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20200721 City Council MinutesMINUTES VERNON CITY COUNCIL REGI'LARMEETING TUESDAY, rULY 21,2020 COUNCIL CIIAMBER,4305 SAI\ITA r.E AVENTJE CALL TO ORDER Mayor Lopez called the meeting to order at 9:01 a.m. FLAG SALUTE Mayor Lopez led the Flag Salute. ROLL CALL PRESENT: STAFF PRESENT: Carlos Fandino, City Administrator Amold Alvarez-Glasman, Interim City Attomey Lisa Pope, City Clerk Scott Williams, Finance Director Jim Enriquez, Interim Fire Chief Abraham Alemu, Public Utilities General Manager Fredrick Agyin, Health and Environmental Control Director Michael Earl, Human Resources Director Anthony Mirand4 Police Chief Dan Wall, Public Works Director APPROVAL OFTHE AGENDA 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 None. Leticia Lopez, Mayor (via remote access) Melissa Ybarra, Mayor Pro Tem William Davis, Council Member Carol Menke, Council Member Diana Gonzales, Council Member Regular City Council Meeting Minutes Ju,ly21,2020 PRESENTATIONS Employee Service Pin Awards for April and May 2020 Recommendation: No action required by the City Council. This is a presentation only. Human Resources Director Earl acknowledged recipients of the Employee Service Pin Awards for April and May 2020 including: Carlos G. Ourique, Jason E. Lusca, Jose L. Zetmefio, Marisela Martinez. PUBLIC HEARINGS Amendment to Municipal Code Chapter 26 - Znniag Map (Continued from July 7, 2020) 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, and therefore does not constitute a'lroject" as defined by CEQA Guidelines Section 15378, and to the extent the property owner seeks to engage in actual physical construction or development, such would be subject to separate and independent CEQA review and. analysis; and B. lntroduce and conduct fust reading of Ordinance No. 1270 amending the Zoning Map in Chapter 26 of the Municipal Code to include the properties located at 2328, and at 233212334 E. Vemon Avenue in the Housing Overlay Zote, and direct staff to schedule second reading and adoption for the August 4, 2020 City Council meeting. Mayor Pro Tem Ybarra recused herselfdue to property ownership interest and left the dais. Public Works Director Wall presented the staff report. ln response to Council questions, Public Works Director Wall provided the dimensions of the lots; explained the City's Regional Housing Needs Allocation (RHNA); and issues with mortgages on Industrial Use property. Council Member Menke referenced the General Plan and Municipal Code sections related to the Housing Oveiay Zone and indicated opposition to the proposed amendment' MOTION Cormcil Member Menke moved and Council Member Gonzales seconded a motion to rej ect the staff recommendation. Interim City Attorney Alvarez-Glasman stated the discretion rested with the Council and he explained the Housing Ovalay Znrc. Council Member Menke stated the overlay was created to build the aparunents and the existing residential properties were legal, non-conforming. ) I Page 2 of 7 Page 3 of 7 In response to Mayor Lopez, Public Works Director Wall and City Administrator Fandino stated the property had always been zoned Industrial and the City did not have a Residential Zone. Interim City Attomey Alvarez-Glasman suggested referring the matter to staff in an effort to present a different approach in the evaluation of the issue. SUBSTITUTE MOTION Mayor Lopez moved and Council Member Davis seconded a motion to refer the mattel to staff. The question was called and the motion failed 2-2, Council Members Gonzales and Menke dissenting and Mayor Pro Tem Ybarra absent. The question on the initial motion was called and the motion faile d 2-2, Mayor l-opez all.d Council Member Davis dissenting and Mayor Pro Tem Ybarra absent. Mayor Pro Tem Ybarra moved and Council Member Menke seconded a motion to approve the Consent Calendar, with the minutes amended. The question was called and the motion carried unanimously. The Consent Calendar consisted of the following items: Regular City Council Meeting Minutes \tly 21,2020 Mayor Pro Tem Ybarra retumed to the dais. CONSENTCALENDAR Mayor Pro Tem Ybarra pointed out a correction to the minutes. MOTION 3. Approval of Minutes Recommendation: Approve the July 7,2020 Regular City Council meeting minutes' 4. Claims Against the City Recommendation: Receive and file the claim submitted by Mercury Insurance on behalf of Andrew Perkins in the amount of 92,440.90. 5. Operating Account Warrant Register Ricommendation: Approve Operating Account Warrant Register No. 49, for the period of June 2l through J,tly 4,2020, which totals $4,413,206.16 and consists of ratification of electronic payments totaling $4,319,898.63 and ratification ofthe issuance of early checks totaling $93,307.53. 6, City Payroll Warrant Register Recommendation: Approve city Payroll warrant Register No. 769, for the period of June I through June 30,2020, which totals $3,061,746.42 aIld consists of ratificatiotr of direct depositi, checks and taxes totaling $2,014,145.32 and ratification of checks and electronic fund transfers @FT) for payroll related disbursements totaling S 1,047,601 . l0 paid through operating bank account. 7. Fire Department Activity Report Recommendation: Receive and file the May 2020 Report. Regular City Council Meeting Minutes htly 21,2020 10. 11. 12. 13. 14. 15. NEW BUSINESS Page 4 of7 8 9 Police Department Activity Report Recommendation: Receive and file the May 2020 Report. Warehouse Special Parcel Tax Rate Adjustment for Fiscal Yetr 2020-21 Recommendation: A) Adopt Resolution No. 2020-25 determining the Warehouse Special Parcel Tax levied pursuant to Section 5.45 of the Municipal Code for Fiscal Year 2020- 2021; and B) Approve and authorize the Finance Director to execute atr Agreement for Billing of Direct Assessments (Warehouse Special Parcel Tax) with the Los Angeles county Auditor-controller's office for the collection and distribution of the warehouse Special Parcel Tax for Fiscal Ye ar 2020-21 . Public Safety Special Parcel Tax Rate Adjustment for Fiscal Year 2020-21 Recommendation: A) Adopt Resolution No. 2020-26 determining the Public Safety Special Parcel Tax levied pursuant to Section 5.46 of the Municipal Code for Fiscal Year 2020-2021: and B) Approve and authorize the Finance Director to execute an Agreement for Billing of Direct Assessments (Public safety Parcel Tax) with the Los Angeles county Auditor-Controller's Office for the collection and distribution of the Public Safety Parcel Tax for Fiscal Yeat 2020-21. Services Agreement with NeoGov Recommendation: Approve and authorize the City Administrator to execute the NeoGov Service Agreement for software modules, in an amount not-to-exceed $90,946.69 for a three-year term, effective ldy 2,2020. Services Agreement with Jemmott Rollins Group, Itrc. Recommendation: Approve and authorize the City Adminisfator to execute a Services Agreement with Jemmott Rollins Group, Inc. for administrative management of Vemon CommIINITY Fund Grant Committee activities in an amount not-to-exceed $320,025, for a three-year term, effective August 1, 2020. update on Temporary Emergency Moratorium on Evictions at Residential Properties Ricommendation: Receive and file the update on Emergency Ordinance No' 1268' Services Agreement with Athens Administrators for worker's compensation Third Party Ctaims Administrstion Recommendation: Approve and authorize the city Administrator to execute the proposed worker,s compensation Third Party claims Administration services Agreement with Athens Administrators in an amount not to exceed'Z27,0l4, for a three-year term. Report on Emergency Purchases Secured by the City Administrator Recommendation: A. ieceive and file this report as it is being provided for informational purposes only; and B. With regard to the Washington Underpass Sumq nyp nel.1u- !14 ihai the action is categoricaly -xempt from Califomia Environmental Quality Act (CEQA) review, in accordance wittr igQe Guidelines $ 15301, because the project consisted of the repair of an existing facility and equipment with negligible or no expansion ofan existing use. 16.Commission and Commlttee Appointmetrts Recommendation: A. Appoint Buiiness and Industry Commissioners to fill the following vacancies: a. one Businisi Representative; b. two Real Estate Representatives; and c_' one Council Member; B. Appoint CommUNTIY Fund Grant Committee Members to fill the following vacan"i.r, u. on" Business Representative; b. one vemon Area Representative; Regular City Council Meeting Minutes July21,2020 Page 5 of 7 and c. continued appointment of Mark Gonzales as the Legislative Representative; C. Ratiff the Mayor's selection for appohtments of the following Green Vemon Commission seats: a, one Business Representative; b. two Environmental Representatives; and c. two Labor Representatives; and D. Ratiff the Mayor's selection for appointrrent of the following Housing Commission seat: a. one Employee of a Vemon Business. MOTION Mayor Lopez moved and Council Member Menke seconded a motion to appoint Douglas Williams as the Business Representative to the Business and Industry Commission. The question was called and the motion carried unanimously. MOTION Council Member Menke moved and Mayor Pro Tem Ybarra seconded a motion to appoint Jack R. Cline, Jr. as the Real Estate Representative to the Business and Industry Commission for the term ending Jtne 2024. The question was called and the motion carried unanimously. MOTION Council Member Menke moved and Mayor Pro Tem Ybarra seconded a motion to appoht Thomas A. Condon as the Real Estate Representative to the Business and Industry Commission for the term ending June 2022. The question was called and the motion carried unanimously. MOTION Mayor Lopez moved and Council Member Gonzales seconded a motion to appoint Council Member Davis as the Council Member Representative to the Business and Industry Commission. The question was called and the motion carried unanimously. MOTION Mayor Lopez moved and Council Member Davis seconded a motion to appoint James Chang as the Business Representative to the Vemon CommUNITY Fund Grant Committee. The question was called and the motion carried unanimously. MOTION Mayor Lopez moved and Mayor Pro Tem Ybarra seconded a motion to appoint Judith Merlo as the Vernon Area Representative to the Vernon CommUMTY Fund Grant Commiuee. The question was called and the motion carried unanimously. MOTION Mayor Pro Tem Ybarra moved and Council Member Gorzales seconded a motion to ratiff the Mayor's selectiotr of Hector Morfin as the Business Representative, Daniel Alley (temr MOTION Council Member Menke moved and Council Member Davis seconded a motion to ratiff the continued appointment of Mark Gonzalez as the Legislative Representative to the Vernon CommUNTfY Fund Grant Committee. The question was called and the motion carried unanimously. r Regular City Council Meeting Minutes July2l,2020 Page 6 of1 ending June 2024) ail Catherine Brown (term ending June 2022) as the Environmental Representatives, and Martin F. Perez as the Labor Representative to the Green Vernon Commission. The question was called and the motion carried unanimously. MOTION Mayor Pro Tem Ybarra moved and Council Member Davis seconded a motion to ratifu the Mayor's selection of Steve Hermon as the Vemon Business Employee Representative to the Housing Commission. The question was called and the motion carried unanimously ORAL REPORTS City Administrator Reports on Activities and other Announcements. City Administrator Fandino provided an update on recent Police, Fire, and Public Utility incidents. City Council Reports on Activities (including ABl234), Announcements, or Directives to Staff. 17.CONFERENCE WITE LEGAL COT NSEL - EXSTING LITIGATION (four cases) Govenrment Code Section 54956.9(dxl ) A. Mayra limenez v. City of Vernon, et al, Los Angeles Superior Court Case No. BC717856 B. Verizon Wireless in State of Califomia, et al., v. Verizon Wireless, et al., Sacramento County Superior Court Case No. 34-2012-00127517 C. Bicent (Califomia) Malburg LLC et al. v. City of Vemon et a1., Los Angeles Superior Court Case No. I9STCV08859 and JAMS Reference No. I100107175 D. City of Vemon v. Bicent (Califomia) Malburg LLC Los Angeles Superior Court Case No. l9STCP0241l and JAMS Reference No. t220062657 CONFERENCE WITH LEGAL COTJNSEL _AI{TICIPATED LITIGATION Govemment Code Section 54956.9(dX4) Consideration of initiation of litigation - One matter 18. Health and Environmental Control Director Agyin discussed University of Southem Califomia COVID-l9 vaccine trial. None. RECESS Mayor Lopez recessed the meeting to Closed Session at 10:08 a.m. CLOSED SESSION Regular City Council Meeting Minutes Jrrly2l,2020 Page7 of7 RECONVENE At I 1: t I a.m., Mayor Lopez adjoumed Closed Session and reconvened the regular meeting. CLOSED SESSION REPORT Interim City Attomey Alvarez-Glasman reported that the Council, with all five members being present, met in Closed Session, discussed all items on the agenda. The Interim City Attorney reported that the Council provided direction to settle the cases identified as Items 17.A. and 17.B. consistent with the terms expressed to the City Council in Closed Session and authorized the City Administrator to execute settlement agreements for Items 17.A. and 17.B. Interim City Attorney Alvarez-Glasman also reported that the Council authorized an amendment to the City's retainer agreement with Morgan, Lewis & Bockius for the Bicent matters (Items 17.C. and 17.D) and authorized the City Administrator to execute the amendment. ADJOURNMENT Mayor Lopez adjourned the meeting at 1 l:12 a.m. LISA POPE, City (seal) LETICIA LOPEZ, Mayor ATTEST: