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2013-08-20 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. No prior appointment is required. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in a city meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. AGENDA CITY OF VERNON REGULAR CITY COUNCIL MEETING TUESDAY, AUGUST 20, 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. Personnel Matters - Service Pin Awards June Anniversary Employee Name Job TitleYears 1. Alexandra Ronquillo Public Safety Dispatcher 15 2. Rafael Contreras Engineering Associate 5 Regular City Council Meeting Agenda August 20, 2013 Page 2 of 10 July Anniversary Employee Name Job TitleYears 1. Tyler Shook Firefighter/Paramedic 10 2. Ivette Alfaro Public Safety Dispatcher 5 3. Brian Linnert Utilityman IV 5 4. Angela Melgar Staff Accountant 5 5. Hilda Moreno Account Clerk 5 6. Javier Valdez Business & Account Supervisor 5 2. Presentation by Independent Reform Monitor John Van de Kamp on his July 31, 2013, Report on the City of Vernon. PUBLIC HEARINGS 1. Public comment on Conditional Use permit for U.S. Storage Centers, Inc. located at 4250 Alameda Street. A Resolution of the City Council of the City of Vernon Granting a new Conditional Use Permit to thereby amend Resolution No. 8176 and allow U.S. Storage Centers, Inc. to Operate a Public Self-Storage Facility at 4250 Alameda Street in City of Vernon. Recommendation (1) Find that approval of the Conditional Use Permit is categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance with Title 14, Chapter 3, Class 1, Section 15301 because no physical changes will occur as a result of this approval; and (2) Adopt a resolution amending Resolution No. 8176 to thereby issue a new conditional use permit to allow U.S. Storage Centers, Inc., to operate the existing self-storage facility, subject to the conditions of approval for the property located at 4250 Alameda Street. 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. None Regular City Council Meeting Agenda August 20, 2013 Page 3 of 10 Minutes Approval 2. Minutes of the Regular City Council Meeting held August 6, 2013, to be received and filed. Warrant Registers 3. Approval of City Payroll Warrant Register No. 686, totaling $2,998,000.62, which covers the period of June 16, through July 15, 2013, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $2,151,959.20; and b. Checks and electronic fund transfers (EFTs) totaling $846,041.42. 4. Approval of City Warrant Register No. 1384, totaling $1,517,544.71, which covers the period of July 30, through August 12, 2013, and consists of the following: a. Ratification of wire transfers totaling $1,188,661.51; and b. Ratification of the issuance of early checks totaling $217,624.15; and c. Authorization to issue pending checks totaling $111,259.05. 5. Approval of Light & Power Warrant Register No. 349, totaling $4,926,636.64, which covers the period of July 30, through August 12, 2013, and consists of the following: a. Ratification of wire transfers totaling $4,643,050.22; and b. Ratification of the issuance of early checks totaling $260,700.59; and c. Authorization to issue pending checks totaling $22,885.83. 6. Approval of Gas Warrant Register No. 137, totaling $34,222.48, which covers the period of July 30, through August 12, 2013, and consists of the following: a. Ratification of the issuance of early checks totaling $33,989.25; and b. Authorization to issue pending checks totaling $233.23. Community Services and Water Department 7. Building Department Report for the month of July 2013, to be received and filed. Regular City Council Meeting Agenda August 20, 2013 Page 4 of 10 8. Approval of a License and Maintenance Agreement by and between the City of Vernon and First Industrial, LP relating to property near 5553 Bandini Blvd. Recommendation: (1) Find that entering into a license and maintenance agreement 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) Approve a License and Maintenance Agreement by and between the City of Vernon and First Industrial, LP effective August 20, 2013, for the installation and maintenance of a landscaping in a strip of land in the City of Vernon right-of-way adjoining Pennington Way. 9. Acceptance of Work, Contract No. CS-0275, for Citywide Concrete Repair and Replacement Project. Recommendation: (1) Affirm that accepting the work of Mora’s Equipment & Construction, Inc. on the Citywide Concrete Repair and Replacement Project, Contract No. CS-0275, 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 street. (2) Accept the work by Mora’s Equipment & Construction, Inc. as part of the Citywide Concrete Repair and Replacement Project, Contract No. CS-0275. Fire Department 10. Activity Report for the period of July 16, through July 31, 2013, to be received and filed. Health and Environmental Control Department 11. July 2013 Monthly Report, to be received and filed. Police Department 12. Activity Log and Statistical Summary of Arrest and Activities for the period of July 16, through July 31, 2013, to be received and filed. Regular City Council Meeting Agenda August 20, 2013 Page 5 of 10 13. Authorization to Enter Into the Federal Equitable Share Agreement and Annual Certification Report. Recommendation: (1) Find that the proposed agreement and annual certification report with the U.S. Department of Treasury and the U.S. Department of Justice for continued participation in the Federal Equitable share Program 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 the Police Chief and City Administrator to execute the Federal Equitable Share Agreement and Annual Certification Report on behalf of the City of Vernon for continued participation in the Federal Equitable Share Program. 14. Approval of Drug Enforcement Administration Agreement. Recommendation: (1) Find that the proposed agreement with the Drug Enforcement Administration for continued participation in the Southwest Border Initiative taskforce 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 the Police Chief to execute an agreement with the Drug Enforcement Administration for continued participation in the Southwest Border Initiative taskforce. NEW BUSINESS City Administration Department 1. Authorization to Cancel the September 3, 2013, Regular City Council meeting. 2. Adoption of a Resolution amending Section 9 of Resolution No. 2011- 149 to create the Vernon CommUNITY Fund, and Approval of the Professional Services Agreement with Jemmott Rollins Group, Inc. A Resolution of the City Council of the City of Vernon amending Section 9 of Resolution No. 2011-149 to Create the Vernon CommUNITY Fund. Regular City Council Meeting Agenda August 20, 2013 Page 6 of 10 Recommendation: (1) Find that approval of the proposed resolution and approval of the proposed professional services agreement with Jemmott Rollins Group, Inc. are 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) Approve a Resolution amending Section 9 of Resolution No. 2011- 149 to change the Environmental and Community Benefit Fund to the Vernon CommUNITY Fund, change the composition of the managing committee as outlined in this staff report, and require the City Administrator to make recommendations to the City Council annually regarding allocations for the Vernon CommUNITY Fund; and (3) Approve the Professional Services Agreement with Jemmott Rollins Group, Inc. to provide consultation, guidance, research and support to the City Administrator’s office, for a period of three years. The proposed agreement provides for compensation at the rate of $250.00 per hour, in an amount not to exceed $10,000 in any calendar month without the prior authorization of the City Administrator. Under the new Competitive Bidding and Purchasing Ordinance, competitive bidding is not required (professional services exemption). In addition, the City Council is asked to grant an exemption from competitive selection on the basis that it is in the best interests of the City to make direct award of this contract as outlined in the Staff Report. Community Services and Water Department 3. Acceptance of the Fire Lane Easement on the 4550 Alcoa Avenue property. Recommendation: (1) Find that approval of the proposed Fire Lane Easement is categorically 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 (2) Accept the fire Lane Easement and authorize the Mayor and City Clerk to execute said document. 4. Acceptance and approval of the Grant Deed for street dedication from Santa Fe Building 5332, LCC. Regular City Council Meeting Agenda August 20, 2013 Page 7 of 10 Recommendation: (1) Find that approval of the proposed Grant Deed is exempt from the California Environmental Quality Act (“CEQA”) in accordance with CEQA guidelines Section 15301(c) because if any construction occurs as a result of accepting and executing the Gran Deed, the work would merely involve negligible expansion of an existing street; and (2) Accept and approve the Grant Deed and authorize the Mayor and City Clerk to execute the Grant Deed. Fire Department 5. Approval on the First Amendment to Contract Number C-119623 between the City of Los Angeles and the City of Vernon in connection to the 2009 UASI Grant. Recommendation: (1) Find that approval of the proposed agreement 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 the City Administrator to enter into the First Amendment to Contract Number C-119623 between the City of Los Angeles and the City of Vernon in connection to the 2009 Urban Area Security Initiative Grant. 6. Approval of Services Agreement with CARE Ambulance Service, Inc. for BLS Ambulance Transport Services. Recommendation: (1) Find that approval of the agreement 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) Authorize the City Administrator to enter into a services agreement with CARE Ambulance Services, Inc. for BLS Ambulance Transportation Services for a term of three years, at no cost to the City. The agreement is based on the City’s standard form, and includes the relevant terms stated in the request for proposals. Light and Power Department 7. Authorize the Director of Light and Power to Enter Into an Agreement with California Utilities Emergency Association (“CUEA”). Regular City Council Meeting Agenda August 20, 2013 Page 8 of 10 Recommendation: (1) Find that 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) Approve the standard CUEA Mutual Assistance Agreement; and authorize the Director of Light and Power to establish a departmental membership with the CUEA for an annual fee of approximately $600.00 for the purpose of providing support for disaster response and mutual assistance for the Light and Power Department. 8. Authorize the City of Vernon High Speed Internet Access Residential Service Program. Recommendation: (1) Find that approval requested is exempt under the California Environmental Quality Act (“CEQA”) in accordance with: [a] 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 properties; and [b] under Guidelines Section 15273(a), which exempts the establishment of charges such as these that are to meet the City’s operating expenses, purchasing supplies and other costs; and (2) Approve the City’s establishment of a residential internet access service program and direct staff to take all appropriate steps to make internet connections available to all existing and future residences in the City, including but not limited to the creation of all applicable forms; and (3) Establish $100.00 as the one-time fee for new residential internet customers and $40.65 as the monthly fee for such customers; and (4) Authorize the City Administrator to enter into contracts with residents consistent with the rates established by the City Council, provided the contract are on a form approved by the City Attorney and filed with the City Clerk. 9. Approval of Microsoft Enterprise Software and License Agreement. Recommendation: (1) Find that approval 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 Regular City Council Meeting Agenda August 20, 2013 Page 9 of 10 (2) Approve the Microsoft Enterprise Agreement (EA) for the core package of Microsoft software license utilized by the City for the term of three years in the amount of $278,720.55. Microsoft software is provided by third party vendor and cannot be acquired through Microsoft directly. Staff is recommending that Vernon contract with Insight Technology based upon the terms and conditions offered to the County of Riverside; pricing will not exceed the unit price obtained by the County of Riverside. The Agreement would thereby be exempt from competitive bidding and competitive selection as a contract with other governmental entities or their contractors for labor, material or supplies. (Vernon Municipal Code, Section 2.1712(A)(5) and (B)(1)) 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 SESSION 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Daniel Simon vs. City of Vernon Workers Compensation Appeals Board Case Nos. ADJ680433; ADJ664369; ADJ4680486 2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Number of potential cases: 3 / / / / / / / / / Regular City Council Meeting Agenda August 20, 2013 Page 10 of 10 3. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representatives: Mark Whitworth, Teresa McAllister Employee Organization: Teamsters Local 911. 4. 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. 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 15th day of August 2013. By: ________________________________ Dana Reed Interim City Clerk