MINUTES
VERNON CITY COUNCIL
REGULAR MEETING
TUESDAY, AUGUST 6, 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
Jesus Rivera, Council Member
Crystal Larios, Council Member
STAFF PRESENT:
Daniel Calleros, Interim City Administrator
Zaynah Moussa, City Attorney
Deborah Harrington, Interim City Clerk
Jessica Alcaraz, Financial Services Administrator
Fredrick Agyin, Health and Environmental Control Director Michael Earl, Human Resources Director
Robert Sousa, Police Chief
Dan Wall, Public Works Director
Margie Otto, Public Utilities Assistant General Manager
APPROVAL OF THE AGENDA
MOTION
Mayor Pro Tem Ybarra moved and Council Member Larios seconded a motion to approve the agenda. The question was called and the motion carried unanimously.
PUBLIC COMMENT
None.
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PRESENTATIONS
1. Proclamation Recognizing Retired Employee - Carlos R. Fandino Jr.
Interim City Clerk Harrington read the proclamation and Council acknowledged and presented a Proclamation to retired employee Carlos R. Fandino Jr., City Administrator, in recognition of his dedicated service to the City of Vernon.
The following individuals made presentations to Carlos R. Fandino, Jr.:
Andie Lopez, Office of Senator Maria Elena Durazo
Matthew Johnson, Office of Supervisor Janice Hahn
Crystal Meza, Office of Assembly Member Miguel Santiago Kayla Terrazas, Office of Congressman Robert Garcia
Marisa Olguin, Vernon Chamber of Commerce, spoke regarding the many attributes of Carlos R. Fandino, Jr.
Mr. Fandino reflected on his time with the City and how grateful he is to the City Council, staff, and business community for the many accomplishments over the years.
RECESS
Mayor Merlo invited guests to refreshments in the lobby and recessed the meeting for a short break at 9:27 a.m.
RECONVENE
Mayor Merlo reconvened the meeting at 9:40 a.m.
PUBLIC HEARINGS
2. Adoption of California Fire Code by Reference
Public Works Director Wall presented the staff report.
Mayor Merlo opened the public hearing at 9:42 a.m. There being no speakers, Mayor Merlo closed the public hearing at 9:42 a.m.
MOTION
Council Member Lopez moved and Council Member Rivera 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; 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. The question was called and the motion carried unanimously.
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CONSENT CALENDAR
MOTION
Council Member Lopez moved and Mayor Pro Tem Ybarra seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously.
The Consent Calendar consisted of the following items:
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: 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.
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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.
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 & Docusign Envelope ID: 96B32C92-AB4D-429F-8881-E5531938BAB1 Regular City Council Meeting Minutes Page 5 of 7
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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
Interim City Clerk Harrington presented the staff report.
City Attorney Moussa responded to questions regarding the functionality of the proposed language.
MOTION
Council Member Rivera moved and Council Member Lopez seconded a motion to direct staff to bring back in final form language as a Charter Ballot Measure for the April 8, 2025 General Municipal Election. The question was called and the motion carried unanimously.
18. Resolution Approving the Submittals of Applications for Per Capita Grant Funds
Public Works Director Wall presented the staff report.
MOTION
Mayor Pro Tem Ybarra moved and Council Member 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 a government fiscal activity Docusign Envelope ID: 96B32C92-AB4D-429F-8881-E5531938BAB1 Regular City Council Meeting Minutes Page 6 of 7
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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.
The question was called and the motion carried unanimously.
19. Opposition to Metro Link Union Station (Link US) Project Interim City Administrator Calleros presented the staff report.
MOTION
Mayor Pro Tem Ybarra moved and Council Member Lopez seconded a motion to take a position to 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. The question was called and the motion carried unanimously.
ORAL REPORTS
20. City Administrator Reports on Activities and Other Announcements.
Interim City Administrator Calleros announced National Night Out is being held this afternoon at City Hall from 5:00 p.m.-7:00 p.m. on the front lawn. The Vernon Police Department will be present to connect with the community. Book stations will be set up for the young guests.
The City Council meeting of September 3, 2024 will be cancelled.
21. City Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff.
None.
CLOSED SESSION
RECESS
Mayor Merlo recessed the meeting to Closed Session at 10:06 a.m.
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
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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
RECONVENE
At 10:53 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 10:54 a.m.
_____________________________
JUDITH MERLO, Mayor
ATTEST:
______________________________
YONNIE PARKER, Deputy City Clerk
(seal)
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