2019-02-05 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, FEBRUARY 5, 2019, IN
COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
CALL TO ORDER & FLAG SALUTE
Members Present:Yvette Woodruff-Perez, William Davis, Melissa Ybarra
Members Absent:Luz Martinez, Leticia Lopez
The meeting was called to order at 9:00 a.m. by Mayor Woodruff-Perez, City Attorney Hema Patel
lead the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that there are no changes to the agenda.
PUBLIC COMMENT
Maria Isabel Acosta, resident, introduced herself as a running candidate for City Council.
Ted Brodeuer, P.E. Assistant Resident Engineer, Sanitation Districts of Los Angeles County,
explained that he was speaking on behalf of the employees of several bargaining units to ask for
City Council assistance and letter of support regarding bargaining contract negotiations with the
Sanitation District.
City Attorney Hema Patel advised Mr. Brodeuer that he can contact City Administration regarding
his request. She further explained that any item relating to City Council would need to be
agendized in accordance with the Brown Act.
Steve Koffroth, Field Director, American Federation of State, County and Municipal Employees
(AFSCME) expressed concerns with reference to meetings between City Council and the
bargaining units associated with union contract negotiations.
PUBLIC HEARING
1.Ordinances Granting U.S. Tow, Inc. and Mr. C’s Towing of South Gate Inc., a
Franchise Towing Services Agreement
Recommendation:A. Find that approval of franchise towing service
agreements with U.S. Tow, Inc. and Mr. C’s Towing of South Gate, Inc. is not
subject to review under the California Environmental Quality Act (CEQA),
because such action is a governmental administrative activity that will not
result in direct or indirect physical changes in the environment and is therefore
Regular City Council Meeting
February 5, 2019
Page 2 of 8
not a “project” as that term is defined by CEQA Guidelines section 15378;
and
B. Conduct a public hearing; and
C. Approve the first reading, and adopt at a subsequent meeting, an ordinance
granting U.S. Tow, Inc. a franchise towing services agreement; and
D. Approve the first reading, and adopt at a subsequent meeting, an ordinance
granting Mr. C’s Towing of South Gate, Inc. a franchise towing services
agreement; and
E. Authorize the City Administrator to execute franchise agreements, in
substantially the same form as submitted herewith, with U.S. Tow, Inc. and
Mr. C's Towing of South Gate, Inc. on behalf of the City.
City Clerk Maria Ayala announced the proposed item.
Mayor Yvette Woodruff-Perez opened the Public Hearing at 9:09 a.m.
Police Chief Anthony Miranda reported on the proposed.
City Council Member Melissa Ybarra inquired as to the two towing companies’ response time. A
dialogue ensued between Council and staff regarding tracking of the response times, impact and
public safety, towing companies’ locations, average response time, number of complaints by
Police Officer concerning extended waiting time.
Public Comment:
Christopher Jay inquired as to Council researching further than the scheduled facility review and
pricing review. He further commented that the two towing companies have online reviews from
customers and the Better Business Bureau depicting their level of service.
Jerry Brown, General Manager, Mr. C’s Towing in South Gate, commented that Yelp does not
provide sufficient time for businesses to respond to a customer review. He further commented that
the Better Business Bureau has a system in place that reviews legitimate complaints and Mr. C’s
Towing shows an “A plus” rating.
Mike Welch, Operations, Mr. C’s Towing, commented that their business solely predicated on
impounding cars for government agencies with over 14 law enforcement contracts. He further
commented about their response time.
Mayor Yvette Woodruff-Perez closed the Public Hearing at 9:24 a.m.
City Council came to a consensus to approve the Ordinance first reading with the solicitation that
language be added to have Vernon Police Department track the towing companies’ response times.
Regular City Council Meeting
February 5, 2019
Page 3 of 8
It was moved by William Davis and seconded by Melissa Ybarra to: A. Find that approval of
franchise towing service agreements with U.S. Tow, Inc. and Mr. C’s Towing of South Gate, Inc.
is not subject to review under the California Environmental Quality Act (CEQA), because such
action is a governmental administrative activity that will not result in direct or indirect physical
changes in the environment and is therefore not a “project” as that term is defined by CEQA
Guidelines section 15378; and B. Conduct a public hearing; and C. Approve the first reading, and
adopt at a subsequent meeting, an ordinance granting U.S. Tow, Inc. a franchise towing services
agreement; and D. Approve the first reading, and adopt at a subsequent meeting, an ordinance
granting Mr. C’s Towing of South Gate, Inc. a franchise towing services agreement; and E.
Authorize the City Administrator to execute franchise agreements, in substantially the same form
as submitted herewith, with U.S. Tow, Inc. and Mr. C's Towing of South Gate, Inc. on behalf of
the City. Motion carried, 3 - 0.
Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra
No:None
PRESENTATION
2.Recognition of Retired Employee - Fire Engineer Andrew G. Kroner
Recommendation:A. Acknowledge and present a proclamation to retired
employee Andrew G. Kroner, Fire Engineer, in recognition of his dedicated
service to the City of Vernon.
City Clerk Maria Ayala read the proclamation of Retiring Fire Engineer Andrew G. Kroner, who
was not present.
Fire Chief Bruce English said a few words and provided a brief summary relating to Fire
Engineer Andrew G. Kroner's distinguished career in the City of Vernon.
CONSENT CALENDAR
3.Claim for Damages from E. Diaz received January 15, 2019.
Recommendation:A. Receive and File
4.Claim for Damages from S. Solano received January 10, 2019.
Recommendation:A. Receive and File
5.Claim for Damages from Stantony, LLC received January 10, 2019.
Recommendation:A. Received and File
6.Minutes of the Regular City Council Meeting Held January 15, 2019
Recommendation:A. Receive and File
7.Ratification of Mayor's Appointment of Eligible Individuals to Serve on the
Green Vernon Commission
Regular City Council Meeting
February 5, 2019
Page 4 of 8
Recommendation:A. Find that the proposed action is exempt from
California Environmental Quality Act (“CEQA”) review, because the
ratification of the Mayor's appointment of an eligible individual to serve on
the Green Vernon Commission is an administrative action 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
B. Ratify the Mayor's appointment of Ron Daerr to serve on the Green
Vernon Commission in a Business Representative Seat for a term that will
expire on June 30, 2022; and
C. Ratify the Mayor's appointment of Frane Sosic to serve on the Green
Vernon Commission in an Environmental Representative Seat for a term that
will expire on June 30, 2022.
8.Approval of Operating Account Warrant Register No. 15 Covering the Period
of January 08 through January 28, 2019
Recommendation:A. Approve Operating Account Warrant Register No. 15
which totals $14,214,969.82 and consists of the following:
1) Ratification of electronic payments totaling $13,768,114.87.
2) Ratification of the issuance of early checks totaling $421,955.15.
3) Authorization to issue pending checks totaling $24,899.80.
9.Ratification of Warrant Registers to Record Voided Checks
Recommendation:A. Ratify the following warrant registers to record voided
checks:
1) Operating Account Warrant Register No. 10 to record voided Check No.
601166 in the amount of $20.00 issued 10/11/18 to SCPMA-HR.
2) Operating Account Warrant Register No. 14 to record voided Check No.
601699 in the amount of $708.00 issued 12/13/18 to BIBI Clothing.
10.Fire Department Activity Report for the Period of November 16 through
November 30, 2018
Recommendation:A. Receive and file.
11.Fire Department Activity Report for the Period of December 1 through
December 15, 2018
Recommendation:A. Receive and file.
12.Fire Department Activity Report for the Period of December 16 through
December 31, 2018
Recommendation:A. Receive and file.
Regular City Council Meeting
February 5, 2019
Page 5 of 8
13.Vernon Police Department Activity Log and Statistical Summary for the
period of November 16 through November 30, 2018
Recommendation:A. Receive and file.
14.Vernon Police Department Activity Log and Statistical Summary for the
period of January 1 through January 15, 2019
Recommendation:A. Receive and file.
No public comment provided.
It was moved by Melissa Ybarra and seconded by William Davis to approve Consent Calendar
items 3 through 14. Motion carried, 3 - 0.
Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra
No:None
NEW BUSINESS
15.Approval of Revocable Encroachment Agreement No. 433 with Alisu
Investment, Ltd. and Kargo Group GP, LLC
Recommendation:A. Find that the approval of the Revocable Encroachment
Agreement (the “Agreement”) is exempt under the California Environmental
Quality Act (CEQA), in accordance with CEQA Guidelines Section
15061(b)(3), the general rule that CEQA only applies to projects which have
the potential for causing a significant effect on the environment; and
B. Approve Revocable Encroachment Agreement No. 433 between the City
of Vernon and Alisu Investment, Ltd. and Kargo Group GP, LLC. in
substantially the same form as submitted herewith.
Director of Public Works Daniel Wall reported on the proposed.
Mayor Pro Temp William Davis inquired as to the distance between wells.
Director Wall responded accordingly.
No public comment provided.
It was moved by Melissa Ybarra and seconded by William Davis to: A. Find that the approval of
the Revocable Encroachment Agreement (the “Agreement”) is exempt under the California
Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15061(b)(3),
the general rule that CEQA only applies to projects which have the potential for causing a
significant effect on the environment; and B. Approve Revocable Encroachment Agreement No.
433 between the City of Vernon and Alisu Investment, Ltd. and Kargo Group GP, LLC. in
substantially the same form as submitted herewith. Motion carried, 3 - 0.
Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra
Regular City Council Meeting
February 5, 2019
Page 6 of 8
No:None
16.Award of Services Agreement to Rutan & Tucker, LLP for Legal Consulting
Services Regarding City-Owned Housing
Recommendation:A. Find that awarding the contract to Rutan & Tucker,
LLP is exempt from California Environmental Quality Act (CEQA) review,
because 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 CEQA Guidelines, Section 15378; and
B. Approve a Services Agreement with Rutan & Tucker, LLP, in
substantially the same form as submitted herewith, with a termination date of
May 19, 2019 in an amount not-to-exceed $10,000 for legal consulting
services regarding city-owned housing; and
C. Authorize the City Administrator to execute the Services Agreement with
Rutan & Tucker, LLP with an effective date of January 1, 2019.
Director of Public Works Daniel Wall reported on the proposed.
Councilmember Melissa Ybarra inquired as to the amount of fees disbursed for legal consulting
services.
Director Walland City Attorney Patelresponded that the legal fees have not exceeded the budgeted
amount and further elaborated on the new consulting firm and contract, the firm's reputation, lower
rates, and efficiency.
No public comment provided.
It was moved by William Davis and seconded by Melissa Ybarra to: A. Find that awarding the
contract to Rutan & Tucker, LLP is exempt from California Environmental Quality Act (CEQA)
review, because 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 CEQA Guidelines,
Section 15378; and B. Approve a Services Agreement with Rutan & Tucker, LLP, in substantially
the same form as submitted herewith, with a termination date of May 19, 2019 in an amount not-
to-exceed $10,000 for legal consulting services regarding city-owned housing; and C. Authorize
the City Administrator to execute the Services Agreement with Rutan & Tucker, LLP with an
effective date of January 1, 2019. Motion carried, 3 - 0.
Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra
No:None
Regular City Council Meeting
February 5, 2019
Page 7 of 8
17.A Resolution Approving and Authorizing The Withdrawal from the
Orangeline Development Authority
Recommendation:A. Find that approval of the proposed action is exempt
from California Environmental Quality Act ("CEQA") review, as it is a
governmental administrative activity that will not directly result in physical
changes to the environment and is therefore not a "project" as defined by
CEQA Guidelines section 15378; and
B. Adopt a Resolution approving and authorizing withdrawal from the
Orangeline Development Authority.
City Clerk Maria Ayala read the Resolution.
Director of Public Works Daniel Wall reported on the proposed.
No public comment provided.
It was moved by William Davis and seconded by Melissa Ybarra to: A. Find that approval of the
proposed action is exempt from California Environmental Quality Act ("CEQA") review, as it is
a governmental administrative activity that will not directly result in physical changes to the
environment and is therefore not a "project" as defined by CEQA Guidelines section 15378; and
B. Adopt a Resolution approving and authorizing withdrawal from the Orangeline Development
Authority.
ORAL REPORTS
Chief of Police Anthony Miranda reported on the following: On January 14 through January 22
Vernon PD monitored a public demonstration during school hours by the United Teachers of Los
Angeles at the Vernon Elementary School; and reported on multiple incidents throughout the City.
Fire Chief Bruce English reported on the following: Several incidents throughout the City; radio
tower workers installed the final bi-directional antennas to the Water Tower ICI radio system; the
100% grant federal funded project will bring significant improvements to radio communications
in the City; on April 24th the Vernon Firefighters Association will host the Annual Spring Blood
Drive and St. Baldrick Fund Raising Event at Fire at Fire Station 76; blood will be donated to
Children’s Hospital of Los Angeles pediatric ward.
Director of Public Works Daniel Wall reported on the following: O. E. Clark building suffered
partial collapse of roof due to water damage from recent storms; on February 21
st Public Works
will host an event at the Council Chambers to distribute parking permits to the residents on Furlong
and key cards to allow access to the secured parking located immediately behind their home.
Vernon Public Utilities, Todd Dusenberry, Assistant General Manager, reported on the following:
Vernon PU presented the results from its Electric Rate Study at the most recent Business and
Industry Commission Meeting; on Thursday, February 7th, Vernon PU will hold a more focused
presentation for customers; Public Utilities Manager Kelly Nguyen and Utilities Compliance
Regular City Council Meeting
February 5, 2019
Page 8 of 8
Administrator Angela Kimmey are currently attending this year’s Capital Day hosted by California
Municipal Utilities Association (CMUA).
Finance Director William Fox reported on the following: on January 29th, he and Masami Higa,
Assistant Finance Director, met with the consolidated Los Angeles County Oversight Board for
the Redevelopment Agency and presented the annual budget for upcoming fiscal year 2019-2020;
Health and Environmental Control Director Fredrick Agyin reported that the Health Department
has two new staff members.
Human Resources Director Michael Earl report on the following: on January 30th, Human
Resources hosted a Retirement Planning Workshop for City employees.
CLOSED SESSION
City Council entered closed session at 9:50 a.m.
18.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(d)(2)
Number of potential cases: 3
At 10:10 a.m. the City Council exited closed session. City Attorney Hema Patel reported that three
cases were discussed with no reportable action taken.
ADJOURNMENT
With no further business, at 10:10 a.m. Mayor Yvette Woodruff-Perez adjourned the meeting.
________________________
Yvette Woodruff-Perez
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk