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20210202 City Council MinutesDocuSign Envelope ID: 571738C1-1311A-4CB0-8F4C-269F077814B5 MINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 2, 2021 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 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 Attorney (via remote access) Norma Copado, Interim Assistant City Attorney (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 Jonathan Hawes submitted comments via email regarding El Monte Promise Foundation Scholarship Fund and alleged embezzlement. DocuSign Envelope ID: 571738C1-B11A-4CB0-8F4C-269F077814B5 Regular City Council Meeting Minutes Page 2 of 8 February 2, 2021 PRESENTATIONS 1. Plan to Establish a COVID-19 Testing Site in the City of Vernon Recommendation: No action is required by City Council. This is a presentation only. Health and Environmental Control Director Agyin presented the item. Henry Haskell submitted comments via email suggested a vaccination site rather than testing site. In response to Council questions, Health and Environmental Control Director Agyin discussed cost prohibition of a testing site and indicated he would provide cost information from surrounding cities' sites; potential to learn from the City of Long Beach experience; survey sent to local businesses regarding potential vaccine uptake; distribution process; and administration of vaccines. CONSENT CALENDAR Mayor Pro Tern Ybarra pulled Item No. 2. Council Member Menke pulled Item No. 7. Council Member Gonzales pulled Item No. 8. MOTION Council Member Davis moved and Council Member Menke seconded a motion to approve the Consent Calendar, with the exception of Item Nos. 2, 7, and 8. The question was called and the motion carried unanimously. The Consent Calendar consisted of the following items: 3. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 60, for the period of January 3 through January 16, 2021, which totals $6,599,441.83 and consists of ratification of electronic payments totaling $6,504,719.99 and ratification of the issuance of early checks totaling $94,721.84. 4. Public Works Department Monthly Report Recommendation: Receive and file the December 2020 Building Report. 5. Acceptance of Electrical Easement at 5100 Boyle Avenue (APN 6303-028-014) Recommendation: A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a "project" as that term is defined under the California Environmental Quality Act (CEQA) Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); DocuSign Envelope ID: 571738C1-1311A-4CI30-8F4C-269F077814l35 Regular City Council Meeting Minutes Page 3 of 8 February 2, 2021 and B. Accept the Electrical Easement and authorize the Mayor to execute the Certificate of Acceptance. 6. AT&T Dedicated Internet Pricing Addendum Recommendation: Approve and authorize the City Administrator to execute a Dedicated Internet Pricing Addendum with AT&T, in substantially the same forma as submitted, extending the term of the agreement for an additional two years through February 2023, and authorizing an additional amount of $30,225 to be expended on such services. The following items were pulled from the Consent Calendar for individual consideration: 2. Waive Further Reading Recommendation: After the City Clerk has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption. In response to Council questions, City Clerk Pope explained the purpose of the item. Interim City Attorney Alvarez-Glasman confirmed. MOTION Mayor Pro Tem. Ybarra moved and Council Member Menke seconded a motion to, after the City Clerk has read the title, waive full reading of ordinances considered on this agenda for introduction on first reading and/or second reading and adoption. The question was called and the motion carried unanimously. 7. Amendment No. 1 to the Services Agreement with Southeast Rio Vista Family YMCA (a branch of the YMCA of Metropolitan Los Angeles) for Community Based Wellness Programming for the City of Vernon Recommendation: Approve and authorize the City Administrator to execute Amendment No. 1 to the Services Agreement with the YMCA Metropolitan Los Angeles/Southeast- Rio Vista Family YMCA (YMCA), in substantially the same form as submitted, to extend the term for one additional year, revising the expiration date from February 3, 2021 to February 3, 2022, with all other terms remaining the same. In response to Council questions, City Administrator Fandino explained that the funds from last year were being rolled over, with the exception of the expended $7,194. Council Member Menke discussed the YMCA providing food to elderly and disabled residents and suggested partnering with local restaurants to provide food. City Administrator Fandino stated staff would evaluate opportunities and report back to Council. He confirmed that memberships will be extended since they were unused due to COVID-19. MOTION Council Member Menke moved and Mayor Pro Tern Ybarra seconded a motion to Approve and authorize the City Administrator to execute Amendment No. 1 to the Services Agreement with the YMCA Metropolitan Los Angeles/Southeast-Rio Vista Family DocuSign Envelope ID: 571738C1-611A4CB0-8F4C-269F077814B5 Regular City Council Meeting Minutes February 2, 2021 Page 4of8 YMCA (YMCA), in substantially the same form as submitted, to extend the term for one additional year, revising the expiration date from February 3, 2021 to February 3, 2022, with all other terms remaining the same. The question was called and the motion carried unanimously. 8. City Housing Quarterly Report Update Recommendation: Receive and file the January 2021 City Housing Quarterly Report Update. In response to Council questions, City Clerk Pope explained that, as Secretary of the Housing Commission, she input the report into the system. Public Works Director Wall explained housing lottery draw on February 1, 2021 and qualification verification of the two new tenants. City Administrator Fandino discussed the delinquent tenant and process to obtain payment. MOTION Council Member Menke moved and Council Member Gonzales seconded a motion to receive and file the January 2021 City Housing Quarterly Report Update. The question was called and the motion carried unanimously. PUBLIC HEARINGS 9. Second Reading of Ordinance No. 1273 - Los Angeles County Fire Code Title 32 Recommendation: Conduct second reading and adopt Ordinance No. 1273 repealing and replacing Chapter 7, Article II, Fire Code, adopting the 2019 edition of the California Fire Code, 2018 edition of the International 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. City Clerk Pope presented the staff report. Mayor Lopez opened the public hearing. There being no speakers, Mayor Lopez closed the public hearing. MOTION Mayor Pro Tem Ybarra moved and Council Member Menke seconded a motion to Conduct second reading and adopt Ordinance No. 1273 repealing and replacing Chapter 7, Article II, Fire Code, adopting the 2019 edition of the California Fire Code, 2018 edition of the International 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. The question was called and the motion carried unanimously. DocuSign Envelope ID: 571738C1-611A-4Cl30-8F4C-269F077814l35 Regular City Council Meeting Minutes Page 5 of 8 February 2, 2021 NEW BUSINESS 10. Second Reading of Ordinance No. 1271- Municipal Code Clean Up Recommendation: Conduct second reading and adopt Ordinance No. 1271 amending various sections of the Municipal Code in Chapters 1, 2, 11, 12, 13 and 16. City Clerk Pope presented the staff report. MOTION Council Member Davis moved and Mayor Pro Tern Ybarra seconded a motion to: Conduct second reading and adopt Ordinance No. 1271 amending various sections of the Municipal Code in Chapters 1, 2, 11, 12, 13 and 16. The question was called and the motion carried unanimously. 11. Second Reading of Ordinance No. 1272 - Motion Pictures, Television, Commercial Digital Media and Still Photography Productions Recommendation: Conduct second reading and adopt 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. City Clerk Pope presented the staff report. MOTION Council Member Gonzales moved and Mayor Pro Tern Ybarra seconded a motion to Conduct second reading and adopt 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. The question was called and the motion carried unanimously. 12. Office Lease Agreement with the Vernon Chamber of Commerce (Continued from January 19, 2021) Recommendation: Approve and authorize the City Administrator to execute an Office Lease Agreement with the Vernon Chamber of Commerce for a portion of the City - owned property located at 2724 Leonis Boulevard, Vernon, CA for a one-year term beginning February 1, 2021. Finance Director Williams presented the staff report. Council Members Menke and Gonzales expressed concern with the safety of the building due to asbestos. Interim City Attorney Alvarez-Glasman stated the Chamber of Commerce could be advised not to disrupt the asbestos. DocuSign Envelope ID: 571738C1-B11A-4CB0-8F4C-269F077814B5 Regular City Council Meeting Minutes February 2, 2021 Page 6 of 8 MOTION Council Member Menke moved and Council Member Gonzales seconded a motion to approve and authorize the City Administrator to execute an Office Lease Agreement with the Vernon Chamber of Commerce for a portion of the City -owned property located at 2724 Leonis Boulevard, Vernon, CA for a one-year term beginning February 1, 2021, adding advice to the tenant to not disrupt ceiling tiles. The question was called and the motion carried unanimously. 13. Regulation of Commercial Cannabis Businesses: State Law Authority, Local Regulation, and Policy Considerations (Continued from January 19, 2021) Recommendation: Hold a discussion and provide further direction to the City Attorney's Office and staff regarding regulation of commercial cannabis businesses, including providing directives or guidance in preparing a draft ordinance to include any provision, terms and standards discussed. Interim Assistant City Attorney Copado presented the staff report. In response to Council questions, Interim Assistant City Attorney Copado explained CEQA analysis for each project; non -op fees to be negotiated in operating agreement; sample operating agreement; and collection of penalties in the City of Commerce. MOTION Mayor Lopez moved to direct staff to conduct two community town hall meetings and a Business and Industry Commission meeting on the topic of regulating commercial cannabis businesses. FRIENDLY AMENDMENT Council Member Menke seconded the motion and added direction to the City Attorney's Office to begin drafting an ordinance. The maker accepted the amendment. FRIENDLY AMENDMENT Mayor Pro Tem Ybarra amended the motion to receive a report back in 60 days. The maker and seconder accepted the amendment. The question was called on the amended motion and the motion carried unanimously. 14. Labor and Materials Contract with McAvoy & Markham Engineering and Sales Co. Recommendation: Approve and authorize the City Administrator to execute a Labor and Materials Contract with McAvoy & Markham Engineering and Sales Co., in substantially the same form as submitted, for the purchase of electric meters for an amount not to exceed $298,498 over a three-year term, with an effective date of February 4, 2021. Public Utilities General Manager Alemu presented the staff report. DocuSign Envelope ID: 571738C1-B11A-4CB0-8F4C-269F077814B5 Regular City Council Meeting Minutes February 2, 2021 Page 7 of 8 In response to Council questions, Public Utilities General Manager Alemu explained the conservative estimate to install 176 meters per year; the second and third phases; and total cost to migrate to new meters. MOTION Mayor Pro Tem Ybarra moved and Mayor Lopez seconded a motion to approve and authorize the City Administrator to execute a Labor and Materials Contract with McAvoy & Markham Engineering and Sales Co., in substantially the same form as submitted, for the purchase of electric meters for an amount not to exceed $298,498 over a three-year term, with an effective date of February 4, 2021. The question was called and the motion carried unanimously. 15. Emergency Order Mandating Masks During COVID-19 Pandemic Recommendation: Introduce and adopt Emergency Ordinance No. 1274 adding Chapter 13, Article VII mandating wearing masks and imposing fines for violations of public health orders related to COVID-19. City Administrator Fandino presented the report. In response to Council questions, City Administrator Fandino discussed enforcement, education, and citation. MOTION Council Member Menke moved and Mayor Lopez seconded a motion to introduce and adopt Emergency Ordinance No. 1274 adding Chapter 13, Article VII mandating wearing masks and imposing fines for violations of public health orders related to COVID-19. 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 and Fire activities. He stated all board meetings would continue to be conducted remotely and the next Business and Industry Commission meeting would be held on February 11, 2021, at 9:00 a.m. City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff. None. DocuSign Envelope ID: 571738C1-B11A-4CB0-8F4C-269F077814B5 Regular City Council Meeting Minutes February 2, 2021 ADJOURNMENT Mayor Lopez adjourned the meeting at 11:01 a.m. ATTEST: DocuSigned by: 'P , ,City Clerk (seal) DocuSigned by: LE 2EO'fiH Z, Mayor Page 8 of 8