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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 Regular City Council Minutes 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. Regular City Council Minutes 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: Regular City Council Minutes 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 Regular City Council Minutes 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 Regular City Council Minutes 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. Regular City Council Minutes 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 Regular City Council Minutes 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 Regular City Council Minutes 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 Regular City Council Minutes November 6, 2018 Page 10 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