2013-11-19 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
TUESDAY, NOVEMBER 19, 2013,
SPECIAL CITY COUNCIL PUBLIC MEETING
(CLOSED SESSION)
8:30 A.M.
REGULAR CITY COUNCIL PUBLIC MEETING
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 SPECIAL MEETING 8:30 A.M.
PUBLIC COMMENT (Special Meeting): At this time the public is encouraged
to address the City Council on any matter on the Special Meeting portion
of the Agenda (Closed Session), only.
CLOSED SESSION (TO BE HEARD AT 8:30 A.M. AND/OR AT THE CONCLUSION OF THE
REGULAR MEETING)
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code
§ 54956.9(d)(2): One potential case.
Special and Regular City Council Meeting Agenda
November 19, 2013
Page 2 of 12
2. PUBLIC EMPLOYEE APPOINTMENT
Government Code § 54957(b)(1)
Title: City Attorney
CALL TO ORDER REGULAR MEETING 9:00 A.M. & 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
October 2013 Anniversary
Employee Name Job Title Years
1. Craig Peltier Regional Training Captain 25
2. Pete Torres Fire Engineer 25
3. Andrew Guth Battalion Chief 25
4. Todd Newton Police Officer 10
5. Rafael Castellanos Utilityman IV 5
2. A Proclamation of the Mayor and the City Council of the City of
Vernon Commending and Honoring Noe Sandoval for His Service and
Support of His Community.
3. A Proclamation of the Mayor and the City Council of the City of
Vernon Commending and Honoring Nicholas Leonardo Delgadillo for His
Service and Support of His Community.
4. A Proclamation of the Mayor and the City Council of the City of
Vernon Commending and Honoring Raymond Lucky Godoy for His Service
and Support of His Community.
5. Presentation by the Finance Director on the 2014 first quarter
budget update.
Special and Regular City Council Meeting Agenda
November 19, 2013
Page 3 of 12
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.
Warrant Registers
2. Ratification of City Warrant Register No. 1385 to record voided
Check No. 341938 in the amount of $84.44.
3. Approval of City Payroll Warrant Register No. 689, totaling
$3,626,902.67, which covers the period of September 8, 2013, through
October 19, 2013, and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling
$2,687,846.33; and
b. Checks and electronic fund transfers totaling $39,056.34.
4. Approval of City Warrant Register No. 1389, totaling $1,283,283.95,
which covers the period of October 29, 2013, through November 11,
2013, and consists of the following:
a. Ratification of wire transfers totaling $796,999.15; and
b. Ratification of the issuance of early checks totaling
$249,913.12; and
c. Authorization to issue pending checks totaling $236,371.68.
5. Approval of Light & Power Warrant Register No. 354, totaling
$1,302,024.32 which covers the period of October 29, 2013, through
November 11, 2013, and consists of the following:
a. Ratification of wire transfers totaling $1,180,819.95; and
b. Ratification of the issuance of early checks totaling
$60,024.82; and
c. Authorization to issue pending checks totaling $61,179.55.
6. Approval of Gas Warrant Register No. 142, totaling $841,605.83,
which covers the period of October 29, 2013, through November 11,
2013, and consists of the following:
a. Ratification of wire transfers totaling $825,167.50; and
b. Ratification of the issuance of early checks totaling
$16,438.33.
Special and Regular City Council Meeting Agenda
November 19, 2013
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Community Services and Water Department
7. Building Department Report for the month of October 2013, to be
received and filed.
Fire Department
8. Activity Report for the period of October 16, through October 31,
2013, to be received and filed.
Health and Environmental Control Department
9. October 2013 Monthly Report, to be received and filed.
Police Department
10. Activity Log and Statistical Summary of Arrest and Activities for
the period of October 16, through October 31, 2013, to be received
and filed.
11. Approval of the Organized Crime Drug Enforcement Task Force Overtime
and Expense Reimbursement Agreement Fiscal Year 2014.
Recommendation:
(1) Find that the agreement between the Organized Crime Drug
Enforcement Task Force and the City of Vernon 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 an agreement with the
Organized Crime Drug Enforcement Task Force (“OCDETF”) in
substantially the same form as submitted, to receive
reimbursement of overtime and authorize travel and per diem
expenses resulting from OCDETF investigations.
NEW BUSINESS
City Administration Department
1. A Resolution of the City Council of the City of Vernon designating
December 23, 24, 26, and 31, 2013, as additional City holidays for
2013 only, and directing closure of the public offices of the City
of Vernon on these days.
