2014-06-03 City Council Minutes (Special, Regular)MINUTES OF THE SPECIAL AND REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD TUESDAY, JUNE 3,
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
SPECIAL MEETING
The Special meeting of the City Council was called to order at
7:30 a.m. by Mayor McCormick.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for
public comment on the Special meeting portion of the Agenda, the
Budget Study Session only, and inquired whether anyone in the
audience wished to address the City Council. No one responded.
BUDGET STUDY SESSION
1. Review of proposed budgets for fiscal year 2014-2015 for
the following departments:
Fire Department
Health and Environmental Control Department
Police Department
Fire Chief Michael Wilson conducted the public budget study
session and review of the proposed budget for the Fire
Department. Wilson noted that the increase in capital
expenditures is due to the proposed training center.
Councilmember Ybarra recalled that in previous budget reviews,
the Fire Department was over budget by approximately $2 million,
and inquired whether this issue had been addressed. He noted
that the proposed budget remains relatively the same as in
previous years.
In response, Wilson advised that the department is currently
approximately $600,000 over the budget. Finance Director
William Fox further advised that the over budget is due to
overtime expense, the PARS early retirement incentive and
additional operating costs.
Wilson also explained that grant reimbursement funds are often
delayed in the process, and therefore not captured timely within
the budgets
Councilmember Ybarra inquired whether there was any succession
planning for the Department. In response, Wilson reported that
one new hire is proposed for the upcoming fiscal year. He
anticipated that there will be many retirees in the next three
to five years. He reported that there is no Fire Marshal; the
responsibilities are being performed by Fire Code Inspector
William “Bill” Wilson.
Councilmember Ybarra inquired whether operating four Fire
Stations is necessary. In response, Wilson advised that the
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May 20, 2014
Page 2 of 17
Council has the authority to determine whether the City wants to
maintain its Class 1 rating or reduce the number of Fire
Stations and go to a Class 2 rating. He noted that a change
would impact insurance premium costs for businesses. Wilson
advised that the proposed training center will assist the
department in maintaining the Class 1 rating.
Fox further advised that Wilson and staff have been extremely
aggressive in searching for grant opportunities so that projects
such as the training center can come to fruition.
Councilmember Maisano commended the Fire Chief for working
through the staff reduction and aggressively pursuing grant
funds to off-set costs.
Mayor Pro Tem Davis sought an update on the I-710 expansion
project which identifies Fire Station 4 as subject to eminent
domain. In response, Director of Public Works, Water and
Development Services Kevin Wilson reported that the
Environmental Impact Report (“EIR”) was circulated. Thousands
of comments were received; he anticipates that the proposal
would need to be revised to address the concerns. Wilson
explained that unless the EIR is approved, the project will not
move forward; the City cannot request funds from CalTrans for
the relocation of Fire Station 4 unless this occurs.
Director of Health and Environmental Control Leonard Grossberg
conducted the public budget study session and review of the
proposed budget for his department. Grossberg advised that the
budget remains relatively stable. There were no questions of
staff from Council on the proposed budget for the Health and
Environmental Control Department.
Police Chief Daniel Calleros conducted the public budget study
session and review of the proposed budget for the Police
Department. The Department’s goal is to reduce expenditures
while still maintaining the same level of service. He noted the
approximately 32% reduction in staffing over the last five
years. Calleros highlighted the implementation of the online
crime reporting system. Crime levels have remained relatively
low and stable. He advised that the Police Department also is
facing succession planning concerns.
Calleros noted changes in the department’s fee schedule
including a reduction to the vehicle release fee. Businesses
will be charged for false security alarm calls, starting with
the fourth call within a fiscal year. Calleros noted that the
goal is not to penalize the businesses, but rather reduce the
responses to false alarms. There were no questions of staff
from Council on the proposed budget for the Police Department.
With no further discussion, at 8:25 a.m., the Special Meeting of
the City Council was adjourned.
REGULAR MEETING
The Regular meeting of the City Council was called to order at
9:00 a.m. by Mayor McCormick; Mayor Pro Tem Davis led the flag
salute.
Special and Regular City Council Meeting Minutes
May 20, 2014
Page 3 of 17
CHANGES TO THE AGENDA
Mayor McCormick announced that there are no changes to the
agenda.
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.
PRESENTATIONS
1. The California Highway Patrol “10851” Grand Theft Recovery
Award presentation recognizing Officers Fernando
Valenzuela, Luis Vasquez, and Richard Villegas.
Police Chief Daniel Calleros recognized the officers for their
efforts. He reported that Officers Valenzuela and Vasquez have
previously received the award. This is the first for Officer
Villegas. Calleros reported on the criteria in order to be
eligible for the award. Captain Damon Gilmore of the California
Highway Patrol and AAA representative presented the officers
with the award.
