20191001 Regular City Council Meeting - Minutes MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY,OCTOBER 1,2019,IN COUNCIL
CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
CALL TO ORDER& FLAG SALUTE
The meeting was called to order at 9:00 a.m. by Mayor Ybarra. Interim Fire Chief Enriquez led
the Flag Salute.
Members Present: Mayor Melissa Ybarra, Mayor Pro Tempore Leticia Lopez, and Council
Members William Davis and Carol Menke
Members Absent: None
CHANGES TO THE AGENDA
Interim City Clerk Harrington announced that there were no changes to the agenda.
CLOSED SESSION
City Council entered Closed Session at 9:01 a.m.
1. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator
Employee Organizations:
Teamsters Local 911, Vernon Professional Firefighters Association, and Vernon Fire
Management Association
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION(2)
Government Code Section 54956.9(d)(1)
Bicent(California)Malburg LLC et al. v. City of Vernon et al.,
Los Angeles Superior Court Case No. 19STCV08859
City of Vernon v. Bicent(California) Malburg LLC
Los Angeles Superior Court Case No. 19STCP02411 and JAMS Reference No.
1220062657
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Potential Initiation of Litigation.
Government Code Section 54956.9(d)(2)
Number of potential cases: 1
At 9:35 a.m., the Council exited Closed Session. City Attorney Patel reported that all Closed
Session items were discussed and the Council unanimously approved Amendment No. 2 to the
Engagement Letter Agreement between the City of Vernon and Morgan Lewis.
PUBLIC COMMENT
None.
PRESENTATION
4. Recognition of Retiring Employee-Todd R. Schoenig, Fire Battalion Chief
Recommendation: A. Acknowledge and present a proclamation to retiring employee
Todd R. Schoenig. Fire Battalion Chief, in recognition of his dedicated service to the City
of Vernon.
Interim City Clerk Harrington announced the Proclamation in recognition of retiring employee
Todd R. Schoenig, Fire Battalion Chief,who was not in attendance.
Regular ('its Council Minutes I'aor 2 of 7
October 1 . 2019
5. A Proclamation Declaring the Month of October 2019 as "National Breast Cancer
Awareness Month" in the City of Vernon
Recommendation: A. Acknowledge and announce a Proclamation declaring the Month of
October 2019 as "National Breast Cancer Awareness Month" in the City of Vernon
Interim City Clerk Harrington read the Proclamation declaring the Month of October 2019 as
"National Breast Cancer Awareness Month" in the City of Vernon.
6. City of Vernon Water Rate Study and Water Rate Schedule Adoption Process
(Proposition 218 Compliance)
Presentation by: City staff and Dan Bergmann of Interstate Gas Services, Inc.
Recommendation: This item is a presentation only. No action required by City Council.
Interim General Manager of Public Utilities Alemu announced that Todd Dusenberry and City
Consultant Dan Bergman would provide the PowerPoint Presentation.
Interim City Clerk Harrington distributed a revised copy of the Public Hearing Notice relating to
the Water Rate Study.
Todd Dusenberry, Assistant General Manager of Public Utilities, provided a brief overview of the
Vernon Capital Improvement Project Plan and Proposition 218 Compliance. He announced that
Water Rate Increase notices would be mailed to customers and parcel owners, and a customer
informational meeting would be conducted on October 22, 2019.
Dan Bergman, Interstate Gas Service Consultant, presented a PowerPoint Presentation including
a brief overview of the Rate Study Components and highlights.
CONSENT CALENDAR
There were no public comments.
MOTION
Council Member Davis moved and Mayor Pro Tempore Lopez seconded a motion to approve
Consent Calendar Item Nos. 7 through No. 17. The motion carried unanimously.
7. Minutes of the Regular City Council Meeting Held on September 17, 2019
Recommendation: A. Receive and File.
8. Minutes of the Regular City Council Meeting Held on September 3, 2019
Recommendation: A. Receive and File
9. Minutes of the Regular City Council Meeting Held on August 20, 2019
Recommendation: A. Receive and File.
10. Approval of Federal Funds for Street Improvements Account Warrant Register No.
30 Covering the Period of September 10 through September 23, 2019
Recommendation: A. Approve Federal Funds for Street Improvements Account Warrant
Register No. 30 which totals $16,600.23 and consists of the following:
1) Ratification of electronic payments totaling $16,600.23.
11. Approval of Operating Account Warrant Register No. 31 Covering the Period of
September 10 through September 23, 2019
Recommendation: A. Approve Operating Account Warrant Register No. 31 which totals
$7,627,184.82 and consists of the following:
1) Ratification of electronic payments totaling $7,333,554.71.
2) Ratification of the issuance of early checks totaling $253,527.11.
3) Authorization to issue pending checks totaling $40,103.00.
12. Fire Department Activity Report for the Period of August 16 through August 31,2019
Recommendation: A. Receive and file.
Inc ul,u t it\ ( \ Page 3 of 7
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13. Amended Building and Planning Manager Job Description
Recommendation: A. Find that approval of the attached job description revision in this
staff report is exempt from California Environmental Quality Act(CEQA)review,because
it is an administrative activity that will not result in direct or indirect physical changes in
the environment and therefore does not constitute a "project" as defined by CEQA
Guidelines Section 15378; and
B. Approve amended Building and Planning Manager Job Description to more accurately
reflect the duties, responsibilities and requirements of this position effective October 1,
2019.
14. Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant
Agreement
Recommendation: A. Find that the approval of the proposed agreement is exempt from
California Environmental Quality Act ("CEQA") review, because it is a continuing
administrative activity that will not result in direct or indirect physical changes in the
environment,and therefore does not constitute a"project"as defined by CEQA Guidelines
section 15378;
B. Approve an agreement between the City of Vernon and the Office of Traffic Safety, in
substantially the same form as submitted herewith, for a one (1) year term; and
C. Authorize the City Administrator, Police Chief, and Police Sergeant to execute an
agreement between the City of Vernon and the Office of Traffic Safety for participation in
the Selective Traffic Enforcement Program (STEP) with an effective date of October 1,
2019.
15. Vernon Police Department Activity Log and Statistical Summary for the period of
August 16 through August 31, 2019
Recommendation: A. Receive and file.
16. Ratification of the Submission to the California Energy Commission of the
Attestation of the Veracity of the 2018 Power Source Disclosure Program Annual
Report and Approval of the 2018 Power Content Label
Recommendation: A. Find that approval of the proposed action is exempt under the
California Environmental Quality Act (CEQA) review, because it is an administrative
activity that will not result in direct or indirect physical changes in the environment, and
therefore does not constitute a "project"as defined by CEQA Guidelines section 15378;
B. Ratify the submission to the California Energy Commission of the attestation, signed
by Vernon Public Utilities' Interim General Manager, of the veracity of the 2018 Power
Source Disclosure Program Annual Report; and
C. Approve the 2018 Power Content Label and authorize its submission to the California
Energy Commission.
17. Public Works Department August 2019 Monthly Building Report
Recommendation: A. Receive and File.
NEW BUSINESS
18. Resolution Appointing Lisa M. Pope to Serve as City Clerk and Approving and
Authorizing the Execution of a Related At-Will Employment Agreement
Recommendation: A. Find that approval of the proposed actions are exempt from
California Environmental Quality Act (CEQA) review, because they are administrative
activities that will not result in direct or indirect physical changes in the environment, and
therefore do not constitute a "project" as defined by CEQA Guidelines section 15378; and
B. Adopt the resolution appointing Lisa M. Pope to serve as City Clerk of the City of
Vernon effective October 7, 2019,and approving and authorizing the execution of a related
at-will employment agreement.
Director of Human Resources Earl reported on the resolution appointing Lisa M. Pope to serve as
City Clerk and approving and authorizing the execution of a related At-Will Employment
Agreement. He provided a brief overview of Ms. Pope's distinguished qualifications to be
appointed as the City Clerk for the City of Vernon.
There were no public comments.
Regular ( its Council Minutes Page 4 of 7
October 1. 2019
MOTION
Council Member Menke moved and Mayor Pro Tempore Lopez seconded a motion to: A. Find
that approval of the proposed actions are exempt from California Environmental Quality Act
(CEQA) review, because they are administrative activities that will not result in direct or indirect
physical changes in the environment, and therefore do not constitute a "project" as defined by
CEQA Guidelines section 15378; and B. Adopt the resolution appointing Lisa M. Pope to serve
as City Clerk of the City of Vernon effective October 7, 2019, and approving and authorizing the
execution of a related at-will employment agreement. The motion carried unanimously.
19. Amendment No. 2 to the Services Agreement with Vasquez and Company LLP for
Professional Auditing Services for Fiscal Years 2016-2018
Recommendation: A. Find that approval of the proposed action is exempt from the
California Environmental Quality Act (CEQA), because it is a continuing administrative
activity that will not result in direct or indirect physical changes in the environment, and
therefore does not constitute a "project" as defined by CEQA Guidelines section 15378.
Even if such were a project, it would be exempt from CEQA review in accordance with
Section 15061(b)(3), the general rule is that CEQA only applies to activities that may have
a significant effect on the environment;
B. Find that it is in the best interest of the City to approve a direct award of the contract
and exempt this amendment from competitive selection based on this determination
pursuant to City Code Article IV Section 2.17.12(B)(2);
C. Approve Amendment No. 2 to the services agreement with Vasquez & Company LLP
for professional auditing services for fiscal years 2016-2018, in substantially the same form
as submitted herewith, renewing the agreement through August 6, 2020 for a total not to
exceed amount of$110,000 for the renewal term;
D. Authorize the City Administrator to execute Amendment No. 2 to provide Audit
Services for one additional Fiscal Year (Year Ended June 30, 2019) to audit the Annual
Financial Report of the City and Epic Land Solution's Phase II Asset Valuation Report.
City Administrator Fandino reported on Amendment No. 2 to the Services Agreement with
Vasquez and Company LLP for Professional Auditing Services for Fiscal Years 2016-2018.
Mayor Ybarra inquired as to the Request for Proposals for auditing services solicited by the City.
Administrator Fandino responded accordingly.
Roger A. Martinez, CPA Partner—Audit Practice Leader, Vasquez and Company LLP, addressed
the Council regarding concerns surrounding the Vasquez and Company LLP legal issues raised
during the previous City Council meeting and civil litigation which had been resolved.
In response to Council Member Menke, Mr. Martinez stated the firm was subject to a
nondisclosure agreement in the settlement.
A dialogue ensued between the Council and staff as to valuation of infrastructures, uncompleted
valuations, modified opinions relating to estimates, best practices as to the time frame to retain an
auditing firm to provide auditing services, City assets, estimated time for Vasquez& Company to
complete last year's Annual Financial Report, and Requests for Proposals for auditing services for
L next fiscal year auditing.
There were no public comments.
MOTION
Council Member Davis moved and Mayor Pro Tempore Lopez seconded a motion to: A. Find that
approval of the proposed action is exempt from the California Environmental Quality Act(CEQA),
because it is a continuing administrative activity that will not result in direct or indirect physical
changes in the environment, and therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378. Even if such were a project, it would be exempt from CEQA review in
accordance with Section 15061(b)(3), the general rule is that CEQA only applies to activities that
may have a significant effect on the environment; B. Find that it is in the best interest of the City
to approve a direct award of the contract and exempt this amendment from competitive selection
Regular City Council Minutes Page 5 of 7
October 1, 2019
based on this determination pursuant to City Code Article IV Section 2.17.12(B)(2); C. Approve
Amendment No. 2 to the services agreement with Vasquez & Company LLP for professional
auditing services for fiscal years 2016-2018,in substantially the same form as submitted,renewing
the agreement through August 6,2020 for a total not to exceed amount of$110,000 for the renewal
term; and D. Authorize the City Administrator to execute Amendment No. 2 to provide Audit
Services for one additional Fiscal Year(Year Ended June 30, 2019)to audit the Annual Financial
Report of the City and Epic Land Solution's Phase II Asset Valuation Report. The motion carried,
3 — 1, Council Member Menke dissenting.
20. Agreement with the Consolidated Fire Protection District of Los Angeles County for
Dispatch Services
Recommendation: A. Find that the approval of the proposed actions are exempt from
California Environmental Quality Act ("CEQA") review, because it is an administrative
activity that will not result in direct or indirect physical changes in the environment, and
therefore does not constitute a "project" as defined by CEQA Guidelines section 15378;
and
B. Repeal the City Council's approval of the Agreement with the Consolidated Fire
Protection District of Los Angeles County for Dispatch Services approved by minute order
on September 3, 2019; and
C. Approve a revised Agreement with the Consolidated Fire Protection District of Los
Angeles County for Dispatch Services, in substantially the same form as submitted
herewith, to provide dispatch services at a rate of$40.13 per incident in addition to start-
up costs(annual dispatch service cost estimated to be$73,438 and start-up transition costs
estimated to be $521,609); and
D. Authorize the Mayor to execute a Services Agreement with the Fire District,to provide
dispatch services to the City of Vernon with a tentative effective date of October 21,2019;
and
E. Authorize for the termination of the current dispatch services agreement with the City
of Burbank, the City of Glendale and the City of Pasadena (hereinafter referred to
collectively as the"Verdugo Cities")effective the day after the dispatch service agreement
with Fire District takes effect.
Interim Fire Chief Enriquez reported on the agreement with the Consolidated Fire Protection
District of Los Angeles County for Dispatch Services.
Mayor Ybarra commented that she was under the impression that the dispatch services agreement
with the City of Burbank, City of Glendale, and City of Pasadena was terminated when City
Council approved the dispatch agreement with the Consolidated Fire Protection District of Los
Angeles County. Interim Fire Chief Enriquez responded accordingly.
There were no public comments.
MOTION
Council Member Menke moved and Mayor Pro Tempore Lopez seconded a motion to: A. Find
that the approval of the proposed actions are exempt from California Environmental Quality Act
("CEQA") review, because it is an administrative activity that will not result in direct or indirect
physical changes in the environment, and therefore does not constitute a"project" as defined by
CEQA Guidelines section 15378; B. Repeal the City Council's approval of the Agreement with
the Consolidated Fire Protection District of Los Angeles County for Dispatch Services approved
by minute order on September 3, 2019; C. Approve a revised Agreement with the Consolidated
Fire Protection District of Los Angeles County for Dispatch Services, in substantially the same
form as submitted herewith,to provide dispatch services at a rate of$40.13 per incident in addition
to start-up costs(annual dispatch service cost estimated to be $73,438 and start-up transition costs
estimated to be$521,609);D. Authorize the Mayor to execute a Services Agreement with the Fire
District, to provide dispatch services to the City of Vernon with a tentative effective date of
October 21,2019;and E. Authorize for the termination of the current dispatch services agreement
with the City of Burbank, the City of Glendale and the City of Pasadena (hereinafter referred to
kegulcir ('it\ ( ()tined \linulcs Page (' of 7
Octal-,c'r 1 . _1)1 9
collectively as the "Verdugo Cities') effective the day after the dispatch service agreement with
Fire District takes effect. The motion carried unanimously.
21. A Resolution of the City Council of the City of Vernon Approving a Side Letter of
Agreement by and between the City of Vernon and the Vernon Professional
Firefighters Association, Local 2312
Recommendation: A. Find that approval of the proposed action is exempt from California
Environmental Quality Act (CEQA) review, because it is an administrative activity that
will not result in direct or indirect physical changes in the environment and therefore does
not constitute a"project" as defined by CEQA Guidelines Section 15378; and
B. Adopt the resolution approving the Side Letter of Agreement by and between the City
of Vernon and the Vernon Professional Firefighters Association, Local 2312.
Director of Human Resources Earl reported on the resolution approving a Side Letter of
Agreement by and between the City of Vernon and the Vernon Professional Firefighters
Association, Local 2312.
There were no public comments.
MOTION
Council Member Davis moved and Mayor Pro Tempore Lopez seconded a motion to: A. Find that
approval of the proposed action is exempt from California Environmental Quality Act (CEQA)
review, because it is an administrative activity that will not result in direct or indirect physical
changes in the environment and therefore does not constitute a "project" as defined by CEQA
Guidelines Section 15378; and B. Adopt the resolution approving the Side Letter of Agreement by
and between the City of Vernon and the Vernon Professional Firefighters Association, Local 2312.
The motion carried unanimously.
22. A Resolution of the City Council of the City of Vernon Approving a Side Letter of
Agreement by and between the City of Vernon and the Vernon Fire Management
Association
Recommendation: A. Find that approval of the attached resolution in this staff report is
exempt from California Environmental Quality Act (CEQA) review, because it is an
administrative activity that will not result in direct or indirect physical changes in the
environment and therefore does not constitute a"project" as defined by CEQA Guidelines
Section 15378; and
B. Adopt the resolution approving the Side Letter of Agreement by and between the City
of Vernon and the Vernon Fire Management Association.
Interim City Clerk Harrington distributed a revised copy of Exhibit B of the Side Letter which
reflected current changes.
Director of Human Resources Earl reported on the resolution approving a Side Letter of
Agreement by and between the City of Vernon and the Vernon Fire Management Association.
In response to Mayor Ybarra, Director of Human Resources Earl explained the changes to the
Exhibit B of the Side Letter of Agreement.
There were no public comments.
MOTION
Council Member Menke moved and Council Member Davis seconded a motion to: A. Find that
approval of the attached resolution in this staff report is exempt from California Environmental
Quality Act (CEQA)review, because it is an administrative activity that will not result in direct or
indirect physical changes in the environment and therefore does not constitute a "project" as
defined by CEQA Guidelines Section 15378;and B. Adopt the resolution approving the Side Letter
of Agreement by and between the City of Vernon and the Vernon Fire Management Association.
The motion carried unanimously.
TPage City Council Minutes Page 7 of 7
October 1, 2019
ORAL REPORTS
City Administrator Fandino reported on recent events including: United States Attorney's Office
for the Central District of California Coffee for the Cops; Arbor Day Celebration and dedication
for John Van De Kamp. He summarized activities of the Vernon Police Department, Fire
Department and Public Utilities Water Division. He discussed the upcoming election, indicating
16 ballots had been received. He announced that he, City Attorney Patel, and Interim Fire Chief
Enriquez would be attending a meeting with Los Angeles County Fire Chief Osby to discuss the
Fire Department transition; Vernon Police Department Jail Haunted House at the upcoming
Halloween Event; and authorization for staff to wear Dodger attire during the playoff games.
ADJOURNMENT
With no further business, at 10:49 a.m., Mayor Ybarra adjourned the meeting.
LAG/it4J
Melissa Ybarra Y9
Mayor
ATTEST:
YirL P(It
Lisa Pope
City Clerk