2017-11-07 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, NOVEMBER 7, 2017, IN
COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA
FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Ybarra, Davis, Martinez, and Lopez
MEMBERS ABSENT: Woodruff-Perez
The meeting was called to order at 9:00 a.m. by Mayor Ybarra; Fire Chief Bruce English led the
flag salute.
Mayor Ybarra asked for a moment of silence to honor the victims of the tragedy that occurred in Sutherland Springs, Texas on November 5, 2017.
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.
Joy Langford, from Joy Langford and Associates, an environmental contractor spoke about recent
legislation passed by the AQMD, specifically PR415, and how it effects local businesses and the
City.
Marisa Olguin, Vernon Chamber of Commerce, spoke further about PR415 and further steps
necessary for implementation. She also announced an upcoming Chamber luncheon.
PUBLIC HEARING
1. Ordinance No. 1248 - An Ordinance of the City Council of the City of Vernon amending Chapter 25 of the Vernon Municipal Code and adopting by reference the
Department of Water Resources State Model Landscaping Ordinance; and repealing all ordinances or parts of ordinances in conflict therewith (First Reading) Recommendation:
A. Find that approval of the proposed Ordinance is categorically exempt under
California Environmental Quality Act (CEQA) Guidelines Section 15308, which exempts those actions taken by regulatory agencies, as authorized by state or local
ordinance, to assure the maintenance, restoration, enhancement, or protection of the
environment where the regulatory process involves procedures for protection of the
environment. Here, the ordinance involves the adoption of amendments to revise
the City’s Model Water Efficient Landscape Ordinance as authorized and mandated by the Governor’s Office and the Department of Water Resources; and
B. Open a Public Hearing and receive any comments from the public regarding the
proposed amendments, and thereafter close the Public Hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance
amending Chapter 25 of the Vernon Municipal Code (VMC), regarding the City’s
Model Water Efficient Landscape Ordinance.
At 9:10 a.m. Mayor Ybarra opened the Public Hearing.
Public Works Director Daniel Wall reported on the proposed.
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No public comment was provided.
At 9:11 a.m. Mayor Ybarra closed the Public Hearing.
It was moved by Martinez and seconded by Davis to approve the first reading, and adopt at a subsequent meeting, Ordinance 1248. Motion carried, 4-0.
Ybarra: Yes
Woodruff-Perez: Absent
Davis: Yes Martinez: Yes Lopez: Yes
PRESENTATION
2. Lower Los Angeles River Revitalization Plan Presented by: Mark Stanley, Representative for the Rivers and Mountains Conservancy
Agency
Mark Stanley, Representative for the Rivers and Mountains Conservancy Agency, provided a PowerPoint Presentation. CONSENT CALENDAR
No public comment was provided. 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, 4-0.
Ybarra: Yes Woodruff-Perez: Absent Davis: Yes
Martinez: Yes
Lopez: Yes
Claims Against the City – Received and Filed 3. None
Warrant Registers 4. Approval of City Warrant Register No. 1482, totaling $1,302,515.48, which covers the period of October 10 through October 30, 2017, and consists of the following:
A. Ratification of wire transfers totaling $753,179.46; and B. Ratification of the issuance of early checks totaling $499,261.07; and
C. Authorization to issue pending checks totaling $50,074.95; and D. Voided checks totaling $34.24.
5. Approval of Light & Power Warrant Register No. 447, totaling $7,060,541.85, which
covers the period of October 10 through October 30, 2017, and consists of the
following:
A. Ratification of wire transfers totaling $6,196,462.31; and
B. Ratification of the issuance of early checks totaling $812,401.40; and
C. Authorization to issue pending checks totaling $51,678.14.
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6. Approval of Gas Warrant Register No. 235, totaling $1,776,351.69, which covers the period of October 10 through October 30, 2017, and consists of the following:
A. Ratification of wire transfers totaling $1,773,259.28; and B. Ratification of the issuance of early checks totaling $3,092.41.
7. Approval of RDA Obligation Retirement Fund Warrant Register No. 39, totaling
$210.00, which covers the period of August 29 through October 30, 2017, and consists of the following:
A. Ratification of the issuance of early checks totaling $210.
City Attorney Department 8. Approval of an Amendment No. 2 to the Attorney Services Agreement (Litigation) between the City of Vernon and Rutan & Tucker regarding specialized litigation
and legal advisory services
Recommendation: A. Find that approval of the proposed Amendment No. 2 to the City’s agreement with
Rutan & Tucker is exempt from California Environmental Quality Act (“CEQA”)
review, because it is a continuing administrative and fiscal 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 City Administrator to enter into an Amendment No. 2 to the Attorney
Services Agreement (Litigation) between the City of Vernon and Rutan & Tucker, in substantially the same form as submitted herewith, for an additional amount not
to exceed $150,000.00.
Fire Department
9. Activity Report for the period of September 16 through September 30, 2017 10. Activity Report for the period of October 1 through October 15, 2017
Health and Environmental Control Department 11. October 2017 Monthly Report
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of October 1, through October 15, 2017 to be received and filed
13. Activity Log and Statistical Summary of Arrests and Activities for the period of
October 16, through October 31, 2017 to be received and filed
Public Works Department
14. Building Department Report for the Month of September 2017
NEW BUSINESS
City Administration Department
15. Resolution No. 2017-58 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a Standard Offer, Agreement and
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Escrow Instructions for purchase of real estate between the City of Vernon and Crown Poly and/or Assignee for the sale of property located at 2800-2900 East 50th Street in the City of Vernon
Recommendation: A. Find that adoption of the proposed Resolution is exempt from the California
Environmental Quality Act (“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. Adopt a Resolution Approving and Authorizing the Execution of a Standard Offer,
Agreement and Escrow Instructions for Purchase of Real Estate between the City
and Crown Poly and/or assignee for the Sale of Property Located at 2800-2900 East
50th Street in Vernon, CA. City Administrator Fandino reported on the proposed.
No public comment was provided.
It was moved by Davis and seconded by Lopez to adopt Resolution No. 2017-58. Motion carried, 4-0.
Ybarra: Yes
Woodruff-Perez: Absent Davis: Yes Martinez: Yes
Lopez: Yes
City Clerk Department 16. Periodic Review and Update of the City of Vernon Voter Registration Database
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. Direct the City Clerk to periodically review the City of Vernon voter registration
database by providing any information for potential updates to the Los Angeles
County Registrar-Recorder/County Clerk.
City Clerk Ayala reported on the proposed.
Public Comment
Marisa Olguin, Vernon Chamber of Commerce, applauded the Office of the City Clerk for this effort and expressed it is an important for City elections.
It was moved by Lopez and seconded by Martinez to direct the City Clerk to periodically review
the City of Vernon voter registration database by providing any information for potential updates to the Los Angeles County Registrar-Recorder/County Clerk. Motion carried, 4-0.
Ybarra: Yes
Woodruff-Perez: Absent
Davis: Yes Martinez: Yes Lopez: Yes
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17. California Voter Participation Rights Act (California State Senate Bill 415)
Recommendation:
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 or indirect physical changes in the environment, and therefore does
not constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Receive and file report on City’s compliance with the California Voter Participation Rights Act (California State Senate Bill 415).
City Clerk Ayala reported on the proposed.
A dialogue ensued between the Council and City Clerk Ayala regarding ongoing monitoring of
voter turnout, the impacts of possible consolidations, turnout thresholds, and options if
consolidation become mandatory.
No public comment was provided.
It was moved by Martinez and seconded by Davis to receive and file report on City’s compliance
with the California Voter Participation Rights Act (California State Senate Bill 415). Motion
carried, 4-0.
Ybarra: Yes
Woodruff-Perez: Absent
Davis: Yes
Martinez: Yes
Lopez: Yes
18. Resolution Nos. 2017-59 and 2017-60 - Adoption of Two (2) Resolutions: 1) Calling for a General Municipal Election to be Held on Tuesday, April 10, 2018; and 2)
Requesting the Board of Supervisors of the County of Los Angeles to Render
Specified Services for Conduct of Said General Municipal Election Recommendation:
A. Find that approval of the Resolutions is exempt from California Environmental
Quality Act (“CEQA”) review, because it is an 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. Adopt a Resolution of the City Council of the City of Vernon, California, Calling
and Giving Notice of an All-Mail Ballot General Municipal Election to be held on Tuesday, April 10, 2018 for the Election of a Certain Officer as required by the
provisions of the Charter of the City of Vernon; and
C. Adopt a Resolution of the City Council of the City of Vernon, California, Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of the General Municipal
Election to be Held on Tuesday, April 10, 2018.
City Clerk Ayala reported on the proposed. No public comment was provided.
It was moved by Davis and seconded by Lopez to adopt Resolution Nos. 2017-59 and 2017-60.
Motion carried, 4-0. Ybarra: Yes
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Woodruff-Perez: Absent Davis: Yes
Martinez: Yes
Lopez: Yes
Human Resources Department 19. Resolution No. 2017-61 - A Resolution of the City Council of the City of Vernon
adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution
in accordance with Government Code Section 20636(b)(1) and repealing all resolutions in conflict therewith Recommendation:
A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is an 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. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective retroactively on September 3, 2017, to reflect the
following provisions:
1) Amend the Fringe Benefits and Salary Resolution, Subsection C of Section 11, Automobile Allowance and Reimbursement for Expenses, to add Assistant General Manager of Public Utilities to the list of classifications provided a City
Vehicle and Fuel.
2) Amend Exhibit A, Classification and Compensation Plan adopting the following new job description and associated salary range:
New Classification Title Salary Grade Monthly Salary Range
Metering Technician, Senior 31 $8,283 - $10,068
Human Resources Director Michael Earl reported on the proposed.
No public comment was provided.
It was moved by Lopez and seconded by Martinez to adopt Resolution No. 2017-61. Motion
carried, 4-0.
Ybarra: Yes Woodruff-Perez: Absent
Davis: Yes
Martinez: Yes
Lopez: Yes Public Utilities Department
20. Approval of an Agreement for Equipment Purchase and Services with Fujitsu
Network Communications, Inc. Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act ("CEQA") review, because awarding a contract is an 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. As to the replacement of components of the City’s fiber optic
network, the proposed action is exempt from CEQA review, in accordance with
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CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing structures and facilities where the new
structure will be located on the same site as the structure replaced and will have
substantially the same purpose and capacity as the structure replaced; and
B. Approve an Agreement for Equipment Purchase and Services with Fujitsu Network Communications, Inc., in substantially the same form as submitted herewith; and
C. Authorize the City Administrator to execute the proposed Agreement for
Equipment Purchase and Services related to the fiber optic network system internet access operations, for an amount not to exceed $272,721, for a three-year contract term; and
D. Authorize the City Administrator to issue change orders, if necessary, in an amount
not to exceed $77,279; and E. Find that the agreement for an equipment purchase and services with Fujitsu is
exempt from competitive selection pursuant to Vernon Municipal Code Section
2.17.12 B(2), as the best interests of the City are served by a direct award of the
contract for the reasons set forth within this staff report.
General Manager Nguyen reported on the proposed.
No public comment was provided.
It was moved by Davis and seconded by Martinez to approve an Agreement for Equipment
Purchase and Services with Fujitsu Network Communications, Inc., and authorize the City
Administrator to execute the proposed Agreement for Equipment Purchase and Services related to
the fiber optic network system internet access operations, for an amount not to exceed $272,721,
for a three-year contract term, and authorize the City Administrator to issue change orders, if necessary, in an amount not to exceed $77,279. Motion carried, 4-0.
Ybarra: Yes
Woodruff-Perez: Absent
Davis: Yes Martinez: Yes
Lopez: Yes
ORAL REPORTS
21. City Administrator Reports – brief reports on activities and other brief announcements.
City Administrator Carlos Fandino reported on the following: various power outages throughout
the City; 10th annual Blood Drive for Children’s Hospital Los Angeles on November 8th; DTSC
notice that Exide facility closure is scheduled to begin November 2017; October 25th Search Warrant at 2035 46th Street regarding a possible Marijuana grow; Ryerson’s Anniversary Celebration was held on October 26th; Huntington Park’s Holiday Parade which will be on
December 9th; and City of Vernon Spooktacular Halloween festivities.
22. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff.
At 9:50 a.m., the City Council entered into closed session to discuss the following agendized
items: CLOSED SESSION
23. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section
54956.8 Property: 6010 Oak Street, #B, Huntington Park, CA 90255 Agency negotiator: Carlos Fandino, City Administrator
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Negotiating parties: Cesar A. Garcia Under negotiation: Price and Terms of Payment.
24. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section
54956.8 Property: 2915 E. 60th Place #S, Huntington Park, CA 90255 Agency negotiator: Carlos Fandino, City Administrator
Negotiating parties: Eulises Perez
Under negotiation: Price and Terms of Payment.
At 9:59 a.m. the City Council exited closed session. Senior Deputy City Attorney Brian Byun reported that two items were discussed and that no reportable action was taken.
With no further business, at 9:59 a.m., Mayor Ybarra adjourned the meeting.
________________________
Melissa Ybarra
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk