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20130416 Regular City Council Meeting - Agenda 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. 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, APRIL 16 , 2013 , 9 : 00 A.M. COUNCIL CHAMBER 4305 SANTA FE AVENUE VERNON, CALIFORNIA William J. Davis, Mayor W. Michael McCormick, 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. 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 9, 2013, Declaring the Results and Such Other Matters as provided by Law. Recommendation: (1) Accept the Certificate of Canvass; and Regular City Council Meeting Agenda April 16, 2013 (2) Adopt a Resolution declaring the results of the General Municipal Election held April 9, 2013, declaring that William J. Davis is elected to the office of member of the City Council and that Measures K, L, and M are approved; and (3) Authorize the Interim City Clerk to deliver the Certificate of Election and administer the oath of office to William J. Davis; and (4) Elect a Mayor and a Mayor Pro-Tem. 2 . Certificate of Election to be delivered by the Interim City Clerk to William J. Davis . 3. Oath (Affirmation) of Office to be administered by the Interim City Clerk to William J Davis . 4 . Election of Mayor, and Election of Mayor Pro-Tem. PRESENTATION 1 . Service Pin Awards Employee Name Job Title Years 1 . Phillip Swinford Police Officer 15 2 . Paul Cerda Police Officer 15 3. Gabriel Aldrete Utilityman III 10 4 . Alexy Escobedo Police Officer 5 5 . Rafael Landa Police Officer 5 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 from the Edgar Agusto Martinez was received April 4, 2013 . Amount of claim is approximately $6, 000 . 00 . - Received and Transmitted to the Department of Finance . 2 . Claim for Damages from the Law Offices of Jacques Beugelmans was received April 8, 2013 . Amount of claim exceeds $10, 000 . 00 . - Received and Transmitted to the Department of Finance . Page 2 of 11 Regular City Council Meeting Agenda April 16, 2013 Minutes Approval 3. Minutes of the Special and Regular City Council Meeting held March 5, 2013, to be received and filed. 4 . Minutes of the Regular City Council Meeting held March 19, 2013, to be received and filed. Warrant Registers 5 . Ratification of following City Warrant Registers to record voided checks : a. City Warrant Register No . 1375 to record voided Check No . 340272 in the amount of $48 . 25; and b. City Warrant Register No . 1375 to record voided Check No . 340229 in the amount of $500 . 00; and c. City Warrant Register No . 1376 to record voided Check No . 340335 in the amount of $460 . 00; and d. City Warrant Register No . 1376 to record voided Check No . 340354 in the amount of $299 . 99; and e. City Warrant Register No . 1376 to record voided Check No . 340374 in the amount of $225 . 68 . 6. Approval of City Payroll Warrant Register No . 682, totaling $2, 516, 065 . 53, which covers the period of February 10, through March 9, 2013, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $1, 811, 563 . 85; and b. Ratification of checks and electronic fund transfers totaling $704, 501 . 68 . 7 . Approval of City Warrant Register No . 1377, totaling $1, 542, 241 . 65, which covers the period of March 12, through April 8, 2013, and consists of the following: c. Ratification of wire transfers totaling $798, 146 . 35; and d. Ratification of the issuance of early checks totaling $587, 224 . 15; and e. Authorization to issue pending checks totaling $156, 871 . 15; and f. Record voided Check Nos . 340425 and 340427, totaling $7, 114 . 18 . 8 . Approval of Light & Power Warrant Register No . 342, totaling $6, 011, 254 . 05, which covers the period of March 12, through April 8, 2013, and consists of the following: Page 3 of 11 Regular City Council Meeting Agenda April 16, 2013 a. Ratification of wire transfers totaling $5, 813, 141 . 34; and b. Ratification of the issuance of early checks totaling $153, 412 . 35; and c. Authorization to issue pending checks totaling $44, 700 . 36 . 9. Ratification of Gas Warrant Register No . 129 to record voided Check No . 982 in the amount of $1, 347 . 27 . 10 . Approval of Gas Warrant Register No . 130, totaling $1, 957, 964 . 87, which covers the period of March 12, through April 8, 2013, and consists of the following: a. Ratification of wire transfers totaling $1, 779, 977 . 40; and b. Ratification of the issuance of early checks totaling $124, 876 . 17; and c. Authorization to issue pending checks totaling $53, 111 . 30 Community Services and Water Department ll . Building Department Report for the month of March 2013, to be received and filed. 12 . Traffic Signal Maintenance Contract, Aegis ITS, Inc. , Annual Renewal (Extension) for 2013-2014 . Recommendation: (1) Find that the approval of the Traffic Signal Maintenance Agreement extension is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15301, Existing Facilities, Class 1, maintenance, because this project only consists of maintenance and repair of the City' s traffic signals . (2) Approve by Change Order, the extension to the Traffic Signal Maintenance Contract with Aegis ITS to provide traffic signal maintenance services for the City of Vernon for one year period commencing May 1, 2013, to April 30, 2014 . The underlying Contract with Aegis ITS was awarded by a competitive process, and this extension is consistent with the scope of the competitive process . Finance Department 13. Approval of Koras Cash Express request to perform a mobile check cashing service in the City of Vernon. Page 4 of 11 Regular City Council Meeting Agenda April 16, 2013 Recommendation: (1) Find that approval of the proposed action for Koras Cash Express to perform a mobile check cashing service 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 Koras Cash Express to perform a mobile check cashing service in the City of Vernon, as the company has met all the requirements as specified under Chapter 18 of the City of Vernon Code of Ordinances . Fire Department 14 . Activity Report for the period of March 1, through March 15, 2013, to be received and filed. 