20220517 City Council MinutesMINUTES
VERNON CITY COUNCIL
REGULAR MEETING
TUESDAY, MAY 17, 2022
COUNCIL CHAMBER, 4305 SANTA FE AVENUE
CALL TO ORDER
Mayor Lopez called the meeting to order at 9:02 a.m.
FLAG SALUTE
Mayor Lopez led the Flag Salute.
ROLL CALL
PRESENT:
Leticia Lopez, Mayor
Crystal Larios Mayor Pro Tem
William Davis, Council Member
Melissa Ybarra, Council Member
ABSENT:
Judith Merlo, Council Member (absent)
STAFF PRESENT:
Carlos Fandino, City Administrator
Angela Kimmey, Deputy City Administrator
Zaynah Moussa, Interim City Attorney
Lisa Pope, City Clerk
Scott Williams, Finance Director
Fredrick Agyin, Health and Environmental Control Director
Michael Earl, Human Resources Director
Roberto Sousa, Police Chief
Abraham Alemu, Public Utilities General Manager
Todd Dusenberry, Public Utilities Assistant General Manager
Dan Wall, Public Works Director
APPROVAL OF THE AGENDA
City Clerk Pope requested Item No. 17 be tabled and removed from the agenda.
MOTION
Mayor Pro Tem Larios moved and Council Member Ybarra seconded a motion to
approve the agenda, with Item No. 17 tabled. The question was called and the
motion carried 4-0, Council Member Merlo absent.
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PUBLIC COMMENT
None.
PRESENTATIONS
1. Employee Service Pin Awards for April 2022
Recommendation: No action required by City Council. This is a presentation only.
Human Resources Director Earl acknowledged Richard Villegas, Police Officer;
Fernando A. Valenzuela, Police Officer; and Eliseo Genera III, Civilian Court
Officer as the Employee Service Pin Award recipients for April 2022.
2. Fiscal Year 2022-2023 Proposed Budget Workshop III
Recommendation: No action required by City Council. This is a presentation only.
City Administrator Fandino and Finance Director Williams presented the report.
CONSENT CALENDAR
Mayor Lopez pulled Item No. 13 to continue to the next meeting.
MOTION
Mayor Pro Tem Larios moved and Council Member Davis seconded a motion to
approve the Consent Calendar, with the exception of Item No. 13. The question
was called and the motion carried 4-0, Council Member Merlo absent.
The Consent Calendar consisted of the following items:
3. Approval of Minutes
Recommendation: Approve the May 3, 2022 Regular City Council meeting
minutes.
4. City Payroll Warrant Register
Recommendation: Approve City Payroll Warrant Register No. 791, for the period
of April 1 through April 30, 2022, totaling $2,617,881.01 and consisting of
ratification of direct deposits, checks and taxes totaling $1,702,557.64 and
ratification of checks and electronic fund transfers (EFT) for payroll related
disbursements totaling $915,323.37 paid through operating bank account.
5. Operating Account Warrant Register
Recommendation:
Approve Operating Account Warrant Register No. 87, for the period of April 17
through April 30, 2022, totaling $15,324,464.99 and consisting of ratification of
electronic payments totaling $15,001,664.33 and ratification of the issuance of
early checks totaling $322,800.66.
6. Fire Department Activity Report
Recommendation: Receive and file the March 2022 Fire Department Activity
Report.
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7. Police Department Activity Report
Recommendation: Receive and file the March 2022 Police Activity Report.
8. Acceptance of Work and Notice of Completion for Contract CS-1373
Sealcoat and Restriping of City Hall Parking Structure Lower-Level
Recommendation: A. Find that 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; B. Accept
the work of ABC Resources, Inc. as related to City Contract No. CS-1373 –
Sealcoat and Restriping of City Hall Parking Structure Lower-Level; and C.
Authorize staff to submit the Notice of Completion for the project to the County of
Los Angeles Recorder’s Office.
9. Acceptance of Work and Notice of Completion for Contract CS-1267 Alameda
Street Repairs at Union Railroad Crossing.
Recommendation: A. Find that 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; B. Accept
the work of Onyx Paving Company Inc. Inc. as related to City Contract No. CS-
1267 – Alameda Street Repairs at Union Railroad Crossing; and C. Authorize staff
to submit the Notice of Completion for the project to the County of Los Angeles
Recorder’s Office.
10. Amendment No. 3 to the Services Agreement with Southeast Area Animal
Control Authority (SEAACA)
Recommendation: Approve and authorize the Mayor to execute Amendment No.
3 to the Services Agreement with SEAACA for animal control services to update
the schedule of fees effective July 1, 2022.
11. Green Vernon Commission Work Plan and Budget for Fiscal Year (FY) 2022-
2023
Recommendation: Approve the proposed Green Vernon Commission Work Plan
and request for budget authorization for FY 2022-2023.
12. Attorney Services Agreement with Burke, Williams & Sorensen, LLP
Recommendation: Approve and authorize the City Administrator to enter into an
Attorney Services Agreement with Burke, Williams & Sorensen, LLP, in
substantially the same form as submitted, for a term of three years and an amount
not to exceed $150,000 for general litigation and municipal advisory services.
14. Attorney Services Agreement (Transactional) with Stradling Yocca Carlson
& Rauth for Specialized Legal Services
Recommendation: Approve and authorize the City Administrator to execute an
Attorney Services Agreement with Stradling Yocca Carlson & Rauth (Stradling), in
substantially the same form as submitted, for specialized legal services in
connection with the development and implementation of the first modernized data
center within the City, for a total amount not to exceed $50,000, for a one-year
term effective May 17, 2022.
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15. Emergency Purchases Secured by the City Administrator
Recommendation: Receive and file report on emergency purchases secured by
the City Administrator as it is provided for informational purposes only, pursuant
to Section 3.32.250 of the Vernon Municipal Code (VMC).
16. Purchase Contract with Ocean Blue Environmental Services, Inc. (Ocean
Blue) for As-Needed Environmental Clean-Up Services
Recommendation: A. Find that the proposed action is exempt from California
Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines
Section 15308, because the action is being carried out by a regulatory agency to
maintain, restore, or enhance the environment, where the regulatory process
includes procedures to protect the environment; and B. Authorize the issuance of
a Purchase Contract with Ocean Blue for an amount not-to-exceed $50,000 for as-
needed environmental emergency clean-up services.
The following item was tabled:
13. Attorney Services Agreement (Transactional) with Stradling Yocca Carlson
& Rauth for Specialized Legal Services
Recommendation: Approve and authorize the City Administrator to execute an
Attorney Services Agreement with Stradling Yocca Carlson & Rauth (Stradling), in
substantially the same form as submitted, for specialized legal services in
connection with the development and implementation of the first modernized data
center within the City, for a total amount not to exceed $50,000, for a one-year
term effective May 17, 2022.
NEW BUSINESS
16. City Council Appointments to Outside Agencies
Recommendation: Affirm or modify appointments of representatives and/or
alternates to various outside agencies.
City Clerk Pope presented the staff report.
MOTION
Mayor Pro Tem Larios moved and Council Member Ybarra seconded a motion to:
affirm current appointments of representatives and/or alternates to various outside
agencies and appoint the following:
• California Contract Cities Association – Council Member Ybarra, Delegate and
Mayor Lopez Alternate
• Gateway Cities Council of Governments - Council Member Ybarra, Delegate
and Mayor Lopez, Alternate
• Independent Cities Association - Council Member Ybarra, Delegate
The question was called and the motion carried 4-0, Council Member Merlo
absent.
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17. Declaration of Surplus Land
Recommendation: A. Find that approval of the proposed action is exempt from
California Environmental Quality Act (CEQA) review, because the designation of
the property as surplus does not have the potential for creating a significant effect
on the environment and is therefore exempt from further review it is not a “project”
as defined by the CEQA Guidelines Section 15378. Adoption of the Resolutions
does not have the potential for resulting in either a direct physical change in the
environment of a reasonably foreseeable indirect physical change in the
environment. If and when either property is sold to a purchaser and the purchaser
proposes a use for the property that requires a discretionary permit and CEQA
review, that future use and project will be analyzed at the appropriate time in
accordance with CEQA; B. Adopt Resolution No. 2022-13 declaring pursuant to
Government Code Section 54221 that real property owned by the City of Vernon
located in an unincorporated area of Kern County, is surplus land and not
necessary for the City's use, finding that such declaration is exempt from
environmental review under the California Environmental Quality Act, and taking
related actions; and C. Adopt Resolution No. 2022-14 declaring pursuant to
Government Code Section 54221 that real property owned by the City of Vernon
located at 2221 East 55th Street, Vernon, California, identified as assessor's parcel
number 6308-016-900, is surplus land and not necessary for the City's use, finding
that such declaration is exempt from environmental review under the California
Environmental Quality Act, and taking related actions.
This item was tabled upon approval of the agenda.
18. Professional Services Agreement with Bell Burnett & Associates (BB&A) for
Specialized Advisory Services
Recommendation: A. Find that the proposed Services Agreement with BB&A is
exempt from competitive selection pursuant to Vernon Municipal Code (VMC)
Section 3.32.110 as the best interests of the City are served by a direct award of
the contract without a competitive selection process; and B. Approve and authorize
the City Administrator to execute a Professional Services Agreement with BB&A,
in substantially the same form as submitted, to provide specialized advisory
services in connection with the development and implementation of the first
modernized data center located within the City, in an amount not to exceed
$315,000, for a term of nine (9) months.
Public Utilities Assistant General Manager Dusenberry presented the staff report.
MOTION
Council Member Ybarra moved and Council Member Davis seconded a motion to:
A. Find that the proposed Services Agreement with BB&A is exempt from
competitive selection pursuant to Vernon Municipal Code (VMC) Section 3.32.110
as the best interests of the City are served by a direct award of the contract without
a competitive selection process; and B. Approve and authorize the City
Administrator to execute a Professional Services Agreement with BB&A, in
substantially the same form as submitted, to provide specialized advisory services
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in connection with the development and implementation of the first modernized
data center located within the City, in an amount not to exceed $315,000, for a
term of nine (9) months. The question was called and the motion 4-0, Council
Member Merlo absent.
ORAL REPORTS
City Administrator Reports on Activities and other Announcements.
City Administrator Fandino discussed the South Coast Air Quality Management
District monitoring of Sterigenics’ facilities in Vernon; and his and Deputy City
Administrator attendance at the recent Contract Cities Association Annual
Seminar. He reminded the Council of the Westside Specific Plan EIR Comment
Period ending on May 20, and announced upcoming events including Vernon
CommUNITY Fund Grant Committee Meeting on May 18, at 10 a.m., Vernon’s
2022 Graduation & Summer Kick-off on June 9, and Vernon’s Job Fair on June 23,
2022.
City Clerk Pope reminded the Council and community of the opportunity to apply
for the City’s Commissions and Committees.
City Council Reports on Activities (including AB 1234), Announcements, or
Directives to Staff.
None.
RECESS
Mayor Lopez recessed the meeting to Closed Session at 9:32 a.m.
CLOSED SESSION
19. 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 Police Management Association, and
Vernon Police Officers’ Benefit Association
20. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (4)
Government Code Section 54956.9(d)(1)
City of Vernon vs. Keith Whitworth, et al.
Los Angeles Superior Court Case No. 22NWUD00364
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City of Vernon v. All Persons Interested, et al. [Pension Obligation Bonds]
Los Angeles Superior Court Case No. 22NWCP00091
Jerry Chavez v. City of Vernon
Los Angeles Superior Court Case No. BC719460
Jerry Chavez v. City of Vernon
Workers Compensation Appeals Board Case Nos. ADJ9399030,
ADJ7318651, ADJ8209963, ADJ11306961, ADJ12149354, ADJ14872597,
and ADJ15306780
RECONVENE
At 10:33 a.m., Mayor Lopez adjourned Closed Session and reconvened the regular
meeting.
Mayor Pro Tem Larios left the meeting.
CLOSED SESSION REPORT
Interim City Attorney Moussa reported that the Council met in Closed Session, discussed
the items on the agenda, and took no reportable action.
CONSENT CALENDAR (Continued):
13. Attorney Services Agreement (Transactional) with Stradling Yocca Carlson
& Rauth for Specialized Legal Services
Recommendation: Approve and authorize the City Administrator to execute an
Attorney Services Agreement with Stradling Yocca Carlson & Rauth (Stradling), in
substantially the same form as submitted, for specialized legal services in
connection with the development and implementation of the first modernized data
center within the City, for a total amount not to exceed $50,000, for a one-year
term effective May 17, 2022.
MOTION
Council Member Ybarra moved and Council Member Davis seconded a motion to
approve and authorize the City Administrator to execute an Attorney Services
Agreement with Stradling Yocca Carlson & Rauth (Stradling), in substantially the
same form as submitted, for specialized legal services in connection with the
development and implementation of the first modernized data center within the
City, for a total amount not to exceed $50,000, for a one-year term effective May
17, 2022. The question was called and the motion carried 3-0, Mayor Pro Tem
Larios and Council Member Merlo absent.
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ADJOURNMENT
Mayor Lopez adjourned the meeting at 10:34 a.m.
______________________________
LETICIA LOPEZ, Mayor
ATTEST:
__________________________
LISA POPE, City Clerk
(seal)
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