20191119 Regular City Council Meeting - AgendaCalifornia 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
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Agenda
City of Vernon
OF V
Regular City Council Meeting
,JF OX&
Tuesday, November 19, 2019, 09:00 AM
City Hall, Council Chamber
•
4305 Santa Fe Avenue
N
Vernon, California
Melissa Ybarra, Mayor
Leticia Lopez, Mayor Pro-Tem
William Davis, Council Member
Carol Menke, Council Member
Diana Gonzales, 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.
PUBLIC HEARING
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
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Regular City Council Meeting Agenda
November 19, 2019
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. Conduct second reading and adopt Ordinance No. 1262 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
2. Public Utilities
Public Hearing Regarding Proposed Changes in Water Rates and Resolution Approving
and Adopting a Revised Water Rate Schedule
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (CEQA) review pursuant to CEQA Guidelines § 15273(a)(4), which states that
CEQA does not apply to the establishment, modification, structuring, restructuring, or
approval of rates, tolls, fares, or other charges by public agencies which the public agency
finds are for the purpose of obtaining funds for capital projects, necessary to maintain service
within existing service areas. Furthermore, even if the proposed changes in water rates were
subject to CEQA review, the approval requested is exempt in accordance with CEQA
Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a
significant effect on the environment, for the reason that any construction that may occur in
the future by a private parry relying on this approval would be subject to CEQA review at that
time; and
B. Provided that a majority of owners/tenants of the affected properties have not submitted
written protests as of the end of the Public Hearing, adopt a resolution adopting a revised
schedule of water rates and repealing all resolutions in conflict.
1. Notice of Public Hearing Regarding Proposed Changes in Water Rates
2. Water Rate Study for City of Vernon September 26, 2019
3. Water Division Three -Year Capital Improvements Plan
4. Resolution Adopting a Revised Schedule of Water Rates
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
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Regular City Council Meeting Agenda
November 19, 2019
"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. Conduct second reading and adopt Ordinance No. 1261 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
PRESENTATION
4. Human Resources
Employee Service Pin Awards for October 2019
Recommendation:
No action required by City Council. This is a presentation only.
1. Service Pin List for October 2019
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.
City Clerk
Claim for Damages from Adolfo Cabrera -Martinez received on October 30, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: Adolfo Cabrera -Martinez 10-30-19
6. City Clerk
Minutes of the Regular City Council Meeting Held on November 5, 2019
Recommendation:
A. Receive and File
1. 2019-11-05 City Council Minutes
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7. 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. 32 to record Check No. 603951 in the amount of
$1095 issued 09/24/19 to Fleming Environmental, Inc.
Finance/ Treasury
Approval of City Payroll Warrant Register No. 761 Covering the Period of October 1
through October 31, 2019
Recommendation:
A. Approve City Payroll Account Warrant Register No. 761 which totals $2,876,790.07 and
consists of the following:
1) Ratification of direct deposits, checks and taxes totaling $2,274,761.38.
2) Ratification of checks and electronic fund transfers (EFT) paid through Operating bank
account totaling $602,028.69.
1. City Payroll Account Warrant Register No. 761
9. Finance/ Treasury
Approval of Operating Account Warrant Register No. 34 Covering the Period of
October 29 through November 11, 2019
Recommendation:
A. Approve Operating Account Warrant Register No. 34 which totals $4,868,036.56 and
consists of the following:
1) Ratification of electronic payments totaling $4,323,162.10
2) Ratification of the issuance of early checks totaling $523,274.33
3) Authorization to issue pending checks totaling $21,600.13
Operating Account Warrant Register No. 34
10. Police Department
Vernon Police Department Activity Log and Statistical Summary for the period of
October 1 through October 15, 2019
Recommendation:
A. Receive and file.
1. Police Department Activity Report - 10/01 / 19 to 10/ 15/ 19
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11. Public Works
Acceptance of Electrical Easement at 4665 49th Street (APN 6304-018-022)
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 submitted herewith, and
authorize the Mayor to execute the Certificate of Acceptance.
1. Electrical Easement - 4665 49th St.
2. Certificate of Acceptance - EE 4665 49th
12. 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; and
B. Conduct second reading and adopt Ordinance No. 1263 adding Article X to Chapter 22 of
the Vernon Municipal Code regarding Streets and Sidewalks to establish the "Tree
Ordinance."
1. Ordinance No. 1263
2. Tree City USA Application
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13. Public Works
Notice of Completion - City Contract No. CS-1061— 53rd St., 54th St., 55th St., 57th St.,
& Hampton St. 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; and
B. Accept the work of Hardy & Harper, Inc. as related to City Contract No. CS-1061 — 53rd
St., 54th St., 55th St., 57th St., & Hampton St. Improvements, and authorize staff to submit
the Notice of Completion for the project to the County of Los Angeles Recorder's Office.
1. Notice of Completion
NEW BUSINESS
14. Public Utilities
Attorney Services Agreement (Transactional) with Stradling Yocca Carlson & Rauth
for bond and disclosure counsel services
Recommendation:
A. Find that the proposed action is exempt from California Environmental Quality Act
(CEQA) review, because retaining legal counsel in connection with bond financing
transactions 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. Approve the Attorney Services Agreement (Transactional) Between the City of Vernon
and Stradling Yocca Carlson & Rauth, a Professional Corporation, for Bond and Disclosure
Counsel Services ("Agreement"), in substantially the same form as submitted herewith, for an
amount not to exceed one hundred seventy thousand dollars ($170,000), unless special
services are requested; and
C. Authorize the City Administrator to execute the Agreement effective November 19, 2019.
1. Attorney Services Agreement (Transactional) with Stradling Yocca Carlson & Rauth for
Bond and Disclosure Counsel Services
15. Public Works
SB 2 Planning Grants Program Funds
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. Adopt a Resolution approving and authorizing the submittal of an application to the
Department of Housing and Community Development for, and receipt of SB 2 Planning
Grants Program Funds.
1. Resolution - SB2 Grant Application
2. 2019 SB 2 Planning Grant Application
3. Sample Standard Agreement
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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
16. 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. 1 100107175
City of Vernon v. Bicent (California) Malburg LLC
Los Angeles Superior Court Case No. 19STCP02411 and JAMS Reference No. 1220062657
17. 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
18. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant Exposure to Litigation
Government Code Section 54956.9(d)(2)
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.
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 14th day of November 2019.
LM
Lisa Pope, City Clerk
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