Special and Regular City Council Meeting Agenda
November 19, 2013
Page 5 of 12
Recommendation:
(1) Find that the California Environmental Quality Act (“CEQA”) does
not apply to approval of the proposed resolution authorizing the
closure of public offices of the City of Vernon on December 23,
24, 26, 31, 2013 because CEQA does not apply to personnel-
related actions and administrative activities, as described by
CEQA Guidelines Section 15378(b)(2) and (5). Further, even if
CEQA did apply, approval of the proposed resolution is exempt 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 designating December 23, 24, 26, and 31,
2013 as additional City Holidays for 2013 only, and approving
the closure of the public offices of the City of Vernon on said
days; and
(3) Authorize the addition of 40 hours of in-lieu holiday time for
representative employees in accordance with the 2012-2014 Police
Officers Association Memorandum of Understanding, 2013-2014
Police Management Association Memorandum of Understanding and
Department In Lieu Holiday Schedule “F” of Resolution No. 9542.
2. Agreement with Fred MacFarlane for Strategic Consulting Services and
to Serve as Senior Strategic Policy Advisor and Director of
Communications.
Recommendation:
(1) Find that approval of the agreement is exempt from 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 terminate the January 3,
2011 consulting services agreement with Fred MacFarlane,
effective November 30, 2013, and enter into a new consulting
services agreement with Fred MacFarlane, in substantially the
same form as submitted, for a term of one year, December 1, 2013
through November 30, 2014, at a not to exceed cost of $160,000,
for strategic consulting services and to serve as Senior
Strategic Policy Advisor and Director of Communications.
Competitive bidding is not required for this professional
services contract pursuant to Section 2.17.12(A)(10) of the
Vernon Municipal Code. It is requested that the City Council
grant an exemption from the competitive selection process,
pursuant to Section 2.17.12(B)(2) of the Vernon Municipal Code,
based upon a determination that the best interests of the city
are served by a direct award of the contract without a
competitive selection process, for the reasons set forth in the
staff report.
Special and Regular City Council Meeting Agenda
November 19, 2013
Page 6 of 12
City Clerk Department
3. Approval of the following Resolutions pertaining to the General
Municipal Election to be held on Tuesday, April 8, 2014:
A Resolution of the City Council of the City of Vernon,
California, calling for the holding of an All Mail Ballot
General Municipal Election to be held on Tuesday, April 8, 2014,
for the election of a certain officer as required by the
provisions of the charter of the City of Vernon.
A Resolution of the City Council of the City of Vernon,
California, requesting the Board of Supervisors of the County of
Los Angeles to render specified services to the City relating to
the conduct of a General Municipal Election to be held on
Tuesday, April 8, 2014.
Recommendation:
(1) Find that approval of the Resolutions 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, as the
proposed is administrative in nature; and
(2) Approve the Resolution calling for the holding of the General
Municipal Election to be held on April 8, 2014 for the Election
of a City Councilmember; and
(3) Approve the Resolution requesting the Board of Supervisors of
the County of Los Angeles to render specified services to the
city relating to the conduct of the General Municipal Election
to be held on Tuesday, April 8, 2014.
Community Services and Water Department
4. Approval of the Green Streets Policy.
Recommendation:
(1) Find that establishing a Green Streets Policy is categorically
exempt under the California Environmental Quality Act (“CEQA”)
in accordance with the two following sections of the CEQA
Guidelines, 14 C.C.R. §§15000 et. seq.:
(a) The CEQA categorical exemption in Section 15308 applies to
the Green Streets Policy because said Policy is an action
taken by the City in its role as a regulatory agency
authorized by state regulation and said Policy 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
Special and Regular City Council Meeting Agenda
November 19, 2013
Page 7 of 12
construction activities or relaxation of standards allowing
environmental degradation are proposed in conjunction with
the adoption of this Policy.
(b) The Green Streets Policy is covered by the general rule set
forth in Section 15061(b)(3) 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 Green
Streets Policy involves procedures for the protection of
the environment and has no significant adverse effect on
the environment.
(2) Adopt a motion to review and file the Green Streets Policy which
provides guidelines and requirements that will apply to projects
and limit stormwater runoff from public and private streets.
Health and Environmental Control Department
5. Approval of a Services Agreement by and between the City of Vernon
and MSW Consultants, Inc., for Solid Waste Consulting Services to
provide environmental sustainability consulting services to the City
for a two-year term.
