2014-09-02 City Council MinutesMINUTES 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
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September 2, 2014
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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
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September 2, 2014
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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
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(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.
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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.
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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.
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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
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September 2, 2014
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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
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September 2, 2014
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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