20130702 Special City Council Meeting - Agenda (2) 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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assistance to participate in a city meeting, please contact the City Clerk' s office at
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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) .
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Special and Regular City Council Meeting Agenda
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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.
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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
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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 .
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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
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(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
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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
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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
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