PUBLIC HEARINGS
1. Public hearing to consider all oral and written evidence
given by Appellant and the City, including the
administrative record of the hearing, regarding the appeal
of the Special Warehouse Parcel Tax for Coastal Closeouts,
Inc. DBA West Coast Rags (APN 6308-014-038).
Recommendation:
(1) Find that the appeal by Coastal Closeouts, Inc. dba
West Coast Rags of the special parcel tax with respect
to parcel number 6308-014-038 is not a project subject
to the California Environmental Quality Act (“CEQA”)
pursuant to California Code of Regulations Section
15378(b)(4) and, furthermore, would be exempt from the
requirements of CEQA pursuant to the California Code
of Regulations Section 15061(b)(3) general rule that
CEQA only applies to projects that may have an effect
on the environment; and
(2) Conduct a public hearing pursuant to Section 5.62(c)
of the City Code regarding the tax appeal by Coastal
Closeouts, Inc. dba West Coast Rags of the special
parcel tax with respect to parcel number 6308-014-038
and deny the appeal. It is further recommended that
the City Council (a) find that the facts stated in
this staff report are correct; (b) find that all of
the factual assumptions made within the legal analysis
of the City’s Special Counsel are correct; and (c)
establish that this staff report, including the
memorandum of the City’s Special Counsel, shall serve
as the findings of fact for this appeal.
Special Counsel Mark Mandell explained that the process will be
different from other public hearings as this is an appeals
process on the determination made by the Public Works, Water and
Development Services Department on the appeal to the special
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May 20, 2014
Page 4 of 17
parcel tax submitted by Coastal Closeouts, Inc. DBA West Coast
Rags (“appellant”).
Mandell explained that it will be a quasi-judicial hearing in
that testimony of staff and appellant will be heard; after
which, based on the evidence the Council will decide whether the
law was applied correctly. Mandell cautioned that this is not
an opportunity to discuss whether the law is right; the Council
has the authority to address and change the law in the future if
it so chooses.
Mandell further explained that Director of Public Works, Water
and Development Services Kevin Wilson will serve as a witness
for this defense, and will need to be sworn in by the Deputy
City Clerk. Likewise, the appellant and any of his witnesses
will also need to be sworn in. The Council will be the judges.
Deputy City Attorney Zaynah Moussa will be Council’s counsel.
Mandell advised that he will be presenting on the City’s behalf.
The Council is free to ask questions of staff, counsel, or
appellant. At the conclusion of the proceedings, the City
Council will either find that the Public Works, Water and
Development Services Department is correct, find that it is
incorrect, or continue the hearing until the next meeting.
Mandell explained that if staff is found to be correct,
Council’s decision would also adopt the memorandum provided in
the administrative record. Council has the authority to amend
any of the facts if they do not agree.
Mandell presented on behalf of the City the various findings.
Mandell reported and explained the appellant’s operation. He
concluded that for these reasons the operation has been
categorized as a whole sale and not manufacturing production.
He noted that the definition of a warehouse is cited in the
memorandum and further explained how the warehouse tax is
applied.
Mandell explained that the issue is whether the operation is a
manufacturer, or a wholesale/warehouse as the special warehouse
parcel tax does not provide for a definition of a wholesale
operation.
Witness, Director of Public Works, Water and Development
Services Kevin Wilson, was sworn in to provide his testimony.
Wilson presented on the special warehouse parcel tax and on the
inspection of the facility conducted by staff. Staff found that
the majority of the operation involves the sorting and bailing
of clothing and shoes. No value is being added to the product.
Wilson reported on Vernon Municipal Code 26.2.6 which states
that industry and industrial use shall mean the manufacture or
production of certain goods and specifically excludes tasks
primarily consisting of collecting, sorting, shipping,
distributing, or inspecting goods.
In the application, the appellant described the operation as
sorting clothing and selling to third world countries.
Additionally, the certificate of occupancy sites that the
facility will be subject to the special warehouse parcel tax.
Wilson further reported on his findings and recommended that the
appeal be denied. He requested that Council determine that the
findings in the staff report and memorandum are correct.
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May 20, 2014
Page 5 of 17
Wilson reported that if the findings are not determined to be
correct, the fiscal impact would result in a direct reduction of
approximately $55,000 in revenue. Additionally, similar
businesses could appeal which could reduce the revenue by
approximately $210,000.
Moussa advised that the appellant has the opportunity to cross-
examine the witness and ask any questions. The appellant had no
questions.
