2014-10-21 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, OCTOBER 21, 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: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick; Director of Public Works,
Water and Development Services Kevin Wilson led the flag salute.
CHANGES TO THE AGENDA
Deputy City Clerk Ana Barcia announced a correction to the Special Municipal Election date as
noted on 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.
Carry Rogers and Barbara Levine of the Los Angeles County Economic Development
Corporation announced Vernon as a finalist in the 2014 Most Business-Friendly City in Los
Angeles County award in the population under 65,000 category. They acknowledged many of
Vernon’s attributes that make it a business-friendly city.
On behalf of the LACED and Los Angeles County, Rogers and Levine presented the City
Council with a scroll and plaque recognizing Vernon as a finalist.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards
August 2014 Anniversary
Employee Name Job Title Years
1. William “Bill” Wilson Fire Code Inspector 30
2. Patrick Keye Utilities Dispatcher 30
3. Ruben Herrera Warehouse Worker 25
4. Cerissa Diaz Lead Police Dispatcher 15
5. Andrea Negrete Utilities Customer Service Representative 10
6. Ruben Rodriguez Assistant Resource Scheduler 5
September 2014 Anniversary
Employee Name Job Title Years
1. Gregory Bringhurst Fire Engineer 25
2. William Foltz Fire Engineer 25
3. Jeffrey Graves Fire Captain 25
4. Daniel Kimes Fire Captain 25
5. Dean Richens Fire Captain 25
6. Paul Johnson Fire Engineer 20
7. David Koltvet Fire Engineer 20
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8. Michael Langer Administrative Captain 20
9. Jason McEachran Fire Engineer 20
10. Lawrence Muno Firefighter 20
11. Victor Modesto Lead Mechanic 20
12. Anthony Hinojos Senior Water Maintenance Worker 20
13. Marisol Trujillo Senior Administrative Assistant 15
14. Richard Velasquez Police Officer 10
15. Gabriel Martinez Police Officer 10
Director of Human Resources reported on all those in attendance; Mayor McCormick presented
the service pins. The City Council recognized those that were not in attendance.
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, 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 on October 7, 2014.
4. Approval of Ad Hoc Advisory Committee for Business Development 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 Business Development for the following dates:
a. Minutes of the Regular Ad Hoc Advisory Committee for Business
Development Meeting held on June 13, 2012.
b. Minutes of the Regular Ad Hoc Advisory Committee for Business
Development Meeting held on August 8, 2012.
c. Minutes of the Regular Ad Hoc Advisory Committee for Business
Development Meeting held on December 12, 2012.
Warrant Registers
5. Ratification of Gas Warrant Register No. 160 to record voided Check No. 1184 in
the amount of $500.00.
6. Approval of City Payroll Warrant Register No. 700, totaling $2,607,688.08, which
covers the period of September 1, through September 30, 2014, and consists of the
following:
a. Ratification of direct deposits, checks and taxes totaling $1,891,231.66; and
b. Checks and electronic fund transfers totaling $716,456.42.
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7. Approval of City Warrant Register No. 1410, totaling $2,014,047.77, which covers
the period of September 30, through October 13, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $1,389,831.83; and
b. Ratification of the issuance of early checks totaling $208,152.02; and
c. Authorization to issue pending checks totaling $416,063.92.
8. Approval of Light & Power Warrant Register No. 375, totaling $445,160.40, which
covers the period of September 30, through October 13, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $295,724.30; and
b. Ratification of the issuance of early checks totaling $101,223.58; and
c. Authorization to issue pending checks totaling $48,212.52.
9. Approval of Gas Warrant Register No. 163, totaling $147,398.54, which covers the
period of September 30, through October 13, 2014, and consists of the following:
a. Ratification of the issuance of early checks totaling $136,008.65; and
b. Ratification of the issuance of early checks totaling $3,182.56; and
c. Authorization to issue pending checks totaling $8,207.33.
Finance Department
10. Request for Approval for San Gabriel, Inc., doing business as, Santee Market
Check Cashing, to perform mobile check cashing services in the City of Vernon.
Recommendation:
(1) Find that the approval of the proposed is exempt under the California
Environmental Quality Act (“CEQA”). In accordance with Section 15061(b) (3),
the general rule is that CEQA only applies to projects that may have an effect on
the environment; and
(2) Approval of San Gabriel, Inc., doing business as, Santee Market Check Cashing
(“Santee”), to perform mobile check cashing services in the City of Vernon.
Santee has met all the requirements as specified under Chapter 18, Article V, of
the Vernon Municipal Code.
Fire Department
11. Activity Report for the period of September 16, through September 30, 2014, to be
received and filed.
Health and Environmental Control Department
12. September 2014 Monthly Report, to be received and filed.
Police Department
13. Activity Log and Statistical Summary of Arrests and Activities for the period of
September 16, through September 30, 2014, to be received and filed.
Public Works, Water and Development Services Department
14. Building Department Report for the month of September 2014, to be received and
filed.
15. Acceptance of Work of Sully-Miller Contracting Company regarding Contract No.
CS-0403 – Boyle Avenue and Fruitland Avenue Street Improvements Projects.
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Recommendation:
(1) Affirm that accepting the work of Sully-Miller Contracting Company, for the
Boyle Avenue and Fruitland Avenue Street Improvements, Contract No. CS-
0403, is categorically exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15301, Existing Facilities, part (c), existing
highways and streets, because the project is merely to repair existing streets; and
(2) Accept the work of Sully-Miller Contracting Company, as part of the Boyle
Avenue and Fruitland Avenue Street Improvements Project, Contract No. CS-
0403.
16. Approval to issue a Notice Inviting Bids per Contract No. CS-0484 for Equipping
Well No. 21 and Related Site Work.
Recommendation:
(1) Find that approval requested is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with CEQA Guidelines Section 15302 (c),
the replacement or reconstruction of existing structures and facilities where the
new structure will be located on the same site as the structure replaced and will
have substantially the same purpose and capacity as the structure replaced; and
(2) Approve the issuance of a Notice Inviting Bids, per Contract CS-0484 for
Equipping Well No. 21 and Related Site Work, in substantially the same form as
submitted with the staff report.
NEW BUSINESS
City Clerk Department
17. Approval of items regarding the holding of a Special Municipal Election on
February 17, 201[5]:
(1) Resolution No. 2014-62 - A Resolution of the City Council of the City of
Vernon, California, calling for the holding of an All Mail Ballot Special Municipal
Election to be held on Tuesday, February 17, 2015, for the election of a certain
officer as required by the provisions of the charter of the City of Vernon.
(2) Resolution No. 2014-63 - A Resolution of the City Council of the City of
Vernon, California, requesting the Board of Supervisors of the County of Los
Angeles to render specified services to the City relating to the conduct of a Special
Municipal Election to be held on Tuesday, February 17, 2015.
Recommendation:
(1) Find that approval of the Resolutions 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, as the proposed is administrative in nature; and
(2) Approve the Resolution calling for the holding of the Special Municipal Election
to be held on Tuesday, February 17, 2015 for the Election of a City
Councilmember to fill the unexpired term of former Councilmember Michael
Ybarra; and
(3) Approve the Resolution requesting the Board of Supervisors of the County of Los
Angeles to render specified services to the city relating to the conduct of the
Special Municipal Election to be held on Tuesday, February 17, 2015.
Deputy City Clerk Ana Barcia reported on the proposed resolutions in order to hold the Special
Municipal Election on February 15, 2014.
It was moved by Maisano and seconded by Martinez to approve Resolution No. 2014-62 and
Resolution No. 2014-63. Motion carried, 4-0.
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18. Resolution No. 2014-64 - A Resolution of the City Council of the City of Vernon
repealing Resolution No. 2012-209 and adopting regulations regarding candidate
statements submitted to voters in any general municipal or special municipal
election.
Recommendation:
(1) Find that approval of the Resolution is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment, as the proposed is administrative in nature; and
(2) Approve the Resolution repealing Resolution No. 2012-209 and adopting
regulations regarding candidate statements submitted to the voters in any general
or special municipal election.
Deputy City Clerk Ana Barcia reported on the recommendation to amend the regulations
concerning candidate statements.
It was moved by Davis and seconded by Martinez to approve Resolution No. 2014-64. Motion
carried, 4-0.
Gas and Electric Department
19. Resolution No. 2014-65 - A Resolution of the City Council of the City of Vernon
approving and adopting the Vernon Gas & Electric Department Resource
Adequacy Plan for 2015, which includes the peak demand forecast, the planning
reserve margin, the qualifying capacity criteria and the qualifying capacity from
such resources, City’s resource adequacy and supply data and approves the
resources used to satisfy the California independent system operator’s tariff
requirements.
Recommendation:
(1) Find that the approval of the City of Vernon Gas & Electric Department Resource
Adequacy Plan for 2015 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 the City of Vernon Gas & Electric
Department Resource Adequacy Plan for 2015 that adopts:
a. The approval of the coincident peak Demand Forecast for 2015;
b. The approval to retain the same 15% Reserve Margin for planning purposes;
c. The approval of the Qualifying Capacity Criteria that will be used for
determining qualifying resource types and the Qualifying Capacity from such
resources;
d. The approval of the City’s annual and monthly Resource Adequacy and
Supply data; and
e. The approval of the Resource Adequacy resources that will be counted on to
satisfy the City’s Local Capacity Requirement and Flexible Resource
Adequacy Capacity Requirement for 2015.
(3) Authorize staff to submit the City of Vernon Gas & Electric Department‘s
Resource Adequacy Plan for 2015 and the Monthly Resource Adequacy and
Supply data to the California Independent System Operator (CAISO).
Director of Gas and Electric Carlos Fandino reported on the recommendation and requirements.
It was moved by Maisano and seconded by Davis to approve Resolution No. 2014-65. Motion
carried, 4-0.
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Human Resources Department
20. Approval of items related to Teamsters Union Local 911 and City Clerk salary:
(1) Resolution No. 2014-66 - A Resolution of the City Council of the City of Vernon
approving the Memorandum of Understanding by and between the City of Vernon
and Teamsters Local 911 for the period of July 1, 2014 through June 30, 2016.
(2) Resolution No. 2014-67 - 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. 14).
Recommendation:
(1) Find that approval of the resolutions proposed in this staff 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; and
(2) Adopt the resolution approving the Memorandum of Understanding by and
between the City of Vernon and Teamsters Local 911 (“Teamsters”) 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 July 1, 2014, implementing the changes set forth in the 2014-
2016 Memorandum of Understanding between the City of Vernon and Teamsters
and amending the City Clerk salary range to $130,488 - $158,604 as a result of
the Citywide classification study conducted by Public Sector Personnel
Consultants (“PSPC”).
City Administrator Mark Whitworth reported on the new bargaining unit and the
recommendation to approve the Memorandum of Understanding (“MOU”).
Director of Human Resources Teresa McAllister further reported on the details and the
recommendation to amend the Citywide Personnel and Salary resolution to capture the changes
outlined in the MOU and amend the City Clerk salary.
It was moved by Martinez and seconded by Davis to approve Resolution No. 2014-66 and
Resolution No. 2014-67. Motion carried, 4-0.
21. Adoption of City of Vernon Personnel Policies and Procedures, Terms of
Employment (I-1) (revised).
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, Terms of Employment I-1 (revised),
and incorporate it 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.
Director of Human Resources Teresa McAlister reported on the recommendation to approve the
revised personnel policy.
City Attorney Hema Patel further reported on the change to at-will employment status for the
Deputy City Attorney position.
It was moved by Davis and seconded by Maisano to adopt the City of Vernon Personnel Policies
and Procedures, Terms of Employment (I-1) (revised). Motion carried, 4-0.
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Police Department
22. Approval of an Agreement with the Organized Crime Drug Enforcement Task Forces
regarding State and Local Overtime and Authorized Expense/ Strategic Initiative
Programs for Fiscal Year 2015.
Recommendation:
(1) Find that the agreement between the Organized Crime Drug Enforcement Task
Forces (“OCDETF”) and the City of Vernon Police Department is exempt under
the California Environmental Quality Act (“CEQA”), in accordance with Section
15061(b) (3), the general rule is that CEQA only applies to projects that may have
an effect on the environment; and
(2) Approve and authorize the Police Chief to execute an agreement with the
OCDETF on behalf of the City of Vernon, in substantially the same form as
submitted with the Staff Report, regarding State and Local Overtime and
Authorized Expense/Strategic Initiative Programs for Fiscal Year 2015.
Police Chief Daniel Calleros conducted the oral report on the recommendation and its benefit.
It was moved by Maisano and seconded by Martinez to approve the agreement with the
Organized Crime Drug Enforcement Task Force. Motion carried, 4-0.
23. Approval of a Lease Agreement with Pasadena Service Federal Credit Union for
the installation, operation, and maintenance of an automated teller machine.
Recommendation:
(1) Find that the proposed agreement with the Pasadena Service Federal Credit Union
is exempt under the California Environmental Quality Act (“CEQA”). In
accordance with Section 15061(b) (3), the general rule is that CEQA only applies
to projects that may have an effect on the environment; and
(2) Approve the Lease Agreement with the Pasadena Service Federal Credit Union,
and authorize the Police Chief to execute the Agreement, in substantially the same
form as submitted with the staff report, for the installation, operation, and
maintenance of an automated teller machine (“ATM”) to be placed in the City of
Vernon Police Department lobby.
Police Chief Daniel Calleros provided the oral report on the recommendation. In response to
Mayor Pro-Tem Davis, Calleros advised that the ATM machine will be located near the library
and under a surveillance camera.
It was moved by Maisano and seconded by Davis to approve the lease agreement with Pasadena
Services Federal Credit Union for the automated teller machine. Motion carried, 4-0.
ORDINANCES
24. ORDINANCE NO. 1226 - An Ordinance of the City Council of the City of Vernon
amending Chapter 12 of the Vernon Municipal Code and repealing all ordinances
or parts of ordinances in conflict therewith. (first 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
CEQA Guidelines sections [a] 15061(b) (3), the general rule that CEQA only
applies to projects that may have an effect on the environment.
(2) Hold the first reading of the proposed Ordinance amending Chapter 12 of the
Vernon Municipal Code regarding Waste Management and Recycling.
(3) Approve the general form of the Non-Exclusive Franchise Agreement for
Commercial Solid Waste Collection, in substantially the same form as
submitted with the staff report.
Ordinance No. 1226 was introduced by name by Mayor McCormick.
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Director of Health and Environmental Control Leonard Grossberg reported on the changes to the
ordinance and non-exclusive franchise agreement. He noted that the items were presented to the
Green Vernon Commission and reported on the comments received during the meeting.
It was moved by Davis and seconded by Maisano to approve the first reading of Ordinance No.
1226. Motion carried, 4-0.
ORAL REPORTS
25. Presentation by the Director of Public Works, Water and Development Services on
Drought Conditions on the Central Basin Aquifer.
Director of Public Works, Water and Development Services Kevin Wilson conducted a
presentation on the groundwater levels in the Central Basin for fall 2014 as provided by the
Water Replenishment District.
In response to Mayor Pro-Tem Davis, Wilson advised that the City hasn’t been significantly
impacted by the drought; however, if the drought continues, Vernon may be impacted.
City Administrator Mark Whitworth inquired how water conservation issues will affect Vernon.
In response, Wilson advised that much is dependent on the state water bond.
In response to Director of Gas and Electric Carlos Fandino’s inquiries on whether the drought is
a cyclical event and how long it would take to get out of a drought, Wilson advised that in 1977
it only took a year for the water basin to be recharged.
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.
Police Chief Daniel Calleros reported on officers’ responses to recent incidents. Calleros also
reported on City Hall’s participation in the California Great Shake-out Earthquake Exercise on
October 16, 2014.
Detective Roberto Sousa reported on existing reports of vandalism. Mayor McCormick reported
on vandalism he had observed within the City.
Fire Chief Michael Wilson also reported on the California Great Shake-out Earthquake Exercise.
Wilson announced the blood drive event for the Children’s Hospital of Los Angeles on
November 13, 2014. Wilson reported on training activities, and on the Department’s response to
recent incidents. The department is scheduled to recover approximately $71,000 from a mutual
aid response.
Director of Public Works, Water and Development Services Kevin Wilson provided updates on
various capital improvement projects.
Director of Gas and Electric Carlos Fandino reported on a power outages and provided an update
on regulatory issues and how they impact the Vernon Gas and Electric enterprise.
In response to Mayor Pro-Tem Davis, Fandino advised that the work that had been observed in
the City is preventative maintenance work.
Director of Public Works, Water and Development Services Kevin Wilson additionally advised
that a hearing with Air Quality Management District is scheduled in order to address the
generator at City Hall which has been found to be too close in proximity to the elementary
school. City Attorney Hema Patel further reported on the possible fine and on the City’s efforts
to minimize the fee.
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Finance Director William Fox provided an update on the annual financial audit. Request for
proposals have been issued for the bond refunding.
Director of Health and Environmental Control Leonard Grossberg reported on his attendance to
Air Quality Management District’s workshop on Rule 1420.1 which will place restrictions on
Exide Technologies. Grossberg provided an update on the used oil calendar program and
reported on a successful Sustainability Open House on October 9, 2014.
Director of Human Resources Teresa McAllister announced the open enrollment commencing on
November 3, 2014, and the Halloween event on October 30, 2014. McAllister reported on her
upcoming attendance to a public employee seminar and advised that recruitment for the City
Clerk position has begun.
Economic Development Manager/Successor Agency Staff Alex Kung advised that the California
Competes tax credit deadline is October 27, 2014. California Consulting will be reaching out to
Vernon businesses as there is an opportunity to apply and save money.
Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane
reported on the upcoming Special City Council meeting at Jawbone Canyon. He advised that the
Vernon Quarterly would be out within the upcoming week.
City Administrator Mark Whitworth reported on attendance to the Los Angeles County
Economic Development Corporation presentation on the economic recovery. Whitworth
reported on the two (2) vacancies on the Vernon CommUNITY Fund Grant Committee and on
interviews for Business and Industry Commission members.
Whitworth also announced that Senator Kevin De Leon is now the President Pro Tem of the
California State Senate.
Mayor McCormick reported that the City of Bell Gardens and the City of South Gate had
adjourned recent council meetings in honor of Councilmember Michael Ybarra.
CLOSED SESSION
With no public comment on the closed session items, at 10:35 a.m., the City Council entered
closed session to discuss the agendized items.
28. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: Mark Whitworth, Teresa McAllister, and Paul
Coble
Employee Organizations: Vernon Firemen's Association
29. LIABILITY CLAIM
Government Code Section 54956.9(e)(3)
Claimant: Vernon Fireman’s Association
Agency Claimed Against: City of Vernon
At 10:44 a.m., it was moved by Davis and seconded by Maisano to exit closed session. City
Attorney Hema Patel announced that there is no reportable action.
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With no further business, at 10:45 a.m., Mayor McCormick adjourned the meeting in memory of
Honorable Michael A. Ybarra.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk