2015-01-20 City Council MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JANUARY 20, 2015, 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 9:03 a.m. by Mayor McCormick; Vernon Elementary School
Student Nicholas Sanchez 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. Personnel Matters - Service Pin Awards.
December 2014 Anniversary
Employee Name Job Title Years
1. Deborah Juarez Records Management Assistant 25
2. Carlos Gudino Senior Street Maintenance Worker 20
Director of Human Resources Teresa McAllister reported on the years of service. Mayor
McCormick presented the service pin to Gudino. The Council recognized Juarez for her years of
service as she was not in attendance.
2. Presentation of the 2015 Used Oil Calendar Awards to the Vernon Elementary
School, and Sponsor recognition plaques.
Chief Deputy Director of Health and Environmental Control Dave LeDuff provided the oral
report and presentation. Mayor McCormick presented the awards to the student recipients and
sponsors.
3. The California Highway Patrol (CHP) “10851” Grand Theft Auto Recovery
Award presentation recognizing Officer Edward Hernandez.
Police Chief Daniel Calleros reported on the “10851” award. CHP Captain Tim Tompkins
presented the award to Officer Hernandez.
At 9:27 a.m., Mayor McCormick called for a short recess.
At 9:34 a.m., the City Council reconvened the meeting.
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.
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January 20, 2015
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Claims Against the City – Received and Filed
4. None
Minutes – To be Received and Filed
5. Minutes of the Regular City Council Meeting held January 6, 2015.
6. Minutes of the Special City Council Meeting held January 8, 2015.
Warrant Registers
7. Approval of City Payroll Warrant Register No. 703, totaling $2,968,905.96, which
covers the period of December 1, through December 31, 2014, and consists of the
following:
a. Ratification of direct deposits, checks and taxes totaling $1,930,551.78; and
b. Checks and electronic fund transfers totaling $1,038,354.18.
8. Approval of City Warrant Register No. 1416, totaling $1,330,304.83, which covers
the period of December 23, 2014, through January 12, 2015, and consists of the
following:
a. Ratification of wire transfers totaling $1,011,906.46; and
b. Ratification of the issuance of early checks totaling $159,262.57; and
c. Authorization to issue pending checks totaling $159,135.80.
9. Approval of Light & Power Warrant Register No. 381, totaling $7,294,678.24,
which covers the period of December 23, 2014, through January 12, 2015, and
consists of the following:
a. Ratification of wire transfers totaling $7,025,906.32; and
b. Ratification of the issuance of early checks totaling $243,762.70; and
c. Authorization to issue pending checks totaling $25,009.22.
10. Approval of Gas Warrant Register No. 169, totaling $1,934,155.14, which covers
the period of December 23, 2014, through January 12, 2015, and consists of the
following:
a. Ratification of the issuance of early checks totaling $1,929,328.64; and
b. Authorization to issue pending checks totaling $4,826.50.
Fire Department
11. Activity Report for the period of December 16 through December 31, 2014, to be
received and filed.
Health and Environmental Control Department
12. December 2014 Monthly Report, to be received and filed.
Human Resources Department
13. Approving and Authorizing the execution of a new At-Will Employment
Agreement by and between the City of Vernon and Zaynah N. Moussa.
Recommendation:
(1) Find that approval of the proposed At-Will Employment 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
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January 20, 2015
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(2) Approve the At-Will Employment Agreement (the “Agreement”) with Zaynah N.
Moussa, in substantially the same form as submitted with the staff report,
effective January 20, 2015. The proposed Agreement is the standard at-will
employment agreement form approved by City Council for other executive
positions and includes a few minor updates.
Police Department
14. Activity Log and Statistical Summary of Arrests and Activities for the period of
December 16, through December 31, 2014, to be received and filed.
Public Works, Water and Development Services Department
15. Building Department Report for the month of December 2014, and the Annual
Building Report for 2014, to be received and filed.
16. Bid Award for Contract No. CS-0522 to Furnish and Install One New 300KW
Cummins Diesel Power Generator.
Recommendation:
(1) Find that the proposed project is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15302 (C), because the
proposed project consists of the replacement or reconstruction of existing utility
systems and/or facilities involving negligible or no expansion of capacity; and
(2) Accept the bid from Cora Constructors, Inc., as the lowest responsive and
responsible bidder and enter into a Labor and Materials Contract, in substantially
the same form as submitted with the staff report, for an amount not to exceed
$216,418.00, for Contract No. CS-0522 to Furnish and Install One New 300KW
Cummins Diesel Power Generator. Furthermore, authorize a contingency in the
amount of $35,000.00 in the event an unexpected changed condition in the project
occurs and grant authority to the City Administrator to issue a change order for an
amount up to the contingency amount.
17. Approve Quitclaim Deed and Fire Lane Easement at 2825 Santa Fe Avenue.
Recommendation:
(1) Find that the 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 and
Deputy City Clerk to execute said document.
NEW BUSINESS
City Clerk Department
18. Resolution No. 2015-03 - A Resolution of the City Council of the City of Vernon
Rescinding the Submission of Ballot Measure N to the Voters of the City of Vernon
as part of the General Municipal Election to be held on April 14, 2015, and
Repealing Certain Subsections of Resolution No. 2015-02.
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;
and
(2) Approve the resolution rescinding the submission of ballot Measure N to the
voters of the City of Vernon, which proposed to amend Chapter 3.3 of Article III
of the City Charter, as part of the General Municipal Election to be held on April
14, 2015.
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January 20, 2015
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Deputy City Clerk Ana Barcia reported on the recommendation to remove Measure N from the
April 14, 2015 election ballot and noted Government Code 53227, advising that City staff is
currently putting together relevant policies that would address this issue.
It was moved by Maisano and seconded by Martinez to approve Resolution No. 2015-03.
Motion carried, 4-0.
Gas and Electric Department
19. Renewable Portfolio Standard Annual Status Report for Calendar Year 2014.
Recommendation:
(1) Find that the approval requested is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment;
and
(2) Receive and acknowledge the annual Renewable Portfolio Standard (“RPS”)
Report for Calendar Year 2014 as presented by the Vernon Gas & Electric
Department. This report is for informational purposes only. There is no fiscal
impact.
Director of Gas and Electric Carlos Fandino conducted the oral report. With no questions of
staff, it was moved by Davis and seconded by Martinez to receive and file the Renewable
Portfolio Standard Annual Status Report for 2014. Motion carried, 4-0.
20. Approve the Usage of a Distinctive Logo for Vernon Gas & Electric.
Recommendation:
(1) Find that the proposed is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and
(2) Approve the implementation of a new logo design for Vernon Gas & Electric
(VG&E), created to identify Vernon’s utility as a unique entity within the City of
Vernon municipal service infrastructure.
Director of Gas and Electric Carlos Fandino presented the proposed Department logo and the
alternatives considered.
The Council members each stated their preference. Senior Advisor to the City Administrator
Fred MacFarlane advised that the full range of the logo’s application should be considered in the
selection process.
It was moved by Maisano and seconded by Davis to select and approve the proposed Vernon Gas
and Electric logo and implementation. Motion carried, 4-0.
Human Resources Department
21. Approval and Authorization to execute a Services Agreement by and between the
City of Vernon and Athens Administrators.
Recommendation:
(1) Find that approval of a services agreement with Athens Administrators to
administer the City’s self-insured workers compensation program 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) Approve the services agreement and authorize the City Administrator’s execution
of a three (3) year services agreement, in substantially the same form as submitted
with the staff report, with Athens Administrators to provide third party
administration services for the City’s self-insured workers compensation program.
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January 20, 2015
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Director of Human Resources Teresa McAllister reported on the recommendation to retain the
services for third party workers’ compensation administrator.
It was moved by Maisano and seconded by Davis to approve the service agreement with Athens
Administrators. Motion carried, 4-0.
Public Works, Water and Development Services Department
22. Subrecipient Agreement between the City of Vernon and the Los Angeles Gateway
Region Integrated Regional Water Management Joint Powers Authority.
Recommendation:
(1) Find that approval of the proposed agreement 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 attached Subrecipient Agreement between the City of Vernon
(“City”) and Los Angeles Gateway Region Integrated Regional Water
Management Joint Powers Authority (“GWMA”), in substantially the same form
as submitted with the staff report, and authorize the City Administrator to execute
the agreement on behalf of the City.
Director of Public Works, Water and Development Services Kevin Wilson reported on the
proposed.
It was moved by Maisano and seconded by Davis to approve the Subrecipient agreement with
Los Angeles Gateway Region Integrated Regional Water Management Joint Power Authority.
Motion carried, 4-0.
ORAL REPORTS
23. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
24. City Council Reports – brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on recent incidents in the City.
Police Captain Michael Gillman reported no vandalism since the last Council meeting.
Fire Chief Michael Wilson reported on the Fire Department’s activity and upcoming CERTS
training for the public and business community.
Director of Public Works, Water and Development Services Kevin Wilson advised that a notice
to customers was issued for the upcoming water rate adjustments. Public workshops on the
proposed zoning ordinance changes are scheduled.
Finance Director William Fox advised that progress is being made on the bond refunding efforts
and that staff would have recommendations at the following Council meeting.
Director of Human Resources Teresa McAllister advised that personnel recruitments are
ongoing.
Economic Development Manager and Successor Agency Staff Alex Kung announced that the
next Oversight Board to the Successor Agency was going to be held on February 5, 2015. Kung
also reported on the Recognized Obligation Payment Schedule.
City Administrator Mark Whitworth announced that a City Clerk candidate has been selected
and is scheduled to start February 9, 2015. Whitworth provided an update on city staff’s
attendance to Congresswoman Roybal-Allard’s function.
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January 20, 2015
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Whitworth provided an update on the Vernon Village Park Apartments and announced that the
Vernon Business and Industry Commission inaugural meeting would take place on February 12,
2015.
NEW BUSINESS (Continued)
25. City Council Determination in the Grievance Appeal Process Regarding the City
of Vernon Firemen’s Association Grievance of Article, Three, Section 7 of the
2012-2014 MOU – Merit Step Advancement.
Recommendation:
(1) Find that the staff report outlining the background of and staff’s recommendation
to deny a grievance filed by the City of Vernon Firemen’s Association (“VFA”) 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) Deny the grievance filed on behalf of the Vernon Firemen’s Association, and all
represented VFA employees alleging breach of merit salary step provision in
applicable 2012-2014 Memorandum of Understanding between the VFA and the
City.
City Administrator Mark Whitworth reported on the item. Director of Human Resources Teresa
McAllister presented a PowerPoint presentation and further reported on the background, timeline
of facts/events, and factors considered by staff in its recommendation. Whitworth presented on
the closing summary and staff’s recommendation to deny the grievance.
Mayor McCormick inquired whether the Vernon Fireman’s Association (“VFA”) had any
comments on the matter
President of the VFA Dean Richens provided comments. He advised that the issue in question
needs to be addressed, and that there should be proper wages for the work VFA members are
doing.
Firefighter/Paramedic Aaron Cass additionally spoke. He also urged the Council to address the
employee’s needs and make VFA members whole for the period of time during which the step
increases were frozen.
Legal Counsel for the VFA Richard Levine distributed documents, documents which augment
the grievance filed on this matter. Legal contentions and evidence were presented. Levine
recommended the rejection of staff’s recommendation and adoption of a resolution granting the
grievance.
Mayor McCormick inquired whether there was any public comment on this item. No one
responded; there were no questions to staff from Council.
CLOSED SESSION
At 10:58 a.m., the City Council enter into closed session to discuss the agendized item.
26. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation.
Government Code Section 54956.9(d)(2)
Number of potential cases: 1
At 11:15 a.m., the City Council exited closed session. City Attorney Hema Patel announced that
there is no reportable action.
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January 20, 2015
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Mayor McCormick directed staff to continue the determination in the Grievance Appeal Process
Regarding the City of Vernon Firemen’s Association Grievance of Article, Three, Section 7 of
the 2012-2014 MOU – Merit Step Advancement to the February 17, 2015, City Council meeting.
The directive was moved by Davis and seconded by Maisano. Motion carried, 4-0.
At 11:17 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk