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2014-07-01 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, JULY 1, 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. PUBLIC HEARINGS 1. 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. Regular City Council Meeting Agenda July 1, 2014 Page 2 of 10 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. 2. 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. 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 the following City Warrant Registers to record the following voided checks: a. City Warrant Register No. 1401 to record voided Check No. 344238 in the amount of $50.00; and b. City Warrant Register No. 1395 to record voided Check No. 343444 in the amount of $33.44. Regular City Council Meeting Agenda July 1, 2014 Page 3 of 10 3. Ratification of Gas Warrant Register No. 152 to record voided Check No. 1139 in the amount of $1,500.00. 4. Approval of City Warrant Register No. 1403, totaling $958,491.80, which covers the period of June 10, through June 23, 2014, and consists of the following: a. Ratification of wire transfers totaling $696,226.53; and b. Ratification of the issuance of early checks totaling $91,436.95; and c. Authorization to issue pending checks totaling $170,828.32. 5. Approval of Light & Power Warrant Register No. 368, totaling $4,473,497.65, which covers the period of June 10, through June 23, 2014, and consists of the following: a. Ratification of wire transfers totaling $4,441,797.94; and b. Ratification of the issuance of early checks totaling $12,076.23; and c. Authorization to issue pending checks totaling $19,623.48. 6. Approval of Gas Warrant Register No. 156, totaling $2,595.10, which covers the period of June 10, through June 23, 2014, and consists of the following: a. Ratification of the issuance of early checks totaling $2,595.10. Gas and Electric Department 7. March 2014 Light and Power Resource Procurement Report, to be received and filed. 8. Award of Bid and Purchase Contract to CH2M Hill Engineers, Inc. for Environmental Support Services. Recommendation: (1) Find that awarding the contract as outlined in the staff report 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 award of a contract to CH2M Hill Engineers, Inc. (CH2M) in substantially the same form as attached to the staff report, for the purpose of securing Environmental Support Services. The proposed contract would include a grand total compensation amount “not-to-exceed” $1,368,985 over the three year term of the agreement. Regular City Council Meeting Agenda July 1, 2014 Page 4 of 10 9. Authorize the Award of Bid and Purchase Contract to Interstate Gas Services, Inc. for Natural Gas Operational Support 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 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 award of a contract to Interstate Gas Services, Inc. (“IGS”), in substantially the same form as attached to the staff report, for the purpose of securing natural gas operational support services. IGS was the only responding party to the Request for Proposals (RFP) issued by the City on May 21, 2014. The contract for IGS services proposes a three (3) year term with a “not-to-exceed” cost of $140,000 per calendar year, for a grand total amount “not-to-exceed” $420,000. Police Department 10. Activity Log and Statistical Summary of Arrest and Activities for the period of June 1, through June 15, 2014, to be received and filed. Public Works, Water and Development Services Department 11. Approval of Amendment No. 2 extending the existing Services Agreement for Janitorial Services between the City of Vernon and Santa Fe Building Maintenance for a period of one-year. Recommendation: (1) Find the proposed Amendment No. 2, extending the Services Agreement between the City of Vernon and Santa Fe Building Maintenance for one-year, 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 Amendment No. 2 extending the Services Agreement between the City of Vernon and Santa Fe Building Maintenance for Janitorial Services for a period of one-year with no increase in cost. The annual cost of service shall not exceed $104,926.20. The Services Agreement will be made effective July 1, 2014, and terminate effective June 30, 2015. There is no increase in the cost of service. This is the final extension permitted and the service will have to be rebid for fiscal year 2015-2016. Regular City Council Meeting Agenda July 1, 2014 Page 5 of 10 12. Approval of Amendment No. 1 extending the Services Agreement Between the City of Vernon and Cannon Corporation for the Engineered Design of a Temporary Closed Water System, Elevated Tank Standpipe Repair and Technical Specifications. Recommendation: (1) Find that approval of Amendment No. 1 extending the Services Agreement between the City of Vernon and Cannon Corporation for the Engineered Design of a Temporary Closed Water System, Elevated Tank Standpipe Repair and Technical Specifications, effective July 9, 2014 through September 30, 2014, 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 Amendment No. 1, in substantially the same form as attached to the staff report, extending the Services Agreement between the City of Vernon and Cannon Corporation, effective July 9, 2014 through September 30, 2014. 13. Approve Bid Award for Contract No. CS-0421, the 55th Street Storm Drain Improvements. 