2019-09-17 City Council Minutes
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, SEPTEMBER 17, 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. Mayor Ybarra 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 that Closed Session Item No. 15 would be taken out of
order to be considered first, followed by the remaining order of the agenda.
City Council entered Closed Session at 9:02 a.m.
15. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Potential Initiation of Litigation.
Government Code Section 54956.9(d)(2)
Number of potential cases: 1
City Council exited closed session at 9:28 a.m.
PUBLIC COMMENT
No Public Comment provided.
PRESENTATION
1. Employee Service Pin Awards for August 2019
Recommendation: No action required by City Council. This is a presentation
only.
Director of Human Resources Earl announced the Service Pin Awards recipients, Public Utilities
Compliance Administrator Lisa Umeda, and Public Utilities Resource Planning Ruben
Rodriguez.
Regular City Council Minutes
September 17, 2019
Page 2 of 9
Mayor Ybarra presented the Service Pin Awards to Public Utilities Compliance Administrator
Lisa Umeda, and Public Utilities Resource Planning Ruben Rodriguez.
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 No. 2 through 8. Motion carried, 4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
2. Report on FY 2018/2019 Vernon CommUNITY Fund Grant Committee
Activity
Recommendation: A. Find that receiving this report on grants awarded by
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. Receive and file this report, as it is being provided for informational
purposes only.
3. Claim for Damages from Joaquina Centeno Leon received on September 3,
2019.
Recommendation: A. Receive and File
4. Approval of City Payroll Warrant Register No. 759 Covering the Period of
August 01 through August 31, 2019
Recommendation:
A. Approve City Payroll Warrant Register No. 759 which totals
$4,741,155.81 and consists of the following:
1) Ratification of direct deposits, checks and taxes totaling $3,759,185.62.
2) Checks and electronic fund transfers (EFT) paid through Operating bank
account totaling $981,970.19.
5. Approval of Operating Account Warrant Register No. 30 Covering the Period
of August 27 through September 09, 2019
Recommendation: A. Approve Operating Account Warrant Register No. 30
which totals $5,985,772.27 and consists of the following:
1) Ratification of electronic payments totaling $5,365,062.81.
2) Ratification of the issuance of early checks totaling $603,333.49.
Regular City Council Minutes
September 17, 2019
Page 3 of 9
3) Authorization to issue pending checks totaling $17,375.97.
6. Supplemental No. 637 to Services Agreement with Verdugo Fire
Communications Dispatch
Recommendation: A. Find that the approval 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 Section 15378; and
B. Ratify Supplemental No. 637 to the Services Agreement with Verdugo
Fire Communications Dispatch, (Contract No. FD-0201), increasing the
existing contract amount of $313,277.00 by an additional $60,026.50 to cover
service costs in FY 2019/20, for a total contract value of $373,303.50 over the
lifetime of the agreement; and
C. Authorize the Purchasing Department to issue payment(s) for
Supplemental No. 637 to cover projected dispatch service costs during Fiscal
Year 2019/20 until such time that the transition to LA County Fire Dispatch is
complete and dispatch services with LA County are fully operational.
7. Vernon Police Department Activity Log and Statistical Summary for the
period of August 1 through August 15, 2019
Recommendation: A. Receive and file.
8. Acceptance of Work and Notice of Completion for Contract No. LP-0434 –
Well No. 16 Pump and Motor Project
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 Section 15378; and
B. Accept the Work by General Pump Company, Inc. with regard to the Well
No. 16 Pump and Motor project, Contract No. LP-0434; and
C. Authorize the Interim General Manager of Public Utilities to submit for
recordation to the Los Angeles County Registrar-Recorder/County Clerk
(“County Clerk”) the Notice of Completion for the Well No. 16 Pump and
Motor Project.
NEW BUSINESS
9. Resolution Appointing Jim Enriquez to Serve as Interim Fire Chief and
Approving and Authorizing the Execution of a Related Temporary At-Will
Employment Agreement
Regular City Council Minutes
September 17, 2019
Page 4 of 9
Recommendation: A. Find that approval of the proposed actions are exempt
from California Environmental Quality Act (CEQA) review, because they are
administrative activities that will not result in direct or indirect physical
changes in the environment, and therefore do not constitute a "project" as
defined by CEQA Guidelines Section 15378; and
B. Adopt the attached resolution appointing Jim Enriquez to serve as Interim
Fire Chief of the City of Vernon effective September 17, 2019, and approving
and authorizing the execution of a related temporary at-will employment
agreement.
City Administrator Fandino reported on the Resolution Appointing Jim Enriquez to Serve as
Interim Fire Chief and Approving and Authorizing the Execution of a Related Temporary At Will
Employment Agreement. City Administrator Fandino commented that in an effort to stay true to
the City’s commitment to good governance and transparency, Fire Chief Enriquez and City
Administration will provide the City Council status updates periodically as changes continue to
occur with the Fire Department. City Administrator Fandino further addressed everyone’s
concerns about making the transition to Los Angeles Fire Services by assuring that Fire Chief
Enriquez is committed and able to serve in this capacity for up to three years. He further elaborated
that Vernon Fire Services will be in good hands as we journey into the future and acknowledged
the years of service retiring Fire Chief English has provided to the City of Vernon.
Director of Human Resources Earl provided a brief summary of Fire Chief Enriquez’s career and
outstanding qualifications to serve as the Interim Fire Chief for the City of Vernon.
Public Comment:
Marisa Olguin, Vernon Chamber of Commerce commented that the Vernon Chamber of
Commerce approves of the action and is pleased the City acted quickly to fill the position left by
retiring Fire Chief English. She stated the Vernon Chamber of Commerce is very supportive of
the City and the City Administrator to move forward with the recommendations in the independent
matrix study.
It was moved by Council Member Menke and seconded by Council Member Davis to: A. Find
that approval of the proposed actions are exempt from California Environmental Quality Act
(CEQA) review, because they are administrative activities that will not result in direct or indirect
physical changes in the environment, and therefore do not constitute a "project" as defined by
CEQA Guidelines section 15378; and B. Adopt the resolution appointing Jim Enriquez to serve as
Interim Fire Chief of the City of Vernon effective September 17, 2019, and approving and
authorizing the execution of a related temporary at-will employment agreement. Motion carried,
4 - 0.
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
10. Amendment No. 2 to the Services Agreement with Vasquez and Company
LLP for Professional Auditing Services for Fiscal Years 2016-2018
Regular City Council Minutes
September 17, 2019
Page 5 of 9
Recommendation: ACTION: No Action was taken. An item will be placed
on the next City Council Meeting for consideration. A. Find that approval of
the proposed action is exempt from the California Environmental Quality Act
(CEQA), because it is a continuing 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.
Even if such were a project, it would be exempt from CEQA review in
accordance with Section 15061(b)(3), the general rule is that CEQA only
applies to activities that may have a significant effect on the environment; and
B. Find that it is in the best interest of the City to approve a direct award of
the contract and exempt this amendment from competitive selection based on
this determination pursuant to City Code Article IV Section 2.17.12(B)(2);
and
C. Approve Amendment No. 2 to the services agreement with Vasquez &
Company LLP for professional auditing services for fiscal years 2016-2018,
in substantially the same form as submitted herewith, renewing the agreement
through August 6, 2020 for a total not to exceed amount of $110,000 for the
renewal term; and
D. Authorize the City Administrator to execute Amendment No. 2 to provide
Audit Services for one additional Fiscal Year (Year Ended June 30, 2019) to
audit the Annual Financial Report of the City and Epic Land Solution's Phase
II Asset Valuation Report.
Assistant Finance Director Masami reported on Amendment No. 2 to the Services Agreement with
Vasquez and Company LLP for Professional Auditing Services for Fiscal Years 2016-2018.
Council Member Menke inquired as to the time frame of the auditing services provided to the City
by Vasquez & Company LLP and commented that it is a best practice to have an auditing firm for
only four years, and expressed concerns about keeping the firm. Assistant Finance Director
Masami responded accordingly.
A dialogue ensued between City Council and staff regarding good governance and reforms,
Vasquez & Company LLP current accusations arising from legal and criminal charges, the risks
and benefits of hiring a new auditing firm, data accessibility to the new auditors, and recording of
fix assets values as to historical book values. It was noted a Request for Proposal for auditing
services has been issued and proposals will be received in the near future.
No Public Comment provided.
It was moved by Mayor Ybarra and seconded by Mayor Pro Tempore Lopez to not take action on
Amendment No. 2 to the Services Agreement with Vasquez and Company LLP for Professional
Auditing Services for Fiscal Years 2016-2018 and place an item for consideration on the agenda
for the next City Council Meeting scheduled on October 1, 2019. Motion carried, 4 - 0.
Regular City Council Minutes
September 17, 2019
Page 6 of 9
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
11. Services Agreement with Epic Land Solutions, Inc. for Infrastructure
Valuation In Accordance with GASB 34 and 51
Recommendation: A. Find that approval of the proposed action, is exempt
under the California Environmental Quality Act (CEQA), because it is a
continuing 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. Even if such were
considered a project, it would be exempt from CEQA review in accordance
with Section 15061(b)(3), the general rule is that CEQA only applies to
activities that may have a significant effect on the environment; and
B. Find that the best interests of the City are served by a direct award of the
contract without a competitive selection process, pursuant to Section 2.17.12
(B) (2) of the Vernon Municipal Code; and
C. Approve the agreement with Epic Land Solutions, Inc. ("Epic"), in
substantially the same form as submitted herewith, with a term of one year
ending September 16, 2020 at a cost not to exceed $140,000; and
D. Authorize the City Administrator to execute the agreement with Epic to
complete Phase 2 of the infrastructure valuation of Vernon Public Utilities
assets in accordance with GASB 34 and 51.
Assistant Finance Director Masami reported on the Services Agreement with Epic Land
Solutions, Inc. for Infrastructure Valuation in accordance with GASB 34 and 51.
No Public Comment provided.
It was moved by Council Member Menke and seconded by Council Member Davis to: A. Find
that approval of the proposed action, is exempt under the California Environmental Quality Act
(CEQA), because it is a continuing 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. Even if such were considered a project, it would be exempt
from CEQA review in accordance with Section 15061(b)(3), the general rule is that CEQA only
applies to activities that may have a significant effect on the environment; B. Find that the best
interests of the City are served by a direct award of the contract without a competitive selection
process, pursuant to Section 2.17.12 (B) (2) of the Vernon Municipal Code; C. Approve the
agreement with Epic Land Solutions, Inc. ("Epic"), in substantially the same form as submitted
herewith, with a term of one year ending September 16, 2020 at a cost not to exceed $140,000;
and D. Authorize the City Administrator to execute the agreement with Epic to complete Phase 2
of the infrastructure valuation of Vernon Public Utilities assets in accordance with GASB 34 and
51. Motion carried, 4 - 0.
Regular City Council Minutes
September 17, 2019
Page 7 of 9
Yes: Melissa Ybarra, Leticia Lopez, William Davis, Carol Menke
No: None
12. Approval of Amendment No. 1 to a Contract with Interwest Consulting Group
for On-Call Building Plan Check and Inspection Services
Recommendation: A. Find that approval of the proposed amendment to the
Services Agreement with Interwest Consulting Group, 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 Amendment No. 1 to Contract No. CS-0792 for On-Call Building
Plan Check and Inspections Services with Interwest Consulting Group
(“Interwest”), in substantially the same form as submitted herewith, extending
the agreement for an additional three (3) months, with no increase to the not-
to-exceed cost of $195,000; and
C. Authorize the City Administrator to execute Amendment No. 1 with
Interwest to provide additional time to secure a new services agreement, in
accordance with the City’s competitive bidding process.
Director of Public Works Wall reported on Amendment No. 1 to a Contract with Interwest
Consulting Group for On-Call Building Plan Check and Inspection Services.
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 proposed amendment to the Services Agreement with Interwest Consulting
Group, 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; B. Approve
Amendment No. 1 to Contract No. CS-0792 for On-Call Building Plan Check and Inspections
Services with Interwest Consulting Group (“Interwest”), in substantially the same form as
submitted herewith, extending the agreement for an additional three (3) months, with no increase
to the not-to-exceed cost of $195,000; and C. Authorize the City Administrator to execute
Amendment No. 1 with Interwest to provide additional time to secure a new services agreement,
in accordance with the City’s competitive bidding process. 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 September 5th, Vernon PD arrested a suspect
for vandalizing, felony evading, and outstanding warrants; on September 10th, Vernon PD hosted
Coffee with a Cop; on September 11th, Vernon PD honor guard personnel led a brief ceremony as
Regular City Council Minutes
September 17, 2019
Page 8 of 9
they lowered the American Flag in front of City hall to half-staff, in honor of those who lost their
lives in the September 11, 2001 terror attacks; on September 12th, Vernon PD Officers responded
to a burglary in progress, the suspect was apprehended and arrested, and on September 13th,
Vernon PD Detectives conducted a commercial burglary, located, apprehended and arrested the
suspect and recovered the stolen merchandise.
Interim City Clerk Harrington administered the Oath of Office to Interim Fire Chief Enriquez.
Director of Public Works reported that on this past Saturday, a group of volunteers participated in
a tree workshop in preparation for the upcoming Arbor Day Event on September 21st. After a tree
planting ceremony, volunteers will go on to plant 75 trees along area streets and West Coast
Arborist will plant an additional 125 trees.
Interim General Manager of Public Utilities Alemu reported on several power outages throughout
the City.
Assistant Finance Director Masami provided an additional brief summary relating to Vasquez and
Company LLP for Professional Auditing Services.
Interim City Clerk Harrington reported on the Special Municipal Election to be held on October
15, 2019. Voters will have the option to deliver their completed ballots, dated, and signed, to the
Office of the City Clerk, Monday through Thursday from 7:00 a.m. to 5:30 p.m., and on Election
Day from 7:00 a.m. to 8:00 p.m. The first canvass will be on Election Night and the second canvass
on Monday, October 21st at 4:00 p.m. Interim City Clerk Harrington encouraged people to vote
early and turn in their ballots so they can be counted on Election Night.
Interim Fire Chief Enriquez expressed his appreciation to the City Council and staff for the
opportunity to strengthen relationships between the Fire Department, staff and community. He
looks forward to becoming involved in the community and improving the working relationships
and trust in the department.
City Administrator Fandino reported that City Administration is actively recruiting to fill vacant
seats in the Vernon Housing Commission and encouraged the community to get involved. The
City’s Annual Halloween Spectacular is coming soon and a community event is scheduled for
October 30th, from 5:30 p.m. to 7:30 p.m. with more details to be provided.
Mayor Ybarra encouraged everyone to participate and spread the word as to the upcoming tree
planting event. Director of Public Works Wall reported that the Tree Planting Ceremony will be
dedicated to Former Attorney General John Van De Kamp.
CLOSED SESSION
City Council entered Closed Session at 10:07 a.m.
13. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Regular City Council Minutes
September 17, 2019
Page 9 of 9
Agency Designated Representative: Carlos Fandino, City Administrator
Employee Organizations:
Teamsters Local 911,
Vernon Professional Firefighters Association, and
Vernon Fire Management Association
14. 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
15. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
This item was considered at the beginning of the agenda.
Potential Initiation of Litigation.
Government Code Section 54956.9(d)(2)
Number of potential cases: 1
At 10:31 a.m. City Council exited Closed Session. City Attorney Patel reported the cases were
discussed with the City Council with no reportable action taken.
ADJOURNMENT
With no further business, at 10:32 a.m., Mayor Ybarra adjourned the meeting.
________________________
Melissa Ybarra
Mayor
ATTEST:
_________________________
Deborah A. Harrington
Interim City Clerk