Loading...
20200407 City Council MinutesMINUTES VERNON CITY COUNCIL REGULARMEETING TUESDAY, APRIL 7,2O2O COTJNCIL CHAMBER,4305 SANTA FE AVENUE CALL TO ORDER Mayor Ybarra called the meeting to order at 9:00 a.m. FLAG SALUTE Mayor Ybarra led the Flag Salute. ROLL CALL PRESENT:Melissa Ybarra, Mayor Leticia Lopez, Mayor Pro Tem (via remote access) William Davis, Council Member Carol Menke, Council Member Diana Gonzales, Council Member STAFF PRESENT: Carlos Fandino, City Administrator Amold Alvarez-Glasman, lnterim City Auomey Lisa Pope, City Clerk Scott Williams, Finance Director (via remote access) Jim Enriquez, Interim Fire Chief Fredrick Agyin, Director of Health and Environmental Control Michael Earl, Human Resources Director (via remote access) Anthony Miranda, Police Chief (via remote access) Dan Wall, Public Works Director (via remote access) APPROVAL OFTHE AGENDA City Clerk Pope announced that Agenda Item No. I would be defened. MOTION Council Member Davis moved and Council Member Menke seconded a motion to approve the agenda. The question was called and the motion carried unanimously. PUBLIC COMMENT L None. Regular City Council Meeting Minutes Aptil7,2020 PUBLIC HEARINGS General Fee Schedule for Fiscal Year 2020-2021 Recommendation: Continue the public hearing to a date uncertain. Page 2 of l0 I This item was deferred upon approval ofthe agenda PRESENTATIONS Fiscal Year 2020/2021 Budget Study Session Recommendation: No action required by City Council. This is a presentation only City Administrator Fandino and Finance Director Williams presented a PowerPoint regarding the Fiscal Year 2020/2021 Budget Study Session. City Administrator Fandino, Finance Director Williams, and Director of Health and Environmental Control Agyin responded to Council questions. CONSENT CALENDAR The Consent Calendar consisted ofthe following items: I 2. MOTION Council Member Davis moved and Council Member Gonzales seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously. Approval of Minutes Recommendation: Approve meeting minutes for the March 12,2020 Special City Council Meeting and the March 17, 2020 Regular and Special City Council Meetings. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 42, for the period of March 1 through March 21, 2020, which totals $10,664,989.54 and consists of ratification of electronic paymenls totaling $10,061 ,949.14 and ratification of the issuance of early checks totaling $603,040.40. Claims Against the City Recommendation: Receive and file the claim submitted by Geo Plastics in the amount of $ t 0,000. Public Works Monthly Building Report Recommendation: Receive and file the February 2020 Building Report. Second Reading of Ordinance No. 1264 - Development Agreement between tbe City of Vernon and the Southern California Curling Center, Inc. Recommendation: A. Find that the proposed action is exempt under the Califomia Environmental Quality Act ('CEQA) review, because it is a continuing administrative activity that will not result in any direct or indirect physical changes in the environment, 3. 4. 3. 6. 1 Regular City Council Meeting Minutes Apil7,2020 10. 11. Page 3 of 10 and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378, and to the extent the Southem Califomia Curling Center, Inc. seeks to engage in actual physical construction or development, such would be subject to separate and independent CEQA review and analysis; and B. Conduct second reading, and adopt Ordinance No. 1264 approving and authorizing the execution ofa Development Agreement between the City of Vemon and the Southem Califomia Curling Center, Inc for the purpose of facilitating the development of the Southem Califomia Curling Centers' program and facility located at 4545 Pacific Boulevard in the City of Vemon. POST Entry-Level Dispatcher Selection Test Battery Security Agreement with the California Commission on Peace Officer Standards and Training Recommendation: A. Find that the proposed action is exempt under the Califomia 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. Approve and authorize the Director of Human Resources to execute a POST Entry-Level Dispatcher Selection Test Bauery Security Agreement between the City of Vemon and the Califomia Commission on Peace Officer Standards and Training in substantially the same form as submitted. Project Funded by Senate Bill 1: The Road Repair and Accountability Act of2017 Recommendation: A. Find that the proposed action does not constitute a "project" pursuant to sections 15378(b)(2) and (4) ofthe Guidelines to the California Environmental Quality Act ("CEQA"), because it constitutes an administrative activity and govemment funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant impact on the environment; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with CEQA Guidelines Sections 15302, because the proposed project consists of the replacement ofexisting structures and facilities where the new structue will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environmenq and B. Adopt a resolution adopting a project funded by Senate Bill 1: The Road Repair and Accountability Act of2017 for Fiscal Year 202012021. Drug Enforcement Administration Agreement Recommendation: A. Find that the approval of the proposed agreement is exempt from Califomia 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 and authorize the Police Chief to execute an agreement with the Drug Enforcement Administration, for continued participation in the Southwest Border Initiative (SWBI) taskforce with an effective date of April 7 ,2020. Authorized Agents for California Governor's Office of Emergency Services (Cal OES) Public Assistance Grants Recommendation: A. Find that approval of the proposed action is exempt from the California Environmental Quality Act (CEQA), because it is a general policy and procedure making 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 recognizing the State of Califomia Govemor's 9. 8. r Regular City Council Meeting Minutes April7,2020 Page 4 of l0 Office of Emergency Services, Form 130, for designation of authorized agents for non- state agencies. NEW BUSINESS 12.Agreement for Medicare Group Health Coverage Recommendation: A. Find that the proposed action is exempt under the Califomia 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. Approve and authorize the City Administrator to execute the Medicare Advantage Group Agreement between the City of Vemon and Blue Cross of Califomia doing business as Anthem Blue Cross in substantially the same form as submitted, for a total amount of approximately $ I 82,150, for calendar year 2020. Human Resources Director Earl presented the staff report MOTION Mayor Pro Tem Lopez moved and Council Member Davis seconded a motion to: A. Find that the proposed action is exempt under the Califomia 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. Approve and authorize the City Administrator to execute the Medicare Advantage Group Agreement between the City of Vemon and Blue Cross of Califomia doing business as Anthem Blue Cross in substantially the same form as submitted, for a total amount of approximately $ I 82,150, for calendar year 2020. The question was called and the motion carried unanimously. 13.Temporary Emergency Moratorium on Evictions at Commercial Properties Recommendation: A. Find that the proposed action is exempt under the Califomia 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 "projecf'as defined by CEQA Guidelines section 15378; and B. Adopt Emergency Ordinance No. 1267 pursuant to Chapter 4.4 ofthe City Charter, enacting a Temporary Emergency Moratorium on Evictions for renters and owners of commercial properties in the City, and late fee assessments and service shut-offs for rent and utility payments. City Administrator Fandino presented the staff report. City Administrator Fandino and Interim City Attomey Alvarez-Glasman responded to questions. MOTION Council Member Gonzales moved and Council Member Davis seconded a motion to: A. Find that the proposed action is exempt under the Califomia Environmental Quality Act (CEQA) review, because it is a continuing administrative activity that will not result in Regular City Council Meeting Minutes April7,2020 Page 5 of l0 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 Emergency Ordinance No. 1267 prlrsrvtnt to Chapter 4.4 of the City Charter, enacting a Temporary Emergency Moratorium on Evictions for renters and owners of commercial properties in the City, and late fee assessments and service shut-offs for rent and utility payments, amending Section 5.G. to change "residential" to "commercial". The question was called and the motion carried unanimously. 14.Fund Allocation, Eligibility, and Criteria for Vernon CommUNITY Fund Grants Recommendation: A. Find that the action is exempt under the Califomia 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. Introduce and conduct first reading of Ordinance No. 1265 amending Article )O( of Chapter 2, Sections 2.162 and 2.164 through 2.166, of the Vemon Municipal Code to modifu Vemon CommIINITY Fund grant fund allocation, eligibility, and criteria and direct staff to schedule second reading and adoption at the April 21,2020 Council meeting. MOTION Council Member Davis moved and Mayor Pro Tem Lopez seconded a motion to: A. Find that the action is exempt under the 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. Introduce and conduct frrst reading of Ordinance No. 1265 amending Alicle XX ofChapter 2, Sections 2.162 and 2.164 through 2.166, of the Vemon Municipal Code to modi$ Vemon CommllNITY Fund grant fund allocation, eligibility, and criteria and direct staff to schedule second reading and adoption at the April 21,2020 Council meeting. The question was called and the motion carried unanimously. First Responders Housing Priority Recommendation: A. Find that approval ofthe proposed Ordinance is categorically exempt from Califomia Environmental Quality Act (CEQA) review, because it is a continuing administrative activity that will not result in any direct or indirect physical change to the environment, and therefor does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. lntroduce and conduct first reading ofOrdinance No. 1266 amending Chapter 2, Section 2.125 (b) of the Vemon Municipal Code to delete any reference to a "first responders" priority and direct staff to schedule second reading and adoption at the April 21, 2020 Council meeting. Public Works Director Wall presented the staff report Marisa Olguin, Vernon Chamber of Commerce, indicated support for removing the first responder priority. City Administrator Fandino presented the staff report. 15. Regular City Council Meeting Minutes Apfl7,2020 Page 6 of 10 MOTION Mayor Pro Tem Lopez moved and Council Member Gonzales seconded a motion to: A. Find that approval of the proposed Ordinance is categorically exempt from Califomia Environmental Quality Act (CEQA) review, because it is a continuing administrative activity that will not result in any direct or indirect physical change to the environment, and therefor does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Introduce and conduct first reading of Ordinance No. 1266 amending Chapter 2, Section 2.125 (b) of the Vemon Municipal Code to delete any reference to a "first responders" priority and direct staff to schedule second reading and adoption at the April 21,2020 Council meeting. The question was called and the motion carried unanimously. Marisa Olguin, Vemon Chamber of Commerce, indicated the Chamber supported the proposed use of funds. Council Member Menke asked if it was an appropriate use of the Community Fund. Mayor Pro Tem Lopez responded that it was a great way to give back to the community. City Administrator Fandino clarified that funds for the program would be taken from the Community Development Fund. MOTION Council Member Menke moved and Council Member Gonzales seconded a motion to: A. Find that the proposed action is exempt under the 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. Approve the implementation of the City's COVID-l9 Emergency Microloan Program that will offer support to Vemon restaurants with an objective to prevent staff reductions, offset losses related to COVID- 19, and sustain operations through the COVID-19 crisis. The question was called and the motion carried unanimously. Grant Agreement with AItaMed Health Services Corporation for COVID-l9 Screening/Testing Recommendation: A. Find that the proposed action is exempt under the Califomia 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. Approve 17. 16.COVID-I9 Emergency Microloan Program Recommendation: A. Find that the proposed action is exempt under the Califomia 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. Approve the implementation of the City's COVID-19 Emergency Microloan Program that will offer support to Vemon restaurants with an objective to prevent staff reductions, offset losses related to COVID-I9, and sustain operations through the COVID-I9 crisis. City Administrator Fandino presented the staff report. Regular City Council Meeting Minutes Apil7,2020 Page 7 of 10 and authorize the City Administrator to execute a Grant Agreement between the City of Vemon and AltaMed Health Services Corporation (AltaMed) in substantially the same form as submitted, for a total amount of $75,000 to support AltaMed's COVID-19 screening/testing services in the Southeast Los Angeles Area. City Administrator Fandino slated staff would send postcard to residents and inform businesses of the available services. MOTION Mayor Pro Tem Lopez moved and Council Member Menke seconded a motion to: A. Find that the proposed action is exempt under the Califomia 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. Approve and authorize the City Administrator to execute a Grant Agreement between the City of Vemon and AltaMed Health Services Corporation (AltaMed) in substantially the same form as submitted, for a total amount of $75,000 to support AltaMed's COVID-19 screening/testing services in the Southeast Los Angeles Area. The question was called and the motion carried unanimously. 18.Jaw Bone Canyon Property in Kern County Recommendation: Hold a discussion and provide direction to staff. City Administrator Fandino presented a PowerPoint regarding the Jaw Bone Canyon Property in Kem County. City Clerk Pope read written comments submitted by Ron Miller, Executive Secretary, Los Angeles/Orange Counties Building and Construction Trades Council. William Barkett, Chairman of Silverado Company, discussed the company's work with various cities in public-private partnerships; experience with real estate projects; potential of the State overriding Kem County regulations; and their proposed development on the City's Kem County property. Marisa Olguin, Vernon Chamber of Commerce, indicated the Chamber's support of the City's goals for renewable energy and recognized the value of the land and interest to outside groups; expressed surprise that a developer was presenting a proposed project during the pandemic and concem with the rush to do a project; presented articles ofconcem City Administrator Fandino presented the staffreport. Jennie Careon, AltaMed, provided an overview of the services provided and responded to questions. City Administrator Fandino, Public Utilities General Manager Alemu, Consultant Peter Hervish and Finance Director Williams responded to questions regarding bond payments; bond debt; the covenant on the land; opposition by Kem County; and NextERA. r Regular City Council Meeting Minutes April7,2020 Page 8 of 10 In response to Council Member Menke, Mr. Barkeu confirmed the rush due to the April I Califomia ISO application deadline. He provided an overview of the City of Industry litigation, and his firm's involvement with the City of Industry and City of Bell. Council Member Menke requested Mr. Barkett inform the Council of his proposal. Mr. Barkett requested the Council allow them to move forward to study the possibilities ofthe City's Kem County property. Mayor Ybana asked the State's position when the City previously went out to bid. City Administrator Fandino discussed Senate Bills 100 and 350 related to renewable energy and the Cily's current solar energy projects. Council Member Menke stated the project would create a lot ofjobs and confirmed that Mr. Barketl was not requesting money from the City. Mr. Barkett requested an exclusive right (lease) of the land and the opportunity to try to move forward. Mayor Ybarra recommended holding off and bringing back additional information in a month. Council Member Menke suggested moving ahead with a project. Mayor Ybarra stated the City should go out to bid. Mayor Pro Tem Lopez stated it was not responsible to move forward given the current pandemic and economic uncertainty. Council Member Davis stated the City had already spent significant funds on the property. Council Member Menke asked if the City needed to go out to bid. Interim City Attomey Alvarez-Glasman stated it was generally within the discretion of the Council whether or not to go out to bid, therefore, it was not required. Mayor Ybarra requested information on whether the bid requirement was part of the City's reform or its Charter. He indicated he would provide that information to the Council. City Administrator Fandino confirmed that the City's Good Govemance Reform Measures and procedures adopted by the City Council required the City go out to bid for such projects. Public Utilities General Manager Alemu reminded the Council of the purchasing ordinance requirements. on the proposed developer; and indicated opposition to the City moving forward with any project due to the current pandemic and state of the economy. Mayor Ybarra indicated timing was not good as other intemal matters needed to be addressed and stated the City should go out to bid as required under the City's Good Govemance Reform. Regular City Council Meeting Minutes Aptil T,2020 Page 9 of 10 MOTION Mayor Ybana moved and Mayor Pro Tem Lopez seconded a motion to defer action on any project. Council Member Davis discussed the City's past efforts and issues with the properfy. City Administrator Fandino discussed the environmental issues, covenant restrictions, and opposition to projects in the area. He discussed the City's participation in SCPPA and the City's goal to have the lowest electrical rates. He recommended holding offon any project. The question was called and the motion carried 4-1, Council Member Menke dissenting. ORAL REPORTS City Administrator Reports on Activities and other Announcements City Administrator Fandino provided an update on COVID-19 actions. City Council Reports on Activities, Announcements, or Directives to Staff Mayor Ybarra requested information on residential housing evictions. RECESS Mayor Ybarra recessed the meeting at 12:03 p.m. The meeting reconvened at 12:21 p.m. and the Council recessed to Closed Session. CLOSED SESSION 19.CONFERENCE WITH LEGAL COT]NSEL - EXISTING LITIGATION Government Code Section 54956.9(dX1) Signal Hill v. Central Basin Municipal Water District, et al. Los Angeles Superior Court Case No. 19STCP03882 20.PUBLIC EMPLOYEE PERFORMANCE EVALUATION Govemment Code Section 54957(bX1) Title: City Administrator RECONVENE At 12:35 p.m., Mayor Ybarra adjoumed Closed Session and reconvened the regular meeting. Regular City Council Meeting Minutes Apil7,2020 Page l0 of l0 CLOSED SESSION REPORT Interim City Attomey Alvarez-Glasman reported that the Council met in Closed Session and discussed both items listed on the agenda. With regard to Item 19, the Council directed staff to not participate in the Brown Act litigation. Additionally, the Council discussed Item 20 and no reportable action was taken. ADJOURNMENT Mayor Ybana adjoumed the meeting at 12:36 p.m. dL- SAYBARRA, ATTEST: LISA POPE, City CI (seal) r