2014-04-15 City Council Agenda Packet (updated 04-14-14)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.
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AGENDA
CITY OF VERNON
REGULAR CITY COUNCIL MEETING
TUESDAY, APRIL 15, 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 Elect
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.
ELECTION MATTERS
1. A Resolution of the City Council of the City of Vernon, California,
reciting the fact of the General Municipal Election held on April 8,
2014, declaring the results and such other matters as provided by
law.
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April 15, 2014
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Recommendation:
(1) Find that approval of the Resolution 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 this is
merely an administrative item; and
(2) Adopt a Resolution declaring the results of the General
Municipal Election held April 8, 2014, declaring that Luz
Martinez is elected to the office of member of the City Council.
2. Certificate of Election.
3. Oath (Affirmation) of Office.
4. Election of Mayor, and Election of Mayor Pro-Tem.
Recommendation:
(1) Find that the elections of the Mayor and the Mayor Pro Tempore
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 as this is merely an administrative item; and
(2) Elect one of its members as Mayor; and
(3) Elect one of its members as Mayor Pro Tempore.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards
March 2014 Anniversary
Employee Name Job Title Years
1. Michael DeFrank Project Engineer 30
2. Robert Farrell Fire Engineer 15
3. Anthony Fish Fire Engineer 15
4. Matthew Holtzendorff Firefighter 15
5. Chadrick McGovney Firefighter/Paramedic 15
6. Derek Meyer Firefighter 15
7. Michael Pinnere Fire Engineer 15
8. Andrew Smith Firefighter/Paramedic 15
9. Norman Sutherlin Firefighter 15
10. Bryan Woodruff Firefighter/Paramedic Coordinator 5
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April 15, 2014
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2. A Proclamation of the Mayor and the City Council of the City of
Vernon commending Ben R. Busse for his many years of service to the
City of Vernon.
3. Informational presentation by Fire Department on the Children’s
Hospital of Los Angeles blood drive and the St. Baldrick’s
Foundation head shaving benefit event to support childhood
illnesses.
4. The Police Department will conduct a presentation on Part 1 crime
and arrest statistics for the period of 2010-2013.
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. Approval of City Payroll Warrant Register No. 694, totaling
$2,402,876.57, which covers the period of February 9, through March
8, 2014, and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling
$1,760,305.05; and
b. Checks and electronic fund transfers totaling $642,571.52.
3. Approval of City Warrant Register No. 1398, totaling $4,546,820.48,
which covers the period of March 25, through April 7, 2014, and
consists of the following:
a. Ratification of wire transfers totaling $4,430,651.97; and
b. Ratification of the issuance of early checks totaling
$60,362.65; and
c. Authorization to issue pending checks totaling $55,805.86.
4. Approval of Light & Power Warrant Register No. 363, totaling
$5,361,932.63, which covers the period of March 25, through April 7,
2014, and consists of the following:
a. Ratification of wire transfers totaling $5,347,983.35; and
b. Ratification of the issuance of early checks totaling
$13,328.36; and
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April 15, 2014
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c. Authorization to issue pending checks totaling $620.92.
5. Approval of Gas Warrant Register No. 151, totaling $2,676,564.57,
which covers the period of March 25, through April 7, 2014, and
consists of the following:
a. Ratification of wire transfers totaling $2,670,424.91; and
b. Ratification of the issuance of early checks totaling $367.61;
and
c. Authorization to issue pending checks totaling $5,7772.05.
City Administration Department
6. A Resolution of the City Council of the City of Vernon amending
exhibit A of Resolution No. 2013-57 regarding the compensation,
costs and benefits of its employees (“Citywide Personnel and Salary
Resolution”) (Amendment No. 4).
Recommendation:
(1) Find that approval of the proposed Amendment No. 4 to the
Citywide Personnel and Salary Resolution No. 2014-07, 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 amending Exhibit A -
Classification and Compensation Plan, of the Citywide Personnel
and Salary Resolution as a result of City Council’s March 18,
2014 adoption of the Citywide classification study conducted by
Public Sector Personnel Consultants (“PSPC”) to: (a) establish
the City Attorney salary range at $202,572 - $252,000, (b)
delete the Administrative Secretary (Gas & Electric) position,
and (c) reclassify the incumbent Secretary to Director of Light
& Power to Administrative Secretary.
Community Services and Water Department
7. Building Department Report for the month of March 2014, to be
received and filed.
Fire Department
8. Activity Report for the period of March 16, through March 31, 2014,
to be received and filed.
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April 15, 2014
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Health and Environmental Control Department
9. March 2014 Monthly Report, to be received and filed.
Light and Power Department
10. January 2014 Light and Power Resource Procurement Report, to be
received and filed.
Police Department
11. Activity Log and Statistical Summary of Arrest and Activities for
the period of March 16, through March 31, 2014, to be received and
filed.
NEW BUSINESS
City Administration Department
1. Standard Offer, Agreement and Escrow Instructions for Purchase of
Real Estate by and between the City of Vernon and Pacific
Industrial, LLC for property located at 5119, 5201, 5241 District
Boulevard and 4601 East 52nd Drive and Termination of Existing
related agreements with Bel Air Atlantic, LLC.
Recommendation:
(1) Find that approval of the Amendments 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) Approval to terminate the agreement with Bel Air Atlantic, LLC,
originally approved via Resolution No. 2012-223 on November 20,
2012; and
(3) Adopt a resolution approving the Standard Offer, Agreement and
Escrow Instructions for Purchase of Real Estate for the property
located at 5119, 5201 and 5241 District Boulevard and 4601 East
52nd Drive.
2. A Resolution of the City Council of the City of Vernon amending
exhibit A of Resolution No. 2013-57 regarding the compensation,
costs and benefits of its employees (“Citywide Personnel And Salary
Resolution”) (Amendment No. 5).
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April 15, 2014
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Recommendation:
(1) Find that approval of the proposed Amendment No. 5 to the
Citywide Personnel and Salary Resolution, 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 amending Exhibit A –
Classification and Compensation Plan, of the Citywide Personnel
and Salary Resolution to add a new job classification and salary
range for a Public Housing Property Coordinator; and
(3) Approve the job description for the Public Housing Property
Coordinator; and
(4) Approve a part-time position allocation change in the City of
Vernon Finance Department’s staffing.
City Clerk Department
3. A Resolution of the City Council of the City of Vernon appointing
the City’s representative and alternate representative to the 2014
General Assembly of Southern California Association of Governments.
Recommendation:
(1) Find that approval of the Resolution 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) Appoint from the City Council one representative and one
alternate representative to the Southern California Association
of Governments (“SCAG”) 2014 General Assembly; and
(3) Approve the resolution memorializing said appointments.
Community Services and Water Department
4. Approval of Notice Inviting Bids for Contract CS-0437 – Supply and
Install Submersible Pump Motor and Pump Unit at Production Well No.
16.
Recommendation:
(1) Find that approval of the Notice Inviting Bids, per Contract CS-
0437 to Supply and Install Submersible Pump Motor and Pump Unit
at Production Well No. 16, is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301, subsections (b) and (d), because the
project involves negligible or no expansion of use beyond that
existing at the lead agency’s determination; and
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April 15, 2014
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(2) Approve the Notice Inviting Bids, per Contract CS-0437 to Supply
and Install Submersible Pump Motor and Pump Unit at Production
Well No. 16.
Light & Power Department
5. Amendment to Existing Contract with V-Bar, LLC to provide Wind
Analysis Services.
Recommendation:
(1) Find that approving the recommended contract amendment is exempt
under the California Environmental Quality Act (“CEQA”) in
accordance with CEQA Guidelines Section 15306, the section that
exempts “basic data collection, research, experimental
management, and resource evaluation activities which do not
result in a serious or major disturbance to an environmental
resource”; and
(2) Authorize the City Administrator to approve an amendment to the
existing contract between V-Bar, LLC and the City to add $20,000
to the total “not-to-exceed” amount, to extend the term of the
Agreement to June 30, 2014; and to authorize a $20.00 per hour
rate increase for services provided since March 1, 2014 and
through June 30, 2014. It is further recommended that the City
Council find that because the contract is only to be extended
through June 30, 2014, and the expenditure will not exceed
$20,000, pursuant to sections § 2.17.12(B)(2) and § 2.17.30(B),
it would be “commercially unreasonable” to rebid the contract
and that the “best interests of the city are served by a direct
award of the contract without a competitive selection process.”
6. Request for Approval of CH2M Hill Engineers, Inc. Amendment No. 1 to
Master Service Agreement (MSA) Approved by Resolution No. 9866.
Recommendation:
(1) Find that the approval requested is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301(b), the general rule that CEQA only
applies to projects that may have an effect on the environment;
and
(2) Authorize the City Administrator to approve an amendment to the
Master Services Agreement between the City of Vernon and CH2M
Hill Engineers, Inc., in a form substantially similar to the
agreement presented at this meeting. The contract would extend
the existing contract through June 30, 2014 to allow for the
completion of the three outstanding task orders itemized within
the staff report, and to allow time to complete the Request for
Proposals (RFP) process. All terms and conditions outlined in
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April 15, 2014
Page 8 of 11
the current agreement that are not specified in the staff report
would remain unchanged. It is further recommended that the City
Council find that “the best interests of the City are served by
a direct award of the contract without a competitive selection
process”; and that it would be “commercially unreasonable” for
the City to rebid this contract.
7. Request for Approval of Additional Fund Allocation for CH2M Hill
Engineers, Inc. Contract Task Order No. 2012-02 (Contract No. LP-
0163).
Recommendation:
(1) Find that the approval requested is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301(b), the general rule that CEQA only
applies to projects that may have an effect on the environment;
and
(2) Authorize the City Administrator to approve an amendment to
existing Task Order No. 2012-02 (Contract No. LP-0163), in a
form substantially similar to the contract presented at this
meeting. This approval would thereby increase the maximum staff
is authorized to expend from $128,000 to $159,124, and confirm
the extension of the Task Order through June 30, 2014.
Joint Human Resources Department and City Attorney Department
8. A Resolution of the City Council of the City of Vernon approving and
authorizing the execution of an Amendment No. 1 to the At-Will
Employment Agreement by and between the City of Vernon and Mark
Whitworth.
Recommendation:
(1) Find that approval of the proposed resolution approving
Amendment No. 1 to the At-Will Employment Agreement with Mark
Whitworth 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 a resolution approving Amendment No. 1 to the At-Will
Employment Agreement between the City of Vernon and Mark
Whitworth for the period of December 30, 2012 through December
31, 2014, to provide said employee the option of receiving
either a car allowance or, instead, utilizing a City vehicle,
and authorize the Mayor to execute said amendment.
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April 15, 2014
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ORDINANCES
1. Ordinance No. 1219 - An Ordinance of the City Council of the City of
Vernon, California, amending Section 2.69-1 of Article X of Chapter
2 of the Vernon Municipal Code, and repealing or amending all
Ordinances or parts of ordinances in conflict therewith (second
reading)
Recommendation:
(1) Find that approval of the proposed Ordinance to amend the City
Municipal Code reflecting such revisions in the Staff Report
dated April 1, 2014, and the Staff Report dated March 18, 2014,
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) Adopt the Ordinance amending Section 2.69-1 of Chapter 2 of the
Vernon Municipal Code reflecting the revisions to the City of
Vernon classification plan and current City organizational
structure.
2. Ordinance No. 1220 - An Ordinance of the City Council of the City of
Vernon, California, amending the titles of Article V and sections
28.45, 28.46, 28.47, 28.48, and 28.49 of Chapter 28 of the Vernon
Municipal Code, adding sections 28.50 and 28.51 thereto regarding
the voluntary merger of parcels under common ownership and lot line
adjustments, and making non-substantive revisions to municipal code
sections 28.45, 28.47, 28.48 to clarify the title of the Director of
Public Works, Water and Development Services (second reading)
Recommendation:
(1) Find that adoption of this Ordinance is exempt from the
environmental review requirements of the California
Environmental Quality Act (“CEQA”) for the reasons set forth
within the ordinance, including that it is exempt pursuant to
CEQA Guidelines pursuant to Sections 15061(b)(3), 15305, and
15315 of Title 14 of the California Code of Regulations, because
merely changing administrative procedures cannot have an effect
on the environment; and
(2) Adopt the proposed Ordinance amending the Titles of Article V
and Sections 28.45, 28.46, 28.47, 28.48, and 28.49 of Chapter 28
of the Vernon Municipal Code, adding sections 28.50 and 28.51
thereto regarding the voluntary merger of parcels under common
ownership and lot line adjustments, and making non-substantive
revisions to Municipal Code sections 28.45, 28.46 and 28.47 to
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April 15, 2014
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clarify the title of the Director of Public Works, Water and
Development Services.
DISCUSSION ITEMS AND POSSIBLE DIRECTIVES TO STAFF
1. Report from the Director of Community Services and Water on the 2013
Traffic Collision Review.
Recommendation:
(1) Find that the acceptance of the enclosed 2013 Traffic Collisions
Review is categorically exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section
15306 (Class 6) which consists of basic data collection,
research, experimental management and resource evaluation
activities which do not result in a serious or major disturbance
to an environmental resource because acceptance of the report is
merely accepting completed research; and
(2) Accept the 2013 Traffic Collisions Review for its records.
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.
ORAL REPORTS
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (6)
Government Code Section 54956.9(d)(1)
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
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April 15, 2014
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Bruce Malkenhorst, Sr. v. State of California, et al.
United States District Court Case No. SACV14-00269
Jurupa Avenue Limited Partnership v. City of Vernon, et al.
Los Angeles Superior Court Case No. BC516913
Ortiz v. Los Angeles County Metropolitan Transportation Authority,
et al.
Los Angeles County Superior Court Case No. BC525587
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 April 2014.
By: ________________________________
Ana Barcia
Deputy City Clerk