Recommendation:
(1) Find that because hiring a consultant to advise the City is an
administrative activity that will not result in direct or
indirect physical changes in the environment, doing so is not a
“project” that is subject to the California Environmental
Quality Act (“CEQA”). Furthermore, even if it were a project,
because such actions will not have any effect on the
environment, this action would be exempt from CEQA pursuant to
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 a services
agreement for Solid Waste Consulting Services with MSW
Consultants, Inc. (“MSW”), in substantially the same form as
submitted herewith, for a term of two years, November 1, 2013
through October 31, 2015, in an amount not to exceed $260,000.00
per year or a grand total of $520,000.00 for two years. The
contract is based on the city’s form personal services contract.
The contract provides for a one-year optional extension at the
City Administrator’s discretion if the price, terms, and
conditions remain the same.
Special and Regular City Council Meeting Agenda
November 19, 2013
Page 8 of 12
Human Resources Department
6. A Resolution of the City Council of the City of Vernon amending
Resolution No. 2013-91 to update section 4 and reaffirm section 5
regarding the City’s contribution toward medical and dental premiums
for full time employees, and their eligible dependents, and
qualified retirees under the age of 65 enrolled in City sponsored
PPO medical plans.
Recommendation:
(1) Find that the California Environmental Quality Act (“CEQA”) does
not apply to approval of the proposed resolution authorizing the
City contribution toward the medical and dental premiums because
CEQA does not apply to personnel-related actions and
administrative activities, as described by CEQA Guidelines
Section 15378(b)(2) and (5). Further, even if CEQA did apply,
approval of the proposed resolution is exempt in accordance with
Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment.
(2) Approve and adopt the resolution effective January 1, 2014
amending Resolution No. 2013-91 to update Section 4 and reaffirm
Section 5 regarding the City’s contribution toward the medical
and dental insurance premiums for full time employees, and their
eligible dependents, and qualified retirees under the age of 65
enrolled in a City-sponsored PPO Medical Plans.
7. A Resolution of the City Council of the City of Vernon Denying the
Application for an Industrial Disability Retirement by Francesco
Pirello pursuant to Government Code Section 21156.
Recommendation:
(1) Find that denying the Industrial Disability Retirement
Application 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 denying the application for an Industrial
Disability Retirement, pursuant to government code section
21156, based on insufficient medical evidence that Mr. Pirello
is substantially incapacitated from the performance of his usual
and customary duties as a Police Sergeant for the City of
Vernon.
Light and Power Department
8. Request for Approval to Enter into New Port Canaveral Power
Consultants, Inc. Service Contract.
Special and Regular City Council Meeting Agenda
November 19, 2013
Page 9 of 12
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 Light & Power’s request to enter into an agreement with
Port Canaveral Power Consultants, Inc. (“Port Canaveral”),
incorporating a Proposal (Exhibit “A”) and Proposed Deliverables
(Exhibit “B”) for project management and engineering services
encompassing all aspects of planning, development, and licensing
involved in the commissioning of energy projects. The agreement
shall be for a one (1) year term with an effective date of
November 19, 2013 for a not to exceed amount of $252,000 for
professional services, and a reimbursement limit of $48,000 for
city approved project related travel expenses. The City
Administrator may increase the $252,000 limit if he determines
that a change order is necessary, and the total payments to
Contractor would not exceed $300,000, inclusive of all city
approved project related travel expenses. Port Canaveral would
be paid $180.00 per hour for consulting services, and $90.00 per
hour for travel time. Port Canaveral has one employee, Mr.
Peter Hervish, who will be providing all of the services
pursuant to the contract; and
(3) Grant an exemption from the competitive selection process for
Port Canaveral, pursuant to Section 2.17.12(B)(2) of the Vernon
Municipal Code, based upon a determination that the best
interests of the City are served by a direct award of the
contract without a competitive selection process, for the
reasons set forth in the staff report. Competitive bidding is
not required for this professional services contract pursuant to
Section 2.17.12(A)(10) of the Vernon Municipal Code.
9. A Resolution of the City Council of the City of Vernon approving and
adopting the Vernon Light & Power Department Resource Adequacy Plan
for 2014, which includes the Peak Demand Forecast, the Planning
Reserve Margin, the Qualifying Capacity Criteria and the Qualifying
Capacity from such resources, City’s Resource Adequacy and Supply
Data and approves the resources used to satisfy the California
Independent System Operator’s Tariff Requirements.
Recommendation:
(1) Find that the approval of the City of Vernon Light & Power
Department Resource Adequacy Plan for 2014 referenced is exempt
under the California Environmental Quality Act (“CEQA”) in
accordance with Section 15061(b)(3), the general rule that CEQA
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November 19, 2013
Page 10 of 12
only applies to projects that may have an effect on the
environment; and
(2) Approve the Resolution approving the City of Vernon Light &
Power Department Resource Adequacy Plan for 2014, which plan
does the following:
(a) Approves the coincident peak Demand Forecast for 2014;
(b) Maintains 15% as the Reserve Margin for planning purposes;
(c) Approves the Qualifying Capacity Criteria that is used to
determine qualifying resource types and the Qualifying
Capacity from such resources;
(d) Approves the City’s annual Resource Adequacy and Supply
data;
(e) Approves the Resource Adequacy resources that will be used
to satisfy the City’s Local Capacity Requirement for 2014.
(3) Authorize staff to submit the “City of Vernon Light & Power
Department’s Resource Adequacy Plan, Calendar Year 2014” and the
Monthly Resource Adequacy and Supply data to the California
Independent System Operator as they become due.
ORDINANCES
1. 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 (second 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
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November 19, 2013
Page 11 of 12
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) Adopt 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.
2. Ordinance No. 1217 - An Ordinance of the City Council of the City of
Vernon amending various sections of Chapters 7, Fire Regulations and
24, Building and Construction, of the Vernon Municipal Code, along
with amendments, additions and deletions and adopting by reference
the following codes: (1) the 2013 California Fire Code, 24 CCR Part
9; (2) the 2013 California Building Code, 24 CCR Part 2; (3) the
2013 California Electrical Code, 24 CCR Part 3 (4) the 2006 Edition
of the ICC Electrical Code Administrative Provisions; (5) the 2013
California Mechanical Code, 24 CCR Part 4; (6) the 2013 California
Plumbing Code, 24 CCR Part 5; (7) the 2013 California Existing
Building Code, 24 CCR Part 10; (8) the 2012 International Existing
Building Code, (9) the 2013 California Residential Code, 24 CCR Part
2.5; (10) the 2013 California Green Building Standards Code also
called the CALGreen Code, 24 CCR Part 11; (11) the 2013 California
Energy Code, 24 CCR Part 6; repealing all prior ordinances and parts
of ordinances in conflict therewith and making express findings and
determinations that modifications to said codes are reasonably
necessary because of local climatic, geological or topographical
conditions (first reading).
Recommendation:
(1) Finds that this action is not subject to the California
Environmental Quality Act (“CEQA”) as follows:
(a) The ordinance is not considered a “project” under CEQA
which is defined as a whole of an action directly
undertaken by a public agency which has the potential for
resulting in either a direct physical change in the
environment or a reasonably foreseeable indirect physical
change in the environment. Guidelines section 15378(a);
Cal. Pub. Res. Code section 21065. Under the proposed
ordinance, no such activity is being undertaken. Even if
the ordinance were to be considered a “project” under CEQA,
which is not the case, the ordinance would be 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
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November 19, 2013
Page 12 of 12
question may have a significant effect on the environment,
the activity is not subject to CEQA. Here, the ordinance
involves the adoption of state-mandated construction codes,
and the revisions to those codes merely improve the safety
of buildings and will not have any effect on the
environment.
(2) Introduces an ordinance amending various sections of Chapters 7
and 24 of the Vernon Municipal Code, along with amendments,
additions and deletions and adopting by reference the following
codes: (1) the California Fire Code, 24 CCR Part 9; (2) the 2013
California Building Code, 24 CCR Part 2; (3) the California
Electrical Code, 24 CCR Part 3 and the 2006 Edition of the ICC
Electrical Code Administrative Provisions; (4) the 2013
California Mechanical Code, 24 CCR Part 4; (5) the 2013
California Plumbing Code, 24 CCR Part 5; (6) the 2013 California
Existing Building Code, 24 CCR Part 10; (7) the 2012
International Existing Building Code, (8) the 2013 California
Residential Code, 24 CCR Part 2.5; (9) the 2013 California Green
Building Standards Code also called the CALGreen Code, 24 CCR
Part 11; and (10) the 2013 California Energy Code, 24 CCR
Part 6.
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 14th day of November 2013.
By: ________________________________
Dana Reed
Interim City Clerk