2014-05-20 City Council Agenda Packet (Special and 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.
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AGENDA
CITY OF VERNON
REGULAR CITY COUNCIL MEETING
TUESDAY, MAY 20, 2014,
COUNCIL CHAMBER
4305 SANTA FE AVENUE
VERNON, CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
(BUDGET STUDY SESSION)
7:30 A.M.
REGULAR CITY COUNCIL PUBLIC MEETING
9:00 A.M. OR AS SOON THEREAFTER AS THE
SPECIAL CITY COUNCIL MEETING IS ADJOURNED
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 7:30 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 (Budget Study Session), only.
BUDGET STUDY SESSION
1. Review of proposed budgets for fiscal year 2014-2015 for the
following departments:
Gas and Electric Department
Public Works, Water and Development Services Department
Special and Regular City Council Meeting Agenda
May 20, 2014
Page 2 of 10
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
April 2014 Anniversary
Employee Name Job Title Years
1. Eric Anderson Warehouse Worker 20
2. The Police Department will conduct a presentation on the annual Drug
Abuse Resistance Education (D.A.R.E.) essay awards for the Vernon
Elementary School students that participated in the program.
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. 695, totaling
$2,419,633.01, which covers the period of March 9, through April 5,
2014, and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling
$1,779,895.30; and
b. Checks and electronic fund transfers totaling $639,737.71.
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May 20, 2014
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3. Approval of City Warrant Register No. 1400, totaling $1,111,496.32,
which covers the period of April 29, through May 12, 2014, and
consists of the following:
a. Ratification of wire transfers totaling $876,884.95; and
b. Ratification of the issuance of early checks totaling
$143,996.41; and
c. Authorization to issue pending checks totaling $90,614.96.
4. Approval of Light & Power Warrant Register No. 365, totaling
$1,165,028.49, which covers the period of April 29, through May 12,
2014, and consists of the following:
a. Ratification of wire transfers totaling $776,276.49; and
b. Ratification of the issuance of early checks totaling
$171,951.97; and
c. Authorization to issue pending checks totaling $216,800.03.
5. Approval of Gas Warrant Register No. 153, totaling $177,938.54,
which covers the period of April 29, through May 12, 2014, and
consists of the following:
a. Ratification of wire transfers totaling $176,129.76; and
b. Ratification of the issuance of early checks totaling $1,808.78.
Fire Department
6. Motorola Right of Entry Permit between the City of Vernon and
Motorola Solutions, Inc. for site surveying and
geotechnical/geological site surveying and sampling work.
Recommendation:
(1) Find that approval of the proposed Motorola Right of Entry
Permit between the City of Los Angeles and the City of Vernon is
exempt under the California Environmental Quality Act (“CEQA”),
because Public Resources Code § 21080.25 grants the Los Angeles
Regional Interoperable Communications System (“LA-RICS”) project
a statutory CEQA exemption through January 1, 2017. In
addition, the Right of Entry Permit is exempt because it does
not represent any City commitment to a definite course of action
or project approval within the meaning of CEQA (Cal. Code Regs.,
tit.14, § 15352(a)), and in accordance with Cal. Code Regs.,
tit. 14, § 15262, the exemption holding that conduct of
feasibility or planning studies do not require CEQA review; and
(2) Authorize the execution of a Permit between the City of Vernon
and Motorola Solutions, Inc., in substantially the same form as
submitted, for the purpose of conducting site surveying and
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May 20, 2014
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geotechnical/geological site surveying and sampling work, as
part of the architectural and design work for the Los Angeles
Regional Interoperable Communications System Authority's ("LA-
RICS Authority") LTE and PSBN projects.
7. Activity Report for the period of April 16, through April 30, 2014,
to be received and filed.
Gas and Electric Department
8. Base Contract with Anahau Energy for Sale and Purchase of Natural
Gas (the “NAESB Contract”).
Recommendation:
(1) Find that the requested approval 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 Director of Gas & Electric to execute the North
American Energy Standards Board (“NAESB”) contract by and
between the City of Vernon (“City”) and Anahau Energy, Inc. in
substantially the same form as attached to the staff report, for
the purpose of buying and selling natural gas to or from Anahau
Energy, in compliance with the general terms established in the
agreement. It is further recommended that the City Council find
that, pursuant to Vernon Municipal Code § 2.17.12(A)(6),
competitive bidding is not required because these are contracts
for gas and/or electrical power for the city’s power utility,
and that it would be commercially unreasonable to procure the
gas or electricity through standard bidding or request for
proposal procedures.
9. Base Contract with Iberdrola Energy Holdings, LLC for Sale and
Purchase of Natural Gas (the “NAESB Contract”).
Recommendation:
(1) Find that the requested approval 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 Director of Gas & Electric to execute the North
American Energy Standards Board (“NAESB”) contract by and
between the City of Vernon (“City”) and Iberdrola Energy
Holdings, LLC (“Iberdrola”), in substantially the same form as
attached to the staff report, for the purpose of buying and
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May 20, 2014
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selling natural gas to or from Iberdrola, in compliance with the
general terms established in the agreement. It is further
recommended that the City Council find that, pursuant to Vernon
Municipal Code § 2.17.12(A)(6), competitive bidding is not
required because these are contracts for gas and/or electrical
power for the city’s power utility, and that it would be
commercially unreasonable to procure the gas or electricity
through standard bidding or request for proposal procedures.
10. February 2014 Light and Power Resource Procurement Report, to be
received and filed.
Health and Environmental Control Department
11. A Proclamation of the Mayor and the City Council of the City of
Vernon Declaring the Month of May 2014 as “CalFresh Awareness
Month.”
12. March 2014 Monthly Report, to be received and filed.
Police Department
13. Activity Log and Statistical Summary of Arrest and Activities for
the period of April 16, through April 30, 2014, to be received and
filed.
Public Works, Water and Development Services Department
14. Approval of Notice Inviting Bids for Contract CS-0448, Refuse
Collection, Recycling and Disposal Services.
Recommendation:
(1) Find that approval of the Notice Inviting Bids, per Contract CS-
0448 for Refuse Collection, Recycling and Disposal Services is
exempt under the California Environmental Quality Act (“CEQA”)
in accordance with (a) Section 15061 (b)(3), the general rule
that CEQA only applies to projects that may have an effect on
the environment and (b) Section 15301, because the proposed
contract is simply the maintenance of existing facilities by
removing refuse from those facilities, and there would be no
expansion of use beyond that currently existing, and
(2) Approve the Notice Inviting Bids per Contract CS-0448 for Refuse
Collection, Recycling and Disposal Services.
15. Request for Approval to Advertise Contract No. CS-0421: 55th Street
Storm Drain Improvements.
Special and Regular City Council Meeting Agenda
May 20, 2014
Page 6 of 10
Recommendation:
(1) Find that the proposed Capital Improvement Project at 55th
Street is categorically exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15303, New Construction or Conversion of
Small Structures, part (d), because the project is merely to
construct a new storm drain system; and
(2) Approve the contract and grant authority to advertise for bids
for the 55th Street Storm Drain Improvements Project, Contract
No. CS-0421 based upon the City’s standard public works bidding
package.
16. Bid Award for Contract No. CS-0438: Elevated Tank Standpipe Repair.
Recommendation:
(1) Find that the proposed Elevated Tank Standpipe Repair 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
(2) Accept the bid from Premier Tank Company, as the lowest
responsive and responsible bidder and authorize the City
Administrator to enter into a contract (in substantially the
same form submitted), not to exceed $18,375.00, for the Elevated
Tank Standpipe Repair, Contract No. CS-0438. Premier Tank
Company was the only bid received in response to the
solicitation for bids.
17. Building Department Report for the month of March 2014, to be
received and filed.
NEW BUSINESS
Gas and Electric Department
1. Award of Bid and Purchase Contract to V-Bar, LLC for Meteorological
Data Collection Services.
Recommendation:
(1) Find that awarding the bid as outlined in the staff report 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 pursuant to CEQA Guidelines
section 15306, because the work merely involves data collection
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May 20, 2014
Page 7 of 10
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 award a contract to V-Bar,
LLC, in substantially the same form as attached to the staff
report, for the purpose of securing meteorological data
collection services. V-Bar, LLC was the only responding party
to the Request for Proposals (RFP) issued by the City on March
27, 2014. The contract for V-Bar’s services proposes a three
year term with a “not-to-exceed” cost of $72,000 per 12 month
period, for a grand amount “not-to-exceed” $216,000 over the
term of the contract. The contract would be effective starting
July 1, 2014. It is further recommended that the City Council
find that any deviations from the standard RFP posting practices
in this particular instance were immaterial, and in no way
detrimentally affected any potential bidder; but even if this
were not the case, pursuant to Vernon Municipal Code
2.17.12(B)(2), “the best interests of the city are served by a
direct award of the contract without a competitive selection
process.”
Police Department
2. Approve Agreement Amendment for Inmate Housing Services.
Recommendation:
(1) Find that the proposed contract amendment authorization is
exempt from the California Environmental Quality Act (“CEQA”),
pursuant to 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 Mayor to execute the contract amendment to the
City’s existing agreement for inmate housing services with the
Huntington Park Police Department, in substantially the same
form as submitted, to extend the existing contract through June
30, 2015. All terms and conditions outlined in the current
agreement that are not specified in the amendment would remain
unchanged.
Public Works, Water and Development Services Department
3. Amendment No. 3 to the Services Agreement between the City of Vernon
and Cannon Corporation for Engineering Design and Construction
Support Services.
Recommendation:
(1) Find that the proposed Amendment No. 3 to the Services Agreement
between the City of Vernon and Cannon Corporation for the
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May 20, 2014
Page 8 of 10
Engineering Design and Construction Support Services for Well
21, 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
(2) Approve Amendment No. 3 extending the Services Agreement between
the City of Vernon and Cannon Corporation for the Engineering
Design and Construction Support Services for Well 21, effective
June 4, 2014 through December 31, 2015. It is further
recommended that the City Council find that, consistent with
Vernon Municipal Code 2.17.30, this professional services
contract does not need to be rebid because it would be
“commercially unreasonable” to rebid this contract; the
additional requested spending authority is only $4,300, and
rebidding the contract would not make economic sense given that
most of the design work has already been accomplished.
4. Amendment No. 2 to the Kronick Moskovitz Tiedemann & Girard
Agreement for legal services related to the housing development
project.
Recommendation:
(1) Find that approval of the proposed amendment to the Kronick
Moskovitz Tiedemann & Girard 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
(2) Authorize the Mayor to execute a second amendment to the Kronick
Moskovitz Tiedemann & Girard Agreement dated November 20, 2012,
increasing the maximum fees by $15,000 for a total not-to-exceed
cost of $110,000, and to extend the term of the contract for a
little over 7 months beyond the existing maximum of three years.
The original contract was the result of an advertised,
competitive selection process and anticipated additional
services on this housing project such as those to be secured
through this amendment. It is further recommended that, to
allow the contract to be extended beyond the existing three year
period, the City Council find that, pursuant to section 2.17.30
of the Municipal Code it would be “commercially unreasonable” to
rebid this contract for professional services.
5. Approve the Memorandum of Agreement for the Coordinated Monitoring
Plan of the Los Angeles River and Tributaries Metals Total Maximum
Daily Load.
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May 20, 2014
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Recommendation:
(1) Find that the proposed Memorandum of Agreement (MOA) with
Gateway Cities Council of Governments (GCCOG) regarding the
administration and cost sharing of the Coordinated Monitoring
Plan (CMP) for the Los Angeles River and Tributaries Metals
Total Maximum Daily Load (TMDL) 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) Enter into an MOA with GCCOG for monitoring, administration and
cost sharing of the CMP for the Los Angeles River and
Tributaries Metals TMDL and authorize the Mayor to execute the
MOA.
ORDINANCES
1. Ordinance No. 1221 - An Ordinance of the City Council of the City of
Vernon amending Article IV of Chapter 2 of the Vernon Municipal Code
and repealing all ordinances or parts of ordinances in conflict
therewith. (second reading)
Recommendation:
(1) Find that (a) approval of the ordinance is not a “project” under
the California Environmental Quality Act (“CEQA”), because CEQA
Guidelines Section 15378(b) excludes “continuing administrative
or maintenance activities, such as purchases for supplies . . .
and general policy and procedure making” from the definition of
CEQA; and (b) even if it were a project, it would be exempt in
accordance with CEQA Guidelines Section 15061(b), the general
rule that CEQA only applies to projects that may have an effect
on the environment; and
(2) Adopt the proposed Ordinance to amend Article IV of Chapter 2 of
the Vernon Municipal Code, entitled, “Competitive Bidding and
Purchasing Ordinance”, to thereby increase efficiencies and
public accountability. It is further recommended that the City
Council be reminded that Vernon’s Independent Reform Monitor,
Mr. Van De Kamp, recommended that “the City review compliance
with the Competitive Bidding and Purchasing Ordinance no later
than June 30, 2014 to determine its effectiveness and whether
any changes need to be made.”
2. Ordinance No. 1222 - An Ordinance of the City Council of the City of
Vernon amending Article XIX, Sections 2.145, 2.146, 2.147, 2.147.1,
2.148 and 2.149 of Chapter 2 of the Vernon Municipal Code relating
to the Sustainable Development and Energy Efficiency Commission
(first reading)
Special and Regular City Council Meeting Agenda
May 20, 2014
Page 10 of 10
Recommendation:
(1) The City Council find the proposed ordinance is a purely
administrative function that is not a project within the meaning
of the California Environmental Quality Act (“CEQA”). Further,
even if it were subject to CEQA, it would be exempt 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) The City Council hold the first reading of the proposed
ordinance to amend Article XIX, sections 2.145, 2.146, 2.147,
2.147.1, 2.148 and 2.149 of the Vernon Municipal Code, to, among
other things, rename the “Sustainable Development and Energy
Efficiency Commission” to the “Green Vernon Commission” and to
revise the terms of office of the Commission members.
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.
CLOSED SESSIONS
1. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa McAllister
Employee Organizations: Vernon Police Management Association
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 15th day
of May 2014.
By: ________________________________
Ana Barcia
Deputy City Clerk