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2019-06-04 City Council Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JUNE 4, 2019, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA CALL TO ORDER & FLAG SALUTE Members Present: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke Members Absent: None The meeting was called to order at 7:30 a.m. by Mayor Melissa Ybarra; Councilmember William Davis led the flag salute. Mayor Ybarra called for a moment of silence in honor of the victims of the recent Virginia Beach shooting. Mayor Pro-Tempore Leticia Lopez joined the meeting at 7:32 a.m. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there were no changes to the agenda. PUBLIC COMMENT No public comment provided PRESENTATION 1. Fiscal Year 2019/2020 Budget Study Sessions 1. Budget Overview - presented by Carlos Fandino, City Administrator 2. City Clerk Department - presented by Maria Ayala, City Clerk 3. Finance Department - presented by Bill Fox, Director of Finance 4. Health & Environmental Control Department - presented by Freddie Agyin, Director of Health & Environmental Control 5. Human Resources Department - presented by Michael Earl, Director of Human Resources 6. Information Technology Division - presented by Ernesto Smith, Information Technology Manager Recommendation: No action required by City Council. This is a presentation only. City Clerk Ayala announced the presentations. All presentations provided via PowerPoint. City Administrator Carlos Fandino provided an overview of the City’s Budget. Regular City Council Meeting Minutes June 4, 2019 Page 2 of 10 City Council had questions regarding Fire Department Services from the City of Los Angeles and the City’s projected unfunded pension liability. City Administrator Fandino and Director of Finance, William Fox, responded accordingly. City Clerk Ayala provided a presentation on the Office of the City Clerk budget. Director of Finance Fox provided a presentation on the Finance Department budget. Director of Health and Environmental Control Department, Fredrick Agyin provided a presentation on the Health and Environmental Control Department budget. Mayor Ybarra inquired as to the budgeted amount for “Capital” expenditures. Director Agyin responded accordingly. Director of Human Resources, Michael Earl provided a presentation on the Human Resources Department budget. Manager of Information Technology Department, Ernesto Smith provided a presentation on the Information Technology Division budget. Mayor Ybarra recessed the meeting at 9:12 a.m. Mayor Ybarra reconvened the meeting at 9:19 a.m. 2. A Proclamation for Gautier Land Company Recommendation: A. Present a proclamation to Gautier Land Company in Recognition of their 100th Anniversary. City Clerk Ayala read the proclamation. Mayor Ybarra presented the proclamation to Mr. Steve Fraser, President Gautier Land Company, who was in attendance. Mr. Fraser thanked the City. 3. Drug Abuse Resistance Education (D.A.R.E.) Program Essay Awards Recommendation: No action required by City Council. This is a presentation only. Police Chief Anthony Miranda conducted the D.A.R.E Award presentation and provided a brief overview of the D.A.R.E. program. Officer Alexy Escobedo announced the D.A.R. E. award winners: Betzy Carranza, David Pineda, and Abigail Mitchell. Mayor Ybarra presented the awards to the three essay winners. 4. Presentation of Grantee Certificates and Report on FY 2018/2019 Docket IV Grants Awarded by Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that receiving this report on grants awarded by the Vernon CommUNITY Fund Grant Committee is exempt from California Regular City Council Meeting Minutes June 4, 2019 Page 3 of 10 Environmental Quality Act (“CEQA”) review, because it 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. Present Certificates to FY 2018/2019 Docket IV Recipients for Direct Service Grants, Capital Grants, and Scholarship Grants; and C. Receive and file this report, as it is being provided for informational purposes only pursuant to Section 2.167(e) of the Vernon Municipal Code. City Clerk Ayala announced the Direct Service Grant Recipients: Huntington Park Youth Football and Cheer, Ben Valdez, President, Ana Covarrubias, Vice President, Wendy Carrillo, Second Vice President, Sarah Huerta, Third Vice President, Michelle Ybarra, and Anthony Selva, Sergeant of Arms; Las Fotos Project, Eric Ybarra, Executive Director; Opportunity Fund, Losefa Alofaituli, Regional Director; Projecto Pastoral at Dolores Mission, Sophia Sleap, Interim Development Director. Mayor Ybarra presented the Direct Service Grant Certificate Awards to the grant recipients who were in attendance. City Clerk Ayala announced the Capital Grant Recipients: California Children’s Academy, Barbara Shoji, CEO and Karen Pinedo, Facilities and Compliance Manager; Clinica Romero, Carlos Vaquerano, Executive Director; and Ingrid Estrada, Development Director; InnerCity Struggle, Maria Brenes, Executive Director. Mayor Ybarra presented the Capital Grants Certificate Awards to the grant recipients who were in attendance. City Clerk Ayala announced the Scholarship Grants Recipients: Yani Martinez, Nayeli Alvarado, Kimberly Robles; Valeria Valencia; Arianna Romero; Julie Quintero; Hector Ruiz. Mayor Ybarra presented the Scholarship Grant Certificate Awards to the grant recipients who were in attendance. 5. Proclamation Honoring Former Council Member Yvette Woodruff-Perez Recommendation: A. Acknowledge and present a proclamation to former City Council Member Yvette Woodruff-Perez in recognition of her dedicated service to the City of Vernon. City Clerk Ayala read the proclamation honoring former Council Yvette Woodruff-Perez who was not in attendance. CONSENT CALENDAR 6. Claim for Damages from Christina Sanchez received on May 20, 2019 Recommendation: A. Receive and File Regular City Council Meeting Minutes June 4, 2019 Page 4 of 10 7. Claim for Damages from Christian V. Miranda received on May 20, 2019 Recommendation: A. Receive and File 8. Claim for Damages from Christopher M. Miranda received on May 20, 2019 Recommendation: A. Receive and File 9. Claim for Damages from Carlos Sanchez Jr. received on May 20, 2019 Recommendation: A. Receive and File 10. Claim for Damages from Angel S. Miranda received on May 20, 2019 Recommendation: A. Receive and File 11. Claim for Damages from Aiddan M. Sanchez received on May 20, 2019 Recommendation: A. Receive and File 12. Claim for Damages from Jasmine Sanchez received on May 20, 2019 Recommendation: A. Receive and File 13. Minutes of the Regular City Council Meeting Held on May 21, 2019 Recommendation: A. Receive and File 14. Council Conference Attendance Report Recommendation: A. Find that receiving this Council Conference Attendance Report is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative activity of government 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. Receive and file. 15. Approval of Operating Account Warrant Register No. 23 Covering the Period of May 14 through May 27, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 23 which totals $5,994,409.51 and consists of the following: 1) Ratification of electronic payments totaling $5,507,435.02. 2) Ratification of the issuance of early checks totaling $432,574.84. 3) Authorization to issue pending checks totaling $54,399.65. 16. 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. 5 to record voided Check No. 600560 in the amount of $85.06 issued 07/31/18 to Quinones, Ana. Regular City Council Meeting Minutes June 4, 2019 Page 5 of 10 2) Operating Account Warrant Register No. 8 to record voided Check No. 600905 in the amount of $17.20 issued 09/11/18 to Stevenson Jr, Kent. 3) Operating Account Warrant Register No. 9 to record voided Check No. 601039 in the amount of $11.99 issued 09/27/18 to Lucas, Jason. 4) Operating Account Warrant Register No. 12 to record voided Check No. 601511 in the amount of $8.72 issued 11/20/18 to Swinford, Phillip. 5) Operating Account Warrant Register No. 14 to record voided Check No. 601722 in the amount of $26.70 issued 12/18/18 to Quinones, Ana. 6) Operating Account Warrant Register No. 22 to record voided Check No. 602841 in the amount of $80.50 issued 05/02/19 to Cortez, Justin. 17. Approval of RDA Obligation Retirement Account Warrant Register No. 52 Covering the Period of April 30 through May 27, 2019 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 52 which totals $60.00 and consists of the following: 1) Ratification of electronic payments totaling $60.00. 18. Fire Department Activity Report for the Period of May 1 through May 15, 2019 Recommendation: A. Receive and file. 19. Vernon Police Department Activity Log and Statistical Summary for the period of May 1 through May 15, 2019 Recommendation: A. Receive and file. 20. Award of a Services Agreement to Interstate Gas Services dba IGService to Conduct an Update to the Water Rate Study Recommendation: A. Find that approval of the proposed Services Agreement is exempt under the California Environmental Quality Act CEQA"), because it is an administrative activity 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. Determine that the award of the proposed agreement is in the best interest of the City and, therefore, exempt from the competitive selection process per Section 2. 17. 12 (B)(3) of the Vernon Municipal Code; and C. Approve a Services Agreement with Interstate Gas Services, Inc. dba IGService (" IGService"), in substantially the same form as submitted herewith, in an amount not to exceed $14,000 to update the April 2018 Water Rate Study; and D. Authorize the City Administrator to execute a Services Agreement with IGService with an effective date of June 4, 2019 and termination date of June 30, 2020. Regular City Council Meeting Minutes June 4, 2019 Page 6 of 10 21. Public Works Department April 2019 Monthly Building Report Recommendation: A. Receive and File No public comment provided. It was moved by William Davis and seconded by Leticia Lopez to approve Consent Calendar Agenda Items 6 through 21. Motion carried, 4 - 0. Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None NEW BUSINESS 22. Award of Construction Contract to General Pump Company, Inc. for On-Call Well and Booster Pump Repairs Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (“CEQA”) review, in accordance with CEQA Guidelines § 15301, because the project consists of the maintenance, repair or minor alteration of existing facilities and involves negligible or no expansion of an existing use; and B. Accept the bid from General Pump Company, Inc., as the lowest responsive and responsible bidder; and C. Approve a Construction Contract with General Pump Company, Inc., in substantially the same form as attached herewith, in an amount not to exceed $600,000.00 for a one year term; and D. Authorize the City Administrator to execute the Construction Contract with General Pump Company, Inc. with an effective date of July 1, 2019. Interim General Manager of Public Utilities, Abraham Alemu reported on the proposed. Mayor Ybarra inquired as to the number of active ground water wells located within the City. Assistant General Manager of Public Utilities, Todd Dusenberry, responded accordingly. No public comment provided. It was moved by Leticia Lopez and seconded by Carol Menke A. Find that the proposed action is categorically exempt from California Environmental Quality Act (“CEQA”) review, in accordance with CEQA Guidelines § 15301, because the project consists of the maintenance, repair or minor alteration of existing facilities and involves negligible or no expansion of an existing use; and B. Accept the bid from General Pump Company, Inc., as the lowest responsive and responsible bidder; and C. Approve a Construction Contract with General Pump Company, Inc., in substantially the same form as attached herewith, in an amount not to exceed $600,000.00 for a one year term; and D. Authorize the City Administrator to execute the Construction Contract with General Pump Company, Inc. with an effective date of July 1, 2019. Motion carried, 4 - 0. Regular City Council Meeting Minutes June 4, 2019 Page 7 of 10 Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None 23. Atlantic Boulevard Bridge Rehabilitation and Widening Project, Agreement Change Order No. 9 (Contract No. CS-0099) Recommendation: A. Find that the approval of the proposed change order in this staff report is within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063 of the CEQA Guidelines; and B. Approve Agreement Change Order No. 9, in substantially the same form as submitted herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010), Contract No. CS- 0099, extending the contract length and authorizing CNS Engineers, Inc., to provide the additional engineering design and coordination services as described below for the additional cost of $114,994.20, increasing the total contract cost to $1,887,168.48; and C. Authorize the City Administrator to execute Agreement Change Order No. 9, extending the project schedule from July 1, 2019 to December 31, 2020. Director of Public Works Department, Daniel Wall, reported on the proposed. No public comment provided. It was moved by William Davis and seconded by Carol Menke A. Find that the approval of the proposed change order in this staff report is within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063 of the CEQA Guidelines; and B. Approve Agreement Change Order No. 9, in substantially the same form as submitted herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02- 5139(010), Contract No. CS-0099, extending the contract length and authorizing CNS Engineers, Inc., to provide the additional engineering design and coordination services as described below for the additional cost of $114,994.20, increasing the total contract cost to $1,887,168.48; and C. Authorize the City Administrator to execute Agreement Change Order No. 9, extending the project schedule from July 1, 2019 to December 31, 2020. Motion carried, 4 - 0. Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None 24. A Resolution Approving and Accepting the Grant Deed Dedicating in Fee a Portion of the Property Located at 4328 Alcoa Avenue Recommendation: A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301(c) because if any construction occurs as a result of Regular City Council Meeting Minutes June 4, 2019 Page 8 of 10 accepting and executing the Grant Deed, the work would merely involve negligible expansion of an existing street; and B. Adopt the proposed resolution approving and accepting the Grant Deed dedicating in fee a portion of the property located at 4328 Alcoa Avenue for approximately 3,567.5 square feet of land. Director Wall reported on the proposed. No public comment provided. It was moved by Leticia Lopez and seconded by William Davis A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301(c) because if any construction occurs as a result of accepting and executing the Grant Deed, the work would merely involve negligible expansion of an existing street; and B. Adopt the proposed resolution approving and accepting the Grant Deed dedicating in fee a portion of the property located at 4328 Alcoa Avenue for approximately 3,567.5 square feet of land. Motion carried, 4 - 0. Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None ORAL REPORTS Bruce English, Fire Chief, reported on the following: on June 1st, Vernon FD hosted the Annual Fire Department Breakfast; on May 26th Vernon FD and Vernon PD responded to a fall victim (photo displayed) on 26th street bridge at the LA river; today, June 4th Vernon FD will host eleven Vernon elementary students that have had perfect attendance for lunch. Abraham Alemu, Interim General Manager of Public Utilities reported on the following: power outage on May 30th, he commended Petrelli for a great job done repairing the connections, restoring service, and conducting a scheduled performance test; on June 2nd Vernon PU experienced a system-wide low voltage event that lasted at total of 4 cycles. Michael Earl, Director of Human Resources, reported on the following: the Health and Wellness Fair will be held on June 6th. Anthony Miranda, Chief of Police, reported on the following; on May 21st Vernon PD conducted an investigation of two burglary reports; on May 22nd Vernon PD Officers attended the 50th Annual Los Angeles Peace Officers’ Memorial ceremony; on May 26th Vernon PD Officers investigated a deceased body located at the Los Angeles Riverbed; on May 31st Vernon PD conducted a DUI-Driver’s License checkpoint; June 4th Vernon PD Officers will participate in the Special Olympics’ Torch Run. Carlos Fandino, City Administrator reported on the following: on June 10th at noon and June 12th in the evening, the City will be hosting informational Town Hall Meetings to discuss Vernon Fire Regular City Council Meeting Minutes June 4, 2019 Page 9 of 10 Services and the Los Angeles County Fire Services proposal; members of Los Angeles County Fire Department will conduct a presentation; the VHC Meeting will have a later start of 7:00 p.m. CLOSED SESSION City Council entered closed session at 10:02 a.m. 25. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (5) (Government Code Section 54956.9(d)(1)) City of Vernon v. Dennis Roberts, et al, Los Angeles Superior Court Case No. 19NWUD00831 Reina Lopez v. City of Vernon, et al, Los Angeles Superior Court Case No. BC713375 Marco Garcia-Martinez v. City of Vernon, et al, Los Angeles Superior Court Case No. BC689446 Mayra Jimenez v. City of Vernon, et al, Los Angeles Superior Court Case No. BC717856 Bicent (California) Malburg LLC et al. vs. City of Vernon et al., U.S. Dist. Ct. C.D. Cal., Case No. 2:19-cv-02178, removed from Cal. Sup. Ct., Case No. 19STCV08859 26. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2) and (4) Number of potential cases: 1 The City is currently in a dispute with Bicent (California) Malburg, LLC (“Bicent”), the owner and operator of the Malburg Generating Station (“MGS”), which has resulted in Bicent initiating suit against the City (see “Existing Litigation” closed session item). Prior to the initiation of the suit, the City issued multiple Notices of Default under that certain Power Purchase Tolling Agreement, dated as of April 10, 2008 (as amended, the “PPTA”). The City’s claims relate to, among other things, Bicent’s failure to timely repair equipment, failure to timely produce documents requested under the PPTA, misrepresentation of available capacity, and improper overbilling (by over $ 6 million). The City’s claims also include various statutory claims arising out of the improper billing by Bicent of Vernon. Based on these claims, the City provided notice to Bicent that it disputed certain invoices and would exercise its payment withholding rights under certain dispute resolution provisions in the PPTA. Subsequently, on April 22, 2019, Bicent issued a Notice of Event of Default for failure to pay. Regular City Council Meeting Minutes June 4, 2019 Page 10 of 10 At 10:35 a.m. City Council exited closed session. Senior Deputy City Attorney, Brian Byun reported that two cases were discussed with no reportable action taken. ADJOURNMENT With no further business, at 10:35 a.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Maria E. Ayala City Clerk