15 . Activity Report for the period of March 16, through March 31, 2013, to be received and filed. Health Department 16. March 2013 Monthly Report, to be received and filed. Police Department 17 . Activity Log and Statistical Summary of Arrest and Activities for the period of March 1, through March 15, 2013, to be received and filed. 18 . Activity Log and Statistical Summary of Arrest and Activities for the period of March 16, through March 31, 2013, to be received and filed. NEW BUSINESS City Administration Department 1 . A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Addendum to the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers' Benefit Association (Employee Group 2) . Recommendation: (1) Find the approval of the proposed resolution approving an addendum to amend the Memorandum of Understanding as it relates Page 5 of 11 Regular City Council Meeting Agenda April 16, 2013 to the VPOBA Retiree Medical/Dental Benefit Plan is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 1506 (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 the VPOBA Retiree Medical/Dental Benefit Plan in compliance with the 2012-2014 Memorandum of Understanding between the City and the VPOBA; and (3) Authorize the City Administrator and Director of Human Resources to execute said Addendum to the 2012-2014 Memorandum of Understanding between the City of Vernon and employees represented by the VPOBA. 2 . A Resolution of the City Council of the City of Vernon Amending the Retiree Medical/Dental Benefit Plan relating to the Vernon Police Management Association. Recommendation: (1) Find that approval of the proposed resolution amending the Retiree Medical/Dental Benefit Plan as it relates to the Vernon Police Management Association 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 effect on the environment; and (2) Approve and adopt the Resolution amending the Vernon police Management Association Retiree Medical/Dental Benefit Plan. Community Services and Water Department 3. Participation in a Watershed Management Program as Part of the Los Angeles County Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System Permit. Recommendation: (1) Find that the City of Vernon' s participation in a Watershed Management Program ("WMP") as part of the Los Angeles County Municipal Separate Storm Sewer System ("MS4") National Pollutant Discharge Elimination System ("NPDES") permit 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 participation by the City of Vernon in a WMP in cooperation with neighboring cities and administered by the Gateway Cities Council of Government ("GCCOG") , and as set forth in the Staff Report . Page 6 of 11 Regular City Council Meeting Agenda April 16, 2013 4 . Approve Maintenance Agreement, Option No. 2 , between the City of Vernon and Los Angeles County Flood Control District ("LACFCD") . Recommendation: (1) Find that the proposed Maintenance Agreement ("Agreement") , Option No . 2, between the City of Vernon and LACFCD 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 the proposed Agreement, Option No . 2, between the City and LACFCD in order to allow the City to perform its own maintenance and cleaning of the LACFCD catch basins that exist within the confines of the City. This Agreement provides the City control over cleaning frequencies and will enable staff to closely monitor all costs associated with this work. 5 . Approval of a Service Agreement between the City of Vernon and Ron' s Maintenance, Inc. for Catch Basin Maintenance and Cleaning Services . Recommendation: (1) Find that the proposed Service Agreement between the City of Vernon and Ron' s Maintenance, Inc. for Catch Basin Maintenance and Cleaning Services 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) Accept the bid of Ron' s Maintenance Service and authorize the City Administrator to enter into the approved form of a Service Agreement between the City of Vernon and Ron' s Maintenance, Inc. for Catch Basin Maintenance and Cleaning Services in an amount not to exceed $150, 000 over the three year Agreement period; pursuant to a bid by the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (Gateway Water Management Authority) . 6. Contract No. CS-0275 — Citywide Concrete Repair and Replacement Fiscal Year 2013-2014 Bid Award. Recommendation: (1) Find that the Bid Award of the proposed Citywide Concrete Repair and Replacement is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15301, Existing Facilities, part (c) , existing highways and streets, because the project is merely to repair existing streets; and (2) Authorize the City Administrator to accept the Bid from Mora' s Equipment & Construction, Inc. , as the lowest responsive and Page 7 of 11 Regular City Council Meeting Agenda April 16, 2013 responsible bidder and enter into a contract not to exceed $44, 000, for Contract No . CS-0275, Citywide Concrete Repair and Replacement for FY 2013-2014, and to reject all other bids . 7 . A Resolution of the City Council of the City of Vernon Terminating the Ad Hoc Advisory Committee for Business Development. Recommendation: (1) Find that the action to terminate the Ad Hoc Advisory Committee for Business Development ("BDC") 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) Terminate the BDC as established by Resolution No . 2011-69, with the understanding that the City Administrator may create ad hoc or standing groups from time to time as necessary to advise him on business development matters; and (3) Deliver a Certificate of Appreciation to each member of the Committee for their dedicated service to the community by serving on the BDC. Light & Power Department 8 . A Resolution of the City Council of the City of Vernon Approving the City of Vernon Light and Power Department Economic Development Rate, the Agreement for an Economic Development Incentive on Electric Services and the Affidavit for Economic Development Regarding Electrical Rates to be Charged for Electrical Energy Distributed and Supplied by the City within its Boundaries . Recommendation: (1) Find that approvals requested are exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061 (b) (3) , the general rule that CEQA only applies to project that may have an effect on the environment; and (2) Approve (a) the City of Vernon Light and Power Department Economic Development ("ED") rate, (b) the Agreement for an Economic Development Incentive on Electric Service, and (c) the Affidavit for Economic Development, all designed to attract new load to the City and encourage existing customers to add load, while providing electric revenues to Vernon that are adequate to cover the City' s marginal cost of providing electric service, plus a reasonable contribution to the City' s fixed financing (i . e . bond service) costs . 9. Request for Approval of Tyler Technologies (EDEN) Amendment, Annual Support Renewal Payment. Page 8 of 11 Regular City Council Meeting Agenda April 16, 2013 Recommendation: (1) Find that the approval requested 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 . 8 for Tyler Technologies, Inc. Annual Support Renewal for January 1, 2013, through December 31, 2013, to ensure the uninterrupted support of the EDEN Financial System, the City' s main accounting software, which is utilized by approximately one hundred employees within several departments at the City. Competitive bidding and competitive selection is not required as this is a contract for material and services available from only one vendor as it is based upon proprietary software . 10 . Approval of Bicent Agreement, Form of Bid Guarantee for Air Resource Board Cap-and Trade Action Participation. Recommendation: (1) Find that the proposed form of bid guarantee 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 the letter agreement between the City and Bicent that allows the City to purchase and transfer sufficient allowances to Bicent in lieu of the City' s obligation under Section 18 . 3 of the Power Purchase Tolling Agreement ("PPTA") ; and (3) Approve a letter of credit in the amount of $10 million to be used as a bid guarantee for the participation in the Air Resource Board cap-and trade auction. ORDINANCES 1 . A Resolution of Intention and Ordinance to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System ("CalPERS") and the City Council City of Vernon: a. A Resolution of the City Council of the City of Vernon Declaring its Intention to approve an Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Vernon. Page 9 of 11 Regular City Council Meeting Agenda April 16, 2013 b. Ordinance No. 1205 - An Uncodified Ordinance of the City Council of the City of Vernon Approving and Authorizing an Amendment to the Contract between the City Council of the City of Vernon and the Board of Administration of the Public Employees ' Retirement System. (first reading) Recommendation: (1) Find that approval of the proposed resolution of intent and ordinance amending the contract between the Board of Administration of the CalPERS and the City Council City of Vernon 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 attached Resolution of Intention and related certification of compliance to amend the contract between the Board of Administration of the CalPERS and the City Council City of Vernon to add benefit 20965, Credit for Unused Sick leave to the safety plans; and (3) Approve for first reading the proposed Ordinance to amend the contract between the Board of Administration of the CalPERS and the City Council City of Vernon to add benefit 20965, Credit for Unused Sick leave to the safety plans . 2 . Ordinance No. 1206 - An Ordinance of the City Council of the City Vernon, California, adding Section 5 .47 to Article IV of Chapter 5 of the Code of the City of Vernon, relating to Apportionment of the Special Parcel Tax on Warehouses, Truck Terminals, Freight Terminals and Other Distribution Facilities (first reading) Recommendation: (1) Find that approval of the proposed ordinance on the apportionment of the warehouse parcel tax 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) Conduct the first reading of the ordinance adding Section 5 . 47 to the Code of the City of Vernon, relating to apportionment of the special parcel tax on warehouses, truck terminals, freight terminals and other distribution facilities in order to codify existing administrative practices . Page 10 of 11 Regular City Council Meeting Agenda April 16, 2013 DISCUSSION AND POSSIBLE DIRECTIVES TO STAFF 1 . Request from Mayor Davis to discuss the compensation of the City Council members as it relates to the recommendation of the City' s Reform Monitor, John Van de Kamp. 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 . CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956 . 9 2 . CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957 . 6 Agency Designated Representatives : Mark Whitworth, Teresa McAllister Employee Organizations : Vernon Police Management Association, and Teamsters Local 911 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 11tn day of April 2013. By: Dana Reed Interim City Clerk Page 11 of 11