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20220118 City Council MinutesMINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 18, 2022 REMOTE LOCATION VIA ZOOM CALL TO ORDER Mayor Ybarra called the meeting to order at 9:01 a.m. in memory of Fire Fighter Jonathan Flagler. FLAG SALUTE Mayor Ybarra led the Flag Salute. ROLL CALL PRESENT: Melissa Ybarra, Mayor (via remote access) William Davis, Mayor Pro Tem (via remote access) Leticia Lopez, Council Member (via remote access) Crystal Larios, Council Member (via remote access) Judith Merlo, Council Member (via remote access) STAFF PRESENT: Carlos Fandino, City Administrator (via remote access) Zaynah Moussa, Interim City Attorney (via remote access) Lisa Pope, City Clerk (via remote access) Scott Williams, Finance Director (via remote access) Abraham Alemu, Public Utilities General Manager (via remote access) Michael Earl, Human Resources Director (via remote access) Fredrick Agyin, Health and Environmental Control Director (via remote access) Robert Sousa, Police Chief (via remote access) Dan Wall, Public Works Director (via remote access) APPROVAL OF THE AGENDA MOTION Council Member Larios moved and Council Member Lopez seconded a motion to approve the agenda. The question was called and the motion carried unanimously. PUBLIC COMMENT None. DocuSign Envelope ID: 021A2EA9-3922-48E8-BA10-526A5B262EA5 Regular City Council Meeting Minutes Page 2 of 5 January 18, 2022 PRESENTATIONS 1. Employee Service Pin Awards for November and December 2021 Recommendation: No action required by City Council. This is a presentation only. Human Resources Director Earl acknowledged Kenneth P. Jackson, Facilities Maintenance Supervisor; Claudia Arellano, Utilities Program Analyst; Raquel Franco, Payroll Specialist; Gustavo De Loza, Senior Street Maintenance Worker; Stephanie M. Johnson, Administrative Secretary; Cynthia P. Cano, Perm it Technician as recipients of the Employee Service Pin Awards for November and December 2021. 2. Fiscal Year 2020-2021 Electric Fund Audited Financial Results Recommendation: A. Receive presentation on audited Electric Fund financial results for Fiscal Year 2020-2021; and B. Receive and file Fiscal Year 2020-2021 Electric Fund Annual Financial Report. Finance Director Williams and Bob Callanan, CLA, provided an overview of the Fiscal Year 2020-2021 Electric Fund Audited Financial Results. MOTION Council Member Lopez moved and Council Member Larios seconded a motion to receive and file the Fiscal Year 2020-2021 Electric Fund Annual Financial Report. The question was called and the motion carried unanimously. CONSENT CALENDAR MOTION Mayor Pro Tem Davis moved and Council Member Merlo 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: 3. Approval of Minutes Recommendation: Approve the November 30, 2021 Special, December 7, 2021 Regular, December 15, 2021 Special, and December 22, 2021 Special City Council meeting minutes. 4. Claims Against the City Recommendation: Receive and file the claim submitted by David Namvar - Downey 26, LLC in the amount of $14,000. 5. City Payroll Warrant Registers for November and December 2021 Recommendation: A. Approve City Payroll Warrant Register No. 786, for the period of November 1 through November 30, 2021, totaling $2,418,717.17 and consisting of ratification of direct deposits, checks and taxes totaling $1,598,416.20 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $820,300.97 paid through operating bank account; and B. DocuSign Envelope ID: 021A2EA9-3922-48E8-BA10-526A5B262EA5 Regular City Council Meeting Minutes Page 3 of 5 January 18, 2022 Approve City Payroll Warrant Register No. 787, for the period of December 1 through December 31, 2021, totaling $3,082,091.72 and consisting of ratification of direct deposits, checks and taxes totaling $2,369,386.14 and ratificati on of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $712,705.58 paid through operating bank account. 6. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 79, for the period of November 21, 2021 through January 1, 2022, totaling $29,714,705.90 and consisting of ratification of electronic payments totaling $28,491,301.21, ratification of the issuance of early checks totaling $1,223,404.69 and voided Check Nos. 608325, 608551 totaling $378.00. 7. Fire Department Activity Report Recommendation: Receive and file the November 2021 Fire Department Activity Report. 8. Police Department Activity Report Recommendation: Receive and file the November 2021 Report. 9. Public Works Department Monthly Report Recommendation: Receive and file the November 2021 Building Report. 10. Conduct of Meetings via Teleconference Pursuant to Assembly Bill 361 Recommendation: Ratify the findings in Resolution No. 2021 -36 authorizing continued conduct of City Council and all other City legislative body meetings via teleconference, in accordance with Assembly Bill 361 (AB 361), due to continued public health and safety concerns caused by COVID-19. 11. Conflict of Interest Code (Statement of Economic Interests) Recommendation: Adopt Resolution No. 2022-01 establishing a conflict of interest code for all agencies, boards, commission, committees, designated City personnel and officials, and repealing Resolution No. 2021 -29. 12. Recodification of City of Vernon Municipal Code Recommendation: A. Waive full reading, introduce and conduct first reading of Ordinance No. 1277 adopting the 2021 Recodified and Republished Vernon Municipal Code; and B. Direct staff to schedule second reading and adoption for the February 1, 2022 City Council meeting. NEW BUSINESS 13. Mandatory Organic Waste Disposal Reduction Ordinance Recommendation: A. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and CEQA Guidelines §15308, because the new regulations, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency for the protection of the environment; B. Waive full reading and introduce and conduct first reading of Ordinance No. 1278 adding Chapter 8.14 to the Vernon Municipal Code to regulate mandatory organic waste disposal reduction; and C. Direct staff to schedule second reading and adoption for the February 1, 2022 City Council meeting. DocuSign Envelope ID: 021A2EA9-3922-48E8-BA10-526A5B262EA5 Regular City Council Meeting Minutes Page 4 of 5 January 18, 2022 Health and Environmental Control Director Agyin presented the staff report . In response to Council questions, Health and Environmental Control Director Agyin explained the exemption for small businesses; educational outreach; and grace period to March 2022, with the opportunity for a waiver if necessary. MOTION Council Member Lopez moved and Mayor Pro Tem Davis seconded a motion to: A. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and CEQA Guidelines §15308, because the new regulations, which strengthen requirements for the handling of solid waste, represent actions by a regulatory agency for the protection of the environment; B. Waive full reading and introduce and conduct first reading of Ordinance No. 1278 adding Chapter 8.14 to the Vernon Municipal Code to regulate mandatory organic waste disposal reduction; and C. Direct staff to schedule second reading and adoption for the February 1, 2022 City Council meeting. The question was called and the motion carried unanimously. ORAL REPORTS City Administrator Reports on Activities and other Announcements. City Administrator Fandino announced that the Vernon CommUNITY Fund Scholarship Program was accepting applications through March 31, 2022 for the 2022 Calendar Year. He announced the services for Firefighter Flagler and expressed his condolences to the fallen firefighter’s family, friends, loved ones, and colleagues. City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff. None. RECESS Mayor Ybarra recessed the meeting to Closed Session at 9:24 a.m. CLOSED SESSION 14. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1) Jerry Chavez v. City of Vernon Los Angeles Superior Court Case No. 21STCP04133 DocuSign Envelope ID: 021A2EA9-3922-48E8-BA10-526A5B262EA5 Regular City Council Meeting Minutes Page 5 of 5 January 18, 2022 15. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Daniel Armellini vs. City of Vernon Workers Compensation Appeals Board Case Nos. ADJ13084583 and ADJ13623594 16. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Interim City Attorney RECONVENE At 9:58 a.m., Mayor Ybarra adjourned Closed Session and reconvened the regular meeting. CLOSED SESSION REPORT Interim City Attorney Moussa reported that the Council met in Closed Session, discussed the items on the agenda, and unanimously approved and authorized settlement regarding Workers Compensation Appeals Board Case Nos. ADJ13084583 and ADJ13623594. ADJOURNMENT Mayor Ybarra adjourned the meeting at 9:59 a.m. ______________________________ MELISSA YBARRA, Mayor ATTEST: _____________________________________ LISA POPE, City Clerk (seal) DocuSign Envelope ID: 021A2EA9-3922-48E8-BA10-526A5B262EA5