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20130702 Special 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, 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 TUESDAY, JULY 2 , 2013 , SPECIAL CITY COUNCIL PUBLIC MEETING (CLOSED SESSION) 8 : 30 A.M. REGULAR CITY COUNCIL PUBLIC MEETING 9 : 00 A.M. 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 8:30 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) , only. CLOSED SESSIONS (TO BE HEARD AT 8:30 A.M. AND/OR AT THE CONCLUSION OF THE REGULAR MEETING) 1 . CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956 . 9 (d) (1) Bruce V. Malkenhorst, Sr. vs . City of Vernon OCSC Case No . 30-2013-00650310-CU-BC-CJC Special and Regular City Council Meeting Agenda July 2, 2013 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, Vernon Police Officers' Benefit Association, Vernon Firemen' s Association, Vernon Fire Management Association, Teamsters Local 911, and International Brotherhood of Electric Workers Local 47 . CALL TO ORDER & FLAG SALUTE CHANGES .TO THE AGENDA PUBLIC COUNT - 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 . PRESENTATION 1 . The Police Department will conduct a Swear-In ceremony for the newly promoted Patrol Sergeant and Police Captain. The Interim City Clerk is to administer the Oath of Office for said promotions . 2 . The City Council shall receive and file a report introducing Public Sector Personnel Consultants (PSPC) who will be performing a citywide classification and compensation study for the City of Vernon as a result of a competitive proposal process (5 minutes) . 3. The City Council shall receive and file a report introducing Alliant Insurance Services as the newly selected Benefits Consultant for the City of Vernon as a result of a competitive proposal process (5 minutes) . 4 . Presentation of new City website by IT Programmer/Analyst Jared Miller (20 minutes) . Page 2 of 9 Special and Regular City Council Meeting Agenda July 2, 2013 PUBLIC HEARINGS 1 . Public Hearing: Tax Equity and Fiscal Responsibility Act (TEFRA) public hearing on the proposed issuance of the California Statewide Communities Development Authority of its revenue bonds in one or more series in an amount not to exceed $7 ,000,000 . A Resolution of the City Council of the City of Vernon Approving the Issuance of Revenue Bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $7 ,000,000, for the purpose of refinancing certain food processing facilities owned or operated by 3450 Vernon Avenue, LLC, or an affiliate thereof, and paying certain costs of issuance, and other related matters . [Note: There is no financial obligation to the City of Vernon as a result of the Bond financing. ] Recommendation: (1) Find that adoption of the proposed resolution for the issuance of the Bonds required for the financing, refinancing, acquisition, and capital projects implementation, which 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 . Subsequently construction activity could be subject to CEQA; and (2) Approve the resolution which would allow 3450 Vernon Avenue, LLC or related affiliate entity, also known as Golden West Trading Company, Inc. to issue and sell Bonds with a maximum principal amount of $7, 000, 000 . 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 24, 2013 from MetLife auto and Home as subrogee of Carlos Hernandez in the amount of $3, 181 . 16 . Minutes Approval 2 . Minutes of the Regular City Council Meeting held June 18, 2013, to be received and filed. Page 3 of 9 Special and Regular City Council Meeting Agenda July 2, 2013 Warrant Registers 3. Ratification of City Warrant Register No . 1381 to record the following voided checks : a. Check No . 341214 in the amount of $49 . 20; and b. Check No . 341200 in the amount of $160 . 00; and c. Check No . 341256 in the amount of $10 . 00 . 4 . Approval of City Warrant Register No . 1382, totaling $995, 353 . 01, which covers the period of June 11, through June 24, 2013, and consists of the following: a. Ratification of wire transfers totaling $773, 338 . 82; and b. Ratification of the issuance of early checks totaling $80, 425 . 34; and c. Authorization to issue pending checks totaling $141, 588 . 85 . 5 . Approval of Light & Power Warrant Register No . 347, totaling $4, 369, 182 . 98, which covers the period of June 11, through June 24, 2013, and consists of the following: a. Ratification of wire transfers totaling $4, 164, 399 . 10; and b. Ratification of the issuance of early checks totaling $126, 917 . 61; and c. Authorization to issue pending checks totaling $77, 866 . 27 . 6. Approval of Gas Warrant Register No . 135, totaling $50, 400 . 22, which covers the period of June 11, through June 24, 2013, and consists of the following: a. Ratification of the issuance of early checks totaling $50, 101 . 37; and b. Authorization to issue pending checks totaling $298 . 85 . City Administration Department 7 . A Resolution of the City Council of the City of Vernon Amending Resolution No. 2013-57 regarding the Compensation, Costs and Benefits of its Employees ("citywide Personnel and Salary Resolution") by Amending Subsection 2 (a) of Section 15 of the citywide Personnel and Salary Resolution (Amendment No. 1) . Recommendation: (1) Find that adoption 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 Page 4 of 9 Special and Regular City Council Meeting Agenda July 2, 2013 applies to projects that may have an effect on the environment; and (2) Approve and adopt Amendment No . 1 to Resolution No . 2013-57 to amend Section 15 : City Council Department, Subsection 2a - Coverage After Retirement, to state : "City Council members are entitled to the same retiree medical benefits offered to all full-time regular employees as identified under any citywide resolution for retiree medical benefits in effect at the time Council members retire . " City Clerk Department 8 . A Resolution of the City Council of the City of Vernon Appointing the City' s Voting Delegate and Alternate for the Annual Business Meeting (General Assembly) , of the League of California Cities 2013 Annual Conference. Recommendation: (1) Find that approval 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) Approve the Resolution appointing the Mayor Michael McCormick as the Delegate and Mayor Pro Tem William Davis as the Alternate for the Annual Business Meeting ("General Assembly") of the League of California Cities 2013 Annual Conference; and (3) Authorize staff to complete and submit the 2013 Annual Conference Voting Delegate/Alternate Form to the League of California Cities Office . Community Services and Water Department 9. Request for approval to advertise `Citywide Cold Planing and Striping Phase I , ' Project Contract No. CS-0363. Recommendation: (1) Find that the approval of the proposed Citywide Cold Planing and Stripping Phase I Project is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15301, Existing Facilities, part (c) , existing highways and streets; and (2) Approve the Notice Inviting Bids and Bid Specifications for `Citywide Cold Planing and Striping Phase I Project, ' Contract No . CS-0363 . Page 5 of 9 Special and Regular City Council Meeting Agenda July 2, 2013 Fire Department 10 . Activity Report for the period of June 1 , through June 15, 2013, to be received and filed. Light and Power Department ll . A Resolution of the City Council of the City of Vernon Approving and Authorizing the execution of the First Amendment to the Amended and Restated Red Rock Access Easement and License Agreement by and between the City of Vernon and North Sky River Energy, LLC. 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 an effect on the environment; and (2) Adopt a Resolution approving the First Amendment to the Amended and Restated Red Rock Access Easement and License Agreement dated March 6, 2012, pursuant to Resolution No . 2012 . 38, and in the form attachment to the Resolution. This pertains to non-exclusive easements for access over and across certain real property located in Kern County, California, and the proposed amendment will incorporate customary lender protections . Police Department 12 . Activity Log and Statistical Summary of Arrest and Activities for the period of June 1 , through June 15, 2013, to be received and filed. NEW BUSINESS Finance Department 1 . A Resolution of the City Council of the City of Vernon Adopting an Appropriation Limit for the Fiscal Year Ending June 30, 2014 , pursuant to Government Code Section 7910 . Recommendation: (1) Find that adoption of the Fiscal Year 2013-2014 Appropriation Limit 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 Page 6 of 9 Special and Regular City Council Meeting Agenda July 2, 2013 (2) Establish the City' s Appropriation Limit for the Fiscal Year 2013-2014 in the amount of $962, 096, 932 . Fire Department 2 . Approval of the First Amendment to Contract Number C-119976 between the City of Los Angeles and the City of Vernon for the 2010 UASI Grant. 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) Approve the First Amendment to Contract No . C-119976 between the City Los Angeles and the City of Vernon in connection with the 2010 Urban Area Security Initiative Grant to return unused funds . Light & Power Department 3. Request for Approval of City of Vernon Amendment No. 2 to Contract No. GD-0013 with AM Ortega for Natural Gas Transmission Pipeline Modifications and Construction of Launcher and Receiver for In-line Testing Instruments Recommendation: (1) Find that the approval is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15301 because the proposal will not require any new construction, and the only physical change to the environment is excavating existing pipelines; and (2) Approve an amendment to the existing contract GD-0013 with A.M. Ortega Construction, Inc. , identified as Amendment No . 2, to provide additional funds in the amount of $246, 000, for the work performed beyond the approved contract budget, required to successfully complete the in-line testing instruments project on schedule in order to meet federal safety standards and to protect the public health and safety. 4 . Request for Approval of Amendment No. 2 for the Interstate Gas Services, Inc. Service Agreement. Recommendation: (1) Find that the approval is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section Page 7 of 9 Special and Regular City Council Meeting Agenda July 2, 2013 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 for the Interstate Gas Services, Inc. ("IGS") Service Agreement for payment of additional funds in the amount of $33, 000 for consultative service work completed during the safety assessment of the City gas transmission line mandated by the Pipeline Hazardous Materials Safety Administration ("PHMSA") . Pursuant to Resolution No . 10, 041 and 2010-134, the City agreed to compensate IGS an amount not to exceed $140, 000 for services rendered within a given fiscal year. As a result of the PHMSA project, IGS was enlisted for additional work, above and beyond that indicated within the original established service agreement; and (3) Authorize Light & Power to renew the current IGS contract for fiscal year 2013-2014, for strategic consultation on matters relating to the City of Vernon' s Natural Gas Operations Management on an as-needed basis with the understanding that the contract will be subject to the City' s request for proposal process for fiscal year 2014-2015 . Based upon a determination that the best interests of the City are served by continuation of the contract for fiscal year 2013-2014, without a competitive selection process, Light & Power concludes that competitive bidding is not required for the professional services contract with IGS, pursuant to Section 2 . 17 (A) (10) of the Vernon Municipal Code . It is requested that the City Council grant an exemption from the competitive selection process, pursuant to Section 2 . 17 . 12 (B) (2) of the Vernon Municipal Code (best interests) . OLD BUSINESS City Administration Department 1 . Housing Commission Request to Reconsider Recommendation to Divest City-Owned Housing Units in Huntington Park. Recommendation: (1) Find that approval of the recommendation 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) The Vernon Housing Commission recommends the City Council again reconsider the divestment of the vacant City-owned housing units in Huntington Park in light of improved market conditions, the City' s current fiscal situation, and the lack of interested renters at the previously established market rents . Any Page 8 of 9 Special and Regular City Council Meeting Agenda July 2, 2013 decision or direction by the City Council will be reported to the Housing Commission at its September 11, 2013 meeting. ORDINANCES 1 . Ordinance No. 1212 - An Ordinance of the City Council of the City Vernon, California, adding Section 2 . 1 . 1 , to Article I of Chapter 2 of the Code of the City of Vernon, relating to the Rules of Order for the Conduct of Council Proceedings . (second reading) Recommendation: (1) Find that approval of the Ordinance adopting Rosenberg' s Rules of Order 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 an Ordinance that will select Rosenberg' s Rules of Order as the rules of order for the conduct of Council proceedings as well as the proceedings of all City Boards and Commissions . 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. ADJOURN ENT 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 27tn day of June 2013 . By: Dana Reed Interim City Clerk Page 9 of 9