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20200303 Regular City Council Meeting - AgendaAgenda City of Vernon Regular City Council Meeting Tuesday, March 03, 2020, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Melissa Ybarra, Mayor Leticia Lopez, Mayor Pro Tern William Davis, Council Member Carol Menke, Council Member Diana Gonzales, Council Member CALL TO ORDER FLAG SALUTE ROLL CALL 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. 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. 1. City Clerk Approval of Minutes Recommendation: Approve the February 18, 2020 Regular City Council meeting minutes. 1. 2020-02-18 City Council Minutes Page 2of6 Regular City Council Meeting Agenda March 03, 2020 2. Finance/ Treasury Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 40, for the period of February 2 through February 15, 2020, which totals $4,367,717.51 and consists of ratification of electronic payments totaling $4,028,259.82 and ratification of the issuance of early checks totaling $339,457.69. 1. Operating Account Warrant Register No. 40 3. Finance/ Treasury RDA Obligation Retirement Account Warrant Register Recommendation: Approve RDA Obligation Retirement Account Warrant Register No. 57, for the period of January 19 through February 15, 2020, consisting of ratification of electronic payments totaling $7,000. 1. RDA Obligation Retirement Account Warrant Register No. 57 4. Public Works Public Works Monthly Building Report Recommendation: Receive and file the January 2020 Building Report. 1. Public Works Department January 2020 Building Report 5. Public Works Acceptance of Electrical Easement at 4328 Alcoa Avenue (APN 6303-010-047) Recommendation: A. Find that acceptance of the Electrical Easement 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 - 4328 Alcoa 2. Certificate of Acceptance - 4328 Alcoa Page 3of6 Regular City Council Meeting Agenda March 03, 2020 NEW BUSINESS 6. Public Utilities Services Agreement with Pacific Advanced Civil Engineering, Inc. Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines §15306, because the scope of the agreement consists of research, analysis, and resource evaluation activities which will not result in a serious or major disturbances to environmental resources and which will not commit the City to any project; and B. Approve and authorize the City Administrator to execute the Services Agreement between the City of Vernon and Pacific Advanced Civil Engineering, Inc., for Design Services for Equipment and Site Improvements for Well No. 22, in substantially the same form as submitted, for an amount not to exceed $232,476. 1. Services Agreement with Pacific Advanced Civil Engineering, Inc. 7. Public Utilities Services Agreement with Infrastructure Engineering Corporation Recommendation: A. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, for the reason that any project that may occur in the future relying on this approval would be subject to CEQA review and determination prior to- or at the time of - requesting project approval; and B. Approve and authorize the City Administrator to execute a Services Agreement with Infrastructure Engineering Corporation for a Water System Operations Analysis and Master Plan, in substantially the same form as submitted, in an amount not to exceed $273,685. 1. Services Agreement with Infrastructure Engineering Corporation Page 4 of 6 Regular City Council Meeting Agenda March 03, 2020 8. Public Utilities Added Facilities Agreement with National Ready Mixed Concrete Co. Recommendation: A. Find that approval of the proposed 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 § 15378; and even if the proposed action did constitute a project, it would be exempt from CEQA review, in accordance with CEQA Guidelines § 15301, because the project consists of the maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use; and B. Approve and authorize the City Administrator to execute the Added Facilities Agreement with National Ready Mixed Concrete Co., in substantially the same form as submitted, for natural gas Added Facilities. 1. Added Facilities Agreement with National Ready Mixed Concrete Co. 9. City Administration Letter in Amicus Support of City of Huntington Beach Appeal to California Supreme Court 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; and B. Authorize the City Administrator to submit a letter in Amicus support of the City of Huntington Beach to the California Supreme Court in the matter of City of Huntington Beach v. Xavier Becerra et al., California Supreme Court Case No. S260766. 1. Letter of Support for Huntington Beach ORAL REPORTS City Administrator Reports on Activities and other Announcements City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff Page 5of6 Regular City Council Meeting Agenda March 03, 2020 CLOSED SESSION 10. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (2 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 11. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant Exposure to Litigation Government Code Section 54956.9(d)(2) Number of potential cases: 1 Facts and Circumstances: Pursuant to Government Code Section 54956.9(e)(3), the City has received written communication threatening litigation on behalf of former employee Jerrick Torres related to his termination, in the form of a Complaint of Discrimination filed with the Department of Fair Employment and Housing (DFEH). The DFEH Complaint (DFEH No. 201910-08099730) 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 in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 27t" day of February 2020. By: f�15� Lisa Pope, City Clerk Page 6of6 Regular City Council Meeting Agenda March 03, 2020 Guide to City Council Proceedings Meetings of the City Council are held the first and third Tuesday of each month at 9:00 a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal Code Section 2.1-1). Copies of all agenda items and back-up materials are available for review in the City Clerk Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are available for public inspection during regular business hours, Monday through Thursday, 7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at www.citvofvernon.org or copies may be purchased for $0.10 per page. Disability -related services are available to enable persons with a disability to participate in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance with ADA, if you need special assistance, please contact the City Clerk department at CityClerk@ci.vernon.ca.us or (323) 583-8811 at least 48 hours prior to the meeting to assure arrangements can be made. The Public Comment portion of the agenda is for members of the public to present items, which are not listed on the agenda but are within the subject matter jurisdiction of the City Council. The City Council cannot take action on any item that is not on the agenda but matters raised under Public Comment may be referred to staff or scheduled on a future agenda. Comments are limited to three minutes per speaker unless a different time limit is announced. Speaker slips are available at the entrance to the Council Chamber. Public Hearings are legally noticed hearings. For hearings involving zoning matters, the applicant and appellant will be given 15 minutes to present their position to the City Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set for under Public Comment. If you challenge any City action in court, you may be limited to raising only those issues you or someone else raised during the public hearing, or in written correspondence delivered to the City Clerk at or prior to the public hearing. Consent Calendar items may be approved by a single motion. If a Council Member or the public wishes to discuss an item, it may be removed from the calendar for individual consideration. Council Members may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the Consent Calendar. Items excluded from the Consent Calendar will be taken up following action on the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public Comment. New Business items are matters appearing before the Council for the first time for formal action. Those wishing to address the Council on New Business items shall follow the guidelines for Public Comment. Closed Session allows the Council to discuss specific matters pursuant to the Brown Act, Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these matters in open session would prejudice the position of the City. Following Closed Session, the City Attorney will provide an oral report on any reportable matters discussed and actions taken. At the conclusion of Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it deems appropriate.