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20190806 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 OF V Regular City Council Meeting oak Tuesday, August 06, 2019, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California 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. PUBLIC HEARING 1. Public Works A Resolution of the City Council of the City of Vernon Approving a Conditional Use Permit for Shewak & Lajwanti Holdings, LLC to Construct and Operate a Retail - Commercial Center Located at 3165 Slauson Avenue Recommendation: A. Conduct a Public Hearing; and B. Adopt a resolution approving a conditional use permit to allow Shewak & Lajwanti Holdings, LLC to construct and operate a retail -commercial center, subject to the conditions of approval for the property located at 3165 Slauson Avenue Page 1 Regular City Council Meeting Agenda August 06, 2019 1. Resolution - Approving CUP for Shewak Lajwanti Holdings LLC 2. Notice of Public Hearing 3. Notice of Intent 4. Affidavit of Mailing 5. CUP Application PRESENTATION 2. Human Resources Recognition of Retired Employee - Martin J. Sanchez, Street Maintenance Worker Recommendation: A. Acknowledge and present a proclamation to retired employee Martin J. Sanchez, Street Maintenance Worker, in recognition of his dedicated service to the City of Vernon. 1. Proclamation - Martin J. Sanchez 3. Police Department Swear -In Ceremony Recommendation: No action is required by City Council. This is a presentation only. 4. Public Works Fiscal Year 2019/2020 Public Works Reorganization/Budget Study Session 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 Clerk Claim for Damages from Noe Carrera received on July 15, 2019 Recommendation: A. Receive and File 1. Claim for Damages: N. Carrera 7-15-19 6. City Clerk Claim for Damages from Natalie E. Lloyd received on July 22, 2019 Recommendation: A. Receive and File 1. Claim for Damages: N. Lloyd 7-22-19 Page 2 Regular City Council Meeting Agenda August 06, 2019 7. City Clerk Minutes of the Regular City Council Meeting Held on July 16, 2019 Recommendation: A. Receive and File 2019-07-16 City Council Minutes City Council Approval of Federal Funds for Street Improvements Account Warrant Register No. 29 Covering the Period of July 09 through July 29, 2019 Recommendation: A. Approve Federal Funds for Street Improvements Account Warrant Register No. 29 which totals $8,754.60 and consists of the following: 1) Ratification of electronic payments totaling $8,754.60. Federal Funds for Street Improvements Warrant Register No. 29 9. City Council Approval of Operating Account Warrant Register No. 27 Covering the Period of July 09 through July 29, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 27 which totals $13,808,325.86 and consists of the following: 1) Ratification of electronic payments totaling $13,230,468.15. 2) Ratification of the issuance of early checks totaling $577,857.71. 1. Operating Account Warrant Register No. 27 10. City Council Approval of RDA Obligation Retirement Account Warrant Register No. 54 Covering the Period of June 25 through July 29, 2019 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 54 which totals $2,669.04 and consists of the following: 1) Ratification of electronic payments totaling $2,669.04. 1. RDA Obligation Retirement Fund Account Warrant Register No. 54 11. Fire Department Fire Department Activity Report for the Period of July 1 through July 15, 2019 Page 3 Regular City Council Meeting Agenda August 06, 2019 Recommendation: A. Receive and file. 1. Fire Department Activity Report - 07/01/19 to 07/15/19 12. 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. 13. Police Department Vernon Police Department Activity Log and Statistical Summary for the period of June 16 through June 30, 2019 Recommendation: A. Receive and file. 1. Police Department Activity Report - 06/16/19 to 06/30/19 14. Public Utilities Allowed Pumping Allocation Lease with the City of Long Beach Recommendation: A. Find that approval of the proposed action is 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 § 15378. B. Approve a lease of 1,000 acre-feet of Allowed Pumping Allocation from the City of Long Beach for fiscal year 2018-2019; and C. Approve a lease of 1,000 acre-feet of Allowed Pumping Allocation to the City of Long Beach for fiscal year 2019-2020; and D. Authorize the City Administrator to execute the Water Rights License and Agreements for the abovementioned leases with the City of Long Beach. 1. FY 2018-2019 Water Rights License and Agreement 2. FY 2019-2020 Water Rights License and Agreement 15. Public Works Public Works Department June 2019 Monthly Building Report Recommendation: Page 4 Regular City Council Meeting Agenda August 06, 2019 A. Receive and File. 1. Public Works Department June 2019 Building Report NEW BUSINESS 16. City Administration A Resolution Approving and Authorizing an Agreement with the Fire Protection District of Los Angeles County for the Provision of Fire Protection, Paramedic and Incidental Services in the City of Vernon Recommendation: A. Find that the adoption of the proposed resolution 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. Adopt a resolution approving and authorizing an agreement with the Fire Protection District of Los Angeles County ("LA County Fire") for the provision of fire protection, paramedic, and incidental services in the City of Vernon. 1. Resolution - Agreement w/ Consolidated Fire Protection District of Los Angeles County 2. Fire Service Comparison Chart 17. City Administration Appointment of Eligible Individuals to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that the appointment of eligible individuals to serve on 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. Appoint a current City Council Member to serve on the Vernon CommUNITY Fund Grant Committee in a City Council Seat with a term of July 1, 2019 to June 30, 2021; and C. Appoint an eligible individual to serve on the Vernon CommLTNITY Fund Grant Committee in Vernon Area Representative Seat No. 2 with a term of July 1, 2019 to June 30, 2021; and D. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in Vernon Area Representative Seat No. 3 with a term of July 1, 2019 to June 30, 2021; and E. Ratify the Mayor's appointment of Mark Gonzalez to serve on the Vernon CommUNITY Fund Grant Committee to fill an unexpired term in a Legislative Representative Seat until the term expires on June 30, 2020. Page 5 Regular City Council Meeting Agenda August 06, 2019 1. Announcement to Individuals that Reside or Work in the Vernon Area and Prospective Committee Member Interest Form 2. Two Completed Interest Forms for Vernon Area Representative Seat (Redacted) 3. Official Recommendation for Mark Gonzalez from Assemblymember Santiago 18. Human Resources A Resolution Adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution in Accordance with Government Code Section 20636(b)(1) and Repealing All Resolutions in Conflict Therewith Recommendation: A. Find that approval of the attached resolution in this staff report is 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. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, to reflect the following provisions: 1) Amend Section 4: Compensatory Time 2) Amend Section 6: Vacation 3) Amend Section 7: Sick Leave 4) Amend Section 10: Jury Duty 5) Amend Section 14: Vision Insurance 6) Amend Section 15: Life Insurance 7) Amend Section 17: California Public Employees Retirement System (CalPERS) Contribution 8) Amend Section 20: Bilingual Pay 9) Amend Exhibit A Classification and Compensation Plan 1. Resolution - Amended and Restated Citywide Fringe Benefits and Salary Resolution 19. Human Resources A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association Recommendation: A. Find that approval of the attached resolution in this staff report is 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. Adopt the attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association 1. Resolution - VPMA MOU 2019-2022 Page 6 Regular City Council Meeting Agenda August 06, 2019 20. Human Resources A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers Benefit Association Recommendation: A. Find that approval of the attached resolution in this staff report is 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. Adopt the attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers Benefit Association. 1. Resolution - VPOBA MOU 2019-2022 21. Human Resources A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Teamsters Local 911 Recommendation: A. Find that approval of the attached resolution in this staff report is 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. Adopt the attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Teamsters Local 911. 1. Resolution - Teamsters MOU 2019-2022 22. Public Utilities A Resolution Approving and Authorizing the Execution of a Master Services Agreement for Upstream Internet Access Services with Centurylink Communications, LLC, and Repealing All Resolutions In Conflict Therewith Recommendation: A. Find that approval of the proposed action in this staff report is exempt under the California Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a "project" as that term is defined by CEQA Guidelines section 15378; and B. Adopt a Resolution Approving and Authorizing the Execution of a Master Services Agreement for Upstream Internet Access Services with Centurylink Communications, LLC, and Repealing All Resolutions In Conflict Therewith. 1. Resolution - CenturyLink MSA Page 7 Regular City Council Meeting Agenda August 06, 2019 23. Public Utilities A Resolution Approving and Authorizing the Execution of a Service Level Performance Agreement for Upstream Internet Access Services with Broadband, LLC, and Repealing All Resolutions in Conflict Therewith Recommendation: A. Find that approval of the proposed action in this staff report is exempt under the California Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a "project" as that term is defined by CEQA Guidelines section 15378; and B. Adopt a Resolution approving and authorizing the execution of a Service Level Performance Agreement for Upstream Internet Access Services with Broadband, LLC, and Repealing All Resolutions in Conflict Therewith. 1. Resolution - Service Level Performance Agreement with Broadband LLC 24. Public Works Approval of Agreement Regarding the Public At -Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California by and between the Union Pacific Railroad Company and the City of Vernon Recommendation: A. Find that the proposed action — i.e., entering into an agreement with Union Pacific Railroad Company ("Union Pacific") —is categorically exempt under the California Environmentally Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities) part (d) and Section 15303 (New Construction or Conversion of Small Structures) part (d), because the Project is merely to upgrade existing equipment and add an additional appurtenant equipment; and B. Authorize the City Administrator to execute the Public At -Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California ("Agreement") by and between Union Pacific and the City of Vernon ("City"). 1. Public At Grade Crossing Agreement by and between Union Pacific and City of Vernon 25. Public Works The Public At -Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California by and between the City of Vernon and Marquez Produce, Inc. Recommendation: A. Find that the proposed action — i.e., entering into an agreement with Marquez Produce, Inc. ("Marquez Produce") —is categorical y exempt under the California Environmental y Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities) part (d) and Section 15303 (New Construction or Conversion of Small Structures) part (d), because the Project is merely to upgrade existing equipment and add an additional appurtenant equipment; and Page 8 Regular City Council Meeting Agenda August 06, 2019 B. Authorize the City Administrator to execute the Public At -Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California ("Agreement") by and between City of Vernon ("City") and Marquez Produce. 1. Public At -Grade Crossing Agreement by and between the City of Vernon and Marquez Produce ORAL REPORTS City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator and Department Heads. CLOSED SESSION 26. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 27. 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 28. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Christian N. Moscoso vs. City of Vernon Workers Compensation Appeals Board Case Nos. ADJ10013898 and ADJ10884450 29. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (2) Government Code Section 54956.9(d)(1) Bicent (California) Malburg LLC et al. v. City of Vernon et al., Los Angeles Superior Court Case Nos. 19STCV08859 and 19STCP02411 City of Vernon v. Bicent (California) Malburg LLC et al. JAMS Reference No. 1220062657 Page 9 Regular City Council Meeting Agenda August 06, 2019 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 set forth on this agenda. Dated this 1 st day of August 2019. Lo Deborah A. Harrington, Interim City Clerk Page 10