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2013-11-05 City Council Agenda Packet (updated)California 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, NOVEMBER 5, 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. Presentations from the Light and Power Department on its respective pages of the new City website. PUBLIC HEARINGS 1. Public hearing on the ordinance amending Chapter 21 of the Vernon Municipal Code, “Sewer and Storm Drains.” Regular City Council Meeting Agenda November 5, 2013 Page 2 of 8 Ordinance No. 1216 - An Ordinance of the City of Vernon, California, amending certain Sections of Chapter 21 of the Code of the City of Vernon regarding Sewers and Storm Drains to comply with the Municipal National Pollutant Discharge Elimination System (NPDES) Permit (first reading). Recommendation: (1) Finds that this action is exempt under the California Environmental Quality Act (“CEQA”) as follows: (a) The ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15308 in that the ordinance is an action taken by the City in its role as a regulatory agency authorized by state regulation and is intended to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. No construction activities or relaxation of standards allowing environmental degradation are proposed in conjunction with the adoption of this ordinance; and (b) The ordinance is covered by the general rule set forth in CEQA Guidelines Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance involves procedures for the protection of the environment and has no significant adverse effect on the environment. (2) Hold the first reading of Ordinance No. 1216 amending certain sections of Chapter 21 of the Code of the City of Vernon regarding Sewers and Storm Drains to comply with the municipal National Pollutant Discharge Elimination System (NPDES) Permit. 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 November 5, 2013 Page 3 of 8 Minutes 2. Minutes of the Regular City Council Meeting held October 15, 2013, to be received and filed. Warrant Registers 3. Ratification of the following City Warrant Registers to record the following voided checks: a. City Warrant Register No. 1383 to record voided Check No. 341695 in the amount of $10.00; and b. City Warrant Register No. 1386 to record voided Check No. 342126 in the amount of $400.00; and c. City Warrant Register No. 1387 to record voided Check No. 342310 in the amount of $225.00. 4. Ratification of Light and Power Warrant Register No. 347 to record voided Check No. 510134 in the amount of $623.40. 5. Approval of City Warrant Register No. 1388, totaling $1,855,082.65, which covers the period of October 8, 2013, through October 28, 2013, and consists of the following: a. Ratification of wire transfers totaling $1,185,156.11; and b. Ratification of the issuance of early checks totaling $149,859.62; and c. Authorization to issue pending checks totaling $520,066.92; and d. Voided Check No. 342453 totaling $292.35. 6. Approval of Light & Power Warrant Register No. 353, totaling $7,013,866.01, which covers the period of October 8, 2013, through October 28, 2013, and consists of the following: a. Ratification of wire transfers totaling $6,791,782.17; and b. Ratification of the issuance of early checks totaling $119,923.21; and c. Authorization to issue pending checks totaling $102,160.63. 7. Approval of Gas Warrant Register No. 141, totaling $1,203,120.64, which covers the period of October 8, 2013, through October 28, 2013, and consists of the following: a. Ratification of wire transfers totaling $1,191,837.06; and b. Ratification of the issuance of early checks totaling $2,064.83; and c. Authorization to issue pending checks totaling $9,218.75. Regular City Council Meeting Agenda November 5, 2013 Page 4 of 8 Community Services and Water Department 8. Building Department Report for the month of September 2013, to be received and filed. 9. Approval of Amendment No. 2 to the Services Agreement for Refuse Collection, Recycling and Disposal Services between the City of Vernon and Consolidated Disposal Service, LLC. Recommendation: (1) Find the proposed Amendment No. 2 to the Services Agreement for Refuse Collection, Recycling and Disposal Services between the City of Vernon and Consolidated Disposal Service, LLC 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 to the Services Agreement for Refuse Collection, Recycling and Disposal Services between the City of Vernon and Consolidated Disposal Service, LLC by amending Exhibit A (“Scope of Services”) and Exhibit B (“Fees”) to reflect reductions in disposal pickup cycles and various bin sizes. The net result is a cost savings of $783.34 monthly or $9,400.08 annually. 10. Acceptance of Work for Contract No. CS-0369, Citywide Slurry Seal, Phase II. Recommendation: (1) Affirm that accepting the work of Petrochem Manufacturing, Inc. for the Citywide Slurry Seal, Phase II Project, Contract No. CS- 0369, 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 o repair existing street; and (2) Accept the work by Petrochem Manufacturing Inc., as part of the Citywide Slurry Seal, Phase II Project, Contract No. CS-0369. Fire Department 11. Activity Report for the period of October 1, through October 15, 2013, to be received and filed. Police Department 12. Activity Log and Statistical Summary of Arrest and Activities for the period of October 1, through October 15, 2013, to be received and filed. Regular City Council Meeting Agenda November 5, 2013 Page 5 of 8 13. Authorization to execute the Agreement for the Avoid the 100 DUI Campaign (West) Los Angeles County. Recommendation: (1) Find that the approval of the agreement with the City of Gardena Police Department 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 projects that may have an effect on the environment; and (2) Authorize the City Administrator to execute an agreement between the City of Vernon and the City of Gardena, in substantially the same form as submitted, for continued participation in the Avoid the 100 DUI Campaign (West) Los Angeles County. 14. Approval of WeTip Anonymous Crime Reporting Membership Agreement. Recommendation: (1) Find that the proposed membership agreement with WeTip Inc., for participation in the WeTip anonymous crime reporting program as detailed in the staff report 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 projects that may have an effect on the environment; and (2) Authorize the Police Chief to execute a membership agreement with WeTip Inc., in substantially the same form as submitted herewith, for participation in the anonymous crime reporting program. NEW BUSINESS Community Services and Water Department 1. A Resolution of the City Council of the City of Vernon supporting the 2013 Third Amended Judgment to the Central Basin Groundwater Adjudication to provide for storage and extraction of groundwater and authorizing the City to conduct all actions necessary or advisable concerning the related litigation. Recommendation: (1) Find that approval of the proposed 2013 Third Amended Judgment regarding Groundwater Storage in the Central Groundwater Basin, 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 November 5, 2013 Page 6 of 8 (2) Approve a Resolution supporting the proposed 2013 Third Amended Judgment regarding Groundwater Storage and Extraction in the Central Water Basin and authorizing the City to review and execute any documents necessary to implement and carry out the purposes of any Court proceedings related to the proposed 2013 Third Amended Judgment; and (3) Approve the City’s execution of the 2013 Third Amended Judgment, in substantially the same form as submitted as Attachment A. Health and Environmental Control Department 2. Approval for Amending the Voluntary Cleanup Agreement with the Department of Toxic Substances Control (DTSC) for the Thermador Site at 5119-5309 District Blvd. and at 4675 52nd Street, by subdividing the property into sections to facilitate the expedited closure of the site. Recommendation: (1) Find that approval of the proposed changes to the Voluntary Cleanup Agreement 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 15330, because the agreement authorizes minor substance cleanup efforts costing less than $1 million; and (2) Authorize the City Administrator, or his designated staff, to modify the previously approved Voluntary Cleanup Agreement between the City of Vernon and the Department of Toxic Substances Control (DTSC) in order to facilitate the expedited closure of the site, provided that at the time the contract is entered into, DTSC estimates the total cost of DTSC’s oversight costs relating to the Voluntary Cleanup Agreement will not exceed $100,000. 3. A Resolution of the City Council of the City of Vernon ratifying the submission of comments by the Mayor of the City of Vernon to the South Coast Air Quality Management District regarding the proposed Amended Rule 1420.1. Recommendation: (1) Find that approval of submission of comments 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 Regular City Council Meeting Agenda November 5, 2013 Page 7 of 8 (2) Ratify the submission of a comment letter by the Mayor of Vernon, to the South Coast Air Quality Management District (AQMD) regarding its Proposed “Amended Rule 1420.1”. Light and Power Department 4. Rejection of Competitive Bids Received for Transformers and Switches, and Authorization of a Rebid. 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) Reject the bids received for the October 21, 2013, Invitations to Bid for Transformers and Switches as more fully described in the Staff Report and authorize a rebidding on essentially the same terms and conditions as the original bid, with fine tuning of the detailed and technical portions of the specifications. 5. Request Approval of the Addition of “Operations Manager” Position to Light & Power Departmental Budget. 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) Approve the addition of “Operations Manager” position to Light & Power departmental budget and authorize the Director of Light & Power to initiate the recruitment process and hire for this role, which is a critical component in the safe and efficient operation of the Transmission and Distribution System. The salary requirement for this position will not exceed $14,137 per month, per the existing City of Vernon Master Salary Schedule. 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”) (second reading). Regular City Council Meeting Agenda November 5, 2013 Page 8 of 8 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) Adopt 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. 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 31st day of October 2013. By: ________________________________ Dana Reed Interim City Clerk