20130507 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.
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AGENDA
CITY OF VERNON
TUESDAY, MAY 7 , 2013 ,
SPECIAL CITY COUNCIL PUBLIC MEETING
(BUDGET STUDY SESSION)
7 : 30 A.M.
REGULAR CITY COUNCIL PUBLIC MEETING
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 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.
PRESENTATIONS
1 . Financial update on City operations, presented by the Finance
Director.
Special and Regular City Council Meeting Agenda
May 7, 2013
BUDGET STUDY SESSION
1 . Budget review for Fire Department, Police Department, and Health and
Environmental Control Department .
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 . If you would like to comment concerning a matter
that is noticed for a public hearing today, please wait until that nearing
is formally opened before making your comment. '
PRESENTATION
1 . A Proclamation of the City Council of the City of Vernon Commending
William `Bill' J. Davis in Recognition of His Outstanding Service to
the City of Vernon as Mayor.
2 . The Police Department will conduct the annual Drug Abuse Resistance
Education (D.A.R.E . ) award presentation for the Vernon Elementary
School students that participated in the D.A.R.E . essay contest .
3. Recognition of City of Vernon employees for their contributions to
the City Council Chamber Improvement Project .
PERSONNEL MATTERS
1 . A Resolution of the City Council of the City of Vernon Appointing
Michael A. Wilson to Serve as the Fire Chief of the City of Vernon.
Recommendation:
(1) Find that adoption of the resolution proposed 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
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(2) Approve and adopt the resolution appointing Michael A. Wilson to
the position of Fire Chief of the City of Vernon, effective May,
7, 2013; and
(3) Authorize the City Administrator to enter into an At Will
Employment Agreement with Mr. Wilson according to the standard
terms and conditions adopted by the City Council for executive
level employees .
2 . Oath (Affirmation) of Office to be administered by the Interim City
Clerk to newly appointed Fire Chief Michael A. Wilson.
PUBLIC HEARINGS
1 . Public testimony and evidence regarding the moratorium.
Ordinance No. 1207 - An Uncodified Urgency Ordinance of the City Council
of the City of Vernon to Establish a 45 Day Moratorium on the
Establishment of New Private Electricity Generating Facilities, Power
Plants and Cogeneration Facilities, Excepting Solar Power Facilities
(first reading)
Recommendation:
(1) Find the moratorium is categorically exempt under the California
Environmental Quality Act ("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) Adopt an urgency ordinance, according to the provisions set
forth in the California Government Code, to establish a 45 day
moratorium on the authorization of any subdivision, use permit,
variance, building permit, grading permit, or any other
applicable entitlement for use by any generating facility, power
plant, or cogeneration facility (excluding solar power
facilities) . A vote of 4 City Council members (a 4/5 vote) is
required to adopt this as an urgency ordinance because of the
requirements of California Government Code, Section 65858 . Under
the provisions of the California Government Code, as they apply
to a Charter City, the urgency ordinance shall be immediately
effective, and no second reading is required. The urgency
ordinance shall expire automatically 45 days from the date of
adoption, unless extended in the manner specified by law.
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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 received
Minutes Approval
2 . Minutes of the Regular City Council Meeting held April 16, 2013, to
be received and filed.
Warrant Registers
3. Approval of City Warrant Register No . 1378, totaling $1, 020, 163 . 10,
which covers the period of April 9, through April 29, 2013, and
consists of the following:
a. Ratification of wire transfers totaling $721, 073 . 67; and
b. Ratification of the issuance of early checks totaling
$134, 446 . 20; and
c. Authorization to issue pending checks totaling $164, 643 . 23 .
4 . Approval of Light & Power Warrant Register No . 343, totaling
$5, 352, 319 . 28, which covers the period of April 9, through April 29,
2013, and consists of the following:
a. Ratification of wire transfers totaling $5, 225, 638 . 05; and
b. Ratification of the issuance of early checks totaling
$73, 411 . 65; and
c. Authorization to issue pending checks totaling $53, 269 . 58 .