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 14 California Code of Regulations, CEQA Guidelines Section 15303(d), New Construction or Conversion of Small Structures. The project consists of the construction of a sewer line extensions including street improvements of reasonable length to serve such construction; and (2) Accept the bid from Ramona Inc. Company, as the lowest responsive and responsible bidder and enter into a contract, not to exceed $628,390, for the 55th Street Storm Drain Improvements Project, Contract No. CS-0421, and to reject all other bids. Further authorize a contingency of $75,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. / / / / / / / / / Regular City Council Meeting Agenda July 1, 2014 Page 6 of 10 NEW BUSINESS City Administration Department 1. Appointments to the Inaugural Vernon CommUNITY Fund Grant Committee. Recommendation: (1) Find that the appointment of individuals to serve on the Vernon CommUNITY Fund Grant Committee is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Appoint seven individuals to serve on the Vernon CommUNITY Fund Grant Committee for terms commencing July 1, 2014. Pursuant to Section 2.158 of the Vernon Municipal Code (“VMC”), Appointment of Members, the seven-member Grant Committee shall include: two persons representing members of the California Legislature with districts that include at least a portion of the “Vernon Area” (as defined in Section 2.157(c) of the VMC); three persons that reside or work in the Vernon Area; one person who represents the owner of operator of a business located in Vernon; and one current member of the Vernon City Council; and (3) Designate four of the seven individuals to serve an initial term of three years, ending June 30, 2017. The remaining three individuals shall serve a standard two-year term, ending June 30, 2016. Pursuant to Section 2.159 of the VMC, Creation of Staggered Terms, the three members of the Grant Committee designated to serve a standard two-year term shall be from each of the following categories: one person representing a member of the California Legislature; one person that resides or works in the Vernon Area; and one person who represents the owner or operator of a business located in Vernon. The remaining four members designated to serve an initial three-year term shall fill in the remaining positions. The following table shall be utilized at the July 1, 2014 City Council meeting to record the appointments and term designations made by the City Council at said meeting: Grant Committee Member Name Appointment Category Term End Date Legislative Representative June 30, 2016 Legislative Representative June 30, 2017 Vernon Area Representative June 30, 2016 Vernon Area Representative June 30, 2017 Vernon Area Representative June 30, 2017 Business Representative June 30, 2016 City Council Representative June 30, 2017 Regular City Council Meeting Agenda July 1, 2014 Page 7 of 10 2. Jemmott Rollins Group, Inc. to provide a brief status report on CommUNITY Fund related activities and next steps. 3. 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. 9). 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) Adopt the resolution amending Section 5 (Auto Insurance Program) of Resolution No. 2013-57, to discontinue the $35.00 per month Auto Insurance Program for employees in classifications designated as Executive, Management, Confidential, Mid- Management, and Vernon Police Management Association employees, effective July 1, 2014. Gas and Electric Department 4. Approval Request for Ratification of Dutch, LLC Optical Fiber Use Agreement No. 11. Recommendation: (1) Find that the requested 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 a revised Optical Fiber Use Agreement No. 11 with Dutch, LLC and the related Short Form IRU-11.1 and IRU-11.2 Indefeasible Right of Use Agreement and authorize the City Administrator to approve minor and administrative changes to each. Upon approval of all changes, the construction for the implementation of an Optical Fiber Connection will commence. Regular City Council Meeting Agenda July 1, 2014 Page 8 of 10 5. Approval to Execute Puente Hills Landfill Gas-to-Energy Facility Power Sales Agreement by and between the City of Vernon and the Southern California Public Power Authority. 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 third 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 Puente Hills Landfill Gas-to-Energy Facility 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 renewable 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 purchase of 10 megawatts of renewable power between January 1, 2017 and December 31, 2030. (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 agency) 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 issued a request for proposals to acquire renewable energy resources and County Sanitation District No. 2 of Los Angeles County responded to the request for proposals. Regular City Council Meeting Agenda July 1, 2014 Page 9 of 10 ORDINANCES 1. ORDINANCE NO. 1223 - An Ordinance of the City Council of the City of Vernon adding Article XXI to Chapter 2 of the Vernon municipal code to establish the Vernon Business and Industry Commission and to specify the membership and duties of said Commission. (first reading) Recommendation: (1) Find that approval and subsequent adoption of the proposed ordinance establishing the Vernon Business and Industry Commission 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) Hold the first reading of the ordinance establishing the Vernon Business and Industry Commission and specifying the membership and duties of said Commission. 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 SESSION 1. 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 Police Management Association, Vernon Firemen's Association, Vernon Fire Management Association, Teamsters Local 911, and International Brotherhood of Electric Workers Local 47. / / / / / / Regular City Council Meeting Agenda July 1, 2014 Page 10 of 10 2. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: City Attorney 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 26th day of June 2014. By: ________________________________ Ana Barcia Deputy City Clerk