20200901 City Council MinutesMINUTES
VERNON CITY COUNCIL
REGULAR MEETING
TUESDAY, SEPTEMBER 1, 2020
COUNCIL CHAMBER, 4305 SANTA FE AVENUE
CALL TO ORDER
Mayor Lopez called the meeting to order at 9:00 a.m.
FLAG SALUTE
Mayor Lopez led the Flag Salute.
ROLL CALL
PRESENT: Leticia Lopez, Mayor (via remote access)
Melissa Ybarra, Mayor Pro Tern
William Davis, Council Member
Carol Menke, Council Member
Diana Gonzales, Council Member
STAFF PRESENT:
Carlos Fandino, City Administrator
Arnold Alvarez-Glasman, Interim City Attorney
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 Miranda, Police Chief
Dan Wall, Public Works Director
APPROVAL OF THE AGENDA
MOTION
Council Member Menke moved and Council Member Davis seconded a motion to approve
the agenda. The question was called and the motion carried unanimously.
PUBLIC COMMENT
Marisa Olguin, Vernon Chamber of Commerce, discussed the Southern California News
Group article regarding the Los Angeles District Attorney's Office investigation and raids
on developer Bill Barkett and Frank Hill, the same consultants approaching the City on its
Kern County property. She expressed concern over the City's leadership and its deliberate
intent to push forward a deal shrugging the competitive bidding process. She reminded the
I -
Regular City Council Meeting Minutes
September 1, 2020
Page 2 of 7
Council that it was critical to follow the reforms, spirit of good governance policies, and
make the right decisions moving forward.
Susie Ybarra thanked the Council for providing personal computers to the students in the
community.
City Clerk Pope a read letter from Jamie Lopez requesting the Council's views on Black
Lives Matter.
PUBLIC HEARING
1. Amendment to Municipal Code Chapter 26 - Zoning Map
Recommendation: A. Find that the proposed action is exempt under the California
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 "project" 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. Introduce and conduct first 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 2332/2334 E. Vernon Avenue in the Housing Overlay Zone, and direct staff to
schedule second reading and adoption for the September 15, 2020 City Council meeting.
Mayor Pro Tern Ybarra recused herself due to personal interest in the property and left the
dais.
Public Works Director Wall presented the staff report.
Mayor Lopez opened the Public Hearing.
Susie Ybarra discussed the residential properties in 2015; her family's history in Vernon;
zoning on her property; 2015 land use decisions; residential use; RHNA numbers and
General Plan Housing Element; and City's housing stock.
Marisa Olguin, Chamber of Commerce, discussed the intent of the General Plan to preserve
existing housing and indicated support for correcting the error.
Mayor Lopez closed the Public Hearing.
MOTION
Council Member Davis moved and Mayor Lopez seconded a motion to: A. Find that the
proposed action is exempt under the California 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
"project" 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. Introduce and
Regular City Council Meeting Minutes
September 1, 2020
Page 3 of 7
conduct first 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 2332/2334 E. Vernon
Avenue in the Housing Overlay Zone, and direct staff to schedule second reading and
adoption for the September 15, 2020 City Council meeting. The question was called and
the motion failed 2-2, Council Member Menke and Council Member Gonzales dissenting.
Mayor Pro Tern Ybarra returned to the dais.
CONSENT CALENDAR
MOTION
Council Member Davis moved and Council Member Menke seconded a motion to approve
the Consent Calendar. The question was called and the motion carried 3-0, Mayor Pro Tern
Ybarra and Council Member Gonzales abstaining.
The Consent Calendar consisted of the following items:
2. Approval of Minutes
Recommendation: Approve the August 4, 2020 Regular City Council Minutes.
3. Claims Against the City
Recommendation: Receive and file the claims submitted by: 1) Leydi Sanchez in the
amount of $3,361.84; and 2) Edwin Silveira in the minimum amount of $3,925.93.
