20190402 Regular City Council Meeting - Agenda (2)California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the City Council in open session are available for public
inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City
Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City's website at
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Agenda
City of Vernon
Regular City Council Meeting
Tuesday, April 02, 2019, 09:00 AM
City Hall, Council Chamber
4305 Santa Fe Avenue
Vernon, California
Yvette Woodruff -Perez, Mayor
William J. Davis, Mayor Pro-Tem
Luz Martinez, Council Member
Leticia Lopez, Council Member
Melissa Ybarra, Council Member
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT
At this time the public is encouraged to address the City Council on any matter that is within the subject matter
jurisdiction of the City Council The public will also be given a chance to comment on matters which are on the
posted agenda during City Council deliberation on those specific matters.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(d)(2) and (4)
Number of potential cases: 1
Threat of litigation dated March 19, 2019 from Mayor Yvette Woodruff -Perez.
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April 02, 2019
PRESENTATION
2. Police Department
Swear -In Ceremony
Recommendation:
No action required by City Council. This is a presentation only.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the
Consent Calendar by any member of the Council. Those items removed will be considered immediately after the
Consent Calendar.
3. City Clerk
Minutes of the Regular City Council Meeting held on March 19, 2019
Recommendation:
A. Receive and File
1. 2019-03-19 City Council Minutes
4. Finance/ Treasury
Approval of RDA Obligation Retirement Account Warrant Register No. 50 Covering the
Period of January 08 through March 25, 2019
Recommendation:
A. Approve RDA Obligation Retirement Account Warrant Register No. 50 which totals $330.00
and consists of the following:
1) Ratification of electronic payments totaling $330.00.
1. RDA Obligation Retirement Fund Account Warrant Register No. 50
5. Finance/ Treasury
Approval of Operating Account Warrant Register No. 19 Covering the Period of March 12
through March 25, 2019
Recommendation:
A. Approve Operating Account Warrant Register No. 19 which totals $9,344,269.74 and consists
of the following:
1) Ratification of electronic payments totaling $9,163,057.11.
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April 02, 2019
2) Ratification of the issuance of early checks totaling $151,317.67.
3) Authorization to issue pending checks totaling $29,894.96.
1. Operating Account Warrant Register No. 19
6. Fire Department
Fire Department Activity Report for the Period of March 1 through March 15, 2019
Recommendation:
A. Receive and file.
1. Fire Department Activity Report - 03/01/19 to 03/15/19
7. Police Department
Vernon Police Department Activity Log and Statistical Summary for the period of March 1
through March 15, 2019
Recommendation:
A. Receive and file.
1. Police Department Activity Report - 03/01/19 to 03/15/19
Public Utilitie s
Amendment No. 2 to the Services Agreement between the City of Vernon and NewGen
Strategies & Solutions, LLC
Recommendation:
A. Find that approval of this action does not constitute a `project" pursuant to section 15378(b)(2)
of the Guidelines to the California Environmental Quality Act (" CEQA'), because such action
constitutes an administrative activity; and even if the adoption of the proposed item did constitute a
project, it would be exempt in accordance with CEQA Guidelines section 15061(b)(3), the general
rule that CEQA only applies to projects that may have an effect on the environment; and
B. Approve Amendment No. 2 to the Services Agreement with NewGen Strategies & Solutions,
LLC to spend an additional $25,000 and to extend the term of the Agreement from December 31,
2018 to April 30, 2019; and
C. Authorize the City Administrator to execute Amendment No. 2, in substantially the same form as
submitted herewith, for additional work related to the Cost of Service/Rate Design Study for Vernon
Public Utilities.
1. Amendment No. 2 to the Services Agreement between the City of Vernon and NewGen
Strategies & Solutions, LLC
9. Public Works
A Resolution to Adopt a Project Funded by Senate Bill 1: The Road Repair and
Accountability Act of 2047
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Recommendation:
A. Find that the approval of the proposed action, does not constitute a "project" pursuant to
sections 15378(b)(2) and (4) of the Guidelines to the California Environmental Quality Act
("CEQN), because it constitutes an administrative activity and government funding mechanism that
does not involve any commitment to any specific project which may result in a potentially significant
impact on the environment; and even if the adoption of the proposed resolution did constitute a
project, it would be exempt from CEQA in accordance with CEQA Guidelines Sections 15302,
because the proposed project consists of the replacement of existing structures and facilities where
the new structure will be located on the same site as the structure replaced and will have substantially
the same purpose and capacity as the structure replaced; and 15061(b)(3), the general rule that
CEQA only applies to projects that may have a significant effect on the environment; and
B. Adopt a resolution adopting a project funded by Senate Bill 1: The Road Repair and
Accountability Act of 2017 for Fiscal Year 2019/2020.
1. Resolution Senate Bill 1 - The Road Repair and Accountability Act FY 2019-2020
10. Public Works
Public Works Department February 2019 Monthly Building Report
Recommendation:
A. Receive and File.
1. Public Works Department February 2019 Building Report
NEW BUSINESS
11. City Council
A Resolution Approving Censure of Mayor Yvette Woodruff -Perez and Relieving the
Mayor of Her Title for the Duration of Her Term
Recommendation:
A. Find that approval of the resolution is exempt under the California Environmental Quality Act
(CEQA), because such action is a governmental administrative activity that will not result in direct or
indirect physical changes in the environment, and therefore does not constitute a `project" as defined
by CEQA Guidelines section 15378; and
B. Adopt a resolution approving censure of Mayor Yvette Woodruff -Perez and relieving the Mayor
of her title for the duration of her term.
1. Resolution - Censure of Mayor
12. Public Utilities
A Resolution of the City Council of the City of Vernon to Establish and Implement an
Energy Cost Adjustment Billing Factor, Procedure and Computation Method Which
Establishes an Energy Cost Adjustment to be Billed Under All Rate Schedules for Energy
Transmitted, Distributed, and Supplied to City of Vernon Electrical Consumers and
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Repealing Resolution Nos. 9697 and 9892
Recommendation:
A. Find that approval of the proposed Resolution does not constitute a "project" pursuant to
section 15378(b)(2) of the Guidelines to the California Environmental Quality Act ("CEQN),
because the plan to replace the existing Fuel Cost Adjustment with a new Energy Cost Adjustment
referenced in the proposed Resolution constitutes an administrative activity; and even if the adoption
of the proposed plan did constitute a project, it would be exempt in accordance with CEQA
Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects that may have
an effect on the environment; and
B. Adopt a Resolution to establish and implement an Energy Cost Adjustment Billing Factor
('ECABF'), procedure and computation method which establishes an Energy Cost Adjustment to
be billed under all rate schedules for energy transmitted, distributed, and supplied to the City's
electrical consumers and repealing Resolution Nos. 9697 and 9892.
1. Resolution - Energy Cost Adjustment Billing Factor (ECABF)
13. Public Utilities
A Resolution Amending Electric Rate Schedule Nos. CS, D, GS-1, GS-2, LS-1, LS-2,
OL-1, PA-1, PA-2, PA-TOU, TC-1, TOU GS-1, TOU GS-2, TOU PA-1, TOU-D, TOU-G,
and TOU-V and Adopting Electric Rate Schedule No. TOU-Vt regarding Electrical Rates
to be Charged for Electrical Energy Distributed and Supplied by the City within its
Boundaries
Recommendation:
A. Find that adoption of the proposed Resolution does not constitute a `project" pursuant to
section 15378(b)(2) of the Guidelines to the California Environmental Quality Act ("CEQN),
because the plan to augment the existing electric rate structure constitutes an administrative activity;
and even if the adoption of the proposed Resolution did constitute a project, it would be exempt in
accordance with CEQA Guidelines section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
B. Adopt a Resolution Amending Electric Rate Schedule Nos. CS, D, GS-1, GS-2, LS-1, LS-2,
OL-1, PA-1, PA-2, PA-TOU, TC-1, TOU GS-1, TOU GS-2, TOU PA-1, TOU-D, TOU-G,
and TOU-V and adopting Electric Rate Schedule No. TOU-Vt, authorizing the implementation of a
four-year electric rate adjustment plan whereby rates for all customer classes would increase by
0.8% effective July 1, 2019; an additional 1.9% effective July 1, 2020; an additional 4% effective
July 1, 2021; and an additional4% effective July 1, 2022.
1. Resolution Amending Electric Rate Schedules
14. Public Works
A Resolution Approving and Accepting the Grant Deed Dedicating in Fee a Portion of the
Property Located at 5400 Alcoa Avenue
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Recommendation:
A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act
("CEQN) 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 a Resolution Approving and Accepting the Grant Deed Dedicating in Fee a Portion of the
Property Located at 5400 Alcoa Avenue.
1. Resolution - 5400 Alcoa Avenue Grant Deed
2. Final GD - 5400 Alcoa
3. Certificate of Acceptance - Grant Deed at 5400 Alcoa
ORAL REPORTS
City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator
and Department Heads.
City Council Reports — brief AB1234 reports, or report on: activities, announcements, or directives to staff.
CLOSED SESSION
15. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(2)
In the Matter of. Victoria Golf Course Site (Former BKK Carson Dump) Carson,
California
California Environmental Protection Agency, Department of Toxic Substances Control
Docket No. HSA-CO 05/06-114
Docket No. I&SE-RAO 05/06-014
Number of potential cases: 1
The City is a potential real party in interest with liability for environmental remediation at
a landfill located in Carson, CA.
16. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator
R
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Employee Organizations: Vernon Firemen's Association and Vernon Fire Management
Association
17. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: 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
18. 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. The City is seeking to terminate the PPTA and recover millions in
damages.
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe
Avenue, Vernon, California., and on the City's website, not less than 72 hours prior to the meeting date set forth
on this agenda.
Dated this 28th day of March, 2019.
AIR
Maria E. Ayala
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City Clerk
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