2014-06-17 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.
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AGENDA
CITY OF VERNON
REGULAR CITY COUNCIL MEETING
TUESDAY, JUNE 17, 2014,
COUNCIL CHAMBER
4305 SANTA FE AVENUE
VERNON, CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
(CLOSED SESSION AND 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 (Closed Session and Budget Study Session), only.
/ / /
/ / /
/ / /
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 2 of 19
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation pursuant to Gov’t Code Section
54956.9(d)(4): 1 potential case.
2. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa
McAllister, and Paul Coble
Employee Organizations: Vernon Police Officers’ Benefit
Association, Vernon Firemen's Association, Vernon Fire Management
Association, Teamsters Local 911, and International Brotherhood of
Electric Workers Local 47.
BUDGET STUDY SESSION
1. Review of proposed budgets for fiscal year 2014-2015 for the
following departments:
City Council
City Administration
Human Resources
City Housing
Successor Agency
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.
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 3 of 19
PRESENTATIONS
1. Personnel Matters - Service Pin Awards
May 2014 Anniversary
Employee Name Job Title Years
1. Miguel Hernandez Police Officer 5/4/09
PUBLIC HEARINGS
1. Public hearing to consider the rate adjustment of the Public Safety
Special Parcel Tax for fiscal year 2014-2015 pursuant to Section
5.46(d)(2) of the Vernon Municipal Code.
A Resolution of the City Council of the City of Vernon determining
the public safety special parcel tax for fiscal year 2014-2015.
Recommendation:
(1) Find that adoption of the proposed resolution is not a “project”
pursuant to section 15378(b)(4) of the Guidelines to the
California Environmental Quality Act (“CEQA”) because it relates
to a governmental funding mechanism that does not involve any
commitment to any specific project; and even if adoption of the
resolution were a project, it would be exempt from 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 setting the Public Safety Special Parcel Tax
for fiscal year 2014-2015 at $.0303 per square foot of taxable
parcel area and submitting the public safety special parcel tax
list to the Los Angeles County Auditor Controller’s Office.
2. Public hearing to consider GeoGreen Biofuels, Inc.’s request for an
amendment to the existing conditional use permit to allow the
installation of additional processing equipment and storage tanks.
A Resolution of the City Council of the City of Vernon approving a
modification of conditional use permits formerly approved by
Resolution No. 9195 and 9614 for GeoGreen Biofuels, Inc., formerly
known as Green Star Biofuels, LLC, dba GeoGreen Biofuels, located at
6011 and 6017 Malburg Way.
Recommendation:
(1) Find that approval of the proposed Conditional Use Permit
(“CUP”) amendment is categorically exempt under the California
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 4 of 19
Environmental Quality Act (“CEQA”) in accordance with California
Code of Regulations Title 14, Chapter 3, Class 1, Section 15301
because no physical changes other than interior improvements
will occur and no significant impacts to the environment will
occur as a result of the issuance of the CUP amendment; and
(2) Adopt a resolution approving a modification to conditional use
permits that were approved by Resolution No. 9195 and 9614 to
allow GeoGreen Biofuels, Inc. (GeoGreen) to operate an existing
recycling facility, subject to the conditions of approval for
the property located at 6011 & 6017 Malburg Way.
3. Public hearing to consider Jia Hui Resources, LLC’s request for a
conditional use permit to operate an indoor recycling facility.
A Resolution of the City Council of the City of Vernon approving a
conditional use permit for Jia Hui Resources, LLC to operate a
recycling facility located at 4726 Everett Court.
Recommendation:
(1) Adopt a resolution that, among other things: (a) approves a
conditional use permit to allow a recycling facility to be
operated at 4726 Everett Court, subject to conditions of
approval; and (b) adopts a Negative Declaration finding that the
project will not have a significant impact on the environment
within the meaning of the California Environmental Quality Act.
4. Public hearing to consider the adoption of the General Fee Schedule
for Services Provided by the City.
A Resolution of the City Council of the City of Vernon approving and
adopting a General Fee Schedule.
Recommendation:
(1) Adopt the resolution for the General Fee Schedule for the Fiscal
Year 2014-15. The implementation of the General Fee Schedule as
recommended by the independent consulting firm, Capital
Accounting Partners, follows best practices by maintaining
fiscal responsibility and stability through a better matching of
services costs with fees being charged. The resolution, among
other things, finds that the approval of the resolution is not
subject to the California Environmental Quality Act (“CEQA”)
pursuant to Guidelines section 15273, and that even if it were,
it would be exempt pursuant to section 15061(b)(3), the general
rule that CEQA only applies to projects that may have an effect
on the environment.
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 5 of 19
5. Public hearing to consider the approval of adjustments to retail
electric rates.
A Resolution of the City Council of the City of Vernon adopting
Electric Rate Schedules Nos. CS, D, GS-1, GS-2, LS-1, LS-2, OL-1,
PA-1, PA-2, PA-TOU, TC-1, TOU GS-1, TOU GS-2, TOU PA-1, TOU-D, TOU-
G, TOU-I and TOU-V.
Recommendation:
(1) Find that this action is not subject to the California
Environmental Quality Act (“CEQA”), in accordance with CEQA
Guidelines section 15273, because CEQA does not apply to “rates,
tolls, fares, and other charges by public entities”; and that
even if it were subject to CEQA, it would be exempt 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) Approve a resolution, which, among other things, adopts rate
schedules which include a 5% rate adjustment for electric
customers effective July 1, 2014.
6. Public hearing to consider the adoption of the Gann Governmental
Appropriation Limit.
A Resolution of the City Council of the City of Vernon adopting an
appropriation limit for the 2014-2015 fiscal year, pursuant to
Government Code Section 7910.
Recommendation:
(1) Find that adoption of the proposed Fiscal Year 2014-2015
Appropriation Limit 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) Establish the City’s Appropriation Limit for the Fiscal Year
2014-2015 in the amount of $988,993,313 based on the percentage
growth in the State Per Capita Personal Income and County
Population.
7. Public hearing to consider the approval of the proposed City-wide
budget.
A Resolution of the City Council of the City of Vernon approving a
budget for the fiscal year 2014-2015.
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 6 of 19
Recommendation:
(1) Find that adoption of the proposed resolution 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) Adopt the resolution approving the citywide balanced budget for
fiscal year 2014-2015, with estimated budgeted revenues of
$343,302,500 and expenditures of $343,302,500.
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. Claim for Damages received on June 9, 2014 from Jaime Andres Shuton
in the amount of $1,301.82.
Minutes
2. Minutes of the Special and Regular City Council Meeting held May 20,
2014, to be received and filed.
Warrant Registers
3. Approval of City Payroll Warrant Register No. 696, totaling
$3,768,019.18, which covers the period of May 1, through May 31,
2014, and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling
$2,815,633.47; and
b. Checks and electronic fund transfers totaling $952,385.71.
4. Approval of City Warrant Register No. 1402, totaling $1,143,002.43,
which covers the period of May 27, through June 9, 2014, and
consists of the following:
a. Ratification of wire transfers totaling $642,068.66; and
b. Ratification of the issuance of early checks totaling
$192,591.72; and
c. Authorization to issue pending checks totaling $308,342.05.
5. Approval of Light & Power Warrant Register No. 367, totaling
$1,218,059.43, which covers the period of May 27, through June 9,
2014, and consists of the following:
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 7 of 19
a. Ratification of wire transfers totaling $1,184,072.19; and
b. Ratification of the issuance of early checks totaling
$22,569.85; and
c. Authorization to issue pending checks totaling $11,417.39.
6. Approval of Gas Warrant Register No. 155, totaling $2,763,791.09,
which covers the period of May 27, through June 9, 2014, and
consists of the following:
a. Ratification of wire transfers totaling $2,755,238.47; and
b. Ratification of the issuance of early checks totaling $6,066.51;
and
c. Authorization to issue pending checks totaling $2,486.11.
City Administration Department
7. Report by City Administrator on Compliance With Vernon’s Conflict of
Interest Code Requirement that Consultants Be Required to File
Annual Statements of Economic Interests (Form 700) to be received
and filed.
8. 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. 8).
