2019-08-06 City Council Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, AUGUST 6, 2019, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
CALL TO ORDER & FLAG SALUTE The meeting was called to order at 9:00 a.m. by Mayor Ybarra. Fire Chief English led the Flag
Salute.
Members Present: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke Members Absent: None
CHANGES TO THE AGENDA
Interim City Clerk Harrington announced there were no changes to the agenda.
PUBLIC COMMENT
Aviv Halimi, Command Packaging, said a few words in support of the Vernon Fire Department
and their excellent level of service. Mr. Halimi stated his support in favor of the City of Vernon
contracting fire services with the Fire Protection District of Los Angeles County.
Marissa Olguin, Vernon Chamber of Commerce, made comments as to the vote that will change
Vernon’s history. She elaborated that the Vernon Chamber of Commerce strongly supports the
City’s decision to transition its fire services to Fire Protection District of Los Angeles County.
PUBLIC HEARING
1. A Resolution of the City Council of the City of Vernon Approving a Conditional Use Permit for Shewak & Lajwanti Holdings, LLC to Construct
and Operate a Retail-Commercial Center Located at 3165 Slauson Avenue
Recommendation: A. Conduct a Public Hearing; and
B. Adopt a resolution approving a conditional use permit to allow Shewak & Lajwanti Holdings, LLC to construct and operate a retail-commercial center,
subject to the conditions of approval for the property located at 3165 Slauson
Avenue
Mayor Ybarra opened the Public Hearing at 9:07 a.m.
Director of Public Works Wall reported on the proposed Conditional Use Permit for Shewak &
Lajwanti Holding, LLC.
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Council Member Davis inquired as to the conditions of the permit and the railroad tracks behind
the building. Director Wall responded accordingly.
Public Comment:
Michael Caley, Architect for the project, introduced himself and offered to answer questions
regarding the project.
Mayor Ybarra closed the Public Hearing at 9:11 a.m.
It was moved by Council Member Davis and seconded by Mayor Pro Tempore Lopez to: Adopt a
resolution approving a conditional use permit to allow Shewak & Lajwanti Holdings, LLC to
construct and operate a retail-commercial center, subject to the conditions of approval, for the
property located at 3165 Slauson Avenue. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None PRESENTATION 2. Recognition of Retired Employee - Martin J. Sanchez, Street Maintenance
Worker Recommendation: A. Acknowledge and present a proclamation to retired employee Martin J. Sanchez, Street Maintenance Worker, in recognition of his
dedicated service to the City of Vernon.
Interim City Clerk Harrington read the Proclamation of Recognition to retired employee Martin
J. Sanchez.
Mayor Ybarra presented the Proclamation to retired employee Martin J. Sanchez, Maintenance
Worker. Martin J. Sanchez said a few words to thank everyone for their support.
3. Swear-In Ceremony
Recommendation: No action is required by City Council. This is a
presentation only.
Police Chief Miranda introduced the new Police Officers and said a few words.
Interim City Clerk Harrington administered the Oath of Allegiance to Officer Alfonso Madrigal
and Officer Nicholas Mannino. Ms. Rachel Loera pinned the badge on Officer Alfonso Madrigal.
Mr. Alan Mannino pinned the badge on his son, Officer Nicholas Mannino.
4. Fiscal Year 2019/2020 Public Works Reorganization/Budget Study Session
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Recommendation: No action required by City Council. This is a presentation
only.
Director of Public Works Wall conducted the Public Works Reorganization/Budget Study Session
PowerPoint Presentation.
Council Member Menke inquired as to the combined compensation cost for the two vacant
inspector positions, contracting agency fees, total cost of the fees collected by the Building Department, and the contract labor. Director of Public Works Wall responded accordingly.
A dialogue ensued between City Council and staff as to any studies conducted by the department,
unforeseen increase or decrease of the service level, service calls, additional costs relating to use
of new software, budget for new software, and any employee pay reductions due to reorganization and reclassifications. City Administrator Fandino stated it was important to receive City Council
comments for staff in preparation of the budget to be presented at the next City Council Meeting.
Mayor Ybarra recessed the meeting at 9:44 a.m.
Mayor Ybarra reconvened the meeting at 9:53 a.m.
Public Comment:
Marisa Olguin, Vernon Chamber of Commerce, commended the City Council for their level of
engagement during the Public Works PowerPoint presentation. She further commented that she trusts the process and endorses the City’s commitment to provide swift and excellent customer service.
CONSENT CALENDAR No Public Comment provided.
It was moved by Council Member Davis and seconded by Mayor Pro Tempore Lopez to approve
Consent Calendar Items 5 through 15. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
5. Claim for Damages from Noe Carrera received on July 15, 2019 Recommendation: A. Receive and File
6. Claim for Damages from Natalie E. Lloyd received on July 22, 2019
Recommendation: A. Receive and File
7. Minutes of the Regular City Council Meeting Held on July 16, 2019
Recommendation: A. Receive and File
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8. Approval of Federal Funds for Street Improvements Account Warrant
Register No. 29 Covering the Period of July 09 through July 29, 2019
Recommendation: A. Approve Federal Funds for Street Improvements
Account Warrant Register No. 29 which totals $8,754.60 and consists of the following:
1) Ratification of electronic payments totaling $8,754.60.
9. Approval of Operating Account Warrant Register No. 27 Covering the Period of July 09 through July 29, 2019
Recommendation: A. Approve Operating Account Warrant Register No. 27
which totals $13,808,325.86 and consists of the following:
1) Ratification of electronic payments totaling $13,230,468.15. 2) Ratification of the issuance of early checks totaling $577,857.71.
10. Approval of RDA Obligation Retirement Account Warrant Register No. 54
Covering the Period of June 25 through July 29, 2019 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 54 which totals $2,669.04 and consists of the following:
1) Ratification of electronic payments totaling $2,669.04.
11. Fire Department Activity Report for the Period of July 1 through July 15, 2019
Recommendation: A. Receive and file.
12. 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.
13. Vernon Police Department Activity Log and Statistical Summary for the period of June 16 through June 30, 2019
Recommendation: A. Receive and file.
14. Allowed Pumping Allocation Lease with the City of Long Beach Recommendation: A. Find that approval of the proposed action 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 does not constitute a “project” as
defined by CEQA Guidelines § 15378.
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B. Approve a lease of 1,000 acre-feet of Allowed Pumping Allocation from
the City of Long Beach for fiscal year 2018-2019; and
C. Approve a lease of 1,000 acre-feet of Allowed Pumping Allocation to the
City of Long Beach for fiscal year 2019-2020; and
D. Authorize the City Administrator to execute the Water Rights License and
Agreements for the abovementioned leases with the City of Long Beach.
15. Public Works Department June 2019 Monthly Building Report
Recommendation: A. Receive and File.
NEW BUSINESS 16. A Resolution Approving and Authorizing an Agreement with the Fire
Protection District of Los Angeles County for the Provision of Fire Protection,
Paramedic and Incidental Services in the City of Vernon Recommendation: A. Find that the adoption of the proposed resolution is
exempt from California 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. Adopt a resolution approving and authorizing an agreement with the Fire
Protection District of Los Angeles County ("LA County Fire") for the
provision of fire protection, paramedic, and incidental services in the City of
Vernon.
City Administrator Fandino reported on the proposed Resolution and provided a PowerPoint
presentation as to the safety, affordability, options, and changes needed to sustain the Fire
Protection Services.
Mayor Ybarra inquired as to the distance and relocation area of the Fire Department Hazardous
Material Squads. Roland Sprewell, Battalion Chief, Central Regional Operations Bureau
responded accordingly.
Mayor Ybarra inquired as to the Fire District intended use of Fire Station No. 78. Debbie Aguirre,
Chief of Staff responded accordingly.
A dialogue ensued between City Council and staff as to the quality of service that will be provided
by the LA County Fire, cost of service, call volume, mutual aid agreements, and the City’s obligation as to all outstanding payments and leases associated with all fire equipment conveyed
to the LA County Fire District.
Public Comment:
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Susie Ybarra, City of Vernon resident, commented that the City Council needs to know all the
facts relating to the City’s budget, schedules, costs, and administrative fees before making a
decision.
Ms. Sam Peterson, Safety Manager and James Davidian, Manager of Plant Engineering of Farmer
John, commended the Vernon Fire Department for their service and expressed support of keeping
existing fire staff and maintaining existing response time.
Marisa Olguin, Vernon Chamber of Commerce, commented that the Vernon Chamber of Commerce fully supports the City’s decision to contract with the LA County Fire. She further
expressed concerns as to the additional compensation being sought by Fire Personnel as a
supplemental requirement of the agreement negotiations.
Juliet Goff, Kal-Plastics, commended City Council as to their approach of balancing the City’s budget. She further expressed support of the City’s decision to contract with LA County Fire for
fire services.
Bryant Bailey, Pablo Paper Plant Manager, thanked the Vernon Fire Department for their service.
He also expressed support for the City’s decision to contract with the LA County Fire for fire services.
Dean Richens, President Vernon Professional Firemen’s Association, commented that reducing
Fire Department Personnel was unsafe. Mr. Richens noted that contracting with LA County Fire
for fire service is a viable option.
Carlos Rubio, Teamsters Bargaining Unit Local 911, beseeched City Council to reach a balanced
approach to the current labor negotiations with the represented.
Jonathan Sudduth, Director of Vernon Firemen’s Association Local 2312, spoke about all the challenges the City of Vernon is experiencing due to the shortage of personnel, employee
retirement benefits, and ongoing agreement negotiations with respect to the contract with LA
County Fire.
Bryan Dome, Captain Vernon Fire Department, Executive Board Member, Vernon Firemen’s Association Local 2312, made remarks as to the matrix studies, major life and health safety issues
associated with the job, ongoing Fire Bargaining Unit’s negotiations, and contracting of fire
services with LA County Fire.
Robert M. Wexler, Attorney at Law, representative of the Vernon’s Professional Firemen’s Association, commented that the transitioning of the Vernon Fire Department to LA County Fire
will not create any reduction in the quality of services. He further elaborated that the transitioning
of Vernon Fire to LA County is necessary and advisable.
David Lazar, retired Battalion Chief, Vernon Fire Department, supported the City Council to approve the agreement to contract with LA County Fire and asked for fair negotiation as to the
firefighter’s retirements.
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Todd Schoenig, Battalion Chief, Vernon Fire Department, commented that the reduction of fire
personnel proposed by the staffing models presented by the City will decrease the quality of service
provided and increase the safety issues.
Mayor Ybarra supported striking from the contract Fire Station 78 and authorize City
Administrator to continue negotiations as to the use of Fire Station 78 with LA County Fire and to
move forward with the rest of the recommendations.
It was moved by Mayor Ybarra and seconded by Mayor Pro Tempore Lopez to: A. Find that the
adoption of the proposed resolution is exempt from California 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; B. Adopt a resolution approving and authorizing an agreement
with the Fire Protection District of Los Angeles County ("LA County Fire") for the provision of
fire protection, paramedic, and incidental services in the City of Vernon, and C. Authorized the
City Administrator to continue negotiations with LA County Fire on the use of Fire Station 78. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None 17. Appointment of Eligible Individuals to Serve on the Vernon CommUNITY
Fund Grant Committee
Recommendation: A. Find that the appointment of eligible individuals to
serve on the Vernon CommUNITY Fund Grant Committee is exempt from California 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. Appoint a current City Council Member to serve on the Vernon CommUNITY Fund Grant Committee in a City Council Seat with a term of
July 1, 2019 to June 30, 2021; and
C. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in Vernon Area Representative Seat No. 2 with a term of July 1, 2019 to June 30, 2021; and
D. Appoint an eligible individual to serve on the Vernon CommUNITY Fund
Grant Committee in Vernon Area Representative Seat No. 3 with a term of July 1, 2019 to June 30, 2021; and
E. Ratify the Mayor's appointment of Mark Gonzalez to serve on the Vernon
CommUNITY Fund Grant Committee to fill an unexpired term in a
Legislative Representative Seat until the term expires on June 30, 2020.
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City Administrator Fandino reported on the proposed appointment of eligible individuals to serve
on the Vernon CommUNITY Fund Grant Committee.
It was moved by Mayor Ybarra and seconded by Council Member Davis to appoint Mayor Pro Tempore Lopez to serve on the Vernon CommUNITY Fund Grant Committee in a City Council
Seat with a term of July 1, 2019 to June 30, 2021. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
It was moved by Mayor Ybarra and seconded by Mayor Pro Tempore Lopez to appoint Michael
Gavina to serve on the Vernon CommUNITY Fund Grant Committee in Vernon Area
Representative Seat No. 2 with a term of July 1, 2019 to June 30, 2021. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
It was moved by Mayor Ybarra and seconded by Mayor Pro Tempore Lopez to appoint Steven
Froberg to serve on the Vernon CommUNITY Fund Grant Committee in Vernon Area Representative Seat No. 3 with a term of July 1, 2019 to June 30, 2021. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
It was moved by Mayor Ybarra and seconded by Council Member David to appoint Mark
Gonzalez to serve on the the Vernon CommUNITY Fund Grant Committee to fill an unexpired
term in a Legislative Representative Seat until the term expires on June 30, 2020. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
18. A Resolution Adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution in Accordance with Government Code Section
20636(b)(1) and Repealing All Resolutions in Conflict Therewith
Recommendation: A. Find that approval of the attached resolution in this
staff report 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 does not constitute
a “project” as defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, to reflect the following provisions:
1) Amend Section 4: Compensatory Time
2) Amend Section 6: Vacation
3) Amend Section 7: Sick Leave
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4) Amend Section 10: Jury Duty
5) Amend Section 14: Vision Insurance
6) Amend Section 15: Life Insurance
7) Amend Section 17: California Public Employees Retirement System (CalPERS) Contribution
8) Amend Section 20: Bilingual Pay
9) Amend Exhibit A Classification and Compensation Plan
Director of Human Resources Earl reported on the proposed Resolution Adopting an Amended
and Restated Citywide Fringe Benefits and Salary Resolution in Accordance with Government
Code Section 20636(b)(1) and Repealing All Resolutions in Conflict Therewith.
No Public Comment provided.
It was moved by Council Member Davis and seconded by Mayor Pro Tempore Lopez to: A. Find
that approval of the attached resolution in this staff report 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 does not constitute a “project” as
defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution amending and
restating the Citywide Fringe Benefits and Salary Resolution, to reflect the following provisions:
1) Amend Section 4: Compensatory Time 2) Amend Section 6: Vacation 3) Amend Section 7: Sick Leave
4) Amend Section 10: Jury Duty
5) Amend Section 14: Vision Insurance
6) Amend Section 15: Life Insurance 7) Amend Section 17: California Public Employees Retirement System (CalPERS) Contribution 8) Amend Section 20: Bilingual Pay
9) Amend Exhibit A Classification and Compensation Plan.
Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None 19. A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association
Recommendation: A. Find that approval of the attached resolution in this
staff report 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 does not constitute a “project” as defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution approving the 2019-2022 Memorandum of
Understanding by and between the City of Vernon and the Vernon Police Management Association
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Director of Human Resources Earl reported on the proposed Resolution of the City Council of
the City of Vernon Approving the Memorandum of Understanding by and between the City of
Vernon and the Vernon Police Management Association
No Public Comment provided.
It was moved by Council Member Menke and seconded by Council Member Davis to: A. Find that approval of the attached resolution in this staff report 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 does not constitute a “project” as
defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution approving the
2019-2022 Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None 20. A Resolution of the City Council of the City of Vernon Approving the
Memorandum of Understanding by and between the City of Vernon and the
Vernon Police Officers Benefit Association Recommendation: A. Find that approval of the attached resolution in this staff report 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 does not constitute
a “project” as defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Vernon Police
Officers Benefit Association.
Director of Human Resources Earl reported on the proposed Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of
Vernon and the Vernon Police Officers Benefit Association.
No Public Comment provided. It was moved by Council Member Menke and seconded by Council Member Davis to: A. Find
that approval of the attached resolution in this staff report 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 does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Vernon
Police Officers Benefit Association. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None
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21. A Resolution of the City Council of the City of Vernon Approving the
Memorandum of Understanding by and between the City of Vernon and the
Teamsters Local 911 Recommendation: A. Find that approval of the attached resolution in this staff report 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 does not constitute
a “project” as defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution approving the 2019-2022 Memorandum of
Understanding by and between the City of Vernon and the Teamsters Local
911.
Director of Human Resources Earl reported on the proposed Resolution of the City Council of
the City of Vernon Approving the Memorandum of Understanding by and between the City of
Vernon and the Teamsters Local 911.
No Public Comment provided.
Council Member Menke inquired as to the removal of the binding arbitration language. Director
Earl responded accordingly.
It was moved by Council Member Davis and seconded by Council Member Menke to: A. Find
that approval of the attached resolution in this staff report 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 does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Teamsters
Local 911. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None 22. A Resolution Approving and Authorizing the Execution of a Master Services
Agreement for Upstream Internet Access Services with Centurylink Communications, LLC, and Repealing All Resolutions In Conflict Therewith Recommendation: A. Find that approval of the proposed action in this staff
report is exempt under the California Environmental Quality Act ("CEQA"),
because it is a governmental administrative activity that will not have any
effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and
B. Adopt a Resolution Approving and Authorizing the Execution of a Master
Services Agreement for Upstream Internet Access Services with Centurylink
Communications, LLC, and Repealing All Resolutions In Conflict Therewith.
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Interim General Manager of Public Utilities Alemu reported on the proposed Resolution
Approving and Authorizing the Execution of a Master Services Agreement for Upstream Internet
Access Services with Centurylink Communications, LLC, and Repealing All Resolutions In
Conflict Therewith.
Mayor Ybarra inquired as to the network range and the cost for the internet services. Interim
General Manager of Public Utilities Alemu responded accordingly. A dialogue ensued between
City Council and staff as to the any increase cost for internet consumers, internet speed and impact
on surrounding businesses and residents, and total monthly fees.
No Public Comment provided.
It was moved by Council Member Menke and seconded by Mayor Pro Tempore Lopez to: A. Find that approval of the proposed action in this staff report is exempt under the California
Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that
will not have any effect on the environment and is therefore not a “project” as that term is defined
by CEQA Guidelines section 15378; and B. Adopt a Resolution Approving and Authorizing the Execution of a Master Services Agreement for Upstream Internet Access Services with Centurylink Communications, LLC, and Repealing All Resolutions In Conflict Therewith. Motion
carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None 23. A Resolution Approving and Authorizing the Execution of a Service Level
Performance Agreement for Upstream Internet Access Services with Broadband, LLC, and Repealing All Resolutions in Conflict Therewith Recommendation: A. Find that approval of the proposed action in this staff
report is exempt under the California Environmental Quality Act ("CEQA"),
because it is a governmental administrative activity that will not have any
effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and
B. Adopt a Resolution approving and authorizing the execution of a Service
Level Performance Agreement for Upstream Internet Access Services with
Broadband, LLC, and Repealing All Resolutions in Conflict Therewith.
Interim General Manager of Public Utilities Alemu reported on the Resolution approving and
authorizing the execution of a service level performance agreement for upstream internet access
services with Broadbrand, LLC. No Public Comment provided.
It was moved by Mayor Pro Tempore Lopez and seconded by Council Member Davis A. Find that approval of the proposed action in this staff report is exempt under the California
Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that
will not have any effect on the environment and is therefore not a “project” as that term is defined
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by CEQA Guidelines section 15378; and B. Adopt a Resolution approving and authorizing the
execution of a Service Level Performance Agreement for Upstream Internet Access Services with
Broadband, LLC, and Repealing All Resolutions in Conflict Therewith. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
24. Approval of Agreement Regarding the Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California by and between the Union Pacific Railroad
Company and the City of Vernon
Recommendation: A. Find that the proposed action – i.e., entering into an
agreement with Union Pacific Railroad Company (“Union Pacific”) is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities) part
(d) and Section 15303 (New Construction or Conversion of Small Structures)
part (d), because the Project is merely to upgrade existing equipment and add
an additional appurtenant equipment; and B. Authorize the City Administrator to execute the Public At-Grade Crossing,
25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of
Vernon, Los Angeles County, California (“Agreement”) by and between
Union Pacific and the City of Vernon (“City”).
Director of Public Works Wall reported on the proposed Approval of Agreement Regarding the
Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City
of Vernon, Los Angeles County, California by and between the Union Pacific Railroad Company
and the City of Vernon.
No Public Comment provided.
It was moved by Council Member Davis and seconded by Mayor Pro Tempore Lopez to: A. Find
that the proposed action – i.e., entering into an agreement with Union Pacific Railroad Company (“Union Pacific”) is categorically exempt under the California Environmental Quality Act (CEQA)
in accordance with CEQA Guidelines Section 15301 (Existing Facilities) part (d) and Section
15303 (New Construction or Conversion of Small Structures) part (d), because the Project is
merely to upgrade existing equipment and add an additional appurtenant equipment; and B. Authorize the City Administrator to execute the Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California
(“Agreement”) by and between Union Pacific and the City of Vernon (“City”).
Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke No: None
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25. The Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652,
Alameda Ind. Ld, City of Vernon, Los Angeles County, California by and
between the City of Vernon and Marquez Produce, Inc. Recommendation: A. Find that the proposed action – i.e., entering into an agreement with Marquez Produce, Inc. (“Marquez Produce”) is categorically
exempt under the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines Section 15301 (Existing Facilities) part (d)
and Section 15303 (New Construction or Conversion of Small Structures) part
(d), because the Project is merely to upgrade existing equipment and add an additional appurtenant equipment; and
B. Authorize the City Administrator to execute the Public At-Grade Crossing,
25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of
Vernon, Los Angeles County, California (“Agreement”) by and between City of Vernon (“City”) and Marquez Produce.
Director of Public Works wall reported on the proposed Public At-Grade Crossing, 25th Street,
DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California by and between the City of Vernon and Marquez Produce, Inc.
No Public Comment provided.
It was moved by Mayor Pro Tempore Lopez and seconded by Council Member Menke to: A.
Find that the proposed action – i.e., entering into an agreement with Marquez Produce, Inc.
(“Marquez Produce”) is categorically exempt under the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities) part (d) and Section 15303 (New Construction or Conversion of Small Structures) part (d), because the Project is merely to upgrade existing equipment and add an additional appurtenant equipment; and B.
Authorize the City Administrator to execute the Public At-Grade Crossing, 25th Street, DOT
747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California
(“Agreement”) by and between City of Vernon (“City”) and Marquez Produce. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None ORAL REPORTS
Police Chief Miranda reported on the following: on July 26th, Vernon PD Officers detained and
arrested 3 suspects for vandalism and trespassing; on July 31st, Vernon PD arrested a suspect for reckless driving; on August 1st, Vernon PD Officers arrested a suspect for attempted burglary; on August 4th, Vernon PD arrested a suspect for DUI and resisting arrest; and noted on August 6th
National Night Out Event will be held and everybody is welcome to attend.
Interim Manager of Public Utilities Alemu reported on the following: several outages throughout the City; Vernon’s Resource Planning Division procured natural gas supply for lower prices; the City received an official letter from California Energy Commission advising that the City of
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Vernon is deemed in compliance with the Renewable Portfolio Standard (RPD) procurement
requirements for compliance period 2 (2014-2016); and on August 14th, the Energy Commission
will consider and may adopt the Vernon Public Utilities Integrated Resource Plan consistent with
the requirements of Senate Bill 350.
City Administrator Fandino reported on the following: Vernon FD responded to a structure fire in
the area of Downey and District (photo displayed on TV monitor); August 1st, Vernon FD Haz
Mat 77 responded to a reported large liquid tote on the sidewalk, samples were taken and after
testing determined that the tote contained used power steering fluid (Photo displayed on TV monitor); Administrator Fandino announced that he will not to be able to attend the Family Game
Night Event scheduled for Thursday in City Hall and Mayor Ybarra will be hosting the event on
his behalf.
Mayor Ybarra recessed the meeting at 12:30 p.m.
Mayor Ybarra reconvened the meeting at 12: 33 p.m.
CLOSED SESSION
City Council entered Closed Session at 12:33 p.m.
26. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(d)(2) Number of potential cases: 1
27. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator
Employee Organizations:
Teamsters Local 911,
IBEW Local 47,
Vernon Professional Firefighters Association, Vernon Fire Management Association, Vernon Police Management Association, and
Vernon Police Officers’ Benefit Association
28. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Name of Case: Christian N. Moscoso vs. City of Vernon
Regular City Council Minutes August 6, 2019
Page 16 of 16
Workers Compensation Appeals Board Case Nos. ADJ10013898 and ADJ10884450
29. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2)
Government Code Section 54956.9(d)(1)
Bicent (California) Malburg LLC et al. v. City of Vernon et al.,
Los Angeles Superior Court Case Nos. 19STCV08859 and 19STCP02411
City of Vernon v. Bicent (California) Malburg LLC et al. JAMS Reference No. 1220062657
At 2:03 p.m. City Council exited Closed Session. City Attorney Patel reported that four cases
were discussed with the City Council with no reportable action taken.
ADJOURNMENT
With no further business, at 2:04 p.m., Mayor Ybarra adjourned the meeting.
________________________ Melissa Ybarra Mayor
ATTEST:
_________________________ Deborah A. Harrington Interim City Clerk