20191203 Regular City Council Meeting - 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.
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participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at
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Agenda
City of Vernon
OF V
Regular City Council Meeting
oak
Tuesday, December 03, 2019, 09:00 AM
City Hall, Council Chamber
•
4305 Santa Fe Avenue
N
Vernon, California
Melissa Ybarra, Mayor
Leticia Lopez, Mayor Pro-Tem
William Davis, Council Member
Carol Menke, Council Member
Diana Gonzales, 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
Human Resources
Recognition of Retired Employee - Craig Peltier, Fire Battalion Chief
Recommendation:
A. Acknowledge and present a proclamation to retired employee Craig Peltier, Fire Battalion
Chief, in recognition of his dedicated service to the City of Vernon.
1. Craig Peltier Proclamation
Page 1 of 8
Regular City Council Meeting Agenda
December 03, 2019
2. Human Resources
Recognition of Retiring Employee - Ana E. Quinones, Police Officer
Recommendation:
A. Acknowledge and present a proclamation to retiring employee Ana E. Quinones, Police
Officer, in recognition of her dedicated service to the City of Vernon.
1. Ana E. Quinones Proclamation
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.
3. Police Department
Vernon Police Department Activity Log and Statistical Summary for the period of
October 16 through October 31, 2019
Recommendation:
A. Receive and file.
1. Police Department Activity Report - 10/16/19 to 10/31/19
4. Public Works
Public Works Department October 2019 Monthly Building Report
Recommendation:
A. Receive and file.
1. October 2019 Building Report
5. Public Works
Acceptance of Electrical Easement at 4224 District Blvd. (APN 6304-027-025)
Recommendation:
A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a
"project" as that term is defined under the California Environmental Quality Act (CEQA)
Guidelines Section 15378, and even if it were a project, it would be categorically exempt in
accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of
an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3)
(general rule that CEQA only applies to projects that may have a significant effect on the
environment); and
B. Accept the Electrical Easement and authorize the Mayor to execute the Certificate of
Acceptance.
1. Electrical Easement - 4224 District Blvd.
2. Certificate of Acceptance - EE 4224 District
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Regular City Council Meeting Agenda
December 03, 2019
6. Public Utilities
Second Amendment to the Memorandum of Understanding for the Purposes of the
National Pollutant Discharge Elimination System Municipal Separate Storm Sewer
System Permit Requirements
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental Quality
Act ("CEQA") review, because it is an administrative and governmental fiscal activity which
does not involve any commitment to any specific project and 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. Furthermore, even if the proposed action were
subject to CEQA review, the action is exempt in accordance with CEQA Guidelines §
15061(b)(3), the general rule that CEQA only applies to activities that may have a significant
effect on the environment, for the reason that any construction that may occur in the future
relying on this approval would be- and has been- subject to CEQA review at that time;
B. Approve the Second Amendment to the Memorandum of Understanding ("MOU") between
the Los Angeles Gateway Regional Water Management Joint Powers Authority ("GWMA")
and the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, Vernon
and the Los Angeles County Flood Control District ("FCD"), (hereinafter collectively referred
to as the "Watershed Permittees") for an extension to the term of the MOU to update and
continue implementing a Watershed Management Program ("WMP") and Coordinated
Integrated Monitoring Program ("CIMP") as required by the Regional Water Quality Control
Board, Los Angeles Region ("Regional Board"), National Pollutant Discharge Elimination
System ("NPDES") Municipal Separate Storm Sewer System ("MS4") Permit Order No. R4-
2012-0175 (hereinafter referred to as the "Second Amendment to the MOU"); and
C. Authorize the City Administrator to execute the Second Amendment to the MOU with
GWMA.
1. Second Amendment to the Memorandum of Understanding with GWMA
7. Public Utilities
Amendment No. 1 to the Services Agreement with CH2M Hill Engineers, Inc., for
Environmental Support Services
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 section 15378;
B. Approve Amendment No. 1 to the Services Agreement ("Agreement") with CH2M Hill
Engineers, Inc., in substantially the same form as submitted, to amend Exhibit C of the
Agreement to accurately reflect the amount and allocation of funding needed to support the
City with its environmental compliance needs during the remaining phases of the contract, with
no increase in the total not -to -exceed contract amount; and
C. Authorize the City Administrator to execute the Amendment No. 1 to the Agreement with
CH2M Hill Engineers, Inc. with an effective date of December 3, 2019.
1. Amendment No. 1 with CH2M Hill Engineers, Inc.
Page 3 of 8
Regular City Council Meeting Agenda
December 03, 2019
8. Fire Department
Ratify the Execution of an Agreement to Accept Ownership of 12 Vehicles from Kia
Motors America, Inc. for Vehicle Extrication Training
Recommendation:
A. Find that approval of the proposed donation is exempt under the California Environmental
Quality Act ("CEQA") review, because it is a government 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. Ratify execution of the Donation Acceptance Form and the Agreement, in substantially the
same form as submitted, with Kia Motors America, Inc. for the donation of 12 new vehicles.
1. Kia Motors America, Inc. - Donation Acceptance Form and Agreement to Accept Ownership
of Vehicles
9. City Attorney
Approval of Amendment No. 1 to the Attorney Services Agreement (Litigation) Between
the City of Vernon and Burke, Williams & Sorensen, LLP for Specialized Outside Legal
Services
Recommendation:
A. Find that approval of the proposed action 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;
B. Approve Amendment No. 1 to the Attorney Services Agreement (Litigation) with Burke,
Williams & Sorensen, LLP ("Burke Williams"), in substantially the same form as submitted,
to increase the total not -to -exceed amount by an additional $150,000.00; and
C. Authorize the City Administrator to execute Amendment No. 1 to the Attorney Services
Agreement (Litigation) with Burke Williams with an effective date of December 3, 2019.
1. Amendment No. 1 - Burke, Williams and Sorensen
10. Health and Environmental Control Department
Award of a Services Agreement to Industrial Environmental Association (IEA) to provide
Environmental Compliance, Outreach, Training, and Education Services
Recommendation:
A. Find that approval of the proposed action 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;
B. Approve the Services Agreement with Industrial Environmental Association (IEA), in
substantially the same form as submitted, to provide environmental compliance outreach,
training, and education services for a period of three years and an amount not -to -exceed
$150,000; and
C. Authorize the City Administrator to execute the proposed Services Agreement with IEA
with an effective date of December 1, 2019.
1. Services Agreement with Industrial Environmental Association
Page 4 of 8
Regular City Council Meeting Agenda
December 03, 2019
11. 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.
12. Finance/ Treasury
Approval of RDA Obligation Retirement Account Warrant Register No. 56 Covering the
Period of November 12 through November 25, 2019
Recommendation:
A. Approve RDA Obligation Retirement Account Warrant Register No. 56 which totals
$2,702.30 and consists of the following:
1) Ratification of electronic payments totaling $2,702.30.
1. RDA Obligation Retirement Account Warrant Register No. 56
13. Finance/ Treasury
Approval of Operating Account Warrant Register No. 35 Covering the Period of
November 12 through November 25, 2019
Recommendation:
A. Approve Operating Account Warrant Register No. 35 which totals $11,102,930.59 and
consists of the following:
1) Ratification of electronic payments totaling $10,715,256.02.
2) Ratification of the issuance of early checks totaling $344,781.87.
3) Authorization to issue pending checks totaling $42,892.70.
1. Operating Account Warrant Register No. 35
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Regular City Council Meeting Agenda
December 03, 2019
NEW BUSINESS
14. City Clerk
April 14, 2020 General Municipal Election
Recommendation:
A. Find that this action is exempt from the 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;
B. Adopt a Resolution calling and giving notice of an all -mail ballot General Municipal
Election to be held on Tuesday, April 14, 2020 for the election of a City Council Member as
required by the provisions of the Charter of the City of Vernon and submitting a ballot measure
to amend the Charter related to Mayoral rotation and a ballot measure levying a transactions
and use tax to the voters at said election;
C. Determine authors of arguments and rebuttals;
D. Adopt a Resolution requesting the Board of Supervisors of the County of Los Angeles to
render specified services to the City relating the conduct of the General Municipal Election to
be held on Tuesday, April 14, 2020; and
E. Direct the City Clerk to transmit a copy of the measures to the city attorney for preparation
of impartial analyses.
1. Resolution Calling Election
2. Resolution No. 2014-64 regarding Candidate Statements
3. Resolution Requesting County Services
15. City Administration
Resolution Appointing Tilahun (Abraham) Alemu to Serve as General Manager of Public
Utilities and Approving and Authorizing the Execution of a Related At -Will Employment
Agreement
Recommendation:
A. Find that approval of the proposed actions are exempt from California Environmental
Quality Act (CEQA) review, because they are administrative activities 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; and
B. Adopt a resolution appointing Tilahun Alemu to Serve as General Manager of Public
Utilities for the City of Vernon effective December 3, 2019, and approving and authorizing the
execution of a related at -will employment agreement.
1. Resolution Appointing Tilahun (Abraham) Alemu to Serve as General Manager of Public
Utilities
Page 6 of 8
Regular City Council Meeting Agenda
December 03, 2019
16. Public Utilities
Access and License Agreement with the Water Replenishment District of Southern
California
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. Furthermore, even if the proposed action were subject
to CEQA review, the action is exempt in accordance with CEQA Guidelines § 15061(b)(3), the
general rule that CEQA only applies to activities that may have a significant effect on the
environment, for the reason that any construction that may occur in the future relying on this
approval would be- and has been- subject to CEQA review at that time and the Department of
Toxic Substances Control (DTSC) would be- and has been- the lead agency;
B. Approve an Access and License Agreement with the Water Replenishment District of
Southern California, in substantially the same form as submitted, in the amount of twenty-seven
thousand dollars ($27,000) per year and adjusted annually based upon increases in the
Consumer Price Index; and
C. Authorize the City Administrator to execute the Access and License Agreement for an initial
term of twenty years, with an option to extend the term for four additional five-year terms.
1. Access and License Agreement with Water Replenishment District
ORAL REPORTS
City Administrator Reports — brief reports on activities and other brief announcements by the City
Administrator.
City Council Reports — brief AB 1234 reports, or report on: activities, announcements, or directives to staff.
CLOSED SESSION
17. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (4 cases)
Government Code Section 54956.9(d)(1)
Bicent (California) Malburg LLC et al. v. City of Vernon et al.,
Los Angeles Superior Court Case No. 19STCV08859 and JAMS Reference No. 1100107175
City of Vernon v. Bicent (California) Malburg LLC
Los Angeles Superior Court Case No. 19STCP02411 and JAMS Reference No. 1220062657
City of Vernon v. Dennis Roberts, et al.,
Los Angeles Superior Court Case No. 19NWUD02332
Torres et al. v. City of Vernon et al.,
Court of Appeal Case No. B288558; Los Angeles Superior Court Case No. BC620265
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Regular City Council Meeting Agenda
December 03, 2019
18. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator
Employee Organizations: Vernon Professional Firefighters Association, and Vernon Fire
Management Association
19. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant Exposure to Litigation
Government Code Section 54956.9(d)(2)
Number of potential cases: 2
Facts and Circumstances: Pursuant to Government Code Section 54956.9(e)(3), the City
has received notice that the Vernon Professional Firefighters Association has filed an
Unfair Practice Charge related to the City's decision to contract with the Los Angeles
County Fire Protection District for fire protection and related coverage services during
the transition period; the City has not yet received confirmation of this filing from the
Public Employment Relations Board.
Facts and Circumstances: Pursuant to Government Code Section 54956.9(e)(3), the City
has received written communication threatening litigation on behalf of the Vernon Fire
Management Association, which communication is made available for public inspection
pursuant to Section 54957.5.
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 27th day of November 2019.
Lo
Lisa Pope, City Clerk.
Page 8 of 8