20190521 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.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.
Agenda
City of Vernon
o e Regular City Council Meeting
Tuesday, May 21, 2019, 09:00 AM
City Hall, Council Chamber
4305 Santa Fe Avenue
Vernon, California
p5 �¢ Melissa Ybarra, Mayor
't'&tr tis;� Leticia Lopez, Mayor Pro-Tem
r William Davis, Council Member
Carol Menke, Council Member
Vacant, 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.
PRESENTATION
1. Human Resources
Employee Service Pin Awards for April 2019
Recommendation:
No action required by City Council. This is a presentation only.
1. Service Pin List for April 2019
2. Fire Department
Badge Presentation Ceremony
Recommendation:
No action required by City Council. This is a presentation only.
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3. Public Utilities
Presentation of Public Utilities' Mission and Commitment to Customer Competitiveness
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.
4. City Clerk
Claim for Damages from Kimberly Perez received on May 6, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: K. Perez 5-6-2019
5. City Clerk
Minutes of the Regular City Council Meeting Held on May 7, 2019
Recommendation:
A. Receive and File
1. 2019-05-07 City Council Minutes
6. City Administration
Council Conference Attendance Report
Recommendation:
A. Find that receiving this Council Conference Attendance Report is exempt from California
Environmental Quality Act("CEQA")review, because it is an administrative activity of
government 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.
7. City Administration
Approval of Support and Maintenance Agreement with Advanced Utility Systems, a
division of N. Harris Computer Corporation
Recommendation:
A. Find that the approval of a Support and Maintenance Agreement with Advanced Utility
Systems, a division of N. Harris Computer Corporation ("Advanced Utility Systems") is
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May 21, 2019
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. Approve a Support and Maintenance Agreement with Advanced Utility Systems, in
substantially the same form as submitted herewith, for a term of three years and a total
amount not-to-exceed$143,614.05; and
C. Authorize the City Administrator to execute the Agreement with Advanced Utility
Systems with effective dates of July 1, 2019 - June 30, 2022.
1. AUS Vernon Support and Maintenance Agreement 5-1-19
8. City Administration
Approval of an Attorney Services Agreement(Transactional) between the City of
Vernon and Best Best & Krieger LLP for Legal Consulting Services Regarding City
Owned Housing
Recommendation:
A. Find that approval of the proposed Attorney Services Agreement(Transactional)with
Best Best&Krieger LLP 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 the proposed Attorney Services Agreement(Transactional) ("Agreement") with
Best Best& Krieger LLP ("BBK"), in substantially the same form as submitted herewith, for
a term of three years and an amount not to exceed $60,000 for legal consulting services
regarding City-owned housing; and
C. Authorize the City Administrator to execute the proposed Agreement with BBK with an
effective date of May 20, 2019.
1. Best Best Krieger- Attorney Services (Transactional Agreement re Housing
9. City Attorney
Approval of an Attorney Services Agreement(Transactional) between the City of
Vernon and Best Best & Krieger LLP to Provide Specialized Outside Legal Services
Recommendation:
A. Find that approval of the proposed Attorney Services Agreement (Transactional)with
Best Best&Krieger LLP 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
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B. Approve an Attorney Services Agreement(Transactional)between the City of Vernon and
Best Best&Krieger LLP, in substantially the same form as submitted herewith, for an
amount not to exceed $75,000.00; and
C. Authorize the City Administrator to execute the Attorney Services Agreement
(Transactional)between the City of Vernon and Best Best& Krieger LLP for a three year
term with an effective date of May 20, 2019.
1. Best Best& Krieger LLP Attorney Services Agreement (Transactional)
10. Finance/Treasury
Approval of City Payroll Warrant Register No. 755 Covering the Period of April 01
through April 30, 2019
Recommendation:
A. Approve City Payroll Warrant Register No. 755 which totals $2,945,966.31 and consists
of the following:
1) Ratification of direct deposits, checks and taxes totaling $2,339,400.17.
2) Checks and electronic fund transfers (EFT)paid through Operating bank account totaling
$606,566.14.
1. City Payroll Warrant Register No. 755
11. Finance/Treasury
Approval of Operating Account Warrant Register No. 22 Covering the Period of April
30 through May 13, 2019
Recommendation:
A. Approve Operating Account Warrant Register No. 22 which totals $2,817,365.16 and
consists of the following:
1) Ratification of electronic payments totaling $2,316,982.18.
2) Ratification of the issuance of early checks totaling $396,838.64.
3) Authorization to issue pending checks totaling $103,544.34.
1. Operating Account Warrant Register No. 22
12. Fire Department
Fire Department Activity Report for the Period of April 16 through April 30, 2019
Recommendation:
A. Receive and file.
1. Fire Department Activity Report- 04/16/19 to 04/30/19
13. Police Department
Vernon Police Department Activity Log and Statistical Summary for the period of April
16 through April 30, 2019
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Recommendation:
A. Receive and file.
1. Police Department Activity Report- 04/16/19 to 04/30/19
NEW BUSINESS
14. City Clerk
Approval of a Resolution for City Council Appointments/Reappointments as
Representatives to Various Agencies and/or Committees
Recommendation:
A. Find that approval of the proposed Resolution updating the City Council appointments
does 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; and even if the adoption of the proposed resolution did constitute a project, it 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. Appoint Council Members as delegate(s) and alternate(s), as well as some key staff as
either delegate(s) and/or alternate(s)to the following boards of various agencies and/or
committees as follows:
1. California Contract Cities Association.
Appoint William J. Davis as the delegate; and Melissa Ybarra as the alternate.
Previous appointment,pursuant to Resolution No. 2018-15: William J. Davis as the delegate;
and Melissa Ybarra as the alternate.
2. Central Basin Water Association.
Appoint Carol R. Menke as the delegate; William J. Davis as the alternate; and reaffirm the
City of Vernon's General Manager of Public Utilities, or his/her designee, to also serve as the
City's alternate.
Previous appointment,pursuant to Resolution No. 2018-15: William J. Davis as the delegate;
Yvette Woodruff-Perez as the alternate; and reaffirm the City of Vernon's General Manager
of Public Utilities, or his/her designee,to also serve as the City's alternate.
3. County Sanitation District No. 1.
Appoint Melissa Ybarra as the Presiding Officer of the city of Vernon to serve as the City's
member on the Board of Directors of County Sanitation District No. 1; and William J. Davis
as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette Woodruff-Perez as the
presiding officer of the City of Vernon to serve as the City's member on the Board of
Directors of County Sanitation District No. 1; and William J. Davis as the alternate.
4. County Sanitation District No. 2.
Appoint Melissa Ybarra to serve as the City's delegate to the Board of Directors of County
Sanitation District No. 2; and William J. Davis as the alternate.
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Previous appointments, pursuant to Resolution No. 2018-15: Yvette Woodruff-Perez to serve
as the City's delegate to the Board of Directors of County Sanitation District No. 2; and
Melissa Ybarra as the alternate.
5. County Sanitation District No. 23.
Appoint current City Council (Melissa Ybarra, William J. Davis, Leticia Lopez, and Carol R.
Menke)to serve as the Board of Directors to County Sanitation District No. 23.
Previous appointments, pursuant to Resolution No. 2018-15, appointed then City Council:
Yvette Woodruff-Perez, William J. Davis, Luz A. Martinez, Leticia Lopez, and Melissa
Ybarra.
6. Gateway Cities Council of Governments.
Appoint William J. Davis as the delegate; and Melissa Ybarra as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: William J. Davis as the delegate;
and Melissa Ybarra as the alternate.
7. Independent Cities Association of Los Angeles County.
Appoint William J. Davis as the delegate and Carol R. Menke as the alternate.
Previous appointments, made pursuant to Resolution No. 2018-15: William J. Davis as the
delegate; and Yvette Woodruff-Perez as the alternate.
8. Independent Cities Finance Authority.
Appoint Leticia Lopez as the delegate and Carol R. Menke as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Leticia Lopez as the delegate;
and Yvette Woodruff-Perez as the alternate.
9. League of California Cities.
Appoint William J. Davis as the delegate; and Melissa Ybarra and Leticia Lopez as the
alternates.
Previous appointments, pursuant to Resolution No. 2018-15: William J. Davis as the delegate;
and Yvette Woodruff-Perez and Leticia Lopez as the alternates.
10. Southeast Community Development Corporation.
Appoint Melissa Ybarra as the delegate; and Carol R. Menke as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Leticia Lopez as the delegate;
and Luz Martinez as the alternate.
11. Southeast Water Coalition.
Appoint Melissa Ybarra as the delegate; and Leticia Lopez as the alternate; and, reaffirm that
said appointed representatives shall also be the City's representatives to attend board and
committee meetings held by the Replenishment District of Southern California, Central Basin
Municipal Water District and the Authority and any other water-related meeting which affect
the City of Vernon.
Previous appointments, pursuant to Resolution No. 2018-15: Appoint Melissa Ybarra as the
delegate; and Yvette Woodruff-Perez as the alternate; and,reaffirm that said appointed
representatives shall also be the City's representatives to attend board and committee
meetings held by the Replenishment District of Southern California, Central Basin Municipal
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Water District and the Authority and any other water-related meeting which affect the City of
Vernon.
12. Southern California Association of Governments.
Appoint Carol R. Menke as the delegate; and William J. Davis as the alternate.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette Woodruff-Perez as the
delegate; and William J. Davis as the alternate.
13. Vernon Solid Waste Hearing Panel.
Appoint Melissa Ybarra, Leticia Lopez, and Carol R. Menke to serve on the Hearing Panel
for the Local Enforcement Agency for Solid Waste Facilities.
Previous appointments, pursuant to Resolution No. 2018-15: Yvette Woodruff-Perez, Luz
Martinez, and Melissa Ybarra to serve on the Hearing Panel for the Local Enforcement
Agency for Solid Waste Facilities
C. Adopt a Resolution of the City Council of the City of Vernon designating and appointing
its representatives and alternates to the boards of various agencies and/or committees.
D. Authorize the City Clerk to complete California Form 806, Agency Report of. Public
Official Appointments, and post in accordance with state laws and/or regulations.
1. Boards and Commissions Overview 2019
2. Council Appointment to Various Agencies Committees Resolution 2019
15. Public Utilities
Approval of Amendment No. 3 to the Electric System Service and Maintenance
Agreement between the City of Vernon and Petrelli Electric,Inc.
Recommendation:
A. Find that approval of the proposed amendment is exempt from California Environmental
Quality Act("CEQA")review,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; and
B. Approve Amendment No. 3 to the Electric System Service and Maintenance Agreement
("Agreement") for Electric System Maintenance with Petrelli Electric, Inc., in substantially
the same form as submitted herewith, to update union wages/staffing requirements, service
scope, and expenditure cap components of the existing Agreement; and
C. Authorize the City Administrator to execute the proposed Amendment No. 3 between the
City of Vernon and Petrelli Electric, Inc., with an effective date of May 21, 2019.
1. Amendment No. 3 to Agreement w/Petrelli Electric Inc.
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.
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CLOSED SESSION
16. 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
17. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (2)
(Government Code Section 54956.9(d)(1))
City of Vernon vs. Dennis Roberts, et al,
Los Angeles Superior Court Case No. 19NWUD00831
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.
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
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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 16th day of May, 2019.
By:
Maria E. Ayala
City Clerk
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