2017-09-05 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, SEPTEMBER 5, 2017, IN
COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA
FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Ybarra, Woodruff-Perez, Davis, Martinez, and Lopez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor Ybarra; Police Chief Anthony Miranda led
the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced there were no changes to the agenda.
PUBLIC COMMENT
Mayor Ybarra 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 was provided. CONSENT CALENDAR
It was moved by Davis and seconded by Lopez to approve all matters listed under the Consent
Calendar under one motion as presented. Motion carried, 5-0. Ybarra: Yes
Woodruff-Perez: Yes
Davis: Yes
Martinez: Yes Lopez: Yes Claims Against the City – Received and Filed
1. Claim for Damages from Maria Cruz received August 10, 2017 Minutes – To be Received and Filed
2. Minutes of the Regular City Council Meeting held July 18, 2017
3. Minutes of the Regular City Council Meeting held August 01, 2017 4. Minutes of the Regular City Council Meeting held August 15, 2017
Warrant Registers 5. Ratification of the following City Warrant Register to record the following voided checks:
A. City Warrant Register No. 1465 to record voided Check No. 353474 in the amount of $15.17.
6. Approval of City Warrant Register No. 1478, totaling $5,018,679.59, which covers
the period of August 8 through August 28, 2017, and consists of the following: A. Ratification of wire transfers totaling $4,412,640.77; and
B. Ratification of the issuance of early checks totaling $495,964.09; and
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C. Authorization to issue pending checks totaling $110,074.73. 7. Approval of Light & Power Warrant Register No. 443, totaling $8,087,894.06, which
covers the period of August 8 through August 28, 2017, and consists of the following:
A. Ratification of wire transfers totaling $8,021,630.94; and B. Ratification of the issuance of early checks totaling $66,263.12.
8. Approval of Gas Warrant Register No. 231, totaling $1,805,093.24, which covers the
period of August 8 through August 28, 2017, and consists of the following: A. Ratification of wire transfers totaling $1,694,851.58; and
B. Ratification of the issuance of early checks totaling $110,241.66.
9. Approval of RDA Obligation Retirement Fund Warrant Register No. 38, totaling $840.00, which covers the period of August 8 through August 28, 2017, and consists of the following:
A. Ratification of the issuance of early checks totaling $840.00. City Clerk Department
10. Resolution No. 2017-45 - 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 Resolution updating the City Staff Members’ appointments does not constitute a “project” pursuant to section 15378(b)(2) of the
Guidelines to the California Environmental Quality Act (“CEQA”), because it
constitutes an administrative activity; and even if the adoption of the proposed
resolution did constitute a project, it would be exempt from CEQA in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and
B. Appoint key staff as either delegate(s) and/or alternate(s) to the following board of
the agency as follows:
1. Gateway Region Integrated Water Management Joint Power Authority (also known as Gateway Water Management Authority
Policy Board).
Appoint Director of Public Works Daniel Wall as the delegate; and appoint as alternates, Storm Water and Special Projects Analyst Claudia Arellano
and Interim Water Specialist Fred Cardenas
Fire Department
11. Activity Report for the period of July 16 through July 31, 2017
12. Activity Report for the period of August 1 through August 15, 2017
Human Resources Department 13. Adoption of New Administrative Manual Policy 1.5 – Employee Fitness Center Use
Policy
Recommendation:
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A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (“CEQA”) review, because it is an administrative activity that will not
result in direct physical changes in the environment, and therefore does not
constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Adopt the attached new Administrative Manual Policy 1.5 – Employee Fitness
Center Use and incorporate said policy into the Citywide Administrative Manual;
and
C. Authorize the City Administrator to execute and distribute the Fitness Center Use
Policy to all City employees.
Police Department
14. Activity Log and Statistical Summary of Arrests and Activities for the period of August 1, though August 15, 2017 to be received and filed
Public Works Department
15. Resolution No. 2017-46 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a Measure R Funding Agreement Highway Program Amended and Restated Funding Agreement for the Interstate
710 South Early Action Projects by and between the City of Vernon and the Los
Angeles County Metropolitan Transportation Authority Recommendation:
A. Find that the approval of the proposed resolution for the Amended and Restated
Measure R Funding Agreement for the Interstate 710 South Early Action Projects (hereinafter referred to as the “Amended and Restated Measure R Funding Agreement”) for Staff Support for the Review of the Draft I-710 South
Environmental Impact Report/Environmental Impact Study (EIR/EIS) (hereinafter
referred to as the “Project”) is exempt from the California Environmental Quality
Act (CEQA) review, in accordance with CEQA Guidelines Section 15262, because the project only involves feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded; and
B. Adopt a resolution approving and authorizing the execution of the Amended and
Restated Measure R Funding Agreement between the Los Angeles County Metropolitan Transportation Authority (“Metro”) and the City of Vernon for the Interstate 710 South Early Action Projects.
ORDINANCES
16. Ordinance No. 1244 - An Ordinance of the City Council of the City of Vernon Abolishing the Industrial Development Authority and Repealing Sections 27.20 through 27.23 of Article III of Chapter 27 of the Vernon Municipal Code and
Repealing all Ordinances or Parts of Ordinances in Conflict Therewith (Second
Reading and Adoption) 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
B. Approve the second reading and adopt an Ordinance repealing Sections 27.20 to 27.23 of Article III of Chapter 27 of the Vernon Municipal Code, abolishing the Industrial Development Authority.
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It was moved by Martinez and seconded by Davis to approve the second reading and adopt
Ordinance No. 1244. Motion carried, 4-0-1.
Ybarra: Yes Woodruff-Perez: Abstain Davis: Yes
Martinez: Yes
Lopez: Yes
17. Ordinance No. 1245 - An Ordinance of the City Council of the City of Vernon Abolishing the Public Benefits Resource Committee and Repealing Section 2.3 of Article I of Chapter 2 of the Vernon Municipal Code and Repealing all Ordinances
or Parts of Ordinances in Conflict Therewith (Second Reading and Adoption)
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
B. Approve the second reading and adopt an Ordinance repealing Section 2.3 of
Article I of Chapter 2 of the Vernon Municipal Code, abolishing the Public Benefits Resource Committee.
It was moved by Davis and seconded by Martinez to approve the second reading and adopt
Ordinance No. 1245. Motion carried, 4-0-1.
Ybarra: Yes
Woodruff-Perez: Abstain
Davis: Yes
Martinez: Yes
Lopez: Yes
18. Ordinance No. 1246 - An Ordinance of the City Council of the City of Vernon, California, Adding Article XVII, Section 24.112 to Chapter 24 of the Vernon
Municipal Code to Establish an Expedited Permitting Process for Electric Vehicle
Charging Stations (Second Reading and Adoption) 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 the second reading and adopt an Ordinance amending Chapter 24 of the City of Vernon Municipal Code by setting forth an expedited, streamlined
permitting process for electric vehicle charging stations as required by Government
Code Section 65850.7
It was moved by Martinez and seconded by Lopez to approve the second reading and adopt Ordinance 1246. Motion carried, 4-0-1.
Ybarra: Yes
Woodruff-Perez: Abstain Davis: Yes Martinez: Yes
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Lopez: Yes NEW BUSINESS
Public Utilities Department 19. Approval of Amendment No. 2 to the Electric System Service and Maintenance Agreement between the City of Vernon and Petrelli Electric, Inc.
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
B. Approve Amendment No. 2 to the Electric System Service and Maintenance
Agreement (“Agreement”) for Electric System Maintenance with Petrelli Electric,
Inc., whereby Exhibit D - Labor Rates of the Agreement would be revised. The total anticipated annual increase will be approximately $270,000; and
C. Authorize the City Administrator to execute the proposed Amendment No. 2
between the City of Vernon and Petrelli Electric, Inc.
General Manager of Public Utilities Kelly Nguyen reported on the proposed.
It was moved by Davis and seconded by Lopez to approve Amendment No. 2 to the Electric
System Service and Maintenance Agreement (“Agreement”) for Electric System Maintenance
with Petrelli Electric. Motion carried, 5-0.
Ybarra: Yes
Woodruff-Perez: Yes
Davis: Yes
Martinez: Yes Lopez: Yes
20. Resolution No. 2017-47 - A Resolution of the City Council of the City of Vernon
establishing Energy Procurement Targets of Zero Megawatt Hours
Recommendation: A. Find that the proposed action is categorically exempt from California
Environmental Quality Act ("CEQA") review, in accordance with CEQA
Guidelines § 15307, because the project is being carried out by a regulatory agency
as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves
procedures for protection of the environment; and
B. Adopt the attached Resolution Establishing Energy Procurement Targets of Zero Megawatt Hours on the grounds that procurement of energy storage systems is not cost-effective.
General Manager Nguyen reported on the proposed.
It was moved by Davis and seconded by Martinez to adopt Resolution No. 2017-47. Motion carried, 5-0.
Ybarra: Yes
Woodruff-Perez: Yes Davis: Yes Martinez: Yes
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Lopez: Yes
ORAL REPORTS
21. City Administrator Reports – brief reports on activities and other brief announcements. City Administrator Carlos Fandino reported on the following: ongoing Farmer John protests;
Police response to incidents throughout the City including a weekend DUI Checkpoint. Police
Chief Miranda provided details about the DUI Checkpoint results. City Administrator Fandino
continued to report on the following: Public Works Department will host a booth at the Huntington Park Sabor de Mexico Lindo event on October 6-8; Vernon Networking Committee’s upcoming monthly meeting on September 21st; local Boy Scouts Troop 419’s Annual Pancake Breakfast
event on September 23rd; Fire Chief English selected as the Treasurer for the Los Angeles Area
Fire Chiefs Association; and Fire Department response to incidents throughout the City. Fire Chief
Bruce English provided more detail about the fire incidents the Department responded to.
Mayor Pro-Tem Woodruff-Perez inquired about how the Vernon Fire Department responds to call
for fires outside of the City. Chief English responded by stating the Fire Department is part of a
California Mutual Aid Agreement and in so being, any services rendered would be reimbursable.
City Administrator Fandino continued with the brief reports on the following: Gaviña Open House event; and the California League of Cities Annual Conference is next week from September 12-
15.
City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives
to staff.
Mayor Pro-Tem Woodruff-Perez inquired about what department was in charge of the City
Facebook page admin, City Administrator Fandino responded that his department staff has been
managing the page.
CLOSED SESSION At 9:19 a.m., the City Council entered into closed session to discuss the following agendized
items:
22. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (2)
Government Code Section 54956.9(d)(1)
1. Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al.
Los Angeles Superior Court Case No. BC620265 2. Los Angeles Unified School District v. County of Los Angeles, et al.
Los Angeles Superior Court, Case No. BS108180 and Related Cases (BS13798;
BS127286; BS130308)
At 9:31 a.m. the City Council exited closed session. Senior Deputy City Attorney Brian Byun announced that two items were discussed and reportable action was taken on Item 22.2. City
Council voted unanimously to approve the settlement agreements relevant to the City of Vernon.
With no further business, at 9:31 a.m., Mayor Ybarra adjourned the meeting.
________________________ Melissa Ybarra Mayor
ATTEST:
_________________________ Maria E. Ayala City Clerk