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2014-03-04 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. 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, MARCH 4, 2014, 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. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring the Week of March 3-9, 2014, as Multiple Sclerosis Awareness Week. 2. Presentation by Independent Reform Monitor John Van De Kamp on his January 31, 2014 Report on the City of Vernon. / / / Regular City Council Meeting Agenda March 4, 2014 Page 2 of 7 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. 1393, to record voided Check no. 343214 in the amount of $17.20. 3. Approval of City Warrant Register No. 1395, totaling $1,495,801.54, which covers the period of February 11, through February 24, 2014, and consists of the following: a. Ratification of wire transfers totaling $1,208,253.51; and b. Ratification of the issuance of early checks totaling $140,710.30; and c. Authorization to issue pending checks totaling $146,837.73; and d. Voided Check No. 343434 in the amount of $14.77. 4. Approval of Light & Power Warrant Register No. 360, totaling $4,199,805.49, which covers the period of February 11, through February 24, 2014, and consists of the following: a. Ratification of wire transfers totaling $4,158,352.24; and b. Ratification of the issuance of early checks totaling $34,427.23; and c. Authorization to issue pending checks totaling $7,026.02. 5. Approval of Gas Warrant Register No. 148, totaling $160,565.86, which covers the period of February 11, through February 24, 2014, and consists of the following: a. Ratification of wire transfers totaling $143,310.11; and b. Ratification of the issuance of early checks totaling $17,129.75; and c. Authorization to issue pending checks totaling $126.00. City Administration Department 6. Selection of Name for New Housing Project at 4675 52nd Drive in Vernon. Regular City Council Meeting Agenda March 4, 2014 Page 3 of 7 Recommendation: (1) Find that the selection of a name for the new housing project to be developed by Meta Housing Corporation at 4675 52nd Drive in Vernon 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, because establishing the name of a building has no environmental effect. (2) Select “Vernon Village Park”, as the name for the new housing project to be developed by Meta Housing Corporation at 4675 52nd Drive in Vernon. This name is recommended by the ad hoc subcommittee of the City Council selected to make a recommendation on the issue. Community Services and Water Department 7. Building Department Report for the month of January 2014, to be received and filed. Fire Department 8. Activity Report for the period of February 1, through February 15, 2014, to be received and filed. Police Department 9. Activity Log and Statistical Summary of Arrest and Activities for the period of February 1, through February 15, 2014, to be received and filed. NEW BUSINESS City Attorney Department 1. Approval of Attorney Services Agreement (Transactional) Between the City of Vernon and Paul J. Early to Provide Legal Services on an as Needed Basis. Recommendation: (1) Find that the approval of the proposed Attorney Services Agreement is a purely administrative action that is not a “project” under the California Environmental Quality Act (“CEQA”), and that even if it were a “project”, the approval is exempt from CEQA under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no Regular City Council Meeting Agenda March 4, 2014 Page 4 of 7 possibility that the activity in question may have a significant effect on the environment; and (2) Find that, consistent with the City Council’s authority under Vernon Municipal Code Section 2.17.12(B)(2), the best interests of the City are served by a direct award of a contract to Paul Early without a competitive selection process because the proposed rates of $95.00 per hour are extremely competitive, and because Mr. Early has substantial experience representing municipalities, and on that basis authorize the City Administrator to approve a contract with Paul J. Early in a form substantially similar to the contract provided with the staff report. The contract establishes caps spending at $24,999 in any 12 month period, and $74,997 over the life of the three year contract. The proposed contract would authorize the Risk Manager to waive insurance requirements for this particular contract. Community Services and Water Department 2. A Resolution of the City Council of the City of Vernon approving and authorizing the execution of documents relating to the financing of the Meta Housing Corporation Housing Development. Recommendation: (1) Finds that the approval of the Subordination Agreement, and changes to the Ground Lease and Regulatory Agreements make no changes to the project that was analyzed in the Mitigated Negative Declaration, and therefore it can be seen with certainty that there is no possibility that the approval of the agreements will have a significant effect on the Environment. Accordingly, the approval proposed Subordination Agreement and the changes proposed to be made to the Ground Lease and Regulatory Agreements is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines; and (2) Approve a Subordination Agreement and amendments to the Ground Lease Agreement and Regulatory Agreement by and between the City of Vernon and Meta Housing Corporation. 3. A Resolution of the City Council of the City of Vernon repealing Resolution No. 7002 and authorizing the Director of Community Services and Water to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the Municipal National Pollutant Discharge Elimination System (NPDES) permit and any NPDES permit related document which pertains to the City of Vernon and on the City of Vernon’s behalf, and authorizing the Regular City Council Meeting Agenda March 4, 2014 Page 5 of 7 Director of Light & Power to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the general construction activities stormwater NPDES permit as it relates to the Light & Power Department projects which pertain to the City of Vernon and on the City of Vernon’s behalf. Recommendation: (1) Find that this action 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 pursuant to Guidelines Section 15308, because the proposed action is to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment; and (2) Authorize the Director of Community Services and Water to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the Municipal National Pollutant Discharge Elimination System (“NPDES”) Permit and any NPDES Permit related document which pertains to the City of Vernon and on the City of Vernon’s behalf; and (3) Authorize the Director of Light and Power to sign, certify, and electronically submit permit registration documents, notices of termination, and any other documents, reports, or information required by the General Construction Activities Stormwater NPDES Permit as it relates to Light and Power Department projects which pertain to the City of Vernon and on the City of Vernon’s behalf. Light & Power Department 4. Approval of License Renewal Agreement between the City of Vernon and Southern California Edison. Recommendation: (1) Find that the approval requested is exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301(b), because the proposed action involves the leasing of an existing public utility services facility and involves negligible or no expansion of the existing use; and (2) Authorize the City Administrator to enter into a license renewal agreement between the City of Vernon and Southern California Edison (“SCE”) in substantially the same form as submitted, for a five-year period in an amount not to exceed $1,740.00. Regular City Council Meeting Agenda March 4, 2014 Page 6 of 7 5. Approving the Issuance of a Notice Inviting Bids for Manufacturers and Distributors of Electric System Medium Voltage 15KV Underground Cable. Recommendation: (1) Find that approval of the proposed issuance of a Notice Inviting Bid 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, whereas the cable referenced herewith merely replaces older cable and improves electrical system efficiency and reliability in Vernon; and (2) Approve the issuance of a Notice Inviting Bids entitled “Furnish and Deliver Medium Power Voltage Underground Cable Single Conductor Tree-Retardant Cross-Linked-Polyethylene 220 MIL, 133% Insulated, Shielded, Concentric Neutral, Medium Voltage Power Aluminum Cables Rated 7 Through 17 KV” in essentially the form of bid attached to the Staff Report. Staff estimates that the total purchase price will be less than $320,000, but the exact price will, of course, depend on bids actually received. 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. NOTIFICATION BEFORE CLOSED SESSION 1. In advance of closed session, public identification of real property negotiator, real property which the negotiations may concern, and the person(s) with whom its negotiators may negotiate. / / / / / / / / / Regular City Council Meeting Agenda March 4, 2014 Page 7 of 7 CLOSED SESSIONS 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 5119, 5201 and 5241 District Boulevard and 4601 East 52nd Drive Agency negotiator: Alex Kung Negotiating parties: Pacific Industrial, Inc. Under negotiation: Price and terms of payment 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 27th day of February 2014. By: ________________________________ Ana Barcia Deputy City Clerk