Appellant, Chuck Bates of Coastal Closeouts, Inc. DBA West Coast
Rags, was sworn-in by the Deputy City Clerk. Bates explained
that the issue is what is being considered a warehouse
operation. He explained that the large bails of clothing in his
production are the raw materials and that due to the labor
intensive process the business is more like a manufacturer.
Bates expressed the importance of the labor component. He
opined that staff’s reporting of the process failed to capture
this component.
Mayor McCormick opened the hearing for public comment. There
was no comment from the public. Mayor McCormick inquired
whether staff had any final comments.
Mandell responded that staff made a reasonable determination
that the operation is a warehouse.
Moussa advised Bates that this is the opportunity to ask
questions or make comments. In response, Bates added that the
operation is more like an assembly operation than a warehouse.
The material that is being sorted would have gone to a landfill
had it not been for Costal Closeouts, Inc.; the operation can
also be considered a recycling facility. Bates reemphasized the
labor intensive process.
Mandell asked Wilson if it was unusual for warehouse operations
to involve the sorting of material or whether the operation was
limited to the moving of boxes. In response, Wilson advised
that there are all types of warehouse operations, including
those that perform some assembly before shipping.
Wilson confirmed for Mandell that the appellant was not unique
in his process.
Bates inquired whether there were other warehouses with such a
labor intensive process or high payroll costs, Wilson advised
that he was not aware of payroll expenses but that there are
operations that require a number of employees.
Bates advised that the company sells to third world countries,
and that the cost to do business cannot be passed-on to the
customers.
At 9:34 a.m., with no further comments or questions, Mayor
McCormick closed the public hearing.
It was moved by Davis to approve staff’s recommendation that the
facts stated in the administrative report are correct, and
approve the memorandum issued by Special Counsel Mandell which
shall serve as the finding of facts for this appeal. It was
seconded by Maisano. Motion carried, 5-0.
Special and Regular City Council Meeting Minutes
May 20, 2014
Page 6 of 17
2. Public hearing to consider expenditure of COPS Program
funds for fiscal year 2014-2015.
Resolution No. 2014-19 - A Resolution of the City Council
of the City of Vernon providing for the appropriation of
the Citizens Option for Public Safety (COPS) Program funds
received for fiscal year 2014-2015 for frontline municipal
police services.
Recommendation:
(1) Find that the proposed actions are 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) Hold a public hearing to consider expenditure of
Citizens Option for Public Safety (“COPS”) Program
funds for fiscal year 2014-2015; and
(3) Approve the Resolution authorizing the expenditure of
the funds to pay salary costs for civilian support
personnel in fiscal year 2014-2015.
Police Chief Daniel Calleros reported that the Department is
required to use COPS program funds for unsworn position; the
funds must be used to supplement not supplant the police force.
The Department is scheduled to receive approximately $100,000 in
grant funds. Historically, these funds have been used to
subsidize certain position that would not otherwise exist.
The notice of public hearing was posted on the website and
published in the Vernon Sun. No written comments from the
public were received.
At 9:38 a.m., Mayor McCormick opened the public hearing to
consider public comment on the expenditure of COPS Program
funds. With no public comment, at 9:39 a.m. the public hearing
was closed.
It was moved by Ybarra and seconded by Davis to approve
Resolution No. 2014-19. Motion carried, 5-0.
3. Public hearing to consider the rate adjustment of the
Public Safety Special Parcel Tax for fiscal year 2014-2015
pursuant to Section 5.46(d)(2) of the Vernon Municipal
Code.
A Resolution of the City Council of the City of Vernon
determining the public safety special parcel tax for
fiscal year 2014-2015.
Recommendation:
(1) Find that adoption of the proposed resolution is not a
“project” pursuant to section 15378(b)(4) of the
Guidelines to the California Environmental Quality Act
(“CEQA”) because it relates to a governmental funding
mechanism that does not involve any commitment to any
specific project; and even if adoption of the
resolution were a project, it would be exempt from
CEQA in accordance with Section 15061(b)(3), the
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May 20, 2014
Page 7 of 17
general rule that CEQA only applies to projects that
may have an effect on the environment; and
(2) Adopt a resolution setting the Public Safety Special
Parcel Tax for fiscal year 2014-2015 at $.0303 per
square foot of taxable parcel area and submitting the
public safety special parcel tax list to the Los
Angeles County Auditor Controller’s Office.
Director of Public Works, Water and Development Services Kevin
Wilson reported that 2013-2014 is the first year the public
safety special parcel tax was implemented since its approval by
Vernon voters under Measure L in 2013. The tax was originally
set at $.03 per square foot of taxable parcel area. Staff
calculated the maximum increase permitted by City Code based on
the consumer price index. It was determined that the maximum
that could be applied is $.0303 per square foot of taxable
parcel area. Staff recommends approval of the proposed rate
increase.
Councilmember Ybarra inquired on what will occur if Council does
not approve the proposed increase. In response, Wilson
explained that the Council does not have to approve staff’s
recommendation; however, the tax rate must be set, and cannot be
greater than the calculated max of $.0303 per square foot.
Councilmember Ybarra advised that he has property that is
affected by the proposed tax and inquired whether he could still
participate in the deliberation.
Deputy City Attorney Scott Porter suggested continuing the
public hearing until the next City Council meeting so that an
appropriate answer could be provided.
It was moved by Maisano and seconded by Davis to continue the
public hearing to the June 17, 2014, City Council meeting.
Motion carried, 5-0.
4. Public hearing to consider the rate adjustment of the
Warehouse Special Parcel Tax for fiscal year 2014-2015
pursuant to Section 5.45(d)(2) of the Vernon Municipal
Code.
Resolution No. 2014-20 - A Resolution of the City Council
of the City of Vernon determining the special parcel tax
levied pursuant to section 5.45 of the municipal code for
fiscal year 2014-2015.
Recommendation:
(1) Find that adoption of the proposed resolution is not a
“project” pursuant to section 15378(b)(4) of the
Guidelines to the California Environmental Quality Act
(“CEQA”) because it relates to a governmental funding
mechanism that does not involve any commitment to any
specific project, and even if adoption of the
resolution were a project, it would be exempt from
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 setting the Warehouse Special
Parcel Tax rate at $29.39 per 100 square feet of gross
area of land for fiscal year 2014-2015 and submitting
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May 20, 2014
Page 8 of 17
the warehouse special parcel tax list to the Los
Angeles County Auditor Controller’s Office.
Director of Public Works, Water and Development Services Kevin
Wilson reported on the Warehouse Special Parcel Tax. He advised
that staff had calculated the maximum rate that could be applied
based on the consumer price index to be $29.39 per 100 square
feet of gross area of land. The current rate is $29.09. The
proposed tax rate is projected to generate approximately $9.8
million in revenue.
At 9:47 a.m., Mayor McCormick opened the public hearing to
consider public comment on the proposed rate adjustment of the
Warehouse Special Parcel Tax for fiscal year 2014-2015.
Steve Fred of Mt. Vernon Industrial, LLC noted that although he
is not objecting to the proposed tax increase, he urges Council
to consider the effects of the business license increase and
parcel taxes on the rental community. He stated that any
building for lease is struggling as the tax and business license
fee can be just as much as the rent. He reported on tenants
that have left as a result. For landowners there is pressure to
keep rent down in order to remain competitive.
With no additional comments, at 9:51 a.m., Mayor McCormick
closed the public hearing.
It was moved by Ybarra to keep the current rate at $29.09 per
100 square feet of gross area of land. The motion dies for lack
of a second.
It was moved by Maisano and seconded by Davis to approve
Resolution No. 2014-20, with staff’s recommendation. Motion
carried, 4-1, with Ybarra in opposition.
CONSENT CALENDAR
It was moved by Davis 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 April 15,
2014, to be received and filed.
3. Minutes of the Joint Special City Council and Successor
Agency to the Redevelopment Agency Meeting held April 15,
2014, to be received and filed.
4. Minutes of the Regular City Council Meeting held May 6,
2014, to be received and filed.
Warrant Registers
5. Ratification of the following warrant Registers to record
the following voided checks:
Special and Regular City Council Meeting Minutes
May 20, 2014
Page 9 of 17
a. City Warrant Register No. 1399 to record voided Check
No. 344063 in the amount of $10.00; and
b. City Warrant Register No. 1399 to record voided Check
No. 344011 in the amount of $600.00; and
c. City Warrant Register No. 1391 to record voided Check
No. 342864 in the amount of $468.40.
6. Approval of City Warrant Register No. 1401, totaling
$782,379.50, which covers the period of May 13, through
May 26, 2014, and consists of the following:
a. Ratification of wire transfers totaling $372,148.31;
and
b. Ratification of the issuance of early checks totaling
$284,571.82; and
c. Authorization to issue pending checks totaling
$125,659.37.
7. Approval of Light & Power Warrant Register No. 366,
totaling $6,003,639.97, which covers the period of May 13,
through May 26, 2014, and consists of the following:
a. Ratification of wire transfers totaling $5,782,316.15;
and
b. Ratification of the issuance of early checks totaling
$201,732.30; and
c. Authorization to issue pending checks totaling
$19,591.52.
8. Approval of Gas Warrant Register No. 154, totaling
$65,489.50, which covers the period of May 13, through May
26, 2014, and consists of the following:
a. Ratification of the issuance of early checks totaling
$64,260.64; and
b. Authorization to issue pending checks totaling
$1,228.86.
City Administration Department
9. Councilmembers’ attendance report to the California
Contract Cities Association 55th Annual Municipal Seminar
from May 15 through 18, 2014.
City Clerk Department
10. Resolution No. 2014-21 - A Resolution of the City Council
of the City Of Vernon approving and authorizing the
execution of an agreement for billing of direct
assessments by and between the City of Vernon and the Los
Angeles County Auditor-Controller (Public Safety Special
Parcel Tax).
Recommendation:
(1) Find that approval of the proposed agreement is not a
“project” under section 15378(b)(4) of the Guidelines
to the California Environmental Quality Act (“CEQA”)
because it relates to a governmental funding mechanism
that does not involve any commitment to any specific
project; and even if it were a project, it would be
exempt from CEQA in accordance with Section
15061(b)(3), the general rule that CEQA only applies
Special and Regular City Council Meeting Minutes
May 20, 2014
Page 10 of 17
to projects that may have an effect on the
environment; and
(2) Approve a resolution to, among other things, authorize
the City Administrator to enter into a direct
assessment billing agreement with the Los Angeles
County Auditor-Controller, in substantially the form
submitted herewith, for the collection and
distribution of the Public Safety Special Parcel Tax
for fiscal year 2014-2015. Competitive bidding or
competitive selection is not required because the
services are provided by a governmental entity, and
because that entity is the sole source of the services
provided.
11. Resolution No. 2014-22 - A Resolution of the City Council
of the City of Vernon approving and authorizing the
execution of an agreement for billing of direct
assessments by and between the City of Vernon and the Los
Angeles County Auditor-Controller (special parcel tax
levied pursuant to section 5.45 of the municipal code).
Recommendation:
(1) Find that approval of the proposed agreement is not a
“project” under section 15378(b)(4) of the Guidelines
of the California Environmental Quality Act (“CEQA”)
because it relates to a governmental funding mechanism
that does not involve any commitment to any specific
project; and even if it were a project, it would be
exempt from 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 to, among other things,
authorize the City Administrator to enter into a
direct assessments billing agreement with the Los
Angeles County Auditor-Controller, in substantially
the form submitted herewith, for the collection and
distribution of the Warehouse Special Parcel Tax for
fiscal year 2014-2015. Competitive bidding or
competitive selection is not required because the
services are provided by a governmental entity, and
because that entity is the sole source of the services
provided.
Fire Department
12. Activity Report for the period of May 1, through May 15,
2014, to be received and filed.
Police Department
13. Activity Log and Statistical Summary of Arrest and
Activities for the period of May 1, through May 15, 2014,
to be received and filed.
Public Works, Water and Development Services
14. Bid Award for Contract No. CS-0437: To Supply and Install
Submersible Pump Motor and Pump Unit at Production Well
No. 16.
Recommendation:
Special and Regular City Council Meeting Minutes
May 20, 2014
Page 11 of 17
(1) Find that the proposed project, to supply and install
submersible motor and pump unit at Production Well No.
16, is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301, subsections (b) and (d),
because the project involves negligible or no
expansion of use beyond that existing at the lead
agency’s determination; and
(2) Accept the bid from Weber Water Resources, LLC, as the
lowest responsive and responsible bidder and enter
into contract, in an amount not to exceed $114,898.00,
to supply and install the submersible pump motor and
pump unit at Production Well No. 16, Contract No. CS-
0437.
NEW BUSINESS
City Clerk Department
1. Resolution No. 2014-23 - 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
2014 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) Appoint from the City Council one Delegate and one
Alternate for the Annual Business Meeting (“General
Assembly”) of the League of California Cities 2014
Annual Conference; and
(3) Approve the resolution memorializing said appointments
and authorize staff to complete and submit the 2014
Annual Conference Voting Delegate/Alternate Form to
the League of California Cities Office.
Mayor McCormick recommended the appointment of himself as the
Delegate, and the Mayor Pro-Tem, Davis, as the Alternate.
It was moved by Ybarra and seconded by Martinez to approve
Resolution No. 2014-23 with said appointments. Motion carried,
5-0.
Fire Department
2. Authorization to donate Self-Contained Breathing Apparatus
Equipment to the Rio Hondo Fire Academy.
Recommendation:
(1) Find that approval of the proposed donation to the Rio
Hondo Fire Academy 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 donation of non-working/non-use Self-
Contained Breathing Apparatus (SCBA) equipment to the
Rio Hondo Fire Academy that will be utilized for
Special and Regular City Council Meeting Minutes
May 20, 2014
Page 12 of 17
educational and training purposes. It is further
recommended that the City Council find that the
donation serves a municipal purpose.
Fire Chief Michael Wilson explained that the Department
transitioned to a new vendor for the self-contained breathing
apparatus equipment, and as a result, has a surplus of various
components that no longer meet industry standards. He is
recommending that these be donated to Rio Hondo Fire Academy for
training purposes. The Academy relies on donations or training
equipment. Wilson advised that the items cannot be sold because
they are aged and do not meet industry standards.
It was moved by Davis and seconded by Martinez to authorize the
donation of self-contained breathing apparatus equipment to the
Rio Hondo Fire Academy. Motion carried, 5-0.
City Administration and Human Resources Department
3. (1) Resolution No. 2014-24 - A Resolution of the City
Council of the City of Vernon approving amendment no. 1 to
the memorandum of understanding by and between the City of
Vernon and the Vernon Police Management Association as it
relates to compensable wages.
(2) Resolution No. 2014-25 - A Resolution of the City
Council of the City of Vernon amending exhibit A of
Resolution No. 2013-57 regarding the compensation, costs
and benefits of its employees (“Citywide Personnel and
Salary Resolution”) (Amendment No. 6)
Recommendation:
(1) Find that approval of the proposed resolutions 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) Adopt the resolution approving Amendment No. 1 to the
2013-2014 Memorandum of Understanding by and between
the City of Vernon and the Vernon Police Management
Association; and
(3) Adopt the resolution amending Exhibit A –
Classification and Compensation Plan, of the Citywide
Personnel and Salary Resolution effective June 1,
2014, implementing the changes set forth in Amendment
No. 1 to the 2013-2014 Memorandum of Understanding
between the City of Vernon and the Vernon Police
Management Association, and clarifying the correct
hourly rates of certain Fire personnel.
Director of Human Resources Teresa McAllister reported that the
first proposed resolution is a reopener on the existing
Memorandum of Understanding (“MOU”) which expires on June 30,
2014. McAllister reported on the key provisions which include
new salary ranges at the 75th percentile based on the
classification and compensation study. Effective June 1, 2014,
employees in the represented group will be placed in the new
grade and steps closest to their existing salary but not lower
than. Additionally, those in the represented group will be
entitled to receive P.O.S.T Certificate Pay effective June 1,
2014.
Special and Regular City Council Meeting Minutes
May 20, 2014
Page 13 of 17
McAllister advised that the second proposed resolution will
incorporate said changes in salary pay into the Citywide
Personnel and Salary Resolution.
It was moved by Davis and seconded by Martinez to approve
Resolution No. 2014-24 and Resolution No. 2014-25. Motion
carried, 5-0.
4. Resolution No. 2014-26 - A Resolution of the City Council
of the City of Vernon approving the memorandum of
understanding by and between the City of Vernon and the
Vernon Police Management Association for the period of
July 1, 2014 through June 30, 2016.
Recommendation:
(1) Find that approval 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 applies to projects that
may have an effect on the environment; and
(2) Adopt the resolution approving the Memorandum of
Understanding by and between the City of Vernon and
the Vernon Police Management Association for the
period of July 1, 2014 through June 30, 2016.
Director of Human Resources Teresa McAllister explained that in
conjunction with the reopener of the Vernon Police Management
Association’s (“VPMA”) current Memorandum of Understanding
(“MOU”) which is set to expire June 30, 2014, negotiations for a
new two-year MOU were conducted. McAllister reported on the key
provisions of the proposed MOU for fiscal years 2014-2016. On
January 1, 2015 and July 1, 2015, the salaries for those
represented will increase 1.5%. From June 1, 2015, through May
31, 2016, under the discretion of the Police Chief and in
accordance with the City’s performance evaluation policy, those
represented are eligible for a 5% merit increase. Future merit
increases will be at the sole discretion of the Council.
Effective July 1, 2014, sick leave will not count towards the
purpose of calculating overtime pay, and the auto insurance
benefit will be discontinued. Additionally, the proposed MOU
allows for amendments if the Vernon Police Officers Benefit
Association amends their contract language regarding P.O.S.T.
Certificate Pay, court attendance, stand by pay, and/or health
benefits. Longevity pay will also be discontinued for anyone
hired after December 31, 2013. McAllister advised that the
proposed will have a $46,514 fiscal impact per fiscal year.
It was moved by Ybarra and seconded by Davis to approve
Resolution No. 2014-26. Motion carried, 5-0.
5. Resolution No. 2014-27 - A Resolution of the City Council
of the City of Vernon amending exhibit A of Resolution No.
2013-57 regarding the compensation, costs and benefits of
its employees (“Citywide Personnel and Salary Resolution”)
(Amendment No. 7)
Recommendation:
(1) Find that approval 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 applies to projects that
may have an effect on the environment; and
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May 20, 2014
Page 14 of 17
(2) Contingent upon City Council adoption of the Fiscal
Year 2014-2015 budget, adopt the attached resolution
amending Exhibit A – Classification and Compensation
Plan, of the Citywide Personnel and Salary resolution,
to be effective June 29, 2014, implementing a new
grade and step pay plan as a result of the Citywide
classification and compensation study based upon the
75th percentile of the comparable survey labor market
for the classifications designated as “Confidential
and Mid-Management”. Each employee shall be placed
within his/her classification’s new salary grade at
the step that is closest to, but not lower than
his/her current base salary.
Director of Human Resources Teresa McAllister reported that on
April 20, 2014, the City adopted the new classification plan,
excluding those represented by the Vernon Firemen’s Association;
at the time, no changes were made to the salary schedules.
Additionally, exempt designations were placed on hold until the
implementation of the new salary grades for middle management.
McAllister reported that the employees designated as
“confidential and mid-management” are not part of a collective
bargaining unit and are therefore not subject to the provision
of the Meyers-Milias-Brown Act.
McAllister reported that the proposed will implement the new
salary grades for the confidential and mid-management group
based on the classification and compensation study by setting
the salaries at the 75th percentile effective June 29, 2014.
Additionally, the exempt designations will take effect.
McAllister noted that the 75th percentile salaries were included
in the departments’ proposed budgets. It is recommended that
affected employees be placed at the step that is closest to, but
not lower than their current salary within their new salary
grades.
It was moved by Davis and seconded by Maisano to approve
Resolution No. 2014-27. Motion carried, 5-0.
ORDINANCES
1. Ordinance No. 1222 - An Ordinance of the City Council of
the City of Vernon amending Article XIX, Sections 2.145,
2.146, 2.147, 2.147.1, 2.148 and 2.149 of Chapter 2 of the
Vernon Municipal Code relating to the Sustainable
Development and Energy Efficiency Commission (second
reading).
Recommendation:
(1) The City Council find the proposed ordinance is a
purely administrative function that is not a project
within the meaning of the California Environmental
Quality Act (“CEQA”). Further, even if it were
subject to CEQA, it would be exempt pursuant to CEQA
Guidelines Section 15061(b)(3), the general rule that
CEQA only applies to projects that may have an effect
on the environment; and
(2) Adopt the proposed ordinance to amend Article XIX,
sections 2.145, 2.146, 2.147, 2.147.1, 2.148 and 2.149
of the Vernon Municipal Code, to, among other things,
rename the “Sustainable Development and Energy
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May 20, 2014
Page 15 of 17
Efficiency Commission” to the “Green Vernon
Commission” and to revise the terms of office of the
Commission members.
It was moved by Davis and seconded by Maisano to adopt staff’s
recommendations and thereby adopt Ordinance No. 1222. A roll
call vote was taken:
- Councilmember Martinez, yes
- Councilmember Ybarra, yes
- Councilmember Maisano, yes
- Mayor Pro-Tem Davis, yes
- Mayor McCormick, yes
Motion to adopt Ordinance No. 1222 carried, 5-0.
ORAL REPORTS
Police Chief Daniel Calleros reported on the recovery of stolen
merchandise on May 22, 2014, after officers investigated two
male suspects’ questionable story of how they were in possession
of several boxes containing new women’s clothing.
On May 25, 2014, officers conducted robbery arrested in the 4400
block of Boyle Avenue. A female victim reported that she had
been assaulted and robbed, in a local restaurant’s parking lot.
The suspect vehicle was spotted; upon investigation the stolen
items were recovered in the suspect’s vehicle and the suspect
was positively identified by the victim.
On June 1, 2014, patrol staff and special enforcement team
conducted a strategic traffic enforcement operation in several
areas throughout the City. Two vehicles were impounded and 31
traffic citations were issued for various traffic violations.
Calleros noted that the team is taking an aggressive stance to
deter the reckless driving that was been observed in the City.
On Saturday June 14, 2014, members of the People for the Ethical
Treatment of Animals (“PETA”) plan to conduct a demonstration in
front of Farmer John. Representatives indicate that the
demonstration will be peaceful. Mobile field force and motor
officers will be deployed to address any issues that may arise.
Calleros announced that the City of Maywood has issued a Request
for Proposal for police services. The Department is in the
process of completing a proposal and will submit its proposal by
the due date, June 16, 2014.
Calleros announced the scheduled Los Angeles Police Department
SWAT team training exercise on June 6, 2014, that will be
conducted along the Los Angeles riverbed near Downey and Vernon
Avenue. The training will involve the use of a helicopter.
