2016-12-06 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, DECEMBER 6, 2016, IN
COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA
FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Woodruff-Perez Martinez, Ybarra, and Lopez
MEMBERS ABSENT:
The meeting was called to order at 9:00 a.m. by Mayor Davis. Mayor Pro-Tem Woodruff-Perez
led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that there were no changes to the agenda.
PUBLIC COMMENT
Mayor Davis announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an
opportunity to comment on matters on the posted agenda during Council deliberation.
No public comment provided. PRESENTATION
Item No. 1 presentation was moved after the Item No.2 presentation because the Art contest
awardee was not in attendance.
1. A Proclamation of the Mayor and the City Council of the City of Vernon commending Scott B. Rigg for his many years of service to the City of Vernon
City Clerk Maria Ayala read the proclamation.
Mr. Rigg said a few words about his service and retirement.
Director of Public Works, Water and Development Services Derek Wieske said a few words
about Mr. Rigg and commended him on his work and character.
2. Holiday Greeting Card Art Contest Award Presented by: Vernon Police Department, Chief Daniel Calleros
Police Chief Daniel Calleros provided a PowerPoint presentation and presented the award to Atzin Carreon, a student from Vernon Elementary School, who was in attendance.
Senior Advisor to the City Administrator Fred MacFarlane spoke about Atzin being a participant
in a program that was awarded a grant by the Vernon CommUNITY Grant Fund Committee.
3. 1st Quarter Financial Update Presented by: William Fox, Finance Director
Finance Director William Fox provided a PowerPoint presentation. CONSENT CALENDAR
It was moved by Woodruff-Perez and seconded by Ybarra to approve all matters listed under the
Consent Calendar under one motion as presented. Motion carried, 5-0. Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes
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Ybarra: Yes Lopez: Yes
Claims Against the City – Received and Filed
4. None Minutes – To be Received and Filed
5. Minutes of the Regular City Council Meeting held November 01, 2016 6. Minutes of the Regular City Council Meeting held November 15, 2016
Warrant Registers
7. Approval of City Warrant Register No. 1461, totaling $2,554,209.17, which covers the period of November 08 through November 28, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,674,274.76; and
B. Ratification of the issuance of early checks totaling $592,826.65; and
C. Authorization to issue pending checks totaling $287,107.76.
8. Approval of Light & Power Warrant Register No. 426, totaling $11,218,178.21, which covers the period of November 08 through November 28, 2016, and consists of the following:
A. Ratification of wire transfers totaling $10,911,284.79; and
B. Ratification of the issuance of early checks totaling $290,775.46; and
C. Authorization to issue pending checks totaling $16,117.96.
9. Approval of Gas Warrant Register No. 214, totaling $1,583,228.98, which covers the period of November 08 through November 28, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,564,703.50; and
B. Ratification of the issuance of early checks totaling $13,320.29; and
C. Authorization to issue pending checks totaling $5,205.19.
10. Approval of RDA Obligation Retirement Fund Warrant Register No. 32, totaling
$10,179.99, which covers the period of November 08 through November 28, 2016, and consists of the following:
A. Ratification of the issuance of early checks totaling $10,179.99.
Gas and Electric Department 11. Base Contract (“NAESB”) with City of Long Beach for Sale and Purchase of
Natural Gas
Recommendation:
A. Find that (a) the agreement between the City of Vernon and City of Long Beach is
not in reference to a “project” subject to the California Environmental Quality Act
(“CEQA”) under Guidelines section 15378 because it involves the administrative activity of purchasing gas; and (b) even if this approval were a “project” subject to
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CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may
have an effect on the environment because purchasing gas is purely a financial
transaction, and any construction that may occur by a private party in the future in
reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and
B. Authorize the Director of Gas & Electric (as per Resolution No. 9280) to execute
the North American Energy Standards Board (“NAESB”) contract by and between the City of Vernon (“City”) and City of Long Beach (“Long Beach”) in substantially the same form as attached to the staff report, for the purpose of buying
and selling natural gas to or from Long Beach, in compliance with the general terms
established in the agreement. Pursuant to Vernon Municipal Code § 2.17.12(A)(6),
competitive bidding is not required because this is a contract for gas and/or electrical power for the City’s power utility, and it would be commercially unreasonable to procure the gas or electricity through standard bidding or request
for proposal procedures.
Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of November 01, through November 15, 2016, to be received and filed.
13. Drug Enforcement Administration Agreement Recommendation:
A. Find that granting authority to execute the referenced agreement is exempt from
California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in
the environment, and therefore does not constitute a “project” as defined by CEQA
Guidelines section 15378; and
B. Authorize the Police Chief to execute an agreement with the Drug Enforcement Administration (DEA), in substantially the same form as submitted herewith, for
continued participation in the Southwest Border Initiative (SWBI) taskforce.
ORDINANCE
Public Works, Water and Development Services Department 14. An Ordinance of the City Council of the City of Vernon amending various sections
of Chapters 7, Fire Regulations and 24, Building and Construction, of the Vernon
Municipal Code, along with amendments, additions and deletions and adopting by reference the following codes: (1) the 2016 California Fire Code, 24 CCR Part 9; (2) the 2016 California Building Code, 24 CCR Part 2; (3) the 2016 California Electrical Code, 24 CCR Part 3; (4) the 2006 Edition of the International Code Council
Electrical Code Administrative Provisions; (5) the 2016 California Mechanical
Code, 24 CCR Part 4; (6) the 2016 California Plumbing Code, 24 CCR Part 5; (7) the 2016 California Existing Building Code, 24 CCR Part 10; (8) the 2015 International Existing Building Code; (9) the 2016 California Residential Code, 24
CCR Part 2.5; (10) the 2016 California Green Building Standards Code also called
the CALgreen Code, 24 CCR Part 11, and; (11) the 2016 California Energy Code,
24 CCR Part 6; repealing all prior ordinances and parts of ordinances in conflict therewith (Second Reading and Adoption)
Recommendation:
A. Find that the action proposed herein is not subject to the California Environmental Quality Act (CEQA) as this ordinance is not considered a “project” under CEQA
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which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment, Cal. Pub. Res.
Code Section 21065. Under the proposed ordinance, no such activity is being
undertaken. Even if the ordinance were to be considered a “project” under CEQA, which is not the case, the ordinance would be covered by the general rule set forth in CEQA Guidelines Section 15061(b)(3) which provides that CEQA applies only
to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the ordinance involves the adoption of state-mandated construction codes, and the revisions to those codes merely improve the
safety of buildings and will not have any effect on the environment; and
B. Approve the second reading and adopt an ordinance amending various sections of Chapters 7 and 24 of the Vernon Municipal Code, along with amendments, additions and deletions and adopting by reference the following codes: (1) the 2016
California Fire Code, 24 California Code of Regulations (CCR) Part 9; (2) the 2016
California Building Code, 24 CCR Part 2; (3) the 2016 California Electrical Code,
24 CCR Part 3; (4) the 2006 Edition of the International Code Council (ICC) electrical Code Administrative Provisions; (5) the 2016 California Mechanical
Code, 24 CCR Part 4; (6) the 2016 California Plumbing Code, 24 CCR Part 5; (7)
the 2016 California Existing Building Code, 24 CCR Part 10; (8) the 2015
International Existing Building Code; (9) the 2016 California Residential Code, 24
CCR Part 2.5; (10) the 2016 California Green Building Standards Code also called the CALGreen Code, 24 CCR Part 11, and; (11) the 2016 California Energy Code,
24 CCR Part 6.
City Clerk Maria Ayala read the ordinance.
Oral staff report was provided as no changes had been made to the ordinance since what was
presented to Council at its previous meeting on November 15, 2016.
It was moved by Ybarra and seconded by Lopez to approve the second reading and adopt an
ordinance amending various sections of Chapters 7 and 24 of the Vernon Municipal Code. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes Ybarra: Yes
Lopez: Yes
NEW BUSINESS
City Clerk Department
15. Resolution No. 2016-67 - A Resolution of the City Council of the City of Vernon
updating City Staff Members’ appointments to the Gateway Region Integrated
Water Management Joint Power Authority also known as Gateway Water Management Authority Policy Board
Recommendation: A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (“CEQA”) review, because it is a continuing administrative activity
that will not result in direct or indirect physical changes in the environment, and
therefore does not constitute a “project” as defined by CEQA Guidelines section
15378; and
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B. Appoint key staff as either delegate(s) and/or alternate(s) to the following board of the agency:
1. Gateway Region Integrated Water Management Joint Power
Authority (also known as Gateway Water Management Authority Policy Board) Appoint Director of Public Works, Water and Development Services Derek
Wieske as the delegate; and appoint as alternate, Storm Water and Special
Projects Analyst Claudia Arellano.
City Clerk Ayala reported on the proposed.
It was moved by Lopez and seconded by Ybarra to approve Resolution No. 2016-67 and appoint
Director of Public Works, Water and Development Services Derek Wieske as the delegate; and
appoint as alternate, Storm Water and Special Projects Analyst Claudia Arellano to the Gateway Region Integrated Water Management Joint Power Authority. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes Ybarra: Yes
Lopez: Yes
Public Works, Water and Development Services Department
16. Award of Professional Services Agreements with Iteris, Inc. and with Albert Grover & Associates for on-call Traffic Engineering Services
Recommendation: A. Find that the approval of the proposed action is exempt from California
Environmental Quality Act (“CEQA”) review, because such action constitutes an
administrative activity and it will not result in a direct or indirect physical changes
to the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Approve and authorize the City Administrator to enter into a three year contract
agreement with Iteris, Inc. for an amount not to exceed $180,000; and
C. Approve and authorize the City Administrator to enter into a three year contract
agreement with Albert Grover and Associates for an amount not to exceed
$180,000.
Director Wieske reported on the proposed.
It was moved by Ybarra and seconded by Woodruff-Perez to approve and authorize the City
Administrator to enter into a three year contract agreement with Iteris, Inc. and Approve and
authorize the City Administrator to enter into a three year contract agreement with Albert Grover
and Associates. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes
Martinez: Yes
Ybarra: Yes Lopez: Yes
17. Recommendation from the Vernon Housing Commission to Delay the Next Phase of
the City Housing Remodel Project to Provide the Housing Commission with an
Opportunity to Review the Contract Specifications Recommendation:
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A. Find that the recommendations from the Vernon Housing Commission do not
constitute a “project” pursuant to Section 15378(b)(2) of the Guidelines to the
California Environmental Quality Act (“CEQA”) because such action constitutes an administrative activity; and even if the adoption of the proposed item did
constitute a project, it would be exempt from CEQA in accordance with Section
15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment; and
B. Approve the recommendation from the Vernon Housing Commission (VHC) to
delay the Housing Remodel Project in order to provide the Commission with an
opportunity to review the plans and contract specifications with staff and to explore
the need of additional disabled accessibility features in the City’s housing units,
related to the Housing Remodel Project.
Director Wieske reported on the proposed.
Mayor Davis inquired about the accessibility regulations on a specific location. Director Wieske
said he would look into it further, adding that the City is currently ADA compliant.
Councilmember Lopez inquired about the time length of the delay. Director Wieske estimated it
would be 3 months.
A dialogue ensued between staff and City Council about the bid process, ADA accessibility requirements, and the other requests of the Vernon Housing Commission Sub-Committee.
The staff and City Council clarified the recommendation being proposed, the specifics of the input,
and the discretion of the City Council.
It was moved by Ybarra and seconded by Woodruff-Perez to approve the recommendation from
the Vernon Housing Commission. Motion carried, 5-0.
Davis: Yes
Woodruff-Perez: Yes Martinez: Yes
Ybarra: Yes
Lopez: Yes
ORAL REPORTS
18. City Administrator Reports – brief reports on activities and other brief announcements by
the City Administrator and Department Heads.
Police Chief Daniel Calleros reported on the following: A Nov. 18th assault with a deadly weapon on the 6000 block of Alcoa Avenue; a Dec. 12th animal rights activist group vigil at Farm John;
and a Dec. 16th sobriety checkpoint.
Mayor Davis noted graffiti at the intersection of Bickett and 54th street.
Interim Fire Chief Guth reported on the following: Ongoing toy drive; Nov. 29th blood drive; and
regional training center fully operational Dec. 10.
Public Works, Water and Development Services Director Derek Wieske reported on the tenant
satisfaction surveys, and the LA River Revitalization Project.
Gas and Electric Director Kelly Nguyen reported on two power outages: one on Dec. 2nd and
another on Dec. 5th.
Councilmember Ybarra inquired about the impact on businesses. Staff reported that the impact was minimal as they occurred outside of normal hours of operation.
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Health and Environmental Control Director Keith Allen reported on health practices to reduce the risk of the flu.
Mayor Davis inquired about an Exide update. Director Allen provided a brief update, noting that
the Department of Toxic Substances Control would be providing an update at the Jan. 10 City Council meeting.
City Administrator Carlos Fandino reported on the following: Vernon Chamber of Commerce
Economic Development luncheon; Nov. 29th proposed Measure Q information session; Nov. 21
Employee Informational Meeting; Los Angeles Department of Water and Power control center tour; and the City’s Holiday Celebration & Employee Recognition Party scheduled to take place on Dec. 15.
19. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or
directives to staff. CLOSED SESSION
At 10:01 a.m., the City Council entered into closed session to discuss the following agendized
items:
20. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1)
Title: Fire Chief 21. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Teamsters Local 911,
IBEW Local 47,
Vernon Firemen's Association,
Vernon Fire Management Association, Vernon Police Officers' Benefit Association, Vernon Police Management Association
At 10:25 a.m. the City Council exited closed session. City Attorney Hema Patel announced that two items were discussed and there was no reportable action.
With no further business, at 10:30 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk