20200721 Regular City Council Meeting - Agenda (5)MINUTES
VERNON CITY COUNCIL
REGULAR MEETING
TUESDAY, JULY 21, 2020
COUNCIL CHAMBER, 4305 SANTA FE AVENUE
CALL TO ORDER
Mayor Lopez called the meeting to order at 9:01 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 Davis moved and Council Member Menke seconded a motion to approve
the agenda. The question was called and the motion carried unanimously.
PUBLIC COMMENT
None.
Regular City Council Meeting Minutes
July 21, 2020
PRESENTATIONS
Page 2 of 7
Employee Service Pin Awards for April and May 2020
Recommendation: No action required by the City Council. This is a presentation only.
Human Resources Director Earl acknowledged recipients of the Employee Service Pin
Awards for April and May 2020 including: Carlos G. Ourique, Jason E. Lusca, Jose L.
Zerme> o, Marisela Martinez.
PUBLIC HEARINGS
2. Amendment to Municipal Code Chapter 26 - Zoning Map (Continued from July 7,
2020)
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 August 4, 2020 City Council meeting.
Mayor Pro Tem Ybarra recused herself due to property ownership interest and left the dais.
Public Works Director Wall presented the staff report.
In response to Council questions, Public Works Director Wall provided the dimensions of
the lots; explained the City's Regional Housing Needs Allocation (RHNA); and issues with
mortgages on Industrial Use property.
Council Member Menke referenced the General Plan and Municipal Code sections related
to the Housing Overlay Zone and indicated opposition to the proposed amendment.
MOTION
Council Member Menke moved and Council Member Gonzales seconded a motion to
reject the staff recommendation.
Interim City Attorney Alvarez-Glasman stated the discretion rested with the Council and
he explained the Housing Overlay Zone.
Council Member Menke stated the overlay was created to build the apartments and the
existing residential properties were legal, non -conforming.
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July 21, 2020
Page 3 of 7
In response to Mayor Lopez, Public Works Director Wall and City Administrator Fandino
stated the property had always been zoned Industrial and the City did not have a Residential
Zone.
Interim City Attorney Alvarez-Glasman suggested referring the matter to staff in an effort
to present a different approach in the evaluation of the issue.
SUBSTITUTE MOTION
Mayor Lopez moved and Council Member Davis seconded a motion to refer the matter to
staff. The question was called and the motion failed 2-2, Council Members Gonzales and
Menke dissenting and Mayor Pro Tem Ybarra absent.
The question on the initial motion was called and the motion failed 2-2, Mayor Lopez and
Council Member Davis dissenting and Mayor Pro Tem Ybarra absent.
Mayor Pro Tem Ybarra returned to the dais.
CONSENT CALENDAR
Mayor Pro Tem Ybarra pointed out a correction to the minutes.
MOTION
Mayor Pro Tem Ybarra moved and Council Member Menke seconded a motion to approve
the Consent Calendar, with the minutes amended. The question was called and the motion
carried unanimously.
The Consent Calendar consisted of the following items:
3. Approval of Minutes
Recommendation: Approve the July 7, 2020 Regular City Council meeting minutes.
4. Claims Against the City
Recommendation: Receive and file the claim submitted by Mercury Insurance on behalf of
Andrew Perkins in the amount of $2,440.90.
5. Operating Account Warrant Register
Recommendation: Approve Operating Account Warrant Register No. 49, for the period of
June 21 through July 4, 2020, which totals $4,413,206.16 and consists of ratification of
electronic payments totaling $4,319,898.63 and ratification of the issuance of early checks
totaling $93,307.53.
6. City Payroll Warrant Register
Recommendation: Approve City Payroll Warrant Register No. 769, for the period of June
I through June 30, 2020, which totals $3,061,746.42 and consists of ratification of direct
deposits, checks and taxes totaling $2,014,145.32 and ratification of checks and electronic
fund transfers (EFT) for payroll related disbursements totaling $1,047,601.10 paid through
operating bank account.
7. Fire Department Activity Report
Recommendation: Receive and file the May 2020 Report.
Regular City Council Meeting Minutes
July 21, 2020
Page 4 of 7
8. Police Department Activity Report
Recommendation: Receive and file the May 2020 Report.
9. Warehouse Special Parcel Tax Rate Adjustment for Fiscal Year 2020-21
Recommendation: A) Adopt Resolution No. 2020-25 determining the Warehouse Special
Parcel Tax levied pursuant to Section 5.45 of the Municipal Code for Fiscal Year 2020-
2021; and B) Approve and authorize the Finance Director to execute an Agreement for
Billing of Direct Assessments (Warehouse Special Parcel Tax) with the Los Angeles
County Auditor -Controller's Office for the collection and distribution of the Warehouse
Special Parcel Tax for Fiscal Year 2020-21.
10. Public Safety Special Parcel Tax Rate Adjustment for Fiscal Year 2020-21
Recommendation: A) Adopt Resolution No. 2020-26 determining the Public Safety
Special Parcel Tax levied pursuant to Section 5.46 of the Municipal Code for Fiscal Year
2020-2021; and B) Approve and authorize the Finance Director to execute an Agreement
for Billing of Direct Assessments (Public Safety Parcel Tax) with the Los Angeles County
Auditor -Controller's Office for the collection and distribution of the Public Safety Parcel
Tax for Fiscal Year 2020-21.
11. Services Agreement with NeoGov
Recommendation: Approve and authorize the City Administrator to execute the NeoGov
Service Agreement for software modules, in an amount not -to -exceed $90,946.69 for a
three-year term, effective July 2, 2020.
12. Services Agreement with Jemmott Rollins Group, Inc.
Recommendation: Approve and authorize the City Administrator to execute a Services
Agreement with Jemmott Rollins Group, Inc. for administrative management of Vernon
CommUNITY Fund Grant Committee activities in an amount not -to -exceed $320,025, for
a three-year term, effective August 1, 2020.
13. Update on Temporary Emergency Moratorium on Evictions at Residential Properties
Recommendation: Receive and file the update on Emergency Ordinance No. 1268.
14. Services Agreement with Athens Administrators for Worker's Compensation Third
Party Claims Administration
Recommendation: Approve and authorize the City Administrator to execute the proposed
Worker's Compensation Third Party Claims Administration Services Agreement with
Athens Administrators in an amount not to exceed $227,014, for a three-year term.
15. Report on Emergency Purchases Secured by the City Administrator
Recommendation: A. Receive and file this report as it is being provided for informational
purposes only; and B. With regard to the Washington Underpass Sump Pump Repair, find
that the action is categorically exempt from California Environmental Quality Act (CEQA)
review, in accordance with CEQA Guidelines § 15301, because the project consisted of the
repair of an existing facility and equipment with negligible or no expansion of an existing
use.
NEW BUSINESS
16. Commission and Committee Appointments
Recommendation: A. Appoint Business and Industry Commissioners to fill the following
vacancies: a. one Business Representative; b. two Real Estate Representatives; and c. one
Council Member; B. Appoint CommUNITY Fund Grant Committee Members to fill the
following vacancies: a. one Business Representative; b. one Vernon Area Representative;
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July 21, 2020
Page 5 of 7
and c. continued appointment of Mark Gonzales as the Legislative Representative; C.
Ratify the Mayor's selection for appointments of the following Green Vernon Commission
seats: a. one Business Representative; b. two Environmental Representatives; and c. two
Labor Representatives; and D. Ratify the Mayor's selection for appointment of the
following Housing Commission seat: a. one Employee of a Vernon Business.
MOTION
Mayor Lopez moved and Council Member Menke seconded a motion to appoint Douglas
Williams as the Business Representative to the Business and Industry Commission. The
question was called and the motion carried unanimously.
MOTION
Council Member Menke moved and Mayor Pro Tem Ybarra seconded a motion to appoint
Jack R. Cline, Jr. as the Real Estate Representative to the Business and Industry
Commission for the term ending June 2024. The question was called and the motion carried
unanimously.
MOTION
Council Member Menke moved and Mayor Pro Tem Ybarra seconded a motion to appoint
Thomas A. Condon as the Real Estate Representative to the Business and Industry
Commission for the term ending June 2022. The question was called and the motion carried
unanimously.
MOTION
Mayor Lopez moved and Council Member Gonzales seconded a motion to appoint Council
Member Davis as the Council Member Representative to the Business and Industry
Commission. The question was called and the motion carried unanimously.
MOTION
Mayor Lopez moved and Council Member Davis seconded a motion to appoint James
Chang as the Business Representative to the Vernon CommUNITY Fund Grant
Committee. The question was called and the motion carried unanimously.
MOTION
Mayor Lopez moved and Mayor Pro Tem Ybarra seconded a motion to appoint Judith
Merlo as the Vernon Area Representative to the Vernon CommUNITY Fund Grant
Committee. The question was called and the motion carried unanimously.
MOTION
Council Member Menke moved and Council Member Davis seconded a motion to ratify
the continued appointment of Mark Gonzalez as the Legislative Representative to the
Vernon CommUNITY Fund Grant Committee. The question was called and the motion
carried unanimously.
MOTION
Mayor Pro Tem Ybarra moved and Council Member Gonzales seconded a motion to ratify
the Mayor's selection of Hector Morfin as the Business Representative, Daniel Alley (term
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July 21, 2020
Page 6 of 7
ending June 2024) and Catherine Brown (term ending June 2022) as the Environmental
Representatives, and Martin F. Perez as the Labor Representative to the Green Vernon
Commission. The question was called and the motion carried unanimously.
MOTION
Mayor Pro Tem Ybarra moved and Council Member Davis seconded a motion to ratify the
Mayor's selection of Steve Hermon as the Vernon Business Employee Representative to
the Housing Commission. 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, Fire, and Public Utility
incidents.
Health and Environmental Control Director Agyin discussed University of Southern
California COVID-19 vaccine trial.
City Council Reports on Activities (including A111234), Announcements, or Directives to
Staff.
None.
RECESS
Mayor Lopez recessed the meeting to Closed Session at 10:08 a.m.
CLOSED SESSION
17. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (four cases)
Government Code Section 54956.9(d)(1)
A. Mayra Jimenez v. City of Vernon, et al,
Los Angeles Superior Court Case No. BC717856
B. Verizon Wireless in State of California, et al., v. Verizon Wireless, et al.,
Sacramento County Superior Court Case No. 34-2012-00127517
C. Bicent (California) Malburg LLC et al. v. City of Vernon et al.,
Los Angeles Superior Court Case No. 19STCV08859 and JAMS Reference No.
1100107175
D. City of Vernon v. Bicent (California) Malburg LLC
Los Angeles Superior Court Case No. 19STCP02411 and JAMS Reference No.
1220062657
18. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(4)
Consideration of initiation of litigation — One matter
Regular City Council Meeting Minutes
July 21, 2020
RECONVENE
Page 7 of 7
At 11:11 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. The Interim City
Attorney reported that the Council provided direction to settle the cases identified as Items
17.A. and 17.13. consistent with the terms expressed to the City Council in Closed Session
and authorized the City Administrator to execute settlement agreements for Items 17.A.
and 17.13. Interim City Attorney Alvarez-Glasman also reported that the Council
authorized an amendment to the City's retainer agreement with Morgan, Lewis & Bockius
for the Bicent matters (Items 17.C. and 17.1)) and authorized the City Administrator to
execute the amendment.
ADJOURNMENT
Mayor Lopez adjourned the meeting at 11:12 a.m.
LETICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)