2014-01-21 City Council Minutes (Special, Regular)MINUTES OF THE SPECIAL AND REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD TUESDAY, JANUARY
21, 2014, IN THE COUNCIL CHAMBER OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Ybarra, and
Martinez
MEMBERS ABSENT: None
The items listed under the Special Meeting portion of the
agenda, that is, closed session only, were deferred until the
conclusion of the Regular Meeting.
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The Regular Meeting was called to order at 9:00 a.m. by Mayor
McCormick. Robert Carlos of Mr. Galvan’s 5th Grade class at
Vernon City School led the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick advised that the City Council will address the
first two presentation items first. Public comment will be
heard soon thereafter.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards
Human Resources Director Teresa McAllister reported on Police
Officer Eugenio Cerda’s, Operations Manager Viet Nguyen’s and
Associate Resource Scheduler Edwin Ochoa’s service with the City
of Vernon. Mayor McCormick presented service pins to Nguyen and
Ochoa. McCormick acknowledged Cerda who was unable to attend
the meeting.
2. Vernon Elementary School’s 2014 Used Oil Recycling
Calendar Contest Awards to 5th grade students and sponsor
recognition plaques to supporting businesses.
Director of Health and Environmental Control Leonard Grossberg
welcomed the 5th Grade students of the Vernon City School. He
thanked the Vernon businesses and the various others who
assisted and helped support the used oil recycling calendar. It
is important for the children to learn about protecting the
environment.
Grossberg acknowledged Juliet’s Closet who funded the printing
costs for this year’s calendar.
Grossberg reported on the selection process and announced the
student award winners. Awards were also presented to Vernon
business sponsors.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for
public comment, and inquired whether anyone in the audience
wished to address the City Council. No one responded.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 2 of 17
ORDINANCES
1. ORDINANCE NO. 1218 - An Ordinance of the City Council of
the City of Vernon adding Article XX to Chapter 2 of the
Vernon Municipal Code to establish the Vernon CommUNITY
Fund Grant Committee pursuant to the provisions of the
City Charter of the City of Vernon and specifying the
membership and duties of said Grant Committee.
(first reading)
Recommendation:
(1) Find that approval and subsequent adoption of the
proposed ordinance establishing the Vernon CommUNITY
Fund Grant Committee 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 reading of the ordinance
establishing the Vernon CommUNITY Fund Grant Committee
and specifying the membership and duties of said Grant
Committee.
The item is a follow-up to the discussion from the previous City
Council meeting wherein the information in the ordinance was
presented. Legal Counsel Dana Reed advised that since then,
changes to the proposed ordinance have been made.
Changes include the following, the three members representing
the surrounding area may not be employed or reside within the
City of Vernon. Staggered terms have been developed for
Committee members. Through affirmative action of the City
Council, a former member of the Council may continue their post
as a member of the Vernon CommUNITY Grant Committee.
If a member of the Committee misses two or more consecutive
regular meetings, then said member will lose their seat. Reed
noted that the City Council can excuse an absence. If four or
more consecutive meetings are missed, then the position is
vacated.
The Executive Director’s ranking criteria was consolidated and
streamlined to five items. The Grant Committee will use the
same criteria to determine which applicants will receive the
grant funds.
As part of the oversight and audit, the Executive Director is
instructed to stop funding if the funds are not being spent
appropriately, or if insufficient information has been provided
to allow the Executive Director to make this determination. If
the recipients disagree their appeal can be presented to the
City Council.
Additionally, the Conflict of Interest Code provisions have been
strengthened. The Grant Committee is to adopt a Code shortly
after its formation.
Reed noted that the Vernon CommUNITY Fund Grant Committee
Ordinance was a team effort led by the City Administrator Mark
Whitworth. Senior Strategic Policy Advisor and Director of
Communications Advisor Fred MacFarlane was an essential part of
the process as was Deputy City Attorney Scott Porter.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 3 of 17
Reed introduced Jemmott Rollins of the Jemmott Rollins Group,
the advisor approved in August 2013 to help assist with the
project. Rollins introduced her staff, Hayley Roberts and James
Hull, and Consultant/Advisor Martha Segura.
Rollins presented on the proposed Vernon CommUNITY Fund website
and presented on the mission, goal, and purpose. The website
will be available through the City’s website within the upcoming
weeks. Rollins presented on the web portal were applicants can
submit their request for grant funds. The Grant Committee will
be able to review applications online.
Rollins noted that there will be a “level playing field” for all
applicants as technical assistance will be available in order to
comply with the application process. The application process is
designed to provide all information necessary to properly assess
the request.
City Administrator Mark Whitworth stated that the project is one
of the anchor points of the reform efforts. He noted the Vernon
CommUNITY Fund branding, which will become recognizable as the
project moves forward. Once adopted, the Ordinance will become
effective 30 days thereafter.
Marisa Olguin President of the Vernon Chamber of Commerce
acknowledged and applauded staff for all the hard work on the
ordinance. The Vernon CommUNITY Fund mission is very strong.
She noted a need for workforce development and training, and
hopes it is an outcome of the project.
Olguin recommended a change in the proposed Committee structure.
The committee member structure is intended to create a cross
section of representatives, but opined that those that work and
reside in Vernon should also have an opportunity to participate
as Committee members. She opined that community leadership
should be developed, and it would be beneficial to have members
who have an invested interest in the community. Olguin
recommended that the restriction on Vernon business employees or
residents should be deleted from the proposed Committee
structure.
Olguin is pleased with the staggered terms. The proposed
ordinance has solid checks and balances.
Councilmember Ybarra is in agreement with Olguin that Vernon
business employees and residents should not be restricted from
participating as a grant committee member. He moved to amend
the proposed ordinance to delete “but who neither work nor
reside within Vernon” from Section 2.158(b) of the proposed
ordinance. It was seconded by Davis. Motion carried, 5-0.
It was moved by Ybarra and seconded by Maisano to approve
amended Ordinance No. 1218 for first reading. Motion carried,
5-0.
PRESENTATIONS
3. Presentation on the Results of the City-wide
Classification and Compensation Study Conducted by Public
Sector Personnel Consultants.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 4 of 17
Recommendation:
(1) It is recommended that the City Council find that the
request to receive and file the results of the city-
wide classification and compensation study conducted
by Public Sector Personnel Consultants 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) It is recommended that the City Council receive and
file this report on the results of the City-wide
classification and compensation study conducted by
Public Sector Personnel Consultants.
Human Resources Director Teresa McAllister provided a background
on the study and summarized the process. The purpose of the
study was to analyze the salaries and classifications and
establish a comprehensive citywide classification and
compensation plan.
McAllister noted that the only request is for the City Council
to receive and file the information. No action or
recommendation is being made as there has not been an
opportunity for review and discussion. McAllister noted that
there has already been one dispute received from the Fireman’s
Association. Additionally, data has been received from Southern
California Edison.
McAllister reiterated that the information is to be received and
filed and it is not to be considered the City’s policy.
McAllister explained that the data reflect a snapshot in time.
Changes to MOUs could have occurred since the data was
collected. The data will need to be discussed with the
different bargaining units.
Project Manager Katherine Tilzer of Public Sector Personnel
Consultants reported on the process and the job analysis.
Tilzer presented on the results of the classification study.
She noted that Fair Labor Standards Act designations were also
reviewed.
Tilzer reported on the market data collection and the selection
of comparators. The data were collected from August to November
of 2013.
Tilzer explained the salary survey methodology and the structure
to structure comparison of the midpoints. The 75th percentile
was used as the threshold for comparison. The total
compensation was further reviewed, again using the 75th
percentile.
Tilzer reported on the proposed graded step pay plan that the
City has for consideration. The plan provides a standardized
separation between steps and grades.
Councilmember Ybarra inquired on the retirement cost, such as
the CalPERS contribution. In response, Tilzer explained that
the City’s cost is not part of the study, only that which a City
contributes as part of the employees’ cost is included. City
Administrator further explained the calculation and noted the
difference between the miscellaneous and safety employees.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 5 of 17
Finance Director William Fox further advised that the City of
Vernon follows common practice, that is, the employer and
employee pay their own portion. The City could contribute
towards the employees’ cost, but that practice was done away
with years ago.
Councilmember Ybarra inquired on longevity as there are
employees who receive for example 20% in longevity. In
response, Whitworth explained that only 5% longevity was used
for comparison purposes. If an employee was hired before 1994,
then they receive additional longevity pay; however, that
benefit is being phased out through retirement. Whitworth
explained that common practice is 5% longevity; additionally,
that is the benefit a new employee would be entitled to.
