2013-09-17 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, SEPTEMBER 17, 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.
DISCUSSION AND POSSIBLE DIRECTIVES TO STAFF
1. Update on Exide Technologies’ facility by the Director of Health and
Environmental Control.
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September 17, 2013
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PRESENTATIONS
1. Personnel Matters - Service Pin Awards
August Anniversary
Employee Name Job Title Years
1. Mauro Trujillo Foreman 25
2. Ana Swinford Public Safety Dispatcher 20
3. Kristen Enomoto Assistant to City Administrator 10
4. Maryam Farajzadeh Associate Engineer 5
2. A Proclamation of the City Council of the City of Vernon Declaring
the Month of October 2013 as “Breast Cancer Awareness Month”
3. Presentation of a certificate of appreciation to former Vernon
Housing Commissioner William Davis.
4. Presentations from the Police Department and Health Department on
their respective pages of the new City website.
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 August 26, 2013 for claimants Yisel
Yamilet Lopez Ortiz and Michelle Sarai Lopez Ortiz and the Estate of
Silvia Ortiz-Altamirano for an amount in excess of $25,000.
Warrant Registers
2. Ratification of City Warrant Register No. 1383 to record voided
Check No. 341756 in the amount of $21,456.14.
3. Ratification of Light and Power Warrant Register No. 342 to record
voided Check No. 509977 in the amount of $80.00.
4. Approval of City Payroll Warrant Register No. 687, totaling
$2,562,765.31, which covers the period of July 14, 2013, through
August 10, 2013, and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling
$1,901,534.55; and
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September 17, 2013
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b. Checks and electronic fund transfers totaling $661,230.76.
5. Approval of City Warrant Register No. 1385, totaling $1,647,410.65,
which covers the period of August 13, 2013, through September 9,
2013, and consists of the following:
a. Ratification of wire transfers totaling $1,017,955.94; and
c. Ratification of the issuance of early checks totaling
$526,908.81; and
d. Authorization to issue pending checks totaling $102,545.90; and
e. Voided Check No. 341883 in the amount of $616.00.
6. Approval of Light & Power Warrant Register No. 350, totaling
$7,277,683.63, which covers the period of August 13, 2013, through
September 9, 2013, and consists of the following:
a. Ratification of wire transfers totaling $7,071,520.88; and
b. Ratification of the issuance of early checks totaling
$137,458.50; and
c. Authorization to issue pending checks totaling $68,704.25.
7. Approval of Gas Warrant Register No. 138, totaling $2,693,178.90,
which covers the period of August 13, 2013, through September 9,
2013, and consists of the following:
a. Ratification of wire transfers totaling $2,681,146.82; and
b. Ratification of the issuance of early checks totaling $3,679.46;
and
c. Authorization to issue pending checks totaling $8,352.62.
City Clerk Department
8. Updated Commission and Committee Appointments List as required by
the Maddy Act.
9. A Resolution of the City Council of the City of Vernon approving
Amendment No. 8 to the Joint Powers Agreement with the Independent
Cities Finance Authority to change the position of Program
Administrator to Executive Director and add clarifying language
regarding Housing Authority.
Recommendation
(1) Find that approval of the Resolution 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
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September 17, 2013
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(2) Adopt the Resolution approving Amendment No. 8 to the Joint
Powers Agreement with the Independent Cities Finance Authority,
in substantially the same form as submitted, which changes the
position of Program Administrator to Executive Director and adds
a new definition of “Housing Authority Law”; and
(3) Direct City Clerk staff to send a certified copy of the
Resolution with an executed Amendment to the Independent Cities
Finance Authority.
10. A Resolution of the City Council of the City of Vernon approving and
adopting an Amendment to the Records Retention Schedule maintaining
documents and records by all City Departments except the Police
Department.
Recommendation
(1) Find that revising the city’s document retention schedule 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 merely change how the city
retains and destroys certain city documents; and
(2) Approve a resolution to update the city’s records retention
schedule by adding four new sections to the Finance Department’s
schedule to be numbered 21, 22, 23, and 24, renumbering the
remaining sections, and updating the cover page and table of
contents accordingly. The proposed revisions are made solely to
comply with federal law, as amended by the Dodd–Frank Wall
Street Reform and Consumer Protection Act and related
regulations.
Fire Department
11. Activity Report for the period of August 1, through August 15, 2013,
to be received and filed.
Health and Environmental Control Department
12. August 2013 Monthly Report, to be received and filed.
13. Approval of a License and Support Agreement with Decade Software
Company, LLC for Environmental Health Software and Related Services.
Recommendation
(1) Find that approval of the License and Software agreement is
exempt under the California Environmental Quality Act (“CEQA”)
in accordance with CEQA Guidelines Section 15061(b)(3), the
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September 17, 2013
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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 License and
Support agreement between the City of Vernon and Decade Software
Company, LLC for a one-year period in an amount not to exceed
$16,458.00.
Police Department
14. Activity Log and Statistical Summary of Arrest and Activities for
the period of August 1, through August 15, 2013, to be received and
filed.
15. Activity Log and Statistical Summary of Arrest and Activities for
the period of August 16, through August 31, 2013, to be received and
filed.
NEW BUSINESS
Successor Agency to the Former Vernon Redevelopment Agency
1. A Resolution of the City Council of the City of Vernon (a) taking no
position to the following actions of the Successor Agency to the
former Vernon Redevelopment Agency Actions: (i) the cessation of
membership activity of the former Vernon Redevelopment Agency in the
Vernon Economic Development Authority and Vernon Natural Gas
Financing Authority, (ii) the setting of October 1, 2013, or as soon
thereafter, as the public hearing for termination of the Vernon
Economic Development Authority and Vernon Natural Gas Financing
Authority, and (iii) authorizing the Executive Director of the
Successor Agency of the Redevelopment Agency of the City of Vernon,
or his assignee, to take all necessary, appropriate, and ancillary
actions to implement the cessation of membership and setting of
public hearing for termination of the Vernon Economic Development
Authority and Vernon Natural Gas Financing Authority, which are in
furtherance and pursuant to California Health & Safety Code Sections
34177(h) and 34177.3 and (b) authorizing the Successor Agency to the
former Vernon Redevelopment Agency to implement aforesaid actions so
long as it obtains the approval of its Oversight Board.
Recommendation:
(1) Find that approval of the cessation of membership activities in
the Vernon Economic Development Agency (“VEDA”) and the Vernon
Natural Gas Financing Authority is except under the California
Environmental Quality Act (“CEQA”) in accordance with Section
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September 17, 2013
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15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and
(2) Approve the Resolution for the cessation of membership activity
and participation in VEDA and VNGFA; and
(3) Set October 1, 2013, or as soon thereafter, as the public
hearing to consider formal termination of VEDA and VNGFA; and
(4) Authorize the Executive Director of the Successor Agency or his
assignee to take all necessary, appropriate, and ancillary
actions to implement the desires of the Successor Agency and
Oversight Board to cease membership activity in the joint powers
authorities and terminate VEDA and VNGFA.
City Administration Department
2. A Resolution of the City Council of the City of Vernon approving the
Memorandum of Understanding by and between the City of Vernon and
the Vernon Police Management Association.
Recommendation:
(1) Find that approval of the proposed resolution approving the
Vernon Police Management Association (“VPMA”) Memorandum of
Understanding 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 and adopt the resolution approving the Memorandum of
Understanding by and between the City of Vernon and the Vernon
Police Management Association for the period of September 1,
2013 through June 30, 2014.
Community Services and Water Department
3. Approval of Amendment No. 1 extending the existing Services
Agreement between the City of Vernon and Valverde Construction,
Inc., for Emergency Water and Public Works Repair for a period of
one-year, in an amount not to exceed $100,000 for fiscal year 2013-
2014.
Recommendation:
(1) Find that the proposed Amendment No. 1 extending the Services
Agreement between the City of Vernon and Valverde Construction,
Inc. for Emergency Water and Public Works Repair for a period of
one-year 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
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September 17, 2013
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(2) Authorize the City Administrator to enter into Amendment No. 1
extending the Services Agreement between the City of Vernon and
Valverde Construction, Inc. for Emergency Water and Public Works
Repairs, in substantially the same form as submitted for a
period of one-year, in an amount not to exceed $100,000 for
fiscal year 2013-2014.
4. Approval of Amendment No. 1 extending the existing Service Agreement
between the City of Vernon and Doty Bros. Construction Company for
Emergency Water and Public Works Repairs for a period of one-year,
with a not to exceed amount of $100,000 for fiscal year 2013-2014.
Recommendation:
(1) Find that the proposed Amendment No. 1 extending the Services
Agreement between the City of Vernon and Doty Bros. Construction
Company for Emergency Water and Public Works Repairs for a
period of one-year 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
(2) Authorize the City Administrator to enter into Amendment No. 1
extending the Services Agreement between the City of Vernon and
Doty Bros. Construction Company for emergency Water and Public
Works Agreement, in substantially the same form as submitted for
a period of one-year, in an amount not to exceed $100,000 for
fiscal year 2013-2014.
Human Resources Department
5. A Resolution of the City Council of the City of Vernon adopting an
updated City of Vernon Workplace Injury and Illness Prevention
Program Manual (Safety Program)
Recommendation:
(1) Find that approval of the proposed Workplace Injury and Illness
Prevention Program Manual 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 updated Workplace Injury and Illness Prevention
Program Manual (Safety Program).
6. Adoption of City of Vernon Personnel Policies and Procedures,
Nepotism I-5 (revised), Pre-Employment Medical and Drug Screen I-9,
Driver's License Requirements I-10, Classification Plan
Administration II-1, Reclassification II-2, Salary Plan
Administration II-3, Performance Evaluation IV-1.
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Recommendation:
(1) Find that approval of the proposed personnel policies and
procedures 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) Adopt the attached new/revised Personnel Policies and
Procedures: Nepotism I-5 (revised), Pre-Employment Medical and
Drug Screen I-9, Driver's License Requirements I-10,
Classification Plan Administration II-1, Reclassification II-2,
Salary Plan Administration II-3, Performance Evaluation IV-1,
and incorporate them into the Personnel Policies and Procedures
Manual; and
(3) Authorize the City Administrator and the Director of Human
Resources to execute and distribute the above-referenced
policies to all employees.
Light and Power Department
7. Request Approval of a Nonbinding Letter of Intent by and between the
City of Vernon and New Dimension Energy Company, LLC for Wind Energy
Development Exploration of Land Owned by the City of Vernon in Kern
County.
Recommendation:
(1) Find that the approval requested is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section
15061(b)(3), wherein the proposed Nonbinding Letter of Intent is
not an approval or commitment by the City of Vernon to engage in
any project or to pursue any defined course of action as it
relates to the environment; therefore abiding by the general
rule that CEQA only applies to projects that may have an effect
on the environment; and
(2) Approve the Nonbinding Letter of Intent (“LOI”), in
substantially the same form as submitted, and authorize the
Director of Light and Power to execute the LOI by and among New
Dimension Energy Company, LLC (“NDEC”) and the City of Vernon to
establish a non-binding relationship to explore the wind energy
development of land owned by Vernon in Kern County with wind
turbines manufactured by FloDesign Wind Turbine Corp. (“FDWT”)
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Regular City Council Meeting Agenda
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ORDINANCES
1. Ordinance No. 1213 - An Ordinance of the City Council of the City
of Vernon, California, adding Chapter 15 to the Vernon Municipal
Code to establish Franchise Fees, PEG Fees, and Customer Service
Penalties for State Franchise Holders providing video service within
the City of Vernon.
Recommendation:
(1) Find that approval of the ordinance 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
mere collection of fees and penalties will have no significant
effect on whether AT&T or any other company provides video
service in Vernon; and
(2) Hold the first reading of Ordinance No. 1213 to establish
franchise fees, PEG fees, and customer service penalties for
state franchise holders providing video (cable TV) service
within the City of Vernon.
2. Ordinance No. 1214 - An Ordinance of the City Council of the City
of Vernon, California, amending Sections 5.22(c)(7) and 5.22(c)(8)
of Article II of Chapter 5 of the Code of the City of Vernon to
reduce the rate of the Business License Tax for Catering Vehicle
Businesses.
Recommendation:
(1) Find that modifying the annual Business License Tax for hot or
cold catering vehicles is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section
15061(b)(3). The general is that CEQA only applies to
activities that may have an effect on the environment.
Modifying the annual business license tax rates would not be
subject to CEQA.
(2) Hold the first reading of Ordinance No. 1214 authorizing
modifications to the annual Business License Tax rate for hot
and cold mobile catering vehicles to mirror the County of Los
Angeles. The Los Angeles County rate for cold food catering
trucks is $602 per year and $787 for hot food catering trucks.
The rates would provide a reduction over the maximum rates
authorized in Ordinance No. 1208.
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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 SESSION
1. 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 12th day of September 2013.
By: ________________________________
Dana Reed
Interim City Clerk