2014-07-15 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JULY 15, 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 meeting was called to order at 9:00 a.m. by Mayor McCormick; Angel Chaidez of Salesian
High School led the flag salute.
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. He noted that the public
would be given an opportunity to comment on items on the posted agenda during Council
deliberation.
Mark Aarvig of Samas Capital provided information on the firm and promoted the services.
Aarvig introduced contractor Psomas FMG representative Michael Beverly. Beverly reported on
projects in the area.
Southeast activist Sandra Orozco commented on Maywood’s decision to continue police services
through the Los Angeles County Sheriff’s Department.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards
June 2014 Anniversary
Employee Name Job Title Years
1. Richard Recano Electric Operator 30
2. Vincent Rodriguez Project Engineer 30
3. Todd Hewett Fire Captain 25
4. Rory Moore Fire Captain 25
5. Mark Whitworth City Administrator 25
6. Elizabeth Zepeda Administrative Assistant 10
7. Aaron Cass Firefighter/Paramedic 5
8. David Kawasaki Firefighter/Paramedic 5
9. Jeff Schauster Firefighter/Paramedic 5
10. Manuel Vasquez Firefighter/Paramedic 5
Human Resources Director Teresa McAllister reported on the years of service for those present.
Mayor McCormick presented the service pins. Those that could not attend were acknowledged
for their years of service.
CONSENT CALENDAR
It was moved by Davis and seconded by Maisano to approve the matters listed under the Consent
Calendar, as presented and under one motion. Motion carried, 5-0.
Claims Against the City (to be received and filed)
2. None.
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July 15, 2014
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Minutes
3. Minutes of the Special and Regular City Council Meeting held June 3, 2014, to be
received and filed.
4. Minutes of the Special City Council Meeting held June 12, 2014, at 7:45 a.m. to be
received and filed.
5. Minutes of the Special City Council Meeting held June 12, 2014, at 8:00 a.m. to be
received and filed.
Warrant Registers
6. Approval of City Payroll Warrant Register No. 697, totaling $2,486,915.08, which
covers the period of June 1, through June 30, 2014, and consists of the following:
a. Ratification of direct deposits, checks and taxes totaling $1,851,506.44; and
b. Checks and electronic fund transfers totaling $635,408.54.
7. Approval of City Warrant Register No. 1404, totaling $534,006.01, which covers
the period of June 24, through July 7, 2014, and consists of the following:
a. Ratification of wire transfers totaling $317,062.06; and
b. Ratification of the issuance of early checks totaling $126,848.15; and
c. Authorization to issue pending checks totaling $90,095.80.
8. Approval of Light & Power Warrant Register No. 369, totaling $2,389,675.91,
which covers the period of June 24, through July 7, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $2,240,536.65; and
b. Ratification of the issuance of early checks totaling $99,853.38; and
c. Authorization to issue pending checks totaling $49,285.88.
9. Approval of Gas Warrant Register No. 157, totaling $2,388,142.59, which covers
the period of June 24, through July 7, 2014, and consists of the following:
a. Ratification of wire transfers totaling $2,373,555.10; and
b. Ratification of the issuance of early checks totaling $14,587.49.
Fire Department
10. Activity Report for the period of June 1, through June 15, 2014, to be received and
filed.
11. Activity Report for the period of June 16, through June 30, 2014, to be received
and filed.
12. Adoption of Updated Job Descriptions for Classifications Represented by the City
of Vernon Firemen’s Association.
Recommendation:
(1) Find that approval of the proposed job descriptions 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 attached job descriptions for classifications represented by the City of
Vernon Firemen’s Association effective July 1, 2014, and incorporate them into
the Citywide Classification Plan, pursuant to the recommendations of the citywide
classification study conducted by Public Sector Personnel Consultants.
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July 15, 2014
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Gas and Electric Department
13. Authorization to execute the Base Contract with Noble Americas Gas & Power
Corp. for Sale and Purchase of Natural Gas (the “NAESB Contract”).
Recommendation:
(1) Find that the requested approval is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301(b),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Authorize the Director of Gas & Electric to execute the North American Energy
Standards Board (“NAESB”) contract by and between the City of Vernon
(“City”) and Noble Americas Gas & Power Corp. (“NAGP”) in substantially the
same form as attached to the staff report, for the purpose of buying and selling
natural gas to or from NAGP, in compliance with the general terms established in
the agreement. It is further recommended that the City Council find that, pursuant
to Vernon Municipal Code § 2.17.12(A)(6), competitive bidding is not required
because these are contracts for gas and/or electrical power for the city’s power
utility, and that it would be commercially unreasonable to procure the gas or
electricity through standard bidding or request for proposal procedures.
Health and Environmental Control Department
14. June 2014 Monthly Report, to be received and filed.
Police Department
15. Activity Log and Statistical Summary of Arrest and Activities for the period of
June 16, through June 30, 2014, to be received and filed.
Public Works, Water and Development Services Department
16. Building Department Report for the month of June 2014, to be received and filed.
17. Amendment No. 1 to the existing Services Agreement between the City of Vernon
and Interwest Consulting Group for On Call Building Plan Check and Inspection
Services.
Recommendation:
(1) Find that Amendment No. 1 renewing the existing Services Agreement between
the City of Vernon and Interwest Consulting Group, for a period of one year, for
On Call Building Plan Check and Inspection Services, is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with (a) CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment and (b) CEQA Guidelines
Section 15268, because the proposed Amendment No. 1 involves the issuance of
building permits which is a ministerial action; and
(2) Approve Amendment No. 1 renewing the existing Services Agreement between
the City of Vernon and Interwest Consulting Group, for a period of one year, for
On Call Building Plan Check and Inspection Services. As revised, the contract
would expire, effective July 1, 2015
18. Approval of Amendment No. 1 to the existing Services Agreement between the
City of Vernon and Jason Addison Smith Consulting Services dba JAS Pacific for
On Call Building Plan Check and Inspection Services.
Recommendation:
(1) Find that Amendment No. 1 renewing the existing Services Agreement between
the City of Vernon and Jason Addison Smith Consulting Services dba JAS
Pacific, for a period of one year, for On Call Building Plan Check and Inspection
Services, is exempt under the California Environmental Quality Act (“CEQA”) in
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accordance with (a) CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA only applies to projects that may have an effect on the environment and (b)
Guidelines Section 15268, because the proposed Amendment No.1 involves the
issuance of building permits which is a ministerial action; and
(2) Approve Amendment No. 1 renewing the existing Services Agreement between
the City of Vernon and Jason Addison Smith Consulting Services dba JAS
Pacific, for a period of one year, for On Call Building Plan Check and Inspection
Services. As revised, the contract would expire, effective July 1, 2015.
NEW BUSINESS
Administration Department
19. Resolution No. 2014-44 - A Resolution of the City Council of the City of Vernon
appointing Hema P. Patel to serve as the City Attorney of the City of Vernon and
approving and authorizing the execution of a related employment agreement.
Recommendation:
(1) Find that the 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 appointing Hema P. Patel to serve as the City Attorney of the
City of Vernon effective July 21, 2014, and approving and authorizing the
execution of an at-will employment agreement, in substantially the same form as
submitted.
Human Resources Director Teresa McAllister provided the oral staff report on the proposed
employment agreement.
It was moved by Davis and seconded by Ybarra to approve Resolution No. 2014-44. Motion
carried, 5-0.
Deputy City Clerk Ana Barcia administered the Oath of Office to newly appointed City Attorney
Hema Patel.
20. Ratification of items related to the International Brotherhood of Electrical
Workers Local 47 (“IBEW”):
(1) Resolution No. 2014-45 - 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 International Brotherhood of Electrical Workers Local 47
for the period of July 1, 2014 through June 30, 2016.
(2) Resolution No. 2014-46 - 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. 10)
Recommendation:
(1) Find that approval of the proposed resolutions report 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.
(2) Adopt the attached resolution approving the Memorandum of Understanding by
and between the City of Vernon and the IBEW for the period of July 1, 2014
through June 30, 2016.
(3) Adopt the attached resolution amending Exhibit A of the Citywide Personnel and
Salary Resolution effective June 29, 2014, implementing the changes set forth in
the 2014-2016 Memorandum of Understanding between the City of Vernon and
IBEW.
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Director of Human resources Teresa McAllister provided the staff report on the two proposed
resolutions. City Administrator Mark Whitworth acknowledged staff’s efforts in the negotiation
process.
John Baca of IBEW thanked McAllister for her work in the negotiation process.
It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2014-45 and
Resolution No. 2014-46. Motion carried, 5-0.
21. Ratification of items related to the Vernon Fire Management Association
(“VFMA”):
(1) Resolution No. 2014-47 - 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 Fire Management Association for the period of July
1, 2014 through June 30, 2016.
(2) Resolution No. 2014-48 - 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. 11).
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 the Memorandum of Understanding by and
between the City of Vernon and the VFMA for the period of July 1, 2014 through
June 30, 2016; and
(3) Adopt the resolution amending Exhibit A of the Citywide Personnel and Salary
Resolution effective June 29, 2014, implementing the changes set forth in the
2014-2016 Memorandum of Understanding between the City of Vernon and
VFMA.
Human resources Teresa McAllister provided the oral staff report on the proposed resolutions.
It was moved by Maisano and seconded by Davis to approve Resolution No. 2014-47 and
Resolution No. 2014-48. Motion carried, 5-0.
Finance Department
22. Amendment No. 1 to the existing services agreement between the City of Vernon
and Vasquez & Company LLP for professional auditing services for fiscal years
2013 - 2015.
Recommendation:
(1) Find the proposed Amendment No. 1 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 Amendment No. 1 to the services agreement between the City of Vernon
and Vasquez & Company LLP (“Vasquez”) for professional auditing services for
fiscal years 2013 – 2015 (the “Agreement”), in substantially the same form as
submitted with the staff report, for the purpose of performing an internal controls
review that will assist in identifying potential fraud risks and mitigating controls
that could impact City operations. This contract amendment will increase the
compensation amount for fiscal year 2014-2015 by $20,000, for a grand total of
$118,159.00 for fiscal year 2014 - 2015.
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Finance Director William Fox provided the oral staff report on the proposed amendment.
It was moved by Ybarra and seconded by Martinez to approve Amendment No. 1 to the existing
services agreement with Vasquez & Company, LLP for professional auditing services for fiscal
years 2013-2015. Motion carried, 5-0.
Human Resources Department
23. Adoption of City of Vernon Personnel Policies and Procedures, Testing,
Certification, and Eligibility Lists (I-3) (revised), Family and Medical Leave Policy
V-4 (updated), and General Leave Policy V-5 (new).
Recommendation:
(1) Find that approval of the proposed personnel policy and procedures 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 Personnel Policy and Procedures: Testing, Certification, and Eligibility
Lists I-3 (revised), Family and Medical Leave Policy V-4 (updated) and General
Leave Policy V-5 (new), and incorporate them into the Personnel Policies and
Procedures Manual; and
(3) Authorize the City Administrator and the Director of Human Resources to
execute and distribute the above-referenced policy to all employees.
Human Resources Director Teresa McAllister presented on the proposed personnel policies.
It was moved by Maisano and seconded by Martinez to adopt Personnel Policies and Procedures
I-3, V-4, and V-5. Motion carried, 5-0.
ORDINANCES
24. Ordinance No. 1223 - An Ordinance of the City Council of the City of Vernon
adding Article XXI to Chapter 2 of the Vernon municipal code to establish the
Vernon Business and Industry Commission and to specify the membership and
duties of said Commission (second reading).
Recommendation:
(1) Find that approval and subsequent adoption of the proposed ordinance
establishing the Vernon Business and Industry Commission 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 ordinance establishing the Vernon Business and Industry Commission
and specifying the membership and duties of said Commission.
Mayor McCormick announced the proposed ordinance by title.
Deputy City Administrator Kristen Enomoto advised that there have been no changes to the
ordinance since the first reading. The City received positive feedback on the proposed, no
official public comment was received.
It was moved by Davis and seconded by Ybarra to adopt Ordinance No. 1223. 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. 1223 carried, 5-0.
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25. Ordinance No. 1224 - An Ordinance of the City Council of the City of Vernon,
California, amending Sections 16.15, 16.16 and 16.17 of Article I, Chapter 16 of the
Vernon Municipal Code to assign speed limits on certain streets and to repeal all
ordinances or parts of ordinances in conflict therewith (first reading).
Recommendation:
(1) Find that adoption of the Ordinance is exempt from the California Environmental
Quality Act (“CEQA”) in accordance with Class 1, Section 15301(c) of the
CEQA Guidelines, California Code of Regulations, Title 14. Projects exempted
under Class 1, Section 15301(c), consist of the operation, repair, or minor
alteration of existing highways, streets, sidewalks, gutters, bicycle and pedestrian
trails, and similar facilities involving negligible or no expansion of use; and
(2) Hold the first reading of the proposed Ordinance amending Sections 16.15, 16.16
and 16.17 of Chapter 16, Law Enforcement, of the Vernon Municipal Code.
Mayor McCormick introduced the proposed ordinance by title.
Director of Public Works, Water and Development Services Kevin Wilson provided the oral staff
report on the proposed ordinance.
It was moved by Maisano and seconded by Davis to approve the first reading of Ordinance No.
1224. Motion carried, 5-0.
ORAL REPORTS
26. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
Police Chief Daniel Calleros reported on officers’ response to recent incidents. He reported on
the City’s participation in the auto loan program with the AAA Automobile Club.
Captain Michael Gillman announced that there is no vandalism to report. Mayor McCormick
and Mayor Pro-tem Davis reported on vandalism that they have observed in the City.
Fire Chief Michael Wilson reported on recent Fire Department activities, training, and responses
to incidents. Wilson announced that the Department has a new intern.
Director of Public Works, Water and Development Services Kevin Wilson reported on the City’s
application for a planning grant from the Metropolitan Transportation Authority. Wilson also
noted the increase in construction activity for private development.
Director of Gas and Electric Carlos Fandino reported on two recent power outages.
Finance Director William Fox reported on certain bond requirements that the City will need to
undertake. Fox also reported on the need for long range budgeting and financial requirements
review.
Director of Health and Environmental Control Leonard Grossberg provided an update on Exide
Technologies.
Human Resources Director Teresa McAllister reported on the employee information meeting.
Economic Development Manager/Successor Agency Staff Alex Kung provided a reminder on
the cancellation of the Oversight Board to the Successor Agency meetings until September.
Kung reported on the City’s submission for the Los Angeles County Economic Development
Corporation Most Business Friendly City Award. Kung also reported on the potential for work
force development for Vernon businesses through grants.
Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane
reported on the Vernon Directory release by the Vernon Chamber of Commerce.
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City Administrator Mark Whitworth announced upcoming community events, including the
ribbon cutting ceremony for the artificial turf soccer field at Salt Lake Park.
27. City Council Reports – brief report on activities, announcements, or directives to staff.
On behalf of the City Council, Mayor McCormick welcomed new City Attorney Hema Patel.
CLOSED SESSION
With no public comment on the closed session items, at 10:20 a.m., it was moved by Maisano
and seconded by Martinez to go into closed session to discuss the items listed under closed
session. Motion carried, 5-0.
28. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (1)
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
29. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa McAllister, and Paul
Coble
Employee Organizations: Vernon Police Officers’ Benefit Association, Vernon Police
Management Association, Vernon Firemen's Association, Vernon Fire Management
Association, Teamsters Local 911, and International Brotherhood of Electric Workers
Local 47.
At 11:05 a.m., it was moved by Martinez and seconded by Davis to exit closed session. Motion
carried, 5-0.
Deputy City Attorney Zaynah Moussa announced that there was no reportable action.
With no further business, at 11:05 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk