2013-08-20 City Council Minutes (Special, Regular)MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, AUGUST 20, 2013, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Maisano, Ybarra, Martinez
MEMBERS ABSENT: Davis
The meeting of the City Council was called to order at 9:00 a.m.
by Mayor McCormick. Boy Scout Kristian Vasquez of Troup 419 led
the flag salute.
CHANGES TO THE AGENDA
Interim City Clerk Dana Reed announced that there are no changes
to the agenda.
PUBLIC COMMENT
Interim City Clerk Dana Reed announced that this was the time
allotted for public comment. Mayor McCormick inquired whether
anyone in the audience wished to address the City Council.
Boy Scouts Nick Delgadillo and Kristian Vasquez of Troup 419
presented a plaque to the City Council for their support of Boy
Scout events. Delgadillo reported on two successful pancake
breakfasts and thanked the Police and Fire Departments for their
assistance. They look forward to future events.
PRESENTATIONS
1. Personnel Matters – Service Pin Awards.
Mayor McCormick presented service pins to Engineering Associate
Rafael Contreras, Utilityman IV Brian Linnert, Staff Accountant
Angela Melgar, Account Clerk Hilda Moreno, and Business &
Account Supervisor Javier Valdez for their various years of
service.
The City Council recognized Public Safety Dispatcher Alexandra
Ronquillo, Firefighter/Paramedic Tyler Shook, and Public Safety
Dispatcher Ivette Alfaro for their many years of service as they
could not attend the meeting.
2. Presentation by Independent Reform Monitor John Van de
Kamp on his July 31, 2013, Report on the City of Vernon.
Independent Reform Monitor John Van de Kamp reported on his 5th
report. Van de Kamp advised that most of the principle reform
measures have been implemented or are in the process of being
implemented.
Van de Kamp cautioned that although things are going well, times
change and new challenges will emerge. He encouraged the City
to be watchful, keep informed, and address the needs of the
City. He clarified that his role is to make recommendations.
He does not administer the City nor does he have executive
power. The City has adopted many of his recommendations; his
intention is to protect the City.
Regular City Council Meeting Minutes
August 20, 2013
Page 2 of 16
Van de Kamp recalled that in his previous report he advised that
the City’s financial status was at risk. He reported that the
net assets have substantially decreased from 2007. Part of the
decrease was due to the City’s reluctance to increase taxes
during the recession. Too much money was going out and not
enough was coming in. He recognized that the City’s books are
now balanced. He reported on the City’s tax increases and
expense reductions. Finance Director William Fox will be making
quarterly presentations during City Council meetings.
One significant reform from Senator Kevin De Leon was the
creation of the Environmental Community Benefit Fund. Van de
Kamp reported on the adoption of Resolution No. 2011-149 which
dedicated $5 million per year for ten years towards local
community projects. However, the City could not and has not
provided said funding. The City has funded phases of two local
projects on a smaller scale. Furthermore, on the agenda this
day is a recommendation to amend Resolution No. 2011-149 and
allocate funding based on the City’s ability on an annual basis.
Van de Kamp reported that Interim City Clerk Dana Reed has
communicated the recommended changes to De Leon’s Office; no
objections have been received.
Van de Kamp recommended the reestablishment of the Advisory
Committee on Business Development. He emphasized the importance
of this committee as part of the businesses’ involvement and
understanding of the City’s budget to make intelligent
recommendations to the City Council. He urged the Chamber of
Commerce to seek interest from the businesses and make
appointment recommendations to the Council. This will ensure
that the Vernon businesses have a voice.
The study on the Police Department conducted by Matrix revealed
high proactive policing. Recommendations to contract with the
City of Maywood in order to provide them police services were
made. This will be a cost savings to the City of Maywood as
well as the City of Vernon. Van de Kamp encouraged the City to
revisit the recommendation as the Sherriff’s contract with the
City of Maywood is set to expire next year.
The housing development project is on track, in part, due to the
Council’s decision to contribute additional funds. Approval of
the tax credit for the project is anticipated. Van de Kamp
noted that by 2015, the new housing project will double or
potentially triple Vernon’s population.
Van de Kamp reported on the Vernon Housing Commission’s
implementation of the rental program and use of a third party
property management firm.
He reported on past challenges with voter fraud; an issue that
the City must be vigilant about. The relationship with PERS is
ongoing and Human Resources Director Teresa McAllister is in
communication on open issues. The City has issued its report to
JLAC; most of the issues they have raised have been addressed.
As determined by the City Administrator, Consultants have filed
their Form 700, Statement of Economic Interest.
Van de Kamp acknowledged that most of the recommendations made
by Senator De Leon or himself have either been implemented or
are anticipated to be implemented. Vacancies in the City has
slightly decreased, and based on reports provided by Light and
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August 20, 2013
Page 3 of 16
Power, there has been less than 1% load decrease on electricity
use. Although during the disincorporation efforts, businesses
were solicited to move to Texas, they remain in Vernon, and are
supportive.
As noted in his previous report, City Council deliberation and
discussions are encouraged as it raises issues and forces staff
to better educate the Council and public. He suggested that the
Council familiarize itself with the various processes and
approval requirements. A one-page summary could be provided by
the City Attorney’s office for reference. Part of the Council’s
role is to monitor the actions of its Executives.
In closing, Van de Kamp recommended long-term planning. For
example, budgeting for street maintenance, watershed planning,
storm water management, and other projects. He applauded the
City for their good work, as it has come a long way since 2011.
PUBLIC HEARINGS
1. Public comment on Conditional Use permit for U.S. Storage
Centers, Inc. located at 4250 Alameda Street.
Director of Community Services and Water Kevin Wilson advised
that this would amend a Conditional Use Permit (“CUP”) granted
to A-American Self Storage in 2003 for a long existing self-
storage facility. Wilson clarified that the applicant, U.S.
Storage Centers, Inc. has been operating the facility for over a
year and are proposing to purchase the property and business.
The recommendation grants the CUP to the property as opposed to
a specific user, makes changes to comply with existing law, and
addresses changes made to the zoning ordinance. Wilson reported
on three additional conditions. He noted that the existing use
can continue even though the zoning ordinance has been changed
to no longer allow this type of use.
At 9:47 a.m., Mayor McCormick opened the public hearing for
comment on the Conditional Use Permit for U.S. Storage Centers,
Inc. located at 4250 Alameda Street.
Jamie Alai of U.S. Storage Centers, Inc. advised that he has
reviewed the CUP and is in agreement.
With no further comments, at 9:48 a.m., Mayor McCormick closed
the public hearing to consider the approval of the Resolution
granting the CUP.
Resolution No. 2013-74 - A Resolution of the City Council
of the City of Vernon Granting a new Conditional Use Permit
to thereby amend Resolution No. 8176 and allow U.S. Storage
Centers, Inc. to Operate a Public Self-Storage Facility at
4250 Alameda Street in City of Vernon.
Recommendation
(1) Find that approval of the Conditional Use Permit is
categorically exempt under the California
Environmental Quality Act (“CEQA”) in accordance with
Title 14, Chapter 3, Class 1, Section 15301 because no
physical changes will occur as a result of this
approval; and
Regular City Council Meeting Minutes
August 20, 2013
Page 4 of 16
(2) Adopt a resolution amending Resolution No. 8176 to
thereby issue a new conditional use permit to allow
U.S. Storage Centers, Inc., to operate the existing
self-storage facility, subject to the conditions of
approval for the property located at 4250 Alameda
Street.
It was moved by Ybarra and seconded by Maisano to approve
Resolution No. 2013-74. Motion carried, 4-0.
CONSENT CALENDAR
It was moved by Ybarra and seconded by Maisano to approve the
matters listed on the Consent Calendar as presented. Motion
carried, 4-0.
Claims Against the City (to be received and filed)
1. None
Minutes Approval
2. Minutes of the Regular City Council Meeting held August 6,
2013, to be received and filed.
Warrant Registers
3. Approval of City Payroll Warrant Register No. 686,
totaling $2,998,000.62, which covers the period of June
16, through July 15, 2013, and consists of the following:
a. Ratification of direct deposits, checks and taxes
totaling $2,151,959.20; and
b. Checks and electronic fund transfers (EFTs) totaling
$846,041.42.
4. Approval of City Warrant Register No. 1384, totaling
$1,517,544.71, which covers the period of July 30, through
August 12, 2013, and consists of the following:
a. Ratification of wire transfers totaling $1,188,661.51;
and
b. Ratification of the issuance of early checks totaling
$217,624.15; and
c. Authorization to issue pending checks totaling
$111,259.05.
5. Approval of Light & Power Warrant Register No. 349,
totaling $4,926,636.64, which covers the period of July
30, through August 12, 2013, and consists of the
following:
a. Ratification of wire transfers totaling $4,643,050.22;
and
b. Ratification of the issuance of early checks totaling
$260,700.59; and
c. Authorization to issue pending checks totaling
$22,885.83.
6. Approval of Gas Warrant Register No. 137, totaling
$34,222.48, which covers the period of July 30, through
August 12, 2013, and consists of the following:
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August 20, 2013
Page 5 of 16
a. Ratification of the issuance of early checks totaling
$33,989.25; and
b. Authorization to issue pending checks totaling
$233.23.
Community Services and Water Department
7. Building Department Report for the month of July 2013, to
be received and filed.
8. Approval of a License and Maintenance Agreement by and
between the City of Vernon and First Industrial, LP
relating to property near 5553 Bandini Blvd.
Recommendation:
(1) Find that entering into a license and maintenance
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 a License and Maintenance Agreement by and
between the City of Vernon and First Industrial, LP
effective August 20, 2013, for the installation and
maintenance of a landscaping in a strip of land in the
City of Vernon right-of-way adjoining Pennington Way.
9. Acceptance of Work, Contract No. CS-0275, for Citywide
Concrete Repair and Replacement Project.
Recommendation:
(1) Affirm that accepting the work of Mora’s Equipment &
Construction, Inc. on the Citywide Concrete Repair and
Replacement Project, Contract No. CS-0275, 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
street.
(2) Accept the work by Mora’s Equipment & Construction,
Inc. as part of the Citywide Concrete Repair and
Replacement Project, Contract No. CS-0275.
Fire Department
10. Activity Report for the period of July 16, through July
31, 2013, to be received and filed.
Health and Environmental Control Department
11. July 2013 Monthly Report, to be received and filed.
Police Department
12. Activity Log and Statistical Summary of Arrest and
Activities for the period of July 16, through July 31,
2013, to be received and filed.
13. Authorization to Enter Into the Federal Equitable Share
Agreement and Annual Certification Report.
Regular City Council Meeting Minutes
August 20, 2013
Page 6 of 16
Recommendation:
(1) Find that the proposed agreement and annual
certification report with the U.S. Department of
Treasury and the U.S. Department of Justice for
continued participation in the Federal Equitable share
Program 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 Police Chief and City Administrator to
execute the Federal Equitable Share Agreement and
Annual Certification Report on behalf of the City of
Vernon for continued participation in the Federal
Equitable Share Program.
14. Approval of Drug Enforcement Administration Agreement.
Recommendation:
(1) Find that the proposed agreement with the Drug
Enforcement Administration for continued participation
in the Southwest Border Initiative taskforce 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 Police Chief to execute an agreement
with the Drug Enforcement Administration for continued
participation in the Southwest Border Initiative
taskforce.
NEW BUSINESS
City Administration Department
1. Authorization to Cancel the September 3, 2013, Regular
City Council meeting.
City Administrator Mark Whitworth advised that due to
conflicting schedules, there may be a lack of quorum. It was
verified with the Department Heads that there are no time
sensitive action items that need to be addressed before the next
regular meeting on September 17, 2013.
Additionally, with the holiday, Mayor McCormick opined that it
is a good idea to cancel the meeting.
It was moved by Ybarra and seconded by Maisano to cancel the
September 3, 2013, Regular City Council meeting. Motion
carried, 4-0.
2. Adoption of a Resolution amending Section 9 of Resolution
No. 2011-149 to create the Vernon CommUNITY Fund, and
Approval of the Professional Services Agreement with
Jemmott Rollins Group, Inc.
Resolution No. 2013-75 - A Resolution of the City Council
of the City of Vernon amending Section 9 of Resolution No.
2011-149 to Create the Vernon CommUNITY Fund.
Regular City Council Meeting Minutes
August 20, 2013
Page 7 of 16
Recommendation:
(1) Find that approval of the proposed resolution and
approval of the proposed professional services
agreement with Jemmott Rollins Group, Inc. 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 a Resolution amending Section 9 of Resolution
No. 2011-149 to change the Environmental and Community
Benefit Fund to the Vernon CommUNITY Fund, change the
composition of the managing committee as outlined in
this staff report, and require the City Administrator
to make recommendations to the City Council annually
regarding allocations for the Vernon CommUNITY Fund;
and
(3) Approve the Professional Services Agreement with
Jemmott Rollins Group, Inc. to provide consultation,
guidance, research and support to the City
Administrator’s office, for a period of three years.
The proposed agreement provides for compensation at
the rate of $250.00 per hour, in an amount not to
exceed $10,000 in any calendar month without the prior
authorization of the City Administrator. Under the
new Competitive Bidding and Purchasing Ordinance,
competitive bidding is not required (professional
services exemption). In addition, the City Council is
asked to grant an exemption from competitive selection
on the basis that it is in the best interests of the
City to make direct award of this contract as outlined
in the Staff Report.
As previously noted by Independent Reform Monitor John Van de
Kamp, Interim City Clerk Dana Reed reported on the amendment to
Resolution No. 2011-149 which changes the Environmental &
Community Benefit Fund to the Vernon CommUNITY Fund and
explained the changes. Reed further reported on the
professional services agreement with Jemmott Rollins Group, Inc.
and on a timeline for the project.
Reed clarified that this is not a new commitment and does not
include any new funding from what has been previously budgeted
for this fiscal year. It removes the $5 million per year
requirement, and instead allows for funding to be determined on
an annual basis.
The City Administrator’s Office is working on an ordinance that
will address the structure and functions of the committee. Said
ordinance will be presented to the Council for their
consideration.
Councilmember Ybarra is in favor of the recommendation as it
eliminates the City’s $5 million per year obligation. Future
funds will be allocated annually based on the City’s budget.
Ybarra inquired whether the grant coordinator is involved.
In response, City Administrator Mark Whitworth advised that the
grant coordinator, in its task to assist surrounding
communities, might look to the Vernon CommUNITY Fund for project
seed money.
Regular City Council Meeting Minutes
August 20, 2013
Page 8 of 16
Councilmember Ybarra inquired on the recording of all efforts
made by the City to help the surrounding communities including
expenses. In response, Whitworth advised that the Vernon
CommUNITY Committee, for example, will be subject to the Brown
Act. Everything will be on record as far as expenditures.
Independent Reform Monitor John Van de Kamp commented on the
City’s foresight to hire California Consulting, Inc. to develop
the grants that would help neighboring cities. The City should
be able to take credit for the support provided through
California Consulting as they are working for Vernon to help
other cities. Councilmember Ybarra concurred.
In response, Whitworth advised that for this reason the
committee has been renamed, so that Vernon can get the
recognition. He confirmed for Councilmember Ybarra that the
project has no sunset but rather funding will be based on budget
availability.
It was moved by Ybarra and seconded by Martinez to approve
Resolution No. 2013-75 and Professional Services Agreement with
Jemmott Rollins Group, Inc. Motion carried, 4-0.
Community Services and Water Department
3. Acceptance of the Fire Lane Easement on the 4550 Alcoa
Avenue property.
Recommendation:
(1) Find that approval of the proposed Fire Lane Easement
is categorically exempt under the California
Environmental Quality Act (“CEQA”) in accordance with
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) Accept the fire Lane Easement and authorize the Mayor
and City Clerk to execute said document.
Director of Community Services and Water Kevin Wilson advised
that fire access is needed at the subject property. The
proposed will provide adequate access for fire prevention. It is
an ongoing easement to keep the path free and clear.
It was moved by Maisano and seconded by Ybarra to accept the
Fire Lane Easement on the 4550 Alcoa Avenue property. Motion
carried, 4-0.
4. Acceptance and approval of the Grant Deed for street
dedication from Santa Fe Building 5332, LCC.
Recommendation:
(1) Find that approval of the proposed Grant Deed is
exempt from the California Environmental Quality Act
(“CEQA”) in accordance with CEQA guidelines Section
15301(c) because if any construction occurs as a
result of accepting and executing the Gran Deed, the
work would merely involve negligible expansion of an
existing street; and
(2) Accept and approve the Grant Deed and authorize the
Mayor and City Clerk to execute the Grant Deed.
Regular City Council Meeting Minutes
August 20, 2013
Page 9 of 16
Director of Community Services and Water Kevin Wilson reported
that the structure on the site has been demolished. A parking
lot will be built to serve neighboring properties. As part of
the improvements, an enlarged curb return is required so that
trucks can maneuver with more ease. The property owner has
agreed to dedicate the portion to the City. The City will own
the land once the deed is transferred to the City.
It was moved by Maisano and seconded by Martinez to accept and
approve the Grant Deed for street dedication from Santa Fe
Building 5332, LLC. Motion carried, 4-0.
Fire Department
5. Approval on the First Amendment to Contract Number C-
119623 between the City of Los Angeles and the City of
Vernon in connection to the 2009 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) Authorize the City Administrator to enter into the
First Amendment to Contract Number C-119623 between
the City of Los Angeles and the City of Vernon in
connection to the 2009 Urban Area Security Initiative
Grant.
Fire Chief Michael Wilson reported that the recommendation will
clean up the accounting books. Wilson reported on the
Department’s participation and use of funds. He advised that
the Fire Department did not spend all of the funds due to time
constraints, the amendment will return unused funds.
It was moved by Ybarra and seconded by Maisano to approve the
First Amendment to Contract Number C-119623 with the City of Los
Angeles in connection to the 2009 UASI Grant. Motion carried,
4-0.
6. Approval of Services Agreement with CARE Ambulance
Service, Inc. for BLS Ambulance Transport Services.
Recommendation:
(1) Find that approval of the agreement 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
(2) Authorize the City Administrator to enter into a
services agreement with CARE Ambulance Services, Inc.
for BLS Ambulance Transportation Services for a term
of three years, at no cost to the City. The agreement
is based on the City’s standard form, and includes the
relevant terms stated in the request for proposals.
Fire Chief Michael Wilson reported on the request for proposal
for the recommended services. The City received one proposal
from CARE Ambulance Service, Inc. (“CARE”). The Department has
worked with CARE in the past. Bowers Ambulance Services
Regular City Council Meeting Minutes
August 20, 2013
Page 10 of 16
currently provides the service, but the Department is not
satisfied with their services.
Wilson reported on CARE’s presence in surrounding communities.
The proposed is of no cost to the City. CARE will be
compensated solely by third party payers.
In response to Mayor McCormick concerns about emergency response
time. Wilson advised that the Fire Department will still
respond to incidents; their average response time is 2-3
minutes. CARE will provide BLS ambulance transport services.
It was moved by Maisano and seconded by Ybarra to approve the
Service Agreement with CARE Ambulance Service, Inc. for BLS
Ambulance Transport Services. Motion carried, 4-0.
Light and Power Department
7. Authorize the Director of Light and Power to Enter Into an
Agreement with California Utilities Emergency Association
(“CUEA”).
Recommendation:
(1) Find that 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 the standard CUEA Mutual Assistance Agreement;
and authorize the Director of Light and Power to
establish a departmental membership with the CUEA for
an annual fee of approximately $600.00 for the purpose
of providing support for disaster response and mutual
assistance for the Light and Power Department.
Director of Light and Power Carlos Fandino explained that CUEA
allows southern and northern California to interact for mutual
aid, and trade inventory items if needed. He advised that local
cities also participate in the association.
In response to Councilmember Ybarra, Fandino explained that the
City previously participated in a similar service through
Southern California Public Power Authority (“SCPPA”), but that
most utilities are participating in the proposed.
Fandino confirmed for Councilmember Maisano, that the City does
maintain its own inventory. However, if equipment is not
available for an extended period of time, the Association offers
a quick viable alternative at a cost.
City Administrator Mark Whitworth added that similarly to master
mutual aid agreements in the past, this offers a large resource
pool on a short term basis. It reduces risk and liability.
It was moved by Martinez and seconded by Ybarra to authorize the
Director of Light and Power to enter into an agreement with
California Utilities Emergency Association. Motion carried,
4-0.
8. Authorize the City of Vernon High Speed Internet Access
Residential Service Program.
Regular City Council Meeting Minutes
August 20, 2013
Page 11 of 16
Recommendation:
(1) Find that approval requested is exempt under the
California Environmental Quality Act (“CEQA”) in
accordance with: [a] 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
properties; and [b] under Guidelines Section 15273(a),
which exempts the establishment of charges such as
these that are to meet the City’s operating expenses,
purchasing supplies and other costs; and
(2) Approve the City’s establishment of a residential
internet access service program and direct staff to
take all appropriate steps to make internet
connections available to all existing and future
residences in the City, including but not limited to
the creation of all applicable forms; and
(3) Establish $100.00 as the one-time fee for new
residential internet customers and $40.65 as the
monthly fee for such customers; and
(4) Authorize the City Administrator to enter into
contracts with residents consistent with the rates
established by the City Council, provided the contract
are on a form approved by the City Attorney and filed
with the City Clerk.
Councilmember Ybarra announced that after consulting with legal
counsel, he has opted to excuse himself from discussions
concerning the proposed as there may be a conflict of interest.
Councilmember Ybarra exited the Council Chambers.
Director of Light and Power Carlos Fandino reported on the
recommendation to provide internet access to Vernon residents
and on the appropriate steps to implement. AT&T currently
provides the service to some of the residents at a cost of
approximately $51 per month. AT&T may potentially upgrade their
system in the near future.
The Light and Power Department along with the Fiber Optics
division own and operate the cabling system. The proposed will
provide a wireless solution to customers.
At the proposed rate the City could stand to gain approximately
$900 per month in revenue.
It was moved by Maisano and seconded by Martinez to authorize
the City of Vernon High Speed Internet Access Residential
Service Program. Motion carried, 3-0; Ybarra was not present
during the deliberation.
Councilmember Ybarra reentered the meeting.
9. Approval of Microsoft Enterprise Software and License
Agreement.
Recommendation:
(1) Find that approval is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with
Regular City Council Meeting Minutes
August 20, 2013
Page 12 of 16
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 Microsoft Enterprise Agreement (EA) for
the core package of Microsoft software license
utilized by the City for the term of three years in
the amount of $278,720.55. Microsoft software is
provided by third party vendor and cannot be acquired
through Microsoft directly. Staff is recommending
that Vernon contract with Insight Technology based
upon the terms and conditions offered to the County of
Riverside; pricing will not exceed the unit price
obtained by the County of Riverside. The Agreement
would thereby be exempt from competitive bidding and
competitive selection as a contract with other
governmental entities or their contractors for labor,
material or supplies. (Vernon Municipal Code, Section
2.1712(A)(5) and (B)(1))
Director of Light and Power Carlos Fandino reported on the
proposed software agreement.
Councilmember Ybarra sought clarification as he recalled
approval of software not too long ago. In response, Fandino
explained that the proposed is for all City users of Windows and
Microsoft Office. Fandino further clarified that Councilmember
Ybarra might be recalling the approval of the EDEN system
through Tyler technologies.
Finance Director William Fox added that the “piggyback”
agreement represents the best price, as efforts were made to
find the lowest price.
It was moved by Ybarra and seconded by Maisano to approve the
Microsoft Enterprise Software and License Agreement. Motion
carried, 4-0.
ORAL REPORTS
Police Chief Daniel Calleros reported on an assault with a
deadly weapon that occurred on August 15, 2013, in the 6200
block of Boyle Avenue. A business employee physically assaulted
a co-worker with a metal level over a work task dispute. The
suspect was later arrested, was cooperative, and confessed to
the crime.
Calleros reported that in July Isaac Bandt pled guilty to a life
sentence rather than face conviction of murder for a traffic
collation incident that resulted in the death of three people
back in December 2010. Calleros stated that the victim’s family
can now have peace.
Calleros noted an increase in auto thefts over the last few
months, specifically the theft of 1990’s Honda Civics. Most of
these thefts have occurred in the east sector of the City during
regular business hours. In speaking with other local agencies,
similar thefts have occurred. Patrol staff will be working with
investigators from the Bell Gardens Police Department as they
have experienced a similar spike in thefts.
Captain Michael Gillman announced that there was no vandalism to
report.
Regular City Council Meeting Minutes
August 20, 2013
Page 13 of 16
Fire Chief Michael Wilson reported on the hiring of a new
Administrative Assistant to fill the vacancy left by the PARS
early retirement personnel.
Wilson reported on plans to build a regional training site at
Fire Station No. 1 utilizing grant funds; approximately $200,000
has been secured.
Wilson reported on the near completion of the Electronic
Emergency Medical Reporting program which allows staff to
complete EMS reports on tablets and store records in a database.
Soon all of Area E, the south east region, will use similar
equipment and system.
The Fire Department is conducting its annual Trench Rescue,
Confined Space, and Rail Car training. Staff is completing
training on the new APEX Dual Band Radio equipment obtained
through grants.
Wilson reported on a train and vehicle incident on August 6,
2013. During the response, personnel also responded to a
bicyclist that had been struck by a vehicle nearby.
On August 7, 2013, the HazMat crew responded to a mutual aid
call in Montebello. A highly toxic acidic disinfectant was
identified; the crew neutralized the product. Wilson reported
on a traffic collision involving a bus and a power pole on
August 8, 2013. The bus veered off the road and collided with
the power pole injuring the driver.
Director of Community Services and Water Kevin Wilson presented
on the License and Maintenance Agreement with First Industrial,
LP previously approved under the Consent Calendar for the
maintenance of landscape in the City’s right-of-way. Consistent
with Van de Kamp’s recommendation to “green” Vernon, the
landscaping will have curb appeal and improve the look of the
City.
Wilson noted that the slurry seal street project continues.
Most of the construction is taking place during weekends.
Street closures are anticipated, local business are notified in
advanced.
Wilson reported on a train derailment that occurred the previous
night on Boyle Avenue. The incident caused a street closure;
staff is redirecting traffic as the closure continues this day.
He anticipates resolution later this day.
Wilson reported on an Assembly Bill. The Bill is being
considered and will impact Maywood Mutual which provides water
services for the City of Maywood. Wilson clarified that Maywood
Mutual #3 provides services for a portion of Vernon and may
provide services to the new housing development. They have
competitive rates but their water quality has come into
question, specifically the water color. AB240 would require its
Board of Directors to meet certain Brown Act requirements.
Also, the treatment of the water and costs associated with the
treatment are of concern. This cost could fall on the
community. As it progresses, Wilson may bring back the issue
for Council consideration.
Regular City Council Meeting Minutes
August 20, 2013
Page 14 of 16
In response to Councilmember Ybarra, Wilson advised that if
Maywood Mutual provides services to the new housing development,
the City will have some say on the matter. The City is a
property owner and therefore owns a portion of Maywood Mutual.
Director of Light and Power Carlos Fandino reported on a car hit
pole incident that occurred on August 8, 2013. The incident did
not cause an outage and pole replacement was not necessary.
On August 12, 2013, a power pole was severely damaged and
consequently replaced after a traffic collision. No outage or
interruption of service occurred. On August 18, 2013, a power
outage occurred when a bus hit a power pole. Pole replacement
was necessary.
Interim City Clerk Dana Reed commented on the Light & Power
Department’s quick response and resolution.
Fandino reported that the Fruitland project is in its final
phase. A bid request will be issued for overhead transformers
and other related equipment. The Department of Transportation
conducted an audit on the Gas Department. The City was in
compliance, there were no major issues.
Fandino reported on SB767 and AB2196 concerning bio methane use
to satisfy renewable portfolio standards. Staff is considering
whether to support or not support as there are other alternative
energy sources to consider.
Independent Reform Monitor, John Van de Kamp inquired on the
City’s redress after a driver damages a power pole. In
response, Finance Director William Fox advised that it is part
of the City’s Risk Management. Information on the incident is
collected and then the City seeks to get full restitution. Fox
clarified that the process is conducted for all property damage
incidents.
Fox reported on the commencement of the annual financial audit
conducted by Vasquez and Company; he anticipates completion by
December. Additionally, the cost allocation and fee study is
near completion. The final step is to compare the services
provided by the City versus the cost to provide said services.
Director of Health and Environmental Control Leonard Grossberg
reported that the Health Department responded to the power pole
incident on August 18, 2013, to address the oil spill cleanup.
The Department continues to monitor Exide Technologies’ status.
A meeting with the District Attorney’s office is anticipated
with all the agencies for possible enforcement actions, the
Health Department plans to attend. Grossberg reported on 4 Star
Chemical; toxins have been removed, pending is remediation of
possible contaminants in the soil.
Grossberg announced the Sustainable Development and Energy
Efficiency Commission meeting on August 21, 2013, at 3:30 p.m.
Human Resources Director Teresa McAllister reported that the web
based employee suggestion box is in good use. The
classification and compensation study is ongoing. Employee
Benefits Committee meeting is scheduled to review proposed
Regular City Council Meeting Minutes
August 20, 2013
Page 15 of 16
benefit plans for 2014. Said plans will be negotiated with all
of the bargaining units.
Assistant to the City Administrator Alex Kung announced the
Oversight Board of the Successor Agency to the Redevelopment
Agency meeting on September 5, 2013, and reported on the
anticipated action items.
Kung reported that in June, the Governor signed a bill that
started phasing out the enterprise zones throughout the state.
These zones provided a hiring tax credit. Instead, the Governor
is proposing an Economic Development Program to help incentivize
manufacturers, through certain equipment purchases incentives,
hiring tax credits, and income tax credits. Kung clarified that
although the City is not in an enterprise zone, this is an
opportunity to spur growth within the City, specifically with
manufacturers.
City Administrator Mark Whitworth advised that Van de Kamp’s
report as well as the latest Vernon Quarterly is available on
the City’s website. Departments are scheduled to conduct
presentation on their respective webpages commencing September
17, 2013. Whitworth announced the Vernon Housing Commission
meeting on September 11, 2013, at 6:00 p.m. and anticipated
agenda items.
As highlighted in Independent Reform Monitor John Van de Kamp’s
report, Vernon has implemented many changes, and has new members
on its executive team. Vernon can now look forward to the
future for long term planning.
CLOSED SESSION
Before going into closed session, City Attorney Nicholas
Rodriguez announced disclosure pertaining to closed session item
no. 2. Three Vernon employees claim they were misclassified and
therefore denied appropriate overtime compensation; the
implication, if not resolved, is litigation.
At 11:21 a.m. it was moved by Ybarra and seconded by Maisano to
go into closed session to discuss the items listed under closed
session. Motion carried, 4-0.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Daniel Simon vs. City of Vernon
Workers Compensation Appeals Board Case Nos. ADJ680433;
ADJ664369; ADJ4680486
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government
Code Section 54956.9(d)(2)
Number of potential cases: 3
Regular City Council Meeting Minutes
August 20, 2013
Page 16 of 16
3. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa
McAllister
Employee Organization: Teamsters Local 911.
4. 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.
At 11:57 a.m. it was moved by Maisano and seconded by Ybarra,
that the City Council exit closed session. Motion carried, 4-0.
City Attorney Nicholas Rodriguez announced that there was no
reportable action.
At 11:57 a.m., it was moved by Maisano and seconded by Ybarra,
to adjourn the meeting. Motion carried, 4-0.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Dana Reed
Interim City Clerk