2014-01-21 City Council Agenda Packet (Special & Regular)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
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can be made to provide accessibility to the meeting or service.
AGENDA
CITY OF VERNON
TUESDAY, JANUARY 21, 2014,
COUNCIL CHAMBER
4305 SANTA FE AVENUE
VERNON, CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
(CLOSED SESSION)
8:30 A.M. OR AS SOON THEREAFTER AS
THE JOINT CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY MEETING IS ADJOURNED
REGULAR CITY COUNCIL PUBLIC MEETING
9:00 A.M.
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 AT 8:30 A.M. OR AS SOON THEREAFTER AS THE
JOINT CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
IS ADJOURNED
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.
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Special and Regular City Council Meeting Agenda
January 21, 2014
Page 2 of 10
CLOSED SESSIONS (TO BE HEARD AT 8:30 A.M. AND/OR AT THE CONCLUSION OF THE
REGULAR MEETING)
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (5)
Government Code Section 54956.9(d)(1)
Ortiz v. Los Angeles County Metropolitan Transportation Authority,
et al.
Los Angeles County Superior Court Case No. BC525587
Bruce Malkenhorst, Sr. v. California Public Employees’ Retirement
System, Board of Administration of California Public Employees’
Retirement System, et al.
California Court of Appeal Case No. G047959
Bruce Malkenhorst, Sr. v. City of Vernon, et al.
Los Angeles Superior Court Case No. BC516321
In the Matter of the Calculation of Final Compensation of Bruce
Malkenhorst, Sr.
Office of Administrative Hearings Case No. 2013080917
CalPERS Case No. 2012-0671
Jurupa Avenue Limited Partnership v. City of Vernon, et al.
Los Angeles Superior Court Case No. BC516913
9:00 A.M. CALL TO ORDER REGULAR MEETING & 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.
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Special and Regular City Council Meeting Agenda
January 21, 2014
Page 3 of 10
PRESENTATIONS
1. Personnel Matters - Service Pin Awards
December 2013 Anniversary
Employee Name Job Title Years
1. Eugenio Cerda Police Officer 15
2. Viet Nguyen Operations Manager 10
3. Edwin Ochoa Associate Resource Scheduler 5
2. Vernon Elementary School’s 2014 Used Oil Recycling Calendar Contest
Awards to 5th grade students and sponsor recognition plaques to
supporting businesses.
ORDINANCES
1. ORDINANCE NO. 1218 - An Ordinance of the City Council of the City of
Vernon adding Article XX to Chapter 2 of the Vernon Municipal Code
to establish the Vernon CommUNITY Fund Grant Committee pursuant to
the provisions of the City Charter of the City of Vernon and
specifying the membership and duties of said Grant Committee.
(first reading)
Recommendation:
(1) Find that approval and subsequent adoption of the proposed
ordinance establishing the Vernon CommUNITY Fund Grant Committee
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 first reading of the ordinance establishing the
Vernon CommUNITY Fund Grant Committee and specifying the
membership and duties of said Grant Committee.
PRESENTATIONS CONTINUED
3. Presentation on the Results of the City-wide Classification and
Compensation Study Conducted by Public Sector Personnel Consultants.
Recommendation:
(1) It is recommended that the City Council find that the request to
receive and file the results of the city-wide classification and
compensation study conducted by Public Sector Personnel
Consultants is exempt under the California Environmental Quality
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January 21, 2014
Page 4 of 10
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) It is recommended that the City Council receive and file this
report on the results of the City-wide classification and
compensation study conducted by Public Sector Personnel
Consultants.
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
Minutes
2. Minutes of the Regular City Council Meeting held December 3, 2013,
to be received and filed.
3. Minutes of the Regular City Council Meeting held December 17, 2013,
to be received and filed.
Warrant Registers
4. Ratification of City Warrant Register No. 1390 to record voided
Check No. 342815 in the amount of $946.67.
5. Approval of City Payroll Warrant Register No. 691, totaling
$1,547,136.71, which covers the period of November 17, 2013, through
December 14, 2013, and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling
$924,521.56; and
b. Checks and electronic fund transfers totaling $622,615.15.
6. Approval of City Warrant Register No. 1392, totaling $2,662,876.80,
which covers the period of December 10, 2013, through January 13,
2014, and consists of the following:
a. Ratification of wire transfers totaling $1,990,985.75; and
b. Ratification of the issuance of early checks totaling
$455,376.92; and
c. Authorization to issue pending checks totaling $216,514.13.
Special and Regular City Council Meeting Agenda
January 21, 2014
Page 5 of 10
7. Approval of Light & Power Warrant Register No. 357, totaling
$7,642,273.31, which covers the period of December 10, 2013, through
January 13, 2014, and consists of the following:
a. Ratification of wire transfers totaling $7,574,840.55; and
b. Ratification of the issuance of early checks totaling
$40,357.20; and
c. Authorization to issue pending checks totaling $27,075.56.
8. Approval of Gas Warrant Register No. 145, totaling $2,026,111.50,
which covers the period of December 10, 2013, through January 13,
2014, and consists of the following:
a. Ratification of wire transfers totaling $2,011,964.84; and
b. Ratification of the issuance of early checks totaling
$13,939.38; and
c. Authorization to issue pending checks totaling $207.28.
City Administration Department
9. Councilmembers’ attendance report to the California Contract Cities
Association 47th Annual Sacramento Legislative Orientation Tour from
January 5 through 7, 2014.
10. The following Proclamation was presented by the Mayor to Thomas
Stalberger at the Vernon Rotary Holiday Luncheon on December 19,
2013:
A Proclamation of the Mayor and the City Council of the City of
Vernon commending and honoring Thomas Stalberger of Stericycle,
Inc., on his commitment and service to the Community.
City Clerk Department
11. File the Vernon Local Appointments List with the Office of the City
Clerk and Direct Staff to Continue Updates as Changes Occur.
Recommendation:
(1) Find that the filing of the Vernon Local Appointments List with
the City Clerk 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) File the December 19, 2013, Vernon Local Appointments List with
the Office of the City Clerk; and
Special and Regular City Council Meeting Agenda
January 21, 2014
Page 6 of 10
(3) Direct City Clerk staff to continue to update, file and post a
revised Vernon Appointment List as changes to the members of the
various Commissions and/or Committees occur; and
(4) Direct City Clerk staff to prepare and post a special vacancy
notice whenever an unscheduled vacancy occurs in any Commission
or Committee.
Community Services and Water Department
12. Building Department Report for the month of December 2013, to be
received and filed.
Fire Department
13. Activity Report for the period of December 1, through December 15,
2013, to be received and filed.
14. Activity Report for the period of December 16, through December 31,
2013, to be received and filed.
Police Department
15. Activity Log and Statistical Summary of Arrest and Activities for
the period of December 1, through December 15, 2013, to be received
and filed.
16. Activity Log and Statistical Summary of Arrest and Activities for
the period of December 15, through December 31, 2013, to be received
and filed.
NEW BUSINESS
City Clerk Department
1. A Resolution of the City Council of the City of Vernon amending the
Conflict of Interest Code for the City of Vernon that incorporates
by reference the standard model Conflict of Interest Code of the
Fair Political Practices Commission.
Recommendation:
(1) Find that the approval of the resolution amending the Conflict
of Interest Code 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
Special and Regular City Council Meeting Agenda
January 21, 2014
Page 7 of 10
(2) Approve the resolution amending the Conflict of Interest Code to
require three newly identified staff positions to file
“Statement of Economic Interest” Forms (known as the “Form
700”), and update certain disclosure requirements; and
(3) Authorize staff to file all necessary and reasonable related
documentation, including the “Agency Report of New Positions”
(known as “Form 804”).
Community Services and Water Department
2. A Resolution of the City Council of the City of Vernon approving and
accepting the grant deed dedicating in fee a portion of the property
located at 3492 26th Street.
Recommendation:
(1) Find that accepting the 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 Grant Deed, the work
would merely involve negligible expansion of an existing street;
and
(2) Adopt the proposed resolution to authorize the Mayor and City
Clerk to execute the Certificate of Acceptance and the Grant
Deed for approximately 2,700 square feet of land located at 3492
26th Street.
3. Approval of the Cooperative Agreement between the Los Angeles County
and the City of Vernon for the Installation of a Traffic Control
System.
Recommendation:
(1) Find that the approval of the proposed Cooperative Agreement
between the City of Vernon and the Los Angeles County is exempt
from the California Environmental Quality Act (“CEQA”) in
accordance with (a) CEQA Guidelines Section 15301(c), because
the proposed action would merely involve minor improvements to
the existing traffic lights which would involve negligible or no
expansion of the existing use on the streets; and (b) CEQA
Guidelines Section 15301(d) because the work rehabilitates
existing facilities or structures to meet current standards of
public health and safety; and
(2) Approve the Cooperative Agreement and authorize the Mayor and
City Clerk to execute the agreement.
4. Accept the Fire Lane Easements for 3222 and 3232 Washington
Boulevard (Camfield Washington 1, LLC).
Special and Regular City Council Meeting Agenda
January 21, 2014
Page 8 of 10
Recommendation:
(1) Find that the Fire Lane Easements are 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 two Fire Lane Easements and authorize the Mayor and
Deputy City Clerk to execute said document.
Light and Power Department
5. Award of Bids and Purchase Contracts to Young and Company (Howard
Industries) and Pacific Utilities/Power Partners (ABB) for
Distribution Transformers for the Light & Power Department,
Rejection of Other Transformer Bids (Bid Specification #TR3-2013OH),
and authorization to Re-Bid Certain Items.
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 because purchasing
replacement transformers is a purely administrative function
that will have no effect on the environment; and
(2) Determine that the following companies were the lowest
responsive and responsible bidders for bid specification #TR3-
2013OH, relating to the purchase of distribution transformers:
a. Young & Company (Howard Industries) for bid items: 1-6, 8,
21-29, 33, 34 and 40.
b. Power Partners c/o Pacific Utilities (ABB) for bid items: 7,
9-18, 20, 30-32, and 35-39.
(3) Authorize the Purchasing Department to issue purchase order
contracts as follows:
a. Young & Company (Howard Industries) for bid items 1-6, 8, 21-
29, 33, 34 and 40, in a grand total amount not to exceed
$151,798.
b. Pacific Utilities c/o Power Partners (ABB) for bid items 7,
9-18, 20, 30-32, and 35-39 in a grand total amount not to
exceed $277,307.
(4) Reject all bids for items 19 and 41-43 for two independent
reasons: (a) all submitted bids were non-responsive; and (b) the
city may reject all bids and re-bid the item.
(5) Authorize staff to issue a new notice inviting bids for items 19
and 41-43 in substantially the same form as prior bids for said
items.
Special and Regular City Council Meeting Agenda
January 21, 2014
Page 9 of 10
6. Bicent California Malburg’s Request that the City Approve Documents
to Allow Bicent to Refinance its Malburg Generating Station.
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 because authorizing
refinancing will not cause or allow any physical changes to the
environment; and
(2) Authorize the City Administrator to approve all documents the
Administrator deems reasonably necessary for the City to allow
Bicent California Malburg to refinance its loans secured by the
Malburg Power Plant, provided that such documents do not
substantially alter in any material respects the City’s existing
legal rights under the existing Bicent financing. Further
authorize the Administrator to approve a “Subordination Deed of
Trust” and a “notice of Refinancing and Consent Acknowledgment”
in a form similar to those provided with the staff report.
OLD BUSINESS
Community Services and Water Department
1. Acceptance of Work for Contract No. CS-0363, Citywide Cold Planing
and Striping, Phase I.
Recommendation:
(1) Affirm that accepting the work of Palp, Inc. dba Excel Paving
Company, for the Citywide Cold Planing and Striping, Phase I
Project, Contract No. CS-0363, 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
streets; and
(2) Accept the work by Palp, Inc. dba Excel Paving Company, as part
of the Citywide Cold Planing and Striping, Phase I Project,
Contract No. CS-0363.
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Special and Regular City Council Meeting Agenda
January 21, 2014
Page 10 of 10
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 16th day
of January 2014.
By: ________________________________
Ana Barcia
Deputy City Clerk