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.
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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
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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.
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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
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Jrrly2l,2020
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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: