20190507 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
www. c ityo fvemon. org.
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participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least
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Agenda
City of Vernon
Regular City Council Meeting
Tuesday, May 07, 2019, 07:30 AM
***PLEASE NOTE THE EARLY START
TIME***
City Hall, Council Chamber
4305 Santa Fe Avenue
Vernon, California
Melissa Ybarra, Mayor
Leticia Lopez, Mayor Pro-Tem
Yvette Woodruff -Perez, Council Member
William Davis, Council Member
Carol Menke, 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.
CITY COUNCIL TRAINING SESSION
City Attorney
Governance Training Workshop
Presented by: Jeff Ballinger, Best Best & Krieger
PRESENTATION
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May 07, 2019
2. City Administration
A Proclamation Declaring the Month of April 2019 as "DMV/Donate Life California
Month" in the City of Vernon
Recommendation:
A. Present a proclamation declaring the month of April 2019 as 'DMV/Donate Life California
Month" in the City of Vernon.
1. Proclamation - Donate Life
3. Police Department
Award Presentation for California Highway Patrol (CHP) "10851" Grand Theft Auto
Re cove ry
Presented by: Vernon Police Department in conjunction with a CHP Representative
Recommendation:
No action required by the City Council. This is a presentation only.
4. 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.
5. City Attorney
Approval of an Attorney Services Agreement (Litigation & Advisory) between the City of
Vernon and Rutan & Tucker LLP, to provide specialized outside legal services.
Recommendation:
A. Find that approval of the proposed Attorney Services Agreement (Litigation) with Rutan &
Tucker is exempt from California Environmental Quality Act ('CEQA') review, because it is a
continuing administrative and fiscal 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. Approve an Attorney Services Agreement (Litigation & Advisory) between the City of Vernon
and Rutan & Tucker, in substantially the same form as submitted herewith, for an amount not to
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May 07, 2019
exceed $200,000.00; and
C. Authorize the City Administrator to execute the Attorney Services Agreement (Litigation &
Advisory) between the City of Vernon and Rutan & Tucker for a three year term with an effective
date of April 10, 2019.
1. Ratan Tucker - Attorney Services (Litigation and Advisory) Agreement 2019-2022.pdf
6. City Clerk
Minutes of the Regular City Council Meeting Held on April 16, 2019
Recondation:
A. Receive and File
1. 2019-04-16 City Council Minutes
7. 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. 6 to record voided Check No. 600723 in the amount
of$500.00 issued 08/23/18 to HSA Bank.
2) Operating Account Warrant Register No. 18 to record voided Wire No. 8044 in the amount of
$23,779.50 issued 02/28/19 to Epic Land Solutions, Inc.
3) Operating Account Warrant Register No. 20 to record voided Check No. 602572 in the
amount of $3,664.00 issued 03/28/19 to Reporting Systems, Inc.
Finance/ Treasury
Approval of Federal Funds for Street Improvements Account Warrant Register No. 27
Covering the Period of March 26 through April 29, 2019
Recommendation:
A. Approve Federal Funds for Street Improvements Account Warrant Register No. 27 which
totals $1,835.10 and consists of the following:
1) Ratification ofelectronic payments totaling $1,835.10.
1. Federal Funds for Street Improvements Warrant Register No. 27
9. Finance/ Treasury
Approval of Operating Account Warrant Register No. 21 Covering the Period of April 09
through April 29, 2019
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Recomrnendation:
A. Approve Operating Account Warrant Register No. 21 which totals $8,439,597.49 and consists
of the following:
1) Ratification of electronic payments totaling $7,894,498.85.
2) Ratification of the issuance of early checks totaling $482,673.74.
3) Authorization to issue pending checks totaling $62,424.90.
1. Operating Account Warrant Register No. 21
10. Finance/ Treasury
Approval of RDA Obligation Retirement Account Warrant Register No. 51 Covering the
Period of March 26 through April 29, 2019
Recomrnendation:
A. Approve RDA Obligation Retirement Account Warrant Register No. 51 which totals $1005.00
and consists of the following:
1) Ratification of electronic payments totaling $1005.00.
1. RDA Obligation Retirement Fund Account Warrant Register No. 51
11. Fire Department
Fire Department Activity Report for the Period of April 1 through April 15, 2019
Recommendation:
A. Receive and file.
1. Fire Department Activity Report - 04/01/19 to 04/15/19
12. Health and Environmental Control Department
Approval of Service Agreement with Arion Global, Inc., for Management of the City's
2019 Electronic Waste (E-Waste) Recycling Event
Recommendation:
A. Find that because the proposed one day waste collection event at the fire station is an action
taken to protect the environment and constitutes normal operations of the fire station, the activity and
proposed agreement is categorically exempt from the California. Environmental Quality Act (CEQA),
pursuant to CEQA Guidelines sections 15308 (actions taken to protect the environment), 15323
(normal operations of public facilities) and 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
B. Approve a Service Agreement with Arion Global, Inc., in substantially the same form as
submitted herewith, for E-waste pick-up and disposal services in connection with the City's 2019
Electronic Waste (E-Waste) Recycling Event; and
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C. Authorize the City Administrator to execute the Services Agreement with Arion Global, Inc., for
management of the recycling event scheduled for Wednesday, May 15, 2019.
1. Service Agreement
2.2019 Recycling Event Flyer
13. Police Department
Vernon Police Department Activity Log and Statistical Summary for the period of April 1
through April 15, 2019
Recommendation:
A. Receive and file.
1. Police Department Activity Report - 04/01 /19 to 04/15/19
14. Public Works
Public Works Department March 2019 Monthly Building Report
Recommendation:
A. Receive and File.
1. Public Works Department March 2019 Building Report
NEW BUSINESS
15. Human Resources
A Resolution Appointing Tilahun (Abraham) Y. Ale mu To Serve As The Interim General
Manager of Public Utilities
Recommendation:
A. Find that approval of the attached resolution in this staff report is exempt from California
Environmental Quality Act (CEAQ) review, because it is a general 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 appointing Tilahun (Abraham) Y. Alemu to serve as the Interim
General Manager of Public Utilities effective May 7, 2019.
1. Resolution - Appointment of Interim GM of Public Utilities
16. Public Utilities
Change Order No. 1 to the Construction Contract CS-0636 between the City of Vernon and
General Pump Company, Inc.
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
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May 07, 2019
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 Change Order No. 1 to the Construction Contract with General Pump Company, in
substantially the same form as submitted herewith, to extend the term of the Agreement from January
19, 2019 to July 19, 2019; and
C. Authorize the City Administrator to execute Change Order No. 1 for additional work related to
the On -Call Services for the Removal, Repair and Reinstallation of Well and Booster Pump
Equipment and Rehabilitation of Production Wells for Vernon Public Utilities.
1. Change Order No. 1 with General Pump Company, Inc.
17. Public Works
A Resolution Approving and Accepting the Grant Deed for the Property Located at 4224
District Boulevard
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 the proposed resolution approving and accepting the Grant Deed for approximately
2,191 square feet of land located at 4224 District Boulevard and authorizing the Mayor to execute
the Certificate of Acceptance.
1. Resolution Approving & Accepting Deed at 4224 District
2. Certificate of Acceptance
18. Public Works
A Resolution Authorizing the Use of the Design -Build Capital Project Delivery Method for
the Los Angeles River Closure Devices Project
Recommendation:
A. Find that approval of the Resolution is exempt from California Environmental Quality Act
("CEQN) review, because approving the method by which a contractor will be selected 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 a Resolution Authorizing the Use of the Design -Build Project Delivery Method for the
Los Angeles River Closure Devices Project.
1. Resolution - Authorizing Use of Design -Build. Method
ORAL REPORTS
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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
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 Professional Firefighters Association,
Vernon Fire Management Association,
Vernon Police Management Association, and
Vernon Police Officers' Benefit Association
20. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
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
21. 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
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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. Based on these claims, the City provided notice to Bicent that it disputed
certain invoices and would exercise its payment withholding rights under certain dispute
resolution provisions in the PPTA. Subsequently, on April 22, 2019, Bicent issued a Notice
of Event of Default for failure to pay.
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 2nd day of May, 2019.
Maria E. Ayala.
City Clerk
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