20190416 Regular City Council Meeting - Amended AgendaCalifornia 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 www.cityofvemon.org.
Americans with Disabilities Act ("ADA"): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at
least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that
reasonable arrangements can be made to provide accessibility to the meeting or service.
UPDATED Agenda
City of Vernon
Regular City Council Meeting
Tuesday, April 16, 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.
ELECTIONS
City Clerk
A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of
the General Municipal Election held on April 9, 2019, Declaring the Result and Such
Other Matters as Provided by Law
Recommendation:
*****NOTE*****
This staff report was updated based on the results from the second, and final, Canvassing of
the Votes that took place on Monday, April 15, 2019 at 3 p.m. in Council Chambers.
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A. Find that the proposed actions are exempt from California Environmental Quality Act
("CEQA") review, because each is an administrative activity of government 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. Moreover, even if the
activity in question were a project, it would be exempt from CEQA review, in accordance
with 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 declaring the results of the General Municipal Election held April 9,
2019, declaring that Carol R. Menke is elected to the Office of Member of the City Council.
1. Resolution Reciting the Fact of the General Municipal Election held on April 9, 2019
(Updated on April 15, 2019)
2. City Clerk
Election of Mayor and Mayor Pro Tempore
Recommendation:
A. Find that election of Mayor and Mayor Pro Tempore do not constitute a "project"
pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality
Act ("CEQA"), because it constitutes an administrative activity that will not result in direct or
indirect physical changes to the environment; and even if the proposed actions did constitute a
project, they would be exempt from CEQA in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the environment;
and
B. Elect one of its members as Mayor; and
C. Elect one of its members as Mayor Pro Tempore.
PRESENTATION
Human Resources
Employee Service Pin Awards for March 2019
Recommendation:
No action required by City Council. This is a presentation only.
1. March 2019 Employee Service Pin Awards
4. City Administration
Proclamation Honoring Retiring Council Member Luz Martinez
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April 16, 2019
Recommendation:
A. Acknowledge and present a proclamation and commemorative flag to retiring City
Council Member Luz Martinez in recognition of her dedicated service to the City of Vernon.
1. Proclamation Honoring Retiring Council Member Luz Martinez
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.
5. City Clerk
Claim for Damages from Saul Romero received on April 9, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: S. Romero 4-9-2019
6. City Clerk
Claim for Damages from Francisco Molina received on April 10, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: F. Molina 4-10-2019
7. City Clerk
Minutes of the Regular City Council Meeting Held on April 2, 2019
Recommendation:
A. Receive and File
1. 2019-04-02 City Council Minutes
8. Finance/ Treasury
Approval of City Payroll Warrant Register No. 754 Covering the Period of March 01
through March 31, 2019
Recommendation:
A. Approve City Payroll Warrant Register No. 754 which totals $2,901,559.93 and consists
of the following:
1) Ratification of direct deposits, checks and taxes totaling $2,277,051.04.
2) Checks and electronic fund transfers (EFT) paid through General bank account totaling
$624,508.89.
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1. City Payroll Warrant Register No. 754
9. Finance/ Treasury
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. 11 to record voided Check No. 601409 in the
amount of $5,456.56 issued 11/20/18 to United 26, Inc.
2) Operating Account Warrant Register No. 19 to record voided Check No. 602510 in the
amount of $385.00 issued 03/21/19 to Gray, Brandon.
10. Finance/ Treasury
Approval of Operating Account Warrant Register No. 20 Covering the Period of March
26 through April 08, 2019
Recommendation:
A. Approve Operating Account Warrant Register No. 20 which totals $3,558,082.46 and
consists of the following:
1) Ratification of electronic payments totaling $3,068,414.63.
2) Ratification of the issuance of early checks totaling $442,684.98.
3) Authorization to issue pending checks totaling $46,982.85.
1. Operating Account Warrant Register No. 20
11. Fire Department
Fire Department Activity Report for the Period of March 16 through March 31, 2019
Recommendation:
A. Receive and file.
1. Fire Department Activity Report - 03/16/19 to 03/31/19
12. Police Department
Vernon Police Department Activity Log and Statistical Summary for the period of
March 16 through March 31, 2019
Recommendation:
A. Receive and file.
1. Police Department Activity Report - 03/16/19 to 03/31/19
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ORAL REPORTS
City Administrator Reports — brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
City Council Reports — brief AB 1234 reports, or report on: activities, announcements, or directives to staff.
CLOSED SESSION
13. Public Works
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Assessor's Parcel Numbers: 6314-003-001, 6314-003-800, 6304-007-800, 6304-010-806,
6314-033-802, 6314-033-271, and 6304-007-274
Agency negotiator: Carlos Fandino, City Administrator
Negotiating parties: Krystal Enterprises, LLC, Burlington North Santa Fe Railway
Company, and Los Angeles Department of Water and Power
Under negotiation: Price and Terms of Payment
14. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (2)
Government Code Section 54956.9(d)(1)
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
Jerry Chavez v. City of Vernon
Los Angeles Superior Court Case No. BC719460
15. 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 (11MGS11), and issued multiple
Notices of Default under that certain Power Purchase Tolling Agreement, dated as of
April 10, 2008 (as amended, the "PPTA"). Subsequently, Bicent has initiated suit
against the City (see "Existing Litigation" closed session item). The City's Notices of
Default related to Bicent's failure to timely repair equipment, failure to timely produce
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Regular City Council Meeting UPDATED Agenda
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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.
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 12th day of April, 2019.
Lo
Maria E. Ayala
City Clerk
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