2013-08-06 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents
pertaining to agenda items, including attachments, which are presented to the City
Council in open session are available for public inspection. They may be inspected
during regular business hours in the City Clerk's Office at Vernon City Hall, 4305 Santa
Fe Avenue; Vernon, California 90058, and on the City’s website at www.cityofvernon.org.
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AGENDA
CITY OF VERNON
REGULAR CITY COUNCIL MEETING
TUESDAY, AUGUST 6, 2013, 9:00 A.M.
COUNCIL CHAMBER
4305 SANTA FE AVENUE
VERNON, CALIFORNIA
W. Michael McCormick, Mayor
William J. Davis, Mayor Pro-Tem
Richard J. Maisano, Council Member
Michael Ybarra, Council Member
Luz Martinez, Council Member
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the City
Council on any matter that is within the subject matter jurisdiction of
the City Council. The public will also be given a chance to comment on
matters which are on the posted agenda during City Council deliberation on
those specific matters.
PRESENTATIONS
1. Recognition of four newly promoted Engineers in the Fire Department.
PUBLIC HEARINGS
1. Public comment on the City of Vernon’s conformance with the criteria
in the 2013 Congestion Management Program as established by the Los
Angeles County Metropolitan Transportation Authority.
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August 6, 2013
Page 2 of 11
A Resolution of the City Council of the City of Vernon finding the
City of Vernon to be in Conformance with the Congestion Management
Program (CMP) and Adopting the CMP Local Development Report, in
Accordance with California Government Code Section 65089.
Recommendation:
(1) Find that approval of the 2013 CMP Local Development Report is
statutorily exempt under the California Environmental Quality
Act (“CEQA") in accordance with CEQA Guidelines Section 15276,
which expressly exempts the preparation and adoption of a
congestion management program and categorically exempt pursuant
to CEQA Guidelines Section 15061 (b)(3) because there is no
possibility that approving the report may have a significant
effect on the environment; and
(2) After conducting a public hearing, adopt a resolution self-
certifying the City’s compliance with the Congestion Management
Program requirements and adopt the 2013 CMP Local Development
Report in accordance with California Government Code Section
65089.
CONSENT CALENDAR - All matters listed on the Consent Calendar are to be
approved with one motion. Items may be removed from the Consent Calendar
by Council. Those items removed will be considered immediately after the
Consent Calendar.
Claims Against the City (to be received and filed)
1. Claim for Damages received on July 3, 2013 from Valerie Cruz in the
amount of $1,031.42.
Minutes Approval
2. Minutes of the Special and Regular City Council Meeting held July 2,
2013, to be received and filed.
3. Minutes of the Special City Council Meeting held July 3, 2013, to be
received and filed.
Warrant Registers
4. Ratification of the following City Warrant Registers to record the
following voided checks:
a. City Warrant Register No. 1382 to record voided Check No. 341425
in the amount of $661.05; and
b. City Warrant Register No. 1382 to record voided Check No. 341355
in the amount of $40.44; and
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August 6, 2013
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c. City Warrant Register No. 1378 to record voided Check No. 340797
in the amount of $5,326.25; and
d. City Warrant Register No. 1381 to record voided Check No. 341335
in the amount of $958.75.
5. Approval of City Warrant Register No. 1383, totaling $3,062,687.81,
which covers the period of June 25, through July 29, 2013, and
consists of the following:
a. Ratification of wire transfers totaling $2,349,210.10; and
b. Ratification of the issuance of early checks totaling
$608,784.90; and
c. Authorization to issue pending checks totaling $104,692.81; and
d. Ratification to record voided Check Nos. 341522, 341591 totaling
$1,770.49.
2. Approval of City Payroll Warrant Register No. 685, totaling
$2,546,933.67, which covers the period of May 19, through June 15,
2013, and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling
$1,846,312.64; and
b. Checks and electronic fund transfers (EFTs) through the General
bank account totaling $700,621.03.
6. Approval of Light & Power Warrant Register No. 348, totaling
$10,034,164.36, which covers the period of June 25, through July 29,
2013, and consists of the following:
a. Ratification of wire transfers totaling $9,912,134.46; and
b. Ratification of the issuance of early checks totaling
$97,225.90; and
c. Authorization to issue pending checks totaling $24,804.00.
7. Approval of Gas Warrant Register No. 136, totaling $4,670,214.51,
which covers the period of June 25, through July 29, 2013, and
consists of the following:
a. Ratification of wire transfers totaling $4,638,004.62; and
b. Ratification of the issuance of early checks totaling
$31,983.39; and
c. Authorization to issue pending checks totaling $226.50.
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August 6, 2013
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City Administration
8. A Resolution of the City Council of the City of Vernon approving
Amendment No. 1 to the Memorandum of Understanding by and between
the City of Vernon and the Vernon Firemen’s Association regarding
Retiree Medical Benefits.
Recommendation:
(1) Find that adoption of the resolution proposed is exempt under
the California Environmental Quality Act (“CEQA”) in accordance
with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment;
and
(2) Adopt the resolution approving Amendment No. 1 to the 2012-2014
Memorandum of Understanding between the City and the Vernon
Firemen’s Association regarding Retiree Medical Benefits.
9. Councilmember attendance report on the Independent Cities
Association Seminar held July 11 through July 13, 2013, to be
received and filed.
Community Services and Water Department
10. Building Department Report for the month of June 2013, to be
received and filed.
11. Contract No. CS-0363- Citywide Cold Planing and Striping Bid Award.
Recommendation:
(1) Find that the Bid Award of the proposed Citywide Cold Planing
and Striping Phase I Project is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section
15301, Existing Facilities, part (c), existing highways and
streets, because the project is merely to repair existing
streets; and
(2) Authorize the City Administrator to accept the Bid from Palp,
Inc. dba Excel Paving Company as the lowest responsive and
responsible bidder and enter into a contract not to exceed
$240,000, for contract No. CS-0363, Citywide Cold Planing and
Striping, and to reject all other bids.
12. Request for approval to accept Citywide Slurry Seal, Phase II
Project, Contract No. CS-0369.
Recommendation:
(1) Find that the approval of the proposed Citywide Slurry Seal,
Phase II Project is exempt under the California Environmental
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August 6, 2013
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Quality Act (“CEQA”) in accordance with Section 15301, Existing
Facilities, part (c), existing highways and streets; and
(2) Approve the Contract Agreement with Petrochem Manufacturing,
Inc. for the Citywide Slurry Seal Phase II project, Contract CS-
0369 and enter into a contract, not to exceed $281,600.
Finance Department
13. Authorization to enter into a Contract with Vasquez & Company LLP
for Audit Services for Fiscal Years 2013-2015.
Recommendation:
(1) Find that entering into a contract with a California certified
public accounting firm to provide independent audit service is
exempt under the California Environmental Quality Act (“CEQA”)
in accordance with Section 15061(b)(3). The general rule is
that CEQA only applies to activities that may have an effect on
the environment. Professional auditing service activities are
not subject to CEQA; and
(2) Authorize the City Administrator to execute a three year
professional services agreement with the public accounting firm
of Vasquez & Company LLP to perform the annual audits of the
financial statements of the City of Vernon and its Light and
Power Enterprise for the three fiscal years ending June 30,
2013, 2014 & 2015 at a total amount of $294,559. Competitive
bidding is not required pursuant to Vernon Municipal Code
Section 2.17.12 (A)(10)(Professional Services). The recommended
award is based upon a competitive selection process specified by
Vernon’s Competitive Bidding and Purchasing Ordinance.
14. Authorization to enter into a professional services agreement with
Public Financial Management, Inc. (“PFM”) for Financial Advisory
Services for Fiscal Years 2014-2016.
Recommendation:
(1) Find that entering into a professional services agreement with a
Securities Exchange Commission registered advisor, whose sole
business is to provide clients with financial and investment
advisory services, is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3).
The general rule is that CEQA only applies to activities that
may have an effect on the environment. Financial advisory
service activities are not subject to CEQA; and
(2) Authorize the City Administrator to execute a three year
professional services agreement with the financial advisory
group, The PFM Group (“PFM”), to serve as Financial Advisor to
the City. The proposed cost for each of the three years is
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August 6, 2013
Page 6 of 11
$200,000 for a grand total, not to exceed amount of $600,000.
For fiscal year 2014, the $200,000 contracted amount has been
budgeted. Competitive bidding is not required pursuant to Vernon
Municipal Code Section 2.17.12 (A)(10)(Professional Services).
The recommended award is based upon a competitive selection
process specified by Vernon’s Competitive Bidding and Purchasing
Ordinance.
Fire Department
15. Activity Report for the period of June 16, through June 30, 2013, to
be received and filed.
16. Activity Report for the period of July 1, through July 15, 2013, to
be received and filed.
Health and Environmental Control Department
17. June 2013 Monthly Report, to be received and filed.
Police Department
18. Activity Log and Statistical Summary of Arrest and Activities for
the period of June 16, through June 30, 2013, to be received and
filed.
19. Activity Log and Statistical Summary of Arrest and Activities for
the period of July 1, through July 15, 2013, to be received and
filed.
NEW BUSINESS
City Administration Department
1. Ratification of Mayor's Appointment of Eligible Individuals to Serve
on the Vernon Housing Commission for new Four-Year Terms Beginning
August 11, 2013.
Recommendation:
(1) Find that ratification of the Mayor’s appointment of eligible
individuals requested below is exempt from the California
Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment;
and
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August 6, 2013
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(2) Ratify the Mayor’s appointment of the following eligible
individuals to serve on the Vernon Housing Commission for new
four-year terms beginning August 11, 2013:
Mayor’s Appointment Eligible Appointment Category
Michael McCormick Resident (City Council Member)
Melissa Ybarra (Incumbent) Resident (Non-City Council Member)
Michael Hughes (Incumbent) Business Representative
2. Approval to fund the construction phase of the soccer field
renovations at Salt Lake Park in the City of Huntington Park.
Recommendation:
(1) Find that approval of the agreement proposed is exempt from the
California Environmental Quality Act (“CEQA”) in accordance with
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have an effect on the
environment because this approval involves solely the placement
of money into an escrow account, and in accordance with Section
15302 which exempts activities consisting of the replacement and
reconstruction of an existing facility, and because the City of
Huntington Park is the lead agency charged with making the final
CEQA determination; and
(2) Approve the “Cooperative Agreement between the City of
Huntington Park and the City of Vernon for the Construction
Portion of the Project” in substantially the same form as
submitted herewith, authorizing $500,000 for the construction
costs; and
(3) Authorize the deposit of $100,000 per month, for five months,
beginning no later than September 30, 2013, totaling $500,000,
into an escrow account to fund construction costs to renovate
the soccer field at Salt Lake Park in the City of Huntington
Park; and
(4) Approve an “Amended Escrow Agreement” with the City of
Huntington Park, in substantially the same form as submitted
herewith, to include the aforementioned additional deposit of
$500,000; and
(5) Authorize any residual monies from the October 1, 2012 Escrow
Agreement that were to be used for the design phase of the Salt
Lake renovations be applied toward the construction phase of the
renovation project.
Community Services and Water Department
3. A Resolution of the City Council of the City of Vernon approving and
adopting the Gateway Integrated Regional Water Management Plan dated
June 2013.
Regular City Council Meeting Agenda
August 6, 2013
Page 8 of 11
Recommendation:
(1) Find that the proposed resolution adopting the Gateway
Integrated Regional Water Management Plan is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with
CEQA guidelines Section 15061 (b)(3), the general rule that CEQA
only applies to projects that may have an effect on the
environment and pursuant to Section 15308, because the action is
to assure the maintenance, restoration enhancement or protection
of the environment where the regulatory process involves
procedures for the protection of the environment; and
(2) Approve a resolution adopting the Gateway Integrated Regional
Water Management Plan dated June 2013.
Health Department
4. Voluntary Cleanup Agreement with DTSC for the former Thermador
Industrial Site located at 5119-5309 District Blvd., Vernon CA
Recommendation:
(1) Find that the approval of the Voluntary Cleanup Agreement is
exempt under the California Environmental Quality Act (“CEQA”)
in accordance with CEQA guidelines Sections [a] 15061 (b)(3),
the general rule that CEQA only applies to projects that may
have an effect on the environment and; [b] 15330, which exempts
actions costing less than $1 million that are taken to mitigate
the release or threat of release of hazardous substances such as
permitted onsite cleanup of contaminated soils; and
(2) Authorize the City Administrator to enter into the attached
agreement between the City of Vernon and the Department of Toxic
Substances Control to authorize DTSC’s oversight of the city’s
removal operations.
Light and Power Department
5. Request for approval of Petrelli Electric, Inc. Rate Increase.
Recommendation:
(1) Find that the approval requested is exempt under the California
Environmental Quality act (“CEQA”) in accordance with Section
15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and
(2) Authorize staff to enter into an agreement, effective August 6,
2013, whereby Exhibit D of the existing “Electric System Service
and Maintenance Agreement” between the City and Petrelli
Electric, Inc. (“Petrelli”) would be revised. This would
increase the amount that Petrelli is paid for the labor services
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August 6, 2013
Page 9 of 11
provided by unionized Petrelli employees by between 2.69% and
3.38%, depending on the employee classification. This would
cost the City approximately $230,000 per year, and is intended
to offset Petrelli’s increased labor costs due to Petrelli’s
increased negotiated 3% rate increase with its unionized
workers. Non-unionized employees would not have their rates
changed. Section 5.1 of the City’s existing agreement with
Petrelli allows, but does not require, the City Council to
authorize the increased rates.
6. Approval of Amendment No. 1 to the Base Contract for Sale and
Purchase of Natural Gas and Biomethane transaction confirmation
between Clean Energy Renewable Fuels, LLC and the City of Vernon
Light and Power Department, adding Canton Energy, LLC as a party to
the contract.
Recommendation:
(1) Find that the proposed Amendment No. 1 to the Base Contract for
the Sale and Purchase of Natural Gas and Biomethane Transaction
Confirmation is not a project under the California Environmental
Quality act (“CEQA”) because the contract is a continuing
administrative or maintenance activity, and even if it were a
project, it would be exempt under CEQA Guidelines Section
15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and
(2) Approve the Amendment No. 1 to the Base Contract for the Sale
and Purchase of Natural Gas and Biomethane Transaction
Confirmation. Among other things, the contract would add Canton
Renewables, LLC as a party to the contract and adjust early
contract termination dates.
7. Request for approval of Westcoast Distribution Optical Fiber Use
Agreement No. 10.
Recommendation:
(1) Find that the approval requested is exempt under the California
Environmental Quality act (“CEQA”) in accordance with Section
15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment because the proposal
will not require any construction, and the only physical change
to the environment is stringing a few hundred feet of fiber
optic cabling (of roughly ½ inch in diameter) from existing
utility poles onto private property; and
(2) Approve Optical Fiber Use Agreement No. 10 with Westcoast
Distribution and the related Short Form IRU-10.1 Indefeasible
Right of Use Agreement. Upon approval, construction for the
implementation of an Optical Fiber Connection will commence.
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August 6, 2013
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ORAL REPORTS
1. City Administrator Reports – brief reports on activities and other
brief announcements by the City Administrator and Department Heads.
2. City Council Reports –brief report on activities, announcements, or
directives to staff.
CLOSED SESSIONS
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (2)
Government Code Section 54956.8
a. Property: 3200 Fruitland Avenue, Vernon, California
Agency Negotiator: Mark Whitworth, City Administrator / Alex Kung,
Assistant to the City Administrator
Negotiating Party: Pechiney Cast Plate, Inc.
Under Negotiation: Price and Terms of Payment
b. Property: A portion of Parcel #6310-008-800 adjoining Boyle
Avenue just north of 54th Street
Agency Negotiator: Mark Whitworth, City Administrator / Alex Kung,
Assistant to the City Administrator
Negotiating Party: Union Pacific
Under Negotiation: Price and Terms of Payment
2. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa McAllister
Employee Organizations: Vernon Police Management Association, Vernon
Police Officers’ Benefit Association, Vernon Firemen's Association,
Vernon Fire Management Association, Teamsters Local 911, and
International Brotherhood of Electric Workers Local 47.
Regular City Council Meeting Agenda
August 6, 2013
Page 11 of 11
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (d)(1)
Bruce V. Malkenhorst, Sr. vs. City of Vernon
OCSC Case No. 30-2013-00650310-CU-BC-CJC
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section
54956.9(d)(4)
One potential case
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of
California, that the foregoing agenda was posted on the bulletin board at the
main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue,
Vernon, California, and on the City’s website, not less than 72 hours prior to
the meeting set forth on this agenda. Dated this 1st day of August 2013.
By: ________________________________
Dana Reed
Interim City Clerk