2018-11-06 City Council MinutesPage 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, NOVEMBER 6, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
CALL TO ORDER & FLAG SALUTE Members Present: Yvette Woodruff-Perez, Melissa Ybarra, Luz Martinez, William Davis
Members Absent: Leticia Lopez
The meeting was called to order at 9:00 a.m. by Mayor Yvette Woodruff-Perez. Director of Health and Environmental Control Department, Fredrick Agyin, led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that a change to Agenda Item No. 17 would be forthcoming.
City Administrator Carlos Fandino clarified that staff would be pulling Agenda Item No. 17.
PUBLIC COMMENT No Public Comment provided.
PUBLIC HEARING
1. An Ordinance amending various Sections of Chapter 26 of the Vernon
Municipal Code by (1) adding certain definitions in Section 26.2.8 of Article
II; (2) amending Section 26.3.1 of Article III; (3) amending Section 26.4.1 of
Article IV; (4) adding Section 26.4.9 “Live/Work Mixed Use (LW) Overlay Zone” to Article IV to allow and regulate Live/Work Mixed Use Construction
and Development within the City of Vernon; and (5) and repealing all
ordinances or parts of ordinances in conflict therewith
Recommendation: A. Find that adoption of the proposed Ordinance is
exempt from California Environmental Quality Act (“CEQA”) review, because it is not a “project” under CEQA, 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. CEQA Guidelines section 15378;
and
B. Conduct a Public Hearing; and
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November 6, 2018
Page 2
C. Approve the first reading, and adopt at a subsequent meeting, an ordinance
amending various sections of Chapter 26 of the Vernon Municipal Code
Zoning, creating a Live/Work mixed use overlay zone.
Mayor Woodruff-Perez opened the Public Hearing at 9:05 a.m.
Director or Public Works, Daniel Wall, reported on the proposed.
Councilmember Ybarra inquired if the City is following the Live/Work models in neighboring
areas.
Director Wall responded to Councilmember Ybarra’s inquiry. A brief discussion ensued between Council and staff regarding the development agreements, potential market rate
increases, rental units, live/work spaces and revenues.
Public Comment:
Marissa Olguin, Vernon Chamber of Commerce Offered comments regarding the notice of the proposed catching the Chamber by surprise and
that this represents a shift in the way housing is being approached in the City of Vernon. She
further added she hopes other businesses will weigh-in on the subject, and the positive evolution
of the City.
Ms. Olguin also inquired on whether or not existing industries (in the City already) or those that
want to come to Vernon will be subject to the provisions of the proposed ordinance.
Director Wall responded and explained that development would be allowed on a case-by-case
basis with various factors being taken into consideration.
Joe Tack, President Sweetener Products Co.
Expressed his concern over potential future resident complaints regarding noise, neighboring
industrial use, businesses that run 24-hour operations, and what impact these potential
complaints will have on businesses.
Director Wall responded that development will be permitted on a case-by-case basis with these
potential factors being taken into consideration.
Mayor Woodruff-Perez closed the Public Hearing at 9:12 a.m.
It was moved by Melissa Ybarra and seconded by William Davis to: A. Find that adoption of the
proposed Ordinance is exempt from California Environmental Quality Act (“CEQA”) review,
because it is not a “project” under CEQA, 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. CEQA
Guidelines section 15378; and B. Conduct a Public Hearing; and C. Approve the first reading,
and adopt at a subsequent meeting, an ordinance amending various sections of Chapter 26 of the
Vernon Municipal Code Zoning, creating a Live/Work mixed use overlay zone.
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November 6, 2018
Page 3
Motion carried, 4 - 0.
Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, and Melissa Ybarra
No: None
CONSENT CALENDAR
2. Minutes of the Regular City Council Meeting held October 16, 2018 Recommendation: A. Receive and File
3. Minutes of the Special City Council Meeting Held October 25, 2018
Recommendation: A. Receive and File
4. A Resolution of the City Council of the City of Vernon adopting an amended
Biennial Code Review Update to the Master Conflict of Interest Code for the
City of Vernon and all Agencies, Boards, and Commissions affiliated with the
City 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 resolution adopting an amended and updated Master Conflict of
Interest Code for the City of Vernon and all affiliated agencies, boards and
commissions, which incorporates all recommendations from the various
affiliated City of Vernon governing bodies and City staff review effective
immediately; and
C. Repeal all other existing Conflict of Interest Codes for the City of Vernon
and all other City of Vernon affiliated governing bodies.
5. Approval of Operating Account Warrant Register No. 10 Covering the Period of October 09 through October 29, 2018
Recommendation: A. Approve Operating Account Warrant Register No. 10
which totals $11,671,050.57 and consists of the following:
1) Ratification of electronic payments totaling $11,101,175.38. 2) Ratification of the issuance of early checks totaling $514,198.33.
3) Authorization to issue pending checks totaling $55,676.86.
4) Voided check No. 601132 totaling $25.00.
6. Ratification of Warrant Registers to Record Voided Checks Recommendation: A. Ratify the following warrant registers to record voided
checks:
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November 6, 2018
Page 4
1) Operating Account Warrant Register No. 4 to record voided Check No.
600513 in the amount of $14.28 issued 08/07/18 to Ayala, Maria.
2) Operating Account Warrant Register No. 9 to record voided Check No. 601054 in the amount of $180.00 issued 09/27/18 to US Healthworks Medical
Group, PC.
7. Approval of RDA Obligation Retirement Account Warrant Register No. 47
Covering the Period of September 25 through October 29, 2018 Recommendation: A. Approve RDA Obligation Retirement Account
Warrant Register No. 47 which totals $120.00 and consists of the following:
1) Ratification of electronic payments totaling $120.00.
8. Vernon Police Department Activity Log and Statistical Summary for the
period of September 16 through September 30, 2018
Recommendation: A. Receive and file.
9. Vernon Police Department Activity Log and Statistical Summary for the period of October 1 through October 15, 2018
Recommendation: A. Receive and file.
10. Approval of City of Huntington Park Police Department Jail Division
Agreement for Inmate Housing. Recommendation: A. Find that approval of the proposed action 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. Approve an agreement for inmate housing services with the City of
Huntington Park, in substantially the same form as submitted herewith; and
C. Authorize the City Administrator to execute the Huntington Park Police Department Jail Division Agreement for Inmate Housing for a three (3) year
term and with a retroactive effective date of July 1, 2018.
11. Public Works Department September 2018 Monthly Building Report Recommendation: A. Receive and File.
12. Ratification of Change Order No. 2 and Acceptance of Work related to
Contract No. CS-0849 – Remodel of 4321 and 4325 Furlong Place Completed
by Song N Sons General Construction, Inc. Recommendation: A. Find that the proposed Capital Improvement Project is categorically exempt under the California Environmental Quality Act (CEQA)
in accordance with CEQA Guidelines Section 15301, Existing Facilities, part
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November 6, 2018
Page 5
(a), because the project is merely to make interior or exterior alterations
involving partitions, plumbing, and electrical conveyances; and
B. Ratify issuance of Change Order No. 2 for the City-owned Housing Remodel Project in the amount of $6,500 for bathroom shower
reconfiguration of the City-owned housing unit located at 4327 Furlong Place
and extending the agreement for an additional twenty-one (21) calendar days
for contractor to complete extra work and compensate for any unforeseen
delays; and
C. Authorize the City Administrator to execute Change Order No. 2 in
substantially the same form as submitted herewith; and
D. Accept the work of Song N Sons General Construction, Inc. as related to the City-owned Housing Remodel Project, Contract No. CS-0849, and
authorize staff to submit the Notice of Completion for the project to the
County of Los Angeles Recorder’s Office.
13. Acceptance of Work related to City Contract No. CS-0940 - Downey Road Improvements Completed by Hardy & Harper, Inc.
Recommendation: A. Affirm that the acceptance of work related to the
Capital Improvement Project at Downey Road is categorically exempt under
the California Environmental Quality Act (CEQA) in accordance with Section
15301, Existing Facilities, part (c), existing highways and streets, because the project is merely to repair existing streets and involves negligible or no
expansion of existing use; and
B. Accept the work of Hardy & Harper, Inc. as related to City Contract No.
CS-0940 - Downey Road Improvements, and authorize staff to submit the Notice of Completion for the project to the County of Los Angeles Recorder’s
Office.
14. Acceptance of Electrical Easement at 4444 26th Street (APN 5243-018-017) Recommendation: A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a “project” as that term is defined under the
California Environmental Quality Act (CEQA) Guidelines Section 15378, and
even if it were a project, it would be categorically exempt in accordance with
CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of
an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may
have a significant effect on the environment); and
B. Accept the Electrical Easement, in substantially the same form as attached
to this staff report, and authorize the Mayor to execute the Certificate of Acceptance.
No Public Comment provided
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November 6, 2018
Page 6
It was moved by William Davis and seconded by Luz Martinez to approve Consent Calendar
items 2 through 14. Motion carried, 4-0.
Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, and Melissa Ybarra
No: None
NEW BUSINESS
15. Adoption of Two (2) Resolutions: 1) Calling for a General Municipal Election
to be Held on Tuesday, April 9, 2019; 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 9, 2019 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 9, 2019.
City Clerk Ayala reported on the proposed. No public comment provided.
It was moved by Luz Martinez and seconded by William Davis to: 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 9, 2019 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 9, 2019. Motion carried, 4-0.
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November 6, 2018
Page 7
Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, and Melissa Ybarra
No: None
16. A Resolution of the City Council of the City of Vernon Approving
Amendment No. 1 to the Teamsters Local 911 2016 - 2019 Memorandum of Understanding
Recommendation: A. Find that approval of the proposed Amendment No. 1
to the Teamsters Local 911 2016 - 2019 Memorandum of Understanding 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 approving Amendment No. 1 to the Teamsters Local 911 2016 - 2019 Memorandum of Understanding adding the
following provision:
ARTICLE FOUR - COMPENSATION
Section 9: Gas Line Training Program
Director of Human Resources Michael Earl reported on the proposed.
No public comment provided.
It was moved by Melissa Ybarra and seconded by Luz Martinez to: A. Find that approval of the
proposed Amendment No. 1 to the Teamsters Local 911 2016 - 2019 Memorandum of
Understanding 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 approving Amendment No. 1 to the
Teamsters Local 911 2016 - 2019 Memorandum of Understanding adding the following
provision: ARTICLE FOUR – COMPENSATION, Section 9: Gas Line Training Program.
Motion carried, 4-0.
Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, and Melissa Ybarra
No: None
17. A Resolution Adopting an Amended and Restated 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
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November 6, 2018
Page 8
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, to Amend Exhibit A, Classification and
Compensation Plan adopting the following:
1. New classification and associated salary range of Environmental Health
Program Coordinator, Salary Grade 31, (Monthly Salary $8,448.30 -
$10,268.97); 2. New classification and associated salary range of Environmental Health
Specialist, Salary Grade 24 (Monthly Salary $6,004.06 - $7,297.96);
3. Delete the classifications of Environmental Specialist, Environmental
Specialist, Senior, and Deputy Director of Health and Environmental Control
and associated salary ranges; and, 4. Approve the revised salary range of Director of Health and Environmental
Control to delete step Y from the existing Salary Grade 43.
C. Approve the job descriptions for:
1. Environmental Health Program Coordinator; and 2. Environmental Health Specialist.
Agenda Item No. 17 was PULLED by staff from the agenda.
18. Purchase of Four (4) Ford F Series Utility Vehicles (Two 2019 Ford F-150 Crew Cab Models, One Ford F-250 Utility Model and One 2019 Ford F-450
Bucket Truck Model)
Recommendation: A. Find that the proposed action is exempt from
California Environmental Quality Act (“CEQA”) review, because purchasing
vehicles 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 even if such an
action were a “project,” it would be exempt from CEQA review in accordance
with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have a significant effect on the environment; and
B. Approve the purchase of four Ford F Series vehicles (two 2019 Ford F-150
Crew Cab Models, one Ford F-250 Utility Model and one 2019 Ford F-450
Bucket Truck Model) for a total cost of $215,506.91.
Director Wall reported on the proposed.
No Public comment provided.
It was moved by Melissa Ybarra and seconded by William Davis to: A. Find that the proposed
action is exempt from California Environmental Quality Act (“CEQA”) review, because
purchasing vehicles is an administrative activity that will not result in direct or indirect physical
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November 6, 2018
Page 9
changes in the environment, and therefore does not constitute a “project” as defined by CEQA
Guidelines Section 15378. And even if such an action were a “project,” it would be exempt from
CEQA review in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA only applies to projects that may have a significant effect on the environment; and B.
Approve the purchase of four Ford F Series vehicles (two 2019 Ford F-150 Crew Cab Models,
one Ford F-250 Utility Model and one 2019 Ford F-450 Bucket Truck Model) for a total cost of
$215,506.91. Motion carried, 4-0.
Yes: Yvette Woodruff-Perez, William Davis, Luz Martinez, and Melissa Ybarra
No: None
ORAL REPORTS City Administrator Carlos Fandino reported on the following: Public Utilities reported power
outages; Fire Station 76 hosted their annual blood drive for Children’s Hospital of Los Angeles;
Fire Department welcomed their first Fire Administration Intern, and hosted the United States Army Reserve 307 Chemical Battalion; Vernon PD conducted a welfare check on an elderly female; Vernon PD officers discovered a critical missing autistic juvenile and contacted family
members and reunited the boy with his family; City staff and officials attended the Vernon
Elementary School Family Night; City Administration hosted the second annual Spooktacular
Halloween event with over 200 people in attendance, attendance at the event consisted of community leaders from Congresswoman Lucille Roybal-Allard’s office and representatives from the Office of Supervisor Hilda Solis; Vernon City Elementary School visited City Hall to
partake in the Halloween mazes and received visits from Council Member Ybarra, Vernon Fire,
and Vernon Police Departments to participate in the Halloween costume parade; and announced
the upcoming Holiday Tree Lighting event.
CLOSED SESSION
The City Council entered closed session at 9:27 a.m.
19. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (2) Government Code Section 54956.9(d)(1)
LAUSD v. County of Los Angeles, et al.
Los Angeles Superior Court, Case No. BS108180 and related cases
Giuliano v. City of Vernon et al. (In re HMR Foods Holding, LP et al.)
U.S. Bankruptcy Court, District of Delaware, Case No. 16-11540 (KJC) /
Adv. Proc. No. 18-50595-KJC
20. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
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November 6, 2018
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Significant exposure to litigation.
Government Code Section 54956.9(d)(2)
Number of potential cases: 2
At 9:40 a.m. the City Council exited closed session. Sr. Deputy City Attorney Zaynah Moussa
announced that no reportable action was taken.
ADJOURNMENT
With no further business, at 9:40 a.m. Mayor Yvette Woodruff-Perez adjourned the meeting.
________________________
Yvette Woodruff-Perez
Mayor
ATTEST: _________________________
Maria E. Ayala
City Clerk