2014-10-07 City Council Agenda Packet
California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the City Council in open session are available for public
inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall,
4305 Santa Fe Avenue; Vernon, California 90058, and on the City’s website at www.cityofvernon.org. No
prior appointment is required.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in a city meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48
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arrangements can be made to provide accessibility to the meeting or service.
Agenda
City of Vernon
Regular City Council Meeting
Tuesday, October 7, 2014, 9:00 a.m.
Council Chamber
4305 Santa Fe Avenue
Vernon, California
W. Michael McCormick, Mayor
William J. Davis, Mayor Pro-Tem
Richard J. Maisano, Council Member
Luz Martinez, Council Member
In Memoriam, Honorable Michael A. Ybarra, 1953–2014
CALL TO ORDER & FLAG SALUTE
1) Call to Order in Remembrance of Honorable Michael A. Ybarra.
2) Vernon Police Department Honor Guard Flag Presentation and Moment of Silence.
3) Council and Public Condolences.
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is
within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment
on matters which are on the posted agenda during City Council deliberation on those specific matters. If you
would like to comment concerning a matter that is noticed for a public hearing today, please wait until that
hearing is formally opened before making your comment.
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Regular City Council Meeting Agenda
October 7, 2014
Page 2 of 8
PRESENTATIONS
1. A Proclamation of the Mayor and the City Council of the City of Vernon declaring the month of
October 2014 as “Breast Cancer Awareness Month”.
PUBLIC HEARINGS
2. To consider public comment on the establishment of Vernon’s new Transmission Revenue
Balancing Account Adjustment for its high voltage (over 200 kV) transmission entitlements (all
located outside the City) pursuant to Vernon’s Transmission Owner Tariff.
A Resolution of the City Council of the City of Vernon establishing a Transmission Revenue
Balancing Account Adjustment for 2015 in accordance with Vernon’s transmission owner tariff
and providing for tariff sheet changes to implement the adjustment.
Recommendation:
(1) Find that the approval of the TRBAA referenced 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 establishing a New Transmission Revenue Balancing Account
Adjustment (“TRBAA”) for 2015 which:
a) Adopts the newly calculated TRBAA of a positive $12,458; and
b) Adopts the replacement of the existing TRBAA of positive $13,331 with the new
TRBAA for 2015 of a positive $12,458; and
c) Adopts the revised Appendix I of Vernon’s TO Tariff reflecting the TRBAA of positive
$12,458; and
d) Authorizes outside counsel to submit Vernon’s TRBAA and supporting documentation to
FERC on behalf of the City of Vernon.
3. To consider public comment on the establishment of Vernon’s new Existing Transmission
Contract Adjustment for its high voltage (over 200 kV) transmission entitlements (all located
outside the City) pursuant to Vernon’s Transmission Owner Tariff.
A Resolution of the City Council of the City of Vernon adopting a new Transmission Revenue
Requirement for 2015 in accordance with Vernon’s transmission owner tariff and providing for
tariff sheet changes to implement the adjustment.
Recommendation:
(1) Find that the approvals requested are exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
(2) Approve the Resolution to thereby:
a) Approves, pursuant to the Transmission Owner Tariff, and to be effective on January 1,
2015, the establishment of the City’s new TRR Transmission Revenue Requirement
Regular City Council Meeting Agenda
October 7, 2014
Page 3 of 8
(“TRR”) and Appendix I to the TO Tariff implementing the new TRR, as described in the
Gas & Electric TRR Report dated on or about October 7, 2014; and
b) Authorize outside counsel to submit the City’s TRR, the amended Appendix I to the
Vernon TO Tariff, and supporting documentation such as the TRR Report, to the Federal
Energy Regulatory Commission (“FERC”) on behalf of the City of Vernon.
CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion.
Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be
considered immediately after the Consent Calendar.
Claims Against the City – Received and Filed
4. Claim for Damages received September 15, 2014, from Tania Moreno in the amount of $54.95.
5. Claim for Damages received on September 29, 2014, from Vernon Firemen’s Association
estimated at approximately $500,000.00.
Minutes – To be Received and Filed
6. Minutes of the Regular City Council Meeting held September 2, 2014.
7. Minutes of the Special City Council Meeting held September 11, 2014.
8. Minutes of the Regular City Council and Special Joint et al Meeting held September 16, 2014.
9. Minutes of the Special City Council Meeting held September 29, 2014.
Warrant Registers
10. Ratification of the following City Warrant Registers to record the following voided checks:
a. City Warrant Register No. 1400 to record voided Check No. 344163 in the amount of $19.04;
and
b. City Warrant Register No. 1406 to record voided Check No. 345027 in the amount of $80.00.
11. Ratification of Light & Power Warrant Register No. 353 to record voided Check No. 510375 in
the amount of $274.27.
12. Approval of City Warrant Register No. 1409, totaling $1,936,286.41, which covers the period of
September 9, through September 29, 2014 and consists of the following:
a. Ratification of wire transfers totaling $1,371,880.70; and
b. Ratification of the issuance of early checks totaling $186,328.75; and
c. Authorization to issue pending checks totaling $378,076.96.
Regular City Council Meeting Agenda
October 7, 2014
Page 4 of 8
13. Approval of Light & Power Warrant Register No. 374, totaling $6,414,905.16, which covers the
period of September 9, through September 29, 2014 and consists of the following:
a. Ratification of wire transfers totaling $6,288,494.01; and
b. Ratification of the issuance of early checks totaling $8,276.98; and
c. Authorization to issue pending checks totaling $118,134.17.
14. Approval of Gas Warrant Register No. 162, totaling $2,369,863.89, which covers the period of
September 9, through September 29, 2014 and consists of the following:
a. Ratification of wire transfers totaling $2,331,119.17; and
b. Ratification of the issuance of early checks totaling $38,513.91; and
c. Authorization to issue pending checks totaling $230.81.
City Administration Department
15. Councilmembers' attendance report on the League of California Cities Conference from
September 3 - 5, 2014.
Fire Department
16. Activity Report for the period of August 16, through August 31, 2014, to be received and filed.
17. Activity Report for the period of September 1, through September 15, 2014, to be received and
filed.
Gas and Electric Department
18. Receive and file General Order 165 and General Order 174 Inspection Program Metrics.
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; and
(2) Receive and file the Inspection Program Metrics that address General Order (“GO”) 165 and
General Order (“GO”) 174 as submitted by the Vernon Gas & Electric Department and
acknowledge that City compliance with the California Public Utilities Commission (“CPUC”)
request is voluntary in nature. The data is presented for informational purposes only.
Police Department
19. Activity Log and Statistical Summary of Arrest and Activities for the period of September 1,
through September 15, 2014, to be received and filed.
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Regular City Council Meeting Agenda
October 7, 2014
Page 5 of 8
Public Works, Water, and Development Services Department
20. Accept the Electrical Easement for 3222 Washington Boulevard.
Recommendation:
(1) Find that the Electrical Easement in the staff report is categorically exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15061(b)
(3), the general rule the CEQA only applies to projects that may have an effect on the
environment and pursuant to section 15303(d) that exempts new construction of small structures
such as electrical extensions; and
(2) Accept the Electrical Easement and authorize the Mayor and City Clerk to execute said
document.
21. Accept the Electrical Easement for 3232 Washington Boulevard.
Recommendation:
(1) Find that the Electrical Easement in the staff report is categorically exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15061(b)
(3), the general rule the CEQA only applies to projects that may have an effect on the
environment and pursuant to section 15303(d) that exempts new construction of small structures
such as electrical extensions; and
(2) Accept the Electrical Easement and authorize the Mayor and City Clerk to execute said
document.
NEW BUSINESS
City Clerk Department
22. A Resolution of the City Council of the City of Vernon adopting a master conflict of interest code
for the City of Vernon and all Agencies, Boards, and Commissions affiliated with the City that
incorporates by reference the standard model conflict of interest code of the Fair Political
Practices Commission.
Recommendation:
(1) Find that the proposed actions do not constitute a “project” pursuant to section 15378(b)(2) of the
Guidelines to the California Environmental Quality Act (“CEQA”), because they constitute
administrative activities; and even if the proposed did constitute 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 adopting a Master Conflict of Interest Code for the City of Vernon and
all affiliated agencies, boards and commissions, which incorporates all recommendations from
the various affiliated City of Vernon governing bodies and City staff review effective January 1,
2015; and adopting the Conflict of Interest Code for the Vernon CommUNITY Fund Grant
Committee and the Business and Industry Commission effective immediately upon approval; and
(3) Repeals all other existing Conflict of Interest Codes for the City of Vernon and all other City of
Vernon affiliated governing bodies.
Regular City Council Meeting Agenda
October 7, 2014
Page 6 of 8
Gas and Electric Department
23. Approval of the Superior Lithographic Optical Fiber Use Agreement No. 12.
Recommendation:
(1) Find that the approval requested is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with CEQA Guidelines Section 15303(d) which exempts minor
extensions of utility services, and under Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment because the proposal will not
require any construction, and the only physical change to the environment is stringing a few
hundred feet of fiber optic cabling (of roughly ½ inch in diameter) from existing utility poles
onto private property; and
(2) Approve Optical Fiber Use Agreement No. 12 between the City of Vernon and Superior
Lithographic and the related Short Form IRU-12.1 Indefeasible Right of Use Agreement, in
substantially the same form as submitted with the staff report. Upon approval, construction for
the implementation of an Optical Fiber Connection will commence.
Public Works, Water and Development Services Department
24. Ratify the Agreement for the preparation of a Load Reduction Strategy to address the 2012
Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System
Permit Requirements.
Recommendation:
(1) Find that the approval of an Agreement between the participating cities and the Los Angeles
County Flood Control District (“FCD”) for the Los Angeles River Upper Reach 2 (“LAR UR2”)
Watershed Management Area (“WMA”) is exempt under the California Environmental Quality
Act (“CEQA”):
a) The authorization to prepare a Load Reduction Strategy is exempt from CEQA pursuant
to CEQA Guidelines Section 15307 because the authorization to submit the plan is an
action taken by the City in its role as a regulatory agency authorized by state regulation
and is intended to assure the maintenance, restoration, enhancement, or protection of a
natural resource where the regulatory process involves procedures for protection of the
environment; and
b) The authorization to prepare the Load Reduction Strategy is covered by the general rule
set forth in CEQA Guidelines Section 15061(b)(3) which provides that CEQA applies
only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. Here, the authorization to prepare the plan involves procedures for the
protection of the environment and has no significant adverse effect on the environment.
(2) Ratify the City Administrators’ execution of an Agreement, attached to the staff report as Exhibit
A, between the participating cities and the FCD for the LAR UR2 WMA for preparation of a
Load Reduction Strategy (“LRS”) to address the 2012 Municipal Separate Storm Sewer System
(“MS4”) National Pollutant Discharge Elimination System (“NPDES”) Permit (hereinafter the
Municipal NPDES Permit) Requirements (hereinafter the “Agreement”). The City of Vernon’s
cost share for the LRS is $6,429.00.
Regular City Council Meeting Agenda
October 7, 2014
Page 7 of 8
25. Award Bid for Contract No. CS-0428, the Office Reconfiguration of City Administration, City
Attorney, and Human Resources Departments.
Recommendation:
(1) Find that the proposed Capital Improvement Project is categorically exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15301,
Existing Facilities, part (a), because the project is merely to make interior or exterior alterations
involving partitions, plumbing, and electrical conveyances; and
(2) Accept the bid of Victor Palos Development and Construction, as the lowest responsive and
responsible bidder and enter into a contract, at an amount not-to-exceed $309,900.00, for the
Office Reconfiguration of City Administration, City Attorney and Human Resources
Departments Project, Contract No. CS-0428, and to reject all other bids. Further authorize a
contingency of $50,000.00, in the event of an unexpected changed condition in the project and
grant authority to the City Administrator to issue a change order for an amount up to the
contingency amount.
ORAL REPORTS
26. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
27. City Council Reports – brief report on activities, announcements, or directives to staff.
CLOSED SESSION
28. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE.
Government Code Section 54957
29. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS.
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa McAllister and Paul Coble
Employee Organization: Teamsters Local 911
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Regular City Council Meeting Agenda
October 7, 2014
Page 8 of 8
30. CONFERENCE WITH REAL PROPERTY NEGOTIATORS.
Government Code Section 54956.8
Property: 3200 Fruitland Avenue, Vernon, California
Agency Negotiator: Mark Whitworth, City Administrator / Alex Kung, Economic Development
Manager
Negotiating Party: Pechiney Cast Plate, Inc.
Under Negotiation: Price and Terms of Payment
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe
Avenue, Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on
this agenda. Dated this 2nd day of October 2014.
By: ________________________________
Ana Barcia
Deputy City Clerk
CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
TO PERSON OR PROPERTY CLAIM No
INSTRUCTIONS
1. Claims for death, injury to person or topersonal property must be filed notlater
than 6 months after the occurrence. (Gov. Code Sec. 911.2)
2. Claims for damages to real property and/or breach of contract must be RECEIVED .filed not laterthan 1 year after the occurrence (Gov. Code Sec.911.2)
3. Read entire claimbefore filing.
4. See page 2 for diagram upon which to locate place of accident.SEP 15 2014
5. This claim form must be signed on page 2 atbottom.
6. Attachseparate sheets, if necessary,to give fulldetails. SIGN EACH SHEET.
7. Claim must be filed with City Clerk(Gov. Code Sec.915a) CITY OFFICE
TO: CITY OF VERNON CITY COUNCIL
Name of Claimant Age of Claimant(if natural person)
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Home Address of Claimant City and State Home TelephoneNumber
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MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, SEPTEMBER 2, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, and Ybarra
MEMBERS ABSENT: Martinez (entire meeting)
The meeting was called to order at 9:00 a.m. by Mayor McCormick; Councilmember Ybarra 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. The public will also be
given an opportunity to comment on matters on the posted agenda during Council deliberation.
Independent Reform Monitor John Van de Kamp posed questions regarding the Warrant
Registers and whether the City Council understood the charges, was given the opportunity to
review and/or question the expense. He recommended memorializing the process of approval as
part of the recommendation.
In response, Mayor McCormick reported on the process and the review by the signatory parties.
Finance Director William Fox addressed Van de Kamp’s concerns, and further reported on the
process. Recommendations are currently being performed.
PRESENTATIONS
1. Presentation by the Muscular Dystrophy Association (MDA) recognizing the
Vernon Firefighter’s participation in the 2014 Fill the Boot fundraising event.
Emily Harvey, Fundraiser Coordinator for the Muscular Dystrophy Association, thanked the City
for their participation in the Fill the Boot Campaign and reported on their success. Firefighter
Paul Johnson additional reported on the Department’s participation.
CONSENT CALENDAR
It was moved by Maisano and seconded by Davis to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 4-0.
Claims Against the City – Received and Filed
2. None.
Minutes – To be Received and Filed
3. Minutes of the Regular City Council Meeting held August 19, 2014.
Warrant Registers
4. Approval of City Warrant Register No. 1407, totaling $319,642.79, which covers
the period of August 12, through August 25, 2014, and consists of the following:
a. Ratification of wire transfers totaling $56,533.67; and
Regular City Council Meeting Minutes
September 2, 2014
Page 2 of 9
b. Ratification of the issuance of early checks totaling $160,992.60; and
c. Authorization to issue pending checks totaling $102,116.52.
5. Approval of Light & Power Warrant Register No. 372, totaling $3,672,645.57,
which covers the period of August 12, through August 25, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $3,589,289.84; and
b. Ratification of the issuance of early checks totaling $43,882.09; and
c. Authorization to issue pending checks totaling $39,473.64.
6. Approval of Gas Warrant Register No. 160, totaling $716.91, which covers the
period of August 12, through August 25, 2014, and consists of the following:
a. Ratification of the issuance of early checks totaling $500.00; and
b. Authorization to issue pending checks totaling $216.91.
City Administration Department
7. Exemption of Services Agreement with Vironex, Inc., from the Competitive
Bidding Requirements for Remediation Activities Conducted at 5119-5309 District
Blvd.
Recommendation:
(1) Find that the City Administrator’s decision to award an agreement to Vironex,
Inc., to conduct remediation related services at the City owned property located at
5119-5309 District Blvd. was 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) Ratify the City Administrator’s determination to exempt the services agreement
with Vironex, Inc., (“Vironex”) from the competitive bidding/selection process
pursuant to Vernon Municipal Code Sections 2.17.12(A)(3), 2.17.12(A)(10), and
2.17.12(B)(2).
Fire Department
8. Activity Report for the period of August 1, through August 15, 2014, to be received
and filed.
Police Department
9. Activity Log and Statistical Summary of Arrest and Activities for the period of
August 1, through August 15, 2014, to be received and filed.
NEW BUSINESS
City Administration Department
10. Resolution No. 2014-53 - A Resolution of the City Council of the City of Vernon
amending Resolution No. 2012-173 regarding the reimbursement of certain costs
incurred by current Vernon City personnel in connection with a review by the
California Public Employees’ Retirement System (“CALPERS”).
Recommendation:
(1) Find that the approval of the resolution proposed in the staff report 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 to authorize up to an additional $30,000 in reimbursable
legal expenses for Michael McCormick relating to his ongoing appeal of
Regular City Council Meeting Minutes
September 2, 2014
Page 3 of 9
CalPERS’ determination arising out of the Report findings (CalPERS Case No.
2013-0899).
Mayor McCormick and City Administrator Mark Whitworth recused themselves from the
discussion pertaining to the proposed item and exited the Council Chambers.
City Attorney Hema Patel explained the recommendation as the current limit has been exhausted.
In response to Mayor Pro-Tem Davis’ inquires, Patel explained the repercussions of the
resolutions. Patel advised that additional information regarding the status of pending CalPERS
related litigation would be discussed in closed session.
Independent Reform Monitor John Van de Kamp recommended a policy that can be applicable
to all. He further recommended that further discussions be held in closed session.
In response to Councilmember Ybarra, Patel confirmed that the outcome of McCormick’s appeal
process could affect other employees in similar situations. Patel further clarified that the
proposed increase does not apply to Bruce Malkenhorst Sr.
It was moved by Maisano and seconded by Ybarra to approve Resolution No. 2014-53. Motion
carried, 3-0; Mayor McCormick had recused himself from deliberation and exited the Chamber
prior to the discussion.
Mayor McCormick and City Administrator Mark Whitworth reentered the Council Chamber and
meeting.
11. Resolution No. 2014-54 - 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. 12).
Recommendation:
(1) Find that approval of the proposed resolution in the staff report 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 and adopt the resolution amending Exhibit A – Classification and
Compensation Plan, of the Citywide Personnel and Salary Resolution, to be
effective September 2, 2014, to add the new job classification of Business License
Clerk with salary grade 4230 at $2,539 – $4,201 per month - Teamsters
Miscellaneous Group, update the salary grade for City Attorney to E47, and
update Facilities Maintenance Worker Job Code to 7720.
Director of Human Resources Teresa McAllister provided the oral report on the recommendation
to amend the classification and compensation plan in order to reclassify an incumbent to
Business License Clerk and make minor edits.
It was moved by Ybarra and seconded by Davis to approve Resolution No. 2014-54. Motion
carried, 4-0.
12. Resolution No. 2014-55 - 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 International Brotherhood of Electrical
Workers Local 47 for the period of July 1, 2014 through June 30, 2016.
Recommendation:
(1) Find that approval of the resolution proposed in the staff report 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
Regular City Council Meeting Minutes
September 2, 2014
Page 4 of 9
(2) Adopt the proposed resolution approving Amendment No. 1 to the 2014-2016
Memorandum of Understanding by and between the City of Vernon and the
International Brotherhood of Electrical Workers Local 47 as it relates to the
DuPont work schedule.
Director of Human Resources Teresa McAllister reported on the amended to the Memorandum
of Understanding in order to correct and comply with CalPERS requirements for DuPont work
schedules.
It was moved by Davis and seconded by Maisano to approve Resolution No. 2014-55. Motion
carried, 4-0.
City Attorney Department
13. Approval of an attorney services agreement between the City of Vernon and
Liebert Cassidy Whitmore for personnel and labor law attorney services.
Recommendation:
(1) Find that approval of the proposed Attorney Services Agreement with Liebert
Cassidy Whitmore is 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) Authorize the City Administrator to enter into an Attorney Services Agreement
between the City of Vernon and Liebert Cassidy Whitmore, in substantially the
same form as submitted herewith, for a one-year period in an amount not to
exceed $150,000.00.
City Attorney Hema Patel conducted the oral report on the recommendation to continue retaining
the law firm for personnel and labor law attorney services.
It was moved by Ybarra and seconded by Maisano to approve the attorney services agreement
with Liebert Cassidy Whitmore. Motion carried, 4-0.
Gas and Electric Department
14. Resolution No. 2014-56 - A Resolution of the City Council of the City of Vernon
establishing energy procurement targets of zero megawatt hours by December 31,
2016, and December 31, 2020.
Recommendation:
(1) Find that the approval requested in the staff report (a) is not a “project” under the
California Environmental Quality Act (“CEQA”), because the proposal is to
maintain the status quo; and (b) even if it were a project, it would be exempt
under 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 adopt energy storage procurement targets of zero
megawatt hours by the end of 2016 and 2020 on the grounds that procurement of
energy storage systems is not cost-effective.
Director of Gas and Electric Carlos Fandino conducted the oral report on the determination and
recommendation regarding energy storage procurement pursuant to AB2514.
It was moved by Davis and seconded by Ybarra to approve Resolution No. 2014-56. Motion
carried, 4-0.
15. Approval of a services agreement with Power Engineers, Inc., in response to the
Request for Proposals for Distributed Generation Impact Study.
Regular City Council Meeting Minutes
September 2, 2014
Page 5 of 9
Recommendation:
(1) Find that awarding the agreement as outlined in the staff report 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 and authorize the execution of a services agreement with Power
Engineers, Inc. (“PEI”), for services regarding a distributed generation impact
study, in substantially the same form as submitted with the staff report, for a
grand total compensation amount not-to-exceed $218,780.00 over the one year
term of the agreement.
Director of Gas and Electric Carlos Fandino conducted the oral report on the approval of the
proposed agreement to conduct a distributed generation impact study.
Steve L’Ecluse of Bandini Truck Terminal sought clarification on the recommendation and
inquired whether the businesses would be involved in the process.
In response, Fandino further explained the recommendation and advised that the study would be
available pursuant to the Public Records Act.
Independent Reform Monitor John Van de Kamp noted that the study came as a result of the
business community. He recommended that a workshop be held with the business community
before the study or report is issued.
In response to Councilmember Ybarra, Fandino further clarified the purpose and need for the
study.
Director of Public Works, Water and Development Services Kevin Wilson further advised that
the study will determine whether the zoning ordinance needs to be amended.
In response to Mayor Pro-Tem Davis, Fandino advised that the study may also provide a
recommendation on the metering process.
It was moved by Davis and seconded by Maisano to approve the service agreement with Power
Engineers, Inc. for the distribution generation impact study. Motion carried, 4-0.
Public Works, Water and Development Services Department
16. Contract No. CS-0025 to Purchase Slurry Material for the Citywide Slurry Seal, Phase
III Project.
Recommendation:
(1) Find that the approval of the proposed Citywide Slurry Seal, Phase III Project is
exempt under the California Environmental Quality Act (“CEQA”) in accordance
with Section 15301, Existing Facilities, part (c), existing highways and streets;
and
(2) Authorize the City Administrator to approve an agreement with Petrochem
Manufacturing, Inc. for the Material and Delivery for the Citywide Slurry Seal
Phase III Project, Contract CS-0025 provided that the contract is substantially
similar to the form included with the staff report, and includes a not to exceed
amount of $ 138,000.00. It is further recommended that the City Council find that
awarding the contract is exempt from Competitive Bidding pursuant to Vernon
Municipal Code § 2.17.12(A)(5)(b), because it is a contract for supplies with a
vendor that provided the same supplies to the City of Los Angeles at the same
price reflected in the contract.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
recommendation.
Regular City Council Meeting Minutes
September 2, 2014
Page 6 of 9
It was moved by Maisano and seconded by Davis to approve the agreement with Petrochem
Manufacturing, Inc for the material and delivery for the Citywide Slurry Seal Phase III Project,
Contract CS-0025. Motion carried, 4-0.
17. Bid Award for Contract No. CS-0487: Labor and Equipment for Placement of Type II
(REAS) Slurry Seal for the Citywide Rubberized Slurry Seal Phase III Project.
Recommendation:
(1) Find that the approval of the proposed Citywide Slurry Seal, Phase III Project is
exempt under the California Environmental Quality Act (“CEQA”) in accordance
with Section 15301, Existing Facilities, part (c), existing highways and streets;
and
(2) Accept the bid from All American Asphalt as the lowest responsive and
responsible bidder and authorize the City Administrator to enter into a contract in
a form substantially similar to the contract attached to the staff report, in an
amount not to exceed $66,123.00, for the Labor and Equipment for Placement of
Type II, Rubberized Emulsion Aggregate Slurry (“REAS”) Seal, Contract No.
CS-0487. Further authorize a contingency of $6,612.00 in the event of an
unexpected changed condition in the project and grant authority to the City
Administrator to issue a change order for an amount up to the contingency
amount.
Director of Public Works, Water and Development Services Kevin Wilson provided the oral
reported on the recommendation.
It was moved by Maisano and seconded by Ybarra to accept the bid from All American Asphalt
for labor and equipment for placement of Type II (REAS) Slurry Seal for the Citywide
Rubberized Slurry Seal Phase III Project, Contract CS-0487. Motion carried, 4-0.
18. Bid Award for Contract No. CS-0448 - Refuse Collection, Recycling and Disposal
Services.
Recommendation:
(1) Find that entering into the proposed contract for Refuse Collection, Recycling and
Disposal 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) Section 15301, because the proposed service is simply the
maintenance of existing facilities by removing refuse from those facilities and
there would be no expansion of use beyond that currently existing; and
(2) Accept the bid from Haul-Away Rubbish Service Company, Inc., as the lowest
responsive and responsible bidder and authorize the City Administrator to enter
into a contract with Haul-Away Rubbish Service Company, Inc., provided that the
contract is approved by the City Attorney and is substantially similar to the
attached Labor and Materials Contract submitted with the staff report. The
contract would be for a three (3) year period at an amount not to exceed
$120,000.00, for Refuse Collection, Recycling and Disposal Services, Contract
No. CS-0448.
Director of Public Works, Water and Development Services Kevin Wilson provided the oral
report on the request.
In response to Councilmember Ybarra, Wilson advised that the new housing development is
considered a commercial property and would contract directly with a trash hauler for these
services. Wilson will inquire whether private residences can receive the same fee for services.
It was moved by Davis and seconded by Maisano to accept the bid from Haul-Away Rubbish
Service Company Inc. for refuse collection, recycling, and disposal services, Contract No. CS-
0448. Motion carried, 4-0.
Regular City Council Meeting Minutes
September 2, 2014
Page 7 of 9
ORDINANCES
19. Ordinance No. 1225 - An Ordinance of the City Council of the City of Vernon
amending Section 2.174(a)(3) of the Vernon Municipal Code to modify the
qualifications of one of the appointment categories for the Vernon Business and
Industry Commission. (second reading)
Recommendation:
(1) Find that approval, and subsequent adoption, of the proposed ordinance 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 proposed ordinance to modify the qualifications of the “Labor”
appointment category for the Vernon Business and Industry Commission
Mayor McCormick announced the proposed ordinance by title.
City Administrator Mark Whitworth noted no changes to the proposed ordinance since its
introduction at the last City Council meeting.
It was moved by Ybarra and seconded by Maisano to adopt Ordinance No. 1225. A roll-call
vote was taken:
- Councilmember Ybarra, yes
- Councilmember Maisano, yes
- Mayor Pro Tem Davis, yes
- Mayor McCormick, yes
Motion to adopt Ordinance No. 1225 carried, 4-0.
ORAL REPORTS
20. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
21. City Council Reports – brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on officers’ responses to recent incidents. Calleros
announced the California Great Shake-out Earthquake Exercise on October 16, 2014.
Captain Michael Gillman announced that there was no vandalism to report. Mayor McCormick
reported on vandalism he had observed within the City.
Fire Chief Michael Wilson reported on the department’s response to recent structural fires.
Wilson also reported on the firefighter recruitment process, and training activities.
Director of Public Works, Water and Development Services Kevin Wilson provided an updates
on capital improvement projects and the new housing development project.
In response to Mayor McCormick, Wilson will attempt to obtain an update on the status of the
Atlantic Boulevard, I-710 construction project.
Director of Gas and Electric Carlos Fandino reported on a car hit pole incident that resulted in an
outage and advised that Vernon utilities are being installed at the Vernon Village Park
Apartments. The installation of Vernon gas utility at Farmer John is ongoing.
Finance Director William Fox reported on Risk Management’s works efforts to recover costs for
incidents that involved damage to public property. The Financial audit is ongoing.
Director of Health and Environmental Control Leonard Grossberg reported on the Thermador
property and ongoing efforts to receive closure from the Department of Toxic Substances
Regular City Council Meeting Minutes
September 2, 2014
Page 8 of 9
Control. The ordinance on trash haulers is being drafted. He announced the recruitment for an
Environmental Specialist and the Green Vernon Commission Meeting on September 17, 2014, at
3:30 p.m.
Director of Human Resources Teresa McAllister announcement the Health and Lifestyle
exposition on September 18, 2014. McAllister also reported on upcoming resources to the
Human Resources webpage.
Economic Development Manager/Successor Agency Staff Alex Kung announced the September
4, 2014 Oversight Board to the Successor Agency meeting. Kung also announced the Vernon
Commerce Federal Credit Union grand opening on September 5, 2014.
Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane
announced the grand opening of the artificial turf soccer field at Salt Lake Park on September 6,
2014.
City Administrator Mark Whitworth reported on his meeting with California Consulting on grant
updates. He reported on the Councilmembers’ and staffs’ upcoming attendance to the League of
California Cities Annual Conference September 3 to 5, 2014.
Whitworth announced the Vernon Housing Commission meeting on September 10, 2014, at 6:00
p.m. and the Vernon CommUNITY Fund Grant Committee workshop on September 12, 2014, at
12:00 p.m. He reminded all that the September 16, 2014, City Council meeting is reserved for
the AB1234 Ethics training.
Whitworth advised that Councilmember Martinez was not in attendance due to a family
emergency, but that she looks forward to being in attendance at the next Council meeting.
CLOSED SESSION
With no public comment on the closed session items, at 10:20 a.m., the City Council entered
closed session to discuss the agendized items.
1. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth and Teresa McAllister
Employee Organization: Vernon Police Officers’ Benefit Association
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (7)
Government Code Section 54956.9(d)(1)
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
Bruce Malkenhorst, Sr. v. City of Vernon, et al.
Los Angeles Superior Court Case No. BC516321
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. State of California, et al.
United States District Court Case No. SACV14-00269
Jurupa Avenue Limited Partnership v. City of Vernon, et al.
Los Angeles Superior Court Case No. BC516913
Regular City Council Meeting Minutes
September 2, 2014
Page 9 of 9
Ortiz v. Los Angeles County Metropolitan Transportation Authority, et al.
Los Angeles County Superior Court Case No. BC525587
AFA Investment Inc., et al. vs. City of Vernon Utilities
U.S. Bankruptcy Court for the District of Delaware, Case No. 14-50130
At 11:00 a.m., the Council exited closed session. City Attorney Hema Patel announced that
there is no reportable action.
With no further business, at 11:00 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD THURSDAY, SEPTEMBER 11, 2014, IN
THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, and Martinez
MEMBERS ABSENT: Ybarra (entire meeting)
The meeting was called to order at 2:00 p.m. by Mayor McCormick.
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 on any matter on the posted
agenda. No one responded.
CLOSED SESSION
With no public comment on the closed session item, at 2:00 p.m., it was moved by Davis and
seconded by Martinez to enter into closed session to discuss the agendized item.
1. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957
At 2:36 p.m., it was moved by Davis and seconded by Maisano to exited closed session. City
Attorney Hema Patel announced that City Council met on the above referenced matter; there is
no reportable action.
With no further business, at 2:37 p.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL AND SPECIAL
JOINT MEETING OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY, VERNON HOUSING AUTHORITY,
INDUSTRIAL DEVELOPMENT AUTHORITY, AND VERNON
HISTORICAL PRESERVATION SOCIETY OF THE CITY OF
VERNON HELD TUESDAY, SEPTEMBER 16, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez and Ybarra
MEMBERS ABSENT: None
The above listed meetings were called to order at 9:05 a.m. by Deputy City Clerk Ana Barcia;
Barcia announced the adjournment of the following meetings due to lack of quorum, which were
also noticed on the same agenda:
- Vernon Housing Commission
- Green Vernon Commission
- Vernon CommUNITY Fund Grant Committee
- Oversight Board of the Successor Agency to the Redevelopment Agency
Mayor/Chairperson McCormick led the flag salute.
CHANGES TO THE AGENDA
Mayor/Chairperson McCormick announced that there are no changes to the agenda.
PUBLIC COMMENT
Mayor/ Chairperson McCormick announced that this was the time allotted for public comment,
and inquired whether anyone in the audience wished to address the City Council and or
Agencies. The public will also be given an opportunity to comment on matters on the posted
agenda during deliberation.
Mary Alice Sedillo, Campaign Manager for Alex Reynoso, candidate for the 2015 Huntington
Park City Council, made an announcement regarding multiple upcoming campaign events.
Sandra Orozco, southeast area activist, invited all to various City of Maywood events, and
reported on various events in Maywood.
TRAINING
1. AB1234 Ethics, Ralph M. Brown Act, and California Public Records Act Training
Presented by Reed & Davidson, LLP.
Dana Reed and Jerry Simmons of Reed & Davidson, LLP conducted the training.
CONSENT CALENDAR
It was moved by Davis and seconded by Maisano to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 5-0.
Claims Against the City – Received and Filed
2. None.
/ / /
/ / /
Regular City Council and Special Joint et al. Meeting Minutes
September 16, 2014
Page 2 of 4
Minutes – To be Received and Filed
3. Minutes of the Special Joint City Council and Successor Agency Meeting held
September 2, 2014.
4. Approval of Ad Hoc Advisory Committee for Electric Rates Minutes.
Recommendation:
(1) Find that the approval of the proposed minutes does not constitute a “project”
pursuant to section 15378(b)(2) of the Guidelines to the California Environmental
Quality Act (“CEQA”), because it constitutes an administrative activity; and even
if the approval of the proposed minutes did constitute 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, and receive and file the Minutes of the Ad Hoc Advisory Committee for
Electric Rates for the following dates:
a. Minutes of the Special Ad Hoc Advisory Committee on Electric Rates
Meeting held April 2, 2014.
b. Minutes of the Special Ad Hoc Advisory Committee on Electric Rates
Meeting held May 7, 2014.
Warrant Registers
5. Ratification of the following City Warrant Registers to record the following voided
checks:
a. City Warrant Register No. 1407 to record voided Check No. 345097 in the
amount of $12,408.36; and
b. City Warrant Register No. 1406 to record voided Check No. 344930 in the
amount of $120.00; and
c. City Warrant Register No. 1407 to record voided Check No. 345064 in the
amount of $277.44.
6. Ratification of Light and Power Warrant Register No. 342 to record voided Check
No. 509940 in the amount of $14,674.67.
7. Approval of City Payroll Warrant Register No. 699, totaling $2,785,130.52, which
covers the period of August 1, through August 31, 2014, and consists of the
following:
a. Ratification of direct deposits, checks and taxes totaling $2,028,187.13; and
b. Checks and electronic fund transfers totaling $756,943.39.
8. Approval of City Warrant Register No. 1408, totaling $1,281,532.27, which covers
the period of August 26, through September 8, 2014, and consists of the following:
a. Ratification of wire transfers totaling $926,972.05; and
b. Ratification of the issuance of early checks totaling $253,113.24; and
c. Authorization to issue pending checks totaling $101,446.98; and
d. Voided Check No. 345133 in the amount of $40.00.
9. Approval of Light & Power Warrant Register No. 373, totaling $5,174,835.37,
which covers the period of August 26, through September 8, 2014, and consists of
the following:
a. Ratification of wire transfers totaling $5,095,944.30; and
b. Ratification of the issuance of early checks totaling $49,983.51; and
c. Authorization to issue pending checks totaling $28,907.56.
Regular City Council and Special Joint et al. Meeting Minutes
September 16, 2014
Page 3 of 4
10. Approval of Gas Warrant Register No. 161, totaling $2,631,903.39, which covers
the period of August 26, through September 8, 2014, and consists of the following:
a. Ratification of wire transfers totaling $2,611,982.50; and
b. Ratification of the issuance of early checks totaling $55.56; and
c. Authorization to issue pending checks totaling $19,865.33.
11. Approval of Federal Funds for Street Improvements Warrant Register No. 19,
totaling $632.92, which covers the period of August 26, through September 8, 2014,
and consists of the following:
a. Ratification of wire transfers totaling $632.92
City Administration Department
12. 1) Resolution No. 2014-57 - 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 Officers’ Benefit Association for the period of July 1, 2014
through June 30, 2017.
2) Resolution No. 2014-58 - 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. 13)
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 attached resolution approving the Memorandum of Understanding by
and between the City of Vernon and the Vernon Police Officers’ Benefit
Association (“VPOBA”) for the period of July 1, 2014 through June 30, 2017;
and
(3) Adopt the attached resolution amending Exhibit A of the Citywide Personnel and
Salary Resolution effective July 1, 2014, implementing the changes set forth in
the 2014-2017 Memorandum of Understanding between the City of Vernon and
VPOBA.
City Clerk Department
13. Approve Revisions to the Agencies’ Conflict of Interest Codes, and authorize the
incorporation of said recommended Codes into a Master City of Vernon Conflict
of Interest Code.
It is recommended that the Successor Agency to the Redevelopment Agency,
Vernon Housing Authority, Industrial Development Authority, and Vernon
Historical Preservation Society:
(1) Find that the proposed actions do not constitute a “project” pursuant to section
15378(b)(2) of the Guidelines to the California Environmental Quality Act
(“CEQA”), because they constitute administrative activities; and even if the
proposed did constitute 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) Review their respective existing Conflict of Interest Code (“Code”), and approve
the proposed revisions to the City Council by directing its Chairperson to
document said decision by filing the “2014 Local Agency Biennial Notice” with
the Office of the City Clerk; and
(3) Recommend that the City Council incorporate the recommended revisions, into
one city-wide Master Conflict of Interest Code.
Regular City Council and Special Joint et al. Meeting Minutes
September 16, 2014
Page 4 of 4
Health and Environmental Control Department
14. August 2014 Monthly Report, to be received and filed.
Police Department
15. Activity Log and Statistical Summary of Arrest and Activities for the period of
August 16, through August 31, 2014, to be received and filed.
Public Works, Water and Development Services Department
16. Building Department Report for the month of August 2014, to be received and
filed.
17. Authorize the execution of the Easement for Public Road for 5000 Pacific
Boulevard.
Recommendation:
(1) Find that the attached Easement for Public Road is categorically exempt under the
California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15061(b) (3), the general rule the CEQA only applies to
projects that may have an effect on the environment; and
(2) Accept the Easement for Public Road and authorize the Mayor and Deputy City
Clerk to execute said document.
With no further business, at 10:54 a.m., the meeting was adjourned.
________________________
W. Michael McCormick
Mayor/ Chairperson
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD MONDAY, SEPTEMBER 29, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, and Martinez
MEMBERS ABSENT: Ybarra (entire meeting)
The meeting was called to order at 7:31 a.m. by Mayor McCormick.
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 on any matter on the posted
agenda. No one responded.
CLOSED SESSION
With no public comment on the closed session item, at 7:32 a.m., it was moved by Maisano and
seconded by Davis to enter into closed session to discuss the agendized item.
1. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957
At 8:24 a.m., the Council exited closed session. City Attorney Hema Patel announced that City
Council met on the above referenced matter; there is no reportable action.
With no further business, at 8:25 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk