2013-10-15 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, OCTOBER 15, 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
September 2013 Anniversary
Employee Name Job Title Years
Alex Kung Assistant to City Administrator 5
2. Presentation from the City of Huntington Park on the status of the
Soccer Field Project at Salt Lake Park.
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October 15, 2013
Page 2 of 11
3. Presentations from the Community Services & Water Department and
Fire Department on their respective pages of the new City website.
PUBLIC HEARINGS
1. Public hearing to consider evidence to establish Vernon’s new
Transmission Revenue Balancing Account Adjustment (“TRBAA”) for its
high voltage (over 200kV) transmission entitlements (all located
outside the City) pursuant to Vernon’s Transmission Owner Tariff:
A Resolution of the City Council of the City of Vernon Establishing
a Transmission Revenue Balancing Account Adjustment for 2014 in
accordance with Vernon’s Transmission Owner Tariff and providing for
tariff sheet changes to implement the adjustment
Recommendation:
(1) Find that the approval of the TRBAA 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 Resolution establishing a New Transmission Revenue
Balancing Account Adjustment (TRBAA) for 2014 that:
a. Adopts the newly calculated TRBAA of a positive $13,331;
and
b. Adopts the replacement of the existing TRBAA of negative
$34,766 with the new TRBAA for 2014 of a positive $13,331;
and
c. Adopts he attached revised Appendix I of Vernon’s TO Tariff
reflecting the TRBAA of positive $13,331; and
d. Authorizes outside counsel to submit Vernon’s TRBAA and
supporting documentation to FERC on behalf of the City of
Vernon.
2. Public hearing to consider evidence to establish Vernon’s new
Existing Transmission Contract Adjustment for its high voltage (over
200kV) transmission entitlements (all located outside the City)
pursuant to Vernon’s Transmission Owner Tariff:
A Resolution of the City Council of the City of Vernon Adopting a
new Transmission Revenue Requirement for 2014 in accordance with
Vernon’s Transmission Owner Tariff and Providing for tariff sheet
changes to implement the adjustment
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October 15, 2013
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Recommendation:
(1) Find that the approvals referenced in the resolution 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 the attached Resolution to thereby:
a. Approve pursuant to the Transmission Owner Tariff, and to
be effective on January 1, 2014, the establishment of the
City’s new Transmission Revenue Requirement (TRR) and
Appendix I to the TO Tariff implementing the new TRR, as
described in the Light & Power Staff TRR Report dated on or
about October 3, 2013; and
b. Authorize outside counsel to submit the City’s TRR, the
amended Appendix I to the Vernon TO Tariff, and supporting
documentation such as the TRR Report, to the Federal Energy
Regulatory Commission (FERC) on behalf of the City of
Vernon.
3. Public hearing on whether to establish a policy to limit the costs
the city may incur in procuring renewable energy pursuant to the
“City of Vernon Renewable Resources Procurement Plan and Enforcement
Program (SBX1 2 Compliance Plan)”:
Request for Approval of “City of Vernon Renewable Resources
Procurement Plan and Enforcement Program (SBx1 2 Compliance Plan)
Cost Limitation Policy”
Recommendation:
(1) Find that the approval of the proposed “City of Vernon Renewable
Resources Procurement Plan and Enforcement Program (SBx1 2
Compliance Plan) Cost Limitation Policy Renewable Portfolio
Standard Cost Limitation Policy” (the “Cost Limitation Policy”)
is exempt from the California Environmental Quality Act (“CEQA”)
because merely changing a procurement policy is an
“administrative action that will not result in direct or
indirect physical changes in the environment” and is therefore
not a “project.” It is further recommended that the Council
find that even if adoption of the policy were to constitute a
“project” under CEQA, it would be exempt from 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 (a) this policy does not prevent the City Council from
revising the policy in the future, and therefore does not
irrevocably commit the City Council to specified actions; and
(b) declaring the City’s intent to not purchase certain
commodities in the future if certain hypothetical events occur
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October 15, 2013
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at some future date, and replacing them with unknown other
commodities is far too speculative of an event to have any
quantifiable effect or other effect on the environment that is
subject to CEQA; and
(2) Approve the Renewable Portfolio Standard (“RPS”) Cost Limitation
Policy to mitigate the impact of the RPS requirements of SBx1 2.
Consistent with Public Utilities Code Section 399.15(c), the
proposed policy would cap the city’s procurement of RPS expenses
at 19% of its Total net Power Supply Costs, and serve the
purpose of preventing disproportionate rate impacts.
4. Public hearing on approval of a conditional use permit and variance
for Joie Jeans.
A Resolution of the City Council of the City of Vernon Approving a
Conditional Use Permit and Variance for Dutch, LLC (d.b.a. Joie
Jeans) to operate a commercial facility located at 5300 Santa Fe
Avenue
Recommendations:
(1) Find that approval of the proposed Conditional Use Permit and
variance are categorically exempt under the California
Environmental Quality Act (CEQA) in accordance with Guidelines
section 15061, the general rule exempting projects that will not
have a significant effect on the environment and CEQA Guidelines
section 15303, because: (i) no significant physical changes will
occur as a result of this approval; (ii) the proposed
construction converts an existing 4,765 square foot parking
structure into an office building in an urban area, (iii) the
project is an area where all public services and facilities are
available to allow for maximum development permissible in the
General Plan, (iv) the project does not involve significant
amounts of hazardous substances, and (v) the area is not in an
environmentally sensitive area; and
(2) Adopt a resolution approving a conditional use permit and
variance to allow Joie Jeans to operate a commercial facility,
subject to the conditions of approval for the property located
at 5300 Santa Fe Avenue.; and
(3) In accordance with Vernon Municipal Code Section 26.5.1-6, as
fully described in the resolution, concur with the
recommendation of the Director of Community Services in setting
the minimum parking and loading and maneuvering requirement for
office uses for this, and future projects, involving office uses
in Vernon: (1) Automobile Parking: 3 stalls per 1,000 square
feet; (2) Tandem Parking Stalls –up to 1/3 of the required
automobile parking spaces may be provided as tandem parking
spaces if a valet is on site whenever any vehicle is parked in a
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October 15, 2013
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tandem parking space and blocks access to or from another
parking space; (3) Truck Loading – 1 stall per 25,000 square
feet, (4) Truck Parking stalls are not required.
5. Public hearing on the modification to condition of approval “f” of
the Tentative Parcel Map that was issued on May 15, 2012 pursuant to
Resolution No. 2012-66, which required Bandini XC to: “have fire
hydrants placed every 300-feet along the eastside of Pennignton Way
and the north side of Bandini Boulevard frontage”:
A Resolution of the City Council of the City of Vernon Amending
Resolution 2012-66 by Deleting Subsection F from Section 4 to remove
a Condition of Approval for Tentative Parcel Map No. 71920 for
Bandini XC, LLC, located at 5553 Bandini Boulevard.
Recommendations:
(1) Find that approval of the proposed Tentative Parcel Map
Modification is categorically exempt from the California
Environmental Quality Act (“CEQA”) under Section 15315, Class 15
“Minor land division of industrial property into four or fewer
parcels”, of the CEQA Guidelines and Section 15061(b)(3), the
general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment
because removing a requirement to install a limited number of
fire hydrants cannot cause a significant impact on the
environment where there is already more than sufficient fire
suppression support available; and
(2) Adopt the resolution deleting the condition of approval set
forth in Subsection F of Section 4 of Resolution No. 2012-66.
This will allow Bandini XC, LLC to still subdivide property
located at 5553 Bandini Boulevard in conformance with the City’s
subdivision ordinance and Subdivision Map Act, but remove an
otherwise duplicative condition of approval which requires fire
hydrants to be placed in specified locations.
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 October 3, 2013, for claimant Tadin
Inc. for an amount of $20,424.32.
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October 15, 2013
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Minutes
2. Minutes of the Regular City Council Meeting held September 17, 2013,
to be received and filed.
3. Minutes of the Special and Regular City Council Meeting held October
1, 2013, to be received and filed.
Warrant Registers
4. Ratification of the following City Warrant Registers to record the
following voided checks:
a. Register No. 1376 to record voided Check No. 340317 in the
amount of $87.50; and
b. Register No. 1376 to record voided Check No. 340321 in the
amount of $977.50; and
c. Register No. 1386 to record voided Check No. 342143 in the
amount of $353.78; and
d. Register No. 1386 to record voided Check No. 342141 in the
amount of $84.44; and
e. Register No. 1385 to record voided Check No. 342051 in the
amount of $15,000; and
f. Register no. 1385 to record voided Check No. 341936 in the
amount of $143.00.
5. Approval of City Payroll Warrant Register No. 688, totaling
$2,466,438.34, which covers the period of August 11, 2013, through
September 7, 2013, and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling
$1,833,116.90; and
b. Checks and electronic fund transfers totaling $633,321.44.
6. Approval of City Warrant Register No. 1387, totaling $899,711.76,
which covers the period of September 24, 2013, through October 7,
2013, and consists of the following:
a. Ratification of wire transfers totaling $629,241.32; and
b. Ratification of the issuance of early checks totaling
$173,858.54; and
c. Authorization to issue pending checks totaling $96,611.90.
7. Approval of Federal Funds Street Improvements Warrant Register No.
18, totaling $3,120.23, which covers the period of May 28, 2013
through October 7, 2013, and consists of ratification of wire
transfers for said amount.
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October 15, 2013
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8. Approval of Light & Power Warrant Register No. 352, totaling
$1,875,293.61, which covers the period of September 24, 2013,
through October 7, 2013, and consists of the following:
a. Ratification of wire transfers totaling $1,809,546.26; and
b. Ratification of the issuance of early checks totaling
$10,306.46; and
c. Authorization to issue pending checks totaling $55,440.89.
9. Approval of Gas Warrant Register No. 140, totaling $2,137,869.47,
which covers the period of September 24, 2013, through October 7,
2013, and consists of the following:
a. Ratification of wire transfers totaling $2,137,074.85; and
b. Ratification of the issuance of early checks totaling $794.62.
City Administration
10. Councilmembers’ attendance report to the League of California Cities
Conference from September 18-20, 2013.
11. Councilmembers’ attendance report to the California Contract Cities
Association 33rd Annual Fall Seminar from October 4-5, 2013.
Fire Department
12. Activity Report for the period of September 16, through September
30, 2013, to be received and filed.
Health and Environmental Control Department
13. September 2013 Monthly Report, to be received and filed.
Police Department
14. Activity Log and Statistical Summary of Arrest and Activities for
the period of September 16, through September 30, 2013, to be
received and filed.
NEW BUSINESS
Community Services and Water Department
1. Approval of Electrical Easement at 2910 Ross Street (Dedeaux
Properties, LLC).
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October 15, 2013
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Recommendation:
(1) Find that approval of the Electrical 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 Electrical Easement and authorize the Mayor and
Interim City Clerk to execute said documents; and
(3) Direct the Interim City Clerk, or his designee, to record the
Electrical Easement with the County Recorder.
2. Approval of Amendment No. 2 for Engineering Design and Construction
Support Services for Well 21 between the City of Vernon and Cannon
Corporation.
Recommendation:
(1) Find Amendment No. 2, amending the plans and specifications to
reflect the removal of two 20,000 gallon baker tanks,
modification of piping details, the reduction in the size of the
pump motor from 300 horsepower to 250 horsepower and related
modification of electrical components and material, and final
plan check; to the existing Service Agreement for Engineering
Design and Construction Support Services for Well 21 between the
City of Vernon and Cannon Corporation, 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 Amendment No. 2,
amending the existing Services Agreement for Engineering Design
and Construction Support Services for Well 21 between the City
of Vernon and Cannon Corporation. The amendment will be in a
not to exceed amount of $8,050 bringing the grand total not to
exceed amount of the Agreement to $135,218.
Human Resources Department
3. A Resolution of the City Council of the City of Vernon Amending
Resolution No. 2013-57 regarding the Compensation, Costs and
Benefits of its Employees (“Citywide Personnel and Salary
Resolution”) by Amending Schedule No. VII (Finance Department) and
Eliminating Schedule No. XVII (Risk Management Department) of the
Citywide Personnel and Salary Resolution (Amendment No. 2).
Recommendation:
(1) Find that approval of the proposed amendment to the Citywide
Personnel and Salary Resolution No. 2013-57 amending schedule
no. VII (Finance Department) and eliminating schedule no. XVII
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October 15, 2013
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(Risk Management Department) 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 attached resolution to amend Citywide Personnel and
Salary Resolution No. 2013-57 to amend Schedule No. VII (Finance
Department) and Eliminate Schedule No. XVII (Risk Management
Department) to revise the updated job classification and salary
range for the Risk Manager and approve the position allocation
change in the Finance Department’s budget.
4. A Resolution of the City Council of the City of Vernon Approving the
Payment of Medical and Dental Insurance Premiums for Full Time
Employees and Retirees under the Age of 65 and Life Insurance
Premiums for Full Time Employees for the 2014 Calendar Year.
Recommendation:
(1) Find that approval of the proposed resolution authorizing the
payment of the 2014 medical, dental and life insurance premiums
and change from Aetna medical and dental insurance benefit
packages to Anthem Blue Cross and MetLife dental insurance plans
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 authorizing the payment of
medical, dental and life insurance premiums for calendar year
2014 and the change from Aetna medical and dental insurance
benefit packages to Anthem Blue Cross and MetLife dental
insurance plans for full time employees and retirees under the
age of 65 at an approximate annual premium cost of $3,537,284
for medical and dental premiums, and $186,000 for HSA
contributions for employees enrolled under the HSA PPO Medical
plan. The resolution also proposes to change the Life Insurance
carrier from Lincoln Financial to Mutual of Omaha; the
approximate annual cost for Life Insurance premiums for full
time employees is $5,578.
Light and Power Department
5. Request Approval of the Purchase of Seven (7) EDEN Software Modules.
Recommendation:
(1) Find that the requested 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
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October 15, 2013
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(2) Approve the purchase of seven (7) EDEN software modules designed
to enhance the City’s existing technology platform which
provides essential financial and asset management tools for City
personnel for an amount not to exceed $174,812, and as exempt
from competitive bidding (Vernon Municipal Code, Section
2.17.12(A)(2)(sole source) and from competitive selection
(Vernon Municipal Code, Section 2.17.12(B)(1)(sole source).
OLD BUSINESS
Light and Power Department
1. 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 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, and authorize the Director of Light
& 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”).
ORDINANCES
1. Ordinance No. 1215 - An Ordinance of the City Council of the City
of Vernon, California, correcting Section 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 (“Hot Food
Trucks”) (first reading).
/ / /
/ / /
Regular City Council Meeting Agenda
October 15, 2013
Page 11 of 11
Recommendation:
(1) Find that correcting Section 5.22(c)(8) of the Code of the City
of Vernon, which modified the annual Business License Tax for
hot food catering vehicles, 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.
Modifying the annual business license tax rates would not be
subject to CEQA; and
(2) Hold the first reading of Ordinance No. 1215, correcting the
Annual Business License Tax rate for Catering Vehicle – Hot Food
to reduce the rate and mirror the County of Los Angeles at
$787.00/yr. This will correct a clerical error which resulted
in the rate not being changed at all for hot food trucks.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of Case: Larry Walker vs. City of Vernon
Workers Compensation Appeals Board Case No. RIV0084265
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.
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 10th day of October 2013.
By: ________________________________
Dana Reed
Interim City Clerk