20170502 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, MAY 2, 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 7:35 a.m. by Mayor Ybarra; who also led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that there were no changes to the agenda.
PUBLIC COMMENT
Mayor Davis 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.
No public comment provided.
PUBLIC HEARINGS
1. Resolution No. 2017-17 - A Resolution of the City Council of the City of Vernon
approving and adopting a General Fee Schedule for fiscal year 2017-2018
Recommendation:
A. Find that the approval of the resolution is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Guidelines section 15273,
because CEQA does not apply to the establishment, modification, structuring,
restructuring, or approval of rates, tolls, fares, and other charges by public entities
for the purpose of meeting operating expenses and financial needs, and that even if
it were, it would be exempt pursuant to section 15061(b)(3), the general rule that
CEQA only applies to projects that may have an effect on the environment; and
B. Conduct a public hearing on the Fiscal Year 2017-18 General Fee Schedule; and
C. Adopt the resolution for the General Fee Schedule for the Fiscal Year 2017-18. The
implementation of the General Fee Schedule will incorporate labor and benefit
adjustments necessary to maintain the March 2014 adopted recovery percentages.
In addition, staff will administratively update labor and benefit changes each year
and adjust any State of California mandated rates where changes have been
authorized. City Council will be informed as part of the annual budget process of
the required rate adjustments and whether they should be implemented. Finally, at
a minimum of once every five years, rates should be re-evaluated through the use
of an independent consultant.
Finance Director William Fox reported on the proposed.
Mayor Ybarra opened the Public Hearing at 7:42 a.m.
No public comment was provided.
Mayor Ybarra closed the Public Hearing at 7:42 a.m.
It was moved by Davis and seconded by Martinez to approve Resolution No. 2017-17. Motion
carried, 4-0.
Regular City Council Meeting Minutes
May 2, 2017
Davis: Yes
Woodruff -Perez: Absent
Martinez: Yes
Ybarra: Yes
Lopez: Yes
PRESENTATION
2. Annual "Fill the Boot" drive for the Muscular Dystrophy Association (MDA)
Presented by: Bruce English, Vernon Fire Chief
Bethany Schwartz, Representative for the Muscular Dystrophy Association, provided a brief report
on the "Fill the Boot" campaign.
3. Third Quarter Financial Results
Presented by: William Fox, Finance Director
Finance Director William Fox provided a PowerPoint Presentation
BUDGET STUDY SESSION
4. Review of proposed budgets for fiscal year 2017-2018 for the following departments:
A. Overview
City Administrator Carlos Fandino provided a PowerPoint Presentation on the overview of
proposed Citywide budget.
B. Finance Department
Director Fox provided a PowerPoint Presentation of the Department's proposed budget.
C. City Clerk Department
City Clerk Maria Ayala provided a PowerPoint Presentation of the Department's proposed
budget.
D. Human Resources Department
Human Resources Director Michael Earl provided a PowerPoint Presentation of the
Department's proposed budget.
E. Health and Environmental Control Department
Health and Environmental Control Director Keith Allen provided a PowerPoint Presentation of
the Department's proposed budget.
F. Information Technology Division
Information Technology Manager Ernesto Smith provided a PowerPoint Presentation of the
Department's proposed budget.
Mayor Ybarra recessed the meeting at 9:34 a.m.
The meeting reconvened at 9:44 a.m.
CONSENT CALENDAR,
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.
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Davis: Yes
Woodruff -Perez: Absent
Martinez: Yes
Ybarra: Yes
Lopez: Yes
Claims Against the City — Received and Filed
5. None
Warrant Registers
6. Approval of City Warrant Register No. 1471, totaling $1,181,062.08, which covers
the period of April 11 through April 24, 2017, and consists of the following:
A. Ratification of wire transfers totaling $911,643.43; and
B. Ratification of the issuance of early checks totaling $191,319.30; and
C. Authorization to issue pending checks totaling $78,099.35.
7. Approval of Light & Power Warrant Register No. 436, totaling $5,365,743.56, which
covers the period of April 11 through April 24, 2017, and consists of the following:
A. Ratification of wire transfers totaling $5,289,022.24; and
B. Ratification of the issuance of early checks totaling $70,661.02; and
C. Authorization to issue pending checks totaling $6,060.30.
8. Approval of Gas Warrant Register No. 224, totaling $85,166.37, which covers the
period of April 11 through April 24, 2017, and consists of the following:
A. Ratification of wire transfers totaling $232.37; and
B. Ratification of the issuance of early checks totaling $84,371.00; and
C. Authorization to issue pending checks totaling $563.00.
9. Approval of RDA Obligation Retirement Fund Warrant Register No. 36, totaling
$2,365.50, which covers the period of April 11 through April 24, 2017, and consists
of the following:
A. Authorization to issue pending checks totaling $2,365.50.
City Administration Department
10. Report on Emergency Purchase Secured by the City Administrator
Recommendation:
A. Find that both the filing of this report and the emergency purchase that is the subject
of the report are exempt from California Environmental Quality Act ("CEQA")
review because both activities are and were administrative activities that will not
and did not result in direct or indirect physical changes in the environment and,
therefore, neither activity constitutes a "project" as defined by CEQA Guidelines
section 15378. As to the emergency repairs themselves, that action was statutorily
exempt from CEQA review, in accordance with CEQA Guidelines § 15269(b),
because the work was for emergency repairs to roads necessary to maintain service
essential to the public health, safety, and welfare; and
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B. Receive and file this report on an emergency purchase in the amount of $81,477.50
which was approved to repair the pavement located on the Atlantic Bridge over the
Los Angeles River to avoid a potentially hazardous situation for vehicular traffic,
and to mitigate the impact to travel in and out of Vernon. This report is being
provided for informational purposes only, pursuant to Section 2.17.36 of the
Vernon Municipal Code.
Fire Department
11. Activity Report for the period of April 1 through April 15, 2017
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of
April 1, through April 15, 2017, to be received and filed
13. Agreement to Share Automatic License Plate Recognition Data
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. Authorize the Police Chief to execute an agreement with the Los Angeles County
Sheriff's Department and other law enforcement agencies, for the purpose of
sharing Automatic License Plate Recognition data for investigative purposes.
NEW BUSINESS
Finance Department
14. A Resolution of the City Council of the City of Vernon adopting an Annual
Statement of Investment Policy for fiscal year 2017-2018 and delegating investment
authority to the Finance Director/City Treasurer
Recommendation:
A. Find that approval of the investment policy for Fiscal Year 2017-2018 is exempt
under the California Environmental Quality Act ("CEQA") in accordance with
Section 15061(b)(3), because it is a government 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 Guideline; and
B. Adopt a resolution approving the Annual Statement of Investment Policy for Fiscal
Year 2017-2018 and delegating investment authority to the Finance Director/City
�. Treasurer. The investment policy requires an annual approval by City Council.
Such approval is performed annually through the review of any updates and
reaffirming the investment policy in effect.
Director Fox reported on the proposed.
It was moved by Martinez and seconded by Lopez to approve Resolution No. 2017-18. Motion
carried, 4-0.
Davis: Yes
Woodruff -Perez: Absent
Martinez: Yes
Ybarra: Yes
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Lopez: Yes
Public Utilities
15. A Resolution of the City Council of the City of Vernon lifting the drought
restrictions per Executive Order B-40-17
Recommendation:
A. Find that adopting the proposed resolution 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 in the environment, and
therefore does not constitute a "project" as defined by CEQA Guidelines section
15378; and even if it were considered to be a "project," the activity would be
categorically exempt from CEQA review under CEQA Guidelines section 15307,
because it is an action taken by a regulatory agency, as authorized by state law, to
assure the "maintenance, restoration, or enhancement" of natural resources and
includes procedures to protect the environment; and
B. Adopt a resolution lifting the drought restrictions per Executive Order B-40-17
passed by the Governor of the State of California.
Public Utilities General Manager Kelly Nguyen reported on the proposed.
It was moved by Martinez and seconded by Lopez to approve Resolution No. 2017-19. Motion
carried, 4-0.
Davis: Yes
Woodruff -Perez: Absent
Martinez: Yes
Ybarra: Yes
Lopez: Yes
City Clerk Maria Ayala announced that item 18 would be taken at this time.
PUBLIC HEARINGS (CONT'D)
Note: The subject matter of this public hearing was noticed to take place at 9:00 a.m.
18. Ordinance No. 1242 - An Ordinance of the City Council of the City of Vernon (1)
adding Section 2.49, renumbering all subsequent sections in Article VIII of Chapter
2 of the Vernon Municipal Code accordingly and amending other sections therein
relating to separate utility funds; (2) amending certain definitions of Section 22.29
of Article VI of Chapter 22 of the Vernon Municipal Code relating to the Vernon
Encroachment Ordinance; (3) amending Sections 22.32 and 22.33 of Article VI of
Chapter 22 of the Vernon Municipal Code relating to license and franchise
requirements for all encroachment permittees; (4) amending Section 22.34 of Article
VI of Chapter 22 of the Vernon Municipal Code relating to unacceptable
encroachments; (5) adding Section 22.91 of Article VI of Chapter 22 of the Vernon
Municipal Code relating to co -location of wireless telecommunications facilities; (6)
adding Section 24.11(kk) of Article I of Chapter 24 of the Vernon Municipal Code
relating to building code amendments, additions, and deletions and renumbering
subsequent subsections accordingly; (7) amending Section 24.60 of Article IX of
Chapter 24 of the Vernon Municipal Code relating to adoption of the most recent
version of the California Existing Building Code; (8) amending Section 24.64 of
Article IX of Chapter 24 of the Vernon Municipal Code relating to adoption of
Chapter A2 and A5 of the most recent version of the International Existing Building
Code; (9) amending, adding, and deleting certain definitions in Section 26.2 of
Article II of Chapter 26 of the Vernon Municipal Code relating to the Vernon
Zoning Ordinance; (10) amending Section 26.4.1-2 of Article IV of Chapter 26 of
the Vernon Municipal Code relating to uses permitted of right; (11) amending
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Section 26.4.1-7 of Article IV of Chapter 26 of the Vernon Municipal Code relating
to development and performance standards; (12) amending Section 26.4.1-8 of
Article IV of Chapter 26 of the Vernon Municipal Code relating to site planning
standards; (13) amending Section 26.9.3 of Article IX of Chapter 26 of the Vernon
Municipal Code relating to general conditions of off-site outdoor advertising
structures adjacent to and intended to be viewed from the I-710 freeway; and (13)
repealing all ordinances or parts of ordinances in conflict therewith (first reading)
Recommendation:
A. Find that the proposed action is exempt under the California Environmental Quality
Act ("CEQA") review, because it is general policy and procedure -making activity
that is unrelated to any specific project, which must undergo separate CEQA
review, and that will not result in direct physical changes or reasonably foreseeable
indirect physical changes in the environment, and therefore does not constitute a
"project" as defined by 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 within Chapters 2, 22, 24, and 26 of the Vernon
Municipal Code ("VMC") to update regulations on: (1) Segregated Utility Funds;
(2) Wireless Telecom Companies; (3) Building Setback Requirements; and (4)
Outdoor Advertising Adjacent to the I-710 Freeway.
Mayor Ybarra opened the public hearing at 9:53 a.m.
Public Works Interim Director Kevin Wilson reported on the proposed.
No public comment was provided.
Mayor Ybarra closed the public hearing at 10:10 a.m.
It was moved by Martinez and seconded by Lopez to approve the first reading, and adopt at a
subsequent meeting Ordinance 1242. Motion carried, 4-0.
Davis: Yes
Woodruff -Perez: Absent
Martinez: Yes
Ybarra: Yes
Lopez: Yes
ORAL REPORTS
16. City Administrator Reports — brief reports on activities and other brief announcements by
the City Administrator.
City Administrator Carlos Fandino reported on the following: Councilmember Lopez achieving
`. her Master's degree; the St. Baldrick's event; LA Business Journal Article covering Gavina
coffee's expansion; unscheduled power outages; and the cancellation of the July 4th City Council
meeting.
Public Works Interim Director Wilson reported on the upcoming Eco -Rapid Transit stakeholder
meeting.
City Administrator Fandino wanted to recognize the staff and crew that assisted with the power
outages.
17. City Council Reports —brief AB 1234 reports, or report on: activities, announcements, or
directives to staff.
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Mayor Ybarra recessed the meeting at 10:17 a.m.
CLOSED SESSION
At 10:17 a.m., the City Council entered into closed session to discuss the following agendized
items:
19. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(2)
Significant Exposure to Litigation
Number of potential cases: 1
At 10:47 a.m. the City Council exited closed session. City Attorney Hema Patel announced that
one item was discussed and nothing was reported out.
With no further business, at 11:10 a.m., Mayor Ybarra adjourned the meeting.
ATTEST:
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Maria E. Ayala d
City Jerk
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Mel' sa Ybarra U
Mayor