20190604 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
Regular City Council Meeting
o,F Vej, Tuesday, June 04, 2019, 07:30 AM
,w 0 ***PLEASE NOTE THE EARLY START
TIME***
City Hall, Council Chamber
4305 Santa Fe Avenue
dN RI01
Vernon, California
''R r 1r�°'' Melissa Ybarra, Mayor
Leticia Lopez, Mayor Pro-Tem
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. City Administration
Fiscal Year 2019/2020 Budget Study Sessions
1. Budget Overview- presented by Carlos Fandino, City Administrator
2. City Clerk Department-presented by Maria Ayala, City Clerk
3. Finance Department-presented by Bill Fox,Director of Finance
4. Health & Environmental Control Department-presented by Freddie Agyin,Director
of Health & Environmental Control
5. Human Resources Department-presented by Michael Earl, Director of Human
Resources
6. Information Technology Division -presented by Ernesto Smith,Information
Technology Manager Page 1 of 8
Regular City Council Meeting Agenda
June 04, 2019
Recommendation:
No action required by City Council. This is a presentation only.
2. City Administration
A Proclamation for Gautier Land Company
Recommendation:
A. Present a proclamation to Gautier Land Company in Recognition of their 100th
Anniversary.
1. Proclamation - Gautier Land Company
3. Police Department
Drug Abuse Resistance Education (D.A.R.E.) Program Essay Awards
Recommendation:
No action required by City Council. This is a presentation only.
4. City Administration
Presentation of Grantee Certificates and Report on FY 2018/2019 Docket IV Grants
Awarded by Vernon CommUNITY Fund Grant Committee
Recommendation:
A. Find that receiving this report on grants awarded by the Vernon CommUNITY Fund
Grant Committee is exempt from California Environmental Quality Act("CEQA")review,
because it is an administrative action 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. Present Certificates to FY 2018/2019 Docket IV Recipients for Direct Service Grants,
Capital Grants, and Scholarship Grants; and
C. Receive and file this report, as it is being provided for informational purposes only
pursuant to Section 2.167(e) of the Vernon Municipal Code.
5. City Administration
Proclamation Honoring Former Council Member Yvette Woodruff-Perez
Recommendation:
A. Acknowledge and present a proclamation to former City Council Member Yvette
Woodruff-Perez in recognition of her dedicated service to the City of Vernon.
1. Proclamation -Yvette Woodruff-Perez
Page 2 of 8
Regular City Council Meeting Agenda
June 04, 2019
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.
6. City Clerk
Claim for Damages from Christina Sanchez received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: C. Sanchez 05-20-2019
7. City Clerk
Claim for Damages from Christian V. Miranda received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: C. V. Miranda 05-20-2019
8. City Clerk
Claim for Damages from Christopher M. Miranda received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: C. M. Miranda 05-21-2019
9. City Clerk
Claim for Damages from Carlos Sanchez Jr. received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: C. Sanchez Jr. 05-20-2019
10. City Clerk
Claim for Damages from Angel S. Miranda received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: A. Miranda 05-20-2019
11. City Clerk
Claim for Damages from Aiddan M. Sanchez received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: A. Sanchez 05-20-2019
Page 3 of 8
Regular City Council Meeting Agenda
June 04, 2019
12. City Clerk
Claim for Damages from Jasmine Sanchez received on May 20, 2019
Recommendation:
A. Receive and File
1. Claim for Damages: J. Sanchez 05-20-2019
13. City Clerk
Minutes of the Regular City Council Meeting Held on May 21, 2019
Recommendation:
A. Receive and File
1. 2019-05-21 City Council Minutes
14. 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.
15. Finance/Treasury
Approval of Operating Account Warrant Register No. 23 Covering the Period of May
14 through May 27, 2019
Recommendation:
A. Approve Operating Account Warrant Register No. 23 which totals $5,994,409.51 and
consists of the following:
1) Ratification of electronic payments totaling $5,507,435.02.
2) Ratification of the issuance of early checks totaling $432,574.84.
3) Authorization to issue pending checks totaling $54,399.65.
1. Operating Account Warrant Register No. 23
16. 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. 5 to record voided Check No. 600560 in the
amount of$85.06 issued 07/31/18 to Quinones, Ana.
2) Operating Account Warrant Register No. 8 to record voided Check No. 600905 in the
amount of$17.20 issued 09/11/18 to Stevenson Jr, Kent.
Page 4 of 8
Regular City Council Meeting Agenda
June 04, 2019
3) Operating Account Warrant Register No. 9 to record voided Check No. 601039 in the
amount of$11.99 issued 09/27/18 to Lucas, Jason.
4) Operating Account Warrant Register No. 12 to record voided Check No. 601511 in the
amount of$8.72 issued 11/20/18 to Swinford, Phillip.
5) Operating Account Warrant Register No. 14 to record voided Check No. 601722 in the
amount of$26.70 issued 12/18/18 to Quinones, Ana.
6) Operating Account Warrant Register No. 22 to record voided Check No. 602841 in the
amount of$80.50 issued 05/02/19 to Cortez, Justin.
17. Finance/Treasury
Approval of RDA Obligation Retirement Account Warrant Register No. 52 Covering
the Period of April 30 through May 27, 2019
Recommendation:
A. Approve RDA Obligation Retirement Account Warrant Register No. 52 which totals
$60.00 and consists of the following:
1) Ratification of electronic payments totaling $60.00.
1. RDA Obligation Retirement Fund Account Warrant Register No. 52
18. Fire Department
Fire Department Activity Report for the Period of May 1 through May 15, 2019
Recommendation:
A. Receive and file.
1. Fire Department Activity Report- 05/01/19 to 05/15/19
19. Police Department
Vernon Police Department Activity Log and Statistical Summary for the period of May
1 through May 15, 2019
Recommendation:
A. Receive and file.
1. Police Department Activity Report - 05/01/19 to 05/15/19
20. Public Utilities
Award of a Services Agreement to Interstate Gas Services dba IGService to Conduct an
Update to the Water Rate Study
Recommendation:
A. Find that approval of the proposed Services Agreement is exempt under the California
Environmental Quality Act CEQA"), 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. Determine that the award of the proposed agreement is in the best interest of the City and,
therefore, exempt from the competitive selection process per Section 2. 17. 12 (B)(3) of the
Vernon Municipal Code; and
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June 04, 2019
C. Approve a Services Agreement with Interstate Gas Services, Inc. dba IGService ("
IGService"), in substantially the same form as submitted herewith, in an amount not to exceed
$14,000 to update the April 2018 Water Rate Study; and
D. Authorize the City Administrator to execute a Services Agreement with IGService with an
effective date of June 4, 2019 and termination date of June 30, 2020.
1. Interstate Gas Services Professional Services Agreement
21. Public Works
Public Works Department April 2019 Monthly Building Report
Recommendation:
A. Receive and File
1. Public Works Department April 2019 Building Report
NEW BUSINESS
22. Public Utilities
Award of Construction Contract to General Pump Company, Inc. for On-Call Well and
Booster Pump Repairs
Recommendation:
A. Find that the proposed action is categorically exempt from California Environmental
Quality Act("CEQA")review, in accordance with CEQA Guidelines § 15301,because the
project consists of the maintenance, repair or minor alteration of existing facilities and
involves negligible or no expansion of an existing use; and
B. Accept the bid from General Pump Company, Inc., as the lowest responsive and
responsible bidder; and
C. Approve a Construction Contract with General Pump Company, Inc., in substantially the
same form as attached herewith, in an amount not to exceed$600,000.00 for a one year term;
and
D. Authorize the City Administrator to execute the Construction Contract with General
Pump Company, Inc. with an effective date of July 1, 2019.
1. Construction Contract with General Pump Company, Inc
23. Public Works
Atlantic Boulevard Bridge Rehabilitation and Widening Project,Agreement Change
Order No. 9 (Contract No. CS-0099)
Recommendation:
A. Find that the approval of the proposed change order in this staff report is within the Initial
Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions
under the California Environmental Quality Act(CEQA) in accordance with Section 15063 of
the CEQA Guidelines; and
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June 04, 2019
B. Approve Agreement Change Order No. 9, in substantially the same form as submitted
herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal
Project No. DBPL02-5139(010), Contract No. CS-0099, extending the contract length and
authorizing CNS Engineers, Inc., to provide the additional engineering design and
coordination services as described below for the additional cost of$114,994.20, increasing
the total contract cost to $1,887,168.48; and
C. Authorize the City Administrator to execute Agreement Change Order No. 9, extending
the project schedule from July 1, 2019 to December 31, 2020.
1. Agreement Change Order No. 9
2. Request for Change Order No. 9
24. Public Works
A Resolution Approving and Accepting the Grant Deed Dedicating in Fee a Portion of
the Property Located at 4328 Alcoa Avenue
Recommendation:
A. Find that accepting the Grant Deed is exempt from the California Environmental Quality
Act ("CEQA") 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 dedicating in fee a
portion of the property located at 4328 Alcoa Avenue for approximately 3,567.5 square feet
of land.
1. Resolution- Grant Deed 4328 Alcoa
2. Certificate of Acceptance
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
25. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (5)
(Government Code Section 54956.9(d)(1))
City of Vernon v.Dennis Roberts, et al,Los Angeles Superior Court Case No.
19NWUD00831
Reina Lopez v. City of Vernon, et al, Los Angeles Superior Court Case No. BC713375
Marco Garcia-Martinez v. City of Vernon, et al, Los Angeles Superior Court Case No.
BC689446
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June 04, 2019
Mayra Jimenez v. City of Vernon, et al, Los Angeles Superior Court Case No.
BC717856
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
26. 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
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 30th day of May, 2019.
By:
Maria E. Ayala
City Clerk
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