McAllister confirmed that the total compensation captures the
benefits that would be offered to a new employee.
In response to Councilmember Ybarra’s inquiry on the
implementation of the classifications, McAllister advised that
the classification plan will be brought back for City Council
approval as part of the next step. The compensation plan will
come after. There is a further need for an organizational
assessment and amendments to the City Code are necessary.
Independent Reform Monitor John Van de Kamp congratulated
McAlister on the study. The goal is to ensure that the City of
Vernon is not an outlier in terms of compensation. The data
reveals that the City is comparable to others. Van de Kamp
questioned the 75th percentile threshold. He understands the
need to hire good people and remain competitive, but wondered
why a 50th percentile could not be used. He is not advocating
that the threshold should be lower but opined that there needs
to be additional evidence or justification for the decision.
Van de Kamp noted that the City Attorney position compared high
against others. Since there is a vacancy, he recommended that
the City revisit the salary for this position. Van de Kamp also
encouraged the Council to review their own salaries as they are
on the high end of the comparison as well.
Stan Stosel of the International Brotherhood of Electric Workers
Local 47 echoed Van de Kamp’s comments and opined that it is an
excellent study. To Councilmember Ybarra’s concerns, Stosel
noted that the City of Vernon’s contribution towards employees’
CalPERS costs is less than others. Stosel advised that because
there are few comparables to some of the utility positions,
mistakes tend to exaggerate the impact. He will be reviewing
the information with the Human Resources Department.
Sandra Orozco, Maywood resident and Southeast Activist, agreed
with Van de Kamp and noted the City Council’s high compensation
in relation to others. She too opined that it is an excellent
report and encouraged the continued good work.
It was moved by Davis and seconded by Maisano that the results
of the City-wide Classification and Compensation Study Conducted
by Public Sector Personnel Consultants be received and filed.
Motion carried, 5-0.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 6 of 17
CONSENT CALENDAR
It was moved by Maisano and seconded by Martinez to approve the
matters listed on the Consent Calendar as presented. Motion
carried, 5-0.
Claims Against the City (to be received and filed)
1. None
Minutes
2. Minutes of the Regular City Council Meeting held December
3, 2013, to be received and filed.
3. Minutes of the Regular City Council Meeting held December
17, 2013, to be received and filed.
Warrant Registers
4. Ratification of City Warrant Register No. 1390 to record
voided Check No. 342815 in the amount of $946.67.
5. Approval of City Payroll Warrant Register No. 691,
totaling $1,547,136.71, which covers the period of
November 17, 2013, through December 14, 2013, and consists
of the following:
a. Ratification of direct deposits, checks and taxes
totaling $924,521.56; and
b. Checks and electronic fund transfers totaling
$622,615.15.
6. Approval of City Warrant Register No. 1392, totaling
$2,662,876.80, which covers the period of December 10,
2013, through January 13, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $1,990,985.75;
and
b. Ratification of the issuance of early checks totaling
$455,376.92; and
c. Authorization to issue pending checks totaling
$216,514.13.
7. Approval of Light & Power Warrant Register No. 357,
totaling $7,642,273.31, which covers the period of
December 10, 2013, through January 13, 2014, and consists
of the following:
a. Ratification of wire transfers totaling $7,574,840.55;
and
b. Ratification of the issuance of early checks totaling
$40,357.20; and
c. Authorization to issue pending checks totaling
$27,075.56.
8. Approval of Gas Warrant Register No. 145, totaling
$2,026,111.50, which covers the period of December 10,
2013, through January 13, 2014, and consists of the
following:
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 7 of 17
a. Ratification of wire transfers totaling $2,011,964.84;
and
b. Ratification of the issuance of early checks totaling
$13,939.38; and
c. Authorization to issue pending checks totaling
$207.28.
City Administration Department
9. Councilmembers’ attendance report to the California
Contract Cities Association 47th Annual Sacramento
Legislative Orientation Tour from January 5 through 7,
2014.
10. The following Proclamation was presented by the Mayor to
Thomas Stalberger at the Vernon Rotary Holiday Luncheon on
December 19, 2013:
A Proclamation of the Mayor and the City Council of the
City of Vernon commending and honoring Thomas Stalberger
of Stericycle, Inc., on his commitment and service to the
Community.
City Clerk Department
11. File the Vernon Local Appointments List with the Office of
the City Clerk and Direct Staff to Continue Updates as
Changes Occur.
Recommendation:
(1) Find that the filing of the Vernon Local Appointments
List with the City Clerk 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) File the December 19, 2013, Vernon Local Appointments
List with the Office of the City Clerk; and
(3) Direct City Clerk staff to continue to update, file
and post a revised Vernon Appointment List as changes
to the members of the various Commissions and/or
Committees occur; and
(4) Direct City Clerk staff to prepare and post a special
vacancy notice whenever an unscheduled vacancy occurs
in any Commission or Committee.
Community Services and Water Department
12. Building Department Report for the month of December 2013,
to be received and filed.
Fire Department
13. Activity Report for the period of December 1, through
December 15, 2013, to be received and filed.
14. Activity Report for the period of December 16, through
December 31, 2013, to be received and filed.
/ / /
/ / /
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 8 of 17
Police Department
15. Activity Log and Statistical Summary of Arrest and
Activities for the period of December 1, through December
15, 2013, to be received and filed.
16. Activity Log and Statistical Summary of Arrest and
Activities for the period of December 15, through December
31, 2013, to be received and filed.
NEW BUSINESS
City Clerk Department
1. Resolution No. 2014-01 - A Resolution of the City Council
of the City of Vernon amending the Conflict of Interest
Code for the City of Vernon that incorporates by reference
the standard model Conflict of Interest Code of the Fair
Political Practices Commission.
Recommendation:
(1) Find that the approval of the resolution amending the
Conflict of Interest Code 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 amending the Conflict of
Interest Code to require three newly identified staff
positions to file “Statement of Economic Interest”
Forms (known as the “Form 700”), and update certain
disclosure requirements; and
(3) Authorize staff to file all necessary and reasonable
related documentation, including the “Agency Report of
New Positions” (known as “Form 804”).
Deputy City Attorney Scott Porter reported on the recommendation
to amend the Conflict of Interest Code (“Code”) and authorize
staff file the necessary paperwork. The City is required to
have a Code for the purpose of informing the public of the
economic interest officials may have. As such, officials may
not participate in certain situations.
Porter reported that in the last few months, three new employees
have been hires whose positions were not listed in the Code
which was last amended in 2012. It is the Staff’s opinion that
it is necessary to amend the Code because the new hires’
positions are consistent with other filers.
In addition to the new filers, the amendment makes a slight
change to an existing position’s disclosure categories. Porter
expects that in the coming months, the Code will be revisited to
incorporate the new position titles as a result of the
classification study.
Porter noted and explained that the Code would also be revised
to clarify that it does not require disclosure outside of what
is legally allowed.
It was moved by Ybarra and seconded by Maisano to approve
Resolution No. 2014-01. Motion carried, 5-0.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 9 of 17
Community Services and Water Department
2. Resolution No. 2014-02 - A Resolution of the City Council
of the City of Vernon approving and accepting the grant
deed dedicating in fee a portion of the property located
at 3492 26th Street.
Recommendation:
(1) Find that accepting the 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 Grant Deed, the work would
merely involve negligible expansion of an existing
street; and
(2) Adopt the proposed resolution to authorize the Mayor
and City Clerk to execute the Certificate of
Acceptance and the Grant Deed for approximately 2,700
square feet of land located at 3492 26th Street.
Director of Community Services and Water Kevin Wilson request
that the City Council accept the Grant Deed. He explained that
when a property is developed, the City has the authority to
require the dedication of a portion of the property. Wilson
advised that the request will meet the City’s Master Plan of
Streets.
In response to Mayor Pro-Tem Davis’ inquiry, Wilson advised that
there is a power pole on the property, but that relocation of
the pole is not being requested. The sidewalk will be widened.
It was moved by Davis and seconded by Martinez to approve
Resolution No. 2014-02. Motion carried, 5-0.
3. Approval of the Cooperative Agreement between the Los
Angeles County and the City of Vernon for the Installation
of a Traffic Control System.
Recommendation:
(1) Find that the approval of the proposed Cooperative
Agreement between the City of Vernon and the Los
Angeles County is exempt from the California
Environmental Quality Act (“CEQA”) in accordance with
(a) CEQA Guidelines Section 15301(c), because the
proposed action would merely involve minor
improvements to the existing traffic lights which
would involve negligible or no expansion of the
existing use on the streets; and (b) CEQA Guidelines
Section 15301(d) because the work rehabilitates
existing facilities or structures to meet current
standards of public health and safety; and
(2) Approve the Cooperative Agreement and authorize the
Mayor and City Clerk to execute the agreement.
Director of Community Services and Water Kevin Wilson reported
that the County has received grant funds through the
Metropolitan Transportation Authority to install traffic
monitoring system in order to synchronize signals and provide
immediate notification of any issues.
Wilson advised that the request for proposals was issued in
2011; it took two years to reach a cooperation agreement.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 10 of 17
TransCore Engineering was retained for the installation of the
system. The City will enter into a separate agreement with
TransCore Engineering. Wilson noted that the City will be
receiving funds from the County for this expense. County will
also be conducting work throughout the City to upgrade several
signal controllers and cabinets.
Wilson advised that at the conclusion of the project the City
will be responsible for maintenance costs of approximately
$16,000 per year for four or more years.
It was moved by Maisano and seconded by Ybarra to approve the
Cooperative Agreement with the Los Angeles County for the
Installation of a Traffic Control System. Motion carried, 5-0.
4. Accept the Fire Lane Easements for 3222 and 3232
Washington Boulevard (Camfield Washington 1, LLC).
Recommendation:
(1) Find that the Fire Lane Easements are 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 two Fire Lane Easements and authorize the
Mayor and Deputy City Clerk to execute said document.
Director of Community Services and Water Kevin Wilson reported
on the construction of two new buildings. A fire lane easement
is recommended to ensure access for emergency vehicles is
maintained.
It was moved by Davis and seconded by Martinez to approve the
Fire Lane Easements for 3222 and 3232 Washington Boulevard
(Camfield Washington 1, LLC). Motion carried, 5-0.
Light and Power Department
5. Award of Bids and Purchase Contracts to Young and Company
(Howard Industries) and Pacific Utilities/Power Partners
(ABB) for Distribution Transformers for the Light & Power
Department, Rejection of Other Transformer Bids (Bid
Specification #TR3-2013OH), and authorization to Re-Bid
Certain Items.
Recommendation:
(1) Find that the approval requested is exempt under the
California Environmental Quality Act (“CEQA”) in
accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an
effect on the environment because purchasing
replacement transformers is a purely administrative
function that will have no effect on the environment;
and
(2) Determine that the following companies were the lowest
responsive and responsible bidders for bid
specification #TR3-2013OH, relating to the purchase of
distribution transformers:
a. Young & Company (Howard Industries) for bid items:
1-6, 8, 21-29, 33, 34 and 40.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 11 of 17
b. Power Partners c/o Pacific Utilities (ABB) for bid
items: 7, 9-18, 20, 30-32, and 35-39.
(3) Authorize the Purchasing Department to issue purchase
order contracts as follows:
a. Young & Company (Howard Industries) for bid items
1-6, 8, 21-29, 33, 34 and 40, in a grand total
amount not to exceed $151,798.
b. Pacific Utilities c/o Power Partners (ABB) for bid
items 7, 9-18, 20, 30-32, and 35-39 in a grand
total amount not to exceed $277,307.
(4) Reject all bids for items 19 and 41-43 for two
independent reasons: (a) all submitted bids were non-
responsive; and (b) the city may reject all bids and
re-bid the item.
(5) Authorize staff to issue a new notice inviting bids
for items 19 and 41-43 in substantially the same form
as prior bids for said items.
Director of Light and Power Carlos Fandino reported on the
request to issue purchase orders, reject bids, and issue a
notice inviting bids.
It was moved by Maisano and seconded by Ybarra to award bids and
purchase contracts to Young and Company (Howard Industries) and
Pacific Utilities/Power Partners (ABB) for distribution
transformers for the Light & Power Department, reject other
transformer bids (Bid Specification #TR3-2013OH), and authorize
the re-bid of certain items. Motion carried, 5-0.
6. Bicent California Malburg’s Request that the City Approve
Documents to Allow Bicent to Refinance its Malburg
Generating Station.
Recommendation:
(1) Find that the approval requested is exempt under the
California Environmental Quality Act (“CEQA”) in
accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an
effect on the environment because authorizing
refinancing will not cause or allow any physical
changes to the environment; and
(2) Authorize the City Administrator to approve all
documents the Administrator deems reasonably necessary
for the City to allow Bicent California Malburg to
refinance its loans secured by the Malburg Power
Plant, provided that such documents do not
substantially alter in any material respects the
City’s existing legal rights under the existing Bicent
financing. Further authorize the Administrator to
approve a “Subordination Deed of Trust” and a “notice
of Refinancing and Consent Acknowledgment” in a form
similar to those provided with the staff report.
Director of Light and Power Carlos Fandino advised that the
request will have no financial effect on the Light and Power
Department. Bicent California Malburg (“Bicent”) is seeking
authorization to refinance its Malburg Generating Station.
In response to Mayor Pro-Tem Davis, Fandino advised that the
agreement with Bicent extends to approximately 2025.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 12 of 17
Bob Gutterman Vice President of Finance at Crown Poly and Member
of the Advisory Committee on Electric Rates (“ERC”) objected to
the recommendation.
Gutterman opined that the proposed recommendation should have
been brought before the ERC for review.
Gutterman reported on his experience with a similar transaction
that over time had a cost impact of $1 million to the
organization. The recommendation is not as simple as it
appears.
Gutterman reported on his work experience and offered his
services to review the documents. He advised that the
underlying credit loan agreements need to be reviewed carefully
as its effects can impact the City greatly. He advised that
there is not sufficient documentation presented to make that
review.
In response, Deputy City Attorney Scott Porter advised that the
recommendation complies with the existing Bicent agreement. The
recommendation is a ministerial obligation of the City and
unless the City is aware of any legal reason to object then the
City will need to approve the request. He advised that he and
outside legal counsel have reviewed the documents and are not
aware of any grounds for objection. The City has required that
as part of the condition of escrow closing, requested
documentation that any previous obligations expire and that the
proposed documents will replace any other obligations.
In response to Councilmember Ybarra’s concerns, Porter confirmed
that Legal Counsel will review all documents prior to the City
Administrator’s execution. Porter further advised that
Gutterman may have an opportunity to review the documents but on
a short term basis as there is a pending escrow closing date.
If a legal reason to object is identified, then the City
Administrator would be advised not to execute the documents.
It was moved by Maisano and seconded by Ybarra to authorize the
City Administrator to approve all documents to allow Bicent to
refinance its Malburg Generating Station after Legal Counsel
review. Motion carried, 5-0.
OLD BUSINESS
Community Services and Water Department
1. Acceptance of Work for Contract No. CS-0363, Citywide Cold
Planing and Striping, Phase I.
Recommendation:
(1) Affirm that accepting the work of Palp, Inc. dba Excel
Paving Company, for the Citywide Cold Planing and
Striping, Phase I Project, Contract No. CS-0363, is
exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15301, Existing
Facilities, part (c), existing highways and streets,
because the project is merely to repair existing
streets; and
(2) Accept the work by Palp, Inc. dba Excel Paving
Company, as part of the Citywide Cold Planing and
Striping, Phase I Project, Contract No. CS-0363.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 13 of 17
Director of Community Services and Water Kevin Wilson recommends
that the Council accept the work so that the final payment can
be issued.
It was moved by Davis and seconded by Martinez to accept the
work for Contract No. CS-0363, Citywide Cold Planing and
Striping, Phase I. Motion carried, 5-0.
ORAL REPORTS
Police Chief Daniel Calleros reported that Officers responded to
a man down on December 27, 2013. After repeated life saving
measure, paramedics were unable to revive the person. The cause
of death is yet to be determined, but Calleros advised that no
foul play is suspected.
On January 1, 2014, an armed robbery was reported in the 2600
block of Santa Fe Avenue. Two female victims had met males at
an earlier party and while driving to another location, the
suspects driving the vehicle stopped and robbed the two females
at gunpoint. The female victims were told to exit the vehicle
and the suspects fled the scene.
On January 7, 2014, an injury traffic collision involving a
tractor/ trailer was reported in the 3200 block of Slauson
Avenue. It is suspected that the driver suffered a medical
episode causing his collision with a traffic signal and large
tree. Fire personnel performed CPR and transported him to a
local hospital, but the driver expired shortly thereafter.
On January 13, 2014, a member of the Special Enforcement Team,
observed a truck leaving the secured parking lot of a business
that was known to be closed for the evening. The business had
recently reported truck battery thefts. The truck was stopped
by a patrol officer who discovered 11 car batteries in the bed
of the truck. Further investigation revealed that the batteries
had been stolen from several trucks parked at the business.
Calleros commended staff on their great observation and follow
up.
Calleros reported on a copper wire theft that occurred on
January 20, 2014. Two suspects were arrested and charged with
burglary. Detectives will be reviewing similar cases to
determine if the two suspects are connected to other reported
copper wire thefts.
Calleros reported on an incident in which a Vernon business
received a telephone call from an individual representing
himself as a City employee demanding payment for a past due
water bill, and threatening to disconnect service if payment was
not receive. The caller demanded payment in the form of a
prepaid cash card. Fortunately, the victim called the City to
confirm and was advised that there was no past due bill. The
City has mailed an advisory notice to all Vernon businesses
notifying them of the potential scam.
Lieutenant Robert Sousa reported vandalism on December 21, and
28, 2013, that resulted in arrests. There was a second
vandalism on December 28, 2013, that resulted in a private
person’s arrest.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 14 of 17
Mayor McCormick reported vandalism on District, east of the
Thermador property. He advised that several traffic signal
boxes around the city have been vandalized.
Fire Chief Michael Wilson reported on the Spark of Love toy
drive’s success. Food truck inspections will take place January
27-30, 2014, at Fire Station No. 1. He advised that the
Department is concluding its confined space training and has
completed its multi-company night drills.
Wilson noted a recent increase in incident responses. On
December 27, 2013, Crews responded to a man down. After
extensive life saving measures the individual was pronounced
dead.
On January 2, 2014, Crews responded to a vehicle fire, arson is
suspected. On January 3, 2014, there was a non-injury traffic
collision involving a freight train and vehicle. On January 5,
2014, there were two different single vehicle traffic collision
incidents; both incidents had patients that were transported to
local hospitals.
Wilson reported on the January 7, 2014, incident Chief Calleros
had previously reported. Wilson advised that on January 16,
2014, Crews were dispatched to assist with the Colby Fire. One
of the crews was actively engaged in fighting the fire. Wilson
advised that the fire is now 84% contained.
On January 17, 2014, crews responded to a recycling yard fire in
Montebello; additional units were called due to high winds. On
the same day, Crews responded to an odor investigation. With
the assistance of Light and Power and Health and Environmental
Control staff, illegal discharge into the sewer by a local
business was identified. A violation notice was issued and
operations were shut down.
Director of Community Services and Water Kevin Wilson reported
an increase in construction value within Vernon from
approximately $27 million in 2012 to approximately $57 million
in 2013.
Wilson reported on the approval of additional funding by the
California Transportation Authority for the Atlantic Bridge
Project. Construction is expected to commence in 2015.
Wilson reported that the South Coast Air Quality Management
District (“SCAQMD”) issued a violation notice to the City for a
generator located at City Hall that was determined to be too
close to the Vernon City School. SCAQMD is requiring that the
equipment be retrofitted. Wilson advised that due to the aging
equipment staff is comparing retrofit versus replacement costs.
In response to Mayor Pro Tem Davis’ inquiry, Wilson advised that
a proposed bid request will be presented at the next City
Council meeting to address the Fruitland Avenue Project.
Director of Light and Power Carlos Fandino reported power
outages on December 19, 2013, January 9, 2014, and January 14,
2014.
Fandino reported on his planned attendance to the California
Municipal Utilities Association Capital Day in the upcoming
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 15 of 17
week. He plans on meeting with the Governor’s Advisor as well
as various Assembly and Senate members. Fandino will be
additionally be discussing biomethane with the California Energy
Commission.
The Gas Division is moving forward with construction at Farmer
John to provide service. Over the holiday, the underground
capital project on 50th Street was completed.
Finance Director William Fox reported that the actuarial report
for the financial audit is still pending. The audit will be
presented to the City Council once it is finalized. March 15,
2014, is the deadline.
Fox reported on the implementation of two new EDEN system
modules for the business license and parcel tax. As part of the
good governance reform, Fox is working on updating existing
policies and procedures to comply with the state auditor; the
item is forthcoming.
Director of Health and Environmental Control Leonard Grossberg
announced that the “no further action” letter was issued by the
Department of Toxic Substances control regarding the Thermador
site cleanup. The housing development project can now move
forward. Grossberg announced the annual food truck inspections.
Human Resources Director Teresa McAllister announced the
employee informational meetings scheduled for January 22, 2014.
She reported on the meeting with the management and confidential
employee group. The Vernonite employee newsletter is scheduled
to be distributed by the end of the week. McAllister reported
on upcoming customer training, which was suggested by an
employee.
Assistant to City Administrator Alex Kung reported on items that
are to be presented at the next Oversight Board to the Successor
Agency of the Redevelopment Agency meeting on February 6, 2014.
Kung announced the close of sale on the Angelus Can property to
Whole Foods. Demolition is anticipated in February,
construction to be completed by the end of the year.
Senior Strategic Policy Advisor and Director of Communications
Advisor Fred MacFarlane reported on potential future events that
would involve Council participation. MacFarlane advised on
communications to announce projects such as the Vernon CommUNITY
Fund. He reported on the potential outreach to Kern County
officials as the City looks further into potential projects at
Jawbone Canyon.
City Administrator Mark Whitworth reported on the release and
availability of the Vernon Quarterly. He advised that
Independent Reform Monitor John Van de Kamp’s six month report
is due by the end of the month.
Whitworth reported that the Air Quality Management District
approved amended Rule 1420.1 on January 10, 2014, imposing more
stringent emission standards. Ongoing hearings regarding Exide
Technologies continue concerning their compliance with
previously existing rules. Staff is monitoring the situation.
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 16 of 17
Whitworth advised that applications for the expiring terms on
the Sustainable Development and Energy Efficiency Commission are
due by the end of the week. The Joint Legislative Audit
Committee (“JLAC”) is working on the city’s response and
outstanding items.
Whitworth reported on the City Council members’ and Fire Chief’s
anticipated attendance to the Independent Cities Association
Conference on January 31, 2014.
Whitworth announced the closing of the nomination period for one
seat on the City Council on January 13, 2014. Incumbent Luz
Martinez was the only person to file nomination papers. The
City will hold its Election on April 8, 2014, as part of its
reform efforts.
Whitworth reported on plans to address the Advisory Committee on
Business Development by incorporating some of the elements of
the two Commissions and potentially merging it with the Advisory
Committee on Electric Rates.
PUBLIC COMMENT
Mayor McCormick allotted time for public comment to provide
Southeast Political Activist Sandra Orozco an opportunity to
state her general comments, as she was not in attendance during
the initial public comment period. No other member of the
public wished to speak on any other matter.
Orozco opined that Vernon should be a model for many other
cities. She commended the staff on the meeting’s execution.
Orozco noted the plans to move forward with the housing
development project and announced her intentions to apply for
housing.
CLOSED SESSION (SPECIAL MEETING)
At 11:50 a.m., it was moved by Maisano and seconded by Martinez
to go into closed session to discuss the item listed under
closed session. Motion carried, 5-0.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (5)
Government Code Section 54956.9(d)(1)
Ortiz v. Los Angeles County Metropolitan Transportation
Authority, et al.
Los Angeles County Superior Court Case No. BC525587
Bruce Malkenhorst, Sr. v. California Public Employees’
Retirement System, Board of Administration of California
Public Employees’ Retirement System, et al.
California Court of Appeal Case No. G047959
Bruce Malkenhorst, Sr. v. City of Vernon, et al.
Los Angeles Superior Court Case No. BC516321
In the Matter of the Calculation of Final Compensation of
Bruce Malkenhorst, Sr.
Office of Administrative Hearings Case No. 2013080917
CalPERS Case No. 2012-0671
Special and Regular City Council Meeting Minutes
January 21, 2014
Page 17 of 17
Jurupa Avenue Limited Partnership v. City of Vernon, et
al.
Los Angeles Superior Court Case No. BC516913
At 12:12 p.m. it was moved by Davis and seconded by Maisano,
that the City Council exit closed session. Motion carried, 5-0.
Deputy City Attorney Scott Porter announced that there are no
reportable actions.
At 12:12 p.m., with no further business, Mayor McCormick
adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk