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20210119 City Council MinutesDocusign Envelope lD: 76808EF3-EAC8-417C-80794447OD448692 MINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 19, 2O2I COUNCIL CHAMBER,4305 SANTA FE A\'ENUE CALL TO ORDER Mayor Lopez called the meeting to order at 9:03 a,m. FLAG SALUTE Mayor Lopez led the Flag Salute. ROLL CALL PRESENT:Leticia Lopez, Mayor (via remote access) Melissa Ybarra, Mayor Pro Tem (via remote access) William Davis, Council Member (via remote access) Carol Menke, Council Member (via remote access) Diana Gonzales, Council Member (via remote access) STAFF PRESENT: Carlos Fandino, City Administrator Arnold Alvarez-Glasman, Interim City Attomey (via remote access) Norma Copado, Interim Assistant City Attomey (via remote access) Lisa Pope, City Clerk Scott Williams, Finance Director (via remote access) Abraham Alemu, Public Utilities General Manager (via remote access) Fredrick Agyin, Health and Environmental Control Director (via remote access) Michael Earl, Human Resources Director (via remote access) Anthony Miranda, Police Chief (via remote access) Dan Wall, Public Works Director (via remote access 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 Leticia Vasquez-Wilson, Central Basin Water District Board of Directors, discussed the Council's opportunity to make an appointment to the Board and pending litigation. Regular City Council Meeting Minutes lanuary 19,2021 Page 2 of 7 Employee Service Pin Awards for December 2020 Recommendation: No action required by the City Council. This is a presentation only. Human Resources Director Earl acknowledged Gustavo Herrera, Police Sergeant and Nicholas Perez, Police Lieutenant. as recipients ofthe Employee Service Pin Awards for December 2020. Review of Process for Amending the Vernon City Charter Recommendation: No action required by the City Council. This is a presentation only. Further direction may be provided by the City Council after this item is presented. lnterim City Attomey Alvarez-Clasman provided an overview of the process for amending the Vernon City Charter. Regulation of Commercial Cannabis Businesses: State Law Authority, Local Regulation, and Policy Considerations Recommendation: Hold a Study Session to receive a presentation from the City Attorney's Office regarding regulation of commercial cannabis businesses; and provide further direction to the City Attomey's Office and/or City staff. The City Attomey's Office is prepared to provide additional inlormation on any topic raised herein, and is prepared to receive any directive issued by City Council, including preparing a draft ordinance to include any provision, terms and standards discussed herein or at a future City Council meeting, Interim Assistant City Attomey Copado provided an overview of the regulation of commercial cannabis businesses including the Compassionate Use Act - 1996; Proposition 64 (Adult Use Marijuana Act); Senate Bilt 94 (Medicinal and Adult-Use Cannabis Regulation and Safety Act); Assembly Bill 133 (Cannabis Regulation); commercial cannabis; State-issued licenses and requirements; localjurisdiction; current City of Vemon laws; experiences in other cities; policy considerations; fee structures and revenue sources. In response to Council questions, Interim Assistant City Attomey Copado explained state background checks; plan checks by Los Angeles County Fire; experiences in neighboring cities; approved versus operating permits; and staffnecessary to oversee the progmm. Ba$alion Chief Richard Stillwagon, LA County Fire, explained past delays in plan checks due to lack of State guidelines and current streamlined process and decreased tumaround times. ChiefPappas explained that delays were generally due to the applicant. She stated the County would facilitate any legal business within the City. She expressed concem with the uptick in illegal cannabis businesses in Lynwood which has caused some fire issues. MOTION Council Member Menke moved and Council Member Conzales seconded a motion to direct the City Attomey's office, in conjunction with City Stafl to draft a proposed ordinance, including any zoning law amendments such as a special overlay zone amendment, regulating commercial cannabis businesses in the City's jurisdiction. I 1 3 Docusign Envelope lD: 76808EF3-EAC8-417C-8O7944470O44a692 PRESENTATIONS Docusign Envelope lO: 76808EF3-EAC8 417C-B07944470O448692 Regular City Council Meeting Minutes January 19,2021 Page 3 of 7 FRIENDLY AMEIYDMENT Mayor Pro Tem Ybarra moved to amend the motion to direct staffto provide information on a city-wide plan for implementation. The maker and seconder accepted the amendment. The question was called and the amended motion canied unanimously. CONSENT CALENDAR Council Member Gonzales pulled ltem No. 12. MOTION Council Member Menke moved and Mayor Pro Tem Ybarra seconded a motion to approve the Consent Calendar, with the exception of Item No. 12. The question was called and the motion carried unanimously. The Consent Calendar consisted of the following items: 4. Approval of Minutes Recommendation: Approve the December 15, 2020 Regular City Council meeting minutes. 5. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 59, for the period ofNovember 29,2020 through January 2,2021, which totals $20,198,984.63 and consists of ratification of electronic payments totaling $15,143.135.26, ratification of the issuance of early checks totaling $5,055.849.37 and voided Check Nos. 606605 and 606669 totaling $ 1,306,673.84. 6. City Payroll Warrant Register Recommendation: Approve City Payroll warrant Register No. 775, for the period of December I through December 31, 2020, which totals $3,254,619.16 and consists of ratification ofdirect deposits, checks and taxes totaling $2,214,437.46 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling I ,040,182.30 paid through operating bank account. 7. Redevelopment Agency Obligation Retirement Account Warrant Register Recommendation: Approve Redevelopment Agency Obligation Retirement Account Warrant Register No.59, forthe period ofNovember 29,2020 through January 2, 2021, consisting of ratifi cation of electronic payments totaling $ I 1.9 I 5.20. 8. Federal Funds for Street Improvements Account Warrant Register Recommendation: Approve Federal Funds for Street Improvements Account WarrantRegisterNo.35.fortheperiodofNovember29,2020throughJanuary2,202l, consisting of ratification of electronic payments totaling $25,988.00. 9. Fire Department Activity Report Recommendation: Receive and file the October 2020 Repon. 10. Police Department Activity Report Recommendation: Receive and file the November 2020 Report. I l. Public Works Department Monthly Report Recommendation: Receive and file the November Building Report. Docusign Envelope lD: 7680BEF3-EAC8417C-807944470D448692 Regular City Council Meeting Minutes January 19, 2021 Page 4 of 7 13. Amendment No. I with Haul-Away Rubbish Company, Inc. Recommendation: A. Find that the approval of the proposed amendment is exempt from Califomia Environmental Quality Act (CEQA) review. as it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore is not a "project" as defined by Section 15378 of the CEQA Guidelines; and B. Approve and authorize the City Administrator to execute Amendment No. I to Contract No. CS-0894 with Haul-Away Rubbish Company, Inc., in substantially the same form as submitted, for refuse collection, recycling, and disposal services, changing the contract termination date from November 12,2020 to May 12,2021. The following item was pulled from the Consent Calendar for individual consideration: 12. OIIice Lease Agreement with the Vernon Chamber of Commerce Recommendation: Approve and authorize the City Administrator to execute an Office Lease Agreement with the Vemon Chamber of Commerce for a portion of the City- owned property located at 2724 Leonis Boulevard, Vemon, CA for a one-year term beginning February l, 2021. Finance Director Williams presented the staff report. Council Member Gonzales expressed concem with asbestos and suggested an expert evaluate the situation. In response to Council questions, Finance Director Williams, Interim City Attorney Alvarez-Glasman, Public Works Director Wall, and City Administrator Fandino explained the asbestos study results; potential liability; Chamber's agreement with lease terms; and waivers and indemnity. CONSENSUS By consensus, the Council directed staffto bring the item back at the next meeting. NEW BUSINESS l{.Municipal Code Clean Up Recommendation: A. lntroduce and conduct first reading ofOrdinance No. l27l amending various sections ofthe Municipal Code in Chapters 1,2,11, 12, l3 and l5; and B. Direct staff to schedule second reading and adoption for the February 2, 2021 City Council meeting. Council Member Menke requested the maner be tabled to allow additional time for review. City Clerk Pope presented the staff report. In response to Council questions, City Clerk Pope, lnterim City Attomey Alvarez-Clasman and Finance Director Williams explained the proposed revisions to the Code. DocuSign Envelope lD: 76808EF3-EAC8-41 7C-807 94447 0D448692 Regular City Council Meeting Minutes January 19, 2021 RECESS Mayor Lopez called a recess at I I :19 a.m. The meeting reconvened at 1 1:29 a.m. with all Council Members present. The Council continued its discussion of the proposed revisions. MOTION Mayor Pro Tem Ybarra moved and Council Member Gonzales seconded a motion to introduce and conduct first reading of Ordinance No. l27l amending various sections of the Municipal Code in Chapters 1.2. 11,12,13 and l5: and direct staffto schedule second reading and adoption for the February 2.2021 City Council meeting. The question was called and the motion carried unanimously. 15.Motion Pictures, Television, Commercial Digital Media and Still Photography Productions Recommendation: A. Introduce and conduct first reading of Ordinance No. 1272 amending Vernon Municipal Code Section 5.65 - Motion Picture Production to be Motion Pictures, Television. Commercial Digital Media and Still Photography Productions; and B. Direct staffto schedule second reading and adoption for the February 2,2021 City Council meeting. Donna Washington, FilmLA. thanked City Clerk Pope for her help and leadership. MOTION Council Member Menke moved and Mayor Lopez seconded a motion to introduce and conduct first reading of Ordinance No. 1272 amending Vemon Municipal Code Section 5.65 - Motion Picture Production to be Motion Pictures, Television, Commercial Digital Media and Still Photo$aphy Productions; and direct staff to schedule second reading and adoption for the February 2.2021 City Council meeting. The question was called and the motion carried unanimouslv. 16.Los Angeles County Fire Code Title 32 Recommendation: A. Conduct first reading and introduce Ordinance No. 1273 repealing and replacing Chapter 7, Article II, Fire Code, adopting the 2019 edition ofthe Califomia Fire Code, 2018 edition of the lnternational Fire Code and the 2020 edition of the Los Angeles County Fire Code - Title 32 (Consolidated Fire Protection District of Los Angeles County Fire Code), ratifying the more restrictive building standards contained in that code; and B. Direct staff to schedule a public hearing on February 2,2021 for the second reading and adoption of Ordinance No. 1273. City Administrator Fandino presented the staff report. Page 5 of 7 CONSENSUS By consensus, the Council directed staffto amend and clarify language in Section 2.2.A to reflect the specific amount of$100,000 for each ofthe positions listed. City Clerk Pope presented the staff report. Docusign Envelope lD: 76808EF3-EAC8-41 7C-80794447OD148692 Regular City Council Meeting Minutes lanuary 19,2021 Page 6 of 7 MOTION Council Member Davis moved and Mayor Pro Tem Ybarra seconded a motion to conduct first reading and introduce Ordinance No. 1273 repealing and replacing Chapter 7, Article Il, Fire Code, adopting the 2019 edition of the California Fire Code,20l8 edition ofthe International Fire Code and the 2020 edition ofthe Los Angeles County Fire Code - Title 32 (Consolidated Fire Protection District ofLos Angeles County Fire Code), ratifying the more restrictive building standards contained in that code; and B. Direct staff to schedule a public hearing on February 2,2021 for the second reading and adoption of Ordinance No.1273. 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 COVID-I9 vaccine and successful Operation Santa event held on December 16,2020. Chief Miranda stated the Police Department would receive vaccines the first week of February. He discussed preparations for the Presidential lnauguration. City Council Reports on Activities (including ABl234), Announcements, or Directives to Staff. Mayor Lopez requested a stricter face mask policy. City Administrator Fandino stated he would report back to Council. Council Member Gonzales requested staff prepare a report on the Vemon Housing Commission activities. She expressed concem with the lack of transparency from the lottery to selection and qualifications of tenants. City Administrator Fandino stated he would provide the Housing Commission quarterly reports and he anticipates a special Housing Commission meeting within the next two to three weeks. RECESS Mayor Lopez recessed the meeting to Closed Session at l2:33 p.m CLOSED SESSION RECONVENE At 12:51 p.m., Mayor Lopez adjoumed Closed Session and reconvened the regular meeting. 17. CONFERENCE WITH LEGAL COUNSEL _ ANTICIPATf,D LITIGATION Signifi cant exposure to litigation. Govemment Code Section 54956.9(dX2) Number of Potential Cases: 2 Docusign Envelope lD: 76808EF3-EAC8417C-8O7944470D448692 Regular City Council Meeting Minutes January I 9. 2021 Page 7 of 7 CLOSED SESSION REPORT Interim City Attomey Alvarez-Clasman reported that the Council, with all five members present, met in Closed Session, discussed the items on the agenda, and approved and authorized the City Administrator to execute the Second Tolling Agreement (as title by DTSC but records show it will be the fourth tolling agreement approved by the Ciry in this matter) by and between the City of Vernon and the BKK Working Group, in substantially the same form as submitted, for a period ofthree (3) years, effective from February 20,202'l until February 19, 2024. ADJOURNMENT Mayor Lopez adjoumed the meeting at 12:52 p.m. EZ. Mayor ATTEST: ail"''ff;' LlSA,FoPE:lstty clerk seal)