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20201006 Ciy Council MinutesMINUTES VERNON CITY COUNCIL REGULARMEETING TUESDAY, OCTOBER 6, 2020 COUNCIL CHAMBER,4305 SANTA FE AVENUE CALL TO ORDER ! Mayor Lopez called the meeting to order at 9:08 a.m. FLAG SALUTE Mayor Lopez announced that given the meeting followed the Board of Library Trustees meeting, there is no need to conduct the flag salute. ROLL CALL PRESENT:Leticia Lopez, Mayor (via remote access) Melissa Ybarra Mayor Pro Tem William Davis, Council Member Carol Menke, Council Member Diana Gonzales, Council Member 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 Miranda, Police Chief Dan Wall, Public Works Director Andrew C. Smith, Firefighter/Paramedic Dean A. Richens, Fire CaPtain APPROVAL OF THE AGENDA MOTION Mayor Pro Tem Ybarra 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, chamber of commerce, commended Robert Gutterman on his service to the City and wished him well on his retirement. I Regular City Council Meeting Minutes October 6, 2020 Page 2 of 7 PRESENTATIONS Human Resources Director Earl acknowledged retiring employee Andrew C. smith, Firefi ghter/Paramedic and presented the proclamation. Recognition of Retiring Employee - Dean A. Richens, Fire Captain Recommendation: Acknowledge and present a proclamation to retiring employee Dean A. Richens, Fire Captain, in recognition of his dedicated service to the City of Vemon. Human Resources Director Earl acknowledged retiring employee Dean A. Richens, Fire Captain and presented the proclamation. 1 Recognition of Robert Gutterman - Vice President of Finance for Crown Poly, Inc. Recommendation: Acknowledge and present a proclamation to Robert Gutterman, retired Vice President of Finance for Vernon business Crown Poly, Inc., in recognition of his leadership of the business community in the City of Vemon. City Clerk Pope read the proclamation and Mayor Pro Tem Ybarra presented the proclamation to Robert Gutterman - Vice President ofFinance for Crown Poly, Inc. Recognition of Retiring Employee - Andrew C. Smith, Firefighter/Paramedic Recommendation: Acknowledge and present a proclamation to retiring employee Andrew C. Smith, Firefighter/Paramedic, in recognition of his dedicated service to the City of Vemon. J. PUBLIC HEARINGS 4. Resolution of Necessity - Acquisition of Property for Right of way 5122 S. Atlantic Boulevard 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 "project" as defined by CEQA Guidelines Section 15378; and B. Adopt Resolution No. 2020-31 finding and determining that the public interest and necessity require the acquisition by eminent domain of interests in certain real property for public use and authorizing and directing condemnation of portions of Assissor's parcel No. 6314-003-001 for the Atlantic Boulevard Bridge of Los Angeles River Project. Public Works Director Wall presented the staff report. Mayor Lopez opened the Public Hearing. There being no speakers, Mayor Lopez closed the Public Hearing. Regular City Council Meeting Minutes October 6,2020 Page 3 of 7 MOTION Council Member Menke moved and Council Member Gonzales 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 any 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 Resolution No. 2020-31 finding and determining that the public interest and necessity require the acquisition by eminent domain of interests in certain real property for public use and authorizing and directing condemnation ofportions of Assessor's Parcel No. 63 l4-003-001 for the Atlantic Boulevard Bridge of Los Angeles River Project. The question was called and the motion carried unanimously. CONSENT CALENDAR MOTION Mayor Pro Tem Ybarra moved and Council Member Davis seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously. The Consent Calendar consisted of the following items: Approval of Minutes Recommendation: Approve the September minutes. 15,2020 Regular City Council meeting 5 6 7 8 9 Operating Account Warrant Register Ricomme-ndation: Approve Operating Account Warrant Register No. 53, for the period of August 30 through -Slptemb er 19,2020, which totals $10,624,670.01 and consists of ratification of eleitronic payments totalin g$10,351,172.28 and ratification of the issuance of early checks totalirg $273,497.73. Public Works Department Monthly Building Report Recommendation: Receive and file the August 2020 Building Report' CalRecycle Grant Funding for Fiscal Year 2020-2021 Recommendation: Receive and file update on award of grant. Replacement of Police Patrol Vehicle Recommendation: Approve and authorize the issuance ofa purchase order to Folsom Lake Ford for a 2021 Police Interceptor patrol vehicle through the state of califomia vehicle Purchase Contract (1-18-23-148) for a total cost not to exceed $53,000' change order No. 1l to the consulting Services Agreement (cs-0099) with cNS Enginiers, Inc. for the Atlantic Boulevard Bridge Rehabilitation and Widening Project Recimmendation: A. Find that approval ofthe proposed change order is within the Initial StudyAvlitigated Negative Declaration prepared for the project pursrumt to the provisioll-s unaei tne Califomia Environmental Quality Act (CEQA) in accordance with Section 15063 of the CEQA Guidelines; and B. Approve and authorize the City Administrator to execute Agreemeni Change Order No. 11, in substantially the same form as submitted, for the eilantic Boulevard Bridge Rehabilitation and widening Project, Federal Project No. DBPL02-5 I 39(010), cs-0099, extending the project schedule from December 31,2020 to December 31, 2o2l and authorizing cNS Engineers, Inc. to provide the additional 10. Regular City Council Meeting Minutes October 6, 2020 ll. Page 4 of 7 engineering design and coordination services as described below for the additional cost of $113,865.10, increasing the total agreement cost to $2,014,340.45. Little Free Library Project Recommendation: Approve the Little Free Library project and allocate $4,000 from Community Development Account No. 011 .1070.797000 for the project. NEW BUSINESS 12.Services Agreement with Arroyo Group for Preparation of Mixed-Use Specific Plan and Program Environmental Impact Report (EIR) Preparation (West-Side Project) 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 GEQA Guidelines section 15378. As indicated in the Staff Report, one of the outcomes of the proposed action is to develop a Program Environmental Impact Report (PEIR) for potential project(s), and any required environmental impact analysis wilt be conducted at the appropriate project phase; and B. Approve and authorize the City Administrator to execute the agreement between the City of Vemon and the Anoyo Group for the preparation of the Mixed-Use Specific Plan and Program EIR and the preparation of the General Plan and Housing Element Updates for a total not-to-exceed amount of $545,890' Public Works Director Wall presented the staff report MOTION r3. Mayor Pro Tem Ybarra 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 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 I 5378. As indicated in the Staff Report, one ofthe outcomes ofthe proposed action is to develop a Program Environmental Impact Report (PEIR) for potential project(s), and any required environmental impact analysis will be conducted at the appropriate project phase; and B. Approve and authorize the City Administrator to execute the agreement between the City of Vemon and the Arroyo Group for the preparation of the Mixed-Use Specific Plan and Program EIR and the preparation of the General Plan and Housing Element Updates for a total not-to-exceed amount of $545,890. The question was called and the motion carried unanimously. services Agreement with A.M. ortega construction, Inc. for Natural Gas Project Design - Construction and Repair Services Recommendation: A. Find that approval of the proposed action is exempt from Califomia Environmental Quality Act (CEQA) review because it is an administrative and fiscal activity that will not rlsult in direct or indirect physical changes in the environmenq-and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378; and even if the proposed action constituted a "project" under GEQA, the project would be categorically exempt in accordance with CEQA Guidelines Section 15301, because the project coniists of the maintenance, repair or minor alteration of existing facilities and Regular City Council Meeting Minutes October 6, 2020 Page 5 of7 involves negligible or no expansion ofan existing use; and B. Approve and authorize the City Administrator to execute a Services Agreement with A.M. Ortega Construction, Inc., a Califomia corporation, for Natural Gas Project Design - Construction & Repair Services, in substantially the same form as submitted, for an amount not to exceed $990,000 over a three-year term, with an effective date ofOctober 6,2020. Public Utilities General Manager Alemu presented the staff report. In response Council questions, Public Utilities General Manager Alemu explained the current services provided by CNS Engineers, Inc. and the proposed cost. MOTION Mayor Pro Tem Ybarra moved and Council Member Davis seconded a motion to: A. Find that approval ofthe proposed action is exempt from California Environmental Quality Act (CEQA) review because it is an administrative and 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 Guidelines Section 15378; and even if the proposed action constituted a "project" under CEQA, the project would be categorically exempt in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration ofexisting facilities and involves negligible or no expansion of an exisling use; and B. Approve and authorize the City Administrator to execute a Services Agreement with A.M. Ortega Construction, Ilc., a Califomia corporation, for Natural Gas Project Design - Construction & Repair Services, in substantialty the same form as submitted, for an amount not to exceed 5990,000 over a three-year term, with an effective date ofOctober 6, 2020.The question was called and the motion carried unanimously. l{.Amendments to the Classification and Compensation Plan Recommendation: 1) Approve the revised job descriptions for the positions of Buyer, Assistant Buyer, and Risk Management Assistant and new job descriptions for the positions ofFinance Specialist, and Finance Specialist, Senior; and 2) Adopt Resolution No. 2020-32 amending Exhibit C of the Classification and Compensation Plan, adopted by Resolution N o. 2020-19 to add new and amended classifications and associated salary ranges. Human Resources Director Earl presented the staff report. In response Council questions, Human Resowces Director Earl explained that most cases were reallocation ofpositions and no new staff was being added' MOTION Council Member Menke moved and Mayor Pro Tem Ybarra seconded a motion to approve the revised job descriptions for the positions of Buyer, Assistant Buyer, and fusk Management Assistant and new job descriptions for the positions of Finance Specialist, and Finance Specialist, Senior and adopt Resolution No. 2020-32 amending Exhibit C of the Classification and Compensation Plan, adopted by Resolution No. 2020'19 to add new Regular City Council Meeting Minutes October 6, 2020 Page 6 of 7 and amended classifications and associated salary ranges. The question was called and the motion carried unanimously. 15.Conflict of Interest Code (Statement of Economic Interests) Recommendation: Adopt Resolution No. 2020-33 establishing a conflict of interest code for all agencies, boards, commission, committees, designated city personnel and officials, and repealing Resolution No. 2018-40. City Clerk Pope presented the staffreport. MOTION Council Member Davis and Council Member Menke seconded a motion to adopt Resolution No. 2020-33 establishing a conflict of interest code for all agencies, boards, commission, committees, designated city personnel and officials, and repealing Resolution No. 2018-40. The question was catled 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 Vemon Public Utilities activities. He stated Code Enforcement efforts would resume. He provided an overview ofthe financial audit and Exide site cleanup. He invited the Council tojudge the Halloween festivities on October 29h and to participate in the Family Game Night raffle following the council meeting. He encouraged the council to provide feedback on the Metro Link Union Station project adjustments to BNSF's Malabar yard train storage. City Clerk Pope announced the Special City Council meeting on October 13,2020 at 9:00 a.m. City Council Reports on Activities (including ABl234), Announcements, or Directives to Staff. None. RECESS Mayor Lopez recessed the meeting to Closed Session at 10:04 a.m. I l l 16. Regular City Council Meeting Minutes October 6, 2020 PageT of7 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL. ANTICIPATED LITIGATION Significant exposure to litigation Govemment Code Section 549 56.9(d)(2) Number of potential cases: 27 Facts and Circumstances: The facts and circumstances that might result in litigation need not be disclosed Pursuant to Govemment Code Section 54956.9(e)(1). 17.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Govemment Code Section 54956.9(dXl ) Marco Garcia-Martinez vs. City of Vemon, et al. Los Angeles Superior Court Case No. 8C689446 18.CONFERENCE WITH REAL PROPERTY NEGOTIATORS Govemment Code Section 54956.8 Assessor's Parcel Numbers: 63 I 4-033-003 and 63 I 4-033-005 Agency negotiator: Carlos Fandino, City Administrator Negotiating parties: Magellan Atlantic I, LLC Under negotiation: Price and Terms of Payment RECONVENE At 10:42 a.m., Mayor Lopez adjoumed 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 the items on the agenda, and took no reportable action. ADJOURNMENT Mayor Lopez adjoumed the meeting at l0:43 a.m. ATTEST:rLt LISA POPE, City (seal) ker LETICIA LOPEZ, Mayor