4. City Payroll Warrant Register
Recommendation: Approve City Payroll Warrant Register No. 770, for the period of July
1 through July 31, 2020, which totals $4,258,150.66 and consists of ratification of direct
deposits, checks and taxes totaling $2,996,148.77 and ratification of checks and electronic
fund transfers (EFT) for payroll related disbursements totaling $1,262,001.89 paid through
operating bank account.
5. Operating Account Warrant Register
Recommendation: Approve Operating Account Warrant Register No. 51, for the period of
July 19 through August 15, 2020, which totals $10,223,414.19 and consists of ratification
of electronic payments totaling $9,796,376.07 and ratification of the issuance of early
checks totaling $427,038.12.
6. Fire Department Activity Report
Recommendation: Receive and file the June 2020 Report.
7. Police Department Activity Report
Recommendation: Receive and file the June 2020 Report.
8. Public Works Monthly Building Report
Recommendation: Receive and file the July 2020 Building Report.
9. Fiscal Year 2019/2020 Vernon CommUNITY Fund Grant Committee Activity
Report
Recommendation: Receive and file the report, as it is being provided for informational
purposes only.
10. Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant
Agreement
Recommendation: Approve and authorize the City Administrator, Police Chief, and Police
Sergeant to execute an agreement between the City of Vernon and the Office of Traffic
Regular City Council Meeting Minutes
September 1, 2020
Page 4 of 7
Safety, in substantially the same form as submitted for a one (1) year term, for participation
in the Selective Traffic Enforcement Program (STEP) with an effective date of October 1,
2020.
11. Managed Print Services Agreement with MRC Smart Technology Solutions and
Xerox
Recommendation: A. Approve and authorize the City Administrator to execute a Services
Agreement with MRC Smart Technology Solutions, in substantially the same form as
submitted, for a three-year term in an amount not -to -exceed $206,360 ($68,786.82 per
year) for Managed Print Services (MPS) with an effective date of September 20, 2020; and
B. Approve and authorize the City Administrator to execute a related Lease Agreement
with Xerox, in substantially the same form as submitted, for a three-year term in an amount
not -to -exceed $83,640 ($27,879.84 per year) for MPS with an effective date of September
20, 2020.
NEW BUSINESS
12. Memorandum of Understanding with the University of Southern California (USC)
for Corona Virus-19 (COVID-19) Vaccine Trial
Recommendation: Approve the Memorandum of Understanding between the City of
Vernon and USC, in substantially the same form as submitted, for COVID-19 vaccine trial.
Health and Environmental Control Director Agyin presented the staff report.
Public Works Director Wall explained the proposed location of the testing facility.
Michael Dube, USC, provided a PowerPoint outlining the vaccine trial.
In response to Council questions, Dr. Dube discussed expressed interest in the study and
timing for the study. Public Works Director Wall discussed efforts for safety and reduced
liability. City Administrator Fandino and Mayor Pro Tem Ybarra suggested alternative
public access.
MOTION
Mayor Pro Tem Ybarra moved and Council Member Menke seconded a motion to approve
the Memorandum of Understanding between the City of Vernon and USC, in substantially
the same form as submitted, for COVID-19 vaccine trial. The question was called and the
motion carried unanimously.
13. Contract for Fire Station Remodeling Required for Transition to the Consolidated
Fire Protection District of Los Angeles County (LA County Fire)
Recommendation: A. Find that approval of the proposed action is categorically exempt
from California Environmental Quality Act (CEQA) review, in accordance with CEQA
Guidelines Sections 15301 - 15332 for Class 1: Existing Facilities; B. Accept the bid from
Fasone Construction, Inc.; C. Approve and authorize the City Administrator to execute a
contract with Fasone, Construction Inc. in substantially the same form as submitted, in an
amount not to exceed $547,034.72 for the required remodeling of Fire Station 76; and D.
Authorize a contingency amount of $25,000 in the event of an unexpected changed
Regular City Council Meeting Minutes
September 1, 2020
Page 5 of 7
condition in the project and grant authority to the City Administrator to issue Change
Orders for an amount up to the contingency amount, if necessary.
Public Works Director Wall presented the staff report.
In response to Council questions, Public Works Director Wall explained the process for
the agreement between the City and LA County Fire Management, and the use of Fasone
Construction to ensure County approval. City Administrator Fandino discussed the use of
IN- Station 76 and City Hall offices, and transition of Search and Rescue and Hazmat into the
City. Fire Chief Enriquez explained the use of Station 77 for Hazmat operation personnel
and clarified that Station 79 would remain vacant.
MOTION
Mayor Pro Tern Ybarra moved and Council Member Gonzales seconded a motion to: A.
Find that approval of the proposed action is categorically exempt from California
Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines
Sections 15301 - 15332 for Class 1: Existing Facilities; B. Accept the bid from Fasone
Construction, Inc.; C. Approve and authorize the City Administrator to execute a contract
with Fasone, Construction Inc. in substantially the same form as submitted, in an amount
not to exceed $547,034.72 for the required remodeling of Fire Station 76; and D. Authorize
a contingency amount of $25,000 in the event of an unexpected changed condition in the
project and grant authority to the City Administrator to issue Change Orders for an amount
up to the contingency amount, if necessary. 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 activity; the Fire
Department End of Watch Badge Presentation on September 29, 2020; recent housing
lottery; and VPU incidents.
Health and Environmental Control Director Agyin provided an update on COVID-19
mitigation efforts.
Mayor Pro Tern Ybarra requested City Administrator review grant funds to assist with
COVID-19 testing.
City Administrator Fandino discussed the successful Back to School event on August 24,
2020; upcoming resident newsletter; Housing Commission meeting on September 9, 2020;
Census Chalk-a-thon on September 7, 2020; and Family Game Nights September 1 to
September 17, 2020. He indicated the warrant registers were available and iPads would be
provided for each Councilmember. He announced Bob Gutterman's, Crown Poly,
retirement and indicated a proclamation would be prepared for presentation at an upcoming
meeting.
L
Regular City Council Meeting Minutes
September 1, 2020
Page 6 of 7
City Council Reports on Activities (including AB1234), Announcements, or Directives to
Staff.
None.
RECESS
Mayor Lopez recessed the meeting to Closed Session at 10:32 a.m.
CLOSED SESSION
14. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
A. Bicent (California) Malburg LLC et al. v. City of Vernon et al.,
Los Angeles Superior Court Case No. 19STCV08859 and JAMS Reference No.
1100107175
B. City of Vernon v. Bicent (California) Malburg LLC
Los Angeles Superior Court Case No. 19STCP02411 and JAMS Reference No.
1220062657
C. Christina Sanchez, et al. v. City of Vernon, et al.
Los Angeles Superior Court Case No. 19STCV38779
15. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant Exposure to Litigation
Government Code Section 54956.9(d)(2)
Number of potential cases: 1
Facts and Circumstances: Pursuant to Government Code Section 54956.9(e)(3), the City
has received written communication threatening litigation on behalf of former employee
Jerrick Torres related to his termination, in the form of a Complaint of Discrimination filed
with the Department of Fair Employment and Housing (DFEH). The DFEH Complaint
(DFEH No. 201910-08099730) is made available for public inspection pursuant to Section
54957.5.
16. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(4)
Consideration of initiation of litigation — One matter
RECONVENE
At 11:43 a.m., Mayor Lopez adjourned Closed Session and reconvened the regular
meeting.
CLOSED SESSION REPORT
Interim City Attorney Alvarez-Glasman reported that the Council, with all five members
being present, met in Closed Session, discussed all items on the agenda, and took no
reportable action.
Regular City Council Meeting Minutes
September 1, 2020
ADJOURNMENT
Mayor Lopez adjourned the meeting at 11:44 a.m.
TICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
Page 7 of 7