5 . Approval of Gas Warrant Register No . 131, totaling $1, 796 . 28, which
covers the period of April 9, through April 29, 2013, and consists
of the following:
a. Ratification of the issuance of early checks totaling $297 . 50;
and
b. Authorization to issue pending checks totaling $1, 498 . 78 .
City Council
6. A Proclamation of the Mayor and the City Council of the City of
Vernon Commending and Honoring Corey James Zuber for His Service and
Support of His Community.
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7 . A Proclamation of the Mayor and the City Council of the City of
Vernon Commending and Honoring Andrew Michael Koch for His Service
and Support of His Community.
Community Services and Water Department
8 . Amendment to the Kronick Moskovitz Tiedemann & Girard ("KMTG")
Agreement for legal services related to the housing development
project.
Recommendation:
(1) Find that approval of the proposed amendment to the KMTG
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 Mayor to execute an amendment to the KMTG
Agreement dated November 20, 2012 increasing the fees by $50, 000
for a total not to exceed cost of $95, 000 . 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 .
9. Bid Award for Citywide Pedestrian Countdown Head Replacement, HSIP
Cycle-4 Project — Contract No. CS-0192 .
Recommendation:
(1) Find that the proposed Citywide Pedestrian Countdown Head
Replacement, HSIP Cycle-4 project, Contract No . CS-0192, is
exempt under the California Environmental Quality Act ("CEQA")
in accordance with Title 14, Chapter 3, Class 1, Section 15301,
minor alterations of existing public facilities involving
negligible or no expansion of use beyond that existing at the
time of the lead agency' s determination; and
(2) Accept the bid from PTM General Engineering Services, Inc. as
the lowest responsive and responsible bidder and authorize the
City Administrator to enter into a contract, not to exceed
$49, 935, for the Citywide Pedestrian Countdown Head Replacement,
HSIP Cycle-4 project, Contract No . CS-0192, and to reject all
other bids .
10 . Traffic Collision Review for the year 2012, to be received and
filed.
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Fire Department
ll . Activity Report for the period of April 1, through April 15, 2013,
to be received and filed.
Police Department
12 . Activity Log and Statistical Summary of Arrest and Activities for
the period of April 1, through April 15, 2013, to be received and
filed.
13. Activity Log and Statistical Summary of Arrest and Activities for
the period of April 16, through April 30, 2013, to be received and
filed.
Light & Power Department
14 . January 2013 Resource Procurement Report, to be received and filed.
NEW BUSINESS
City Administration
1 . A Resolution of the City Council of the City of Vernon Appointing
Members to Represent the City of Vernon on the Board of Directors of
County Sanitation District, No. 23, and Restating and Confirming the
Appointment of Members and Alternate Members to Represent the City
of Vernon on the Board of Directors of County Sanitation District,
Nos . 1 and 2 .
Recommendation:
(1) Find that adoption of the Resolution is exempt under the
California Environmental Quality Act ("CEQA") in accordance with
Section 15061 (b) (3) , the general rule that CEQA only applies to
projects that may have an effect on the environment; and
(2) Adopt a Resolution to reaffirm Michael A. Ybarra as the selected
alternate for the Board of Directors of County Sanitation
District No . 1 and appoint an alternate to District No . 2 .
2 . Authorization to enter into a lease agreement for the city parking
lot located at 2265 38th Street, Vernon, with Cottonfriends, Inc.
Recommendation:
(1) Find that approval of the proposed parking lot lease agreement
between the City and Cottonfriends, Inc, DBA Coin1804, is exempt
under the California Environmental Quality Act ("CEQA") in
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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 enter into an annual parking
lot lease agreement located at 2265 38th Street, Vernon, to
Cottonfriends, Inc, at the determined market rent rate . The
term of the lease is annually. The lease shall automatically,
without further action by either party, become a month to month
lease that may be terminated by either party upon thirty (30)
days' prior written notice to the other, with or without cause,
and without penalty or termination fee .
3. Adoption of form At-Will Employment Agreements for City of Vernon
Executive Staff.
Recommendation:
(1) Find that approval of the proposed form at-will employment
agreements for City of Vernon executive Staff are exempt under
the California Environmental Quality Act ("CEQA") in accordance
with Section 15061 (b) (3) , the general rule that CEQA only
applies to projects that may have an effect on the environment;
and
(2) Approve and adopt the form at-will employment agreements (safety
and non-safety) to be used for City of Vernon executive staff
members (except the City Administrator and City Attorney) hired
by City Council .
(3) Authorize the City Administrator to complete, execute, and when
applicable, renew the appropriate form at-will employment
agreement for each current and newly hired executive at terms
not to exceed three years .
Community Services and Water Department
4 . A Resolution of the City Council of the City of Vernon Approving a
Lot Line Adjustment for the Properties Located at 3250 and 3270
Washington Boulevard in the City of Vernon.
Recommendation:
(1) Find that the proposed Lot Line Adjustment is categorically
exempt based on a Class 5 Categorical Exemption under the
California Environmental Quality Act ("CEQA") in accordance with
Section 15305 which consists of minor alterations in land use
limitations in areas with an average slope of less than 200
which do not result in any changes in land use or density
including lot line adjustments, side yard, and set back
variances not resulting in the creation of any new parcel; and
(2) Adopt a resolution approving the Lot Line Adjustment .
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Fire Department
5 . Approval to award fire apparatus mechanic services to Kalmikov
Enterprises, Inc. DBA: Fire Apparatus Solutions .
Recommendation:
(1) Find that approval of the proposed service agreement for fire
apparatus mechanic 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 proposal of Kalmikov Enterprises, Inc. DBA: Fire
Apparatus Solutions to provide fire apparatus mechanic services,
as this firm has offered the lowest bid and meets all the
qualifications required in the Notice inviting Bids issued by
the City; and
(3) Authorize the City Administrator to enter into an annual
contract, under the standard terms and conditions approved by
the City Council, for an amount not to exceed $125, 000 per year,
effective July 1, 2013, for a period of three years and to
reject all other bids .
Health and Environmental Control Department
6. A Resolution of the City Council of the City of Vernon Approving and
Authorizing the Execution of an Application for an Enforcement
Assistance Grant from the California Department of Resources
Recycling and Recovery (CalRecycle) .
Recommendation:
(1) Find that the proposed action 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 approving and authorizing the execution of
an application for an Enforcement Assistance Grant from the
California Department of Recycling and Recovery (CalRecycle) for
fiscal year 2013-2014, and for the Authority to apply for,
receive and expend said grant funds .
OLD BUSINESS
1 . Request from Mayor Pro-Tem Davis to discuss the compensation of the
City Council members .
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ORDINANCES
1 . 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.
(second reading)
Recommendation:
(1) Find that approval of the proposed 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 second reading of 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 . (second 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) Approve and adopt the second reading of the proposed 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 .
DISCUSSION AND POSSIBLE DIRECTIVES TO STAFF
1 . Discussion on the feasibility of enacting a "Condom Law" similar to
the one enacted recently in Los Angeles County.
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2 . Report by the City Administrator on compliance with Vernon' s
Conflict of Interest Code requirements that consultants be required
to file annual Statements of Economic Interests (Form 700) .
Recommendation:
(1) Consistent with the requirements of the City Council Resolution
2012-225, known as the Vernon Conflict of Interest Code, it is
recommended that the City Council receive the report detailing
the City Administrator' s determinations as to which consultants
must file annual disclosure statements for 2012, pursuant to the
requirements of the California Political Reform Act . No action
by the Council is required.
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 2nd day of May 2013 .
By:
Dana Reed
Interim City Clerk
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