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20200505 Regular City Council Meeting - AgendaAMENDED' Agenda City of Vernon Regular City Council Meeting Tuesday, May 05, 2020, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Leticia Lopez, Mayor Melissa Ybarra, Mayor Pro Tern William Davis, Council Member Carol Menke, Council Member Diana Gonzales, Council Member THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVERNOR NEWSOM'S EXECUTIVE ORDER N-29-20. The public is encouraged to view the meeting at http://www.cityofvernon.org/webinar or by calling (415) 655-0052, Access Code 818-990-958#. You may submit comments to PublicComment@ci.vernon.ca.us with the subject line "May 5, 2020 City Council Meeting Public Comment Item #_." Comments received prior to 8 a.m., Tuesday, May 5, 2020, will be read into the record. CALL TO ORDER FLAG SALUTE ROLL CALL APPROVAL OF 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. See new Item No. 9 and renumbered Item Nos. 10 - 12 Page 2of6 Regular City Council Meeting AMENDED Agenda May 05, 2020 PRESENTATIONS 1. City Administration Fiscal Year 2020/2021 Budget Study Session (Continued from April 21, 2020) Recommendation: No action required by City Council. This is a presentation only. 1. FY 2020-21 Budget Summary All Funds 2. 2020-21 Combined Budget 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. 2. City Clerk Approval of Minutes Recommendation: Approve the April 7, 2020 and April 21, 2020 Regular City Council meeting minutes. 1. 2020-04-07 City Council Minutes 2. 2020-04-21 City Council Minutes 3. Finance/Treasury Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 44, for the period of April 5 through April 18, 2020, which totals $3,431,393.50 and consists of ratification of electronic payments totaling $3,333,481.48 and ratification of the issuance of early checks totaling $97,912.02. 1. Operating Account Warrant Register No. 44 4. Finance/Treasury Redevelopment Agency Obligation Retirement Account Warrant Register Recommendation: Approve Redevelopment Agency Obligation Retirement Account Warrant Register No. 58, for the period of March 22 through April 18, 2020, consisting of ratification of electronic payments totaling $2,432.00. 1. Redevelopment Agency Obligation Retirement Account Warrant Register No. 58 5. Public Works Public Works Monthly Building Report Recommendation: Receive and file the March 2020 Building Report. 1. Public Works Department March 2020 Building Report Page 3of6 Regular City Council Meeting AMENDED Agenda May 05, 2020 6. Finance/Treasury Agreement with White Nelson Diehl Evans LLP for Professional Auditing Services Recommendation: A. Find that approval of the proposed action is exempt from the California Environmental Quality Act (CEQA) because it is a continuing administration 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. Even if such were a project it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general is that CEQA only applies to activities that may have a significant effect on the environment; and B. Approve and authorize the City Administrator to execute a professional services agreement for a not -to -exceed amount of $330,375 with the public accounting firm White Nelson Diehl Evans LLC, in substantially the same form as submitted, to perform annual audits of the financial statements of the City of Vernon and its Enterprise Funds. 1. Service Agreement - White Nelson Diehl Evans LLP 7. City Attorney Amendment No. 1 to the Attorney Services Agreement (Litigation & Advisory) with Rutan & Tucker LLP 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; and B. Approve and authorize the City Administrator to enter into Amendment No. 1 to the Attorney Services Agreement (Litigation & Advisory) between the City of Vernon and Rutan & Tucker, LLP, in substantially the same form as submitted, for an amount not to exceed $50,000. 1. Amendment No. 1 - Rutan & Tucker Page 4of6 Regular City Council Meeting AMENDED Agenda May 05, 2020 8. Public Utilities Agreement for the Purchase and Sale of California Air Resources Board Compliance Instruments with Elbow River Marketing Ltd. Recommendation: A. Find that 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; and (b) even if this approval were a "project" subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, and any specific projects that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Approve and authorize the City Administrator (per Resolution No. 9314) to execute the Agreement for the Purchase of California Air Resources Board Compliance Instruments (Agreement) with Elbow River Marketing Ltd. (ERM), in substantially the same form as submitted, for the purpose of buying Carbon Credit Allowances (CCAs). 1. Agreement with Elbow River Marketing Ltd. NEW BUSINESS 9. City Administration COVID-19 Financial Aid/Relief for Vernon Residents C - ••Z�7' i aMETiT•Fii a i�i Provide direction to staff on developing a program to provide financial aid/relief to Vernon residents impacted by the COVID-19 pandemic. 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 AMENDED Agenda May 05, 2020 CLOSED SESSION 10. City Attorney 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. 11. City Administration 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 12. Human Resources PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 One matter CLOSED SESSION REPORT 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 May, 2020. as Lisa Pope, City Clerk Page 6of6 Regular City Council Meeting AMENDED Agenda May 05, 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.cityofvernon.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.