Recommendation:
(1) Find that approval of the proposed 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) Contingent upon City Council adoption of the Fiscal Year 2014-
2015 budget, adopt the resolution amending Exhibit A –
Classification and Compensation Plan, of the Citywide Personnel
and Salary resolution, to be effective July 1, 2014, to add the
following new job classifications with the corresponding salary
ranges: Executive Assistant to the City Administrator (C24 -
$5,492 - $6,675 – Confidential Group), Human Resources Assistant
(C17 - $3,903 - $4,744 – Confidential Group), Public Works
Foreman (M26 - $6,055 - $7,360 – Management Group), Facilities
Maintenance Worker (2380 - $2,609 - $3,231 – Teamsters
Miscellaneous Group), and Utilities Compliance Analyst (G27 -
$6,358 - $7,728 – Teamsters Miscellaneous Group).
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 8 of 19
9. Approval of the New Agreement with Reed & Davidson, LLP for Legal
Consulting Services Regarding City-Owned Housing, Political Reform
Act, Ralph M. Brown Act, Public Records Act, Elections and Related
Matters; and Exemption from Competitive Selection Process.
Recommendation:
(1) Find that approval of the proposed agreement 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) Authorize the City Administrator to execute the Attorney
Services Agreement with the law firm of Reed & Davidson, LLP for
legal consulting services regarding City-owned housing,
Political Reform Act, Ralph M. Brown, Public Records Act,
Elections Code and other municipal election laws and regulation,
and related matters, in substantially the same form as
submitted, in an amount not to exceed $75,000, for the term of
May 24, 2014 through June 30, 2015.
(3) 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. Competitive bidding is not required for
professional services contracts pursuant to Section
2.17.12(a)(10).
10. Request for Approval of Amendment No. 1 to the Attorney Services
Agreement by and between the City of Vernon and Law Offices of Jones
& Mayer to provide personnel and labor law attorney services.
Recommendation:
(1) Find that approval of the proposed contract amendment 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) Authorize the City Administrator to execute Amendment No. 1 to
the Attorney Services Agreement with the law firm of Jones &
Mayer, in substantially the same form as submitted herewith, to
provide personnel and labor law attorney services as needed.
City Clerk Department
11. Direction to Staff, Local Agencies, Boards, and Commissions
regarding Conflict of Interest Code.
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 9 of 19
Recommendation:
(1) Find that the proposed directives do not constitute a “project”
pursuant to section 15378(b)(2) of the Guidelines to the
California Environmental Quality Act (“CEQA”), because they
constitute administrative activities; and even if the directives
did constitute a project, it would be exempt from 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) Direct each board, agency, committee, and commission affiliated
with the City to review its Conflict of Interest Code, and to,
by October 1, 2014, either (a) submit proposed revisions to the
City Council, or (b) recommend that no revisions be made; and
(3) Direct staff to compile all proposed conflict of interest codes
into one Master Conflict of Interest Code to be presented for
City Council consideration.
Finance Department
12. Approval of Property and Casualty Insurance Placements for Fiscal
2014-15.
Recommendation:
(1) Find that allowing Aon Insurance Services, the City’s insurance
broker, to obtain insurance coverage on behalf of the City is
not a “project” within the meaning of the California
Environmental Quality Act (“CEQA”) and is exempt pursuant to
Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment.
(2) Authorize the City Administrator to bind the City for the annual
insurance coverage on or before the July 1, 2014 renewal date,
provided the total annual premiums to be paid shall not exceed
$1,035,703. This renewal is for excess liability insurance,
property, excess workers’ compensation, crime, pollution
liability, and environmental site liability coverage. Pursuant
to Vernon Municipal Code § 2.17.10(A)(8), contracts for
insurance are not subject to the city’s competitive bidding
requirements.
Fire Department
13. Activity Report for the period of May 16, through May 31, 2014, to
be received and filed.
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 10 of 19
Gas and Electric Department
14. Approval of the Upstream Internet Access Services Contract Renewal
with Level 3 Communications, LLC.
Recommendation:
(1) Find that approving the recommended contract amendment 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
of the environment; and
(2) Authorize the City Administrator to execute a three year
contract renewal with Level 3 Communications, LLC (“Level 3”)
“not-to-exceed” a total amount of $180,000 during the term
($60,000 annually, including taxes and fees) for the delivery of
a wholesale internet access circuit to the City’s internet
system, in a form substantially similar to that attached as
Exhibit A to the staff report. The proposed contract will
increase the city’s pre-tax monthly bill by $305, from $3,595 to
$3,900, and double transmission speeds from 100 Mbps to 200
Mbps. It is further recommended that the City Council find that
the contract is exempt from competitive bidding requirements
pursuant to Vernon Municipal Code § 2.17.12(A)(6) because this
is a contract for the acquisition or transmission of
telecommunications for the Gas & Electric Department and it
would be commercially unreasonable to procure these services
through standard bidding or request for proposal procedures,
given that that the city is already connected to Level 3’s
network, and switching carriers would be too expensive to be in
the city’s best interests.
15. Request for Approval of the Dutch, LLC Optical Fiber Use Agreement
No. 11.
Recommendation:
(1) Find that the approval is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15303(d) which exempts minor extensions of
utility services, and under Section 15061(b)(3), the general
rule that CEQA only applies to projects that may have an effect
on the environment because the proposal will not require any
construction, and the only physical change to the environment is
stringing a few hundred feet of fiber optic cabling (of roughly
½ inch in diameter) from existing utility poles onto private
property; and
(2) Approve Optical Fiber Use Agreement No. 11 with Dutch, LLC and
the related Short Form IRU-11.1 and IRU-11.2 Indefeasible Right
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 11 of 19
of Use Agreement. Upon approval, construction for the
implementation of an Optical Fiber Connection will commence.
16. Authorize the Award of Bids and Purchase Contracts to OneSource
(Southwire) and HD Supply Power Solutions, Ltd. (General Cable) for
Medium Voltage 15 KV Rated Underground Cable for the Gas & Electric
Department (Bid Specification #CA1-2014).
Recommendation:
(1) Find that approval of the proposed bid award issuance is not
subject to the California Environmental Quality Act (“CEQA”) in
accordance with Section 15273 because CEQA does not apply to
“purchasing or leasing supplies, equipment or materials;” and
that even if it were subject to CEQA, it would be exempt
pursuant to 15061(b)(3), the general rule that CEQA only applies
to projects that may have an effect on the environment because
the cable referenced will be used merely to replace existing
older cable; and
(2) Determine that the following companies were the lowest
responsive and responsible bidders for bid specification #CA1-
2014, relating to the purchase of medium voltage 15 KV rate
underground cable.
(a) OneSource (Southwire) for bid items 1, 2, 4, 5 and 6.
(b) HD Supply Power Solutions, Ltd (General Cable) for bid item
3.
(3) Authorize the Purchasing Department to issue purchase order
contracts as follows:
(a) OneSource (Southwire) for bid items 1, 2, 4, 5 and 6, in a
grand total amount not to exceed $388,898.
(b) HD Supply Power Solutions, Ltd (General Cable) for bid item
3, in a grand total amount not to exceed $59,640.
Health and Environmental Control Department
17. May 2014 Monthly Report, to be received and filed.
18. Approval of the Renewal Agreement with SEAACA for Animal Control
Services.
Recommendation:
(1) Find that approval 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
any effect on the environment; and
(2) Authorize the City Administrator to execute a new three year
agreement (with two optional one-year extensions) with the South
East Area Animal Control Authority (SEAACA) to provide animal
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 12 of 19
control services to the City on an as needed basis, provided the
contract is in a form substantially similar to that attached to
the staff report. The contract prohibits total expenditures
during the maximum 5 year term to exceed $120,000. The contract
is exempt from competitive bidding requirements pursuant to
Vernon Municipal Code § 2.17.12(A)(5) because the contract is
with SEACCA, a governmental entity.
19. A Resolution of the City Council of the City of Vernon approving and
ratifying the execution of an application for the 2014/2015
Hazardous Materials Emergency Preparedness Planning Grant.
Recommendation:
(1) Find that granting authority to submit and administer the
funding application and related documents at issue constitute
administrative activities that do not constitute a “project”,
and 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 a
significant effect on the environment; and
(2) Through the resolution, ratify and approve the action of the
Director of Health & Environmental Control in executing and
filing an Application to the California Office of Emergency
Services (Cal OES) for the 2014/2015 Hazardous Materials
Emergency Preparedness Planning Grant and authorizing the
Director of Health & Environmental Control to (1) execute any
and all documents, including but not limited to, applications
and agreements necessary for the purposes of securing funds and
(2) to receive and spend the funds for the Hazardous Materials
Emergency Preparedness Planning Grant.
20. A Resolution of the City Council of the City of Vernon approving and
authorizing the execution of an application for the 2014/2015 Used
Oil Payment Program.
Recommendation:
(1) Find that granting authority to submit and administer the
funding application and related documents at issue constitute
administrative activities that do not constitute a “project”,
and 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 a
significant effect on the environment; and
(2) Approve the resolution approving the execution of an application
for the 2014/2015 Used Oil Payment Program and authorizing the
Director of Health & Environmental Control to (1) submit the
Application and Certification to the Department of Resources
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June 17, 2014
Page 13 of 19
Recycling and Recovery “CalRecycle” for Used Oil Grant Funds for
FY 2014/2015 (OPP5), (2) execute any and all documents,
including but not limited to, applications and agreements
necessary for the purposes of securing funds and (3) to receive
and spend the funds for the Used Oil Payment Program.
Police Department
21. Activity Log and Statistical Summary of Arrest and Activities for
the period of May 16, through May 31, 2014, to be received and
filed.
Public Works, Water and Development Services Department
22. Building Department Report for the month of May 2014, to be received
and filed.
23. A Resolution of the City Council of the City of Vernon approving an
amendment to the Mitigated Negative Declaration Resolution No. 2013-
31 and approving a lot merger for the properties located at 4675
52nd Drive in the City of Vernon.
Recommendation:
(1) Amends the Mitigated Negative Declaration, Resolution No. 2013-
31 (“MND”); and
(2) As owners of the property:
(a) Authorizes the Mayor to sign and notarize the “Application
for a Request for a Voluntary Lot Merger and Waiver of Right
of Hearing and Notice,” and all other necessary documents to
merge the subject lots; and
(b) Authorizes the Director of Public Works, Water & Development
Services to execute a Certificate of Compliance for a Lot
Merger for property development purposes, and all other
necessary documents to merge the subject lots.
24. Bid Award to Supply and Deliver One New HAMM HDC VV Double Drum
Asphalt Roller and One New Zieman Trailer 1150-E Tilt Type.
Recommendation:
(1) Find that the Supply and Delivery of One New HAMM HDC VV Double
Drum Asphalt Roller and One New Zieman Trailer 1150-E Tilt Type
is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with California Code of Regulations,
Title 14, Section 15061 (b)(3), which provides that CEQA only
applies to projects that may have a significant effect on the
environment and the proposed purchase is for equipment only and
it can be seen with certainty that there is no possibility that
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 14 of 19
said purchase may have a significant effect on the environment;
and
(2) Accept the bid from NIXON-EGLI EQUIPMENT COMPANY, as the lowest
responsive bidder, not to exceed $52,951.11, for the Supply and
Delivery of One New HAMM HD10C VV Double Drum Asphalt Roller and
One New Zieman Trailer 1150-E Tilt Type. NIXON-EGLI EQUIPMENT
COMPANY was the only bid received in response to the
solicitation for bids.
25. Authorize the Bid Award for Contract No. CS-0454: To Supply and
Deliver Liquid Sodium Hypochlorite (12.5%).
Recommendation:
(1) Find the proposed service, to supply and deliver liquid sodium
hypochlorite (12.5%), is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with California
Code of Regulations, Title 14, Section 15061 (b)(3), the general
rule that CEQA only applies to projects that may have an effect
on the environment; and in the alternative, the project is
categorically exempt from CEQA pursuant to California Code of
Regulations, Title 14, Sections 15061(b)(2) and 15301 which
includes the operation and maintenance of the City’s existing
production wells and such exemption is not barred by any
exception set forth in Section 15300.2; and
(2) Accept the bid from Brenntag Pacific, Inc., as the lowest
responsive and responsible bidder and enter into a three year
contract, not to exceed $99,370.20, to supply and deliver liquid
sodium hypochlorite, Contract No. CS-0454.
26. Amendment No. 3 to the existing Services Agreement between the City
of Vernon and Consolidated Disposal Service, LLC for Refuse
Collection, Recycling, and Disposal Services.
Recommendation:
(1) Find that Amendment No. 3 extending the existing Services
Agreement between the City of Vernon and Consolidated Disposal
Service, LLC, for a period of three months, for Refuse
Collection, Recycling and Disposal Services, is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with
(a) CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA only applies to projects that may have an effect on the
environment and (b) Guidelines Section 15301, because the
proposed Amendment No. 3 involves the maintenance of existing
facilities with no expansion of the existing use; and
(2) Approve Amendment No. 3 extending the existing Services
Agreement between the City of Vernon and Consolidated Disposal
Service, LLC, for a period of three months, for Refuse
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 15 of 19
Collection, Recycling and Disposal Services. As revised, the
contract would expire, effective September 30, 2014.
27. Authorize the Rejection of all Bids and Rebid for Refuse Collection,
Recycling and Disposal Services, Contract No. CS-0448.
Recommendation:
(1) Find that the rejection of all bid proposals received on June 3,
2014, per Contract CS-0448 for Refuse Collection, Recycling and
Disposal Services, is not subject to the California
Environmental Quality Act (“CEQA”) because, under Guidelines §
15270 CEQA does not apply to projects which a city disapproves;
and even if it were subject to CEQA, it would exempt 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
rejection of bid proposals has no impact on the maintenance of
existing facilities; and
(2) Approve the rejection of all bid proposals, per Contract CS-0448
for Refuse Collection, Recycling and Disposal Services; and
authorize staff to re-advertise and solicit bids for Refuse
Collection, Recycling and Disposal Services based on a form that
is substantially similar to the form previously approved, but
with minor technical clarifications.
NEW BUSINESS
City Administration Department
1. A Resolution of the City Council of the City of Vernon amending
Resolution No. 9542 by amending Section 10.2 and adding Section 10.5
to said resolution respecting vacation policies for employees of the
City of Vernon and repealing all resolutions in conflict therewith.
Recommendation:
(1) Find that approval of the proposed 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) Contingent upon City Council adoption of the Fiscal Year 2014-
2015 budget, adopt the resolution amending Resolution No. 9542
to amend section 10.2 and add section 10.5 to said resolution,
effective June 29, 2014, to (1) provide sixty (60) hours of
Administrative Leave for Mid-Management employees who are
designated as exempt from overtime in accordance with the Fair
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 16 of 19
Labor Standards Act and (2) provide all newly hired Mid-
Management and Executive Management staff exempt employees
administrative leave on a quarterly pro-rata basis.
Finance Department
2. Consideration of City Investment Policy, and Staff Authority to
Deposit and Withdraw Funds from Local Agency Investment Fund (LAIF)
and Los Angeles County Pooled Investment Fund (LACPIF):
Recommendation:
(1) It is recommended that the City Council approve the following
three resolutions, each of which includes a finding that
relevant approvals are exempt from the California Environmental
Quality Act (“CEQA”) pursuant to Guidelines Section 15061(b)(3),
the general rule that CEQA only applies to projects that may
have an effect on the environment:
1. A Resolution of the City Council of the City of Vernon
adopting an annual statement of investment policy for fiscal
year 2014-2015 and delegating investment authority to the
Finance Director/City Treasurer.
- The investment policy requires annual approval by City
Council even though no changes and updates are proposed.
Such approval is to be performed on an annual basis.
2. A Resolution of the City Council of the City of Vernon
authorizing the investment of City monies from any City fund
in the local investment fund in the state treasury.
- Supersede Resolution No. 5244, currently on file with the
Local Agency Investment Fund (LAIF), which would add the
following officers as authorized personnel to deposit and
withdrawal City monies on behalf of the City for
investment purposes: Finance Director, Assistant Finance
Director, City Treasurer, and Deputy City Treasurer, or
their successors.
3. A Resolution of the City Council of the City of Vernon
authorizing and requesting the investment of excess funds in
the Los Angeles County Treasury Pool.
- Approve participation in the Los Angeles County Pooled
Investment Fund (LACPIF) as an investment alternative.
Gas and Electric Department
3. Approval of the Astoria 2 Solar Project Power Sales Agreement
between the City of Vernon and the Southern California Public Power
Authority.
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 17 of 19
Recommendation:
(1) Find that (a) the requested approval is not a “project” subject
to the California Environmental Quality Act (“CEQA”) under
Guidelines section 15378 because it involves the administrative
activity of purchasing power; and (b) even if this approval were
a “project” subject to CEQA, the approval requested is exempt 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 because purchasing power is purely a
financial transaction, and any construction that may occur by a
private party in the future in reliance on this approval would
be subject to CEQA review by another governmental agency at that
time when actual details of any physical proposal would be more
than speculative; and
(2) Authorize the Director of Gas and Electric to approve and
execute the Astoria 2 Power Sales Agreement between the City of
Vernon (“City”) and the Southern California Public Power
Authority (“SCPPA”) in substantially the same form as attached
to the staff report, for the purpose of purchasing solar power
with associated green attributes in compliance with the
Renewable Resources Procurement Plan and Enforcement Program in
force at the City. The terms include the initial purchase of 20
megawatts of solar power beginning with the project commercial
operation date and increased to 30 megawatts commencing January
1, 2022.
(3) Find that approval of the power sales agreement complies with
the competitive bidding requirements of the Vernon Municipal
Code in that: (a) Vernon Municipal Code § 2.17.12(A)(6) exempts
this contract from the competitive bidding requirements because
it is a “contract for the acquisition, sale or transmission of
electrical power” and it would be commercially unreasonable to
procure the power through standard bidding or request for
proposal procedures; and (b) this contract is between SCPPA (a
joint powers authority) and Vernon, and Vernon Municipal Code
2.17.12(A)(5) exempt this contract and all other “contracts with
other governmental entities or their contractors for labor,
materials or supplies”. Further find that approval of this
contract is consistent with the purposes of the city’s
purchasing regulations because SCPPA conducted a competitive
process and received approximately 220 proposals, of which, the
Astoria 2 Project was the lowest priced project for projects
under 100 megawatts, and the project is scheduled to begin
commercial operation in 2017.
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 18 of 19
Public Works, Water and Development Services Department
4. Authorization to submit the Los Angeles River Upper Reach 2 Draft
Watershed Management Program Plan and Draft Coordinated Integrated
Monitoring Program Plan.
Recommendation:
(1) Find that this action is exempt under the California
Environmental Quality Act (“CEQA”) as follows:
(a) The authorization to submit the draft Watershed Management
Program (WMP) Plan and draft Coordinated Integrated
Monitoring Program (CIMP) Plan is exempt from CEQA pursuant
to CEQA Guidelines Section 15308 in that the authorization
to submit the draft WMP and CIMP Plans 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
authorization to submit the draft WMP and CIMP Plans, and
any possible projects are purely speculative in nature; and
(b) The WMP and draft CIMP Plan are subject to the approval of
the Regional Water Quality Control Board, which Board will
conduct any necessary environmental review of the documents
before any final approval; and
(c) The authorization to submit the draft WMP and CIMP Plans 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 on the environment,
the activity is not subject to CEQA. Here, the
authorization to submit the draft WMP and CIMP Plans
involves procedures for the protection of the environment
and has no significant adverse effect on the environment;
and
(2) Authorize City staff to submit the draft WMP and CIMP Plans to
the California Regional Water Quality Control Board, Los Angeles
Region (Regional Board) to comply with the municipal National
Pollutant Discharge Elimination System (NPDES) Permit. At a
later date, staff will submit the final Watershed Management
Program Plan and final Coordinated Integrated Monitoring Plan to
the City Council for adoption.
Special and Regular City Council Meeting Agenda
June 17, 2014
Page 19 of 19
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 12th day
of June 2014.
By: ________________________________
Ana Barcia
Deputy City Clerk