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20191105 Regular City Council Meeting - Agenda (2)California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City's website at www.cityofvemon.org. Americans with Disabilities Act ("ADA"): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. fir+ � FopN 7�a Agenda City of Vernon Regular City Council Meeting Tuesday, November 05, 2019, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Melissa Ybarra, Mayor Leticia Lopez, Mayor Pro-Tem William Davis, Council Member Carol Menke, Council Member Vacant, Council Member CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. ELECTIONS City Clerk Results of the Special Municipal Election held on October 15, 2019 Recommendation: A. Find that the approval of the proposed action is exempt under the California Environmental Quality Act (CEQA) because it is an administrative activity that will not result in direct or indirect physical changes to the environmental, and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378; B. Adopt a Resolution declaring the results of the Special Municipal Election held October 15, 2019; and C. Authorize the City Clerk to deliver the Certificate of Election and administer the oath of Office to the new Council Member. 1. October 15, 2019 Special Election Results Resolution Page 1 Regular City Council Meeting Agenda November 05, 2019 PUBLIC HEARING 2. Fire Department Amendments to Vernon Municipal Code Chapter 7 - Fire Regulations, and Adoption of the 2019 California Fire Code by Reference Recommendation: A. Find that the action proposed is not subject to the California Environmental Quality Act (CEQA) as this ordinance is not considered 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, 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 first reading, and adopt at a subsequent meeting, an ordinance amending various sections of Chapter 7 of the Vernon Municipal Code, along with amendments, additions and deletions and adopting by reference the following code: (1) the 2019 California Fire Code. 1. Notice of Public Hearing - Ordinance No. 1262 - Fire Code Amendments 2. Ordinance No. 1262 - Fire Code Amendments Public Works Amendments to Vernon Municipal Code Chapter 24 - Building and Construction and Adoption of the 2019 California Building Standards Code, 2006 Electrical Code Administrative Provisions, and 2018 International Existing Building Code by Reference Recommendation: A. Find that the proposed ordinance is not subject to the California Environmental Quality Act (CEQA) as this ordinance is not considered 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, 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 Page 2 Regular City Council Meeting Agenda November 05, 2019 B. Approve the first reading, and adopt at a subsequent meeting, an ordinance amending various sections of Chapter 24 of the Vernon Municipal Code, along with amendments, additions and deletions and adopting by reference the following codes: (1) the 2019 California Building Code, 24 CCR Part 2; (2) the 2019 California Electrical Code, 24 CCR Part 3; (3) the 2006 Edition of the International Code Council (ICC) Electrical Code Administrative Provisions; (4) the 2019 California Mechanical Code, 24 CCR Part 4; (5) the 2019 California Plumbing Code, 24 CCR Part 5; (6) the 2019 California Existing Building Code, 24 CCR Part 10; (7) the 2018 International Existing Building Code; (8) the 2019 California Residential Code, 24 CCR Part 2.5; (9) the 2019 California Green Building Standards Code also known as the CALGreen Code, 24 CCR Part 11, and; (10) the 2019 California Energy Code, 24 CCR Part 6. 1. Notice of Public Hearing - Bldg Ordinance 2. Ordinance No. 1261 - Building Code Amendments 4. Public Works Amendments to Vernon Municipal Code Chapter 22 - Streets and Sidewalks and Tree City USA Application Recommendation: A. Find that the proposed ordinance is not subject to the California Environmental Quality Act (CEQA) as this ordinance is not considered 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, 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, CEQA Guidelines Section 15308 categorically exempts actions taken by regulatory agencies that assure the maintenance, restoration, enhancement, or protection of the environment. Here, the ordinance involves the adoption procedures with respect to planting and maintaining trees and a tree plan within the City. Further, the request for authorization to submit an application to the Arbor Day Foundation will have no impact on the environment whatsoever; B. Approve the first reading, and adopt at a subsequent meeting, an ordinance adding Article X to Chapter 22 of the Vernon Municipal Code regarding Streets and Sidewalks to establish the "Tree Ordinance;" and C. Authorize the Public Works Department to submit an application to the Arbor Day Foundation for Vernon to be designated a Tree City USA. 1. Ordinance No. 1263 2. Tree City USA Application Page 3 Regular City Council Meeting Agenda November 05, 2019 PRESENTATION Police Department California Highway Patrol (CHP) "10851" Grand Theft Auto Recovery Award Presentation by: Vernon Police Department and CHP Representative Recommendation: No action required by City Council. This is a presentation only. 6. Police Department Proclamation Memorializing Sergeant Bobby Gene Baker and Dedicating "Baker Way" in Honor of his Service and Sacrifice to the City of Vernon Recommendation: A. Acknowledge and present a proclamation to the family of Sergeant Bobby Gene Baker and dedicating the west driveway of Vernon City Hall as 'Baker Way - Private" in honor of his service and sacrifice to the City of Vernon. 1. Proclamation - Dedicating Baker Way CONSENT CALENDAR All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. 7. City Clerk Minutes of the Regular City Council Meeting Held on October 15, 2019 Recommendation: A. Receive and File 1. 2019-10-15 City Council Minutes Finance/ Treasury Ratification of Warrant Registers to Record Voided Checks Recommendation: A. Ratify the following warrant registers to record voided checks: 1) Operating Account Warrant Register No. 26 to record Check No. 603337 in the amount of $832.96 issued 06/27/19 to Verizon Wireless. 2) Operating Account Warrant Register No. 32 to record Check No. 603954 in the amount of $24.82 issued 09/24/19 to Madrigal, Maria. 9. Finance/ Treasury Approval of Operating Account Warrant Register No. 33 Covering the Period of October 8 through October 28, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 33 which totals $12,462,844.08 and consists of the following: 1) Ratification of electronic payments totaling $11,970,197.67. 2) Ratification of the issuance of early checks totaling $457,547.44. 3) Authorization to issue pending checks totaling $35,098.97. Page 4 Regular City Council Meeting Agenda November 05, 2019 4) Voided Check No. 604088 totaling $38.44. 1. Operating Account Warrant Register No. 33 10. Finance/ Treasury Approval of RDA Obligation Retirement Account Warrant Register No. 55 Covering the Period of September 24 through October 28, 2019 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 55 which totals $2,250.00 and consists of the following: 1) Ratification of electronic payments totaling $2,250.00. 1. RDA Obligation Retirement Account Warrant Register No. 55 11. Fire Department Fire Department Activity Report for the Period of September 16 through September 30, 2019 Recommendation: A. Receive and File. 1. Fire Department Activity Report - 09/16/19 to 09/30/19 12. Fire Department Fire Department Activity Report for the Period of October 1 through October 15, 2019 Recommendation: A. Receive and file. 1. Fire Department Activity Report - 10/0 1/ 19 to 10/ 15/ 19 13. Police Department Police Department Activity Log and Statistical Summary for the period of September 16 through September 30, 2019 Recommendation: A. Receive and file. 1. Police Department Activity Report - 09/16/19 to 09/30/19 14. Public Utilities Amendment No. 3 to the Agreement for Economic Development Incentive on Electric Service between the City of Vernon and Matheson Trigas, Inc. Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative and governmental fiscal activity which does not involve any commitment to any specific project and 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; B. Approve Amendment No. 3 to Agreement for the Economic Development Incentive on Electric Service between the City of Vernon (the "City") and Matheson Trigas, Inc., ("Customer") in substantially the same form as submitted, to reflect the parties' understanding that the New Customer Class rate schedule applicable to Customer eliminated the voltage discount by incorporating it into the rates, and therefore, the language in Page 5 Regular City Council Meeting Agenda November 05, 2019 Paragraph 2 of the ED Agreement should be modified to reflect a 20% EDR discount only; and C. Authorize the City Administrator to execute Amendment No. 3 to the Agreement for Economic Development Incentive on electric service with Matheson Trigas, Inc. 1. Economic Development Incentive Amendment No. 3 with Matheson Trigas, Inc. 15. Public Utilities Notice of Completion - City Contract No. LP-0460 - Well No. 11 Pump and Motor Project 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 § 15378; B. Accept the Work by General Pump Company, Inc. with regard to the Well No. 11 Pump and Motor project, Contract No. LP-0460; and C. Authorize the Interim General Manager of Public Utilities to submit for recordation to the Los Angeles County Registrar-Recorder/County Clerk ("County Clerk") the Notice of Completion for the Well No. 11 Pump and Motor Project. 1. Notice of Completion for Well No. 11 Pump and Motor Project, Contract No. LP-0460 16. Public Works Notice of Completion - City Contract No. CS-1107 — City Hall East Wing, Garage and City Yard Roof Repairs Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, as it is a governmental administrative activity that will not directly result in physical changes to the environment and is therefore not a "project" as defined by CEQA Guidelines section 15378; and B. Accept the work of Baja Roofing and Coatings, Inc. as related to City Contract No. CS- 1107 - City Hall East Wing, Garage and City Yard Roof Repairs; and C. Authorize staff to submit the Notice of Completion for Contract No. CS-1107 to the County of Los Angeles Recorder's Office. 1. Notice of Completion - City Contract No. CS-1107 17. Public Works Notice of Completion - City Contract No. CS-1093 - Sierra Pine Avenue Improvements Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, as it is a governmental administrative activity that will not directly result in physical changes to the environment and is therefore not a "project" as defined by CEQA Guidelines section 15378; B. Accept the work of Hardy & Harper, Inc. as related to City Contract No. CS-1093 — Sierra Pine Avenue Improvements; and Page 6 Regular City Council Meeting Agenda November 05, 2019 C. Authorize staff to submit the Notice of Completion for the project to the County of Los Angeles Recorder's Office. 1. Notice of Completion - City Contract No. CS-1093 18. Public Works Notice of Completion - City Contract No. CS-1074 — Public Works, Health and Fire Department Re -carpeting Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (CEQA) review, as it is a governmental administrative activity that will not directly result in physical changes to the environment and is therefore not a "project" as defined by CEQA Guidelines section 15378; and B. Accept the work of G&S Carpet Mills, Inc. as related to City Contract No. CS-1074 - Public Works, Health and Fire Department Re -carpeting; and C. Authorize staff to submit the Notice of Completion for the project to the County of Los Angeles Recorder's Office. 1. Notice of Completion - City Contract No. CS-1074 19. Public Works Public Works Department September 2019 Monthly Building Report Recommendation: A. Receive and File. 1. September 2019 Building Report NEW BUSINESS 20. Fire Department Findings Supporting Amendments to the 2019 California Fire Code Recommendation: A. Find that the action proposed is not subject to the California Environmental Quality Act (CEQA) as the resolution is not considered 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(a); Cal. Pub. Res. Code section 21065. Under the proposed resolution, no such activity is being undertaken. Even if the resolution were to be considered a "project" under CEQA, which is not the case, the resolution 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 resolution involves making express findings and determinations that modifications to each Code are reasonably necessary due to local climatic, geological, or topographical conditions and will not have any effect on the environment; and Page 7 Regular City Council Meeting Agenda November 05, 2019 B. Adopt the proposed resolution making express findings and determinations that modifications to each Code are reasonably necessary due to local climatic, geological, or topographical conditions. 1. Fire Code Amendment - Resolution 21. Public Works Findings Supporting Amendments to the 2019 California Buildings Standards Codes, 2006 International Code Council Administrative Provisions, and 2018 International Existing Building Code Recommendation: A. Find that the proposed resolution is not subject to the California Environmental Quality Act (CEQA) as the resolution is not considered 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(a); Cal. Pub. Res. Code section 21065. Under the proposed resolution, no such activity is being undertaken. Even if the resolution were to be considered a "project" under CEQA, which is not the case, the resolution 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 resolution involves making express findings and determinations that modifications to each Code are reasonably necessary due to local climatic, geological, or topographical conditions and will not have any effect on the environment; and B. Adopt the proposed resolution making express findings and determinations that modifications to each Code are reasonably necessary due to local climatic, geological, or topographical conditions. 1. Resolution - Findings for Building Code Amendments ORAL REPORTS City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator. City Council Reports — brief AB 1234 reports, or report on: activities, announcements, or directives to staff. CLOSED SESSION 22. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (2) Government Code Section 54956.9(d)(1) Bicent (California) Malburg LLC et al. v. City of Vernon et al., Los Angeles Superior Court Case No. 19STCV08859 and JAMS Reference No. 1100107175 Page 8 Regular City Council Meeting Agenda November 05, 2019 City of Vernon v. Bicent (California) Malburg LLC Los Angeles Superior Court Case No. 19STCP02411 and JAMS Reference No. 1220062657 23. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Vernon Professional Firefighters Association, and Vernon Fire Management Association 24. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant Exposure to Litigation Facts and Circumstances: Pursuant to Government Code Section 54956.9(e)(3), the City has received written communication threatening litigation on behalf of the Vernon Fire Management Association, which communication is made available for public inspection pursuant to Section 54957.5. Government Code Section 54956.9(d)(2) Number of potential cases: 1 ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City's website, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 31 st day of October 2019. Lo Lisa Pope, City Clerk Page 9