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20240806 Regular City Council Meeting - PacketRegular City Council Meeting Agenda August 6, 2024 Page 1 of 6 Agenda City of Vernon Regular City Council Meeting Tuesday, August 6, 2024, 9:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue, Vernon, California Judith Merlo, Mayor Melissa Ybarra, Mayor Pro Tem Leticia Lopez, Council Member Jesus Rivera, Council Member Crystal Larios, Council Member The public is encouraged to view the agenda and meeting at CityofVernon.org/publicmeetings. You may address the Council in the Council Chambers, via mail or email to PublicComment@cityofvernon.org, include the meeting date and item number in the subject line (mail and/or email must be received at least two hours prior to the start of the meeting). CALL TO ORDER FLAG SALUTE ROLL CALL APPROVAL OF AGENDA PUBLIC COMMENT PRESENTATIONS 1. Proclamation Recognizing Retired Employee - Carlos R. Fandino Jr. Recommendation: Acknowledge and present a proclamation to retired employee Carlos R. Fandino Jr., City Administrator, in recognition of his dedicated service to the City of Vernon. PUBLIC HEARINGS 2. Adoption of California Fire Code Reference Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct Regular City Council Meeting Agenda August 6, 2024 Page 2 of 6 physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Conduct second reading and adopt Ordinance No. 1303 amending Title 8, Health and Safety, to adopt the 2022 California Fire Code by reference. CONSENT CALENDAR All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar for individual consideration. Removed items will be considered immediately following the Consent Calendar. 3. Meeting Minutes Recommendation: Approve the July 16, 2024 Regular City Council Meeting Minutes. 4. Public Works Department Monthly Report Recommendation: Receive and file the June 2024 Building Report. 5. Quarterly Report of Cash and Investments Recommendation: Receive and file the Second Quarter Cash and Investments Report. 6. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 133, for the period of June 16 through June 29, 2024, totaling $8,769,548.92 and consisting of ratification of electronic payments totaling $7,889,274.92 and ratification of the issuance of early checks totaling $880,274.00. 7. Report on Five-Year Contract Award Approved by the City Administrator for the Interagency Communications Interoperability System Recommendation: Receive and file report on the City Administrator’s finding that the Wireless Communications Use and Access Agreement with the Interagency Communications Interoperability System (ICI) is commercially unreasonable to rebid in three years pursuant to Vernon Municipal Code Sections 3.32.220 (B) and 3.32.110 (B)(3). 8. Amendment No. 1 with Jemmott Rollins Group, Inc. for Production of Vernon CommUNITY Fund Anniversary Promotional Publication Recommendation: A. Find that the best interests of the City are served by a direct award of the Vernon CommUNITY Fund publication project to Jemmott Rollins Group, Inc. (JRG) without a competitive process pursuant to Vernon Municipal Code Sections 3.32.110 (B)(2) and (3); and B. Approve and authorize the City Administrator to execute Amendment No. 1 with JRG, in substantially the same form as submitted, for an amount not-to-exceed $25,000, to prepare and produce the Vernon CommUNITY Fund Anniversary Promotional Publication. 9. Salvation Army Bell Shelter Reimbursement Agreement Recommendation: Regular City Council Meeting Agenda August 6, 2024 Page 3 of 6 Approve and authorize the Mayor to execute a Reimbursement Agreement for shelter beds within the Salvation Army Bell Shelter with the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, and Southgate, collectively referred to as the Local Coordinating Alliance (LCA1), in substantially the same form as submitted for a total amount not-to-exceed $31,086.25 for a one-year term through June 30, 2025. 10. Federal Equitable Sharing Agreement and Annual Certification Report Recommendation: Approve and authorize the Police Chief and City Administrator to execute the Federal Equitable Sharing Agreement and Annual Certification Report. 11. Amendment No. 1 to Huntington Park Inmate Housing Agreement Ending Fiscal Year 2023-24 Recommendation: Approve and authorize the City Administrator to execute Amendment No. 1 to the Huntington Park Police Department Jail Division Agreement for Inmate Housing services, covering the period of July 1, 2021 through June 30, 2024, in substantially the same form as submitted, to increase the value of the agreement by a total amount not-to-exceed $5,149.97. 12. Authorize City’s Chief Building Official to Enforce the Fire Code Recommendation: Conduct second reading and adopt Ordinance No. 1302 amending Vernon Municipal Code Section 8.04.010, authorizing the City’s Chief Building Official, or authorized representative to enforce the Fire Code in accordance with California Health and Safety Code Section 13869.7(h)(1)(B). 13. Transfer Agreement No. 2024MP81 with the Los Angeles County Flood Control District for Measure W Funds Recommendation: Approve and authorize the City Administrator to execute the Transfer Agreement between the City of Vernon and the Los Angeles County Flood Control District, in substantially the same form as submitted, to receive Annual Safe, Clean Water Program Funds (Measure W), for a 4-year term. 14. Citywide Striping and Pavement Markings Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (a) (existing highways and streets), because the project consists of the maintenance, repair, or minor alteration of existing facilities and involves negligible or no expansion of an existing use; B. Accept the bid proposal from WGJ Enterprises Inc., dba PCI (PCI) as the lowest responsive and responsible bidder for the Citywide Striping and Pavement Markings project and reject all other bids; C. Approve and authorize the City Administrator to execute Contract No. 20250017 (20240404) with WGJ Enterprises Inc., in substantially the same form as submitted, for the Citywide Striping and Pavement Markings project in an amount not-to-exceed $265,900; and D. Authorize a contingency amount of ten percent (10%) or $26,590 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order(s) for an amount up to the contingency amount, if necessary. Regular City Council Meeting Agenda August 6, 2024 Page 4 of 6 15. Contract with Elka Construction, Inc. for 55th Street Recycle Center & Nursery – Soil & Miscellaneous Construction Material Removal Recommendation: A. Find that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15304 (Minor Alterations to Land), part (a) (grading on land with a slope of less than 10 percent), because the project is merely making minor alterations to the land and involves negligible or no expansion of existing use; B. Accept the bid proposal from Elka Construction, Inc. as the lowest responsive and responsible bidder for the 55th Street Recycle Center & Nursery – Soil & Miscellaneous Construction Material Removal, Contract No. 20250045 (20240407), and reject all other bids; C. Approve and authorize the City Administrator to execute Contract No. 20250045 (20240407) with Elka Construction, Inc., in substantially the same form as submitted, for the soil and miscellaneous construction material removal at 2221 E. 55th Street in an amount not-to-exceed $850,000; and D. Authorize a contingency amount of twenty-five percent (25%) or $212,500 to cover necessary disposal fees for materials collected at the site and/or to cover unanticipated expenses in the event of an unexpected changed condition in the project; and grant authority to the City Administrator to issue change order(s) for an amount up to the contingency amount, if necessary. 16. Attorney Services Agreement with Duncan, Weinberg, Genzer & Pembroke, P.C. Recommendation: A. Pursuant to Sections 3.32.220(B) and 3.32.110(B)(3) of the Vernon Municipal Code (VMC), find that it is commercially unreasonable to rebid the proposed agreement for specialized utility-related legal services every three years due to the expected continuous large development projects and various deal points that will be negotiated in phases and may span multiple years; and B. Approve and authorize the City Administrator to execute an Attorney Services Agreement with Duncan, Weinberg, Genzer & Pembroke, P.C. (DWGP), in substantially the same form as submitted, to provide specialized utility-related legal services to the Public Utilities Department in an amount not-to-exceed $1,160,382 for a five-year term. NEW BUSINESS 17. Annual City Council Reorganization Recommendation: Discuss and provide direction regarding the proposed City Council Reorganization Charter Amendment. 18. Resolution Approving the Submittals of Applications for Per Capita Grant Funds Recommendation: A. Find that approval of the proposed action is exempt from 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; any projects pursued under the grant program are possible future actions which the City has not approved, adopted, or funded; and B. Adopt Resolution No. 2024-016 Approving the Submittals of Applications for Per Capita Grant Funds. Regular City Council Meeting Agenda August 6, 2024 Page 5 of 6 19. Opposition to Metro Link Union Station (Link US) Project Recommendation: Oppose the Metro Link US Project based on concerns about its potential negative effects on the City and surrounding communities that include, but are not limited to, public safety, air quality, traffic, transportation, economic/financial, and socioeconomic impacts. ORAL REPORTS 20. City Administrator Reports on Activities and Other Announcements 21. Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff CLOSED SESSION 22. Conference with Legal Counsel – Anticipated Litigation Receipt of claim pursuant to the Government Claims Act Government Code Section 54956.9(e)(3) Claimant: Sareen LLC 23. Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation Government Code Section 54956.9(d)(4) Number of potential cases: 1 24. Public Employment Government Code Section 54957 Title: City Administrator/Interim City Administrator CLOSED SESSION REPORT ADJOURNMENT On August 1, 2024, 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 and Special meeting agendas may be amended up to 24 hours in advance of the meeting. Regular City Council Meeting Agenda August 6, 2024 Page 6 of 6 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 2.04.020). 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@cityofvernon.org 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. City Council Agenda Report Meeting Date:August 6, 2024 From:Michael Earl, Director of Human Resources Department:Human Resources Submitted by:Lisette Grizzelle, Human Resources Program Manager Subject Proclamation Recognizing Retired Employee - Carlos R. Fandino Jr. Recommendation Acknowledge and present a proclamation to retired employee Carlos R. Fandino Jr., City Administrator, in recognition of his dedicated service to the City of Vernon. Background Historically, the City Council has issued proclamations in honor of retired City employees. Carlos R. Fandino Jr., City Administrator retired from the City of Vernon on July 11, 2024, after providing over thirty-five (35) years of service to the City. Mr. Fandino was hired as a System Operator effective January 23, 1989; effective July 16, 1989 became a Water and Power Dispatcher; effective July 29, 1990 became a Senior Dispatcher; effective July 1, 1997 became a Systems Supervisor; effective July 1, 2001 became an Engineering and Operations Project Manager; effective July 1, 2003 became a Systems Manager; effective September 17, 2006 became a Transmission & Distribution Manager; effective August 2, 2010 appointed to serve as Interim Director of Light and Power; effective September 16, 2010 appointed as Director of Light & Power; effective April 20, 2014 became Director of Gas and Electric; and effective March 15, 2016 promoted to City Administrator. As City Administrator, Mr. Fandino set the City on a path towards better financial health through the implementation of cost saving measures including the transition of fire protection services to the Los Angeles County Fire District, the re-acquisition of the Malburg Generating Station (MGS) and adoption/renewal of key tax assessments including the Utility Users Tax, Sales Tax, and Public Safety Tax. Mr. Fandino’s leadership was also instrumental in the City’s increased engagement with its residents and local Southeast Los Angeles (SELA) communities, as well as the City’s commitment to increasing its residential population through the adoption of new mixed used zoning. Prior to his appointment as City Administrator, Mr. Fandino served as the Director of the Public Utilities Department (formerly known as the Light and Power Department). Mr. Fandino was on the team tasked to commandeer the Vernon electrical system after the City successfully negotiated a settlement with Southern California Edison to reinstate operating rights, as well as on the team charged with constructing the MGS power plant. Over the years, Mr. Fandino participated in almost every aspect of the Department’s operations. During his distinguished career with the City of Vernon, Carlos Fandino earned the deepest respect of his colleagues and community through his leadership, dedication, contributions, commitment, and extensive knowledge of the City. Mr. Fandino was an exemplary employee and will truly be missed. Mr. Fandino was hired on January 23, 1989, and met the eligibility requirements under CalPERS to retire from the City effective July 11, 2024. Fiscal Impact.  .  Item 1 Page 1 of 2 There is no fiscal impact associated with this report. Attachments 1. Proclamation – Carlos R. Fandino, Jr. .  .  Item 1 Page 2 of 2 .  .  Item 1 Page 1 of 1 City Council Agenda Report Meeting Date:August 6, 2024 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Cynthia Cano, Administrative Secretary Subject Adoption of California Fire Code Reference Recommendation A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Conduct second reading and adopt Ordinance No. 1303 amending Title 8, Health and Safety, to adopt the 2022 California Fire Code by reference. Background Every three years, the California State Fire Marshal’s Code Development and Analysis Division carefully evaluates California’s fire and life safety regulations for relevance, necessity, conflicts, and duplication. This division also formulates the state’s fire and life safety regulations and buildings standards, which are then submitted for approval by the California Building Standards Commission. In previous cycles, the City has adopted amended state adopted codes and submitted those amendments to the state adopted along with justification for those amendments. In the past, these amendments provided our businesses with a competitive advantage, but this is no longer the case. Today, the state-adopted fire codes serve as the comprehensive standard for the design and construction community and are relied upon by the insurance industry to minimize the loss of life and property. The insurance Services Office (ISO) classifies fire departments and municipal building departments. These ratings are used by insurers to establish rates. Vernon is protected by a Class 2 Fire Department and a Class 2 Building Department. Nationally less than 2% of building departments are rated Class 1 of Class 2 by the ISO. One of the areas the Public Works’ Building Department can improve in its rating to Class 1 is by adopting State Codes without amendment. Accordingly, Ordinance No. 1303 amends Title 8 (Health and Safety) of the Vernon Municipal Code to adopt the State Fire Code without amendment. Pursuant to California Government Code Section 50022.3, the public hearing notice was published in the Los Angeles Wave (Huntington Park Bulletin) on July 18 and July 25, 2024. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Ordinance No. 1303 2. Public Hearing Notice .  .  Item 2 Page 1 of 1 ORDINANCE NO. 1303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING BY REFERENCE THE 2022 CALIFORNIA FIRE CODE AS THE CITY OF VERNON FIRE CODE, AND AMENDING TITLE 8, HEALTH AND SAFETY, OF THE VERNON MUNICIPAL CODE SECTION 1. Recitals. A. California Government Code Section 50020, et seq., authorizes the adoption by reference of the 2022 California Fire Code. B. At least one (1) copy of the Code adopted herein by reference, certified as a full, true and correct copy thereof by the Interim City Clerk of the City of Vernon has been filed in the office of the City Clerk in accordance with the provisions of Government Code Section 50022.6. C. A duly noticed public hearing, as required by Government Code Section 50022.3, was scheduled after first reading and was concluded prior to the adoption of this Ordinance. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a “project” pursuant to CEQA Guidelines Section 15378. SECTION 3. Vernon Municipal Code Section 8.04.010 paragraph A is hereby amended to read as follows: “The City of Vernon hereby adopts by reference the 2022 California Fire Code as published by the California Building Standards Commission, California Code of Regulations Title 24, Part 9 with amendments and including Appendices Chapter 4, B, C, D, H, I, M, and O and all standards contained therein including all applicable tables, indices, addenda and footnotes. Except as otherwise provided herein, or as later amended, said California Fire Code is hereby referred to and by such reference is incorporated herein as if fully set forth and is hereby adopted as the Fire Code of the City of Vernon.” SECTION 4. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance. .  .  Item 2 Page 1 of 2 Ordinance No. 1303 Page 2 of 2 _______________________ SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable. SECTION 6. The Deputy City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 7. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED August 6, 2024. Judith Merlo, Mayor ATTEST: YONNIE PARKER, Deputy City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney .  .  Item 2 Page 2 of 2 .  .  Item 2 Page 1 of 2 .  .  Item 2 Page 2 of 2 City Council Agenda Report Meeting Date:August 6, 2024 From:Deborah Harrington, Interim City Clerk Department:City Clerk Submitted by:Sandra Dolson, Administrative Secretary Subject Meeting Minutes Recommendation Approve the July 16, 2024 Regular City Council Meeting Minutes. Background Staff has prepared and submits the minutes for approval. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. July 16, 2024 Regular City Council Meeting Minutes .  .  Item 3 Page 1 of 1 MINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, JULY 16, 2024 COUNCIL CHAMBER, 4305 SANTA FE AVENUE CALL TO ORDER Mayor Merlo called the meeting to order at 9:00 a.m. FLAG SALUTE Mayor Merlo led the Flag Salute. ROLL CALL PRESENT: Judith Merlo, Mayor Melissa Ybarra, Mayor Pro Tem Leticia Lopez, Council Member Crystal Larios, Council Member ABSENT: Jesus Rivera, Council Member STAFF PRESENT: Daniel Calleros, Interim City Administrator Zaynah Moussa, City Attorney Deborah Harrington, Interim City Clerk Jessica Alcaraz, Financial Services Administrator Veronica Petrosyan, Health and Environmental Control Deputy Director Michael Earl, Human Resources Director Robert Sousa, Police Chief Dan Wall, Public Works Director Todd Dusenberry, Public Utilities General Manager APPROVAL OF THE AGENDA MOTION Council Member Lopez moved and Mayor Pro Tem Ybarra seconded a motion to approve the agenda. The question was called and the motion carried 4-0, Council Member Rivera absent. PUBLIC COMMENT None. .  .  Item 3 Page 1 of 6 Regular City Council Meeting Minutes Page 2 of 6 July 16, 2024 PRESENTATIONS 1. California Highway Patrol (CHP) 10851 Grand Theft Auto Recovery Award Police Chief Sousa presented the staff report. Council acknowledged Police Officers, Patrick Cam; Alan Escarpe, Teresa Flores, and Brian Redona for receiving the California Highway Patrol (CHP) “10851” Grand Theft Auto Recovery Award. Representative from the American Automobile Association and Jose Nunez, California Highway Patrol spoke and presented certificates and pins to award recipients. CONSENT CALENDAR MOTION Mayor Pro Tem Ybarra moved and Council Member Lopez seconded a motion to approve the Consent Calendar. The question was called and the motion carried, 4-0, Council Member Rivera absent. The Consent Calendar consisted of the following items: 2. Meeting Minutes Recommendation: Approve the July 2, 2024 Special and Regular City Council Meeting Minutes. 3. Claims Against the City Recommendation: Receive and file the claim submitted by Sareen LLC. 4. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 132, for the period of May 5 through June 15, 2024, totaling $21,713,641.10 and consisting of ratification of electronic payments totaling $20,532,941.90 and ratification of the issuance of early checks totaling $1,180,699.20. 5. Fire Department Activity Report Recommendation: Receive and file the May 2024 Fire Department Activity Report. 6. Police Department Activity Report Recommendation: Receive and file the May 2024 Police Department Activity Report. 7. Report on Emergency Contract Award by the City Administrator to Marx Bros. Fire Extinguisher Co. Recommendation: Receive and file the report on emergency contract award approved by the City Administrator for the repair of the City’s Pre-Action System by Marx Fire Extinguisher Co. in the amount of $5,924.38. 8. Carahsoft End User License Agreement-SecureWorks Recommendation: A. Approve and authorize issuance of a Purchase Contract with Carahsoft, for a one-year term for an amount not-to-exceed $81,056.78, and authorize the City Administrator to execute the related End User Agreement with Secureworks, in substantially the same for as submitted, for managed network .  .  Item 3 Page 2 of 6 Regular City Council Meeting Minutes Page 3 of 6 July 16, 2024 security services; and B. Approve additional funds with Carahsoft in the amount of $50,000 for additional purchases that may be necessary from this vendor during the 2024-2025 fiscal year. 9. Records Retention Schedule Update Recommendation: Adopt Resolution No. 2024-10 approving the City’s Records Retention Schedule and repealing Resolution No. 2020-15. 10. Substance Abuse and Mental Health Services Administration (SAMHSA) Grant Program Agreement with AltaMed Health Services for On-the-Streets Portable Clinical Care Program with Integrated Behavioral Health and HIV Care. Recommendation: Approve and authorize the City Administrator to execute the SAMHSA Grant Program Agreement with AltaMed Health Services, in substantially the same form as submitted, for On-the-Streets Portable Clinical Care Program with Integrated Behavioral Health and HIV Care for a total amount not- to-exceed $1,499,175, for a two-and-a-half-year term. 11. Huntington Park Police Department Jail Division Agreement for Inmate Housing Recommendation: Approve and authorize the City Administrator to execute the Inmate Housing Agreement, in substantially the same form as submitted, for housing of pre-arraignment arrestees for a total amount not-to-exceed $210,000 ($70,000 per year), for a three-year term. 12. Services Agreement with Interwest Consulting Group, Inc. for On-Call Building/Engineering/Fire Plan Check and Inspection Services Recommendation: Approve and authorize the City Administrator to execute a Professional Services Agreement with Interwest Consulting Group, Inc., in substantially the same form as submitted, for Building/Engineering/Fire Plan Check and Inspection Services for a total amount not-to-exceed $2,500,000, for a three (3) year term. 13. Contract with Harbor Pointe Air Conditioning & Control Systems, Inc. for HVAC System Maintenance Services Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance of the existing City Hall HVAC controls and system and involves negligible or no expansion of an existing use; B. Accept the bid proposal from Harbor Pointe Air Conditioning & Control Systems as the lowest responsive and responsible bidder and reject all other bids; C. Approve and authorize the City Administrator to execute a contract with Harbor Pointe Air Conditioning & Control Systems, in substantially the same form as submitted, for the HVAC System Maintenance Services for a period of three (3) years in an amount not-to-exceed $150,000; and D. Authorize a contingency amount of ten percent (10%) or $15,000 in the event of unexpected repairs in periods of extreme heat and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount, if necessary. 14. Sale of Surplus Vernon Public Utilities Vehicles to Petrelli Electric, Inc. Recommendation: Approve and authorize the City Administrator to execute the Purchase and Sale Agreement with Petrelli Electric, Inc. (Petrelli Electric), in .  .  Item 3 Page 3 of 6 Regular City Council Meeting Minutes Page 4 of 6 July 16, 2024 substantially the same form as submitted, for the sale of one 1989 Lorain LCD 150 Crane and one 1983 Hyster H40XL Forklift for a combined price of $10,600. 15. Revocable Encroachment License Agreement No. 439 with Torrance Pipeline Company, LLC. Recommendation: A. Find that approval of the proposed action is categorically exempt under the California Environmental Quality Act (CEQA), in accordance with CEQA guidelines 15301, because the action ensures the maintenance, operation, and repair of existing facilities of both investors and publicly owned utilities; and B. Approve and authorize the City Administrator to execute Revocable Encroachment License Agreement No. 439 (Agreement) between the City of Vernon and Torrance Pipeline Company, LLC (Torrance Pipeline). 16. Catch Basin Cleaning Services Agreement with Ron's Maintenance Recommendation: A. Approve and authorize the City Administrator to execute a Services Agreement with Ron’s Maintenance, Inc., in substantially the same form as submitted, for the Catch Basin Cleaning Services as part of the City’s continued effort to comply with the Los Angeles River Trash Total Maximum Daily Loads (TMDL) included in the Municipal NPDES Permit, for a total amount not-to-exceed $217,680, for a two-year term; and B. Authorize a contingency amount of fifteen percent (15%) or $32,652 for extra inspections or cleanings that may be needed, and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary. 17. Purchase Order with Merrimac Energy Group to Procure Fuel Recommendation: Approve and authorize the issuance of a Purchase Order with Merrimac Energy Group in an amount not-to-exceed $600,000 to procure fuel for Citywide fleet for Fiscal Year 2024-2025. NEW BUSINESS 18. Authorize the City’s Chief Building Official, or authorized representative, to enforce the Fire Code Public Works Director Wall presented the staff report. MOTION Council Memer Lopez moved and Mayor Merlo seconded a motion to: A. Find that the proposed action is exempt under the California Environmental Quality Act (CEQA) review, because it is a general policy and procedure making activity that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a "project” as defined by CEQA Guidelines Section 15378; B. Adopt Urgency Ordinance No. 1301 amending Vernon Municipal Code Section 8.04.010 to authorize the City’s Chief Building Official, or authorized representative, to enforce the Fire Code in accordance with California Health and Safety Code Section 13869.7(h)(1)(B); C. Introduce Ordinance No. 1302 amending Vernon Municipal Code Section 8.04.010 to authorize the City’s Chief Building Official, or authorized representative, to enforce the Fire Code in accordance with California Health and Safety Code Section 13869.7(h)(1)(B); and D. Direct staff to schedule second reading and .  .  Item 3 Page 4 of 6 Regular City Council Meeting Minutes Page 5 of 6 July 16, 2024 adoption of Ordinance No. 1302 for the August 6, 2024 City Council meeting. The question was called and the motion carried, 4-0, Council Member Rivera absent. 19. Adoption of California Fire Code by Reference Public Works Director Wall presented the staff report. MOTION Mayor Pro Tem Ybarra moved and Council Member Larios seconded a motion to: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; B. Introduce and conduct first reading of Ordinance No. 1303 amending Title 8, Health and Safety, to adopt the 2022 California Fire Code by reference; and C. Direct staff to schedule a public hearing for the August 6, 2024 City Council meeting for the second reading and adoption of Ordinance No. 1303. The question was called and the motion carried 4-0, Council Member Rivera absent. ORAL REPORTS 20. City Administrator Reports on Activities and Other Announcements. Interim City Administrator Calleros provided an update on the following: U.S. Senator Laphonza Butler’s Young Leaders Academy where the City has been invited to nominate participants for the Academy. Transit and Intercity Rail Capital Program Grant Application – the City is providing a letter of support on behalf of the Gateway Cities Council of Government for Metro’s Transit and Intercity Rail Capital Program grant application. National Night Out will be held on August 6, 2024, from 5 to 7 p.m. 21. City Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff. Council Member Lopez announced that she attended the Independent Cities Association Summer Seminar held in Coronado, July 11-14, 2024. It was a great opportunity to learn about current issues affecting cities, including housing needs; and potential sources of revenue streams. The seminar also included a session on Economic Development and Technology. The fiscal impact was approximately $2,600 within the travel budget funds available for the Council. .  .  Item 3 Page 5 of 6 Regular City Council Meeting Minutes Page 6 of 6 July 16, 2024 CLOSED SESSION RECESS Mayor Merlo recessed the meeting to Closed Session at 9:19 a.m. 22. Conference With Legal Counsel - Existing Litigation (3) Government Code Section 54956.9(d)(1) Michael Docherty v. City of Vernon Workers Compensation Appeals Board Case No. ADJ15948042 Alexy Escobedo v. City of Vernon Workers Compensation Appeals Board Case No. ADJ17041931 Fernando Valenzuela v. City of Vernon Workers Compensation Appeals Board Case Nos. ADJ14978838 and ADJ15044108 23. Conference With Legal Counsel – Anticipated Litigation Initiation of Litigation Government Code Section 54956.9(d)(4) Number of potential cases: 1 RECONVENE At 9:46 a.m., Mayor Merlo adjourned the Closed Session and reconvened the regular meeting. CLOSED SESSION REPORT City Attorney Moussa reported that Council met in Closed Session, discussed the items on the agenda, and took no reportable action. ADJOURNMENT Mayor Merlo adjourned the meeting at 9:47 a.m. _____________________________ JUDITH MERLO, Mayor ATTEST: ______________________________ YONNIE PARKER, Deputy City Clerk (seal) .  .  Item 3 Page 6 of 6 City Council Agenda Report Meeting Date:August 6, 2024 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Rosa Garibay, Permit Technician Subject Public Works Department Monthly Report Recommendation Receive and file the June 2024 Building Report. Background The attached building report consists of total issued permits, major projects, demolition permits, new building permits and certificates of occupancy status report for the month of June 2024. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Public Works Department June 2024 Building Report .  .  Item 4 Page 1 of 1 .  .  Item 4 Page 1 of 36 .  .  Item 4 Page 2 of 36 . . Item 4Page 3 of 36 . . Item 4Page 4 of 36 . . Item 4Page 5 of 36 . . Item 4Page 6 of 36 . . Item 4Page 7 of 36 . . Item 4Page 8 of 36 . . Item 4Page 9 of 36 . . Item 4Page 10 of 36 . . Item 4Page 11 of 36 . . Item 4Page 12 of 36 . . Item 4Page 13 of 36 . . Item 4Page 14 of 36 . . Item 4Page 15 of 36 . . Item 4Page 16 of 36 . . Item 4Page 17 of 36 . . Item 4Page 18 of 36 . . Item 4Page 19 of 36 . . Item 4Page 20 of 36 . . Item 4Page 21 of 36 . . Item 4Page 22 of 36 . . Item 4Page 23 of 36 . . Item 4Page 24 of 36 . . Item 4Page 25 of 36 . . Item 4Page 26 of 36 . . Item 4Page 27 of 36 . . Item 4Page 28 of 36 . . Item 4Page 29 of 36 . . Item 4Page 30 of 36 . . Item 4Page 31 of 36 . . Item 4Page 32 of 36 . . Item 4Page 33 of 36 . . Item 4Page 34 of 36 . . Item 4Page 35 of 36 . . Item 4Page 36 of 36 City Council Agenda Report Meeting Date:August 6, 2024 From:Jessica Alcaraz, Financial Services Administrator Department:Finance Submitted by:Joaquin Leon, Deputy City Treasurer Subject Quarterly Report of Cash and Investments Recommendation Receive and file the Second Quarter Cash and Investments Report. Background On June 6, 2023, City Council adopted Resolution No. 2023-12 approving an Annual Statement of Investment Policy for Fiscal Year 2023-2024 (Investment Policy). The Investment Policy sets forth the course of action necessary to guide the decision making of the City Council, City Treasurer, and those authorized to make investment decisions in the administration of the City’s investment portfolio. In accordance with the City's Investment Policy, the City Treasurer, or authorized designee, shall render a quarterly report of investments to City Council. The Cash and Investments Report provides an overview of the City’s cash and investment portfolio which reflects how the City’s investment program meets policy objectives. Staff manages the composition of the investment portfolio, conducting periodic cash flow analyses, and benchmarking portfolio performance. For the quarter ended June 30, 2024, the City's investments are in line with anticipated projections. As noted in the attached Second Quarter Cash and Investments Report, the City's portfolio is in compliance with the City's Annual Statement of Investment Policy and the City has the ability to meet its budgetary expenditure requirements for the next six months. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Second Quarter Cash and Investments Report .  .  Item 5 Page 1 of 1 .  .  Item 5 Page 1 of 5 .  .  Item 5 Page 2 of 5 . . Item 5Page 3 of 5 . . Item 5Page 4 of 5 . . Item 5Page 5 of 5 City Council Agenda Report Meeting Date:August 6, 2024 From:Jessica Alcaraz, Financial Services Administrator Department:Finance Submitted by:John Lau, Accountant Subject Operating Account Warrant Register Recommendation Approve Operating Account Warrant Register No. 133, for the period of June 16 through June 29, 2024, totaling $8,769,548.92 and consisting of ratification of electronic payments totaling $7,889,274.92 and ratification of the issuance of early checks totaling $880,274.00. Background Vernon Municipal Code Section 2.32.060 indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the Deputy City Treasurer has prepared Operating Account Warrant Register No. 133 covering claims and demands presented during the period of June 16 through June 29, 2024, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact The fiscal impact of approving Operating Account Warrant Register No. 133, totals $8,769,548.92. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on Operating Account Warrant Register No. 133. Attachments 1. Operating Account Warrant Register No. 133 .  .  Item 6 Page 1 of 1 . . Item 6Page 1 of 44 . . Item 6Page 2 of 44 . . Item 6Page 3 of 44 . . Item 6Page 4 of 44 . . Item 6Page 5 of 44 . . Item 6Page 6 of 44 . . Item 6Page 7 of 44 . . Item 6Page 8 of 44 . . Item 6Page 9 of 44 . . Item 6Page 10 of 44 . . Item 6Page 11 of 44 . . Item 6Page 12 of 44 . . Item 6Page 13 of 44 . . Item 6Page 14 of 44 . . Item 6Page 15 of 44 . . Item 6Page 16 of 44 . . Item 6Page 17 of 44 . . Item 6Page 18 of 44 . . Item 6Page 19 of 44 . . Item 6Page 20 of 44 . . Item 6Page 21 of 44 . . Item 6Page 22 of 44 . . Item 6Page 23 of 44 . . Item 6Page 24 of 44 . . Item 6Page 25 of 44 . . Item 6Page 26 of 44 . . Item 6Page 27 of 44 . . Item 6Page 28 of 44 . . Item 6Page 29 of 44 . . Item 6Page 30 of 44 . . Item 6Page 31 of 44 . . Item 6Page 32 of 44 . . Item 6Page 33 of 44 . . Item 6Page 34 of 44 . . Item 6Page 35 of 44 . . Item 6Page 36 of 44 . . Item 6Page 37 of 44 . . Item 6Page 38 of 44 . . Item 6Page 39 of 44 . . Item 6Page 40 of 44 . . Item 6Page 41 of 44 . . Item 6Page 42 of 44 . . Item 6Page 43 of 44 . . Item 6Page 44 of 44 City Council Agenda Report Meeting Date:August 6, 2024 From:Daniel Calleros, Interim City Administrator Department:City Administration Submitted by:Sara Sandoval, Administrative Assistant Subject Report on Five-Year Contract Award Approved by the City Administrator for the Interagency Communications Interoperability System Recommendation Receive and file report on the City Administrator’s finding that the Wireless Communications Use and Access Agreement with the Interagency Communications Interoperability System (ICI) is commercially unreasonable to rebid in three years pursuant to Vernon Municipal Code Sections 3.32.220 (B) and 3.32.110 (B)(3). Background The ICI System is a local government owned Land Mobile Radio (LMR) Network that provides public safety radio communications. The ICI System is fully interoperable as it allows all member entities the ability to communicate directly with one-another throughout the entire operational area. The Vernon Police Department (VPD) joined the ICI on June 18, 2019 and initially subscribed to the ICI system via a member-hosted subscriber agreement with the City of Montebello, a founding member of the ICI system. Since then, ICI has phased out the member- hosted subscriber agreements and transitioned to subscriber agreements directly between participants and the ICI. The Wireless Communications Use and Access Agreement between VPD and ICI, effective July 1, 2024, set subscriber fees at $20 per month per radio and included a discount of 20% from the prevailing public safety subscriber rate of $25. The rate discount was provided because the City's water tower hosts key antennas and equipment that extend the ICI system's coverage throughout the Southeast Los Angeles area. With approximately 75 subscriptions required by the VPD, the annual cost was estimated at $18,000. The term of the agreement was for five years thus necessitating that the VPD request an exemption from the City’s requirement that professional services contracts be rebid every three years. Pursuant to VMC Section 3.32.110 (B)(3), based on the total contract amount of $90,000 ($18,000 annually), approval of this exemption fell within the authority of the City Administrator. Accordingly, the City Administrator found that it was commercially unreasonable to rebid the contract in three years due to the sizeable monetary investments made by the City on infrastructure and equipment to connect the VPD to the ICI system. This report is being provided to City Council for informational purposes only as required by VMC Section 3.32.110 (B)(3). Fiscal Impact The fiscal impact of the five-year term approved by the City Administrator is not-to-exceed $90,000. Sufficient funds for the agreement with ICI are available in the Police Department, Professional Services - Admin Account No. 011-030-300-529220 for the current fiscal year and will be budgeted for in subsequent years. Attachments None..  .  Item 7 Page 1 of 1 City Council Agenda Report Meeting Date:August 6, 2024 From:Daniel Calleros, Interim City Administrator Department:City Administration Submitted by:Diana Figueroa, Management Analyst Subject Amendment No. 1 with Jemmott Rollins Group, Inc. for Production of Vernon CommUNITY Fund Anniversary Promotional Publication Recommendation A. Find that the best interests of the City are served by a direct award of the Vernon CommUNITY Fund publication project to Jemmott Rollins Group, Inc. (JRG) without a competitive process pursuant to Vernon Municipal Code Sections 3.32.110 (B)(2) and (3); and B. Approve and authorize the City Administrator to execute Amendment No. 1 with JRG, in substantially the same form as submitted, for an amount not-to-exceed $25,000, to prepare and produce the Vernon CommUNITY Fund Anniversary Promotional Publication. Background As one of the key elements of the City’s good governance reforms, the City Council created the Vernon CommUNITY Fund (VCF) to provide grants to charitable and governmental entities for projects and programs that benefit those residing and working in Vernon. Given the largely industrial nature of Vernon, it was determined that the establishment of the VCF would be in the best interest of the City and surrounding communities, offering support for residents and workers through its funding of organizations that provide vital services. On February 4, 2014, the City Council instituted the Vernon CommUNITY Fund Grant Committee (Grant Committee) and provided the basic guidelines and operational procedures for said Committee and its officers, including those related to the allocation of funds and the processes for reviewing and ranking applications and awarding grants. Since such time, the VCF has been a consistent benefactor for non-profit organizations in the Vernon Area (which encompasses Vernon, Huntington Park, Maywood, Bell, Commerce, Boyle Heights, and East Los Angeles), awarding grants to approximately 70 organizations over the last 10 years. The VCF has also extended its philanthropic reach by establishing the VCF Scholarship Program in 2019 which assists high school seniors in the Vernon Area that are in pursuit of higher education. Overall, the VCF has awarded more than $5 million in grants and scholarships. The magnitude of Vernon’s contributions to the surrounding Southeast Los Angeles Area (SELA) is undeniable. VCF grants contribute to the health, well-being, and quality of life in local communities and support regional programs and services that address workforce development, education, youth advocacy, sports, the arts, violence prevention, homelessness, mental health, and more. The important grantmaking activities sponsored by the VCF embody the goodwill of the City. This year marks the 10-year anniversary of the Vernon CommUNITY Fund. In order to celebrate the VCF’s history and good work, staff recommends that the City distribute a professional publication that highlights past grantees, community members, testimonials, funding amounts and areas of focus, and metrics on program success. This 2024 special edition promotional booklet will aptly commemorate the VCF anniversary milestone..  .  Item 8 Page 1 of 2 To lead in the creation of the publication, City staff recommends utilizing Jemmott Rollins Group, Inc. (JRG). For the administration of VCF grantmaking, the City has partnered with JRG to provide consultation, guidance, research and specialized support services to the City Administrator and City staff for all matters related to the VCF. JRG has broad experience in non- profit grantmaking and grants management and functional knowledge of ethics and principles governing the grantmaking process. The firm assisted the City in developing the initial iteration of the VCF program and has seen firsthand its evolution through the years. As a result of this extensive involvement, JRG is personally connected with VCF grantee organizations and the philanthropic realm in which they exist; is extensively familiar with their respective community reputations and various programs; and is intimately aware of the analytics and metrics that illustrate the organizations’ positive impacts on Vernon Area communities. It is recommended that the Council find that it is in the best interest of the City to award the project to JRG for the purpose of creating the VCF 10-year anniversary promotional booklet. JRG has the unique ability to guide the City through the production of the professional publication with minimal staff time investment and content creation, as the firm has established true connectivity and credibility with the VCF grantees and local communities that will be featured in the publication. JRG has the necessary qualifications and knowledge to create a product that accurately reflects the mission and perspective of the Vernon CommUNITY Fund. Amendment No. 1 modifies the current scope of work for JRG to incorporate activities associated with the preparation and production of the VCF anniversary publication. Council approval of Amendment No. 1 with JRG is required pursuant to Vernon Municipal Code Sections 3.32.030 (A) and 3.32.110 (B)(2) and (3) since the total value of the City’s existing Services Agreement with JRG exceeds $100,000. With the project being promotional in nature, staff recommends that funds from the City’s Community Development Fund, Advertisement/Promotion account be utilized rather than depleting funding allocated for Fiscal Year 2024-25 grantmaking. Amendment No. 1 has been approved as to form by the City Attorney’s Office. Fiscal Impact The fiscal impact for the project is not-to-exceed $25,000 with a total value of $223,000 for the term of the agreement. Sufficient funds are available in General Fund, Community Development Department, Advertisement/Promotion Account No. 011-010-160-525000 for the current fiscal year. Attachments 1. Amendment No. 1 with Jemmott Rollins Group, Inc. .  .  Item 8 Page 2 of 2 .  .  Item 8 Page 1 of 3 .  .  Item 8 Page 2 of 3 .  .  Item 8 Page 3 of 3 City Council Agenda Report Meeting Date:August 6, 2024 From:Daniel Calleros, Interim City Administrator Department:City Administration Submitted by:Lilia Hernandez, Assistant to the City Administrator Subject Salvation Army Bell Shelter Reimbursement Agreement Recommendation Approve and authorize the Mayor to execute a Reimbursement Agreement for shelter beds within the Salvation Army Bell Shelter with the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, and Southgate, collectively referred to as the Local Coordinating Alliance (LCA1), in substantially the same form as submitted for a total amount not-to-exceed $31,086.25 for a one-year term through June 30, 2025. Background Since March of 2022, the City has participated in the LCA1 Shelter Bed Pilot Program (Shelter Bed Program) with neighboring cities to provide shelter and resources to unhoused individuals by way of a reimbursement agreement for shelter beds within the Salvation Army Bell Shelter. The City of Bell contracts directly with the Salvation Army Bell Shelter and the participating cities reimburse Bell for their corresponding share of costs via a reimbursement agreement. Over the past couple years, the program has proved to be a cost-effective way for the eight LCA1 cities to coordinate resources and services to address homelessness in the Southeast Los Angeles (SELA) subregion. The reimbursement agreements have been for one-year terms, with the last agreement covering the period of July 1, 2023 through June 30, 2024. Effective July 1, 2024, the Salvation Army and City of Bell entered into the First Amendment to their agreement for shelter beds and homeless services to extend the term through June 30, 2025, thus securing the services and beds needed for the current fiscal year. To continue participation in the Shelter Bed Program, each LCA1 City must enter into the proposed reimbursement agreement. Program Costs The total cost of the proposed agreement for the term of July 1, 2024 to June 30, 2025 is $768,690 calculated at thirty-six (36) beds at $58.50 per bed/per day for 365 days. As lead agency, the City of Bell applied for and received a Measure H Grant from the Gateway Cities Council of Governments in the amount of $520,000. Thus, the eight (8) LCA1 members would pay an equal one-eighth (1/8) share of the remaining $248,690, calculated at $31,086.25 per City over the one-year term. To date, all other LCA1 cities have approved the reimbursement agreement and confirmed their continued participation in the LCA1 Shelter Bed Program. The proposed reimbursement agreement has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact The fiscal impact is $31,086.25. Sufficient funds are available in General Fund, Community Development, Good Neighbor Program Account No. 011-010-160-529715 for the current fiscal year. Attachments 1. Shelter Bed Reimbursement Agreement FY 2024-25.  .  Item 9 Page 1 of 1 .  .  Item 9 Page 1 of 16 .  .  Item 9 Page 2 of 16 .  .  Item 9 Page 3 of 16 .  .  Item 9 Page 4 of 16 .  .  Item 9 Page 5 of 16 .  .  Item 9 Page 6 of 16 .  .  Item 9 Page 7 of 16 .  .  Item 9 Page 8 of 16 .  .  Item 9 Page 9 of 16 .  .  Item 9 Page 10 of 16 .  .  Item 9 Page 11 of 16 .  .  Item 9 Page 12 of 16 .  .  Item 9 Page 13 of 16 .  .  Item 9 Page 14 of 16 .  .  Item 9 Page 15 of 16 .  .  Item 9 Page 16 of 16 City Council Agenda Report Meeting Date:August 6, 2024 From:Robert Sousa, Chief of Police Department:Police Submitted by:Brandon Gray, Captain Subject Federal Equitable Sharing Agreement and Annual Certification Report Recommendation Approve and authorize the Police Chief and City Administrator to execute the Federal Equitable Sharing Agreement and Annual Certification Report. Background When local police agencies work with federal agencies to enforce federal criminal laws, the agency may apply for an equitable share of any forfeited proceeds. The Vernon Police Department (VPD) currently receives an equitable share of forfeited proceeds from investigations conducted by an investigator who was assigned to the Southwest Borders Initiative Taskforce (SWBI). In order to receive such proceeds, the VPD must execute an equitable sharing agreement and certify that the forfeited proceeds received are allocated as required by federal statutes and regulations established by the U.S. Department of Treasury and the U.S. Department of Justice. These laws and regulations require the VPD to do the following: Retain forfeited funds or property separate from state or other forfeitures Submit a federal Equitable Sharing Agreement and Certification annually with both agencies Maintain a record of the funds or property and any expenditures Annually audit funds exceeding $100,000 The Department of Justice implemented an on-line reporting process to streamline the annual reporting of funds received by local agencies. The reporting process requires the Agency Head (Police Chief) and the Governing Body Head (City Administrator) to certify that the City understands its obligations under the agreement and to certify that the reported financial information regarding the VPD’s receipt and expenditure of the funds is accurate. The VPD has implemented procedures in compliance with the outlined laws and regulations. The Equitable Sharing Agreement and Certification Report has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact Approving execution of the Federal Equitable Sharing Agreement and Annual Certification Form may result in additional revenue to the General Fund, Forfeiture Revenue Account No. 011-440- 000-441013. Forfeited proceeds received through the equitable share program vary from year to year as funds are based on the resolution of specific court cases. Attachments 1. 2023-24 Equitable Sharing Agreement and Certification .  .  Item 10 Page 1 of 1 .  .  Item 10 Page 1 of 5 .  .  Item 10 Page 2 of 5 .  .  Item 10 Page 3 of 5 .  .  Item 10 Page 4 of 5 .  .  Item 10 Page 5 of 5 City Council Agenda Report Meeting Date:August 6, 2024 From:Robert Sousa, Chief of Police Department:Police Submitted by:Brandon Gray, Captain Subject Amendment No. 1 to Huntington Park Inmate Housing Agreement Ending Fiscal Year 2023-24 Recommendation Approve and authorize the City Administrator to execute Amendment No. 1 to the Huntington Park Police Department Jail Division Agreement for Inmate Housing services, covering the period of July 1, 2021 through June 30, 2024, in substantially the same form as submitted, to increase the value of the agreement by a total amount not-to-exceed $5,149.97. Background The Vernon Police Department (PD) contracts with the City of Huntington Park to provide inmate housing services. Outsourcing of inmate housing provides a cost-effective approach for the PD to address the need for jail services. The current agreement was approved by City Council on July 16, 2024, and is for a three-year term effective July 1, 2024. The previous Agreement for inmate housing services was approved by City Council on October 5, 2021, and was for a three- year term effective July 1, 2021 through June 30, 2024 (2021 Agreement). The 2021 Agreement was for a total cost of $225,000, allotting $75,000 for each year of the contract. On July 10, 2024, PD received invoices for inmate housing services provided during the months of May 2024 and June 2024 for a total cost of $9,226.91. However, the 2021 Agreement only had $4,076.94 remaining of the total amount approved for the contract. Since the outstanding invoices are for services rendered during the term of the 2021 Agreement, a total amount of $5,149.97 is needed to satisfy the invoices and closeout said contract. PD is requesting approval to amend the 2021 Agreement increasing the value by a total amount not-to-exceed $5,149.97. Pursuant to Vernon Municipal Code Section 3.32.030 (A), City Council approval is required as the total value over the lifetime of the agreement exceeds $100,000. The proposed Amendment No. 1 to the Agreement for Inmate Housing between the City of Vernon and the Huntington Park Police Department Jail Division has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact The fiscal impact is not-to-exceed $5,149.97 with the total value of $230,149.97 for the term of the 2021 Agreement. Sufficient funds are available in General Fund, Police Department, Professional Services – Admin Account No. 011-030-300-529220 for fiscal year 2023-24. Attachments 1. Amendment No. 1 – HP Agreement for Inmate Housing 2. Outstanding Invoices .  .  Item 11 Page 1 of 1 AMENDMENT NO. 1 TO THE AGREEMENT FOR INMATE HOUSING BETWEEN THE CITY OF VERNON AND THE CITY OF HUNTINGTON PARK POLICE DEPARTMENT JAIL DIVISION This Amendment No. 1 (Amendment) to the Agreement for inmate housing dated July 1, 2021 (Agreement), is made as of August 6, 2024, by and between the City of Vernon, a California charter City and California municipal corporation (“Vernon” of the “Arresting Agency”), and the City of Huntington Park, (“Huntington Park”). Vernon and Huntington Park agree as follows: RECITALS A. Vernon and Huntington Park are parties to a written Agreement dated July 1, 2021, under which Huntington Park provides housing of pre-arraignment arrestees. B. Due to unanticipated additional expenses incurred during the Agreement term, Vernon and Huntington Park desire to amend the Agreement to increase the total amount not to exceed by an additional $5,149.97. NOW, THEREFORE, the parties to this Amendment agree as follows: 1. Effective August 6, 2024, Huntington Park’s grand total consideration for the term of the Agreement, from July 1, 2021 to June 30, 2024, shall not exceed the amount of $230,149.97, without prior City Council approval and written amendment of the Agreement. 2. Except as expressly modified by this Amendment, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment. 4. The person or persons executing this Amendment on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. [Signatures Begin on Next Page]. .  .  Item 11 Page 1 of 2 Huntington Park Agreement for Inmate Housing Amendment No. 1 Page 2 of 2 _______________________ IN WITNESS WHEREOF, the parties have executed this Amendment as of the date stated in the introductory clause. City of Vernon, a California Charter City and California municipal corporation _______________________________ Daniel Calleros, Interim City Administrator ATTEST: ________________________________ Yonnie Parker, Deputy City Clerk APPROVED AS TO FORM: _______________________________ ZAYNAH N. MOUSSA, City Attorney City of Huntington Park Ricardo Reyes, City Manager ATTEST: City Clerk APPROVED AS TO FORM: Arnold Alvarez-Glasman, City Attorney .  .  Item 11 Page 2 of 2 .  .  Item 11 Page 1 of 3 .  .  Item 11 Page 2 of 3 .  .  Item 11 Page 3 of 3 City Council Agenda Report Meeting Date:August 6, 2024 From:Deborah Harrington, Interim City Clerk Department:City Clerk Submitted by:Sandra Dolson, Administrative Secretary Subject Authorize City’s Chief Building Official to Enforce the Fire Code Recommendation Conduct second reading and adopt Ordinance No. 1302 amending Vernon Municipal Code Section 8.04.010, authorizing the City’s Chief Building Official, or authorized representative to enforce the Fire Code in accordance with California Health and Safety Code Section 13869.7(h)(1)(B). Background At the July 16, 2024, Regular City Council Meeting, the City Council introduced and conducted the first reading of Ordinance No. 1302, which amends Vernon Municipal Code Section 8.04.010 to Authorize the City’s Chief Building Official, or authorized representative to enforce the Fire Code in compliance with California Health and Safety Code Section 13869.7(h)(1)(B). The summary of Ordinance No. 1302 was posted on the City’s website on July 16, 2024, and published on July 25, 2024, pursuant to legal requirements. Fiscal Impact The fiscal impact of publishing the ordinance is estimated at $100. Sufficient funds are available in the General Fund, City Clerk Department, Advertisement/Promotion Account No. 011-010- 125-525000 for the current fiscal year. Attachments 1. Ordinance No. 1302 .  .  Item 12 Page 1 of 1 ORDINANCE NO. 1302 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING VERNON MUNICIPAL CODE SECTION 8.04.010 OF CHAPTER 8.04 (FIRE CODE) TO AUTHORIZE THE CITY’S CHIEF BUILDING OFFICIAL, OR AUTHORIZED REPRESENTATIVE, TO ENFORCE THE FIRE CODE IN ACCORDANCE WITH CALIFORNIA HEALTH AND SAFETY CODE SECTION 13869.7(h)(1)(B) THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that this ordinance is not subject to CEQA because the adoption of this ordinance is not a “project” pursuant to CEQA Guidelines Section 15378. SECTION 2.Findings. A. The City of Vernon receives fire services provided by the Los Angeles County Consolidated Fire Protection District (LA County Fire), along with 60 other contract cities and all unincorporated areas within Los Angeles County. In addition to suppression and prevention services, LA County Fire also reviews building plans on the City’s behalf to help ensure compliance with applicable law. B. Vernon Municipal Code (VMC) Section 8.04.010 adopts the 2020 Los Angeles County Fire Code by reference. This is accomplished pursuant to Health and Safety Code Sections 17958 and 13869.7 which authorizes the City to adopt, modify, or reject ordinances adopted by LA County Fire including without limitation, building standards. The City has opted to adopt LA County Fire regulations in order to assist in LA County Fire in providing uniform building plan review to cities receiving services from LA County Fire. C. Health and Safety Code Section 13869.7(h)(1)(B) provides that “A city… that ratifies an ordinance relating to fire and panic safety … shall delegate the enforcement of the ordinance to … the chief building official of the city … or his or her authorized representative.” D. The authorization delegated to the City’s Chief Building Official to enforce the Fire Code is not explicitly stated in VMC Section 8.04.010. While such authority is implied, it is in the public interest to demonstrate clear compliance with Health and Safety Code Section 13869.7 to ensure continued enforcement of the City’s building, fire and other uniform codes. E. The City Council has determined that it is in the best interest of the public to immediately implement these proposed amendments and has concurrently introduced an .  .  Item 12 Page 1 of 2 Ordinance No. 1302 Page 2 of 2 _______________________ urgency ordinance to avoid threat to the public welfare, ambiguities, lapse in enforcement, or uncertainty in the law. SECTION 3. Section 8.04.010 (D) is hereby added to the VMC, as follows: “D. Pursuant to Health and Safety Code Section 13869.7(h)(1)(B), the City’s Chief Building Official, or authorized representative, is authorized to enforce the Fire Code.” SECTION 4. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this ordinance are declared to be severable. SECTION 6. The Deputy City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 7. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED August 6, 2024. JUDITH MERLO, Mayor ATTEST: YONNIE PARKER, Deputy City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney .  .  Item 12 Page 2 of 2 City Council Agenda Report Meeting Date:August 6, 2024 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Lissette Melendez, Project Engineer Subject Transfer Agreement No. 2024MP81 with the Los Angeles County Flood Control District for Measure W Funds Recommendation Approve and authorize the City Administrator to execute the Transfer Agreement between the City of Vernon and the Los Angeles County Flood Control District, in substantially the same form as submitted, to receive Annual Safe, Clean Water Program Funds (Measure W), for a 4-year term. Background Safe, Clean Water Program (SCWP) Overview In November 2018, Los Angeles County voters approved Measure W, the Safe, Clean Water Program. This initiative aims to enhance our local water supply, improve water quality, and safeguard public health. Additionally, the SCWP assists municipalities in meeting the requirements of the Municipal Separate Storm Sewer System (MS4) Permit. Revenue Distribution According to Section 16.04.A.2 of the Flood Control District Code, 40% of annual SCWP tax revenues will be allocated to municipalities within the District. The distribution will be proportional to the amount of revenue collected in each municipality. Furthermore, Section 16.05.A.1 mandates that municipalities must establish a Transfer Agreement with the District before receiving SCWP funds. Transfer Agreement Details The proposed Transfer Agreement, set to expire at the end of the 2027-28 Fiscal Year, ensures that SCWP payments will continue annually. These payments will be based on actual revenue collection timing by the Los Angeles County Flood Control District. The City Attorney’s Office has reviewed and approved the Transfer Agreement as to form. Fiscal Impact Entering into this Transfer Agreement will result in an estimated $925,000 in revenue to the General Fund, which will be allocated annually through the budget process to the Public Works and Health Departments. Attachments 1. Transfer Agreement No. 2024MP81 .  .  Item 13 Page 1 of 1 .  .  Item 13 Page 1 of 14 .  .  Item 13 Page 2 of 14 .  .  Item 13 Page 3 of 14 .  .  Item 13 Page 4 of 14 .  .  Item 13 Page 5 of 14 .  .  Item 13 Page 6 of 14 .  .  Item 13 Page 7 of 14 .  .  Item 13 Page 8 of 14 .  .  Item 13 Page 9 of 14 .  .  Item 13 Page 10 of 14 .  .  Item 13 Page 11 of 14 .  .  Item 13 Page 12 of 14 .  .  Item 13 Page 13 of 14 .  .  Item 13 Page 14 of 14 7 5 1 City Council Agenda Report Meeting Date:August 6, 2024 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Gerard Garcia, Assistant Engineer Subject Citywide Striping and Pavement Markings Recommendation A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (a) (existing highways and streets), because the project consists of the maintenance, repair, or minor alteration of existing facilities and involves negligible or no expansion of an existing use; B. Accept the bid proposal from WGJ Enterprises Inc., dba PCI (PCI) as the lowest responsive and responsible bidder for the Citywide Striping and Pavement Markings project and reject all other bids; C. Approve and authorize the City Administrator to execute Contract No. 20250017 (20240404) in the amount of $265,900 for the Citywide Striping and Pavement Markings project for a period not to exceed 30 days; and D. Authorize a contingency amount of ten percent (10%) or $26,590 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order(s) for an amount up to the contingency amount, if necessary. Background The Citywide Striping and Pavement Markings, Contract No. 20250017 (advertised as Contract No. 20240404) project consists of re-striping the City street lane lines and pavement markings in accordance with the latest Caltrans Standards. On April 23, 2024, the Public Works Department advertised the Notice Inviting Bids (NIB) for Contract No. 20240404 in accordance with Vernon Municipal Code Section 3.32.070(A) for competitive bidding. The NIB was posted on the City’s PlanetBids website and published in the local newspaper. The Department utilized the template Notice Inviting Bids, Bid form and Project Specifications, Instruction to Bidders, and Specifications and Contract approved by City Council. The bids for the project were received and opened on May 07, 2024. The calculated results were as follows: 1. WGJ Enterprises, Inc. dba PCI $265,900.00 2. Superior Pavement Marking $302,965.00 3. Cat Tracking, Inc. (CTI) $354,750.00 4. Sterndahl Enterprises, LLC $515,475.00 Public Works staff reviewed the bids and deemed the bid received from PCI to be the lowest responsive and responsible bid. Thus, staff recommends awarding the proposed contract to PCI. Given that the striping and pavement markings work would be performed in the current fiscal year (FY), the FY 2023-24 contract number previously advertised in the NIB (20240404) has since been updated to reflect a FY 2024-25 number and will be Contract No. 20250017. The proposed contract has been reviewed and approved as to form by the City Attorney’s Office. .  .  Item 14 Page 1 of 2 7 5 1 Fiscal Impact The fiscal impact is estimated at $292,490, including a contingency of 10%. Funds for the Citywide striping and pavement markings contract were included in the FY 2024-25 budget, however the approval of this action requires a budget transfer of $275,000 from General Fund, Public Works Department, Street Maintenance Division, Capital Outlay Account No. 011-040- 430-660000 to Repairs and Maintenance Account No. 011-040-430-529000. Attachments 1. 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Wall, P.E., Director of Public Works Department:Public Works Submitted by:Gerard Garcia, Assistant Engineer Subject Contract with Elka Construction, Inc. for 55th Street Recycle Center & Nursery – Soil & Miscellaneous Construction Material Removal Recommendation A. Find that the proposed action is categorically exempt under the California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15304 (Minor Alterations to Land), part (a) (grading on land with a slope of less than 10 percent), because the project is merely making minor alterations to the land and involves negligible or no expansion of existing use; B. Accept the bid proposal from Elka Construction, Inc. as the lowest responsive and responsible bidder for the 55th Street Recycle Center & Nursery – Soil & Miscellaneous Construction Material Removal, Contract No. 20250045 (20240407), and reject all other bids; C. Approve and authorize the City Administrator to execute Contract No. 20250045 (20240407) with Elka Construction, Inc., in substantially the same form as submitted, for the soil and miscellaneous construction material removal at 2221 E. 55th Street in an amount not-to-exceed $850,000; and D. Authorize a contingency amount of twenty-five percent (25%) or $212,500 to cover necessary disposal fees for materials collected at the site and/or to cover unanticipated expenses in the event of an unexpected changed condition in the project; and grant authority to the City Administrator to issue change order(s) for an amount up to the contingency amount, if necessary. Background The proposed Facility Improvement Capital Project, Contract No. 20250045 (advertised as Contract No. 20240407) involves removal of approximately 14,000 cubic yards of soil and miscellaneous construction material at 2221 E. 55th Street City yard. On April 2, 2024, the Public Works Department advertised the Notice Inviting Bids (NIB) for Contract No. 20240407 55th Street Recycle Center & Nursery – Soil & Miscellaneous Construction Material Removal in accordance with Vernon Municipal Code Section 3.32.070(A) for competitive bidding. The NIB was posted on the City’s PlanetBids website and published in the local newspaper. The Department utilized the template Notice Inviting Bids, Bid form and Project Specifications, Instruction to Bidders, and Specifications and Contract approved by City Council. The bids for the project were received and opened on April 30, 2024. The calculated results were as follows: 1. Elka Construction, Inc. $850,000.00 2. Integrated Demolition and Remediation, Inc. $973,000.00 3. CHI Construction $980,000.00 4. Remedial Transportation Services, Inc. $1,519,420.00 5. Power One, LLC $2,271,500.00 Public Works staff reviewed the bids and deemed that the bid received by Elka Construction, Inc. is the lowest responsive and responsible bid. Based on a thorough bid evaluation, staff .  .  Item 15 Page 1 of 2 recommends award of the proposed contract to Elka Construction, Inc. Given that the work will be performed in the current fiscal year (FY), the FY 2023-24 contract number previously advertised in the NIB (20240407) has since been updated to reflect a FY 2024-25 number and will be Contract No. 20250045. Staff is also requesting a contingency amount of twenty-five percent (25%), as there may be significant additional funds needed depending on the final amount and types of material removed from the site which will in-turn impact disposal and manifest fees from the landfills. Since such costs will not be known until the work is in progress, having a sufficient contingency amount will prevent unnecessary delays in the project timeline. Use of the contingency funds would require approval from the City Administrator. The proposed contract has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact The fiscal impact is estimated at $1,062,500, including a contingency of twenty-five percent (25%). Sufficient funds are available in General Fund, Public Works Department, Facilities Maintenance Division, Capital Outlay Account No. 011-040-415-660000 for the current fiscal year. Attachments 1. 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Recommendation A. Pursuant to Sections 3.32.220(B) and 3.32.110(B)(3) of the Vernon Municipal Code (VMC), find that it is commercially unreasonable to rebid the proposed agreement for specialized utility- related legal services every three years due to the expected continuous large development projects and various deal points that will be negotiated in phases and may span multiple years; and B. Approve and authorize the City Administrator to execute an Attorney Services Agreement with Duncan, Weinberg, Genzer & Pembroke, P.C. (DWGP), in substantially the same form as submitted, to provide specialized utility-related legal services to the Public Utilities Department in an amount not-to-exceed $1,160,382 for a five-year term. Background Vernon Public Utilities (VPU) has significant technical and operational requirements related to utility contract negotiations. This includes working with organizations such as the California Independent System Operator (CAISO), Federal Energy Regulatory Commission (FERC), and California Energy Commission (CEC). These utility needs call for specific legal expertise in the areas of water, electricity, and natural gas operations. However, VPU has found that not all legal firms possess the necessary detailed experience and familiarity with multiple utility services or with operational, financial, compliance, and regulatory requirements. In recent years, VPU has experienced a departure of some of the City’s major industrial customer base from California. Consequently, the utility is seeking to support new industry sectors, including Green Commerce. These new businesses are proposing large developments that are new and unique to the city, necessitating expertise in the development and negotiation of various complex contracts. This will ensure the utility's future financial and operational stability and facilitate the establishment of new funding sources. The City has utilized the services of Duncan, Weinberg, Genzer & Pembroke, P.C. (DWGP) for specialized utility-related legal services for VPU. On August 3, 2021, the City Council approved a three-year Attorney Services Agreement with DWGP to provide these specific legal services. The current agreement is set to expire on August 2, 2024. As per Vernon Municipal Code (VMC) Section 3.32.080, on July 3, 2024, staff issued a Request for Proposals (RFP) to seek proposals from qualified firms or attorneys to continue providing specialized utility-related legal services. The RFP was advertised on the City’s Planet Bids platform. The scope of services included specialized legal services for VPU regarding utility legal matters such as electric, water, natural gas, and dark fiber services. The scope includes drafting contracts, FERC and CAISO matters, litigation, and advisory services. The selected firm/attorney is expected to provide support for renewable energy, procurement, and load-serving matters, including power purchase agreements, financing agreements, and advice on rates and energy risk management. Additionally, assistance is required for interpreting and complying with laws affecting California publicly owned utilities in federal, state, and local environmental regulatory matters, regulatory .  .  Item 16 Page 1 of 3 changes, and legislative matters related to electric, water, natural gas, and fiber utilities. Proposal packages were received from four firms by the July 16, 2024 deadline. A qualified panel thoroughly examined the proposals received based on the professional qualifications (60%), cost and fees to the City (20%), demonstrated competence (15%), and overall quality and responsiveness to the RFP (5%). While all four firms met the minimum criteria, the proposal from DWGP demonstrated the highest competence, and of the firms interviewed, DWGP’s rates were among the lowest. The proposal submitted by DWGP ranked the highest score across the panel and was, therefore, deemed the most qualified. DWGP has over twenty-five years of experience representing California municipal utility clients, addressing issues related to their relationships with neighboring investor-owned utilities, fulfilling state agency requirements, and ensuring compliance with the North American Electric Reliability Corporation and the Western Electricity Coordinating Council. DWGP is highly qualified to provide the services set forth in the Scope of Work contained in the RFP and can continue to offer their expertise to the City and to VPU. DWGP has significant experience in Vernon providing specialized legal services to VPU, including successfully assisted VPU to terminate its existing transmission contracts with Southern California Edison and the Los Angeles Department of Water and Power and assisted in withdrawing from the CAISO as a Participating Transmission Owner. DWGP has assisted VPU in managing its significant forecasted increase in load growth by providing guidance and creating and negotiating customized agreements. The proposed Attorney Services Agreement will have a five-year term. Pursuant to Sections 3.32.220(B) and 3.32.110(B)(3) of the VMC, staff recommends the City Council deem the proposed agreement for specialized utility-related legal services is commercially unreasonable to be rebid every three years due to the expected continuous large development projects and various deal points that will be negotiated in phases and may span multiple years. To ensure accountability and flexibility with the development of these complex legal contracts and to maintain the continuity of the selected law firm, the utility recommends having the legal services align with the development timeline of five years. A three-year limit would make it unnecessarily challenging to manage a variety of work contracts, including environmental compliance and regulatory matters. Staff recommends that the City Council approve an Attorney Services Agreement with DWGP to provide specialized utility-related legal services to the Public Utilities Department for a total amount not-to-exceed $1,160,382 over the term of five years. The five-year cost is provided below: Year 1: $210,000 Year 2: $220,500 Year 3: $231,525 Year 4: $243,101 Year 5: $255,256 Total: $1,160,382 The proposed Attorney Services Agreement has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact.  .  Item 16 Page 2 of 3 The fiscal impact is not-to-exceed $1,160,382 for the services agreement five-year term. Sufficient funds are available in the Electric Fund, Administration Department, Professional Services – Legal Account No. 055-050-580-529200 for the current fiscal year and sufficient funds will be budgeted in subsequent years. Attachments 1. Attorney Services Agreement with Duncan, Weinberg, Genzer & Pembroke, P.C. .  .  Item 16 Page 3 of 3 .  .  Item 16 Page 1 of 19 .  .  Item 16 Page 2 of 19 .  .  Item 16 Page 3 of 19 .  .  Item 16 Page 4 of 19 .  .  Item 16 Page 5 of 19 .  .  Item 16 Page 6 of 19 .  .  Item 16 Page 7 of 19 .  .  Item 16 Page 8 of 19 .  .  Item 16 Page 9 of 19 .  .  Item 16 Page 10 of 19 .  .  Item 16 Page 11 of 19 .  .  Item 16 Page 12 of 19 .  .  Item 16 Page 13 of 19 .  .  Item 16 Page 14 of 19 .  .  Item 16 Page 15 of 19 .  .  Item 16 Page 16 of 19 .  .  Item 16 Page 17 of 19 .  .  Item 16 Page 18 of 19 .  .  Item 16 Page 19 of 19 City Council Agenda Report Meeting Date:August 6, 2024 From:Deborah Harrington, City Clerk Department:City Clerk Submitted by:Deborah Harrington, City Clerk Subject Annual City Council Reorganization Recommendation Discuss and provide direction regarding the proposed City Council Reorganization Charter Amendment. Background Chapters 3.5 and 3.6 of the Vernon City Charter provide direction for the installation of Mayor and Mayor Pro Tempore following a regular municipal election, and at any time there is a vacancy in the Office of Mayor and Mayor Pro Tempore. Prior to the rotation process, the positions of Mayor and Mayor Pro Tempore were determined by vote of the City Council. The rotation process was established to ensure each Council Member has an opportunity to serve as Mayor. Currently the Charter states “the position of Mayor shall be filled by the Council Member whose election immediately followed the election of the prior Mayor. Additionally, “at the time that a Mayor is appointed, the position of Mayor Pro Tempore shall be filled by the Council Member whose election immediately followed that of the newly appointed Mayor.” The Charter also establishes a similar process should a Council Member decline to serve in either capacity. Other factors that may affect the anticipated rotation would be recalls, resignations and subsequent special elections. At their May 21, 2024 meeting, the City Council provided direction regarding desired changes to the Mayor and Mayor Pro Tempore rotation process to allow the Mayor and Mayor Pro Tempore positions to be filled by the Council Members serving in the fifth and fourth year of their respective Council seat terms. The intent behind this proposed change in rotation is to recognize the service of Council Members serving the final year of their term by allowing them the opportunity to “term out” as Mayor. Accordingly, staff is proposing amendments to Chapters 3.5 and 3.6 of the Vernon City Charter. Chapter 3.5. Mayor. Proposed language in the first paragraph would read as follows: At the Council meeting at which any Council Member is installed following a regular municipal election, and at any time when there is a vacancy in the office of the Mayor, the position of Mayor shall be filled by the Council Member entering the fifth (last) year of their Council seat’s term. In the event any Council Member scheduled to be Mayor is unable or desires not to be Mayor, the position of Mayor shall be filled by the Council Member entering the fourth year of their Council seat’s term, and so on in descending order if necessary. Chapter 3.6. Mayor Pro Tempore. Proposed language in the first paragraph would read as follows: .  .  Item 17 Page 1 of 2 At the time that a Mayor is appointed, the position of Mayor Pro Tempore shall be filled by the Council Member entering the fourth year of their Council seat’s term. In the event any Council Member scheduled to be Mayor Pro Tempore is unable or desires not to be Mayor Pro Tempore, the position of Mayor Pro Tempore shall be filled by the Council Member entering the third year of their Council seat’s term, and so on in descending order if necessary. The proposed Charter amendment language is for Council to discuss, modify if necessary and approve to bring back as a ballot measure for the next election. The Charter dictates elections are to be held on the second Tuesday of each year; thus the 2025 General Municipal Election (GME) will be held on April 8, 2025. Staff plans to present the resolution calling the GME on November 5, 2024. The resolution would include a measure, if directed by Council, to be included on the April 8, 2025 ballot. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Redline version Vernon Charter Chapters 3.5 and 3.6 .  .  Item 17 Page 2 of 2 Article III. City Council CH: 3.5. Mayor. At the Council meeting at which any Council member is installed following a regular municipal election, and at any time when there is a vacancy in the office of Mayor, the position of Mayor shall be filled by the Council Member entering the fifth (last) year of their Council seat’s term . by the whose election immediately followed the election of the prior Mayor. For the first year after passage of the Charter Amendment establishing this automatic rotation appointment process, the position of Mayor shall be filled by the Council Member who has served on the City Council for the longest period of time within their respective current terms. In the event any Council Member scheduled to be Mayor is unable or desires not to be Mayor, the position of Mayor shall be filled by the Council Member entering the fourth year of their Council seat’s term, and so on in descending order if necessary. who was elected to the City Council in the year immediately following that person. The Mayor shall be the presiding officer of the City Council. The Mayor shall be a member of the City Council for all purposes and shall have all the rights, powers and duties of a member of the City Council in addition to those powers and duties conferred upon the Mayor by virtue of his or her office. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall perform such other duties consistent with the office of mayor as may be prescribed by this Charter or as may be provided by the City Council. The Mayor shall serve in his or her capacity at the pleasure of the City Council and may be removed by a majority vote of the members of the City Council. (Amended by Res. No. 2019-53, ratified by the voters April 14, 2020) CH: 3.6. Mayor Pro Tempore. At the time that a mayor is appointed, the position of Mayor Pro Tempore shall be filled by the the Council Member Council Member entering the fourth year of their Council seat’s termwhose election immediately followed that of the newly appointed Mayor. For the first year after passage of the Charter Amendment establishing this automatic rotation appointment process, the position of Mayor Pro Tempore shall be filled by the Council Member who has served on the City Council for the next-to- longest period of time within their respective current terms. In the event any Council Member scheduled to be Mayor Pro Tempore is unable or desires not to be Mayor Pro Tempore, the position of Mayor Pro Tempore shall be filled by the Council Member entering the third year of their Council seat’s term, and so on in descending order if necessary. who was elected to the City Council in the year immediately following that person. The Mayor Pro Tempore shall serve in such capacity at the pleasure of the City Council and may be removed by a majority vote of the members of the Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. (Amended by Res. No. 2019-53, ratified by the voters April 14, 2020) .  .  Item 17 Page 1 of 1 City Council Agenda Report Meeting Date:August 6, 2024 From:Daniel S. Wall, P.E., Director of Public Works Department:Public Works Submitted by:Daniel S. Wall, P.E., Director of Public Works Subject Resolution Approving the Submittals of Applications for Per Capita Grant Funds Recommendation A. Find that approval of the proposed action is exempt from 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; any projects pursued under the grant program are possible future actions which the City has not approved, adopted, or funded; and B. Adopt Resolution No. 2024-016 Approving the Submittals of Applications for Per Capita Grant Funds. Background The California State Department of Parks and Recreation administers the Per Capita Grant Program, through the Office of Grants and Local Services (OGALS), to support the creation, rehabilitation, and improvement of parks and other eligible projects. This program originates from Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018. The City of Vernon is eligible to receive $178,080 through this program. If awarded, grant funds could be used for improvements to the Civic Plaza in front of City Hall or could be used toward the creation of new park space. In accordance with the Per Capita Program Procedural Guide, the proposed resolution serves two purposes: a. It is how the City Council agrees to the terms of the contract, including confirmation that the City has the funding to complete, operate, and maintain projects associated with the contract; and b. It designates a position title to represent the City Council on all matters regarding projects associated with the contract. Adopting the proposed resolution is the first step in the following process: 1. Pass a resolution to accept Per Capita Funds. 2. Identify project(s) for funding. 3. Email Application Packet(s) to OGALS Project Officer by December 31, 2024. 4. Sign and encumber Per Capita Contracts by March 31, 2025. 5. Complete all Per Capita Projects by December 31, 2027. 6. Submit Project Completion Package(s) to OGALS Project Officer by March 31, 2028. Fiscal Impact There is no fiscal impact associated with the adoption of Resolution No. 2024-016 Approving Applications for Per Capita Grant Funds. Attachments 1. Resolution No. 2024-016.  .  Item 18 Page 1 of 1 RESOLUTION NO. 2024-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE SUBMITTALS OF APPLICATIONS FOR PER CAPITA GRANT FUNDS SECTION 1. Recitals. A. The State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s). B. Procedures established by the State Department of Parks and Recreation require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State. C. The City of Vernon will enter into a contract(s) with the State of California to complete project(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council finds and determines that the above recitals are true and correct. SECTION 3. The City Council approves the filing of project application(s) for Per Capita program grant project(s). SECTION 4. The City Council certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s). SECTION 5. The City Council certifies that the grantee has or will have sufficient funds to operate and maintain the project(s). SECTION 6. The City Council certifies that all projects proposed will be consistent with the park and recreation element of the City of Vernon’s general or recreation plan (Public Resources Code (PRC) §80063(a)). SECTION 7. The City Council certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)). SECTION 8. The City Council certifies that it will comply with the provisions of §1771.5 of the State Labor Code. .  .  Item 18 Page 1 of 3 Resolution No. 2024-016 Page 2 of 3 _______________________ SECTION 9. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the “Presidential Memorandum Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City of Vernon will consider a range of actions that include, but are not limited to, the following: (A) Conducting active outreach to diverse populations, particularly minority, low- income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas. (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities. (E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. SECTION 10. The City Council agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)). SECTION 11. The City Council certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)). SECTION 12. The City Council certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide. SECTION 13. The City Council delegates the authority to the City Administrator, the Director of Public Works, or designee, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s). .  .  Item 18 Page 2 of 3 Resolution No. 2024-016 Page 3 of 3 _______________________ SECTION 14. The City Council agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. SECTION 15. The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED August 6, 2024. ________________________ JUDITH MERLO, Mayor ATTEST: YONNIE PARKER, Deputy City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney .  .  Item 18 Page 3 of 3 City Council Agenda Report Meeting Date:August 6, 2024 From:Daniel Calleros, Interim City Administrator Department:City Administration Submitted by:Lilia Hernandez, Assistant to the City Administrator Subject Opposition to Metro Link Union Station (Link US) Project Recommendation Oppose the Metro Link US Project based on concerns about its potential negative effects on the City and surrounding communities that include, but are not limited to, public safety, air quality, traffic, transportation, economic/financial, and socioeconomic impacts. Background The Los Angeles County Metropolitan Transportation Authority (Metro), as the owner of the Los Angeles Union Station (LAUS), is proposing the Link Union Station (Link US) Project to address capacity constraints at LAUS and to prepare LAUS for future high-speed rail service. The Link US Project proposes the integration of new run-through tracks on an elevated rail yard to improve operational flexibility and expand capacity at LAUS. While the focus of the Project is Union Station, the Project will have significant impacts within the City of Vernon due to proposed infrastructure changes designed to optimize BNSF Railway operations and expand rail car storage at the BNSF Malabar Rail Storage Yard, located in Vernon. Malabar Yard railroad modifications in the City of Vernon are intended to offset the loss of storage track capacity at the BNSF West Bank Yard that will be acquired by Metro in support of high-speed rail. The 49th Street Closure in Vernon is proposed to accommodate approximately 3,350 track feet of storage capacity at the BNSF Malabar Yard, and the 46th Street Connector would provide a dedicated connection for freight trains to travel between BNSF’s Malabar Yard and BNSF’s Los Angeles Junction. At the May 9, 2024 Vernon Business and Industry Commission (BIC) meeting, Metro staff provided a presentation to the BIC on the Metro Link US Project and upcoming opportunity for public review and comment anticipated with the pending release of the Draft Environmental Impact Statement/Supplemental Environmental Impact Report (Draft EIS/SEIR). During the meeting, the BIC, and the Vernon Chamber of Commerce and business/property owners in attendance expressed concerns with the logistical impacts that the proposed road closure would have on business operations, traffic congestion, and public safety response times. Following the BIC meeting, City staff also met with Metro to discuss the Project and reiterated Vernon’s concerns. On June 21, 2024, the California High-Speed Rail Authority (CHSRA) and Metro released the Draft EIS/SEIR to the public and provided for a comment period beginning on June 21 and ending on August 9, 2024. CHSRA is the lead agency for complying with the National Environmental Policy Act (NEPA) and other federal environmental laws for the Project. Metro is the joint lead agency under NEPA, a project sponsor and lead agency under the California Environmental Quality Act (CEQA). The Draft EIS/SEIR was prepared by CHSRA (as the NEPA lead agency) and Metro (as the CEQA lead agency) to analyze the potential environmental effects of the Project and to identify mitigation measures that would avoid, minimize, or mitigate for potential adverse effects. .  .  Item 19 Page 1 of 3 The Draft EIS/SEIR includes analyses for the following environmental resource areas: Land Use & Planning, Transportation, Visual Quality & Aesthetics, Air Quality & Global Climate Change, Noise & Vibration, Biological & Wetland Resources, Floodplains, Hydrology, & Water Quality, Geology, Soils, & Seismicity, Hazardous Waste & Materials, Public Utilities & Energy, Cultural & Paleontological Resources, Economic & Fiscal Impacts, Safety & Security, Socioeconomics & Communities Affected, and Environmental Justice. Since the release of the Draft EIS/SEIR, City staff have carefully reviewed the documents (over 2,000 pages) to analyze and evaluate the environmental impact study and to identify potential impacts to the City of Vernon. In short, staff have ascertained that there is a lack of qualified, accurate data used in many of the Metro Link US Project analyses that conclude that the Project bears little to no foreseen environmental effects on the City and surrounding Southeast Los Angeles Area (SELA) communities. For example, traffic volume during the COVID-19 pandemic is not reflective of normal traffic conditions. The analyses do not consider the City’s mixed-use zoning and residents in close proximity to the Malabar Yard. Additionally, emissions in Vernon were considered mitigated based on emissions reductions anticipated in other areas (not Vernon or SELA). Based on the information contained within the Draft EIS/SEIR staff has determined the Project would result in the following adverse impacts: Air Quality and Increased Emissions The proposed modifications to BNSF’s Malabar Rail Yard to increase storage capacity will lead to an increase in freight railcar traffic within the City of Vernon. This increase in railcars will also cause vehicles to idle longer while waiting for trains to pass. Consequently, this will result in higher emissions of pollutants such as nitrogen oxides (NOx), particulate matter (PM), and other harmful air pollutants. Public Safety Response Times and Emergency Vehicle Access The increase in freight traffic will directly impact the response times of emergency vehicles in the City of Vernon. The Vernon Police Department, which prides itself on a swift three-minute response time, is situated on the west side of the rail crossings. If a freight train is passing through, officers must drive south into Huntington Park to circumvent the train, delaying their arrival at critical incidents. Such delays can also impede fire and medical emergency services, and in urgent situations, even a few minutes can mean the difference between life and death. The proposed project does not adequately address how these potential delays will be mitigated to ensure the safety and well-being of Vernon's residents and workforce. Traffic Impact with Street Modifications The proposed closure of 49th Street and the 46th Street Connector, will cause significant traffic impacts. These two streets are heavily used by surrounding businesses and the closure/modifications will result in issues with traffic patterns, on-street and private parking, and access to loading docks, leading to congestion and delays for commuters and local businesses. The closure of 49th Street alone will create additional blockages on: Pacific Avenue (two locations), East bound traffic on 46th Street, Seville Avenue, Soto Street, 44th Street, Boyle Street, Alcoa Avenue, and South Downey Road. These traffic delays are expected to have a cascading effect on the overall transportation network in Vernon, negatively impacting the daily operations and productivity of local businesses and the quality of life for residents. Operational and Physical Impacts to Businesses .  .  Item 19 Page 2 of 3 The proposed expansion and modifications at the Malabar Yard will also have detrimental operational and physical impacts on at least 21 businesses in the vicinity. Metro proposes several design options that include full demolition of several business buildings. The potential use of business properties for the expansion could result in the displacement of established businesses, loss of jobs, and economic instability in the area. Additionally, operational disruptions caused by increased freight traffic and construction activities can hinder the day-to-day activities of local businesses, leading to financial losses and forcing several businesses to shut down. Staff recommends that Council take a position opposing the Metro Link US Project based on the negative impacts to the City of Vernon, its businesses and residents, and surrounding communities. Staff is preparing written comments to be submitted to Metro by their August 9, 2024 public comment deadline. Fiscal Impact There is no fiscal impact associated with this report. Attachments None. .  .  Item 19 Page 3 of 3