Captain Michael Gillman reported vandalism on May 27, 2014, in
the area of 4500 Maywood Avenue. There are no suspects,
however, detectives are following up on the incident.
Fire Chief Michael Wilson announced the CERT Class to be held on
June 16, 23, and 30, 2014. He announced the Fire Department’s
participation during Farmer John’s Heath Fair.
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May 20, 2014
Page 16 of 17
Wilson reported on the Haz Mat response to a leaking semi-
tractor on May 20, 2014, in the City of Downey. The substance
was identified as tamol 731, an additive in paint. He advised
that the leak was contained.
On May 29, 2014, crews responded to a fire alarm in Santa Fe
Springs. Fire Departments from Area E battled the fire for 12
hours. Wilson advised that Vernon crews were on location for
three days assisting with the incident.
Director of Public Works, Water, and Development Services Kevin
Wilson reported on the receipt of a notice of violation from the
Air Quality Management District (“AQMD”) regarding the location
of the emergency generator exhaust vent. According to AQMD the
vent is located too close to the Vernon Elementary School. The
City hired an engineer and submitted plans to relocate the vent
to resolve the issue; however, the proposal was rejected by
AQMD. The generator will need to be replaced; quotes are being
obtained.
Electric Resources Planning & Development Manager Abraham Alemu
announced that Director of Gas and Electric Carlos Fandino is
out of the office; however, Alemu advised that he is available
to answer Council’s questions. Alemu reported on a minor power
outage that occurred on May 25, 2014. He reported on his
attendance to the California Energy Commission meeting. He
advised that there was good dialog, and that the Commission is
committed to working with public utilities to address issues
such as duplicate reporting requirements. Additionally, the
Commission discussed the renewable portfolio standards and the
eligibility of resources, and timing concerns with the
certification of the power plants. Alemu advised that the
meeting was an open discussion and that he is encouraged by the
transparency.
Finance Director William Fox reported on the contract with
Bloomberg which will facilitate the monitoring of the City’s
investment portfolio, and ability to obtain better interest
rates. Fox explained that this was previously done through Bond
Logistix (“BLX”), LLC.
Fox announced that the City, led by the Finance Department, has
taken over the city housing management. The Public Works, Water
and Development Services Department will be assisting with
maintenance and repair work.
Director of Health and Environmental Control Leonard Grossberg
announced the Green Vernon Commission meeting on June 18, 2014,
at 3:30 p.m.
Human Resources Director Teresa McAllister announced the
customer service training on June 25, 2014, and the wellness
program meetings on June 5, 2014. McAllister reported that
interviews with City Council for the top City Attorney
candidates will be held on June 12, 2014.
Economic Development Manager/ Successor Agency Staff Alex Kung
announced the Oversight Board to the Successor Agency of the
Redevelopment Agency meeting on June 5, 2014, at 4:00 p.m.
Deputy City Clerk Ana Barcia announced the transition of summary
Minutes to action Minutes. This will reduce staff time in post
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May 20, 2014
Page 17 of 17
meeting, administrative work. Barcia advised that the
transition will be effective July 1, 2014, and will apply to all
City agencies, commissions and committees.
Senior Strategic Policy Advisor and Director of Communications
Advisor Fred MacFarlane announced that the Vernon Quarterly will
be out soon. A trip to Jawbone Canyon is being coordinated so
that Council can meet with Kern County officials. MacFarlane
advised that the Salt Lake Park soccer field will be opening
soon; announcement of a ribbon cutting ceremony is anticipated.
City Administrator Mark Whitworth reported that the City is in
the process of completing the Los Angeles County Economic
Development Corporation application for most business friendly
city.
Staff is also working on a new agreement with Reed and Davidson,
for its reduced role as the City continues to reduce its
reliance on outside counsel. The candidates for the Vernon
CommUNITY Grant Fund Committee are scheduled to be presented in
July. He reminded all that this day is the primary election
day.
CLOSED SESSION
Mayor McCormick asked whether any member of the public wished to
address the Council on the closed session agenda. Nobody wished
to address the Council.
At 11:04 a.m., it was moved by Davis and seconded by Martinez to
go into closed session to discuss the item listed under closed
session. Motion carried, 5-0.
1. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa
McAllister and Paul Coble
Employee Organizations: Vernon Firemen's Association, and
Teamsters Local 911
At 11:49 a.m., it was moved by Maisano and seconded by Ybarra to
exit closed session. Motion carried, 5-0. Deputy City Attorney
Zaynah Moussa announced that there is no reportable action.
With no further business, at 11:50 a.m., Mayor McCormick
adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk