2015-01-06 City Council Agenda PacketCalifornia 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, no appointment necessary, and on the City’s website at
www.cityofvernon.org.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48
hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable
arrangements can be made to provide accessibility to the meeting or service.
Agenda
City of Vernon
Regular City Council Meeting
Tuesday, January 6, 2015, 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
Vacant, Council Member
CALL TO ORDER & FLAG SALUTE
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.
PUBLIC HEARINGS
1. Public comment on the establishment of Vernon’s revised new Existing Transmission Contract
Adjustment for high voltage (over 200 kV) transmission entitlements (all locations outside the
City) pursuant to Vernon’s Transmission Owner Tariff.
A Resolution of the City Council of the City of Vernon adopting a revised new Transmission
Revenue Requirement for 2015 in accordance with Vernon’s Transmission Owner Tariff and
providing for tariff sheet changes to implement the adjustment.
Regular City Council Meeting Agenda
January 6, 2015
Page 2 of 6
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. Approve, pursuant to the Transmission Owner Tariff, and to be effective on January 1, 2015,
the establishment of the City’s new revised Transmission Revenue Requirement (TRR) and
Appendix I to the TO Tariff implementing the revised new TRR, as described in the Gas &
Electric TRR Report dated on or about January 6, 2015; 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 revised 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
2. None
Minutes – To be Received and Filed
3. Minutes of the Special City Council Meeting held December 9, 2014.
4. Minutes of the Regular City Council Meeting held December 16, 2014.
5. Minutes of the Adjourned Regular City Council Meeting held December 22, 2014.
Warrant Registers
6. Approval of City Warrant Register No. 1415, totaling $1,153,259.05, which covers the period of
December 9, through December 22, 2014 and consists of the following:
a. Ratification of wire transfers totaling $602,959.68; and
b. Ratification of the issuance of early checks totaling $339,327.79; and
c. Authorization to issue pending checks totaling $210,971.58.
7. Approval of Light & Power Warrant Register No. 380, totaling $1,167,734.71, which covers the
period of December 9, through December 22, 2014 and consists of the following:
a. Ratification of wire transfers totaling $1,092,283.82; and
b. Ratification of the issuance of early checks totaling $75,450.89.
8. Approval of Gas Warrant Register No. 168, totaling $10,575.88, which covers the period of
December 9, through December 22, 2014 and consists of the following:
Regular City Council Meeting Agenda
January 6, 2015
Page 3 of 6
a. Ratification of the issuance of early checks totaling $10,575.88.
Fire Department
9. Activity Report for the period of November 16, through November 30, 2014, to be received and
filed.
10. Activity Report for the period of December 1, through December 15, 2014, to be received and
filed.
Police Department
11. Activity Log and Statistical Summary of Arrests and Activities for the period of December 1,
through December 15, 2014, to be received and filed.
12. Authorize the Police Chief to execute an agreement with the Drug Enforcement Administration
(DEA), for continued participation in the Southwest Border Initiative (SWBI) taskforce.
Recommendation:
(1) Find that the proposed agreement with the Drug Enforcement Administration for continued
participation in the Southwest Border Initiative (“SWBI”) taskforce 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.
(2) Authorize the Police Chief to execute an agreement with the Drug Enforcement Administration
(“DEA”), in substantially the same form as submitted with the staff report, for continued
participation in the Southwest Border Initiative (SWBI) taskforce.
NEW BUSINESS
City Administration Department
13. Appointment to the Vacant Real Estate Seat on the Vernon Business and Industry Commission.
Recommendation:
(1) Find that the appointment of individuals to serve on the Vernon Business and Industry
Commission is exempt under the California Environmental Quality Act (“CEQA”) in accordance
with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment.
(2) Appoint one individual to fill the vacant Real Estate seat on the Vernon Business and Industry
Commission.
/ / /
/ / /
Regular City Council Meeting Agenda
January 6, 2015
Page 4 of 6
City Clerk Department
14. A Resolution of the City Council of the City of Vernon ordering that measures to amend the City
Charter amending chapters 3.3 and 3.7 Of Article III and chapter 7.4 of Article VII be submitted
to the voters of the City at the April 14, 2015, General 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 providing ballot measures to the voters of the City as part of the general
municipal election to be held on April 14, 2015.
Public Works, Water and Development Services Department
15. Proposed Street Vacation for a Portion of Ayers Avenue South of Bandini Boulevard.
Recommendation:
(1) Find that the proposed street vacation is not subject to the provisions of the California
Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), where
there is no possibility that this activity may have a significant effect on the environment, and
where the proposed street vacation is categorically exempt from review pursuant to CEQA
Guidelines Section 15305, Minor Alterations in Land Use Limitations; and
(2) Find that the proposed street vacation of a portion of Ayers Avenue is in conformity with the
General Plan and authorize the Public Works, Water & Development Services Department to
proceed with vacation procedures in accordance with Division 9 of the Streets and Highways
Code, otherwise known as the Public Streets, Highway and Service Easements Vacation Law for
a portion of Ayers Avenue and set a hearing for such matter on February 3, 2015.
16. Approval of a Notice Inviting Bids per Contract CS-0525 for the Purchase of Well Pump
Equipment for Production Well No. 19.
Recommendation:
(1) Find that approval of the proposed Notice Inviting Bids is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15301 (b), involving existing
projects with negligible or no expansion of use beyond that existing at the lead agency’s
determination; and
(2) Approve the Notice Inviting Bids, per Contract CS-0525 for the Purchase of Well Pump
Equipment for Production Well No. 19.
17. Amendment No. 1 to the existing Labor and Materials Contract between the City of Vernon and
Haul-Away Rubbish Services Company, Inc., for Refuse Collection, Recycling, and Disposal
Services, Contract No. CS-0448.
Regular City Council Meeting Agenda
January 6, 2015
Page 5 of 6
Recommendation:
(1) Find that the approval of Amendment No. 1 proposed in this staff report, 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) Guidelines Section 15301, because the proposed Amendment No. 1
involves the maintenance of existing facilities with no expansion of the existing use; and
(2) Approve Amendment No. 1 to the existing Labor and Materials Contract between the City of
Vernon and Haul-Away Rubbish Service Company, Inc., for Refuse Collection, Recycling and
Disposal Services, Contract No. CS-0448 to increase the total compensation an additional
$732.00 per each fiscal year in order to add two trash carts at 4990 Seville Avenue, in Vernon:
one (1) three (3) yard bin, regular trash, to be disposed of one (1) time per week and one (1) three
(3) yard bin, recycle, to be disposed of one (1) time per week.
OLD BUSINESS
Human Resources Department
18. Ratification of the At-Will Employment Agreement by and between the City of Vernon and
Mark C. Whitworth.
Recommendation:
(1) Find that ratification of the resolution approving a new At-Will Employment Agreement with
Mark Whitworth 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) Ratify the approval of the At-Will Employment Agreement by and between the City of Vernon
and Mark C. Whitworth, effective January 1, 2015, to continue serving as the City Administrator
(Resolution No. 2014-75)
ORAL REPORTS
19. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
20. City Council Reports – brief report on activities, announcements, or directives to staff.
CLOSED SESSION
21. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957
Regular City Council Meeting Agenda
January 6, 2015
Page 6 of 6
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 30th day of December 2014.
By: ________________________________
Ana Barcia
Deputy City Clerk
-?Pt
NOTICE OE PT'BLIC HEARING
The City of Vernon wil-I conduct a Publ-ic Hearing which you
may attend.
PLACE: Vernon City HaIJ-
City Council- Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
DATE AllD TIME: Tuesday, January 6, 2075, at 9:00 d.rl., or
as soon thereafter as the matter may be
heard
PTRPOSES: To consider evidence to establish Vernon's
revised new Existing Transmissj-on Contract
Adjustment for its high voltage (over 200
kV) transmission entitl-ements (all- located
outside the City) pursuant to Vernon's
Transmission Owner Tariff .
Any interested person may attend and may make an oraf
presentation to the City Council- at the time of the hearing, or
may present written comments prior to the hearing.
If you challenge the approval of the establ-ishment of
Vernon's revised new Existing Transmission Contract Adjustment,
or any provision thereof in court, you may be limited to raising
only those issues you or someone else raised at the hearing
described in this notice or in written correspondence delivered
to the City of Vernon at, or prior to, the meeting.
Information may be obtained by contacting the office of the
City Clerk at the above address.
The hearing may be continued or ad;ourned to a stated time
and place without further notj-ce of a public hearing.
Dated: December 22, 2014
Carlos R. Fandino, Jr.
Director of Vernon Gas & E]ectric
RECEI ED
DEC I0 2014
RECEIVED
DEC 2 3 20ltr
CITY ADMINISTRATION
I
MN lr'+A-CITY CLERl{'S OFFICE
STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
DATE:
TO:
FROM:
RE:
January 6,2015
Honorable Mayor and City Council
Carlos Fandino, Director of Vernon Gas & Electric U1tr //r/l
Establishment of a Revised New Transmission Revenue Requirement (TRR)
Associated with Vernon's High Voltage Entitlements ("TRR Report")
Recommendation
It is recommended that the City Council conduct a Public Hearing and:
1. Find that the approvals requested in this staff report are exempt under the California
Environmental Quality Act (CEQA) in accordance with Section 15061(bX3), the
general rule that CEQA only applies to projects that may have an effect on the
environment; and
2. Approve the attached Resolution to thereby:
a. Approve, pursuant to the Transmission Owner Tariff, and to be effective on
January 1,2015, the establishment of the City's new revised Transmission
Revenue Requirement (TRR) and Appendix I to the TO Tariff implementing
the revised new TRR, as described in the Gas & Electric TRR Report dated on
or about January 6, 2015; 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 revised
TRR Report, to the Federal Energy Regulatory Commission (FERC) on behalf
of the City of Vernon.
Background
The City of Vernon ("Vernon" or "City") is a Scheduling Coordinator and a Participating
Transmission Owner ("PTO") in the California Independent System Operator Corporation
("ISO"). To participate in the ISO, PTOs are required to turn over administrative control of their
transmission facilities and entitlements to the ISO. In return, the ISO collects revenues for each
PTO pursuant to calculations that reflect the expenses and capital costs incurred by each PTO to
provide transmission services. These calculations are known as Transmission Revenue
Requirements ("TRRs").
The relationship between PTOs and the ISO is govemed by a Transmission Control Agreement
("TCA"), which sets forth specific duties and obligations of all PTOs. The TCA requires all
PTOs to file a Transmission Owner Tariff ("TO Tariff') and TRR with the Federal Energy
Regulatory Commission ("FERC"). The TCA further requires all PTOs to file any changes in
their TRRs with FERC. Each PTO must also include in its TO Tariff its Gross Load which the
ISO uses to calculate its grid-wide Transmission Access Charge ("TAC") rates, and which is
related to the City's ability to recover its full TRR.
TRANSMISSION REVENUE REQUIREMENT
At present, the City's high voltage transmission assets consist of three long-term contracts
(known as "existing transmission contracts" or "ETCs") which provide the City with dedicated
access to high voltage transmission facilities owned by other entities. Specifically, the City has
contractual entitlements to utilize transmission assets pursuant to one long-term transmission
contract with the Los Angeles Department of Water and Power ("LADWP") and two long-term
transmission contracts with Southem California Edison ("SCE"). The ETCs with SCE consist of
one (the "SCE Victorville-Lugo ETC" described in SCE's FERC Rate Schedule 360) providing
11 MW of transmission capacity along the path between the Victorville-Lugo midpoint and the
point of interconnection with the City's internal transmission system (the "City Gate"), and one
(the "SCE Mead ETC" described in SCE's FERC Rate Schedule 207) providing 26 MW of
transmission capacity along the path between the Mead 230 substation and the City Gate.
The costs of these ETCs make up the majority of the costs recovered through the City's TRR.
Until recently, for each of the ETCs, the City paid the owner of the transmission facilities a fixed
rate which was specific to the transmission path provided under each ETC.
The attached revised TRR Report supports the establishment of a new TRR associated with
Vernon's high voltage entitlements. A revision to the TRR Report originally approved by the
City Council on Octob er 7 ,2014 is required to correct an accounting error relating to the
treatment of 2015's beginning balance and refunds the City received from SCE. After the City
notified the FERC of the accounting error, the FERC ordered the City to make the required
corrections and re-file by January 15,2015. The City has corrected the error and modified the
true-up template accordingly. As a result, the beginning balance was adjusted up by $26,966.28
and the actual payment to SCE was reducedby $192,235.69. The net change from the City's
TRR that was approved by Council on October 7 ,2074 is a reduction of $171,244.48.
Fiscal Impact
The cost of Existing Transmission Service Contracts (ETC) incurred by the City will be
recovered.
Attachments
RESOI-,UTION NO.
A RESOLUTION OF THE CITY COIJNCIL OF THE CITY OF
VERNON ADOPTING A REVISED NEW TRANSMISSION REVENUE
REQUIREMENT FOR 2O]-5 IN ACCORDANCE WITH VERNON'S
TRANSMISSfON OWNER TARTFF AND PROVIDING FOR TARIFF
SHEET CHANGES TO IMPLEMENT THE AD.fUSTMENT
WHEREAS, Ehe CiEy of Vernon ("city") is a chartered municipal
corporation of the State of California that owns and operates a system
for the generation, purchase, transmission, distsribution and sal-e of
elecEric capacity and energy; and
WHEREAS, on October 7, 201-4. the City Council of the City of
Vernon adopted Resolution No. 20L4-50 adopting a new transmission
revenue requirement fot 2ol5 in accordance with Vernon's transmission
owner tariff and providing for tariff sheet changes to implements the
adjustment; and
WHEREAS, by memorandum dated January 5, 2015, the Director of
cas & Electric has recommended the approval of a revised new
Transmission Revenue Requirement (TRR) associated with Vernon's High
Voltage EntiElements ("TRR Reports") to be effective on rTanuary l, 20]-5,
tso estsablish the City's new revised Transmission Revenue Requirement
(TRR) and Appendix I to the To Tariff implementing the revised new TRR;
and
WHEREAS, on .fanuary 6,20a5, the City Council held a Public
Hearing in which the City Council took evidence from and those other
persons in attendance t^7ho wished t.o be heard on the calculation of the
City's new TRR under the City's amended TO Tariff; and
WHEREAS, tshe revised TRR for 201-5 is shown in tshe amended
Appendix I to the To Tariff, a copy of which is aElached hereto as
Exhibit A and made a part hereof.
WHEREAS, the cas & Electric Department has prepared a Report,
dated ,January 6, 20A5, with exhibits, a copy of which is attached
hereto as Exhibit B and made a part hereof; and
WHEREAS, the Gas & Electric Department has recommended the
City adopt t.he revised TRR shown in Ehe amended Appendix I t.o the TO
Tariff, attached as Exhibit. A, to be effective on rTanuary 1, 2015; and
WHEREAS, Ehe City Council has heard and considered al_l_
evidence, writ.t.en and ora1, presented in consideration of tshe
establishment of the City's new TRR under the amended TO Tariff.
NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the Citsy of Vernon hereby
and correct..
Vernon hereby
finds and determines thaE the above recitals are t.rue
SECTION 2: The City Council of the City of
furt.her finds and determines that. all persons have had the opport,unity
to be heard or to file written comments to the proposed adopcion of the
City's revised TRR to be effective January f, 201-5.
SECTION 3:The City Council of the City of Vernon hereby
declares t.hat:
(a) any determination made pursuant to this Resolut.ion
regarding the validity or reasonableness of any portion of any TRR or
TO Tariff sha11 apply only prospecEively from the date of this
Resolution,.and
(b) in no way shall this ResoluEion affect the City
Council's adopEion or detsermination of any previous TRR or TO Tariff.
SECTION 4: The City Council of the Cit.y of Vernon hereby
approves, pursuant to the TO Tariff and Eo be effective on ,January 1,
2015, the establj-shment of the City, s new TRR and Appendix f Eo Ehe TO
2
Tariff implementing the new TRR, as described in the Gas & Electric
Report daEed on or about ,January 6, 201-5 .
SECTION 5: The City Council of t,he City of Vernon hereby
aut,horizes out,side counsel to submit t.he City's revised TRR, Ehe
amended Appendix I to the Vernon TO Tari-ff, and supporting
documentaEion, such as the Report, and this City Council Resolution
approving the new TRR, to FERC on behalf of the City of Vernon.
SECTION 5: The City C1erk, or Deputy City Clerk, of the
Cit.y of Vernon shaIl certify to the passage, approval and adoption of
this resolution, and the City C1erk, or Deputy City C1erk, of the City
of Vernon shaIl cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions of
the Council of this City.
APPROVED AND ADOPTED this 6th day of January, 20L5.
Name:
Title:Mayor
ATTEST:
City Clerk / OepuEy City Clerk
APPROVED AS TO FORM:
Spiegel & McDiarmid, LLP
Special Counsel to City
Katharine Mapes,
3
STATE OF CALIFORNIA )) ss
COUNTY OF LOS ANGELES )
I,. City Cl-erk / Deputy City Clerk of t.he City
of Vernon, do hereby certify that the foregoing ResoluEion, being
Resolut.ion No. _, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Councif duly held on Tuesday, January 6, 20L5, and thereaf t.er was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of ,January, 201-5, at Vernon, California.
City Clerk / Oeputy City Clerk
(SEAL)
-4-
EXHIBIT - A
APPENDIX I (Revised)
Transmission Revenue Requirement and TRBAA
The Vernon Base Transmission Revenue Requirement is $2"488;5+2310,907 and is comprised
of the following components:
Base TRR costs not subject to ETC Adjustment Clause: $498,480
ETC Adjustment Clause:
Forecast SCE ETC Costs: $1,989,120
Balance of Difference between prior year
Forecast and Actual SCE ETC Costs: ($+++O159Jpe)
Interest on Difference between prior year
Forecast and Actual SCE ETC Costs: ($++096.984)
The ETC Adjustment Clause is: The projected SCE ETC Cost for the next calendar year,
plus the true-up (positive or negative) of the prior October through September SCE ETC
Cost with interest calculated pursuant to l8 C.F.R. $ 35.19a. The ETC Adjustment
Clause will be recalculated annually and filed with the Commission with a proposed
effective date ofJanuary I ofeach year.
The TRBAA is a positive S12,458 for calendar year 2015.
Vernon's Gross Load, consistent with its TRR, used by the ISO to develop the Transmission
Access Charge is 1,181,728 MWhs.
All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational
Control are High Voltage Facilities as defined by the ISO Tariff.
The TRBAA will be recalculated annually consistent with the ISO Tariff approved by the
Vernon City Council, and provided to the ISO.
APPENDIX I (Revised)
Transmission Revenue Requirement and TRBAA
The Vemon Base Transmission Revenue Requirement is $2,310,907 and is comprised of the
following components:
Base TRR costs not subject to ETC Adjustment Clause: $498,480
ETC Adjustment Clause:
Forecast SCE ETC Costs: $1,989,120
Balance of Difference between prior year
Forecast and Actual SCE ETC Costs: ($169,709)
Interest on Difference between prior year
Forecast and Actual SCE ETC Costs: ($6,984)
The ETC Adjustment Clause is: The projected SCE ETC Cost for the next calendar year,
plus the true-up (positive or negative) of the prior October through September SCE ETC
Cost with interest calculated pursuant to 18 C.F.R. $ 35.19a. The ETC Adjustment
Clause will be recalculated annually and filed with the Commission with a proposed
effective date ofJanuary 1 ofeach year.
The TRBAA is a positive $12,458 for calendar year 2075.
Vernon's Gross Load, consistent with its TRR, used by the ISO to develop the Transmission
Access Charge is 1,181,728 MWhs.
All of Vemon's transmission facilities and Entitlements placed under the ISO's Operational
Control are High Voltage Facilities as defined by the ISO Tariff.
The TRBAA will be recalculated annually consistent with the ISO Tariff approved by the
Vernon City Council, and provided to the ISO.
EXHIBIT - B
CIry OF VERNON GAS AND ELECTRIC
DEPARTMENT
REPORT REGARDING THE ESTABLISHMENT OF A REVISED NEW
TRANSMISSION REVENUE REQUIREMENT ASSOCIATED WITH VERNON'S
HIGH VOLTAGE ENTITLEMENTS
January 6,20,,15
The City of Vernon ("Vernon" or "City") is a Scheduling Coordinator and a
Participating Transmission Owner ("PTO") in the California lndependent System
Operator Corporation ('lSO'). To participate in the lSO, PTOs are required to turn
over administrative control of their transmission facilities and entitlements to the lSO.
ln return, the ISO collects revenues for each PTO pursuant to calculations that
reflect the expenses and capital costs incurred by each PTO to provide transmission
services. These calculations are known as Transmission Revenue Requirements
("TRRs").
The relationship between PTOs and the ISO is governed by a Transmission Control
Agreement ('TCA"), which sets forth specific duties and obligations of all PTOs. The
TCA requires all PTOs to file a Transmission Owner Tariff ("fO Tariff') and TRR with
the Federal Energy Regulatory Commission ("FERC"). The TCA further requires all
PTOs to file any changes in their TRRs with FERC. Each PTO must also include in
its TO Tariff its Gross Load which the ISO uses to calculate its grid-wide
Transmission Access Charge ('TAC') rates, and which is related to the City's ability
to recover its full TRR.
On October 7,2014, the City Council approved the City's TRR associated with
Vernon's high voltage entitlements to be effective January 1 , 2015. Outside counsel
submitted the City's TRR, the amended Appendix I to the Vernon TO Tariff, and
supporting documentation such as the TRR Report, to the FERC on behalf of the
City of Vernon. Subsequent to the filing, an accounting error relating to the treatment
of the beginning balance and refunds the City received from SCE was discovered.
Estimates of the net impact of correcting the error showed that the City of Vernon
might overcollect rates under the TRR as filed.
TRR Report 2015 (Revised)
Page 2 of 6
After the City notified the FERC of the accounting error, the FERC ordered the City
to correct the error and resubmit by January 15,2015.|n order to do so, the City has
modified the template by which it kues-up predicted revenues from SCE against
actuals. As a result, the City's 2015 beginning balance was adjusted upward by
$26,966.28 and the actual paymentto SCE was reduced by $192,235.69. The net
change from the City's TRR that was approved by Council on October 7,2014 is a
reduction of $17 1,244.48.
After approval by Council, the City will submit both its revised template and its
revised TRR to FERC on January 15,2015.
TRANSMISSION REVENUE REQUIREMENT
At present, the City's high voltage transmission assets consist of three longterm
contracts (known as "existing transmission contracts" or "ETCs") which provide the
City with dedicated access to high voltage transmission facilities owned by other
entities. Specifically, the City has contractual entitlements to utilize transmission
assets pursuant to one long{erm transmission contract with the Los Angeles
Department of Water and Power ('LADWP) and two long{erm transmission
contracts with Southern California Edison ("SCE"). The ETCs with SCE consist of
one (the "SCE Victorville-Lugo ETC" described in SCE's FERC Rate Schedule 360)
providing 1 1 MW of transmission capacity along the path between the Victorville-
Lugo midpoint and the point of interconnection with the City's internal transmission
system (the "City Gate"), and one (the "SCE Mead ETC" described in SCE's FERC
Rate Schedule 207) providing 26 MW of transmission capacity along the path
between the Mead 230 substation and the City Gate.
The costs of these ETCs make up the majority of the costs recovered through the
City's TRR. Until recently, for each of the ETCs, the City paid the owner of the
transmission facilities a fixed rate which was specific to the transmission path
provided under each ETC.
TRR Report 2015 (Revised)
Page 3 of 6
On August 1, 2008, SCE proposed to increase its TRR and associated rates in
FERC Docket No. ER08-1343-000. ln a related filing submitted in FERC Docket No.
ER08-1353-000, SCE proposed to transition both of its ETCs with Vernon from their
current, fixed "path-specific" rates to a so-called "postage stamp" rate methodology
which reflects the blended rate which SCE charges the ISO pursuant to its own
TRRs for the actual usage of all of SCE's transmission facilities by customers of the
ISO (the'HVECAC Rate"). The HVECAC Rate that SCE proposed in its TO Tariff is
derived from SCE's TRR and, therefore, will change each time SCE amends its
TRR.
On September 30, 2008, FERC accepted, subject to refund and hearing and
settlement procedures, SCE's proposed revisions to its TO Tariff to transition the
negotiated path-specific rates set forth in the SCE Victorville-Lugo ETC and the SCE
Mead ETC to the uniform HVECAC Rate, and thus the City's costs under those
ETCs will vary proportionately with any changes in SCE's TRR.
The City reached a settlement agreement (the "SCE Settlement") with SCE to
amend the SCE Victorville-Lugo ETC and the SCE Mead ETC to fully transition the
path-specific rates set forth in those ETCs to SCE's HVECAC Rate after a phase-in
period that began on August 1, 2009, during which the City's path-specific rates in
those ETCs have been gradually stepped-up under incrementally increasing fixed
rates (the "Phase-ln Rates") until the path-specific rates are equal to the HVECAC
Rate as of January 1,2013. FERC approved the SCE Settlement pursuant to an
order issued September 11,2009,128 FERC 1161,237 (2009), in FERC Docket
Nos. ER08-'l 343-000, ER08-1 353-000, ER09-1 87-000, ER09-1 87-001, EL09-1 9-
000, and ER09-446-000 ("SCE Settlement Order").
On behalf of the City, The Brattle Group, an experienced utilities consulting firm,
developed a TRR tracking mechanism clause for the City's TRR ("ETC Adjustment
Clause"), which allows the City's TRR to be adjusted annually, effective January 1 of
each year, to reflect changes in the City's transmission expenses associated with
any changes implemented by SCE in the HVECAC Rate associated with the SCE
TRR Report 2015 (Revised)
Page 4 of 6
Victorville-Lugo ETC and the SCE Mead ETC.
On the basis of The Brattle Group's analysis and evidence from City staff, which was
considered during a public meeting of the City Council held on July 13,2009, the
City, on July 15, 2009 ("July 15 FERC Filing"), filed with FERC the proposed (i)
revisions to its TO Tariff proposing the City's stated TRRs for each of the years 2010
lo 2012, which dollar amounts were also included in the SCE Settlement ("TO Tariff
Revisions") and (il) the ETC Adjustment Clause tracking mechanism.
The July 15 FERC Filing acknowledged that, to the extent that the SCE Settlement
was accepted, because the stated Phase-ln Rates would be fixed, the ETC
Adjustment Clause for the term of the Phase-ln Rates would be zero.
FERC approved the City's July 15 FERC Filing, including the TO Tariff Revisions,
the City's proposed calculations of the TRR for years 2010 to 2012, and the City's
request to utilize an ETC Adjustment Clause, in an order issued September 11,
2009,128 FERC 1[61,235 (2009), in FERC Docket No. EL09-64-000 ("TO Tariff
Orde/'). The City is required under the TO Tariff Order to submit annual filings each
year with FERC reflecting annual modifications to the base TRR of the City.
CALCULATION OF THE ETC ADJUSTMENT CLAUSE
Section 5.3 of the Vernon TO Tariff identifies the items to be reflected in the ETC
Adjustment. The ETC Adjustment Clause shall be calculated as:
ETC Adjustment = ETCCr+ ETCCI+ l.
ETCCr = The forecast of SCE ETC Cost for the following calendar year
ETCCI = The balance representing the prior period difference between the
projected cost of the SCE ETCs ('SCE ETC Cost") and the actual cost.
TRR Report 2015 (Revised)
Page 5 of 6
I = The interest balance for the ETC, which shall be calculated using the
interest rate pursuant to Section 35.19(a) of FERC's regulations under the
Federal Power Act (18 C.F.R. 35.19(a)). lnterest shall be calculated based on
the average ETC true-up balance each month, compounded quarterly.
A summary of the elements of the Vernon ETC Adjustment Clause proposed to be
effective January 1,2015 is shown in Exhlbit 1. The ETC Adjustment Clause to be
effective for the twelve months starting January 1,2015 is $1,812,427 .
The ETCCr Component
The ETCCr component stands for the forecast of SCE ETC costs for the following
calendar year, in this case 2015. These forecast SCE ETC costs reflect 2015 rates
from Southern California Edison Company's draft FERC Filing, posted on its website
pursuant to its formula rate protocols (approved in FERC Docket No. ER1 1-3697).
That filing is scheduled to be made at FERC, in its final form, on December 1,2014;
Vernon will true up any differences in its SCE ETC costs when it makes its 2016
TRR filing.
The ETCCrfor2015 SCE ETC costs are projected to be $1,989,120 as shown in
line 8 of Exhibit 1.
The ETCCI Component
ETCCI represents a balance that reflects the difference between prior year forecast
and actual SCE ETC costs The prior period in this case is the twelve-month period
starting October 1,2013 and ending September 30,2014.
A summary of the determination of the September 30,2014 balance in the ETC
Adjustment Clause is shown in Exhibit 1. The ETCCI component reflects 1) the
previously projected 2013 SCE ETC costs of $157,990 per month, for the months
October through December 2013 and projected 2014 SCE ETC costs of $140,230
per month, for the months January through September 2014, 2) actual 2013 SCE
ETC costs of $ $1 39,860 average per month, for the months October through
TRR Report 2015 (Revised)
Page 6 of 6
December 2013 and $145,780 average per month, for the months January through
September 2014, and 3) refunds received by the City-all elements as reflected on
Line No. 8, 15, and 16 of Exhibit 1. The net of these elements produce the under (or
over) collection figures reflected in Line 17of Exhibit 1. The ending balance is the
sum of the beginning balance on October 1 and the (over)/under collection - both
elements as reflected on Line 1 and 17 of Exhibit 1. The cumulative monthly
balances are carried fonivard from month to month and the ETCCI component on
September 30,2014 of negative $169,709 is shown in line 19 of Exhibit 1 .
The I (lnterest) Component
The lnterest component reflects interest on the difference between prior year
forecast and actual SCE ETC costs. The monthly interest carrying costs are
calculated using the 18 C.F.R. S 35.19(a) interest rates and calculation method.
These interest rates are published by FERC and reflect the prime rate values
published in the Federal Reserve Bank's "Selected lnterest Rates."
lnterest is calculated monthly on the average cumulative monthly balance and is
compounded quarterly. The interest component is negative $6,984, as shown in
Lines20-24 of Exhibit 1.
RECOMMENDATIONS
1. Approve the establishment of the City's revised new TRR for 20'15 and
revised Appendix I to the TO Tariff.
2. Authorize outside counsel to submit the City's TRR, ETC Adjustment Clause
amount, the revised Appendix I to the TO Tariff, and this City Council
Resolution approving the TRR and ETC Adjustment Clause amount to FERC
on behalf of the City of Vernon.
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MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, DECEMBER 9, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Maisano, Martinez
MEMBERS ABSENT: Davis
The meeting was called to order at 8:02 a.m. by Mayor McCormick who also 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.
No one responded.
PRESENTATIONS
1. Presentation by the external auditor on the Annual Financial Report for Fiscal
Year 2013-2014.
Margaret McBride of Vasquez and Company, LLC presented on the City’s fiscal year 2014
Annual Financial Report and findings. There were no questions or comments from the Council.
CONSENT CALENDAR
It was moved by Maisano and seconded by Martinez to approve all matters listed under the
Consent Calendar under one motion. Motion carried, 3-0.
Claims Against the City – Received and Filed
2. Claim for Damages received on November 10, 2014, from Edgar Bernal in the
amount of $1,050.80.
Minutes – To be Received and Filed
3. Minutes of the Regular City Council Meeting held November 4, 2014.
4. Minutes of the Special City Council Meeting held November 17, 2014.
5. Minutes of the Regular City Council Meeting held November 18, 2014.
Warrant Registers
6. Approval of City Warrant Register No. 1413, totaling $1,686,895.44, which covers
the period of November 11, through November 24, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $1,122,076.87; and
b. Ratification of the issuance of early checks totaling $431,753.70; and
c. Authorization to issue pending checks totaling $133,064.87.
Special City Council Meeting Minutes
December 9, 2014
Page 2 of 10
7. Approval of Light & Power Warrant Register No. 378, totaling $5,625,535.50,
which covers the period of November 11, through November 24, 2014, and consists
of the following:
a. Ratification of wire transfers totaling $5,513,809.72; and
b. Ratification of the issuance of early checks totaling $49,216.85; and
c. Authorization to issue pending checks totaling $62,508.93.
8. Approval of Gas Warrant Register No. 166, totaling $13,213.11, which covers the
period of November 11, through November 24, 2014, and consists of the following:
a. Ratification of the issuance of early checks totaling $8,214.03; and
b. Authorization to issue pending checks totaling $4,999.08.
Fire Department
9. Authorize the City Administrator to execute the Site Access Agreement with the
Los Angeles Regional Interoperable Communications System (LA-RICS)
Authority for the Long Term Evolution (“LTE”) Project.
Recommendation:
(1) Find that the proposed approval is exempt from review under the California
Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section
21080.25, the statutory CEQA exemption adopted specifically for the LA-RICS
project. To the extent any leased circuit work that may occur outside of the PSBN
site(s) is needed to provide connectivity to the site(s), such work is categorically
exempt under CEQA pursuant to CEQA Guidelines Sections 15301, 15303, and
15304; and
(2) Approve and authorize the City Administrator to execute the Site Access
Agreement with the Los Angeles Regional Interoperable Communications System
(LA-RICS) Authority, in substantially the same form as with the staff report.
Approval of the Site Access Agreement does not constitute a commitment or
obligation to participate in LA-RICS as a continuing member of the LA-RICS
Authority.
10. Activity Report for the period of November 1 through November 15, 2014, to be
received and filed.
Gas and Electric Department
11. Approval of Upstream Internet Access Services Contract Renewal with
Broadband.
Recommendation:
(1) Find that the approval of the proposed contract amendment 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 of the environment; and
(2) Authorize the City Administrator to execute a three year contract renewal with
Broadband “not-to-exceed” a total amount of $180,000 during the three year term
($60,000 annually, including taxes and fees) for the delivery of a wholesale
internet access circuit to the City’s internet system, in substantially the same form
as submitted with the staff report. The proposed contract will increase the City’s
pre-tax monthly bill by $486, from $3,764 to $4,250, and double transmission
speeds from 100 Mbps to 200 Mbps. It is further recommended that the City
Council find that the contract is exempt from competitive bidding requirements
pursuant to Vernon Municipal Code § 2.17.12(A)(6) because this is a contract for
the acquisition or transmission of telecommunications for the Gas & Electric
Department and it would be commercially unreasonable to procure these services
through standard bidding or request for proposal procedures, given that that the
Special City Council Meeting Minutes
December 9, 2014
Page 3 of 10
City is already connected to Broadband network, and switching carriers would be
too expensive to be in the City’s best interests.
Police Department
12. Authorize the City Administrator to enter into a Memorandum of Understanding
for the Use of Los Angeles Regional Interoperable Communications System
Authority User Equipment.
Recommendation:
(1) Find that the approval of the proposed Memorandum of Understanding (“MOU”)
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 City Administrator to enter into a MOU with the Los
Angeles Regional Interoperable Communications System Authority (“LA-RICS”)
on behalf of the City of Vernon, in substantially the same form as submitted with
the staff report, for the loan of LA-RICS User Equipment (portable radios) to the
Vernon Police Department.
13. Activity Log and Statistical Summary of Arrests and Activities for the period of
November 1, through November 15, 2014, to be received and filed.
Public Works, Water and Development Services Department
14. Approval of Quitclaim Deed and Fire Lane Easement for 3250 Saco Street.
Recommendation:
(1) Find that the acceptance of the proposed Quitclaim Deed and Fire Lane Easement
are categorically 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) Accept the Quitclaim Deed and Fire Lane Easement, and authorize the Mayor to
execute said documents.
NEW BUSINESS
Gas and Electric Department
15. Approval of Change Order No. 1 to the Existing Consulting Services Agreement
with Engineering Partners, Inc., for the Design and Preparation of Plans for the
Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge
over the Los Angeles River Bridge.
Recommendation:
(1) Find that the approval of Change Order No. 1 to the Consulting Services
Agreement with Engineering Partners, Inc., (“EPI”) is within the Initial
Study/Mitigated Negative Declaration prepared for this project pursuant to the
provisions under the California Environmental Quality Act (“CEQA”) in
accordance with Section 15063, the lead agency shall conduct an initial study to
determine if the project may have a significant effect on the environment, and
Section 15070.; and
(2) Approve and authorize the City Administrator to execute Change Order No. 1, in
substantially the same form as submitted with the staff report, to existing
consulting services agreement with EPI for services related to additional
surveying requirements, for a compensation amount not-to-exceed $10,000;
thereby increasing the total contract value to a not-to-exceed amount of $147,385.
Director of Gas and Electric Carlos Fandino reported on the ongoing project and the
Department’s involvement.
Special City Council Meeting Minutes
December 9, 2014
Page 4 of 10
Director of Public Works, Water and Development Services Kevin Wilson further reported on
the proposed change order.
It was moved by Martinez and seconded by Maisano to Approve Change Order No. 1 to the
existing Consulting Services Agreement with Engineering Partners, Inc. Motion carried, 3-0.
16. Request for Approval of Additional Fund Allocation for OneSource Distributors,
LLC Purchase Order 055.0002176.
Recommendation:
(1) Find that the approval requested is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15273 because CEQA does
not apply to “purchasing or leasing supplies, equipment or materials; and that
even if it were subject to CEQA, it would be exempt pursuant to 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the
environment because the cable referenced will be used merely to replace existing
older cable; and
(2) Authorize the City Administrator to approve additional fund allocation in the
amount of $22,372.78 to existing Purchase Order 055.0002176 with OneSource
Distributors (“OneSource”). A power cable purchase from OneSource was
originally authorized by City Council in June 2014 for a total amount not to
exceed $388,898.00. Due to the complex nature of measuring precise lengths of
cable, a 10% tolerance is generally employed by suppliers as an industry practice.
The additional cable which was provided to the City after cutting occurred has
affected the total cost of the materials. The approval of additional funds would
thereby increase the maximum authorized expenditure from $388,898.00 to
$411,270.78, and would fully satisfy the payment due to OneSource.
Director of Gas and Electric Carlos Fandino reported on the recommendation.
It was moved by Maisano and seconded by Martinez to approve the additional funds allocated to
OneSource Distributors, LLC’s Purchase Order. Motion carried, 3-0.
17. Approval of Change Order No. 1 to the existing Services Agreement with Power
Engineers, Inc., for Distributed Generation Impact Study Services.
Recommendation:
(1) Find the approval of Change Order No. 1 to the Services Agreement is exempt
under the California Environmental Quality Act (“CEQA”) in accordance with
Section 15061(b)(3), the general rule that CEQA only applies to projects that may
have an effect on the environment; and
(2) Authorize the City Administrator to execute Change Order No. 1, in substantially
the same form as submitted with the staff report, to the services agreement with
Power Engineers, Inc. (“PEI”) for services regarding a distributed generation
impact study. In addition to the subtasks summarized in Task 4 of the original
scope of work, PEI will leverage and augment existing analyses to complete a
new Cost of Service (“COS”) Study. The proposed change order reflects an
increase not-to-exceed $36,500, for a grand total not-to-exceed $255,280.00 over
the one year term of the agreement.
Director of Gas and Electric Carlos Fandino conducted the oral report on the proposed Change
Order.
It was moved by Martinez and seconded by Maisano to approve Change Order No. 1 to the
existing Services Agreement with Power Engineering, Inc. Motion carried, 3-0.
Human Resources Department
18. Adoption of City of Vernon Personnel Policies and Procedures, Smoking Policy I-
14 (update).
Special City Council Meeting Minutes
December 9, 2014
Page 5 of 10
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, Smoking Policy I-14 (update), 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 McAllister reported on the proposed Employee Policy.
McAllister advised that all bargaining units were given an opportunity to review and no
recommended revisions were received.
It was moved by Maisano and seconded by Martinez to adopt the Smoking Policy I-14 (update).
Motion carried, 3-0.
19. 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 Firemen’s Association for the Period of July 1, 2014 through June 30,
2017.
Recommendation:
(1) Find that approval of the proposed resolution is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Adopt the resolution approving the Memorandum of Understanding by and
between the City of Vernon and the Vernon Firemen’s Association (“VFA”) for
the period of July 1, 2014 through June 30, 2017.
Mayor McCormick declared that the resolution approving the Memorandum of Understanding
with the Vernon Firemen’s Association is deferred to December 16, 2014, City Council meeting.
20. A Resolution of the City Council of the City of Vernon Adopting an Amended and
Restated Citywide Fringe Benefits and Salary Resolution and Repealing all
Resolutions in Conflict Therewith.
Recommendation:
(1) Find that approval of the proposed resolution is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Adopt the resolution amending and restating the Citywide Fringe Benefits and
Salary Resolution, effective December 28, 2014, to reflect the following
provisions:
a) Amend Exhibit A, Classification and Compensation Plan
b) Amend Section 11, Automobile Allowance
c) Add Section 21, Uniform Allowance
d) Delete the Risk Manager Classification
e) Implement the changes set forth in the 2014-2017 Memorandum of
Understanding between the City of Vernon and the Vernon Firemen’s
Association
Mayor McCormick requested that item “e,” “Implement the changes set forth in the 2014-2017
Memorandum of Understanding between the City of Vernon and the Vernon Firemen’s
Association,” be deferred to the December 16, 2014, City Council meeting.
Special City Council Meeting Minutes
December 9, 2014
Page 6 of 10
Director of Human Resources Teresa McAllister reported on the recommended changes.
McAllister also provided revisions to the resolution exhibit pages.
In response to Independent Reform Monitor John Van de Kamp, McAllister further explained the
compensation study data presented.
It was moved by Martinez and seconded by Maisano to approve the resolution adopting an
amended and restated citywide fringe benefit salary resolution, incorporating the changes to the
exhibit as provided and the removal of the changes set forth in the 2014-2017 Memorandum of
Understanding between the City of Vernon and the Vernon Firemen’s Association (“e”). Motion
carried, 3-0.
Public Works, Water and Development Services Department
21. Authorization to enter into the First Amendment of the Memorandum of
Understanding for the purposes of the Municipal Separate Sewer Storm System
National Pollutant Discharge System Permit Requirements.
Recommendation:
(1) Find that the approval of the proposed First Amendment to the Memorandum of
Understanding (MOU) is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and
(2) Authorize the City Administrator to execute the First Amendment to the MOU, in
substantially the same form as submitted with the staff report, between the Los
Angeles Gateway Regional Water Management Joint Powers Authority (GWMA)
and the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park,
Maywood, Vernon and the Los Angeles County Flood Control District (FCD),
(hereinafter collectively referred to as the Watershed Permittees) for
administration and cost sharing to prepare and implement a Watershed
Management Program (WMP) Plan and Coordinated Integrated Monitoring
Program (CIMP) Plan as required by the Regional Water Quality Control Board,
Los Angeles Region (Regional Board), National Pollutant Discharge Elimination
System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Order
No. R4-2012-0175. The City of Vernon’s proportional share of costs of
implementing the WMP Plan and CIMP Plan and other related costs to be
incurred in accordance with the cost share formulas in Exhibit A2 of this First
Amendment of the MOU for an annual not-to-exceed amount of $100,000 per
year per Watershed Permittee. The term of the First Amendment to the MOU is
through December 31, 2019.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
proposed Memorandum of Understanding.
It was moved by Maisano and seconded by Martinez to authorize the first amendment of the
Memorandum of Understanding for the purposes of the Municipal Separated Sewer Storm
System National Pollutant Discharge System Permit requirements. Motion carried, 3-0.
22. CNS Engineers, Inc., Contract Amendment No. 6 for the Atlantic Blvd. Bridge
Rehabilitation and Widening Project, Contract No. CS-0099.
Recommendation:
(1) Find that the approval of the proposed amendment is within the Initial
Study/Mitigated Negative Declaration prepared for this project pursuant to the
provisions under the California Environmental Quality Act (“CEQA”) in
accordance with Section 15063.
(2) Approve Contract Amendment No. 6, in substantially the same form as submitted
with the staff report, for the Atlantic Blvd. Bridge Rehabilitation and Widening
Project, Federal Project No. DBPL02-5139(010), Contract No. CS-0099,
authorizing CNS Engineers, Inc., to provide the additional engineering design,
right of way acquisition support and coordination services as described below for
Special City Council Meeting Minutes
December 9, 2014
Page 7 of 10
the additional cost of $228,627.58, increasing the total contract cost to
$1,485,894.42, and authorize staff to proceed with the right of way acquisitions
for the project.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
proposed amendments for Contract No. CS-0099. He noted that approximately 89% of the cost
would be covered by grants.
It was moved by Maisano and seconded by Martinez to approve CNS Engineers, Inc. Contract
Amendment No. 6. Motion carried, 3-0.
23. Ratify the Issuance of a Notice Inviting Bids for Contract CS-0522 – to Furnish
and install one new 300KW Cummins Diesel Power Generator.
Recommendation:
(1) Find that the ratification of the issuance of a Notice Inviting Bids, as proposed is
exempt under the California Environmental Quality Act (“CEQA”) in accordance
with Section 15302 (C), because the proposed contract consists of the replacement
or reconstruction of existing utility systems and/or facilities involving negligible
or no expansion of capacity; and
(2) Ratify the issuance of a Notice Inviting Bids for Contract CS-0522 to furnish and
install one new 300KW Cummins Diesel Power Generator.
Director of Public Works, Water and Development Services Kevin Wilson reported on the need
to replace the existing generator in compliance with South Coast Air Quality Management
District’s approved schedule.
It was moved by Martinez and seconded by Maisano to ratify the issuance of a notice inviting
bids for Contract No. CS-0522. Motion carried, 3-0.
24. Approval of a Cooperative Agreement for the Metro Rapid Bus Station
Implementation project between the City of Vernon and the Los Angeles County
Metropolitan Transportation Authority (“Metro Rapid Bus Shelter Funding
Agreement”).
Recommendation:
(1) Find that the approval of the proposed Cooperative Agreement is exempt under
the California Environmental Quality Act (“CEQA”) in accordance with Section
15301, Existing Facilities, part (c), existing highways and streets, sidewalks,
gutters, bicycle and pedestrian trails and similar facilities; and
(2) Authorize the City Administrator to execute the Cooperative Agreement for the
Metro Rapid Bus Station Implementation project between the City of Vernon and
the Los Angeles County Metropolitan Transportation Authority (the
“Agreement”), in substantially the same form as submitted with the staff report.
The Agreement would authorize the Los Angeles County Metropolitan
Transportation Authority to install Metro Rapid station amenities at ten (10)
Metro Rapid stop locations within the City's boundaries at no cost to the City.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
recommendation.
It was moved by Maisano and seconded by Martinez to approve the cooperative agreement for
the Metro Rapid Bus Station Implementation with the Los Angeles County Metropolitan
Transportation Authority. Motion carried, 3-0.
25. Authorize the Mayor to Send a Letter to the Los Angeles Metropolitan
Transportation Authority Stating the City of Vernon’s Preferred Alignment for
the West Santa Ana Branch Transit Corridor Project.
Special City Council Meeting Minutes
December 9, 2014
Page 8 of 10
Recommendation:
(1) Find that the mailing of a letter to the Los Angeles Metropolitan Transportation
Authority (Metro) regarding the City’s preferred alignment for the West Santa
Ana Branch Transit Corridor Project 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. Additionally, an Environmental Impact Report will be prepared by
Metro prior to the commencement of construction of the project.
(2) Authorize the Mayor to execute a letter to the Los Angeles Metropolitan
Transportation Authority advising that the City Council has determined that the
City of Vernon’s preferred northern alignment for the West Santa Ana Branch
Transit Corridor Project is along the Metro Blue line corridor from Randolph
Street to Washington Blvd., and that if an alignment is selected through Vernon
that it shall be fully grade separated.
Director of Public Works, Water and Development Services Kevin Wilson presented on the
various alternate route options for the West Santa Ana Branch Transit Corridor Project, and
reported on staff’s recommendation.
It was moved by Maisano and seconded by Martinez to authorize the Mayor to send a letter to
the Los Angeles Metropolitan Transportation Authority stating the City’s preferred alignment for
the West Santa Ana Branch Transit Corridor Project. Motion carried, 3-0.
DISCUSSION ITEM AND POSSIBLE DIRECTIVES TO STAFF
26. Presentation by the Director of Public Works on proposed zoning amendments. It
is recommended that the presentation be received and filed and that City Council
provide staff with guidance on the proposed zoning amendments and on any
further modifications to the Zoning Ordinance that should be considered.
Director of Public Works, Water and Development Services Kevin Wilson conducted a
presentation on potential zoning ordinance changes.
In response to Mayor McCormick’s concerns, Wilson explained the landscape requirements and
their possible use as water filtration areas.
Wilson advised that community workshops will be held on proposed changes; after community
feedback and completion of the environmental impact report, the final recommendation will be
presented to Council for consideration.
It was moved by Maisano and seconded by Martinez to receive and file the presentation. Motion
carried, 3-0.
ORAL REPORTS
27. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
28. City Council Reports – brief report on activities, announcements, or directives to staff.
Police Captain Michael Gillman reported on officers’ responses to two (2) recent incidents,
upcoming DUI checkpoints and vandalism.
Fire Chief Michael Wilson provided an update on the firefighter recruitment process. Wilson
reported on Fire personnel training and responses to recent incidents.
Director of Public Works, Water and Development Services Kevin Wilson provided an update
on various capital improvement projects.
Director of Gas and Electric Carlos Fandino reported on recent power outages. Fandino
provided an update on the potential penalty for non-compliance on the renewable portfolio
Special City Council Meeting Minutes
December 9, 2014
Page 9 of 10
standards’ first compliance period. He also advised that energy storage has regain momentum;
staff will be looking at potential avenues for the City. Fandino reported on a recent department
audit which resulted in no major findings.
Finance Director William Fox advised that in addition to the annual financial audit, a fraud
assessment was conducted, there were no significant findings. Fox provided an update on bond
refunding and its timeline.
Director of Health and Environmental Control Leonard Grossberg provided an update on the
Thermador property closure. He reported on the solid waste hauler franchise agreements and
announced the Green Vernon Commission meeting on December 17, 2014 at 3:30 p.m.
Director of Human Resources Teresa McAllister announced that negotiations with the Vernon
Firemen’s Association have concluded. She also announced the employee holiday celebration
on December 18, 2014. Employee informational meetings will be held later this day.
Economic Development Manager/Successor Agency Staff Alex Kung announced the
cancellation of the Oversight Board of the Successor Agency to the Redevelopment Agency
meetings on December 4, 2014, and January 1, 2015. The next Oversight Board Meeting is
scheduled for February 5, 2015.
City Administrator Mark Whitworth advised that an issue of the Vernon Quarterly should be out
by the end of the year. The Vernon Housing Commission meeting will be held on December 10,
2014, at 6:00 p.m.
The first meeting of the Vernon Business and Industry Commission which was anticipated to
occur on December 15, 2014, is postponed to late January, or early February 2015. In
compliance with the Maddy Act, an appointment to fill the Commission’s vacancy is scheduled
for January 6, 2015.
Whitworth reported on the public meetings held and upcoming workshop dates concerning
AQMD’s proposed Rule 415 which will impact rendering facilities in Vernon. He noted that the
City is taking a proactive approach. He also reported on a meeting with Four Star Chemical to
discuss operations in Vernon.
Whitworth reported that the agreement with California Consulting will not be renewed. The City
is working with Jemmott Rollins Group and Senior Advisor to the City Administrator Fred
MacFarlane to maximize public relations on CommUNITY Grant Fund recipients. City Clerk
interviews are scheduled for the following week.
Whitworth request a recess of the City Council meeting in order to address the Industrial
Development Authority and Vernon Historic Preservation Society meetings which are open
session, before addressing the closed session matters on the City Council agenda.
At 10:13 a.m., Mayor McCormick declared a recess of the City Council meeting.
At 10:17 a.m., the City Council reconvened its meeting.
CLOSED SESSION
With no public comment on the closed session items, at 10:17 a.m., it was moved by Maisano
and seconded by Martinez to enter into closed session to discuss the agendized items.
29. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Government Code Section 54956.9(d)(1)
Dispute with LA County regarding Property Tax Administration Fees (PTAF)
Special City Council Meeting Minutes
December 9, 2014
Page 10 of 10
30. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Designated Representative: Teresa McAllister, Director of Human Resources
Unrepresented Employee: City Administrator
At 10:39 a.m., it was moved by Maisano and seconded by Martinez to exit closed session. City
Attorney Hema Patel announced that there is no reportable action.
With no further business, at 10:39 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, DECEMBER 16, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick; Mayor Pro-Tem Davis 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.
No one responded.
CLOSED SESSION
With no public comment on the closed session items, at 9:00 a.m., it was moved by Maisano and
seconded by Davis to enter into closed session to discuss the agendized item.
1. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Designated Representative: Teresa McAllister, Director of Human Resources
Unrepresented Employee: City Administrator
At 9:36 a.m., it was moved by Davis and seconded by Martinez to exit closed session. City
Attorney Hema Patel announced that the closed session item is deferred to December 22, 2014 at
8:00 a.m.
SECOND PUBLIC COMMENT
Mayor McCormick announced that this is the second opportunity 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.
No one responded.
PRESENTATIONS
2. Personnel Matters - Service Pin Awards
November 2014 Anniversary
Employee Name Job Title Years
1. Elias Zepeda Street and Water Crew Leader 25
2. Scott Rigg Public Works & Water Superintendent 15
Regular City Council Meeting Minutes
December 16, 2014
Page 2 of 5
Director of Human Resources Teresa McAllister reported on Public Works & Water
Superintendent Scott Rigg’s years of service and recognized Street and Water Crew Leader Elias
Zepeda for his years of service as he was not in attendance. Mayor McCormick presented Rigg
with the service pin.
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
3. Claim for Damages received on December 4, 2014, from Maritza Orozco in an
amount to be determined.
4. Claim for Damages received on December 8, 2014, from Maria Lopez, et al in an
amount in excess of $1,000,000.
Warrant Registers
5. Ratification of the following City Warrant Registers to record the following voided
checks:
a. City Warrant Register No. 1403 to record voided Check No. 344571 in the
amount of $150.00; and
b. City Warrant Register No. 1411 to record voided Check No. 345679 in the
amount of $225.00; and
c. City Warrant Register No. 1412 to record voided Check No. 345748 in the
amount of $1,514.78.
6. Ratification of Light & Power Warrant Register No. 370 to record voided Check
No. 510901 in the amount of $300.00.
7. Approval of City Payroll Warrant Register No. 702, totaling $2,759,129.76, which
covers the period of November 1, through November 30, 2014, and consists of the
following:
a. Ratification of direct deposits, checks and taxes totaling $2,018,525,51; and
b. Checks and electronic fund transfers totaling $740,604.25.
8. Approval of City Warrant Register No. 1414, totaling $628,922.86, which covers
the period of November 25, through December 8, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $353,769.01; and
b. Ratification of the issuance of early checks totaling $172,300.08; and
c. Authorization to issue pending checks totaling $102,853.77.
9. Approval of Light & Power Warrant Register No. 379, totaling $2,098,488.29,
which covers the period of November 25, through December 8, 2014, and consists
of the following:
a. Ratification of wire transfers totaling $2,047,567.64; and
b. Ratification of the issuance of early checks totaling $23,781.58; and
c. Authorization to issue pending checks totaling $27,139.07.
10. Approval of Gas Warrant Register No. 167, totaling $2,004,156.02, which covers
the period of November 25, through December 8, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $1,992,657.16; and
Regular City Council Meeting Minutes
December 16, 2014
Page 3 of 5
b. Ratification of the issuance of early checks totaling $341.69; and
c. Authorization to issue pending checks totaling $11,157.17.
Health and Environmental Control Department
11. November 2014 Monthly Report, to be received and filed.
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of
November 16, through November 30, 2014, to be received and filed.
Public Works, Water and Development Services Department
13. Building Department Report for the month of November 2014, to be received and
filed.
NEW BUSINESS
City Administration Department
14. Resolution No. 2014-72 - A Resolution of the City Council of the City of Vernon
approving the reorganization/relocation of the Information Technology Division
from the Gas & Electric Department to the City Administration Department.
Recommendation:
(1) Find that approval of the proposed resolution is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Adopt the resolution approving the reorganization/relocation of the Information
Technology Division from the Gas & Electric Department to the City
Administration Department.
City Administrator Mark Whitworth provided the oral report on the proposed organizational
change which will address the City’s needs and centralize the Information Technology Division
under City Administration.
It was moved by Martinez and seconded by Maisano to approve Resolution No. 2014-72.
Motion carried, 4-0.
Human Resources Department
15. A Resolution of the City Council of the City of Vernon approving and authorizing
the execution of an at-will employment agreement by and between the City of
Vernon and Mark Whitworth to serve as the City Administrator of the City of
Vernon.
Recommendation:
(1) Find that the approval of the resolution proposed in this 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.
(2) Adopt the attached resolution approving and authorizing the execution of a new
at-will employment agreement with Mark C. Whitworth, effective January 1,
2015, to continue serving as City Administrator. Mr. Whitworth’s current at-will
employment agreement expires December 31, 2014. The proposed new
agreement uses the standard at-will agreement form approved by City Council for
other executive positions and includes certain new or modified terms and benefits.
Regular City Council Meeting Minutes
December 16, 2014
Page 4 of 5
Mayor McCormick declared that this item is deferred to an adjourned regular meeting of the City
Council to be held on December 22, 2014, at 8:00 a.m. No action was taken on this item.
16. Approval of items related to Vernon Firemen’s Association and citywide fringe
benefits and salary:
(1) Resolution No. 2014-73 - 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 Firemen’s Association for the period of July 1, 2014 through June
30, 2016.
(2) Resolution No. 2014-74 - A Resolution of the City Council of the City of Vernon
adopting an amended and restated citywide fringe benefits and salary resolution in
accordance with government code section 20636(b)(1) and repealing all resolutions
in conflict therewith.
Recommendation:
(1) Find that approval of the proposed 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; and
(2) Adopt the resolution approving the Memorandum of Understanding by and
between the City of Vernon and Vernon Firemen’s Association for the period of
July 1, 2014 through June 30, 2016; and
(3) Adopt the resolution amending and restating the Citywide Fringe Benefits and
Salary Resolution, effective December 28, 2014, to reflect the following
provisions:
a) Amend Exhibit A, Classification and Compensation Plan
b) Amend Section 11, Automobile Allowance
c) Add Section 21, Uniform Allowance
d) Delete the Risk Manager Classification
e) Implement the changes set forth in the 2014 -2016 Memorandum of
Understanding between the City of Vernon and the Vernon Firemen’s
Association.
Director of Human Resources Teresa McAllister advised that compensation items related to
public employees cannot be addressed at a special meeting; therefore, the citywide fringe
benefits and salary resolution previously presented at the Special December 9, 2014, City
Council meeting are void. The proposed are being reintroduced for approval at this regular
meeting.
McAllister reported on Vernon Firemen’s Association Memorandum of Understanding (“MOU”)
which was deferred from the previous City Council meeting.
In response to Mayor Pro-Tem Davis, McAllister confirmed that the auto compensation for City
Council will need be on the April 2015, general municipal election ballot.
In response to Mayor McCormick, Fire Chief Michael Wilson clarified key provision on the
Firemen’s Association MOU.
It was moved by McCormick and seconded by Maisano to approve Resolution No. 2014-73 and
Resolution No. 2014-74. Motion carried, 4-0.
ORAL REPORTS
17. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
18. City Council Reports – brief report on activities, announcements, or directives to staff.
Regular City Council Meeting Minutes
December 16, 2014
Page 5 of 5
Police Chief Daniel Calleros reported vandalism to police patrol units. He reported on the
receipt of state funding for the participation in the post-release oversight of parolees in the
southeast area. Calleros advised that a DUI check point is scheduled for later this month.
Police Captain Michael Gillman reported on one vandalism incident.
Fire Chief Michael Wilson reported on the completion of the first-round, Firefighter interviews.
The Spark of Love toy-drive is ongoing. Wilson reported on upcoming Fire personnel training.
Public Works and Water Superintendent Scott Rigg provided an update on the office
reconfiguration project at City Hall.
Director of Gas and Electric Carlos Fandino reported no outages since the last Council meeting.
Finance Director William Fox advised that renewal business license notifications have been sent
out to Vernon businesses.
Director of Health and Environmental Control Leonard Grossberg reported on the new trash
hauler franchise agreements. He announced the Green Vernon Commission meeting on
December 17, 2014 at 3:30 p.m.
Director of Human Resources Teresa McAllister announced the holiday event on December 18,
2014.
City Administrator Mark Whitworth reported on the Vernon Housing Commission meeting held
December 10, 2014. He provided updates on the Vernon Village Park. Interviews for City Clerk
position candidates are scheduled to occur within the week. He wished all a happy holiday.
The Council Members also wished all happy holidays.
At 10:00 a.m., Mayor McCormick declared that the City Council meeting is adjourned to
December 22, 2014, at 8:00 a.m. The City Council will address those items that were deferred to
said meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD MONDAY,
DECEMBER 22, 2014, IN THE COUNCIL CHAMBER OF THE CITY
HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez
MEMBERS ABSENT: None
The meeting was called to order at 8:41 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. The public will also be
given an opportunity to comment on matters on the posted agenda during Council deliberation.
No one responded.
CLOSED SESSION
With no public comment on the closed session items, at 8:42 a.m., it was moved by Maisano and
seconded by Davis to enter into closed session to discuss the agendized item.
1. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Designated Representative: Teresa McAllister, Director of Human Resources
Unrepresented Employee: City Administrator
At 8:55 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.
SECOND PUBLIC COMMENT
Mayor McCormick announced that this is the second opportunity 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.
No one responded.
NEW BUSINESS
2. Resolution No. 2014-75 - A Resolution of the City Council of the City of Vernon
approving and authorizing the execution of an at-will employment agreement by
and between the City of Vernon and Mark Whitworth to serve as the City
Administrator of the City of Vernon.
/ / /
/ / /
Adjourned Regular City Council Meeting Minutes
December 22, 2014
Page 2 of 2
Recommendation:
(1) Find that the approval of the resolution proposed in this 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.
(2) Adopt the attached resolution approving and authorizing the execution of a new
at-will employment agreement with Mark C. Whitworth, effective January 1,
2015, to continue serving as City Administrator. Mr. Whitworth’s current at-will
employment agreement expires December 31, 2014. The proposed new
agreement uses the standard at-will agreement form approved by City Council for
other executive positions and includes certain new or modified terms and benefits.
Director of Human Resources Teresa McAllister provided the proposed item and reported on the
recommendation. She noted that City Administrator Mark Whitworth has had a chance to
review the proposed and has no revisions.
It was moved by Martinez and seconded by Maisano to approve Resolution No. 2014-75.
Motion carried, 4-0.
With no further business, at 8:59 a.m. Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
RffiGFn\fffiD
DEC 2 3 .014
CIIY CLERI('S OIflCE Wit!ffiornon
POLICE DEPARTMENT
Daniel Calleros, Chief of Police
4305 Santa Fe Avenue, Vemon, California 90058
Telephone (323)587-5171. Fax(323) 826-'1.487
December 16,2014
Honorable City Council
City of Vernon
Vernon, California
Honorable Members:
Attached are copies of the Vernon Police Department Activity Log and Statistical
Summary of Arrest and Activities which cover the period from 12:01 &.ffi.,
December 1,2014 up to and including midnight of December 15,2014.
Respectfully submitted,
VERNON POLICE DEPARTMENT
S r,*-{ C*lL*,
DANIEL CALLEROS
CHIEF OF POLICE
DC/dr
RECEIVED
DEC I 6 20lt
CITY ADMINISTRATION
lE4chsivety Infiutriat
VE RIY ON POLI CE DEPARTMEIVT
D epartment Activity Report
Jurisdiction' vERNoN
First Date: 12t01t2014
Last Date: 12t1st2o't4
Department Complaint
Type Description
All Units Primary Unit
VPD
10-6
10-96H
10-96M
20002
20002R
211R
242
242R
314
415
422R
459
459A
459R
459S
459VR
484R
487R
586
594
594R
602
602R
647F
901
9027
909C
909E
9097
911
91 1A
91 7A
92OPR
925
AB109
ASTVFD
BOSIG
BOVEH
CITCK
CIVIL
CODE5
coP
DEAD ANIMAL
DET
DETAIL
DPTAST
DUI
FILING
oFFtcER rs 10-6 c7,961,962,10-10, WASH, EQUtPt\
PICK UP THE JAIL PAPER WORK FROM HP JAIL
10-96 MARY (MAIL DETAIL)
NON-INJURY HIT AND RUN
NON.INJURY HIT AND RUN REPORT
ROBBERY REPORT
BATTERY
BATTERY REPORT
INDECENT EXPOSURE
DISTURBING THE PEACE
TERRORIST THREATS REPORT
BURGI.ARY
AUDIBLE BURGLARY ALARM
BURGI.ARY REPORT
SILENT BURGLARY ALARM
BURGLARY TO A VEHICLE REPORT
PETTY THEFT REPORT
GRAND THEFT REPORT
PARKING PROBLEM
VANDALISM
VANDALISM REPORT
TRESPASS
TRESPASS REPORT
DRUNK IN PUBLIC
UNKNOWN INJURY TRAFFIC COLLISION
NON-INJURY TRAFFIC COLLISION
TRAFFIC CONTROL
TRAFFIC ENFORCEMENT
TRAFFIC HAZARD
911 MISUSE / HANGUP
CONTACT THE REPORTING PARTY
ABANDONED VEHICLE
LOST PROPERTY REPORT
SUSPICIOUS CIRCUMSTANCES
PROBATION / PAROLE COMPLIANCE CHECKS
ASSIST VERNON FIRE DEPARTMENT
BROKEN SIGNAL OR LIGHT
BROKEN DOWN VEHICLE
CITATION CHECK
CIVIL MATTER
SURVEI LLANCE/STAKE-OUT
COP DETAIL
DEAD ANIMAL FOR REMOVAL
DETECTIVE INVESTIGATION
DETAIL
DEPARTMENTAL ASSIST
DRIVING UNDER THE INFLUENCE
OFFICER IS 10-6 REPORTWRITING
107
2
5
3
12
1
4
2
3
4
2
6
145
5
2
2
5
2
17
14
7
17
1
6
2
60
2
3
12II
3
2
22
1
15
10
15
7
1
3
2
1
10
1
1
2
22
9l
2
4
2
6
I
I
I
I
I
I
I
69
J
I
I
4
I
l4
J
6
4
I
2
I
32
2
J
7
5
6
2
2
8
I
l0
5
ll
6
1
2
2
I
3
I
I
I
20
1416/2014 07:13:29 Page of
VERNON POLICE DEPARTMENT
D ep artment Activity Report
Jurisdiction' vERNoN
First Date: 12to1t2o't4
Last Date: 1a1slzo14
Deparlment Complaint
Type Description
Ail anils Primary Unit
VPD
FOUND
FU
GTAR
HBC
ILLDPG RPT
JAILPANIC
KTP
LPR
PAFD
PANIC ALARM
PAPD
PATCK
PEDCK
PI-ATE
PRSTRAN
REC
RECKLESS DF
REPO
SEAACA
SUBPOENA
TMFFIC STOI
UNATTACHED
VCK
VEH RELEASE
WARRANT
WELCK
WRNTSVC
FOUND PROPERW REPORT
FOLLOW UP
GRAND THEFT AUTO REPORT
HAILED BY A CITIZEN
ILLEGAL DUMPING REPORT
TEST THE JAIL PANIC ALARM BUTTON
KEEP THE PEACE
LICENSE PISTE READER
PUBLIC ASSIST-FIRE
PANIC AI.ARM/DURESS AI.ARM
PUBLIC ASSIST.POLICE
PATROL CHECK
PEDESTRIAN CHECK
LOST OR STOLEN PI-ATES REPORT
PRISONER TRANSPORTED
RECOVERED STOLEN VEHICLE
RECKLESS DRIVING (231 03)
REPOSSESSION
SEAACA ANIMAL CALLS
SUBPOENA SERVICE
TRAFFIC STOP
UNATTACHED TRAILER
VEHICLE CHECK
VEHICLE RELEASE
WARRANTARREST
WELFARE CHECK
WARRANT SERVICE
I
7
8
I
I
I
2
2
I
3
8
50
2t
I
2
J
J
6
I
2
129
I
43
l0
I
4
8
2
16
13
1
1
1
5
4
1
10
14
62
36
1
2
6
4
6
1
2
149
1
68
15
1
10
8
Department:1029 674
Overall:1029 675
12/16/2014 07:13:29 Page of
VERNON POLICE DEPARTMENT
Police Activity Report
Period Ending: l2ll5ll4
TRAFFIC COLLISIONS
TOTAL
NON-INJURY
INJURY
Pedestrian
Fatalities
City Property Damage
Hit & Run (Misdemeanor)
Hit & Run (Felony)
Persons Injured
VEHICLES STORED
Unlicensed Driver
Abandoned/Stored Vehicle
Traffic Hazard
CITATIONS
Citations Iss (Prisoner Release)
Citations Iss (Moving)
Citations Iss (Parking)
Citations Iss (Total)
Hazardous
Non-Hazardous
Other Violations
CASES CLEARED BY ARREST
AR14-3sl CR142140 148(AXl) PC
AR14-353 CP.t4214t 459(4) PC
AR14-355 CR142170 647(F) PC
PROPERTY RECOVERED
VEHICLES: $0.00
PROPERTY RECOVERED FOR
OTHER DEPARTMENTS
VEHICLES: $2,400.00
NO.
18
t6
2
J
5
5
20
7
6
91
l4
105
4t
50
VERNON POLICE DEPARTMENT
REPORT FOR PERSONS ARRESTED
PERIOD ENDING 12115/14
MALE FEMALE TOTAL
ASSAULT WNH A DEADLY WEAPON
BURGLARY 2 2
CRIMINAL THREATS
DOMEfiC VIOLENCE
GRAND THEFT
IDENTITY THEFT
POSS. CONTROLLED SUBS.
POSS. STOLEN PROPERTY
RAPE
ROBEERY
VEHICULAR MANSLAUGHTER
VEHICLE THEFT
TOTAL FELONY ARRESTS 2 o 2
MALE FEMALE TOTAL
BRANDISHING F]REARM
CRIMINAL THREATS
DRIVING UNDER THE INFLUENCE
DRUNK IN PUBUC 1 1
PETTY THEFT
POSS. NARC. PARAPHERNAUA
RESISNNG ARREST z 2
TRESPASSING
VANDAUSM
WARMNTS (BENCHTTRFC)I 1
WARMNTS (FOREIGN)I 1
rQTAL MISD. AI(I(EsTs 5 o 5
MALE FEMALE TOTAL
BURGLARY
PETTY THEFT
POSS. STOLEN PROPERTY
VANDAUSM
VEHICLE THEFT
IOTAL JUVENILES DET.o o o
TOTAL FELONY ARRESIS (ADULT) TO DATE: tL7
TOTAL MISDEMEANOR ARRESTS (ADULT) TO Onrr: 231-
TOTAL IUVENILES DETAINED (FELONY AND MISDEMEANOR) TO onrr:
----3-TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE:
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
First Dale: 1ao 2014
Jurisdiction: vERNoN Lasl Dale: 't2Jo1t2oi4
Call Number Disp Ten Received
Code Comolainl
Caller
Address Unit Time
Deo Oflicer Unit Dispalch Enroute OnScene DeDart Arrive Remove Como
20141220948
1015
RPT
20141220953
RPT
1015
VS
20141220937
RPT
20141220954
RPT
13:51:50
'14:16:'19
14:'l6:10
13:52:03
13:51:46
141'12:57
15:56:12
19:02:29
14:46'.11
16:'14:59 '15:56:11
15:56:,l2
15:56:12
1210112014 1OtO2:58
9O2T SEVILLE AV//VERNON AV. VERNON
VPD HERRERA.GUSTA2LI l
VPD MADRIGAL.MARII2L,I2
VPD ZAPIEN.DAVID 2S2
1210112014 12:50:15
594 PACIFIC BL // 49TH. VERNON
VPD VILLEGAS,RICHA-218
VPD HERREM.GUSTI2LI l
VPD MADRIGAL.MARI/t2112
VPD WINEGAR,JERRY2L92
VPD ZAPIEN,DAVID 2S2
VPD IVIARTINEZ.GABR5O31
Deoartmen OCA Number RMS JurisvPo cR20142139 CA0'197300
10:04:07
10:06:28 10:09:44
10:04:24
14:14124 14t26:45
14t16t22 14t17122 18:29:48 18:41:37
14:16:10 14:17120
14:16:30
14:16:05
14:41'.44
14:46:11 14:58:20
14:46:16 14.58123
10:09:48
10:51:46
11:02:35
Departme OCA Numb$ RMS JurisvPD CR20142140 C40197300
1210112014 14:13:26 FARHAD YAGHOUB|
'12:55:33
13:09:53
12:55:40
13:09:43
12,55,43
13:10:02
Deoa mer OCA Number RMS JurisvPD CR20142141 C401973005OO1 S SANTA FE AV. VERNON
VPD CROSS,JEREMY "5D23
VPD HERRERA,GUSTI2Ll l
VPD MADRIGAL.MARII2LI2
VPD VILLEGAS.RICHA2LS
VPD WINEGAR,JERRY2L92
VPD MARTINEZ.GABR5O3l
12rc1n014 14:38:11 ELVTRq R/AMTREZ
2OOO2 BANDINI BL //ATLANTIC BL, VERNON
VPD MADRIGAL,MARIT2LI2
VPD ZAPIEN.DAVID 2S2
Deoartmeru OCA Numbq RMS JurisvPD CR20142142 C40197300
15:04i59 15:10:01
15:55:16
12/02/2014 00:45:54 Page 1 of 2
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
First Date: 12t01t2014
Jurisdiction: vERNoN Lasl Dale: 1ao 2014
Call Number Disp Ten Received Caller
Code Comolaint Address Unit Time
Deo Oflicer Unit DisDatch Ewoule Onscene Deuart Arrive Remove Comp
1AO1|2O14 '16105156
9027 SANTA FEl/52. VERNON
VPD REYNA.JOSE S '2110 16:08:50 '16:09:13 16.28t26
Depafiment OCA Number RMS .lurisvPD CR20142',143 CA0197300
17:16:01
VPD MADRIGAL.MARII2L12
VPD ZAPIEN,DAVID 2S2
1210112014 17:32:18 HppD Deparlmmt OCA Number RMS JurisvPo cP20142144 C40197300
17:33.26 17'.54'.07 18:50i28
'16:10:07 16:18:30
16122:32
16:34:42
'16:40:12
20141220962
RPT
211R 5,I,16 S SANTA FE AV. VERNON
VPD REYNA.JOSE S '2110
12/042014 00:45:54 Page 2 ol 2
VERNON POLICE DEPARTMENT
Cull Log Report Type AA Unit Times and Location with OCA's
First Date: 12t0212014
Jurisdiction' vERNoN Last Date: 12toa2ou
Call Number Disp Ten Received Caller
Code Comolaint Address Utilfirue
Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
20141220998REpO 1210212014 '12:26:53 fox recoveY
REPO 47OO S BOYLE AV, VERNON
VPD RECORDS BURE/-RECD
20141221003
DeDartmeru OCA Number RMS JurisvPD CR20142145 CA0197300
12:28:42
Departmem OCA Number RMS JurisvPD CR20142146 C40197300
VI
RPT
1210212014 14:36:28 T-MOB1LE (877) 653-7911
9O2T LEONIS BL // SOTO. VERNON
VPD HERRERA,GUSTI2Ll2
VPD HERNANDEZ.EDV2LS
12:48:21
15:45:17VPD NEWTON.TODD *2L11 14:36:56 14:36:57 14:40:50
14:52:05
14:38:48 14:40:54
'15:29:35
15:40:14
12/03/2014 05:15:02 Page 1 of 1
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
First Date: 1ao3t2o14
Jurisdiction' vERNoN Last Date: 'l2to3l2o14
Call Number Disp Ten Received
Code Complaint
Caller
Address Unit Time
Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
20141221047 RpT 1210312014 10:08:53
REPO REPO
20141221049
CITE 1210312014 10:15:24
vt TRAFFIC STOP 2760 FRUITLAND AV. VERNON
VPD GAYTAN,LORENZ-2L12
201412210s6
REpO '1210312014 11:56:15 FOX RECOVERY
REPO 2126 E 52D, VERNON
VPD RECORDS BURETRECD
2014122106t
RPT
VPD NEWTON.TODD M1
20t4t221065Vt 1210312014 13:48:35
ctrE TRAFFIC STOP E 46TH // PACIFIC BL, VERNON
VPD GAYTAN,LORENZ-2L12
20t4t22t078
4820 E 5OTH. VERNON
VPD RECORDS BURETRECD
DeDartmeru OCA Number RMS JurisvPD CR20142147 CA0197300
10:09:24
Departmen OCA Number RMS JurisvPD CR20',t42148 CA0197300
1 0:1 5:26
'12:59.07
Departmeru OCA Number RMS JurisvPD CR20142152 CA0197300
13:48:35
20141221051
1ZO3I2O14 11:52:57
",TE
...
TRAFFIC STOP E 55TH // SANTA FE AV. VERNON DCDA MCNI OCA NUMbET RMS TATiSvPD CR20142150 CA0197300
VPD GAYTAN,LORENZ*2L12 11:52:57
DeDartmen OCA Number RMS JurisvPD CR20142149 CA0197300
1 1 :59:1 5
11'.14:51
10:41:30
12:22:24
12:O4:44
13:32'.22
13:32'.22
14:08:48
1A03120'14 12:49:07 JOSE MARTTNEZ
9o2T E 26TH // BoNNTE BEAcH pL, vERNoN DePartmem ocA Number RMS JurisvPD CR20142151 CA0197300
VPD ESCOBEDO,ALEX2LI 1 '12:51'.25 12:51:27 12:59:06
1404/2014 05:30:0i Page 1 of 2
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times und Location with OCA's
First Date: 12t03t2014
Jurisdiction: vERNoN Lasl Dale: nro3l2o14
Call Number Disp Ten Received
Code Comolaint
Caller
Address Unit Time
Deo Officer Unit Disqatch Enroute OnScene Deoarl Arrive Remove Comp
2014t221078
RPT
20141221083
RPT
20141221080
CITE
VI
CKOK
16141:09
'17:21'.09
16:48:'l l 16:52i30
16:49:47 16:50:52
1210312014 16t41109
459R 2833 LEONIS BL, VERNON S/A 112
VPD NEWTON.TODD -M1
VPD ESCOBEDO.ALDELI l
DeDa me OCANumbq RMS JurkvPD CR20142154 CA0197300
1210312014 16,47:21 T-MOB|LE (877) 653-7911
ASTVFD E 37TH // SOTO. VERNON DeDdrlmem OCA Numbu RMS JutisvPD CR20142153 CA0'197300
17:52.11
17:02:26
17:58:01
17:28:34VPD GAYTAN,LORENZ2Ll2
VPO ESCOBEDO.ALE}2111
1210312014 17:58,05 UNTTED CARGO LOG|ST|CS
20141221099
VREC 1210312014 23t43:21
REC
2O3O ROSS, VERNON
VPD GAYTAN.LORENZ2LI2 17:59:40 17t59:41 18:02:29
VPD ESCOBEDO.ALE}2111 18t2o:22 '18:41:39
DeDdrlment OCA Numbu RMS JurisvPD CR20142155 CA0197300
DeDorlnreru OCA Number RMS JurisvPD CR20142156 C40197300
23:43:21
6062 ALCOA AV. VERNON
18:42:09
18i42:09
00:28:45
00:28:45
VPD ZOZAYA.OSCAR -118
VPD VALENZUELA.FEII Ll2 23:43:58 23:43:59
12/A/2011 05:30:0i Page 2 of 2
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times und Locution with OCA's
Firct Dale: 1ao4t2o14
Jarisdietion: vERNoN Last D e: i2to4t2o14
Call Number Disp Ten Received
Code Comolainl
Caller
Address Ilnit Time
Dep Oflicer Unit DisDatch Enruute Onscene DeDa Arrive Remove ComD
20t4t22ttt2
RPT
20t4t22ttt4
RPT
20141221126
RPT
20141221128
VI
1210412014 07:15:31 SpRtNT 866-398-3284
9O2T S SOTO // 46TH. VERNON DeDartmen OCA Number RMS JurisvPD CR20142157 CA0197300
VPD VELASQUEZ.RICT2L'I'l O7:17O3 07:17:19 07:20:10
08:03:55
08i05:31
07:52:25
1O:O2:11
11:02:02
1210412014 09:14.21 T-MOB|LE (877) 653-7911
9O2T PACIFIC BL // SANTA FE AV, VERNON
VPD ESCOBEDO.ALEX2Ll2
VPD SANTOS.DANIEL 2S2
1210412014 07:51:47
92OPR 4305 S SANTA FE AV. VERNON
VPD CROSS,JEREMY '5D23
12104D014 09t36114
TRAFFIC STOP E 26TH // SANTA FE AV, VERNON
VPD GAYTAN.LOREN2T2L9
12l04DO14 10115t32
TRAFFIC STOP
VPD ESCOBEDO.ALE)2112
VPD GAYTAN,LOREN2-219
1210412014 10:24:38 TOPS HANDBAGS
459R 2O5O E 49TH. VERNON
Deparlmeru OCA Number RMS JurisvPD CR20142158 CA0197300
07:51:48
DeDa me OCA Numbq RMS JurisvPD CR2014215S CA0197300
09:15:01 09i36:13
09i15:04
Depa mem OCA Number RMS JurisvPD CR20't42160 CA0197300
09r36:14
10i16i58
DeDartmem OCA Numbu RMS JutisvPD CR20142162 CA0t97300
07:19:'13
09:37:19
09:37:19
20t4122rt31
CITE
VI
20141221132
RPT
sANTAFEAVE//sLAUsoNAVAVE,vERNoN !;Satment g|{il!fr|* Syri{ry#
VPD RAMOS.JOSE .2L10 1O:27:OB 1027:28 10:35:39 '11:15:19
1 1 :15:19
20141221143
12/05/2014 12:21:0:
VPD VELASQUEZ.RICt2Lll 10:58:50
Page 1 of 2
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Locotion with OCA's
First Date: 1zto4tzo14
Jurisdiction' vERNoN Last Date: 12104t2014
Call Number Disp Ten Received
Code Complaint
Caller
Address Unit Time
Deo Officer anit Dispatch Enroute OnScene Depart Arrive Remove Comp
20t41221143
V 12104D014 14:39:53
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20141221115
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VPD GAYTAN.LORENZ2Lg 15:22:18 15:53:16
1405/2014 12:21:03 Page 2 of 2
VERNON POLICE DEPARTMENT
Cull Log Report Type All Unit Times and Location with OCA's
lurisdiction' vERNoN
First Date: 1aosl2o14
Last Date: 12105120'l.4
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address Unit Time
Unit Dispatch Enroute OnScene Deoart Remove
20141221L86
REPO
20t41221192
RPT
20141221194
RPT 12lO5l2O'14 18:47:36
925
Deparlment
VPD
17:25:54 17:31:44
DeDortment
VPD
18:50:49 18:52:25
18:50:52
OCA Number
cR20142166
OCA Number
CP2:O142167
12105120'14 15:39:20 STATE W|DE RECOVERY
REPO 2701 S BONNIE BEACH PL, VERNON
VPD RECORDS BUREIRECD
'1210512014 17:'12:17
PLATE 2OO3VERNON, VERNON
VPD HERNANDEZ.EO\T2L12
Departmeru OCA NumbervPD CR20142165
15:41:29
RMS Juris
cA0197300
RMS Juris
cAo197300
RMS Juris
cA0197300
I 9:03:1 0
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18:22:41
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Call Log Report Type All Unit Times and Location with OCA's
First Date: l2-o1- l1
furisdiction: Last Date: lZ+-)-lLt
Call Number Disp Ten Received Caller
Code Complaint Address Unit Time
Deo Officer Unit Dispatch Enroute OnScene Depart Aruive Remove Comp
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12/08/2014 00:03:2<Page 1 of 1
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
First Date: 1uoBl2o14
Jurisdiction' vERNoN Last Date: 1aogt2o14
Call Number Disp Ten Received
Code Comolaint
Caller
Address Unit Time
Dep Officer (Init Dispatch Enroute OnScene Depart Arrive Remove Comp
20141221282
RPT
20141221287
VI
RPT
CITE
20t41221296
1210812014 06:36:04 LA REGTONAL FOOD BANK
484R 2825E 54TH, VERNON
VPD CERDA,EUGENIO-1111
1210812014 08:07:24
TMFFIC STOP E 55TH // SANTA FE AV, VERNON
Departmeru OCA Number RMS JurisvPD CR20142168 cA0197300
06:38:32 06:43:32
Departmeru OCA Number RMS JurisvPD CR20142169 CA0197300
08:07:24
Departmeru OCA Number RMS JurisvPD CR20142170 cA0197300
09:43:26
09:29:02
12:35:44
17:58:03
07:09:58
08:41:46
1O:18:21
13:09:46
19:07:51
VPD HERRERA,GUSTI*2L12
lOjS 12108120'14 09:08:57 FJ SECURITY
S SOTO //VERNON AV. VERNON
VPD ZAPIEN,DAVID *2s.2
VPD HERNANDEZ,EDV2Lll
VPD HERRERA,GUSTI2L'12
2014t22131410.15 1210812014 12:15:49
RPT PEDCK S SANTA FE AV// 55TH, VERNON
VPD HERRERA,GUSTI-2L12
VPD MOSCOSO,CHRIT2LlO
20141221334
RPT 12108120'14 17:50:55
242R 3305 BANDINI BL, VERNON
VPD HERRERA,GUSTI*2L12
VPD HERNANDEZ,EDV2Lll
09:'10:30 09:14:35
09:17:35 09:25:14
09:25:04 09:27:06
17:54:08
17:54:28 '17:54:36
DeDartmeru OCA Number RMS JurisvPD cR20142171 CA0197300
12:15:49
'12:30:54
DeDartmeru OCA Number RMS JurisvPD cR20142172 CA0197300
1A09/2014 00:07:4i Page 1 of I
RpT 647F
YERNON POLI CE DEPARTMEIYT
Call Log Report Type All Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: 1ao9t2o14
Last Date: 12t0912014
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address Unit Time
20141221349
CITE
VI
20141221362
CITE
VI
20141221365
1015
2014t221376
CITE
VI
20141221388
CITE
VI
20141221391
RPT
20141221399
1210912014 07:54:4'l
TRAFFIC STOP 3345 E SLAUSON AV, VERNON
VPD GAYTAN.LORENT2LIl
1210912014 10:00:48
VCK sgsOALCOAAV, VERNON
VPD GAYTAN,LORENZ-2111
'l2logl2014 '10:19:22
PEDCK E 25TH // SANTA FE AVE, VERNON
VPD HERRERA.GUSTI-218
1210912014 12:09:59
TRAFFIC STOP E SLAUSON AV// SANTA FE AV, VERNON
VPD GAYTAN,LORENZ2L1l
1210912014 13:42:21
TRAFFIC STOP 3375 E SI.AUSON AV, VERNON
VPD GAYTAN,LORENZ2Lll
1210912014 14:08:33
2OOO2R BANDINI BL // ATLANTIC BL. VERNON
VPD MADRIGAL.MART2LlO
VPD GAYTAN,LORENZ2Lll
VPD HERNANDEZ,EDV2L9
Dispatch Enroute OnScene Deport
Departmem OCA NumbervPD cR20142173
07:54:41
Departmeru OCA NumbervPD cR20142174
10:00:48
'10:'19:22
DeDartmem OCA NumbervPD cR20142175
12:09:59
DeDartmeru OCA NumbervPD cR20142',176
13:42:21
Depurlmem OCA NumbervPD cR20142177
14:08:36
14:35:50
14:09:11
Remove
RMS Juris
cAo1973oO
RMS luris
cAo197300
RMS Juris
cA0197300
RMS Jurk
cAo197300
RMS Juris
cAo't97300
14:08:58
14:55:33
08:25:55
10:52:04
10:39:08
12:25:OS
14'.17'.03
12/10/2014 00:/u:04 Page
15:07:55
21of
I/ERNON POLICE DEPARTMENT
Call Log Report Type All Unil Times and Location with OCA's
Jurisdiction' vERNoN
First Date: 12t09t2014
Last Date: 1210912014
Call Number Disp Ten Received
Code Complaint
Caller
Address Unit Time
Enroute OnScene Deoart
TRAFFIC STOP E 48TH // SANTA FE AV, VERNON
VPD GAYTAN,LORENZ-2111
12/10/2014 00:tU:04 Page
20141221399
CITE
VI
20t41221400RpT 1210912014 15:39:16
92OPR 4305 S SANTA FE AV, VERNON
VPD RECORDS BURETRECD
DeDsfimeru OCA NumbervPD cR20142178
15:28:22
Departmeru OCA NumbervPD cR20142179
15:39:35
RMS Juris
cA0197300
RMS Juris
cA0197300
15:59:20
16:46:38
of
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: 1a1ot2o14
Last Date: 12t1012014
Call Number Disp Ten
Code
Caller
Address
Dep Officer
Received
Complaint
Unil
Unit Time
Dispatch Enroute OnScene Deoart Arrive Remove Comp
20141221432
RPT
20141221437
VI
CITE
20141221440
RPT
20141221447
CITE
VI
20141221461
VI
CITE
RPT
20141221469
REPO
1211012014 06:12:39
9027
1211012014 07:57:13
TMFFIC STOP
1211012014 08:15:34
594R
JOHN
2775E26TH, VERNON
RAMOS.JOSE -.I Ll1
CERDA,PAUL,JR 1112
CERDA,EUGENIOl L9
E SLAUSON AV // ALAMEDA, VERNON
GAYTAN,LORENT2L12
CORE SYSTEMS
4601 E sOTH, VERNON
ESCOBEDO,ALEY2LIl
DeDartment
VPD
06:14:14 06:'18:27
06:15:47 06:19:17
06'.14'.21 06:18:59
Department
VPD
08'.17:28
DeDartment
VPD
12:51:03
12:51:53 '12:53.,29
DeDartmeru OCA NumbervPD CR20142181
07:57:13
VPD
VPD
VPD
OCA Number
cR20142180
OCA Namber
cR20't42',t82
OCA Number
cR20142184
RMS Juris
cA0197300
RMS Juris
cAo197300
RMS Jaris
cAo1973oO
RMS Juris
cAo197300
RMS Juris
cA01 97300
RMS Juris
cAo197300
06:54:1 0
06:54:10
06:54:11
08:20:12
08:43:09
09:40:45
09:40:45
13:25:44
13:25:43
08:17:27
1211012014 09:15:13
TMFFIC STOP 33OO LEONIS BL, VERNON
VPD NEWTON.TODD -M1
VPD ESCOBEDO,ALE\2L11
1211012014 '12:51:03
TMFFIC STOP E VERNON AV // ALAMEDA, VERNON
VPD HERRERA,GUSTT2LS
VPD GAYTAN,LOREN72II?
1211012014 14:53:32
REPO 4353 EXCHANGE AV, VERNON
VPD RECORDS BURETRECD
Deportmem OCA NumbervPD CR20142't83
09:1 5:1 3
09'.16''22
DeDsrtmeru OCA NumbervPD cR20142185
14:53:55
1A1il2014 00:55:4t Page of
15:59:1 3
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
First Date: 1211012014
Jurisdiction: vERNoN Last Date: 12J10t2014
Call Namber Disp Ten Received
Code Complaint
C ler
Address an Time
Deo Oflicer Unit Dispalch Enruute Onscene Deparl Arrive Remove Como
20141221470
CITE
VI
1211012014 15:13:57
TRAFFIC STOP E 53D // SANTA FE AV, VERNON
VPD HERRERA,GUSTA2LS
VPD GAYIAN.LORENZ2Ll2
Depa ment OCA Numbq RMS JurisvPD CR20142186 CA0197300
'15t13:57
15:22:41
DeDarlmeru OCA Number RMS JurisvPD CR20142187 CA0197300
15:56:36
15.44:20
15:44'.20
2014t221472
REPo 1211012014 15154112 STERLING ASSET RECOVERY
REPO 3OO1 SIERRA PINE AV. VERNON
VPD DISPATCH "DISP 16'.32112
2014t221474
U 12hOl2O14 1A:O5:09
crrE rRAFFrcsrop EVERNoNAV//FURLoNGeL.vERNoN f;SSartment g€friltrH* }trr!r![f
VPD GAYTAN.LORENz.2L12 18:05:09 18:31:10
1allnu4 00:55:1t Page 2 ot 2
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: 1a11n014
Last Date: 121't1t2014
Csll Number Disp Ten
Code
Received
Comolaint
Caller
Address anil Time
20141221492
'l
4305 S SANTA FE AV, VERNON
VPD ENCINAS,ANTHO*5D35
T-MOBTLE (877) 6s3-791 1
2OO3 E VERNON AV. VERNON
VPD VELASQUEZ,RTI2LI2 12'.15:17
Dispatch Enroute OnScene Deoart Remove
20t41221506
RPT
20t4t22lsls
RPT
20141221517
RPT
VI
CITE
20t4t22tszl
VI
RPT
20141221s26
RPT
1211112014 12:13:50
9027
12111120'14 14:40:00
484R 48OO S SANTA FE AV, VERNON
VPD VELASQUEZ,RICY2L12
1211112014 15:16:44
TRAFFIC STOP DOWNEY RD // sOTH, VERNON
VPD GAYTAN,LORENZ"2L8
121'1112014 16:53:26
TRAFFIC STOP SLAUSON AV // HOLMES. VERNON
VPD GAYTAN.LORENT2LS
1211112014 17 49:05
GTAR 2528 E 37TH, VERNON
VPD VELASQUEZ.RrcT2Ll2
07:46:02
Department
VPD
12:15:30 12:17:36
DeDartment
VPD
14:41:20 14:51:39
DeDartment
VPD
17:5'l:04 17:55:07
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15:'16:44
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16:53:26
OCA Number
cR20142189
OCA Number
cR20142190
OCA Number
cR20142193
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cAo197300
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cA0197300
RMS Juris
cA01 97300
RMS Juris
cAo197300
RMS Juris
cA01 97300
08:59:03
12:51:52
15:22:47
15:37:47
17:26:30
12/12/2014 04:24:3!
17:50:50
Page
18:36:24
1211112014 07:45:28
WARRANT
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VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
First Date: 12na2ou
Last Date: 1ant2o14Jurisdiction' vERNoN
Call Number Disp Ten Received
Code Complaint
Caller
Address Unit Time
Dep Officer Unit Dispatch Enroute Onscene Depart Anive Remove Comp
20141221569
RPT
20141221572
RPT
20141221585
RPT
20141221588
RPT
1211212014 10:26:47 SOEX WEST USA
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VPD VELASQUEZ,RrcT2L2
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1211212014 10:50:49 FARM FRESH TO YOU
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VPD VASQUEZ,LUIS -2L3
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1211212014 15:34:24 ALLTED SALES
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10:52:46
10:55:04 1'l:13:49
Depurtmeru OCA Number RMS JurisvPD CR20142195 cA0197300
10:55:00
10:52:42 11:45:58
10:53:58
12:24:54
16:39:38
17:28:59
'17:29:00
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1211212014 16:44:03 VERTZON WIRELESS 800 451 5242 4
Departmem OCA Number RMS JurisvPD cR20142196 cA0197300
Departmeru OCA Number RMS JurisvPD CR20142',197 cA01973006190 S BOYLE AV, VERNON
VPD VELASQUEZ,RTY2L2 16:48:28 16:48:49 16:59:29
VPD ESCOBEDO.ALE}218 16:57:27
1A13/2014 05:25:23 Page 1 of 1
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times ond Location with OCA's
furisdiction' vERNoN
First Date: 12rt3n014
Last Date: 12t13t20'14
Call Number Disp Ten
Code
Received
Complaint
Caller
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20141221617
RPT 1211312014 07:17:33
GTAR
Unil
STEEL SERVICES STORAGE
5025 E SLAUSON AV. VERNON
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DeDsrtment
VPD
07:21:53 07:38:16
07:26:34 07:32:26
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cAo197300
OCA Number
cR20142198
VPD
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OCA Number
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VPD VILLEGAS.RICHA-2L12
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Last Date: 1alst2o14
Call Number Disp Ten
Code
Received
Complaint
Caller
Address Unit Time
20141221736
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20141221738
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OCA Number
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T-MOBTLE (877) 653-791 1
5333 DOWNEY RD, VERNON
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VPD HERNANDEZ,EDV2L9
31OO E 44TH. VERNON
VILLEGAS,RICHA-2L10
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12/16/2014 02:04:0!
15:17:36
Page
16:55:37
RECEi\/ED
DEC 3 0 2014
CITY CLERK'S OFFICE
RECEIVED
DEC 2 3 2014
CITY ADMINISTRATION
I
Mw /thl-
STAFF REPORT
VERNON POLICE DEPARTMENT
DATE:
TO:
FROM:
RE:
January 6, 2015
Honorable Mayor nci!
Danie! Calleros, W
Drug Enforceme tion Agreement
Recommendation
It is recommended that the City Council:
1. Find that the proposed agreement with the Drug Enforcement Administration for
continued participation in the Southwest Border lnitiative (SWBI) taskforce as
detailed in this staff report is exempt under the California Environmental Quality Act
(CEOA). ln accordance with Section 15061(b) (3), the general rule is that CEQA
only applies to projects that may have an effect on the environment.
2. Authorize the Police Chief to execute an agreement with the Drug Enforcement
Administration (DEA), in substantially the same form as submitted herewith, for
continued participation in the Southwest Border lnitiative (SWBI) taskforce.
Backqround
Since 2008, the Vernon Police Department (VPD) has dedicated one Detective to
participate in the SWBI narcotics investigation taskforce. The goal of the SWBI
narcotics taskforce is to disrupt illicit drug traffic in the region by immobilizing targeted
violators and trafficking organizations, and gather and report intelligence data relating to
narcotics trafficking and dangerous drugs.
On August 19,2014, City Council approved execution of the current annual agreement
with the DEA. ln December 2014, the Detective assigned to this taskforce completed
his period of assignment and was re-assigned to the VPD Patrol Division. A new
Detective has been selected and assigned to this taskforce for a period of three (3)
years. Because of this change, the VPD must execute an amended annual agreement
with the DEA to reflect this change in personnel. All other material terms of the
agreement remain the same.
Fiscal lmpact
There is no fiscal impact by the approval of the SWBI taskforce agreement.
Enclosures
STATE AND LOCAL TASK FORCE AGREEMENT
BETWEEN
THE DRUG ENFORCEMENT ADMINISTRATION
LOS ANGELES FIELD DIVISION
AND
THE VERNON POLICE DEPARTMENT
This agreement is made this l lth day of January,2Ol5, between the United States Department of
Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Vernon Police
Department (hereinafter "VPD"). The DEA is authorized to enter into this cooperative
agreement concerning the use and abuse of controlled substances under the provisions of 21
u.s.c. $ 873.
WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Los
Angeles County area and that such illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of, the parties hereto agree to the following:
1. HIDTA 41 Task Force will perform the activities and duties described below:
a. disrupt the illicit drug traffic in the area by immobilizing targeted violators and trafficking
organizations;
b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs;
and
c. conduct undercover operations where appropriate and engage in other traditional methods
of investigation in order that the Task Force's activities will result in effective prosecution before
the courts of the United States and the State of Califomia.
2. To accomplish the objectives of HIDTA 4lTask Force, the VPD agrees to detail one
experienced officer to HIDTA 41 Task Force for a period of not less than two years. During this
period of assignment, the VPD officer will be under the direct supervision and control of DEA
supervisory personnel assigned to the Task Force.
3. The VPD officer assigned to the Task Force shall adhere to DEA policies and procedures.
Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task
Force.
4. The VPD officer assigned to the Task Force shall be deputized as Task Force Officers of DEA
pursuant to 21 U.S.C. Section 878.
5. To accomplish the objectives of HIDTA 41 Task Force, DEA will assign (10) Special Agents
to the Task Force. DEA will also, subject to the availability of annually appropriated funds or
any continuing resolution thereof, provide necessary funds and equipment to support the
activities of the DEA Special Agents and officers assigned to the Task Force. This support will
include: office space, office supplies, travel funds, funds for the purchase of evidence and
information, investigative equipment, training, and other support items.
6. The VPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all
requirements imposed by or pursuant to the regulations of the United States Department of
Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I.
7. The term of this agreement shall be effective from the date in paragraph number one until
September 30,2015. This agreement may be terminated by either party on thirty days' advance
written notice. Billing for all outstanding obligations must be received by DEA within 90 days
of the date of termination of this agreement. DEA will be responsible only for obligations
incurred by VPD during the term of this agreement.
For the Drug Enforcement Administration:
Date:
Anthony D. Williams
Special Agent in Charge
For the Vernon Police Department:
Date:
Daniel Calleros
Chief of Police
ATTACHMENTS:
(1). OJP Form 406ll6 (3-91): Certifications Regarding Lobbying; Debarment, Suspensions and
Other Responsibility Matters; and Drug Free Workplace Requirements
(2). Roster of Local, State, or Federal Agency Personnel Assigned to the United States Drug
Enforcement, Los Angeles Field Division, Southwest Border Group Two Task Force
OJP FORM,106116 (!9i) REPI,ACES OIP FO,RilS.0OOl2, il62r3ArtlD &6t/l WHICHARE O8SOLETE.
U.S. DEPARTUENT OF JUSTICE
OFFICE OF JUSTICE PROGRAUS
OFFICE OF THE COTPTROLLER
CERTIF]CATIONS REGARDING LOBBYING; DEBARMET{T, SUSPENSION AND
OTHER RESPONSIBILITY IIATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicant8 should refer to the rcguhtlon! citsd betow b deternine tre certifrcation to s'hidt they are required trc
atbst. Appli5nts should also rcvlew tho instrucliong br certificatiqn includcd in the rcgulations before completing lhis
frorn. Signature of this brm providcs&r compllance wltlr certifrcation raquircmenB under 28 CFR Part 69, "Neur
Rcstictions on Lobbying' and 2E CFR Part 67, "Government-ryids Dapsrtn€nt and &rspension (Nonprocurement) and
Government-wide Rcquirementsiol Drug-Frlc f Jorkpbco (Grrnt!)." The ccrlifications shafl be feated as a mde]ial
represantat'ron of fact upon rcliencc will be placad whcn thc Departmcnt ol Just'lca dGlcnnines to atnrd thc
coverad transaclion, grant or coopGrativo agreamcnt.
2. DEBARtrEIIT. SUSPENSI(X. AND OTHER
RESFONSIBIUTY TATTERS
(DTRECT RECIPTE!{TI
Ar raouir.d '12!19. Dcbenn.rt lndSuserton. CFR Pn 67, br.PIo.PSctir,.'oarlicioi itnlrdion0, a! dafncd at
28 CFR Part
A. Tlre applrcrnt eilllh! thlt it tnd il! princbtls:
oublic under EbublE rnlihu.tiEruo foqqry,brtrr) ng t8lse
rlaEm
orwir€ slminallv or(Fedonl, St8te,- or
niec enuheratcd in
(d) Heve not within a lhrec'vcar Dcnod DEccdinc hB applico'
toh h.d one o( mor€ public u.hsecliohr (Fediral. State. or
locll) ErmlnrLd for caui or clrfault aod
B. whcrg lhc roolicant ia unable to cpriifv lo any of lhc
*etamants in thid crrlification. hc or rhe-sttrll dach an
cxptsnrtion to thir epplicetion.
As mouind bv ttre ttruo-Fr€o Wor*Dllca Act ol 1908. rnd
5:Bm"g,'o# 6P *"tAITr uL&""|#tIi8'
ll'on B?1 fl
A. The aDollcant ccrtfre3 that lt w'lll or wlll contlnue lo plovldc
r dnpfreb'uottplsce by :
othcr then
be eai, t.
nce an olf
u|at he
applica-
againsl
@nneo
(D) EdablBhanC .n. on3olne drug-free awar€ns3s
anform employccl Sooul-
('l ) The dangee ot drugr rbusc in tha *ortplacc;
(2) The grentoo'r policy of meintaining e drug-frcc workplaca;
(3) Any rvaihble drug aoun!.ling, rchabilitetion, and cmployee
laalEtanog proonamu lm
(4) Thc Dcnoltics tlral mav be imposcd upon crnployecs for
ddg rfuin viohdonr occuriing in tha mikDlac.;
each rmDloYEe b ba gnEaoed
b€ g[veri a'coPy ol lhc italF
{d) Notitoino th. €rnDlovaa in trc ltrtem€nt required .!ypdrrno1l Ia) lhd. to j @ndnio.l of cmploymcdt unoer tnc
br.n( tho cmployec wtl}
or rganc);
funds hrtrc
or rt-
(t) At*lo by t,tc bmr olttlo 3tabmrnt; and
l2l hit or h{ convidior for !iirt ocoJlrlig ln tho wo.lpLc.no 3udr cDiviclion:
ln T.kino onr ol tl. bllo,rino !dioc!. wifin 30 ctbMer
d6yr ol -Iroclvin! nolict uodar tubp:Egraph (dX2), wlth
rctpeci io 8ny employea wfio is to conucltd-
tll TCdno tnimpioyel osrcquEman or
lo| Makino a oood ,ailh eflo b corllnu€ to rnaintain E druo-
Itr(ii:i$#;ffi*h ittDl'rncntstion or Dsasrapr€ (')' (b)'
Chad( E it thcr! Brr wo*plsa! on llL lh.t srr not id€nlilisdlEt-
I o qrlnlcr lhrt
in r-.clr Frdgrsl
gEIn,Bit8g
cn€* :l il ihe sl,.tc hE3 slrcisd b oompieb oJP For raBln'
DRUG.FREE WORI(PI.A,CE
(GRANTEES WHO ARE TNDTVTDUALS)
B. ThG oranbe mav lnlad h the soaca orovilad balow the!'b{r} fbi dta orr{biminaa of work-dona'h connacdon wlh
th3 iti.cifiE gr.,ii:
Pllc! ol Partumrnca
coda)
(SlrEi !dd.!!s, cjty, country, ri!t!, zip
Ar lE dlry rulhori2ld rupGa.nhlivc ot the lpplcant, I heBby €dity th.t thB lpdicanl will coDply wth hc lbove clrlifcalo,t!.
1. GlanEr Nrru and Add|l3!:
Vernon Police Department
4305 S. Santa Fe Avenue
Vernon. CA 90058
2. ADgllcation NumDar andor Proj8ct N8m.3 Granl€a lRsruGndo. Numb.r
4, Trp€d Nrms stld Tilla otAufiorir.d R.pr6.nt{i!.
Chief Daniel Calleros
5, Shnsturr 6 oaie
ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL
ASSIGNED TO THE DEA TASK FORCE
NAME OF AGENCY: DEA / Enforcement Group 10 Task Force
1. Amador Martinez
2. James Deleo
3. Craig Wiggins
4. Rob Walts
5. JeffGunter
6. Wes Bedford
7. Warren Tang
8. Shane Martineau
9. Jesse Odum
10. Ajay Patel
I l. Frank Panza
12. Jeremy Cross
DEA
DEA
DEA
DEA
DEA
DEA
DEA
DEA
DEA
DEA
SIMI VALLEY POLICE DEPARTMENT
VERNON POLICE DEPARTMENT
REGEI\fl D
DEC 3 0 2014
CW CLERKSOFFICE
STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
January 6,2015
Honorable Mayor and City Council
Mark C. Whitworth, City Administrator Uv{ /Lbt
Appointment to the Vacant Real Estate Seat on the Vernon Business and
Industry Commission
Recommendations
lt is recommended that the City Council:
l) Find that the appointment of individuals to serve on the Vernon Business and Industry
Commission is exempt under the California Environmental Quality Act (CEQA) in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment.
2) Appoint one individual to fill the vacant Real Estate seat on the Vernon Business and
Industry Commission.
Background
On December l, 2014, John McMillan informed City staff that after much careful thought and
consideration, he needed to withdraw from the Vemon Business and Industry Commission
("Commission"). Due to Mr. McMillan's resignation, one of the two Real Estate seats on the
Commission is vacant and needs to be filled. The term for this seat expires June 30, 2016.
Pursuant to Section 2.177 of the Vernon Municipal Code, within thirty (30) days after the position
becomes vacant, the Mayor is required to select for ratification by a majority of the City Council, a
successor with the requisite qualifications to serye the unexpired term. However, pursuant to
Govemment Code Section 54974, a final appointment to the commission shall not be made for at
least 10 working days after the posting of the notice in the City Clerk's office. In order to comply
with the requirements of Government Code Section 54974, the final appointment for the vacant
Real Estate Seat on the Commission is being made at the earliest scheduled Council meeting
following the aforementioned posting period.
The names of the remaining applicants for the Real Estate category are outlined below and each
person's completed application is included in Attachment A.
In addition to reviewing the applications received, an interview panel consisting of the Mayor,
Director of Public Works, Water and Development Services, and Economic Development Manager
conducted brief interviews with all applicants for the Business and Real Estate seats. A brief
summary of each of the Real Estate Representative interviews is included in Attachment B.
"Real Estate Representative" Applicants (Attachment A)
l. Jack R. Cline, Lee & Associates
2. Ken Jackson, Camfield Partners, LLC
3. Paul Sablock, Jones Lang LaSalle
4. Jack Whalen, Heger Industrial
5. Philip "Ted" Attalla, NAI Capital, Inc.
The City Council must appoint one member from this list of applicants.
Vernon Chamber of Commerce Recommendat!@
By letter dated August ll, 2014, the Vernon Chamber of Commerce provided its candidate
recommendations to the City.
Fiscal Impact
There is no cost associated with the appointment of a member to the Vernon Business and Industry
Commission.
Attachments
Attachment A
Real Estate Representative Applications
Appointing Category (please circle one): Business Labor
Name: Syrk R Llb. 6I
Business Name: Lr.- + A+so r,.,,l-i:
Title: 5"- V .?-
Oualifications and Reasons for lnterest in Serving on the Commission (attach additional sheet if
necessary):
RECEIVED
JUL 2 E 20lrr
TY ADMINISIRATION
4305 Santa Fe Avenue, Vemon, California 90058
1'elephone (323) 583-88 1 I
VERNON BUSINESS AND INDUSTRY GOMMISSION
Prospective Gommission Member lnterest Form
July 21, 2014
,^,
So CtL,+kr- I
NOTE: By
Ct,e { t:'u- lo->+ 3l ve^rs , f ht,,{- atsts+c/ ( los, lo
a.
"', Alnsl c.oa t^ ic Q-aq,,.ae br alil
t the requirements of the appoiflting category
O11 rolq
you affirm
have indicated.
Signature;
NOTEi
Mail form to:City AdministratoCs Oftice, 4305 Santa Fe Avenue, Vernon, CA 90058 -Attn: Kristen Enomoto.
Emailform to: kenomot@cl.vernon.ca.us.
City of Vernon, ,1305 Santa Fe Avenue, Vernon, California 90058 - Telephone (323) 58$8811
RECEIVED
JUL 2 I 20ltt
CITY ADMINISTRATION
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 58.1€81 1
VERNON BUSINESS AND INDUSTRY COMMISSION
Prospectlve Commiseion Member lnterest Form
July 21,2O14
Appointing CBtBgory (plegse circle one): Busineea Labor
Name:
Busin6ss
Title:
Qualificstions and ReaBons for lnterest in Servlng on the Commission (attach additional sheet if
necessary):
./- .'
/eca/,)a ,,.12,/
'r"rno, l€alj,
NOTE:
i, '.4 d, ,
signing below. you af6rm th8t you meBt the rcquiremsnB ol thc appolntlng cataEory you
have indlcated.
signature:
NOTE:
)/
Mell ,orm to:
Emall form to:
Ctty Admlnlaoator'r Ottlco, 4305 stntr F. av.nlrc,,v.rnon, CA 90058 -
Atin: KrlBtcn Enomoto.
kenomoto@ci,vornon.ca.u8.
c{o
City o( Vernon. 4305 Santa Fe Avenue, Vernon, Callfornia 90058 - Telephone 823) 583.8811
of,
RECEIVED
JUL 2I 20Ir
CITY ADMINISTRATION
4305 Santa Fe Averue, Vemon, Califomia 9([58
Telephone (323) 583881'l
VERNON BUSINESS AND INDUSTRY COMMISSION
Prospectlve Gommlaslon Member lnterest Form
July 21,2014
Labor
Qualifications and Reaaong for lnt€llsl in Serving on the Commlssion (atiach additional sheel il
nccascary):
NOTE: By aflrm lhat you mrcl hc rcqulr€menta of the eppolntlng oatogory you
have indi
Signatur€:
NOTE: Plee.e submlt comDleted lorm bv ilondev. Auourt l'1. 2014..t 6:30 D.m.
Hall foEn to:Clty Admlnl.tr.to/. O{lIc!, .fi106 S.ntr Fe Avenue, Vemon, CA 90058 -
Alin: Kd.trn Enonoto.
Emrlliormlo: kcnomo@ol,v.mon.cl.ua,
City of Vemo& 4L1105 Srnta Be Avenue, Vemon, California 90(88 - Telephone Pa3) 58it481 I
Euginess Name:
l'0"4*
IAV a* tBta4r'h"ilh + ur^--? W
RECEIVED
JUL 3 0 20ltr
CITY ADMINISTRATION
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-881 1
VERNON BUSINESS AND INDUSTRY COMMISSION
Prospective Commission Member lnterest Form
July 21, 2014
Appointing Category (please circle one): Business
Name; )fO l-tu)
Business Name; tlfd ,-Z t N t\ nr fu, t
Qualifications and Reasons for lnterest in Serving on the Commission (attach additional sheet if
necessary):
'd utloavr-/tv C oC l/trztoM 6
h)ttu t -ts 7-MIV ,-ft/+rz, *t
r &wCr---S -SO ADu" u
"t i,, ac aJ
NOTE; By signing below,
have indicated.
that you meet the requiremente of the appointlng category you
NOTE:
ilall form to: City Adminigtrator's Office,4305 Santa Fe Avenue, Vernon, CA 90058 -Attn: Kristen Enomoto.
Emallfom to: kenomoto@ci.vernon.ca.u8.
City of VernoD 4305 Santa Fe Avenue, Vemon, California 90058 - Telephone (323) 583-8811
7
RECEIVED
AW I t 20ttt
CITY ADMINISIRAIIOfl
,1305 Santa Fc Avenue, Vemon, California 90058
Telephone (323) 5E3-881 I
VERNON BUSINESS AND INDUSTRY COMMISSION
Prospective Commission Member lnterest Form
July 21,2014
Appointing Category (plaase circle one):Business Labor
. Philiu "Ted" AttallaName:
Business Nams: NAI Copitol, Inc,
Tifle: SeniorV.P/lndustrialManager
Qualiflcatlons and RBasons for lnterest ln Serving on lhe CommiBdon (attach addltional sheet if
necessary):
Plcasc scc attached lcttcr with Qualilicalions and Rcason of lnterest
NOTE: By slgnlng below, you affirm that you meet th6 requirements of the appointing category you
have indicated.
Signature:
NOTE:
Mall form to:Clty Adminl3trator's Offlce,4305 Santa Fo Avenue, Vernon, CA 80058 -Attni Krlsten Enomoto.
Emellformto: k.nomoto@cl.yernon.ca.u8.
Clly of Vemon, 4gl5 S0ntE Fe Avcnue, Vcmon. Calllomia 9{X}58 - Telephonc (323) 583€811
I Capital
Comm8ltil RBal Eslat€ S€.vic€E Wb.ldMd€.
323 20t 3800
lax 323 201-3636
www.naicaoilal.corn
500 Cltadel D,ive.
Suito t00
Los Angel€s CA 9C0
August 11, 2014
Attn: Ms. Kristen Enomoto
Clty of Vernon
Buslneis and lndustry commlsslon
4305 Santa Fc Avenue
Vernon, callfornia 9005E
VIa E-mrll Tran3mlttal: ll !trgl9@i!yg4!&@,!
RE: INTEREST lN BECOMING A PERSPECTIVE COMMISSION MEMBER
Dear Selectlon Commltteei
I thank you for the opportunlty to submlt my qualirications to apply and serve on the Vernon Buslnest and lndustry
commis5ion.
As an tndustrial Real Estate Broker working in the Gty of Vernon for over 25 years, I can confidently state that the
Vernon community has been my home and my prlmary focus throughout my real estate caree.. Having completed
rransactlons in over 29 states I can honestly say that the City of Vernon is the best place to do business not only in rhc
State ol Callfornia but within the Unltcd States. My in.depth real cstate transactions within the Cty o, Vemon have
given mc a thorough knowledge of all issues which affcct realestate concerns which may apply to any transaction
which lncludc a comprchenslve understandine of the zoniog, permlttlng, redevclopment, chante of use, business
llcense, property constralnts to development and lnfrastructule lncludlng tltle and envlronmerlal is5ues for all real
estate transactions. Our cllents lnclude Prel€ned Freezer, Sweetencr Products, Reynaldo's Mexlcan toods, Passport
Foods, The Vernon Chamber of Commerce, and the Cty of Vernon lBelf ln h€lplng to assemble approxlmately 29
mlllion dollars of lndustrlal property wlthln the redevclopment area qf the cltY of vernon.
Besides belng a member and a Past Presldent of the Vernon Rotary club for over 23 years I have also been an acdve
Eoard Member of the Vernon Chamber ol Commerce ,or over 12 years recelvln8 the Chalrman's Award for outstandlng
seMce durlng 2013. lt ls my love and respect for rhls fsntasrlc clty and communlty ln whlch I work that I feelcompelled
to contlnue to serve and apply for thls hponant posltlon whlch wlll help to grow end str€ngth€n th€ Clty ofVernon.
Slncerelv,
NAt CAPtTAtT INC
fubz.w
Phlllp I. Att.lh
senlor vlcc Pr ldlnv lnduitrlrl Msrrr8or
Buld on tho porrsr ol or lrd'aarl. r! ovar 300 olflccl worldwldG. !,r'arw.n!lc!pllal.com
Attachment B
Real Estate Representative Interview Summaries
Summary of lnterviews with Real Estate Representative Applicants
October 2014
'1. Jack R. Cline. Lee & Associates
Mr. Cline has significant interest in assisting with City marketing/re-marketing efforts
He is a strong proponent of continued government transparency, which he believes
translates into stability and certainty for business owners.
2 Ken Jackson. Camfield Partners, LLC
Mr. Jackson endorses the City's continued good governance efforts and
complimented the City on its consistency in addressing zoning issues. He indicated
a need for the City to improve its marketing efforts and environmentaljustice
awareness.
3. Paul Sablock. Jones Lano Lasalle
Mr. Sablock offers an extensive historical perspective and would like to see the City
continue to be successful. He believes the City can improve its marketing efforts
and provide greater clarity with regard to the application of the parcel taxes. He also
emphasized the importance of maintaining competitive utility rates.
4. Jack Whalen. Heoer lndustrial
Mr. Whalen is a former CPA who offers assistance in compiling relevant statistical
data. He believes the City should focus on increasing development activities,
addressing environmental concerns, and evaluating wage issues.
5. Philip "Ted" Attalla. NAI Capital, lnc.
Mr. Attalla holds strong to the belief that Vemon is the best place to do business in
the United States. He is an active member of the Board of Directors of the Vernon
Chamber of Commerce and past President ofthe Vernon Rotary Club. He would
like to assist the City in improving its image, recruiting heavy electricity users, and
shielding itself from unwarranted negative attention.
Attachment C
Vernon Chamber of Commerce Recommendations
VERN+N
CHAMBER OF COMMERCE
Educate . Advocale . Eng.ge
OFFICERS
ERIC GUSTAFSON
Cha' man of lhe Boerd
JULIET GOFF
Vice Chah
JIM BOLTINGHOUSE
Vice ChairlFinance
LISETTE GAVINA-LOPEZ
Vice Chair
GREG LONGSTREET
Vice Chait
JOHN MANIATAKIS
Vice Chait
DOUG PIITMAN
Vice Chah
MARISA OLGUIN
tuesidenl/CEO
DIRECTORS
JIM ANDREOLI, JR
Baker Comnodities. lnc.
PHILIP ATTALLA
NAI Capilal
JIM BOLTINGHOUSE
Sweelenet Prcducls
HOWARO CHOI
Neptune Foods
PETER CORSELLI
U.S- Growers Cold Slorage
PETER DRAKE
Bank ol AnErica Merrill Lynch
CLARE EMERSON
Ai Producls t Chemicals
STEVE FREED
Mt. Vemon lndustrial, lnc.
LISETTE GAVINA
E Gaviia & Sons
JULIET GOFF
Ka, Plaslics
ERIC GUSTAFSON
Coast Packing Conpany
GLENN KRISKE
Walters Wholesale Elecl ilc
PETER LEPE
Prclerred Frcezer
GREG LONGSTREET
Farner John Meals, LLC
JOHN MANIATAKIS
AM B P rope rly Cor po r ali on
ROB MOECK
Douglas Steel Supply
ROSE NORDBROCK
Hays Companies
JOHN NORTON
All Amuicen Manulacluring
DOUG PIMMAN
OwensJllinois
TOM STALBERGER
Steilcycle, lnc.
3801 S SANTA FE AVENUE
VERNoN, CA 90058
P 323 583 331 3
F 323 583 0704
uuu.YelnoncitnDer.o rg
August L1-,20t4
Vernon City Council
Mayor Mike McCormick
Mayor ProTempore Bill Davis
Councilman Rick Maisano
Councilwoman Luz Martinez
Councilman Mike Ybarra
The Vernon Chamber is pleased to recommend the following candidates to the Vernon
Business & lndustry Commission for consideration. All have previously either serued on
a City Commission, AdHoc Committee and/or have participated in the City's budget and
healthy governance reform discussions. We have found all individuals to be well
acquainted with the economic opportunities and challenges facing the City of Vernon
and its business community. Each individual would make a valuable contribution to the
Commission if selected.
The Vernon Chambe/s top candidates are:
From Vernon Business
Doug Pittman, Owens lllinois
Peter Corselli, U.S. Growers Cold Storage
Eric Gustafson, Coast Packing
Bill Fraser, PABCO Paper
From Real Estate / Develooment
Jack Cline, Lee & Associates
Phillip "Ted" Attalla, NAI Capital
Reid Delphey, Delphey/Gerdes
Ken Jackson, Camfield Partners
From tabor
Stan Stosel, IBEW
RECEIVED
DEC 3 0 2014
CWCLERKSOFFICE
RECEIVED
DEC 2 3 20tt
CITY ADMINISTRATIONSTAFF REPORT
City Clerk Department
DATE:
TO:
FROM:
RE:
January 6,2015
Honorable Mayor and City Council
Ana Barcia, Deputy City Clerk (/
Approval of a resolution providing Ballot
voters of the City as part of the General
April 14,2015.
Measures to be submitted to the
Municipal Election to be held on
Recommendation
It is recommended that the City Council:
1. Find that approval of the Resolutions is exempt under the California Environmental
Quality Act ("CEQA") in accordance with Section 15061(bX3), 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 attached resolution providing ballot measures to the voters of the City as
part of the general municipal election to be held on April 14,2015.
Background
On November 18, 2014, the City Council approved Resolution No. 2014-69 calling and giving
notice of the all-mail ballot general municipal election to be held on Tuesday, April 14,2015, for
the election of one member of the City Council for the full term of five years.
In addition to the election of one official, as part of the election, the following ballot measures
are being proposed to the voters; if approved by the electorate, the proposed measure(s) will
amend the Vernon City Charter:
Measure N:
Shall Chapter 3.3 of Article III of the Vemon City Charter be amended to I Yes/No
include a cap of one (1) current/active City employee to hold office as a
member of the City of Vernon City Council?
Measure O:
Shall Chapter 3.7 of Article III of the Vernon City Charter be amended to
clarify that the candidate(s) with the next subsequent highest number of votes
in an election with multiple seats, shall be elected to fill the unexpired term or
terms after all full terms of office are hlled by candidate(s) who have received
a higher number of votes?
Yes/No
Measure P:
Shall Chapter 7.4 of Article VII of the Vernon City Charter be amended to
allow the City Council to fix the duties, tenure and compensation of officers
means it deems
Analvsis:
Measure N: Places a cap for current/active City employee to hold office as a member of the City
of Vernon City Council.
The proposed will amend Chapter 3.3 of the Vemon City Charter and limit the number of
employees which can simultaneously hold office as a member of the City Council and be
employed by the City of Vernon. This will minimize the potential for a conflict of interest and
allows for a quorum of the City Council, should an item restrict such an individual from
participating in any deliberation or action on a proposed item.
Measure O: This shall clarify that the candidate(s) with the next subsequent highest number of
votes in an election with multiple seats, shall be elected to fill the unexpired term or terms after
all the full terms have been filled by candidates who have received a higher number of votes.
The proposed will amend Chapter 3.7 of the Vernon City Charter. This is an administrative
clean-up item; the current Charter language implies that the candidate with the lowest number of
votes is elected to the unexpired term which is not the intent of the provision. This was brought
to the attention of the City Council by Independent reform Monitor John Van de Kamp. The
proposed will address Mr. Van de Kamp's concerns, clarify the provision and avoid
misinterpretation.
Measure P: This shall allow the City Council to fix the duties, tenure and compensation of
officers by any means it deems appropriate.
The proposed will amend Chapter 7 .4 of the Vernon City Charter. This is an administrative
revision, as Council is currently limited to fix duties, tenure, and compensation by ordinance
only. Ordinances are not always the most efficient or appropriate vehicle; the proposed measure
will provide Council the flexibility, for example, to fix the duties, tenure and compensation of
offrcers, via ordinance, resolution or minute order.
Fiscal Impact:
Sufficient funds have been budgeted; additional election cost are estimated to be approximately
$2,000 to $3,000 as the proposed measures will increase translation and printing costs bared by
the City.
RESOI-,UTION NO.
A RESOLUTION OF THE CTTY COUNCIL OF THE CTTY OF
VERNON ORDERING TIIAT MEASURES TO AMEND THE CITY
CHARTER AMENDING C}APTERS 3.3 AND 3 .7 OF ARTICI.,E
rII AND CHAPTER 7.4 OF ARTICLE VTI BE SI'BMITTED TO
THE VOTERS OF THE CITY AT THE APRIL L4, 20L5,
GENERJAI MUNICIPAI ELECTION
WHEREAS, on November 78, 2074, the City Council of the City
of Vernon adopEed Resolution No. 2014-59 calling and giving notice of
an all-maiI ballot general municipal election to be held on Tuesday,
April 14, 20L5, for the election of a certain officer as required by
the provisions of Ehe charter of the City of vernon; and
WHEREAS, the City Council desj-res tso propose to Ehe voters of
the city an amendment to Chapters 3.3 and 3.7 of Article rII and
chapter 7.4 of Article vfl.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: BALLOT UEAST RES.
(a) The City Council does hereby order su.bmitted to the
voters at the April 14, 20f5, municipal election the followinlJ measure:
Measure N:
Shall Chapter 3.3 of Article
III of the Vernon City
Charter be amended to include
a cap of one (l-)
current/active City employee
to hold office as a mem.ber of
the Citsy of vernon citsy
counc i 1?
YES
NO
(b) The text of the proposed amendment to be submitted to
the voters is attached heret.o as Exhibit A and incorporated herein by
reference.
2
(c) the City Council does hereby order submitted to the
vot,ers at the April 14, 20L5, municipal election the following measure:
Measure O:
Sha11 Chapter 3.7 of Article
IIf of lhe Vernon City
Charter be amended to clarify
that the candidate (s) with
the next subsequent highest
number of votes in an
election with multiple seats,
shal1 be elected to fill the
unexpired term or terms after
all fuII terms of office are
fiIIed by candidate (s) who
have received a higher num.ber
of votses?
I I],iD
NO
(d) The tsext of the proposed amendment to be submitted to
the voters is attsached hereto as Exhibit. B and incorporated herein by
reference.
3
votsers at
(e) The city
t.he April L4,
cor.mcil does hereby order
201-5, municipal election
su-bmitted to the
the following measure:
Measure P:
shall Chaptei 7.4 of Article
Vff of the Vernon City
Charter be amended to al1ow
the City Council to fix t.he
dulies, tenure and
compensation of officers by
any means it deems
appropriate ?
YES
NO
(f) The text of Ehe proposed amendment to be submiEted to
t,he voters is attached hereto as Exhibit C and incorporated herein by
reference.
SBCTION 2: EL.ECTION PARTICITITARS.
In all particulars nots recitsed in this Resolutsion, the
election sha1l be held and conductsed as provided by law for holding
municipal electsions. The ballots to be used in tshe election sha1l be
in the form and content required by 1aw.
SECTION 3 : II(PARTIAJ., ANAL.YSIS .
The City Council hereby directs the city clerk to transmit a
copy of each measure to the City Attorney. The city Attorney shalI
prepare an impartial analysis for each measure, if required, Pursuant
to California Elections Code Section 9280.
-4-
SECTION 4: FURNISHING OF AIJIJ NECESSARY SUPPLIES.
The City Clerk is authorized, instructed, and directed to
procure and furnish any and all official baIlots, noti-ces, printed
matter, and all supplies, eqr:ipment, and paraphernalia that may be
necessary to properly and Iawful1y conduct the election.
SECTfON 5: CERTTFICATION OF PASSAGE.
The City C1erk, ot Deputy City C1erk, of the City of Vernon
shal1 certify to the passdg€, approval and adoption of this
resolution, and t,he City C1erk, or Deputy City Clerk, of the City of
Vernon shal1 cause this resolution and the City Clerk's, or Deputy
City Clerk's, certifj-cation to be entered in the File of Resolutions
of the Council of this City.
APPROVED AI{D ADOPTED this 5Eh day of January, 2015.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy City Clerk
ty Attorney
-5
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I,, City Clerk / Deputy City Clerk of Che Citsy
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. _, was duly passed, approved and adopted by the
City Council of the City of vernon at a regular meeting of the City
Council duly held on Tuesday, ilanuary 5, 2015, and Ehereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of January, 2015, at Vernon, California.
City Clerk / Deputy City Clerk
(SEAL)
6
EXI{IBIT A
EXHIBTT A
BAITIJOT MB]A'SITRE A!(EIIDING THE
CIIARTER OF THE CITY OF VERNON
The People of tbe City of Vernon do bereby anend the Charter of
the City of vernon aa followa:
1. Chapter 3.3 of Article IfI of the Charter of the City of
vernon is amended in its entirety to read as follows:
"CII: 3.3 Ellgibtlity.
No person sha1I be eligible to hold the office of
Council member unless he or she has resided in the
City of Vernon and been registered tso vote for at
leasE thirty (30) consecutive calendar days
immediately preceding the date nomination papers are
issued t.o such person by the city C1erk, and remains a
resident and registered vot.er continuously in tshe City
urtil tshe election and tshroughout his or her term as
Councilmember. Only one current/active City empl-oyee
shall simultaneously hold office."
2. The city clerk is directed to certify to Ehe passage of this
charter Amendment and to file it in the office of the secretary
of state forthwith, and to take such oEher actions as are
necessary to give effect to ies passage.
PASSED AIiID ADOPTED BY THE VOTER THIS DAY OF
W. Michael Mccormick, Mayor
ATTEST:
Ana Barcia, Deputy City Clerk
A-1
EXI{IBIT B
EXIIIBIT B
BAI,I.,OT MEJASUR.E AIIEIIDING THE
CHARTER OF THE CITY OF \IERNON
Tbe People of Ehe Clty of veraoD do hereby a.neDd the Charter of
the City of Vernoa as follows:
L. Chapter 3 .7 of Article fII of the Chartser of the City of
Vernon will be added to read as follows:
" CII: 3.7 Vacancy.
The city council shaIl not have the power tso
appoint a Council member under any circumstances.
If any vacancy occurs in the City Council for
whatever reason, the City Council shaIl call a special
election to fill the vacancy. Any person elected t.o
fill a vacancy on tshe City Council sha11 hold office
for the remainder of the term in Ehe absence of death,
removal from office or disqual ification.
If an election occurs at hrhich one or more fuII
terms and one or more unexpired terms are to be
fiIIed, no distinction beEween tshe fuII terms and the
unexpired terms sha1l be made in nominating or voting.
The person or persons elected by the highest number of
votes shal1 be electsed for t.he fuII term or terms and
the person or persons elected with the €eweeE seeesd
subsequent. highest number of votes shall be elected
for the une:<pired term or terms. "
2. The City C1erk is directed to certify to tshe passage of this
Chartser Amendment and to file it in tshe Office of the Secretsary
of State fort.hwith, and to take such other actions as are
necessary to give effect. to its passage.
PASSED AND ADOPTED BY THE VOTER THIS DAY OF
W. Michael Mccormick, Mayor
ATTEST:
Ana Barcia, Deputy City Clerk
B-l_
EXHIBIT C
EXHIBIT C
BALI.,OT MEASI'RE AIIENDING THE
CIIARTER OF TIIE CITY OF \TERNON
The People of the City of Vernon do hereby aJrleDd tbe CharEer of
the City of Veraon as f,oIlowg:
l-. Chapter 7.4 of Article VrI of the Charter of the City of
Vernon is amended in its entirety to read as follows:
"CH: 7.4 Other Officers.
The City Council sha11 provide for such otherofficers as it deems appropriate, and sha11 fix theduties, tenure and compensation of such officers blF
erf+i+anee. "
2. The City Clerk is directed to certify to the passage of this
Charter Amendment and to file it in the office of the Secretaryof SEate forthwith, and to take such other actions as are
necessary to give effect tso its passage.
PASSED AND ADOPTED BY THE VOTER THTS DAY OF
W. Michael Mccormick, Mayor
ATTEST:
Ana Barcia, Deputsy City Clerk
c-1
RECEIVED
DEC 3 0 2014
CITY CLERI('S OFFICE
RECEIVED
DEC 2 2 zot+
CITY ADMINISTRATION
t,rw /r*rSTAFF REPORT
DEPARTMENT OF PUBLIC WORKS, WATER AND
DEVELOPMENT SERVICES
A-6
DATE:
TO:
PREPARED BY:
APPROVED BY:
RE:
January 6,2015
Honorable Mayor and City Council
Scott B. Rigg, Public Works & Water Superintendent t{l-
Samuel Kevin Wifror,,'fi(ector of Pubtic Works, Water and
Development Services
Approval of a Notice Inviting Bids per Contract CS-0525 for the
Purchase of Well Pump Equipment for Production Well No. 19
Recommendation
It is recommended that the City Council:
l. Find that approval of the Notice Inviting Bids, proposed in this staff report, is exempt under
the California Environmental Quality ACT (CEQA) in accordance with Section 15301 (b),
involving existing projects with negligible or no expansion of use beyond that existing at the
lead agency's determination; and
2. Approve the Notice lnviting Bids, per Contract CS-0525 for the Purchase of Well Pump
Equipment for Production Well No. 19, a copy which is attached hereto.
Backqround
The Department of Public Works, Water and Development Services (the "Department") received
a number of water quality inquires in the vicinity of Well No. 19. Subsequent investigations by staff
traced the origin of the water quality inquires back to Well No. 19. The subject well was taken off-line to
allow for an investigation to be performed. [n this pursuit, General Pump Company, [nc., ("General
Purnp") was contracted to remove and disassemble the pump assembly to determine the cause of the
degradation in water quality. At the conclusion of their investigation, General Pump determined that the
column pipe has become detached allowing air to be pumped into the distribution system. The excessive
air in the water resulted in turbid water conditions.
Moreover, General Pump recommended that 400-feet of column pipe and 400-feet of shaft
assembly be removed and replaced with new sections. Additionally, the Department found that it would
be more bost effective to purchase column pipe and shaft assembly directly from suppliers to avoid
markups by typically placed on these type of materials by contractors. As such, staff is seeking approval
of the attached Notice Inviting Bids for the purchase of this equipment.
Fiscal Impact
The estimated cost for this work will range from $70,000.00 to $80,000.00. Funds are available
in the Department's 2014-2015 fiscal year budget to cover the cost associated with this purchase.
City of Vernon
REQUEST FOR BID
FOR THE PURCHASE OF WELL PUMP EQUIPMENT FOR
PRODUCTION WELL NO. 19
DEPARTMENT OF PT'BLIC WORKS, WATER AND DEVELOPMENT
SERVICES
Contract No. CS-0525
Bid Opening Date: February 5,2015
CITY OF VERNON
NOTICE INVITING BIDS
For the Purchase of Well Pump Equipment for Production Well No. 19
Department of Public Works, Water and Development Services
One (1) original and two (2) copies of sealed bids shall be received prior to Thursday, February 5,
2015, at2:00 p.m. by the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058, and
will be open at that time and place. All bids shall be enclosed in sealed envelopes, distinctly
marked "Bid" with the title of the bid and the bidder's name address appearing on the
outside.
Mail sufficiently early or deliver in person before 2:fi) p.m. on the day listed in the Notice
Inviting Bids. Bids must be received in the City Clerk's Oflice before that time. At the bid
opening, the City Clerk's Office shall open bid packages and acknowledge the receipt of Bids.
Once alt bid packages are opened and announced, the Bid Forms will be made available for
public review.
NO LATE BIDS WILL BE ACCEPTED
The bids shall be clearly titled. Copies of the Specifications may be obtained by mail, through the
City of Vernon's website (cityofvernon.org) or in person from the Department of Public Works,
Water and Development Services, 4305 Santa Fe Avenue, Vernon, CA 90058, Telephone No.
(323) 583-8811 ext. 279.
Refer to the specifications for complete details and bidding requirements. The specification and
this notice shall be considered a part of any contract made pursuant thereunder.
2
City of Vernon
Instructions for Bidders
For the Purchase of Well Pump Equipment for Production Well No. 19
Department of Public Works, Water and Development Services
City personnel with whom prospective bidders will coordinate with are:
Scott B. Rigg, Department of Public Works, Water and Development Services, 4305 Santa Fe
Avenue, Vernon, CA 90058 (323) 583-8811ext.279
Pre-Bid Meeting (Mandatory) January 20,2015 at 10:00 a.m.
Bid opening date and time is: February 5,2015 at 2:00 p.m.
Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon,
cA 90058
The bid must be received by the Office of the City Clerk prior to the time set for bid opening. A
bid received by the City Clerk after the time set for the bid opening shall not be considered.
3
TABLE OF CONTENTS
PAGE
NOTICE INV ITING BIDS 2
PART I: REOUIREMENTS AND INSTRUCTIONS TO BIDDERS 5
1.0 General Bid Requirements 5
l.l Bidder Must Make Thorough Investigation 5
t2 Acceptance of Conditions 6
l3 Truth and Accuracy of Representation 6
t.4 Citv Chanses to the Bid Documents 6
l5 Notice Reeardine Disclosure of Contents of Documents 7
1.6 Award of Bid and Determination of Responsibility 7
1.7 Inelieibility to Contract 8
1.8 Error and Omissions 8
1.9 Patent Fees; Patent, Copyright, Trade Secret and Trademark Fees 8
l.l0 Taxes 8
1.ll Indemnity in the Event of Bid Dispute 8
2.0 Special City Requirements 9
2.1 Livins Waee Ordinance and Prevailine Wase Where Applicable 9
2.2 Equal Employment Opportunity in Contracting 9
2.3 Affidavit of Non-Collusion by Contractor 9
2.4 Local Preferences 9
30 General Specifications 9
3.1 Bid Items l0
3.2 Evaluation of Bid l0
J.J Award of Contract 10
3.4 Duration of Agreement l0
3.5 Sample Labor and Materials Contract l0
3.6 License and Permits l0
3.7 Substitution for Patented and Specified Articles l0
3.8 Exceptions and Exclusions ll
3.9 Liability Insurance ll
PART II: SCOPE OF WORK t2
PART III: SPECIFICATIONS t4
ATTACHMENTS
BIDDER'S CHECKLIST
SIGNATURE PAGE AND LEGAL STATUS
UNIT PRICE BID FORM
AFFIDAV IT OF NON-COLLUS ION
SAMPLE LABOR AND MATERIALS CONTRACT
4
1.0 GENERAL BID REOUIREMENTS
To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must
be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open
and valid for ninety (90) calendar days after the Bid Deadline.
1.1 BIDDER MUST MAKE THOROUGH INVESTIGATION
1. 1. I The Bidder shall examine carefully the site of the Work contemplated and the Drawings and
Specifications. The submission of a Bid will be conclusive evidence that the Bidder has
investigated and is satisfied as to the conditions to be encountered; the character, quality, and
quantities of Work to be performed and materials to be furnished; the difhculties to be
encountered; and the requirements of the Drawings, Specifications, and other Contract Documents.
All Work and costs involved in the safeguarding of the property of others shall be at the expense
of the Bidder to whom the Contract may be awarded.
1. 1.2 The Bidder hereby certifies that he/she has examined the local conditions, has read each and
every clause of the Contract Documents, and that he/she has included all costs necessary to
complete the specified Work in his/her Bid prices, and the Bidder agrees that if he/she is awarded
the Contract he/she will make no claim against the City based upon ignorance of local conditions
or misunderstanding of any of the provisions of the Contract. Should the conditions turn out
otherwise than anticipated by him/her, the Bidder agrees to assume all risks incident thereto.
1.1.3 If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part
of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds
variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit
a written request for an interpretation or correction thereof to the City's representative identified
in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written
requests to the City, not less than ten (10) calendar days prior to the Bid Deadline. The person or
entity submitting the request shall be responsible for its prompt delivery to City's contact person
identified in the Notice Inviting Bids. Any interpretation or correction will be made only by
Addendum issued by the City and a copy of such Addendum will be delivered to all lnterested
Bidders of record. Any Addenda so issued must be acknowledged in the Bid and the cost of
performing Work described in the Addenda shall be included in the Bid. Bidder's failure to
acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person
is authorized to render an oral interpretation or correction of any Bidding Documents and no
Bidder may rely on any such oral interpretation or correction issued by the City. The City shall
not be responsible for any other explanation or interpretation of the Drawings or Specifications, or
for any oral instructions.
I_AND INSTRUCTIONS TO
1.2 ACCEPTANCE OF CONDITIONS
By submitting a bid, each bidder expressly agrees to and accept the following conditions:
1. All parts of the Instructions to Bidders and Specifications will become part of the Contract
between the selected bidder and the City;
2.The City may require whatever evidence is deemed necessary relative to the bidder's financial
stability and ability to complete this project;
3. The City reserves the right to request further information from the bidder, either in writing or
orally, to establish any stated qualihcations;
4. The City reserves the right to solely judge the bidder's representations, and to solely determine
whether the bidder is qualified to undertake the work pursuant to the criteria set forth herein. The
bidder, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as
to whether or not the bidder is qualified to perform the work, shall be final, binding and conclusive;
5. The City reserves the right to reject any and all bids, to award all or any individual part/item of
the bid, and to waive any informalities, irregularities or technical defects in such bids and
determine the lowest responsible bidder, whichever may be in the best interests of the City. No
late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City.
If a successful bidder fails to enter into a contract awarded to them, or if a contract is not
commenced by the Contractor or their surety, the City Council may abandon the matter or may re-
advertise the original bid or a modif,rcation thereof, or may award the contract to the next lowest
responsive and responsible bidder, with the consent of such bidder; and
6. This bidding process does not commit the City to award any contract, and the City is not liable
for any cost incurred by the bidder in the preparation and submission of a bid.
1.3 TRUTH AND ACCURACY OF REPRESENTATION
False, incomplete or unresponsive statements in connection with the bid may be sufficient cause
for rejection of a bidder.
1.4 CITY CHANGES TO THE BID DOCUMENTS
The City reserves the right to change any part of these Instructions to Bidders and Specifications
any time prior to the bid opening. Any changes shall be in the form of addenda and will become
a part of the bid documents and of the contract. Addenda shall be made available to each bidder.
no later than 72 hours prior to the Bid Deadline.
all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. Such addenda will
become a part of the bid documents and of the Contract.
1.5 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENTS
All bids accepted by the City shall become the exclusive property of the City. Upon opening, all
bids accepted by the City shall become a matter of public records and shall be regarded as public,
with the exception of those elements of each bid which are identified by the bidder as business or
trade secrets and plainly marked as "trade secret," "conf,rdential," or "proprietary." Each element
of a bid which a bidder desires not to be considered a public record must be clearly marked as set
forth above, and any blanket statements (i.e., regarding entire pages, documents, or other non-
specihc designations) shall not be sufhcient and shall not bind the City in any way whatsoever. [f
disclosure is required under the California Public Records Act or otherwise by law (despite the
bidder's request for confidentiality), the City shall not in any way be liable or responsible for the
disclosure of any such records or part thereof.
1.6 AWARD OF BID AND DETERMINATION OF RESPONSIBILITY
The contract shall be awarded to the lowest responsive and responsible bidder(s). In determining
whether a bidder is responsible, the following is a sample of some, but not all, of the considerations
that may be taken by the City:
l. The quality of the material or service offered;
2. The ability, capacity and skill of the bidder to perform the contract or provide the material or
services;
3. Whether the bidder can perform the contract or provide the service promptly, or within the time
specified, without delay or interference;
4. The sufficiency of the bidder's financial resources and the effect thereof on the bidder's ability
to perform the contract or provide the material or services;
5. The character, integfity, reputation, judgment, experience and efficiency of the bidder;
6. The quality and timeliness of the bidder's performance, if any, on previous orders or contracts
for the City;
7. Litigation by the bidder on previous orders or contracts with the City; and
7
8. The ability of the bidder to provide future maintenance and service where such maintenance and
service is essential.
1.7 INELIGIBILITY TO CONTRACT
Pursuant to Sections l7l1 J and 1777 .7 of the California Labor Code, any Contractor that has been
found by the State Labor Commissioner to be debarred and in violation of said Labor Code shall
be ineligible to bid on or be awarded a contract for this project. The period of debarment shall be
not less than one year and up to three years as determined pursuant to Section 1777 .1 of the Labor
Code. tn submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible
to bid on this project.
The successful Bidder shall also be prohibited from performing work on this project with a
subcontractor who is ineligible to perform work on a public works project pursuant to Section
t777.1 or 1777.7 of rhe Labor Code. In submitting its bid, the Bidder certifies that it has
investigated the eligibility of each and every subcontractor it intends to use on this project and has
determined that none is ineligible to perform work pursuant to the above provisions of law.
1.8 ERRORS AND OMISSIONS
Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to
Bidders or Specifications. Full instructions will be given if such error or omission is discovered
and timely called to the attention of the City.
1.9 PATENT FEESI PATENT. COPYRIGHT. TRADE SECRET AND TRADEMARK
FEES
Each bidder shall include in the price bid any patent fees, royalties and charges on any patented
article or process to be furnished or used in the prosecution of the Work.
1.10 TAXES
Price bid shall include all federal, state, local, and other taxes.
1.11 INDEMNITY IN THE EVENT OF BID DISPUTE.
In the event of a bid dispute based upon the bidder's submission of this bid and the City's
acceptance of same, the bidder will be required to indemnify, defend and hold harmless at its
expense, including the provision of legal counsel, the City, its agents, employees and ofltcers from
liability, claims, demands, damages and costs if such dispute or action arises solely upon the award
of the bid in compliance with State, Federal and local laws.
8
2.0 SPECIAL CITY REOUIREMENTS
There is a separate packet of forms as part of these specifications that a bidder must complete
to establish compliance with a number of special City of Vernon requirements, including, but
not limited to, Equal Employment in Contracting and Affidavit of Non Collusion. These forms
and their instructions should be considered an integral part of the specihcations and failure to
complete them shall be grounds, in the sole discretion of the City, for rejections of any bidder.
2.1 LIVING WAGE ORDINANCE AND PREVAILING WAGE WHERE APPLICABLE
Contractor, or subcontractor, if any, working on City service contracts of any amount, as to all
employees spending time on City contracts shall comply with the terms and conditions of
Ordinance No. 1187, the City's Living Wage Ordinance. The current living wage provisions are
set forth as part of Exhibit D included in the Attachment Section. Upon request, certified payroll
shall be provided to the City.
2.2 EOUAL EMPLOYMENT OPPORTUNITY IN CONTRACTING
Contractor certifies and represents that during the performance of this Contract, it and any other
parties with whom it may subcontract shall adhere to equal employment opportunity practices to
assure that applicants, employees and recipients of service are treated equally and are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it
will not maintain any segregated facilities. Contractor further agrees to comply with the Equal
Employment Opportunity Practices provisions set forth as part of Exhibit E included in the
Attachment Section.
2.3 AFFIDAVIT OF NON.COLLUSION BY CONTRACTOR
The City requires that each bidder executes and submits to the City with the Bid, the Affidavit of
Non-Collusion included in Attachment No. 4.
2.4LOCAL PREFERENCES
The City of Vernon is committed to promoting the economic health and well-being of its residents.
To this end, contractor agrees to recruit Vernon residents initially and to give them preference, if
all other factors are equal, for any new positions that result from the performance of this contract
and which are performed within the City.
3.0 GENERAL SPECIFICATIONS
The General Specifications as they relate to this work shall be in accordance with the terms and
conditions of the Sample Labor and Materials Contract included in Attachment No. 5.
9
3.1 BID ITEMS
The bidder shall complete the Unit Price Bid Form. The Unit Price Bid Form is included in
Attachment No. 3.
Whenever the name or brand of a manufactured article is used, it is intended to indicate a measure
of quality and utility or a standard. Except in those instances where the product is designated to
match others in use on a particular improvement either completed or in the scope of completion,
the contractor may substitute any other brand or manufacture of equal appearance, quality, and
utility on approval of the City, provided the use of such brand or manufacture involves no
additional cost to the City.
3.2 EVALUATION OF BID
The City of Vernon reserves the right to reject any or all bid or any part thereof, and to waive any
minor technicalities from the specifications. To be considered responsive, bidders must bid on all
items indicated in Attachment No. 3, the Unit Price Bid Form.
3.3 AWARD OF CONTRACT
The contract will be awarded to the responsive and responsible bidder(s) with the lowest total price
(inclusive of all taxes, delivery charges and any other costs to the City).
3.4 DURATION OF AGREEMENT
The terms and conditions of agreements shall be in accordance with the Sample Labor and
Materials Contract included in Attachment No. 5.
3.5 SAMPLE LABOR AND MATERIALS CONTRACT
The successful bidder(s) will be required to enter into a Labor and Materials Contract with the
City. A Sample Labor and Materials Contract is included in Attachment No. 5.
3.6 LICENSE AND PERMITS
Contractor shall obtain and pay for any required business license. For further information, contact
the Finance Department at (323) 583-881 | ext. 270, Monday- Thursday between 7 a.m. and 5:30
p.m.
3.7 SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES
Wherever these Specifications specify any material or process by patent or proprietary name or by
name of manufacturer, such specification is only for the purpose of describing the material or
process desired and shall be deemed to be followed by the words "and/or approved equivalent."
Any bidder may offer in the proposal any material or process that is equivalent in every aspect to
the material or process specified. This statement of alternate unit shall clearly describe the material
or process for which the substitution of alternate and shall provide technical data establishing
equivalency.
3.8 EXCEPTIONS AND EXCLUSIONS
No exceptions and exclusions are permitted. Contractor shall discuss and resolve all questions
with the project engineer prior to bid opening. Any attachment of exceptions, exclusions or
clarifications to the Bid Proposal will be deemed non-responsive.
3.9 LIABLITY INSURANCE
Proof of insurance is not required to be submitted with your bid, but will be required prior to the
City's award of the contract. A copy of the standard is included in Attachment No. 5.
11
PART II SCOPE OF WORK
1. Supply and ship the following materials to the General Pump Company's San Dimas Pump
Repair Facility located at 159. North Acacia Street, San Dimas, CA,9l'173:
o 400'of 3.5" x2.18J5" Oil Lube Tube and Shaft Assembly;
o Twenty-One (21) 2.1875" Shaft Couplings;
o 400' of 12" .406W Schedule 40 Threaded and Couple Oil Lube Butt Column Pipe; and
o Ten (10) 3.5" x 12" Black Widow Rubber Spiders.
1,2
PART III. SPECIFICATIONS - NEW AND UNUSED
l. 3.5" x2.1875" Oil Lube Tube (Steel): A53 Grade A Schedule 80, Bearings (Alloy) C844, and Shaft
Assembly (Steel): Carbon 1045 PFO;
2.2.1875" Shaft Couplings (Steel) Carbon l2l5;
3. 12" .406W Schedule 40 Threaded and Coupled Oil Lube Butt Column Pipe (Steel): A53 Grade B, Import
Prime Pipe, T&C; and
4.3.5" x 12" Black Widow Rubber Spiders.
13
ATTACHMENTS
l. Attachment No. I - Bidder's Checklist
2. Attachment No. 2 - Signature Page, Legal Status, and Acknowledgement of Addenda
3. Attachment No. 3 - Unit Price Bid Form
4. Attachment No. 4 - Affidavit of Non-Collusion
5. Attachment No. 5 - Sample Labor and Materials Contract
1.4
ATTACHMENT NO. 1
BIDDER'S CHECKLIST
TO THE BIDDER:
The following list is provided for the convenience of both you and the City to help eliminate
errors and omissions which may render your bid unacceptable. Please check all appropriate
boxes and submit with your bid.
E ITT^I.CHMENT NO. 1 . BIDDER,S CHECKLIST
E ATTACHMENT NO.2. SIGNATURE PAGE, LEGAL STATUS, AND
ACKNOWLEDGMENT OF ADDENDA
E ATTACHMENT NO.3 . UNIT PRICE BID FORM
E ATTACHMENT NO.4. AFFIDAVIT OF NON.COLLUSION FORM
E ATIRCHMENT NO.5 . SAMPLE LABOR AND MATERIALS CONTRACT
E ^Lttr.cHMENT No.6 - SITE MAP
Bidder must submit ONE ORIGINAL BID AND TWO COPIES.
All bids shall be enclosed in sealed envelopes, distinctly marked 56Bid" with the title of the
bid and the bidder's name address appearing on the outside.
Bids should be addressed to:
Office of the City Clerk
4305 Santa Fe Avenue
Vernon, CA 90058
Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice
Inviting Bids. Bids must be received in the Office of the City Clerk before that time. At
the bid opening, the City Clerk's Office shall open the bid package, acknowledge the
receipt of Unit Price Bid Form from manufacturer/supplier. Once all bid packages are
opened and announced, the Unit Price Bid Forms will be made available for public review.
15
ATTACHMENT NO.2
SIGNATURE PAGE. LEGAL STATUS. AND ACKNOWLEDGEMENT OF
ADDENDA
The Bid shall be signed by an authorized signatory with his/her usual wet ink signature.
An authorized signatory shall be one of the following:
(l) Sole Proprietorship: An individual shall sign.
(2) Partnership (General or Limited): A partner shall sign for a partnership; the
partner shall give the names and addresses of all partners.
(3) Corporation: An officer shall sign for a corporation. The corporate name must
be attested by the corporate seal. The names and titles of the president and all officers of
the corporation who are authorized to sign the Bid Forms must be listed in an
authenticated incumbency certificate signed by the corporate secretary. A signature other
than a corporate officer's will be accepted only if an authenticated incumbency certificate
and corporate resolution conferring signature authority is attached.
(4) Joint Venture: Bidders shall use the appropriate section(s) listed above based
on their applicable situation.
The undersigned certihes that it has read and understands the Scope of Work Bid
Instructions and Sample Contract, and is an official legally authorized to bind hisftrer hrm
and to enter into a contract should the City accept this bid.
Bid by
(Name of Firm)
Legal status of bidder: Please check the appropriate box
Corporation Stateoflncorporation
Partnership List Names
DBA State full name DBA
Other Explain
16
Respectfully submitted:
Signature of Bidder
(Authorized Signature)
Telephone No. ( )
Signed this
(SEAL - if Bid is by a corporation)
City State _ Zip
Fax No.
day of 20t4
ADDENDUM NO. BIDDER'S INITIALS
1.
2.
J.
77
INCUMBENCY CBRTIFICATE
(for Corporations only)
Print legibly the names and title of the president and all officers of the Company who are
authorized to sign the Bid Forms:
PRESIDENT'S AND OFFICERS, NAMES: TITLE:
The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting
Secretary of (the "Comp&trY"), and that, as such,
he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further
certifies that the persons named above are the duly elected, qualified and acting officers of the
Company, holding on the date hereof, the titles and positions set forth opposite their names and
are authorizedto sign the Bid Forms.
IN WITNESS WHEREOF, the undersigned has executed this lncumbency Certificate this
day of ,20-.
Print Secretary's Name
Secretary's Signature
18
ATTACHMENT NO.3
UNIT PRICE BID FORM
FOR THE PURCHASE OF WELL PUMP EQUIPMENT PRODUCTION WELL NO. 19
FOR THE DEPARTMENT OF PUBLIC WORKS, WATER AND DEVELOPMENT
SERVICES
The bid will be awarded to the lowest responsible and responsive bidder based upon the
above quoted prices. The Grand Total Cost shall be inclusive of all fees and taxes.
ITEM
NO.ITEM OUANTITY
UNIT
PRICE
TOTAL
COST
I
Supply 400' of 3.5" x 2.1875" Oil Lube Tube
(Steel). Bearings. and Shaft Assemblv (Steel).LF $
2
Supply Twenty-One (21)2.1875" Steel Shaft
Couolines.LS $
J
Supply 400'of 12" .406W Schedule 40
Threaded and Coupled Oil Lube Butt Column
Pipe (Steel).LF $
4
Supply Ten (10) 3.5" x 12" Black Widow
Rubber Spiders.LS $
5
Ship ltem Nos. I through 4 to General Pump
Company's San Dimas Pump Repair Facility,LS $
GRAND
TOTAL
COST
19
ATTACHMENT NO.4
AFFIDAVIT OF NON.COLLUSION CONTRACTOR
srATE OF CALTFORNIA ISS
couNTY oF LOS ANGELES]
being first duly sworn
deposes and says that he/she is
(lnsert "Sole Owner"- "Partner", "President", "Secretary". or other proper title)
of
(lnsert name of bidder)
who submits herewith to the City or Vernon a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person,
partnership, compan y, association, organization or corporation ;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with
anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any
other bidder or anyone else interested in the proposed contract; and further
That prior to the public opening and reading of proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said
bidder or anyone else would submit a false or sham proposal, or that anyone should refrain
from bidding or withdraw his proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or
conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or
to raise of fix any overhead profit or cost element of this proposal price, or of that of anyone
else;
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the
contents thereof, or divulge information or data relative thereto, to nay corporation,
partnership, company, association, organization, bid depository, or to any member or agent
20
thereof, or to any individual or group of individuals, except the City of Vernon, or to any
person or persons who have a partnership or other financial interest with bidder in his
business.
I certify under penalty of perjury that the above information is correct
By:
21.
Date:
ATTACHMENT NO.5
LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND
IooNTRACTOR'S NAMEI
COVER PAGE
Contractor: [insert name of contracto4
Responsible Principal of Contractor: [insert name, title]
Notice lnformation - Contractor: [insert name of contractor]
[insert street address]
[insert city, state, ziP code]
Attention: [insert name, title]
Phone: [insert Phone numbed
Facsimile: [insert fax number]
Notice lnformation - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: [insert department head]
[insert department head title]
Telephone: (323) 583-881 1 ext. [insert]
Facsimile: [insert fax number]
Commencement Date: [insert commencement date]
Termination Date: [insert termination date], unless extended
pursuant to the Contract
Consideration: Total not to exceed $[insert amount]
(includes all applicable sales tax)
Records Retention Period Three (3) years
22
LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND
[CONTRACTOR'S NAME]
THIS Contract is made between the CITY OF VERNON ('City"), a California charter City
and Calilornia municipal corporation, and lContractor's Name], a [State incorporated in]
corporation ("Contractor'')
The City and Conlractor agree as {ollows:
1.0 Contractor shall furnish all necessary and incidental labor, material, equipment,
transportation and services as described in, and strictly in accordance with, and subject to all
terms and conditions set forth in Specif ications for as more fully
set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit "A"
2.O All work shall be done in a
Works, Water and Development Services
manner satisfactory to the City's Director ol Public
("Directo/'), or the Director's designee, in writing, and
shall be of highest quality with respect to
ln the event Contractor fails to perform satisfactorily the City shall advise
Contractor in writing, and Contractor shall have thirty (30) days to cure such {ailure to
satisfactorily perform. lf Contractor lails to so cure its performance within said 30 days, the City
may, at its option, terminate this Contract for default without further liability, other than payment
to Contractor for work performed satisfactorily prior to the date of termination.
3.0 Contractor shall commence work upon the signing of this contract and shall
perlorm work requested in writing by Director.
4.O ln consideration of satisfactory and timely Performance of requested work, the
City shall pay Contractor as follows:
ln the Jirst three years of this Contract, a grand total amount not to exceed
Dollars ($000,000).
5.0 Concurrently with the execution of this Contract, Contractor shall furnish bonds of
a surety satis{actory to the City, as provided in the specifications and Notice lnviting Bids. The
cost of the bonds shall be paid by Contractor.
6.0 GENERAL TERMS AND CONDITIONS.
6.1 INDEPENDENTCONTRACTOR.
6.1.1 lt is understood that in the performance of the seruices herein
provided for, Contractor shall be, and is, an independent contractor, and is not an agent or
employee of City and shall furnish such services in its own manner and method except as
required by this Contract. Further, Contractor has and shall retain the right to exercise full
control over the employment, direction, compensation and discharge of all persons employed by
Contractor in the performance of the services hereunder. Contractor shall be solely responsible
for, and shall indemnify, defend and save City harmless from all matters relating to the payment
23
of its employees, including compliance with social security, withholding and all other wages,
salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
6.1.2 Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be
considered employees of the City, and that they shall not be entitled to any of the benefits or
rights afforded employees of City, including, but not limited to, sick leave, vacation leave,
holiday pay, Public Employees Retirement System benefits, or health, life, dental, long{erm
disability or workers' compensation insurance benefits.
6.2 CONTRACTOR NOT AGENT. Except as the City may authorize in
writing, Contractor and its subconlractors shall have no authority, express or implied, to act on
behalf of or bind the City in any capacity whatsoever as agents or otherwise.
6.3 OWNERSHIP OF WORK. All reports, drawings, plans, specirications,
computer tapes, disks and printouts, studies, memoranda, computation sheets and other
documents prepared by Contractor in furtherance of the work shall be the sole property of City
and shall be delivered to City whenever requested. Contractor shall keep such documents and
materials on file and available for audit by the City lor at least three (3) years after completion or
earlier termination of this Contract. Contractor may make duplicate copies of such materials
and documents for its own files or for such other purposes as may be authorized in writing by
the City.
6.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without
additional cost to the City. The performance or acceptance of services furnished by Contractor
shall not relieve the Contractor from the obligation to correct subsequently discovered defects,
inaccuracy or incompleteness.
6.5 WAIVER. The City's waiver of any term, condition, breach or default of
this Contract shall not be considered to be a waiver oJ any other term, condition, default or
breach, nor of a subsequent breach of the one waived.
6.6 SUCCESSOBS. This Contract shall inure to the benefit o{, and shall be
binding upon, the parties hereto and their respective heirs, successors ancyor assigns.
6.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract
or any rights hereunder without the prior written consent of the City and approval by the City
Aftorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or
transfer shall be null and void and shall constitute a material breach by the Contractor of its
obligations under this Contract. No assignment shall release the original parties or otherwise
constitute a novation.
6.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal,
State, County and City laws, ordinances, rules and regulations, which are, as amended from
time to time, incorporated herein and applicable to the performance hereot.
6.9 ATTORNEY'S FEES. It any action at law or in equity is brought to
enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable
attorney's tees, costs and necessary disbursements in addition to any other relief to which such
party may be entitled.
7,O INTERPRETATION.
7.1 APPLICABLE LAW. This Contract, and the rights and duties of the
parties hereunder (both procedural and substantive), shall be governed by and construed
according to the laws of the State of California.
7.2 ENTIHE AGREEMENT. This Contract, including any Exhibits attached
hereto, constitutes the entire agreement and understanding between the parties regarding its
subject matter and supersedes all prior or contemporaneous negotiations, representations,
understandings, correspondence, documentation and agreements (wriften or oral).
7.3 WRITTEN AMENDMENT. This Contract may only be changed by written
amendment signed by Contractor and the City Manager or other authorized representative of
the City, subject to any requisite authorization by the City Council. Any oral representations or
modifications concerning this Contract shall be of no force or effect.
7.4 SEVERABILITY. lf any provision in this Contract is held by any court of
competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed
severed {rom this Contract, and the remaining provrsions shall nevertheless continue in full force
and effect as fully as though such invalid, illegal, or unenforceable portion had never been part
of this Contract.
7.5 ORDER OF PRECEDENCE. ln case of conflict between the terms of this
Contract and the terms contained in any document attached as an Exhibit or olherwise
incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's
Specif ications shall control over the Contractor's bid.
7.6 CHOICE OF FORUM. The parties hereby agree that this Contract is to
be enlorced in accordance with the laws of the State of California, is entered into in the City of
Vernon and that all claims or controversies arising out of or related to performance under this
Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a
place to be determined by the rules of the forum.
7.7 DUPLICATE OBIGINALS. There shall be two (2) fully signed copies of
this Contract, each of which shall be deemed an original.
7.8 TIME OF ESSENCE. Time is strictly of the essence of this Contract and
each and every covenant, term and provision hereof.
7.9 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and
warrants to the City that the Contractor has the right, power, legal capacity and authority to
enter into and perform its obligations under this Contract, and its execution of this Contract has
been duly authorized.
7.10 ABBITRATION OF DISPUTES. Any dispute for under $25,000 arising
out of or relating to the negotiation, construction, performance, non-perlormance, breach or any
other aspect of this Contract, shall be settled by binding arbitration in accordance with the
Commercial Rules of the American Arbitration Association at Los Angeles, California and
judgment upon the award rendered by the Arbitrators may be entered in any court having
jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency ol
any claim filed or required to be tiled against the City and reserves the right to conduct full
discovery.
7.11 INDEMNITY.
7.11.1 Contractor agrees to indemnify, hold harmless and delend (even it
the allegations are false, f raudulent or groundless), to the
maximum extent permitted by law, the City, its City Council and
each member thereof, and its officers, employees, commission
members and representatives, from any and all liability, loss, suits,
claims, damages, costs, ,udgments and expenses (including
attorney's fees and costs of litigation) which in whole or in part
result from, or arise out of, or are claimed to result from or to arise
out of:
A. any activity on or use of City's premises or facilities or any
performance under this Contract; or
B. any acts, errors or omissions (including, without limitation,
professional negligence) of Contractor, its employees,
representatives, subcontractors, or agents in connection with
lhe performance of this Contract.
7.11.2 This agreement to indemnify includes, but is not limited to,
personal injury (including death at any time) and property or other
damage (including, but without limitation, contract or tort or patent,
copyright, trade secret or trademark infringement) sustained by
any person or persons (including, but not limited to, companies, or
corporations, Contractor and its employees or agents, and
members of the general public). The sole negligence or willf ul
misconduct of City, its employees or agents other than Contractor
or Contractor's subcontractors are excluded f rom this indemnity
agreement.
7.12 RELEASE. Contractor agrees to release and covenants not to sue the
City, its City Council and each member thereol, and its officers, employees, commission
members and representatives for any damage or injury (including death) to itself, its otficers,
employees, agents and independent contractors damaged or claiming to be damaged from any
performance under this Contract.
7.13 INSURANCE. Conkactor shall, at its own expense, procure and maintain
policies of insurance of the types and in the amounts set forth below, for the duration of the
Contract, including any extensions lhereto. The policies shall state that they afford primary
coverage.
7.13.1 Automobile Liability with minimum limits of at least
$100,000/300,000/50,000 if written on a personal automobile
liability form, for using a personal vehicle; or an amount of
$500,000 including owned, hired, and non-owned liability
coverage if written on a Commercial automobile liability form.
7.13.2 General Liability with minimum limits of at least $1,000,000
combined single limits written on an lnsurance Services Office
(lSO) Comprehensive General Liability "occurrence" form or its
equivalent for coverage on an occurrence basis.
Premises/Operations and Personal lnjury coverage is required.
The City of Vernon, its directors, commissioners, officers,
employees, agents and volunteers must be endorsed on the policy
as additional insureds as respecls liability arising out of the
Contractor's performance of this Contract.
A. lf Contractor employs other contractors as part of the
services rendered, Contractor's Protective Coverage is
required. Contractor may include all subcontractors as
insureds under its own policy or shall furnish separate
insurance lor each subcontractor, meeting the
requirements set forth herein.
B. Blanket Contractual Coverage.
C. Productsr/Completed Operations coverage.
7.13.3 Contractor shall comply with the applicable sections of the
California Labor Code concerning workers' compensation for
injuries on the iob. Compliance is accomplished in one of the
following manners:
A. Provide copy of permissive self-insurance certificate
approved by the State of California; or
B. Secure and maintain in force a policy of workers'
compensation insurance with statutory limits and
Employer's Liability lnsurance with a minimal limit of
$1,000,000 per accident. The policy shall be endorsed to
27
waive all rights ol subrogation against City, its directors,
commissioners, off icers, employees, and volunteers for
losses arising f rom pedormance of this Contract; or
C. Provide a "waiver" form certifying that no employees
subiect to the Labor Code's Workers' Compensation
provision will be used in performance ol this Contract.
7.13.4 Each insurance policy included in this clause shall be endorsed to
state that coverage shall not be cancelled except alter thirty (30)
days' prior written notice to City.
7.13.5 lnsurance shall be placed with insurers with a Best's rating of no
less than B:Vlll.
7.13.6 Prior to commencement of performance, Contractor shall furnish
City with a certif icate of insurance lor each policy. Each certif icate
is to be signed by a person authorized by that insurer to bind
coverage on its behalf . The certificate(s) must be in a form
approved by City. City may require complete, certif ied copies of
any or all policies at any time.
7.1 3.7 Failure to maintain required insurance at all times shall constitute
a default and material breach. ln such event, Contractor shall
immediately notify City and cease all performance under this
Contract until further directed by the City. ln the absence of
satisfactory insurance coverage, City may, at its option: (a)
procure insurance with collection rights for premiums, attorney's
fees and costs against Contractor by way of set-off or recoupment
f rom sums due Contractor, at City's option; (b) immediately
terminate this Contract; or (c) self insure the risk, with all damages
and costs incurred, by judgment, seftlement or otherwise,
including attorney's fees and costs, being collectible f rom
Contractor, by way ol set-off or recoupment from any sums due
Contractor.
7.14 NOTICES. Any notice or demand to be given by one party to the other
shall be given in writing and by personal delivery or prepaid first-class, registered or certified
mail, addressed as follows. Notice simply to the City of Vernon or any other City department is
not adequate notice.
28
lf to the City:Kevin Wilson
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
City Aftorney
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
With a Copy to:
lf to the Contractor:
Any such notice shall be deemed to have been given upon delivery, if personally
delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date
of posting, whichever is earlier. Either party may change the address at which it desires to
receive notice upon giving written notice of such request to the other party.
7.15 TERMINATION FOR CONVENIENCE (Without Cause). City may
terminate this Contract in whole or in part at any time, Ior any cause or without cause, upon
fifteen (15) calendar days'wriften notice to Contractor. lf the Contract is thus terminated by City
lor reasons other than Contractor's lailure to perform its obligations, City shall pay Contractor a
prorated amount based on the services satisfactorily completed and accepted prior to the
effective date of termination. Such payment shall be Contracto/s exclusive remedy for
termination without cause.
7.16 DEFAULT. ln the event either party materially defaults in its obligations
hereunder, the other party may declare a default and terminate this Contract by written notice to
the defaulting party. The notice shall specify the basis for the default. The Contract shall
terminate unless such default is cured before the effective date oJ termination stated in such
notice, which date shall be no sooner than ten (10) days after the date of the notice.
Termination for cause shall relieve the terminating party of further liability or
responsibility under this Contract, including the payment of money, except lor payment for
services satisfactorily and timely perlormed prior to the service of the notice of termination, and
except for reimbursement of (1) any payments made by the City for service not subsequently
per{ormed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining
substitute performance.
7,17 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. CONTT CTOT
hereby agrees to assign to the City all rights, title and interest in and to all causes of action it
may have under Section 4 of the Clayton Act (1 5 U.S.C. Sec 15) or under the Cartwright Act
Chapter 2 (Commencing with Section 1 6700) or paft 2 of Division 7 of the Business and
Professions Code, or any similar or successor provisions of Federal or State law, arising from
purchases of goods, services or materials pursuant to this Contract or the subcontract. This
assignment shall be made and become effective at the time the City tenders final payment to
the Contractor, without further acknowledgment by the parties.
8.0 ADDITIONALASSURANCES
8.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor
certifies and represents that, during the performance of this contract, the contractor and any
other parties with whom it may subcontract shall adhere to equal opportunity employment
practices to assure that applicants and employees are treated equally and are not discriminated
against because of their race, religion, color, national origin, ancestry, disability, sex, age,
medical condition, marital status. Contractor turther certifies that it will not maintain any
segregated facilities. Contractor f urther agrees to comply with The Equal Employment
Opportunity Practices provisions as set forth in Exhibit "E".
8.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay any
and all costs associated therewith, any Vernon Business License which may be required by the
Vernon Municipal Code.
8.3 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access
to and the right to audit and reproduce any of the Contractor's records to the extent the City
deems necessary to insure it is receiving all money to which it is entitled under the Contract
and/or is paying only the amounts to which Contractor is properly entitled under the Contract or
for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records lor a period
of at least 3 years after termination ol the Contract.
The Contractor shall maintain all such records in the City of Vernon. lf
not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or
reimburse the City for all reasonable and extra costs incurred in conducting the audit at a
location other than the City of Vernon, including, but not limited to, such additional (out of the
City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
8.4 CONFLICT. Contractor hereby represents, warrants and certilies that no
member, officer or employee of the Contractor is a director, officer or employee of the City of
Vernon, or a member of any of its boards, commissions or committees, except to the extent
permitted by law.
8.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twentyjive
dollars ($25) for each worker employed in the execution of this Agreement by the respective
Contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code
as a penalty paid to the City; provided, however, work pertormed by employees of contractors in
excess of I hours per day, and 40 hours during any one week, shall be permitted upon
compensation for all hours worked in excess of I hours per day at not less lhan 1y2 times the
basic rate of pay.
8.6 LIVING WAGES. Contractor, or Subcontractor, if any, working on City
service contracts of any amount, as to all employees spending time on City contracts shall
observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit "D". Upon request,
certified payroll shall be provided to the City.
[Signatures Begin on Next Page].
31
lN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State
and California municipal corporation incorporated inl corporation
Mark Whitworth, City Administrator Title:
ATTEST:
By:
Name:
Title:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Zaynah N. Moussa, Deputy City Attorney
By:
Name:
32
EXHIBIT A
SCOPE OF SERVICES
33
EXHIBIT B
PBOPOSAL
34
EXHIBIT C
SCHEDULE
35
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Livinq Waoes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $1 1.55 per hour without health benefits.
@-!l@-93@:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an additional ten days a year ol uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willlul violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
36
B.
EXHIBIT E
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
Contractor certifies and represents that, during the performance of this Agreement, the
conlractor and each subcontractor shall adhere to equal opportunity employment practices
to assure that applicants and employees are treated equally and are not discriminated
against because of their race, religious creed, color, national origin, ancestry, handicap,
sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
Contractor agrees that it shall, in all solicitalions or advertisements for applicants for
employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity
Employer" or that all qualified applicants will receive consideration for employment without
regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the
perlormance of this Agreement, discriminated against applicants or employees because of
their membership in a protected class.
Contractor agrees to provide the City with access to, and, if requested to do so by City,
through its awarding authority, provide copies ol all of its records pertaining or relating to its
employment practices, except to the extent such records or portions of such records are
confidential or privileged under state or lederal law.
Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
c.
D.
STAFF RE,PORT
DEPARTMENT OF PUBLIC WORKS, WATER
DEVELOPMENT SERIVES
RECEIVED
DEC 2 g 20t,r
CITY ADMINISTRATION
I
t4N I Url-
AND
A-6
DATE:
TO:
PREPARED BY:
APPROVED BY:
RE:
January 6,2015
Honorable Mayor and City Council
Scott B. Rigg, Public Works & Water Superintendent V-
Samuel Kevin Wilson, Director of Public Works, Water and
Development Services 56uriF
Amendment No. 1 to the existing Labor and Materials Contract
between the City of Vernon and Haul-Away Rubbish Services
Company, Inc., for Refuse Collection, Recycling, and Disposal
Services, Contract No. CS-0448
Recommendation
It is recommended that the City Council:
1. Find that the approval of Amendment No. 1 proposed in this staff report, is exempt under the
California Environmental Quality Act (CEQA) in accordance with (a) CEQA Guidelines
Section 15061(bX3), the general rule that CEQA only applies to projects that may have an
effect on the environment and (b) Guidelines Section 15301, because the proposed
Amendment No. 1 involves the maintenance of existing facilities with no expansion of the
existing use; and
2. Approve Amendment No. 1 to the existing Labor and Materials Contract between the City of
Vernon and Haul-Away Rubbish Service Company, Inc., for Refuse Collection, Recycling
and Disposal Services, Contract No. CS-0448 to increase the total compensation an
additional $732.00 per each fiscal year in order to add two trash carts at 4990 Seville
Avenue, in Vernon: one (1) three (3) yard bin, regular trash, to be disposed of one (1)
time per week and one ( I ) three (3) yard bin, recycle, to be disposed of one ( I ) time per
week.
Background
The City has an existing contract with Haul-Away Rubbish Service Company, Inc. ("Haul-
Away"), to pick up refuse generated at City owned facilities, made effective October 1,2014. During the
initial bidding process, staff was unaware that two trash carts were located at 4990 Seville Avenue. The
contract was ultimately awarded to Haul-Away, and the two subject trash carts were not included in the
existing contract. Amendment No. I includes provisions to add one ( 1) three (3) yard bin, regular trash, to
be disposed of one (l) time per week and one (l) three (3) yard bin, recycle, to be disposed of one (l)
time per week; to the contract at the above-mentioned address.
Fiscal Impact
The cost for this service shall not exceed $732.00 per each fiscal year for the duration of the
contract. The Amendment No. I will increase the not-to-exceed cost by $2000.00 over the three year term
of the contract. The total not-to-exceed amount is $122,000.00. Funds are available in the fiscal year
2014-2015 budget for this service.
SKWsr
Enclosures
AMENDMENT NO. 1 TO THE LABOR AND MATERIALS CONTRACT BETWEEN
THE CITY OF VERNON AND HAUL-AWAY RUBBISH SERVICE COMPANY, NC.,
FOR REFUSE, COLLECTION, RECYCLING AND DISPOSAL SERVICES,
CONTRACT NO. CS-0448
This Amendment ("Amendment No. l") to that certain Labor and Materials Contract for
refuse, collection, recycling and disposal services (the "Contract"). is made as of
January 6,2015, by and between the City of Vernon, a California charter city and municipal
corporation (the "City"), and Haul-Away Rubbish Service Company, Inc., a California
corporation ("Contractor").
WHEREAS, the City and Contractor are parties to a written Labor and Materials
Contract, under which Contractor provides refuse, collection, recycling and disposal services
("the Contract"); and
WHEREAS, the City and Contractor desire to amend the Contract, effective
January 6,2015, to increase Contractor's compensation $732.00 per each fiscal year in order to
add trvo trash carts at 4990 Seville Avenue, in Vernon: one ( I ) three (3) yard bin, regular trash, to be
disposed of one (l) time per week and one (1) three (3) yard bin, recycle, to be disposed of one (1)
time per week. A copy of the correspondence dated December 3,2014, provided by Contractor is
attached hereto as Exhibit A.
NOW, THEREFORE, the parties to this Amendment No. I agree as follows:
1. The Contract has been amended with respect to Contractor's compensation for the
term of the Contract, effective January 6,2015, for an additional amount not to exceed
$2,000.00.
2. Contractor's grand total consideration for the term of the Contract, shall not
exceed the amount of One Hundred Twenty-Two Thousand Dollars and No Cents ($122,000.00),
without prior City Council approval and written amendment of the Contract.
3. Subsection 5.1 of Section 5.0 is hereby amended to read, as follows:
ln consideration of the Contractor's full, complete, timely, and faithful
performance of the Work required by the Contract Documents, City shall pay
Contractor a total not to exceed sum of One-Hundred and Twenty-Two Thousand
Dollars and No Cents ($122,000.00) ("Contract Sum"). The actual direct cost of
all Permit Fees is excluded from the Contract Sum, however Contractor's cost of
administration and coordination of all Governmental Approvals and Utility Fees
is included in the Contract Sum.
4. Except as expressly modified by this Amendment No. l, all provisions of the
Contract shall remain in full force and effect.
5. The provisions of this Amendment No. I shall constitute the entire contract of the
parties with respect to the subject matter included in this Amendment No. 1 and shall supersede
any other agreement, understanding, or arrangement, whether written or oral, between the parties
with respect to the subject matter of this Amendment No. l
-1-
6. The person or persons executing this Amendment No. t on behalf of each of the
parties warrants and represents that he or she has the authority to execute this Amendment No. 1
on behalf of that party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date
stated in the introductory clause.
CITY OF VERNON a California charter city Haul-Away Rubbish Service Company, Inc., a
and municipal corporation California corporation
By:By:
Mark Whitworth, City Administrator Name:
Title:
ATTEST:
Ana Barcia, Deputy City Clerk
APPROVED AS TO FORM:
By:
Name:
Title:
Zaynah N. Moussa, Deputy City Attorney
-2-
EXHIBTT TTAII
t
December 3, 2014
Scott Rigg
City of Vernon
4305 Santa Fe Ave.
Vemon, CA 90058
Re: Disposal and Recycling Services
Dear Sc t
Thank you for the opportuniry to respond to your request of an official quote for
disposal and recycling services at the foltowing location:
CIty of Vemon-Ught & Power
4990 Sevilb Ave.
City of Vemon, CA 90058
provide quality service you Gtn trust.
Should you have any questions, please do not hesit to call me at (213)2f6-0!r29.
Sincerely,
id B€laakoff
Sales Manager
llt)5 Datc Slrer.t. \lonrchcllo. ('.\906-t() Phonc (i:l)7ll-0-i7! ljax t-illtt87-(lqlt)
hitrtlurrar ruhhish. c, rnt
REGFn\'1rP:93
DEC 3 0 2oi4
RECEIVED
DEC 3 0 2014
CITY ADMINISTRATION
M\^//t+
STAFF REPORT
CIIY CLERKS UhFICE HUMAN RESOURCES DEPARTMENT
DATE:
TO:
FROM:
RE:
January 6,2015
Honorable Mayor and City Council
Teresa McAllister, Director of Human Resource M lVn
RATIFICATION OF THE AT-WILL EMPLOYMENT AGREEMENT BY
AND BETWEEN THE CITY OF VERNON AND MARK C. WHITWORTH
Recommendations
It is recommended that the City Council:
l) Find that ratification of the resolution approving a new At-Will Employment Agreement
with Mark Whitworth is exempt under the California Environmental Quality Act (CEQA)
in accordance with Section 15061(bX3), the general rule that CEQA only applies to
projects that may have an effect on the environment.
2) Ratifu the approval of the At-Will Employment Agreement by and between the City of
Vernon and Mark C. Whitworth, effective January l, 2015, to continue serving as the
City Administrator (Resolution No. 2014-75).
Background
At the Special City Council meeting held on December 9,2014, in closed session, the Human
Resources Director reported to the Council on the status of the negotiations with Mark
Whitworth regarding the terms and conditions of his potential continued employment as City
Administrator. At the Regular City Council meeting held on December 16,2014, the Human
Resources Director presented the proposed terms of the agreement to City Council in closed
session. The City Council adjourned the regular meeting to December 22,2014, and continued
the matter of the proposed agreement to said meeting. At the adjourned regular meeting on
December 22, 2014, the City Council approved the at-will employment agreement with Mr.
Whitworth effective January 1,2015 (Resolution No. 2014-75).In order to avoid any potential
uncertainty and to ensure full compliance with Government Code Section 20636(b)(1), which
requires that all compensation items be approved at regular City Council meetings, it is
recommended that City Council ratifz the approval of the January l, 2015 At-Will Employment
with Mark C. Whitworth (Resolution No. 2014-75) at its regular meeting on January 6,2075.
Resolution No. 2014-75, along with the corresponding staff report presented at the December 22,
2014 meeting are attached. No changes have been made to either document.
2
O( gyzzrlru/az/ty
STAFF REPORT
HUMAN RESOURCES DEPARTMENT
DATE:
TO:
XROM:
R.E:
December l5,20l4
Ilonorable Mayor end City Council
Teresa McAllister, Director of Humen R".oot".s-$V
A RESOLUTION OF TITE CITY COI]NCIL OF THE CITY OT'VERNON
APPROVING AND AUTHORIZING TIIE EXECUTION OF A NEW AT-
WILL EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY
Otr'VERNON AND MARK C. WHITWORTH
Recommendations
It is recommended that the City Council:
l) Find that approval of the proposed resolution approving a new At-Wil Employment
Agreement with Mark Whitworth is exempt under the Califomia Environmental Quality
Act (CEQA) in accordance with Section 15061(bX3), the general rule that CEQA only
applies to projects that may have an effect on the environment.
2) Adopt the attached resolution approving and authorizing the execution of a new at-will
employrnent agreement with Ma* C. Whitworth effective January 1,2015, to continue
serving as City Administator. Mr. Whitworth's current at-will employment agreement
expires December 31,2014. The proposed new agreement uses the standard at-will
agreement form approved by City Council for other executive positions and includes
certain new or modified tenns and benefits as identified in this staff report.
Backsround
In late 2012, in line with the City's good govemance reforms, standard at-will employment
agreements were developed by the City Afiorney's Office and approved by the City Council to
be used for City Executive positions. The agreement for Mark Whitworth to serve as City
Administrator was approved in December 2012 pursuant to Resolution No. 2012-237 and as
subsequently amended on April 15,2014 pursuant to Resolution No. 2014'16.
Mr. Whitworth's at-will employ.ment agreement will expire on December 31,2014. The City
Council unanimously desires that Mr. Whitworttr continue his employment as the City
Administsaror. Mr. Whiworth's outstanding achievements and psofe.ssional contributions ar€
key and critical factors in the guiding forre for the City of Vemon in its efrorts to become a
model of good govenrance. Therefore, at its regulfi meaing hcld on November 18, 2014, City
Couoil appointed Teresa McAllister, Director of Human Resources, to negotiate a new at-will
employment agrcement befireen the City of Vemon and Mark Whitworth.
Between November lE, 2014 and Deccmbcr 15,2014, the Human Resources Director met and
confered with Mr. Whitworth to negotiate the tErms of a new at-will emrploym€nt agreement.
At the Special City Council meeting held on Decembcr 9, 2014, he Human Resources Director
reported to the Council on the status of the negotiations. At tle Regular City Cormcil meeting
held on Deoernber 16,2014, the Human Resourcas Director presented the proposed terms of the
agreEment to City Council in closed session.
The proposed at-will employrnent agre€rn€nt for Mark C. Whitworth is attached hereto as
Exhibit B of the resolution for City Council's approval. The agreerrent is consistent with Ivt.
Whitworth's previous terms and conditions, with the exception of three key modifications. The
first modification relates to the Retirement Protestion. Section 6-I - Retirement Protection is
rpnroved ftom the contract as a result of tbe Public Employee's Pension Reform Act (PEPRA).
This section is no longer enforccable under'Govenment Code Section 7522.18 in ufiich a
supplemental defmed benefit plan can no longer be offered to employees afier lanuary l, 2013.
Although this provision/bcnc existed in Mr. Whitworth's employmcnt agreemetrt prior to the
regulation being adopted in 2013, it was never id€ntified as a vested right or fotmalized in any
document outside the employment agr€cment, which expfues on Dec€mfu 3l , 2014. The benefit
expires with tlre old agteement and does not csry ov€r to a new agrcement' There is nothiag in
the previous age€ment that m8de the benefit a vested right As a result the benefit is
impermissible under thc new PEPRA regulation. As currently calculate4 based on the estimate
provided to Mr. Whitrilorth by CdPERS and City payroll r€co,rds, the elimination of this
provision is estimated to potedially save the City approximately $120,000 over a six-year
period.
The second modification rcldes to retiree medical and dental ioswance for Mr. Whitworth and
his eligible dependents. Upon rctircment, Mr. Whitworth and his eligible dependents shall be
eligible to remain enrolled in any HMO or PPO medical and dental plars offercd by the City.
The City shall pay up to the curent employer contibution of $1,120 toward the cost of the
pre,rriums for said plan. The cost of any plan(s) selected by Mr. Whitworth thd exceed(s)
$1,120 per month shalt be paid by It[r. Whitworth. I1 was found that fourtee,n (14) of the sixteen
(16) cities surveyed (87.5o/o) in the comparable labor market conmonly offered medical and/ot
dental coverage for rairces and thcir cligible dependents.
Under his cr,ucirt contract, wtich orpires Decernber 31,2014, Mr. Whitworth is eligible to a
retirce medical plan that provide,s up to the lourcst-cost HMO insurance premium for the City's
medical and dental insurance program for the retiree only. For 2015, the rate for the lowest-cost
HMO medical and dental pneniunrs is approxinrately $5,417 annually. Using this figure, the
maximum total financial impact to the City to add eligible depordent coverage to the retiree
medical and dental plan u Mr. Whitworth's current employer contibution rate of up to $13,440
annually ($1,120.00 per month), over a modmum period of 13 years (when retiree reaches age
65 and is required to emroll in Medicare), is appmximately $104,300 ($8,023 per year).
The third modification relales to the salary of Mr. Whinvorth. The proposed annual salary of
$289,104 is contingent upon City Council adopting the Citywide fringe benefit and salary
resolution presented concurently on December 16,2014. The fringe benefit and salary
resolution includes all executive salaries set at the 75s percentile range based upon the Citywide
classification and compensation study of the surveyed labor marke! and a Citywide 1.57o cost of
living increasc consistent with all grade and step pay plans applied to other employee groups and
executives.
X'iscal Imoact
The total potential savings and costs to implement the changes recommended in the proposed
contact are summarized below:
. Potential savings of approximately $120,000 over a six-year period ($20,000 per year)
due to ttre elimination of Section 6-I - Retirement Protection - in the curent contract.. Total potential maximurr increase of approximately $104,300 over a ma,ximum period of
13 years ($8,023 per year) to increase retiree medical and dental benefits to a maximum
of $1,120 per month and to include eligible dependents.r SalarI increase of approximately $26,500 per ye€r, lvhich includes employer CaIPERS
and Medicare costs, but does not include any funre cost ofliving adjustments.
The cost for fiscal year 201+2015 to implement the new salary grade for City Administsator
based upon the 75ft percentile ofthe comparable labor market and a l.5olo cost of living increase
is approximalely $13,250. These costs have been included in the 2014-20L5 fiscal year budget.
3
RESOLUTION NO. 2OL4-75
A RESOLUTTON OP THE CITY COI]NCII, OF TI{E CITY OF
VERNON APPROVING AI{D AUTHORIZING TI{E EXEGITION OF
AI.I AT-TIILL HI{PLOYMENT AGREEMENT BY AND BETWEEN TTIE
CITY OF VERNON A]{D MARK WHITWORTH TO SERVE AS T:{E
CITY ADMINISTRATOR OF THE CITY OF VERNON
WHEREAS, on December 18, 2oL2, the ciEy Council of the City
of vernon adopted Re6olution No. 2012-237, as amended by ReEoluEion
No. 2014-15, appoint,ing Mark whitworth ( "Whitworth" ) to eerve as the
City Administrator of the CiEy of Vernon and aPProvlng the execucion
of a relat.ed employment agreemenE (Ehe "Agreement" ) for the period of
December 30, 2Ol2 through December 31, 2014, and
$IHEREA.S, the City and Whitworth desire to enter intso a new
at-wi1l empfolment agreement effective .Ianuary l, 20L5, to conElnue to
gerve aE Ehe CiEy AdninistraEor of the City of Vetrron; and
WHEREAS, the City Council of the City of Vernon degireB to
approve the At-WiII EmplolmenE Agreement with WhiEworth.
NOW. THEREFORE, BE IT RESOL1IED BY THE CITY COUNCIL OF TIIE
CITY OF VERNON AS EOLI,oWS:
SECTIoN 1: The Ciuy Council of the city of, vernon hereby
finds and delermineg that the above recitals are Erue and correct.
SECTION 2: The City Council of the City of Vernon finds
Ehat t,hi6 actsion is exempt under Ehe California EnvironmenEal ouality
Act (CEQA) , in accordance with Section 15051(b) (3), the general rule
Ehat CEQA only applies t,o projects that may have an effect on Ehe
environment.
SECTION 3: The CiEy Council of
approves Ehe At-wi11 Employments AgreenenE.
Mark WhlEworth, in substantially the same
the city of Vernon hereby
(Ehe 'AgreemenE" ) vriEh
form as the copy which is
iE attsached hereEo as E:(hibit A.
SECPION 4: The Clty councll of tshe City of vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute Eaid Agreement for,
and on behalf of, the Citsy of Vernon and the ClEy C1erk, or Deputy
City Clerk, is hereby authorized Eo attest Ehereto.
SECTfON 5: The city Council of the city of vernon hereby
directs Ehe City cLerk, or tshe Deputy City Clerk, to send a f,uIIy
executed Agreement to Mark WhiEworth.
SECTIoN 6: The City Clerk, or Deputy City C1erk, of the
eity of Ver[on shal] cerEify to Ehe pasaasJe, approval and adoptlon of
this resolutlon, and the CiEy C1erk, or DepuEy City Clerk, of the City
of vernon shall cause thls resolution and the City CLerk'E, or DepuEy
ClEy Clerk's, certification to be entered in the EiLe of Resolutions
of the Council of thi6 CitY.
APPROVED AIiID ADOPTED this 22d day of Decernlcer, 2014.
Name:lf. Michael Mceomick
TiE.Ie: l,layor / Jtap-erO:6>
tna Hcla
APPROVED AS TO FORM:
, MouaEa, Deputy CiEy Atstorney
STATE OF CAI,IFORNIA
EOI]NTY OF I.,oS ANGELES
)
)se
)
, €j^qF-clr4Ey DepuEy city clerk of, the ciuyt,Ana Barcir
of Vernon, do hereby certify that the foregoing Regolution, being
ReEotution No. 2014-75, was duly passed, approved and adopted by the
City Council of the city of vernon aE a adj ourned regular meeting of
Ehe City Council duly held on Tueaday, December 22, 2014, and
thereaftser was duly signed by the Mayor or Mayor Pro-Tem of the city of
Vernon,
ExecuEed Ehje Lb day of Decedber, 20]-4, al vernon, California'
( SEAI)
-S,W/ Deputy city clerk
3
EXHIBIT A
AT-WILL EMPLOYMENT AGREEMENT (NON-SAFETY)
BETWEEN THE CITY OF VERNON AND
MARK C. WHITWORTH
THIS AGREEilENT is between the City of Vemon ("City') and Mark C. Whitworth
('\,VIitworth' or'Employee').
Reclhls
City desires to employ Employee as an.t-will employee in the position of City
Administrator. Employee desires to be the City Administrator and acknowledges that such
employment is at-will.
The City Council, pursuant to the authority granted by the City of Vemon Chart€r, agrees
to hire Employee, as an at-,will employee, subject to the terms and conditions identified below.
AGREETIENT
Sec{ion 1: TERil
The effective date of this Agreement shall be January 1, 2015. Either party may
terminate thi6 Agreoment pursuant to lh€ provisions sot forth b€|olfl. Employee i6 an ahwill
employee and may be terminated, with or without cause, upon 30 days written notic€.
Employee may resign with thiny (30) days advance notice as set forth in Section 8 below.
Section 2: OUTIES
A. City engages Employee as the City Administrator to p€rfonn the function8 and
duties spocmed in the job description for the position (Attachment 'A', incorporated h€re by this
reference), as the same may be modified by the City Council from time lo iime, and to p€rform
such other legally permissible and proper duties and func{ions as the City Council shall, from
time to time, assign.
B. Employee agrees that to the best of his ability and experience that he will at all
times conscientiously perform the duties and oblEations required, either express or implied, by
the terms of thi6 Agreement, the ordinances, resolutions and adopted policies of the City of
Vemon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to wo* a full and compl€t€ work
we€k puBuant to the established work schedule as determined by the City Council, and devote
whatever time is necessary to fulfill the employment responsibilities and duties as identified in
this Agreement.
D. During the torm of this Agreement, Employee is requir6d lo have and maintain a
velid Califomia Drive/s license.
E. Employee acknowledges lhat in connection with the performance of his duties,
he will obtain information from City employees and third parties lhat is of a confidential neture.
Employee agre€s that he will not disclose such confidential information other than to ofiicers
and employeos of the City who have been authorized to have access to sudl information.
Oec 2014
Employee further agreeB lhat if he has a question as to the confidentiality of information
obtained in he courBe of his employment, he will contaci the City Attorney for advice.
Seclion 3: EXCLUSNE EiIPLOYUENT
Employee agrees to bcus hia professional time, ability and attention to City business
during th€ term of thb Agreement. Coneequently, Employee agrees not to engag€ in any other
busines8 pursuile, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other p€6on or organization, for compensation,
wlthout the prior wriften con8ent of the City Council. This doee not preclude Employee from
volunteering his services to other entities or individuals as long as guch volunteer seruices are
not in conflict with the seMces to be provided by Employee under this Agreement.
Sedion 4: COf,PENSAT|ON
Ae compensation for the service3 to be rendored by Employee, City agre€S to pay
Employee a base salary of no less than $289,104, per year, payable in tweniy+ix (26) biweekly
instellments at the 8am€ time as other employees of the City are paid and subjoci to customary
withholding. Salary adjustments (medt increases), if any, in Employee's selary during the tem
ot this Agreement shall be at the Bole dbcrotion of the Ci$ Council based upon the City
Council's evalustion of Employee's job performance and within the baoe salary rang€
estauished by th€ City Council or as otheMise appmved by the Ci$ Council. Any and all
adiustmentB shall bc in aocordance with City perconnol policiea and prccedurcs. Employee's
salary Bhall be reflected in the City's publicly available salary achedule.
Sec{ion 5: BENEFITS
A. Retlrament
Ae an employee of the City of Vemon, Employee will be Enrolled in the Califomia Public
Employees' Retirement Systom (CaIPERS) retirement plan, as such plan may be amended by
the City Council. As of the date of this employment agreement, such plan indude6 the 2.7% @
55 b€nefit formula for mbc€llaneous employees. The employee pays E% for the employee
contribution to GaIPERS.
B. other Executve tr.n8gemont benefitr
Employee shall receive all benefits specified by the then cunent Resolutions of the City
Comcil of Vemon for Executive Management Slaff, including, without limitation, those relat€d to
Vacation, Administrati\re Leave, Holidaya, Sick Leave, Modical and Dental lnsurance' Flexible
Benefits Plans, M8ion Car., M6nBd Compensation, and othor types of leave in accordance
with the Per8onnel Policios and Ptocedures Manual.
C. Car Allourance
At Employee's option, City shall either pay Employee an automobile allowanoe of
$600 per month or provlde Employee a City-is6ued vehicle contingent on Employee'8
compliance with the City's equipment usc policies and procedures.
1
D€c 2014
D. Llfe lncuranco
City shall pay for a lfe insurance policy in the emount equalto Emplolree'8 annual salry
while he b employed by City. ln the altemative, the City may, at ils discretlon, decide to be self-
inaurcd.
E. Long Tem Disebility lnlulance
City shall make available a Long Teim Disability lnsurance policy at Employee's
expense, whlch provides a maximum monthly benefit of 66 23% of his base salary at the tlm€
of injury.
F. Home compulcr
Employee will be provided with a City orned ApPle iPad to be us€d for City business.
The iPad may be stored and used at the Employee's home. At the end of employment,
Employee shall retum tle City-owned iPad to the City.
G. Annual Physlcal Exam
Cig shall pay for an annual physicel examination for Employe€ with a provider
contrac'ted by the City. At Employee'a option, such annuel examination may b€ taken in the
form of a CT scan or similar medical procedure.
H. Re0r€e iledlc.l and Dental
Upon rotiremeril, Whitworth and hb eligible dependenb (spou8e, register€d domestic
partner and qualified dependonts) shall be eligible lo remain enrolled in any HMO or PPO (non-
HSA) medical and dental plans ofiered by the City. The City shall pey up to $1,120 per month
to,vard the coEt of the premiums for said plans. The cost of any plan(s) selected by Whitworth
that exceeds $1,120 per month shall bo paid by vvhitworth.
Upon Whitworth and his spouse reaching the ago of sixty-five (65), each are required to
be enrolled in Medicare and shorv proof of such enrollm€nt, whereupon ttle City'8 insurance
policy will become supplemental coverage, if applicable. The City thall reduce the $1,120
monihly allowance to an allowance of up to $500 per month whidl shall be available only for
the purpose of paying for or reimbursing the co3t of any applicable Medicare Eupplemental
coverage plan oftred by the Cily for Whitworth and his spouse, To the extent that the
beneflt is provided as e reimbuBemert, the reimbursemenl shall be made pursuant to the rules
applicable to heallh reimbursement anangements, including the requirement that the expenoe
be substantiated by Whitworth before the reimburB€mcnt is made.
lf Whitworth should decease prior to rcaching the age of sixty-five (65) or prior to his
spouse reachlng the age of sixty-flve (65) (whichever l8 earlieQ, Wtitworth's surviving
spouee and eligible dependentB shall bc sligible to rsmain enrolled in any Hlt/ C or PPO (non-
HSA) medicel and dental plans ofiercd by fte City, and the City shall conthue to pay up to
$'l ,120 per month bward the cct of the premiums for said plarc. The cost of any plan(s)
select€d by \Mritworth's suNMng spouse that exceeds $1,120 per month shall be paid by
Whituorth's spouse.
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Dec2014
The offer of thb Ftiree medical and dental benefit is not a vested rigm for tuture yeaB.
lf the City discontinues this retiree medical and dental benefit at any point in the future,
Whitworth shall have lhe option to remain enrolled in any retiree HMO or PPO (non-HSA)
medical and dental plane offered by the City subject to the underwriting requirements of ihe
insurance canier. lf eligible to continue enrollment, Whlturorlh shall pay the full cost of the
premiums for said plana.
Should Whitworth or his spouse fail to pay any premiums or portions ther€of for any
of ihe retiree medical and dental benefits provided in this section for any three (3)
consecutive months, or should the coverage oihen rise hpse for any reason other than the
City's non-payment, then the Gity's obligation to make lurther payments under this retiree
medical and dental b€nefit shall automatically terminate and cease without the need for
furthcr notlce.
l. Other Emdoyee Beneflts
On or about September 4, 2012,hha City Council adopted and approved Reeolution No.
2012-173, authorizing GimbursemBr of reasonable legal expenses not to oxce€d $25,000, for
cun€nt Vemon employee3 related to the CaIPERS ffice of Audit Servies' audit of the Gity.
The legal expenses cap i8 raised to $100,000 for Whitworth, and any l€gal counsel retained by
Whitworth must bo approved by City Council. The $100,000 legal expens$ cap b indusi\re of
co6t6 or expsndiiures incuned by the Cfi in any legal defense rehted to CaIPERS'
detemination regarding Whitworth.
Section 6: TERilINATION AND SEVERANCE PAY
A. Employ€€ is an at-will employee and gerves at tlre will and pleasure of the City
Council and may be terminated at any time, without cause, upon thirty (30) da),s
written notbe, subject to the conditions of paragraphs B and C of this section.
B. ln the event that Employee b t€rminat€d by the City Council for reagonE other than
physical or mental incapacity, and other than lho€e reasons noted in paragraph E,
below, the City agrees to pay Employee a seveEnce package equel to six (6)
months of sahry.
C. To be ellglbh for severance pay, as identified in panag6ph B, of this section,
Employee shall fulfill all of hi8 obligations under this Agreement and shall sign an
acknorrledgment and release of claims against tho City. Such acknowledgement
and releaBe appears as Attachment'B' to this Agrcement.
D. All severance payments ehall be paid within thirty (30) calendar days of the date
Employee executes the ecknoflledgement and release of claims against the City.
E. Notwithstanding paragraphs A, B and C, above, if Employee voluntarily resigns or
retires, or is terminated due to insubordination, incapacity, dsreliction of duty,
addiction to a controlled substance or slcohol, convic{ion of e crim€ involving moral
turpitud€ or involving pcrtonal gain to him or abusc of his ofiice or position or any
felony or for a br€ach of this Agr€ement, city shall have no obligation to pay any
sevemnce provided in this sec{ion. Furthermore, Emdoyoe agrees that any
severance provided shall be fully reimburced to the City if the Employee ie convictod
of a crima involving an abuse of his office or position.
F. Upon Grmination, Employee shall be paid for ell eamed, but unused, vacation time.
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Doc 2014
Sec-tion 7: EXEGUTIVE COTPENSATION Uil|TATIONS
lf Employee is paid leeve salary during a ponding investigation, any salary provided for
that purpGe shall be fully reimburced to the City if Employce is convicted of a crimo involving
an abus€ of hi3 oflica or position.
lf Employee is provided funds for any legal criminal defense during his employment with
the Cig, any funds provided for that purpose shall be fully reimbused to the City if the
Employee is convicted of a crime involving an abuse of his offce or posfion.
lf this Agreement is teminated, any cash eettlemenl ralated to the termination lhat
Employee may .eceiv€ from the City shell be fully reimburE€d to the City if Employee is
convicted of a crime involving an abu8e of his office or position.
Sec{ion8: RESIGNATIOI{,RETIRETIENT
Employee may resign at any time. Employea may retire, provided he is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the efiedive date of his resignation or retirement.
Section 9: DISABILITY
lf Employee iB permanently disabled or otherwise unablo to peform his/her duties
because of sickness, accident, iniury, mental incapacity or health for a period of thirty (30)
calEndar days beyond any eamed sick leave, City shall heve the option to terminate this
Agreement, subject to those provisions which Burvive termination; however, the City's option to
terminate under this Section shall be limited by its obligation to engage in lhe interac{ive
process for reasonable accommodations and to provide reasonable accommodations aB
requhed by law. Nothlrg in this Section shall be con8trued to limit or restrict Employee'8
benatits or rights under worker8' comp€mation or CaIPERS.
How€ver, an employee terminated under this sedion i8 not eligible for sevgrance pey, as
delineated in Section 7, paragraph E, of this Agreement.
Sec{ion 10: GENERAL PROVISIONS
Any noliceo required by thb Agreement shall be in writing and either delivered in pcrcon
or by first class, certified, retum receipt reque.sted US Mail with postage prepaid. Such notioe
shall be addressed as follows:
TO CITY:City Clerk
City of Vemon
4305 Santa Fe Avenue
Vemon, CA90058
TO EMPLOYEE: Mark C. Vvhitworth
331 W. Dawson Court
Glendora, CA 91740
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Oec 2014
B. Entire Agreement
The text of this Agreement shall constilute the entire and exclusiv€ agre€ment between
tha parties. All prior oral or written communications understanding or agreements between the
parti6s, not set forth herein, shall be superseded in total by this Agr66ment. No Amendment or
modification to this Agreement may be made excepi by a written egreement signed by the
Employo€ and the City and approved as to form by the City Attomey.
C. A$ignment
This Agr€€ment is not assignable by either the City or Employee.
D. Severabllity
In the event that any provision of this Agreement is finally held or determined to be illegal
or void by a ooud having jurisdiction over the parties, the remainder of this Agreement shall
remain iri full force and efiect unless the pgrts found to be void are wholly inseparable ftom the
remaining portions of this Agreement.
E. Eff.ct of Weiver
The failurc of eith€r parly to insist on strict compliance with any of the terms, covenants'
or conditions in this Agreement by the other party shall not be deemed a waiver of that term,
covenant or condition, nor shall any waiver or relinquishment of any right or po\fler at any one
time or times b€ deemed a waiver or relinquishment of that right or poit er for all or any other
time or times.
F. Jurlsdlction
Any action to interpret or enforce the terms of this Agreement shall be held exolusively in
a state court in Los Angeles County, Califomia. Employee expressly waives any right to r€move
any such action from Los Angeles County.
G. Effoctlvo Data
This Agreement shall take effect on January 1, 2015.
lsignatures Begin on Next Pagel.
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DEc2014
!N WTNESS WHEREOF, the City of Vernon has caused this,\greement to be signed
and executed in its behalf by its City Administrator, and executed by the Employee.
City of Vemon, a Galifomia charter City and
Califomia municipal corporation
Dated:
Mark C. Whitworth, City Administrator
ATTEST:
Ana Barcia, Deputy City Clerk
Approved as to form:
Hema Patel, City Attomey
7
Dec 2014
ln signing this Agreement, Employee understands and agrees that his/her employment status is
that of an at+ill employee and that his/her rights to employment with the City are govemed by
the tems and conditions of this Agreem€nt rath€r than the odinances, resolutions, and policies
of the City of Vemon vvhich might otherwise apply to employees of the City. Employ€€ further
ackno ledges that he/she was given the opportunity to consult with an attomey prior to Eigning
this Agrcement.
Dated:
Employee
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Dec 20t4
ATTACHilENT A
Job Deecrlption
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Dcc 2014
JOB DESGRIPTION
City Administrator
Date Prepared: March 2014 Class Gode: 1010
SUIUilARY: Under adminislrative diredion of the City Council, seryes as the Chief Staff Advisor for the City
of Vemon; responsible for leading, planning, directing, and evaluating the City's operations, Progtems,
priorities, projects, and policies; leads efforts to maximize the efficiency of Ci$ seMcas and assures all
operational activities comply with City policies, procedures, and goals.
ESSENTIAL FUNCTIONS: - Erserffi, ni?ffinq as delined M&t frp Atwicrns xrili Osabffibs Ad, nay illr/'fre my d fln bflrty/ll0
npngg1nhltw d,fuf mowhfio, and sds, Iih h nd a corryehonsr€ fl{,ng of sf ,tl,?cfu,?s and d.frar pertonrnd by incrtrsrrlirs of trtrs class;
efloyees myDe assrgnod dufts ndbfi am not lMed bW masonatrb accotttmodaliom ml b nffi x rquirrd, nepO Os{fpffit d00s not
a ndfitealac@1rrrattagremnilmdhsulBcttoclrange dnyttrnbytnanployer.EssilldduilbsandtryonsDflffis mayhcfifre,Mae
t d fftrfred to, lhe fo/rlwilrg:
o Serves as the principal advisor to the City Council; exercises independent judgment within broad policy
guidelines; evatuates City issues, and develops reports to effectively communicate plans and City Council
ac,tions required to meet City needs; assures the efficirent delivery of high qualtty public services.
o Exercises independent judgmerrt within broad policy guidelines; evaluates operational issues, and
recommends solutions to improve the Gity's operationsl works independenfly and makes appropriate
decisions based on knovledge of City Council goals.
o Meets regulady with staff to discuss and rcsolve assignments, pdorities, wokload, stafring, budgeb,
technical isgues, quality standards, and seMces; motivates and evaluates staff, and provides leadership,
direction, and guidance in operational plans and priorities; assures all operational adivities are in
compliance with City policies and procedures, and state and federalregulations.
o Implements policies and plans to meet City Counci! goals and directives; interprets conoems, defines
desired reSulE, develops solutions, determines scope and priorities of proieds, and @mmunicates status
of projeds and organizationa! issues.
o Monitors City operations, anallzes operational information, evaluates ffends, and develops plans to meet
goals and future needs; assigns resouroes required to meet organizational issues and City Councilgoals;
revieu6 and monitors status repoils, and dirccts appropriate actions; preperes and presents status reporb
to City Council, and assures effedive communication of operational issues.
o DirccB, leads, and motivates City stafr, and evaluates performanoe; encourages interactive dialogue
throughout the organization, and efiectively addresses personnel issues in order to promote a productive
and healthy uork environment.
o Directs development of City budget, approves ependitures, manages contracts and agreemenb.
o Meets wifl,r City committees, commissions, and residents to discuss and resolve issues; coordinates
projects and regional issues with local officials, agencies, community organizations, and advocates.
o Manages public information and communig relations aclivities; reprcsents the City's interests to key
stakeholder groups, advocates, regiona! agencies, organizations, boards, and commissions.
. Supports the relationship betraeen the City of Vemon and the general public by demonsffating couileous
and cooperative behaMor when interacting with visitors and City staff; maintains confidentiality of work-
related issues and City information; performs otrer duties as required or assigned.
City Mminblrator Vernon CA 1 ol2
TI NIHU II QUALIFEANONS :
Education, Tralnlng and Egerience Guidelines:
Bachelor's Degree in Finance, Business, Public Administration or related field; AND six years eleerience
managing govemment operations
Knodedge of:. Clty organization, operations, policies, and prccedures.o Federal, Stiate and City laws, rules, regulations, and ordinances governing municipalities.o Duties, pow€rs, authorities, and limitations of a Gity Administrator.o Princjples and practices of local goremment administrative managem€nt, including pecronnel rules,
procurement, finan@, budgeting, contract and risk management, performance management, and
evaluation of public sector programs, policies, and operations.o SEategic planning tecfrniques forthe economic, financial, and environmenta! needs of the City.. Legal, ethical, and professional rules of conduct for municipal govemment offcers.e Gunent political and economic trends in state and federal govemment.o Techniques and methodE for long-range strategic and financial planning.
o TEchniques and practicee for efficient and cost efieclive managemeril of resources.o Business computers, and standard and specialized software applications.
Skill in:o Assuming executiv+level responsibilities, prolecting consequences of proposed actions, and making
appropriate decisions, wirile assuring compliance with City goals and o$ec{ivee.o Analyzing complex administrative and operational issues, interpreting laws and regulations, evaluating
alternatives, and developing recommendations, strategies, and operationalimprovements.o Analyzing Clty needs, and prioritilng and promoting operational strategies to meet future needs.o Preparing and administering the City budget.. lnterpreting and applying municipal policies and procedures.
o Presenting and defending operational reports and information in public meetings.. Analyzing problems, resolving disputes and conflicts, and developing effedive solutions.. Using initiative and independent judgment wilhin established prooedural guidelines.o Assessing and prioritizing multiple tasks, projects and demands,. Managing staff, delegating tasks and authority, and coaching to improve staff performance.
o Establhhing and maintaining cooperative working relationships wi$t Ci$ employees, elec{ed officials,
community groups, advocates, and representatives from other local, state, and federalagencies.o Communicating effec{ively verbally and in writing.
LICENSE AND CERTIFICATION REQUIREMENTS:
A valid Califomia State Driver's Lioense may be requircd.
PHYSICAL DET'A]iIUS AND WORKI NG E M/I RONii E NT :
Work is performed in a standard ofiice environment.
CltyAdmhletrator Vcmon CA 2ol2
ATTACHIIENT B
ACKNOWLEDGEMENT AND RELEASE
This is to confirm that on this date ! have received severane pay in the amount of
pursuant to my employment agreement with the City of Vernon. I acknowledge
that, in accepting such severance pay, I am releasing the City, its employees, ofiicers and
agents, from any and all claims of any kind or nalure I had or may have had against the City
arising from my employment wtth the City, including but without limitation, age discrimination
claims underthe Age Discrimination in Employment Act and the Older Workers Benefit
Protaction Act.
I further acknowledge that this Acknowledgment and Release releases the City from and
waivers any claims I may have against the City, ite employees, ofiicers and agenB, stemming
from my employment relationship, including the severance thereol to the fullest extent
permissible under the laur.
I further acknowledge that ihis waiver extends to all claims, known and unknown, relative
to my employment with ancl cessation of my employment with the Ctty. I specifically waive the
application of Civil Code $1!42, wlrich provides:
A generalrelease does not extentto claims which the creditor
does not know or suspecl to exiet in his favor at the time of
executing the release, which if knorn by him/her must have
materially afrec,ted his/her settlement with the debtor.
I have had the opportunity to consult with legal counsel relative to this Acknouledgement
and Release, and I had a reasonable period of time within u,hich to consider signing this
Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily
and willingly.
Dated:
Employee
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Dec 2014