2016-08-02 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 Office of the City Clerk 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 Office of the City Clerk 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, August 2, 2016, 9:00 a.m.
City Hall, Council Chamber
4305 Santa Fe Avenue
Vernon, California
William J. Davis, Mayor
Yvette Woodruff-Perez, Mayor Pro-Tem
Luz Martinez, Council Member
Melissa Ybarra, Council Member
Leticia Lopez, 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.
PUBLIC HEARING
Police Department
1. Public Hearing on the Proposed Amendments to Section 17.16 of Chapter 17 of the Vernon
Municipal Code to Modify and Clarify the Language in the Camping Ordinance and Encompass,
Among Other Situations, Camping in Recreational Vehicles.
Ordinance No. 1236 - An Ordinance of the City Council of the City of Vernon Amending Section
17.16 to Chapter 17 of the Vernon Municipal Code to Modify and Clarify Rules and Regulations
for Camping Within the City of Vernon and Repealing All Ordinances or Parts Thereof in Conflict
Therewith (first reading)
Regular City Council Meeting Agenda
August 2, 2016
Page 2 of 7
Recommendation:
A. Find that this Ordinance is exempt from California Environmental Quality Act ("CEQA") review,
because the action proposed is administrative and related to general policy that will not result in
direct or indirect physical changes in the environment, and therefore does not constitute a "project"
as defined by CEQA Guidelines section 15378; and
B. Approve the first reading, and adopt at a subsequent meeting, an ordinance amending Section
17.16 of Chapter 17 of the Vernon Municipal Code to 1) modify and clarify the language in the
Camping Ordinance, and 2) encompass, among other situations, camping in recreational vehicles.
NEW BUSINESS
City Administration Department
2. A Resolution of the City Council of the City of Vernon Appointing Kelly Nguyen to Serve as the
Director of Gas and Electric of the City of Vernon and Approving and Authorizing the Execution
of a Related At-Will Employment Agreement.
Recommendation:
A. Find that approval of the attached resolution in this staff report is exempt from California
Environmental Quality Act (CEQA) review, because it is a general administrative activity that will
not result in direct or indirect physical changes in the environment and therefore does not constitute
a “project” as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project,
because such activity will not have any effect on the environment, this action would be exempt
from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA only applies to projects that may have a significant effect on the environment; and
B. Adopt the resolution appointing Kelly Nguyen to serve as the Director of Gas & Electric of the
City of Vernon effective August 15, 2016, approving and authorizing the execution of a related at-
will employment agreement.
3. Oath & Appointment of Kelly Nguyen as Director of Gas and Electric, City of Vernon.
PRESENTATION
4. Financial Results for Fiscal Year 2015-16, Investment Portfolio, and Government Fund Discussion
Presented by: William Fox, Director of Finance
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.
Regular City Council Meeting Agenda
August 2, 2016
Page 3 of 7
Claims Against the City – Received and Filed
5. None
Minutes – To be Received and Filed
6. Minutes of the Regular City Council Meeting held June 7, 2016.
7. Minutes of the Regular City Council Meeting held June 21, 2016.
8. Minutes of the Special City Council Meeting held June 28, 2016.
9. Minutes of the Rescheduled Regular City Council Meeting held July 12, 2016.
10. Minutes of the Regular City Council Meeting held July 19, 2016.
Warrant Registers
11. Ratification of the following City Warrant Register to record the following voided checks:
A. City Warrant Register No. 1444 to record voided Check No. 350320 in the amount of $752.00;
and
B. City Warrant Register No. 1444 to record voided Check No. 350385 in the amount of $100.00;
and
C. City Warrant Register No. 1451 to record voided Check No. 351534 in the amount of $1,837.75;
and
D. City Warrant Register No. 1452 to record voided Check No. 351739 in the amount of $33,152.00.
12. Approval of City Warrant Register No. 1453, totaling $2,008,813.34, which covers the period of
July 12 through July 25, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,374,157.16; and
B. Ratification of the issuance of early checks totaling $378,378.10; and
C. Authorization to issue pending checks totaling $256,278.08; and
D. Voided check No. 351751, 351789 totaling $189.69.
13. Approval of Light & Power Warrant Register No. 418, totaling $6,514,023.68, which covers the
period of July 12 through July 25, 2016, and consists of the following:
A. Ratification of wire transfers totaling $6,342,698.09; and
Regular City Council Meeting Agenda
August 2, 2016
Page 4 of 7
B. Ratification of the issuance of early checks totaling $170,485.68; and
C. Authorization to issue pending checks totaling $839.91.
14. Approval of Gas Warrant Register No. 206, totaling $1,160,746.33, which covers the period of July
12 through July 25, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,138,179.35; and
B. Ratification of the issuance of early checks totaling $14,431.36; and
C. Authorization to issue pending checks totaling $8,135.62
Health and Environmental Control Department
15. June 2016 Health & Environmental Control Department Monthly Report
Police Department
16. Activity Log and Statistical Summary of Arrests and Activities for the period of July 1, through
July 15, 2016, to be received and filed.
Public Works, Water and Development Services Department
17. Acceptance of Work of Petrochem Manufacturing Innovation, LLC (PMI) regarding Contract
CS-0677 - Citywide Slurry Seal, Phase IV Project
Recommendation:
A. Affirm that accepting the work of Petrochem Manufacturing Innovation, LLC, for the Citywide
Slurry Seal, Phase IV Project, Contract No. CS-0677, is categorically exempt under the California
Environmental Quality Act (CEQA) in accordance with Section 15301, Existing Facilities, part
(c), existing highways and streets, because the project is merely to repair existing streets; and
B. Accept the work of Petrochem Manufacturing Innovations, LLC as part of the Citywide Slurry
Seal, Phase IV Project, Contract No. CS-0677, and authorize staff to submit for recordation a
Notice of Completion for the project.
NEW BUSINESS (CONT’D)
City Administration Department
18. Approval of Updated Form At-Will Employment Agreements for Future City of Vernon
Executives
Regular City Council Meeting Agenda
August 2, 2016
Page 5 of 7
Recommendation:
A. Find that approval of the proposed form at-will employment agreements for City of Vernon
executive staff is exempt under the California Environmental Quality Act (CEQA) review, because
it is a general administrative activity that will not result in direct or indirect physical changes in
the environment and therefore does not constitute a “project” as defined by CEQA Guidelines
Section 15378. Furthermore, even if it were a project, because such activity will not have any
effect on the environment, this action would be exempt from CEQA review pursuant to CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have
a significant effect on the environment; and
B. Approve the updated form at-will employment agreements (safety and non-safety) to be used for
City of Vernon executive staff members and staff attorneys (except the City Administrator and
City Attorney) hired by the City Council from this date forward.
Finance Department
19. Property and Casualty Insurance Placements for Fiscal Year 2016-2017
Recommendation:
A. Find that approval of the placement of property and casualty insurance for Fiscal Year 2016-17 is
exempt under the California Environmental Quality Act (CEQA) in accordance with Sections
15060(c)(3), 15378(b)(4), and 15378(b)(5). This is because the activity of authorizing the
placement of insurance will not result in direct or indirect physical changes in the environment
and, therefore, is not a “project,” as defined in Section 15378 of the CEQA Guidelines; and
B. Authorize the City Administrator to bind the City for the annual insurance coverage for Fiscal
Year 2016-17, provided the total annual premiums to be paid shall not exceed $898,085. This
includes the renewal of policies for excess liability insurance, errors & omissions, property, excess
workers’ compensation, crime, pollution liability, and environmental site liability, automobile
physical damage, and cyber liability coverages.
Human Resources Department
20. A Resolution of the City Council of the City of Vernon Delegating Authority to the City
Administrator to Make Determinations Regarding Industrial Disability Retirements
Recommendation:
A. Find that approval of the proposed California Public Employees Retirement System (CalPERS)
Resolution for Delegation of Authority for Industrial Disability Retirements to the City
Administrator is exempt from California Environmental Quality Act (“CEQA”) review, because
it is an administrative activity that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section
15378; and
Regular City Council Meeting Agenda
August 2, 2016
Page 6 of 7
B. Approve the attached resolution delegating authority to the City Administrator to make
applications for disability retirements on behalf of employees to CalPERS, and/or to make
determinations on industrial disability retirement for safety employees once an application is
submitted to CalPERS.
21. A Resolution of the City Council of the City of Vernon Approving the Industrial Disability
Retirement Application of Francesco M. Pirello, a Local Safety Member Formerly Employed by
the City of Vernon (Government Code Sections 21154 and 21156)
Recommendation:
A. Find that approval of an Industrial Disability Retirement for Francesco M. Pirello, Retired Police
Sergeant, is exempt under the California Environmental Quality Act (“CEQA”) review, because it
is an administrative activity that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section
15378; and
B. Rescind Resolution No. 2013-98, denying an Industrial Disability Retirement Application for
Francesco M. Pirello, based on insufficient medical evidence, and based on a re-evaluation of the
case; and
C. Adopt the resolution approving Mr. Pirello’s Industrial Disability Retirement Application as the
findings and determinations pertaining to Mr. Pirello’s Application, pursuant to Government Code
21156, based on further medical evidence that Mr. Pirello is substantially incapacitated from the
performance of his usual and customary duties as a Police Sergeant for the City of Vernon.
Public Works, Water and Development Services Department
22. A Resolution of the City Council of the City of Vernon Approving and Accepting the Grant Deed
Dedicating in Fee a Portion of the Property Located at 5001 Soto Street.
Recommendation:
A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act
(“CEQA”) in accordance with CEQA Guidelines Section 15301(c) because if any construction
occurs as a result of accepting and executing the Grant Deed, the work would merely involve
negligible expansion of an existing street; and; and
B. Adopt the resolution to authorize the Mayor and City Clerk to execute the Certificate of
Acceptance and the Grant Deed for approximately 3,144 square feet of land located at 5001 Soto
Street.
ORAL REPORTS
23. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
Regular City Council Meeting Agenda
August 2, 2016
Page 7 of 7
24. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to
staff.
CLOSED SESSION
25. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2)
Government Code Section 54956.9(a)
A. Name of Case: City of Vernon vs. Citigroup Energy Inc., et al.
United States District Court
Southern District of New York Case No. CV16-2405
B. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al.
Los Angeles Superior Court
Case No. BC620265
26. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957(b)(1)
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 28th day of July 2016.
By: ________________________________
Maria E. Ayala
City Clerk
RECEIVED
JUL 2 5 2016
CIIY CLERl('S OFFICE
RECEIVED
JUL 0 5 20t6
CITY ADMINISTRATIONSTAFF REPORT
VERNON POLICE DEPARTMENT [A-1-,1,?fb
DATE:
TO:
FROM:
RE:
August 2, 2016
Honorable Mayor and Council Members
Daniel Calleros, Chief of Potice fi
AN ORDINAI\CE AMENDING SECTION T7.T6 TO CHAPTER 17 OF
TIIE VERNON MUNICIPAL CODE TO MODIFY AND CLARIFY
RULES AND REGULATIONS FOR CA}IPING WITHIN THE CITY
OF VERNON A}iD REPEALING ALL ORDINANCES OR PARTS
THEREOF IN CONFLICT THEREWITH
Recommendation
A. Find that this Ordinance is exempt from Califomia Environmental Quahty Act C'CEQA)
review, because the action proposed is administrative and related to general policy that will
not result in direct or indirect physical changes in the environment, and therefore does not
constitute a "project" as defined by CEQA Guidelines section 15378; and
B. Approve the first reading, and adopt at a subsequent meeting, an ordinance amending Section
17.16 of Chapter 17 of the Vemon Municipal Code to l) modifu and clarifr the language in
the Camping Ordinance, and 2) encompass, among other situations, camping in recreational
vehicles.
Background
Over the past several months police personnel have noted a spike in incidents ofhomeless
individuals using public areas for personal use. In reviewing the City Ordinances related to the
use ofpublic areas, we have identified a few gaps in coverage and areas that could be
strengthened to ensure consistent and fair application of the laws.
Activities associated with the use ofpublic areas may become disturbing to residents and
businesses and could contribute to a loss ofaccess and enjoyment ofpublic places. In addition,
these types ofactivities might enhance a sense of fear, intimidation, and disorder.
The proposed ordinance will enhance current prohibition of camping on public areas and further
define prohibition and storage of personal property in such areas.
Fiscal Impact
This amendment to the Vemon Municipal Code has no budgetary impact.
Attachment(s)
1. Proposed Ordinance
City of Vernon
4305 Santa Fe Avenue
Vemon, CA 90058
(323) 583-881 l
PLACE:
NOTICE OF PUBLIC HEARING
The City of Vemon will conduct a Public Hearing, which you may attend.
DATE & TIME:
REQTJFST:
Vernon City llall
City Council Chamben
4305 Santa Fe Avenue
Vemon, CA 90058
Tuesday, August 2, 2016, at 9:fl) a.nu
Adoption of the following amendments to Vernon Municipal Code
Chapter 17, Section 17.16:
1) Modify and clariS the language in the Camping Ordinance; and
2) Encnmpass, among other situations, camping in rtcreational vehicles.
Notice is hereby given that a hard copy of the proposed ordinance will be
available for public review during normal business hours in the City Clerk
Department, located at Vemon City Hall, 4305 Santa Fe Avenue, Vemon,
Califomia 90058, between the hours of 7:00 a-m. and 5:30 p.m. Monday
through Thursday.
Staffplans to recommend that the Vemon City Council adopt the Amendments
to the Vemon Municipal Code Chapter 17, Section 17.16, determining that the
amendments will not have a signihcant effect on the environment and are
exempt from the Califomia Environmental Quality Act (CEQA).
REVIEW OFTHE
DOCUMENT:
PROFOSEDCEQA
FINDING:
If you challenge the adoption of this plan, or the CEQA documentation or finding, or any provisions
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 conespondence delivered to the City of Vernon at, or prior
to, the meeting.
Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to
participate in the meeting, please contact the Office ofthe City Clerk at (323) 583-881l.
The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place
without further notice of a public hearing. If you have any questions or concems, please contact Daniel
Calleros, Police Chief by phone at (323) 583-88 I I extension I 14 or by email at dcalleros@covpd.org.
aria E. Ayala€ity Clerk
ORDINA}ICE NO. L236
AN ORDINA}ICE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING SECTION 17.]-6 TO CIIAPTER ]-7 OF
THE VERNON MUNICIPAL CODE TO MODIFY A}ID CLARIFY
RULES AI{D REGUI,ATIONS FOR CAMPING WTTHIN THE
CITY OF VERNON AND REPEAIING ALL ORDINANCES OR
PARTS THEREOF IN CONFLICT THEREWTTH
WHEREAS, the City of Vernon (the "CiEy" ) is a municipal
corporation and a chartered city of Ehe State of California organized
and existing under its CharEer and Ehe Constitutsion of the StsaUe of
California; and
WHEREAS, California Const.itution Article 11, SecEion ?
authorizes the City tso make and enforce within its limits atl 1oca1 ,
police, sanitary, and other ordinances and regrulatsions noE in conflict
wit.h general laws; and
WHEREAS, on February 4, 2008, tshe Cit.y Council of the CiEy of
Vernon adopt.ed Ordinance No. L14L, which esEablished, among ot.her Iaws,
Section L7.l-5 of the Vernon Municipal Code, which prohibits camping
within Ehe Cit,y (the "Camping Ordlnance,,); and
WHEREAS, by memorandum daEed aluly 19, 2016, Ehe Chief of
Police has recommended that tshe Camping Ordinance be amended to modify
and clarify tshe language in Ehe Camping Ordinance to encompass, among
other situations, camping in recreational vehicles; and
WHEREAS, a duly noticed public hearing has been held to
consider Ehe proposed ordj.nance changes and public tsestimony has been
received and considered,- and
WHEREAS, Chapt.er 4.L(f) and (h) of tshe CharEer of Ehe City of
vernon provides that an ordinance sha11 amend a code secEion or repeal
any ordinance or code section previously adopted.
THE CITY COI'NCIL
SECIION 1: The
OF THE CITY OF VERNON HEREBY ORDAINS:
City Council of lhe Citsy of vernon hereby
finds and determines t.hat all the foregoing recitals are true and
correct.
SECTION 2:Section L7.L5 of Ctrapter 7 of the Vernon Municipal
Code is hereby amended as set forEh in Exhibit A which is att.ached heretso
and incorporat.ed by reference .
SECTION 3:Any ordinance or parEs of ordinances in conflict
with this Ordinance are hereby repealed.
SECTION 4: SeverabiliEy. If any chapter, article, secEion,
su.bsecEion, subdivision, paragraph, senEence, clause, phrase, or word in
this Ordinance or any part thereof is for any reason held t,o be
unconstsiEutional or invalid or ineffective by any court of competenE
jurisdiction, such decision shalI not affect the validity or effectiveness
of the remaining port.ions of this Ordinance or .rny part. thereof. The City
Council hereby declares that it would have adopted tshis ordinance and each
chapEer, arlicl-e. secEion, su.bsecEion, subdivision, paragraph, senEence,
clause or phrase Ehereof, irrespect.ive of the fact that any one or more
chaplers, articles, secEions, subsecEions, subdivisions, paragraphs,
sentences, cl-auses, phrases or words be declared unconstitucional, or
invalid, or ineffective.
SECTION 5: Book of Ordinances. The City Clerk, or Depucy
City Clerk, shall atEest. and certsify to tshe adoption of tshis Ordinance and
shall cause chis Ordinance arld tshe Citsy Clerk's, or Deputy City Clerk's,
certification to be enCered in the Book of Ordinances of the Council of
Ehis City. The City Clerk, or Deputy City Clerk, shaII cause this
ordinance to be published or post.ed as required by 1aw.
-2-
SECTION 6: EffecEive Date. This Ordinance shaII go into
effecE and be in fuII force and effecc at l-2:01 a.m. on the thirty-
first (31-st) day af t.er its passage.
APPROVED AND ADOPTED this day of , 201_6 .
Name :
Title: Vtayor / Mayor Pro-Tem
ATTEST:
City Clerk / Depucy CiEy Clerk
APPROVED AS TO FORM:
Brian Byun, Deputsy City AEEorney
-3-
STATE OF CAIIFORNIA ))ss
COTJNTY OF LOS ANGELES )
I,, City Clerk / Deputy City Clerk of Ehe City
of Vernon, do hereby certsify Ehat the foregoing Ordinance, being
Ordinance No. 1235 r^ras du]y and regularly introduced at a regular
meeting of the City Council of the Cit.y of Vernon, held in t.he Citsy of
Vernon on Tuesday, August. 2, 201-5, and thereafter adopted aE a meeting
of said City Council held on Tuesday,
following vote:
, by the
AYES:
NOES:
ABSENT:
Counci- lmembers :
Counci]members:
Councilmembers:
And thereafter was duly signed by tshe Mayor or Mayor Pro-Tem of
the CiEy of Vernon.
Executed this day of , 2016, at Vernon, California.
City Clerk / Deput.y Citsy Clerk
( SEAL )
4
EXHIBIT A
EXHIBIT *4"
CHAPTER 17
OFFENSES-+{I S CEI,I,ANEOUS
Sec. 17.15. Ca.Eplng Prohibited.
(a) Camping is prohibited in or on any pu.blic or private
property located in the City.
(b) As used in this Chapter, t.he following words and
phrases have the meanings set forth in this secEion:
(1) "Camping" means to pIace. pitch or occupy camp
facilities; to live temporarily in a camp facility or out.doors;
or to engage in any of the following activities inside or near
one's camp facilitsies or out.doors:
(A) Cooking on a sEove; or
(B) Bathing; or
(C) Urinatsing or defecating.
(2) " Camp facilities" include, but are not limited
tso, tsents, hut.s, vehicles, recreational vehicles, or temporary
shelters.
(3) "Recreational vehicle" means any of the
following:
(A) Travel traiTer, which means a vehicul-ar
portable structure built on a chassis designed Eo be uEed as a
temporary dwelling for camping, travel, recreational , and
vacation uses, and permanent.ly identified as a travel trailer by
t.he manufacturer;
(B) Camper, which means a sEructure designed
primarily to be mount.ed upon a motor vehicle and with sufficient
facilitsies to render as suit.able for use as a temporary dwelling
for camping, Uravel-, recreational and vacaEion purposes,.
(C) Motorized home, which means a portable,
self-contsained dwelling designed and constructed as an integral
part of a self-propelled vehicle; and
(D) Fu77 tent traiTer, which means a canvas
folding structure mounted on wheels and designed for camping,
travel, recreational , and vacation use.
(2)
(c) Storage of camping faciliEies and paraphernalia used
for camping, including but noE limited to buckets, pots, pans,
cutIery, portable ranges, bedding, pi1lows, sheetss, blankeEs,
sleeping bags, tarps, and backpacks is prohibited in or on any
street and any public parking lot or public area, improved or
unimproved.
(d) The provisions of Ehis Section do not apply to:
(1) portable units which
A. have been acknowledged in writing by
the owner or user t.o be units that are tso be used temporarily
and so1ely in connection wiEh a construction project on tshe same
lot by persons who have a separat.e existing, permanent
residence; and
B. have received written approval from the
DirecEor of Pu-blic Works, Water and Development Services for
such temporary usage,. and
C. are not used for cooking on a sEove,
bathing, or sleeping; or
(2) recreational vehicles which are parked on a
public street when E.he occupants of the recreational vehicle are
guests of the owners or occupants of an adjacent resident.ial
property, and:
A. The recreat.ional vehicle is legally
parked directly adj acent to Ehe residential property where tshe
occupants are guesfs;
B. The overnight camping in tshe
recreational vehicle aE that location does not extend for a
period of more than seven (7) consecutive days;
C. The recreational vehicle is self-
contained and does not require hook-ups to Ehe adjacent
resident.ial properE.y.
(3) Each violation of this Section is hereby decLared tso
be a public nuisance and a misdemeanor, punishable as set forth
in this Code .
RECEIVED
JUL 2 7 2016
ctlyflfnfi'soFt0E
STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
R.E:
vltr
August 2,2016
Honorable Mayor and City Council
Carlos R. Fandino, Jr., City Administrator
Originator: Diana Figueroa, Administrative Secretary
Resolution Appointing Kelly Nguyen to Serve as Director of Vernon Gas &
Electric and Approving the Execution of a Related Employment Agreement
Recommendation
A. Find that approval of the attached resolution in this staff report is exempt from Califomia
Environmental Quality Act (CEQA) review, because it is a general administrative activity
that will not result in direct or indirect physical changes in the environment and therefore
does not constitute a "project" as defined by CEQA Guidelines Section 15378.
Furthermore, even if it were a project, because such activity will not have any effect on
the environment, this action would be exempt from CEQA review pursuant to CEQA
Guidelines Section 15061(bX3), the general rule that CEQA only applies to projects that
may have a significant effect on the environment; and
B. Adopt the attached resolution appointing Kelly Nguyen to serve as the Director of Gas &
Electric of the City of Vemon effective August 15, 2016, approving and authorizing the
execution of a related at-will employment agreement.
Backsround
Following the appointment of Carlos R. Fandino, Jr. as the City Administrator on March 15,
2016 and his simultaneous resigration from the Director of Gas & Electric position. a
recruitment process was initiated by the Human Resources Department to fill the vacancy.
Recruitment Summarv
A broad outreach to potential candidates was conducted, resulting in the receipt of forty-five (45)
applications. Twenty (20) applicants were deemed as highly qualified and advanced to the first
round of interviews conducted by the Director of Human Resources and the Interim Director of
Vemon Gas & Electric. From that pool of candidates, three (3) individuals were recommended
for further consideration and were invited to participate in a second-round of interviews. An
Page I of3
interview panel of intemal stalf was assembled which included the Mayor, City Administrator,
lnterim Director of Gas & Electric, and Director of Human Resources. The two (2) highest-
ranking candidates were referred to the final interview selection with the City Council.
The City Council conducted interviews with the two (2) highest-ranking candidates in Closed
Session at the City Council meeting held on July 12,2016. After thorough consideration and
deliberation, the City Council unanimously determined Kelly Nguyen to be the best-qualified
candidate to meet the needs of the City and the Vemon Gas & Electric Department. As such, the
City Council directed the City Administrator to pursue the employment of Kelly Nguyen as the
Director of Vemon Gas & Electric for the City of Vemon, subject to approval of an at-will
employment agreement and successful completion of the pre-employment process.
Candidate Summarv
Ms. Nguyen currently serves as the Director of Energy Systems at the Southem Califomia Public
Power Authority (SCPPA). She has a strong technical understanding and extensive knowledge
ofthe utility business, bringing over 17 years of experience in the industry to the Vemon Gas &
Electric (VG&E) Depanment. Additionally, through her recent work, Ms. Nguyen has had an
opportunity to form relationships with the management and staff of VG&E, as the department is
a long-standing member of SCPPA.
Over the course of her professional career, Ms. Nguyen has served as Senior Integrated
Resources Planner and Power Resource Scheduler II for the City of Anaheim Public Utilities
(APU), Energy Scheduler for Califomia Energy Resource Scheduling (CERS), and Senior
Supervisor and Market Specialist for Califomia Power Exchange (CdPX).
Ms. Nguyen acquired her Bachelor of Science in Business Administration with a Minor in
Economics from Califomia State University, Los Angeles. She has also pursued industry related
training in the areas of WECCA.IERC Compliance, CAISO Market Operations and Cap & Trade,
just to name a few.
Given Ms. Nguyen's qualifications and extensive experience, she is well suited to meet the needs
of the City's VG&E Department, and will be a valuable addition to the executive team.
At-Will Emoloyment Asreement
The At-Will Employment Agreement for Director of Vemon Gas & Electric has been presented
to Ms. Nguyen and is attached hereto as Exhibit B of the resolution for City Council's approval.
The Agreement establishes an effective date of August 15,2016, and a minimum starting salary
of$223,368 per year, plus all benefits provided to executive personnel.
The proposed Agreement has been reviewed and approved by the City Attomey' office and is
consistent with the newly established at-will form agreement that has been presented to City
Council for approval.
Page 2 of 3
Aooointment and Oath of OIIice
Ms. Nguyen will be in attendance at the August 2, 2016 City Council meeting and will be
prepared to take the oath of offrce at that time. She will assume the duties of the Director of
Vemon Gas & Electric on August 15,2016.
Fiscal Impact
The approximate annual cost to fill the Director of Vemon Gas & Electric position as proposed
in this staff repo( is $298,142 (salary of $221,168, plus fringe benefits). Sufficient funds are
included in the Departrnent's budget for fi scal year 2016-2017 .
Attachment(s)
1. Resolution Appointing Kelly Nguyen to Serve as Director of Vemon Gas & Electric
Page 3 of3
RESOIJUTION NO.
A RESOLUTION OF THE CITY COUNCfL OF THE CITY OF
VERNON APPOINTING KELLY NGTIYEN TO SERVE AS THE
DIRECTOR OF GAS & ELECTRIC OF THE CITY OF VERNON
AND APPROVING AND AIITHORI Z ING THE EXECUTION OF A
REI.ATED AT-WTLL EMPLOYMENT AGREEMENI
WHEREAS, on March ]-5, 2016, following the appoinEment. of
Carlos Fandino, Jr. as tshe Citsy Administrator and his simultaneous
resignation as the Directsor of Gas & Electric, the City Council of the
City of Vernon authorized t.he Human Resources Department to conduct the
recruitment process to f il-I t.he vacancy; and
WHEREAS, the Human Resources DepartmenE created an executive
recruitment brochure for the position (attached herelo as Exhibit A)
and conducted a broad and extensive recruitment thats included multiple
screenings and interviews of numerous applicants; and
WHEREAS, Che Clty Council conducted final interviews of the
two highesE ranking candidat.es at a special CiEy Council meeting on
July 12, 2Ol5; and
WHEREAS, the CiEy Council of the City of Vernon determined
Ke1ly Ngmyen ("N$ryen" ) to be Ehe most qualified candidate and directed
the City Administrator to pursue che employments of N$-ryen as the
Director of cas & Electric of tshe City of vernon, subject to approval
of an at-wi}l employments agreements and successful completion of the
pre - employment process; and
appoint
AugusC
WHEREAS, the City Council of the City of vernon desires to
N$ryen to serve as the Director of Gas & Electric, effective
L5, 20t6 .
NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COI'NCIL OF THE
VERNON AS FOLLOWS :CITY OF
SECTION 1: The Cit.y Council of the CiCy of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2:The CiEy Council of the City of Vernon finds
tshat tshis aclion is exempt from California Environmental Ouality Act
(CEQA) review, because it is a general adminisErative activity thaE.
will not result in directs or indirect physical changes in the
environment and therefore does nots constsitute a "project" as defined
by CEQA Guidelines Section 15378. Furthermore, even if it. were a
project, because such activity will not have any effect on lhe
environment, this action would be exempt. from CEQA review pursuant t.o
CEQA Guidel-ines Section 15061(b) (3), tshe general rule that CEQA only
applies Lo projects that may have a significant. effect on tshe
environment.
SECTTON 3: The City Council of the City of Vernon hereby
of Gas & Electric ofappoints
the City
Kel1y Nguyen to serve as the Direct.or
of Vernon, effectsive Augnrst L5, 2016.
SECTION 4: The CiEy Councif of the City of Vernon hereby
approves and autshorizes the execuEion of tshe AE-WiII Emplolment
Agreement wit.h Ngx.ryen to serve as Director of Gas & Electric of the
Citsy of Vernon, in substantially Ehe same form as the copy which is
attached hereto as Exhibit B.
SECTION 5: The City C1erk, or any authorized officer, shall
administer the Oat.h of Office prescribed in the Const.itution of E.he
Stsate of CaLifornia to Ngruyen and shall have her subscribe to it and
file it wich the Human Resources Departments.
SECTION 5: The CiEy Council of Ehe City of Vernon hereby
directs the CiCy Clerk, or Ehe CiEy Clerk's designee, to give a fulIy
executsed Agreement t,o Nguyen.
2
SECTION 7: The City Clerk, or Deputy City Clerk, of the
CiEy of vernon shall certify to E.he passage. approval and adoption of
this resolution, and the City Clerk. or DepuEy City Clerk, of the Cit.y
of vernon shaIl cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification t.o be entered in the File of Resolut.ions
of the Council of this City.
APPROVED AND ADOPTED this 2.d day of August, 2015.
Name:
Title: l(ayor / Mayor Pro-Tem
ATTEST :
City Cferk / oeputy City Clerk
APPROVED AS TO FORM:
Senior Deputy City Attorney
3
STATE OF CALIFORNIA )) ss
COIJNTY OF LOS ANGELES )
I,, City Clerk / DepuEy City Clerk of the City
of Vernon, do hereby certsify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
Citsy Council of the City of Vernon at a regular meeting of t.he City
Council duly held on Tuesday, Augrus ts 2, 20L5, and thereafter was duly
signed by tshe Mayor or Mayor Pro-Tem of the City of Vernon.
Executed t.his day of August., 2015, aE Vernon, Cafifornia.
City Cl-erk / Deputy City Clerk
(SEAI)
-4-
EXHIBIT A
IITIVITES YOUR
INTEREST IN THE
POSITION OF
DIREGTOR OF GAS AND ELEGTRIG
GITY OF VERNOT{
.l:}O5 SAI{TA FE AVENUE, VERNO , GA 9OO58
EXCLUS IVE LY IND US TRIAL
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THE COMNITJNITY
The City of Vernon is an industrial
city of 5.2 square miles located
about five miles to the southeast of
downtown Los Angeles. Founded
in 1905 as the first exclusively in-
dustrial city in the Southwestern
United States iits residential popu-
lation is 200). Vernon currentl\
houses more than l-800 businesses
that employ approximately 50,000
people, serving as a viul economic
region.
Vernon offers an environment uniquely friendll'to business
and is home to many Fortune 500 companies in industries that
include food and agriculture, apparel, sreel. plastics. logistics
and home fumishings. Vernon maintains strong philanthropic
ties with the neighboring communities u, here much of its
workforce lives, providing significant support fbr public ser-
vices such as health care and education.
Over the years, Vemon has gro*n into one of the rnttst efll-
cient and business friendly city govelnments in the rcgion. This
is due to several factors including:
. Vemon offers an arrav of municipal serl ices tailored to
meet the needs of the business i,.mmurritr .
. Vemon is one of 6l cities in the Lnited Srares u ith :r Class
I rated Fire department and one ot four cities in Califbrnia
with its own Health depanment. specializinsl in industrial
issues.
. Competitive tax levels
. City-owned and operated utilities. crfferins competiti\'.
rates for water, electricitl. gas and fiber optics.
. Vernon was a finalist in the 2015 and 2014 Los Angeles
County Economic Devel(rpment Corporation's \'lost Busi-
ness Friendly Cit.v-,'' auard competition lbr cities u irh less
than 50.000 residents: Vemon uon the ariard rn 2008
THE ORGANIZATION
The five members of the City Council
are elected at large, on a non-partisan
basis, for five year staggered terms
and, as a result of 20ll Charter
amendments, no person may serve
more than two full terms of oIfice.
The Mayor is selected by the Council.7- The City's total budget for FY 2015-16 is a
little over $340 million (the General Fund
budget is almost $57 million) with approxi-
mately 250 employees.
Vemon continues on the path towards creat-
ing greater accountability and transparency
with the goal to create a model govemment.
In the past five years, Vemon has undergone
tremendous change. Through the city's im-
plementation of more than 150 good govem-
ance reforms, Vemon - the city that has
billed itself as "Exclusively Industrial" for
over I 10 years - has firmly established itself
as a model city for good govemance. The
City Council is seeking a Departnent Head
committed to good governance practices.
Key challenges and opoortunities facins
the Director of Vernon Gas & Electric in-
clude:
. Working collaboratively with the City's
executive team and elected officials to
further the City's efforts to become a
model city
. Directing a staff of a6 highly motivated
individuals in a variety of disciplines
. Assuming lead role in managing and bal-
ancing the VG&E annual budget, a $160
million Enterprise Fund
o Negotiating power resources, transmis-
sion and professional service contracts
for the acquisition, development, or man-
agement of power resources on behalf o
VG&E to support various integrated re-
source plans
. Guiding staff to pursue innovative meth-
ods to meet the service goals of the
VG&E operation that will directly im-
pact the future of the city of Vemon
I
visions ofthe City's
Department of Gas
and Electric.
The D ector of Gas and Electric is considered a criti- '
cal member of the Executive team that has been as-
sembled to successfully address and respond to the
myriad of issues that Vemon faces on a daily basis.
ESSENTIAL JOB FUNCTIONS
This is not a comorehensive listins ofall functions and duties
oerformed bv incirmbents in the tlirector ofGas and Electric
tlassificatioi:
. Plans, dirccts, and coordinates thrcugh subordinate staff the Depart-
ment's work plan; assigns projects and prognm ar€as of responsibility;
rcviews and evaluales ]vork methods and procedues; meets with key
stalTto identifr and rtsolve problems.
. Determines the overall Departrnental organizational structure, mission,
corc scrvic€s and allocaion of financial, humal, and capital resources:
develops and administers arurual capita.l and operating budges.
Serves as a technical advisor to the City Adminiskdor and the City
Council reg:rdirg the City's gas amd electric milities.
Plars, organizes, diEc'ts aod reviews all electsical and gas udlity opera-
tions.
Devclops and manages shorl- and long-tefrn Depaftnent goals, objec-
tives, policies, and pmcedures-
Sup€rvises subordinare $aff; sets work priorities; creates work sched-
ul€s; provides tsaining; conducts performance evaluations; r€wards and/
or disciplines employees.
Develops and administers annual opeEling and capital budgcts; moni-
tors budgel, revoue, and expenditure tends; measues dld evaluates
organizational effectiveness.
Coordinares utility engineering projects with City Engineer including
plamin& dirEcting and reviewing the design, consEuction. and mairte-
nance of elertric and gas utility systems.
Develops overall policieg financial resources, and facilig plans for
electric and gas utilities in conjunction with key staffand consultants.
Conducb resource planning with other agencies and businesses requir-
ing negotiarions involving complex terms and conditions for integmted
pov/er resouces and for panicipation in joint ownership of transmis-
sion and generation facilities.
Dirccts the prepararion of technicayadminisrative rcports; prcsents
reporrJrecommendatioos to the City Administ-dtor. City Council,
Boads aDd Commissiolls-
Coordinates *'ith consultants and other agercics on regulatory and leg-
islative maneIs affecting power rEsourc€s and gas operations.
MonitoF and evaluares dre efficiency €nd effectivEness of service de-
livery methods and proc€ducs; monitors and evaluates work loa4 tech-
nicEl suppod systems, intemal reporting relationships, and inter-agency
issuar; idenrifies opporhmiti€s for improvernent, and develops recom-
mendations.
Supports the relalionship between the City of Vemon and the general
public by demonstrating couteous and coopcrdive HlaYior when
intemcting with visitors and City staff; maintains confidentiality of
work-relaed issues and City information: performs other dr.nies as re-
quired or assigned.
The Director of Gas and Elecfic supports the relation-
ship between the City of Vemon and the general pub- .
lic by demonstrating courteous and cooperative behav-
ior when interacting with the public and City Staff.
The Director of Gas and Electric must have diverse
knowledge in a variety of fields and be able to direct
staff. The role requires the oversight of any and all
gas and electric matters, the utilization of expertise to
evaluate solutions, and the ability to provide critical
feedback to urgent, complex issues that arise. Flexi-
bility, Ievelheadedness in high-pressure situations,
effective communication, and delivery of sound di-
rection to staff are components of an effective leader
for the Gas & Electric Department.
THE IDEAL CANDIDATE
ideal candidate is someone who can properly prioritize
workload, follows through, and who is detail ori-
well organized, decisive and has a sense of urgency.
should be a team player ufio is open and approach-
able to identi!, select and motivate subordinate staff;
can handle ambiguity. Furthermore, he/she should be
in a tim€ly manner, to requests from the Coun-
City Administator, Department Heads and the public.
must be hardworking, energetic and confident,
a "can do" attitude. Finally, the Director of Gas and
needs to be trustworthy, ethical, articulate, and
s Degree in Business, Civil or Electrical Engineer-
ing or a closely related field; AND ten years ofutility opera-
experience, including five years ofsupervisory or man-
valid Califomia State Driver's License is required.
valid State of Califomia Grade [I Water Distribution Li-
cense is desirable.
Additional raining/certification may be r€quired.
Applicable regulatory codes and laws regarding the devel-
opmenl construction and operation of gas and electric
utilities.
Customer service standards and Eotocols.
o General Ordeo (CPUC) rul€s for comtuction and mainte-
nance of overhead and undergiound elecrric supply and
communications systems.
MethoG, matsrials, techniques and equipmeflt used in
construction. operalions, inspection, design and mainte-
nance ofgas and electric utilities.
Occupationat hazards and slandad safety procedu€s-
Principles and practices for operating public electric, wa-
ter, and gas utilities; administrative managemenl contract
administrarion and project management. effective employ-
ee supervision. public finance, regulabry management,
st'ategic plarming and water rcsourc€ mz[agement.
Skill in:
. Building efective teams and Foviding efficient customer services.
o Communicating effectively verbally and in writing.
o Delining problerns, esublishing facts, and drawing va.lid canclusiom.
. Dirccting tlle work of subordinate staff ard dcaling tactfully and cour-
teously with the public.
r Establishing and maintaining cooperative working relalionships with
City Adminisu-ator, City Council, managers, supervisors, staff, con-
tractors, suppliers, developers, businesses. extemal public agencies
and the general public.o Formulating and presenting policy recommendations-
. Intelpreting and applying City, state and federal policies, la\xs and
rEgulations.o Investigating, analyzing and r€solving complex and sensitive issu€s
and complaints.. Making appropnaie decisions while ensuring complianc€ with City
goals and objectives.
. Managjrg situdions r€quidng diplomacy, faimess, hrmness and
soundjudgmenL. Opcrating a personal computcr and various software applications.
o Understanding and negotiating complex technical agreements wirh
other agencies.. Using initiatiye and independeflt judgment wirhin Btablished proce'
dural guidelines.
Comoensation:
The proposed monthly salary range for this position is
S 18,248.00-522,180.00. Salary placement depends upon
qualifications- In addition, benefits are provided which in-
clude: vacation, holidays, sick leave and administrative leave;
medical, dental, vision and life insurance aggregate allowance
of $13,440 per year; pre-tax supplemental insurance plans of-
fered tkough AFLAC, Colonial Life, and Mutual of Omaha;
the option of participating in a Section 125 IRS Plan for reim-
buBement of dependent care and medical costs; retirement
though the Califomia Public Employees Retirement System
(CaIPERS), with a 2.7Yo at 55 formula for classic members
(classic employees pay an 8% contribution) a d a zy:o al 62
retirement formula for new members (currently new employ-
ees pay a 6.750lo contribution); 457 defened compensation
plan available at employee cost (City does not contribute); the
City does not participate in Social Security; credit union mem-
bership available. The City has a 4-10 work schedule.
HOW TO APPLY
To apply for this outstanding opporhlnity to
work for a dynamic, growing and progres-
sive City, please visit our website at
h,ww.citvofvernon.orq to apply online.
The City of Vernon is an Equal Opportunity
Employer.
Filin g Dea dline : Tues1!4y,Igff!-2[6
If you have any questions, please do not hesitate to contact
Lisette Michel Grizzelle, in the Human Resources Department
at (323)583-881 1 ext. 166.
EXHIBIT B
AT-WILL EMPLOYMENT AGREEMENT (NON€AFETY)
BETWEEN THE CITY OF VERNON AND
KELLY NGUYEN
This Agreement is between the City of Vernon ("City') and Kelly Nguyen ("Employee").
Rocitals
City desires to employ Employee as an at-will employee in the position of Director of
Gas and Electric. Employee desires to be the Director of Gas and Electric and acknowledges
that such employment is at-will.
The City Administrator, pursuant to the authority granted by the City of Vemon Charter
and City Council, agrees to hire Employee, as an at-will employee, sublect to the terms and
conditions identifi ed below.
AGREEMENT
Section 'l :TERM
The effective date of this Agreement shall beAugust15,2016. Either party may
terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance notice as set forth in Section 8 below.
Section 2: DUTIES
A. City engages Employee as the Director of Gas and Electric to perform the
functions and duties specified in the iob description for the position (Attachment "A",
incorporated herein by this reference), as the same may be modified by the City Administrator,
from time to time, and to perform such other legally permissible and proper duties and functions
as the City Administrator shall, from time to time, assign.
B. Employee agrees that to the best of her ability and experience that she will at all
times conscientiously perform the duties and obligations required, either express or implied, by
the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of
Vernon and the laws and regulations of the State of California and the United States-
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the City Administrator, and
devote whatever time is necessary to fulfill the employment responsibilities and duties as
identified in this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a
valid Califomia Drive/s license.
E. Employee acknowledges that in connection with the performance of her duties,
she will obtain information from City employees and third parties that is of a confidential nalure.
Employee agrees that she will not disclose such confidenilal information other than to officers
and employees of the City who have been authorized to have access to such information.
July 2016
Employee further agrees that if she has a question as to the confidentiality of information
obtained in the course of her employment, she will contact the City Attomey for advice.
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus her professional time, ability and attention to City business
during the term of this Agreement. Consequently, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior written consent of the City Administrator. This does not preclude Employee
from volunteering her services to other entities or individuals as long as such volunteer services
are not in conflict with the services to be provided by Employee under this Agreement.
Section4: COMPENSATION
As compensation for the seNices to be rendered by Employee, City agrees to pay
Employee a base starting salary of no less than $223,368.00, per year, payable in twenty-six
(26) biweekly installments at the same lime as other employees of the City are paid and subject
to customary withholding. Salary adjustments (merit increases), if any, in Employee's salary
during the term of this Agreement shall be at the sole discretion of the City Administrator based
upon the City Administrato/s evaluation of Employee's job performance and within the base
salary range established by the City Council or as otherwise approved by the City Council. Any
and all adjustments shall be in accordance with City personnel policies and procedures.
Employee's salary shall be reflected in the City's publicly available salary schedule.
Section 5: BENEFITS
A. Retirement
As an employee of the City of Vemon, Employee will be enrolled in the Califomia Public
Employees Retirement System (PERS) retirement plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes the 2.7% at 55
benefit formula for "classic" miscellaneous employees or lhe 2.0o/o at 62 benefit formula for
'new" miscellaneous employees. The Employee pays for the employee contribution to PERS.
B. Other Executive Management benefits
Employee shall receive all benefits specified by the then cunent Resolutions of the City
Council of Vemon for Executive Management Staff, including, without limitation, lhose related to
Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life
lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Defened Compensation,
and other types of leave in accordance with the Personnel and Policies and Procedures Manual.
Section 6: TERMINATION AND SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City
Administrator and may be terminated at any time, without cause, subject to the
conditions of paragraphs B and C of this section.
B. ln the event that Employee is terminated by the City Administrator for reasons other
than physical or mental incapacity, and other than those reasons noted in paragraph
)
July 20'16
E, below, the City agrees to pay the employee a severance amount equal to six (6)
months of base salary.
C. To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of her obligations under this Agreement and shall sign a
severance agreement and release of all claims against the City.
D. All severance payments shall be paid within thirty (30) calendar days of the date
Employee executes the severance agreement and release of claims against the City.
E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is
terminated due to insubordination, incapacity, dereliction of duty, violation of the
City's Alcohol and Drug-Free Workplace Policy lll-1, conviction of a crime involving
moral turpitude or involving personal gain to her or abuse of her office or position or
any felony or for a breach of this Agreement, City shall have no obligation to pay any
severance provided in this section. Furthermore, Employee agrees that any
severance provided shall be fully reimbursed to the City if the Employee is convicted
of a crime involving an abuse of her office or position.
F. Upon termination, Employee shall be paid for all earned, but unused, vacation time.
SectionT: EXECUTIVECOMPENSATIONLIMITATIONS
lf Employee is paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of her office or position.
lf Employee is provided funds for any legal criminal defense during her employment with
the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of her office or position.
lf this Agreement is terminated, any cash settlement related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided she is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance writlen
notice of the effective date of her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entitled to payment for
eamed, but unused, vacation time, but not to severance pay as delineated in Section 6,
paragraph B, above.
Section 9: DISABILITY
lf Employee is permanently disabled or otheruise unable to perform her duties because
of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days
beyond any eamed sick leave, City shall have the option to terminate this Agreement; however,
the City's option to terminate under this Section shall be limited by its obligation to engage in the
interactive process for reasonable accommodations and to provide reasonable accommodations
as required by law. Nothing in this Section shall be construed to limit or restrict Employee's
benefits or rights under workers' compensation or the Public Employees Retlrement System
cPERS',).
l
July 2016
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 6 of this Agreement.
ln cases of disability, Employee shall be compensated for any eamed, but unused,
vacation leave.
Section 10: GENERAL PROVISIONS
A. Notice
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, retum receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
TO CITY: Carlos R. Fandino Jr., City Administrator
City of Vemon
4305 Santa Fe Avenue
Vemon, CA 90058
TO EMPLOYEE: Kelly Nguyen
B Entire Agreemont
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications understanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the City Administrator and approved as to form by the City Attomey.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having jurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party to insist on strict compliance with any of the terms, covenants,
or conditions in this Agreement by the other party shall not be doemed a waiver of that term,
covenant or condition, nor shall any waiver or relinquishment of any right or power at any one
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
4
July 2016
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a stale court in Los Angeles County, Califomia. Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effective Date
This Agreement shall take effect on August 15, 2016.
[Signatures Begin on Next Page].
5
July 2016
lN WITNESS WHEREOF, the City of Vemon has caused this Agreement to be signed
and executed on its behalf by its City Administrator, and executed by the Employee.
City of Vemon, a Califomia charter City and
California municipal corporation
Dated:
Carlos R. Fandino Jr.,
City Administrator
ATTEST:
Maria E. Ayala, City Clerk
Approved as to form:
Hema Patel, City Attorney
6
July 2016
ln signing this Agreement, Employee understands and agrees that her employment status is
that of an at-will employee and that her rights to employment with the City are govemed by the
terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of
the City of Vernon which might otherwise apply to employees of the City. Employee further
acknowledges that she was given the opportunity to consult with an attomey prior to signing this
Agreement.
Dated:
Employee
't
July 2016
ATTACHMENT A
Job Descriotion
8
July 2016
JOB DESCRIPTION
Director of Gas and Electric
Date Prepared: March 2016 Class Code:8010
SUMSARY: Under administrative direction, provides leadership and direction over the activities of the City's
Gas and Electric Department.
ESSENTIAL FUNCTIONS: - Essentiat funclions, as defrned under the Aneicans wlh Disabtlities Ad, may indude any of the following
representdive duties, knowledge, and sk ,h. Ih,s is not a @mfieh sive listing of all fundions and fulix pertornd by incumbenls of ,f s class;
enpbyees may be assignd drties v,rhich are not liged below; reasonable accommcd,dions wll be mde as te{]ulred. The lfi desqiption does
nd @nst'frite an employmeflt agref'lmed and ls subjed to dange at any time by the endoyq. Essent?l duties ard respor?s ibilities nay include,
but are not timited to, the following:
. Plans, directs, and coordinates through subordinate staff the Department's work plan; assigns projects
and program areas of responsibility; reviews and evaluates work methods and procedures; meets with key
staff to identiry and resolve problems.
. Determines the overall Departmental organizational structure, mission, core services and allocation of
financial, human, and capital resources; develops and administers annual capital and operating budgets.
. Serves as a technical advisor to the City Administrator and the City Council regarding the City's gas and
electric utilities.. Plans, organizes, dlrects and reviews all electrical and gas utility operations.
. Develops and manages short- and long-term Department goals, objectives, policies, and procedures.
. Supervises subordinate staff; sets work priorities; creates work schedules; provides training; conducts
performance evaluations; rewards and/or disciplines employees.
. Develops and administers annual operating and capital budgets; monitors budget, revenue, and
expenditure trends, measures and evaluates organizational effectiveness.
. Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the
design, conskuction, and maintenance of elec{ric and gas utility systems.
. Develops overall policies, financial resources, and facility plans for electric and gas utilities in conjunction
with key staff and consultants.
. Conducts resource planning with other agencies and businesses requiring negotiations involving complex
terms and conditions for integrated power resources and for participation in joint ownership of
transmission and generation facilities.
o Directs the preparation of technical and administrative reports; presents reports and recommendations to
the City Administrator, City Council, Boards and Commissions.
o Coordinates with consultants and other agencies on regulatory and legislative matters affecting power
resources and gas operations.. Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures;
monitors and evaluates work load, technical support systems, internal reporting relationships, and inter-
agency issues; identifies opportunities for improvement, and develops recommendations.
. Supports the relationship between the Crty of Vemon and the general public by demonstrating courteous
and cooperative behavior when interacting with visitors and City stafi; maintains confidentiality of work-
related issues and City information; performs other duties as required or assigned.
Director of Gas and Electric Vernon CA 1of2
ilII NIMUTI QUALIFIGATIONS:
Education, Training and Experience Guidelines:
Bachelor's Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of
utility operations experience, including five years of supervisory or management experience.
Knowledge of:. Applicable regulatory codes and laws regarding the development, construction and operation of gas and
electric utilities.o City organization, operations, policies, and procedures.. Customer service standards and protocols.. General Orders (CPUC) rules for construction and maintenance of overhead and underground electric
supply and communications systems.o Methods, materials, techniques and equipment used in construction, operations, inspection, design and
maintenance of gas and electric utilities.. Occupational hazards and standard safety procedures.. Principles and practices for operating public electric, water, and gas utilities.. Principles and practices of administrative management.. Principles and practices of contract administration and poect management.o Principles and practices of effective employee supervision.. Principles and practices of public finance.. Principles and practices of regulatory management.. Principles and practices of strategic planning.. Principles and practices of water resource management.
Skill in:o Building effective teams and providing efficient customer services.. Communicating effectively verbally and in writing.. Dealing tactfully and courteously with the public.. Defining problems, establishing facts, and drawing valid conclusions.. Directing the work of subordinate staff.. Establishing and maintaining cooperative working relationships with City Administrator, City Council,
managers, supervisors, staff, contractors, suppliers, developers, businesses, extemal public agencies
and the general public.. Formulating and presenting policy recommendations.. lnterpreting and applying City, state and federal policies, laws and regulations.. lnvestigating, analyzing and resolving complex and sensitive issues and complaints.. Making appropriate decisions while ensuring compliance with City goals and objeciives.. Managing situations requiring diplomacy, fairness, firmness and sound judgment.. Operating a personal computer and various sofhivare applications.. Understanding and negotiating complex technical agreements with other agencies.. Using initiative and independent judgment within established procedural guidelines.
LICENSE AND CERTIFICATION REQUIRETIENTS:
A valid California State Driver's License is required.
A valid State of Califomia Grade ll Water Distribution License is desirable.
Additional training/certifi cation may be required.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT:
Work is performed in a standard office environment; may involve occasional exposure to high voltage
switches and inclement weather-
Diredor of Gas and Electric Vernon CA 2of2
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JUNE 7, 2016 2016, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Woodruff-Perez, Martinez, Ybarra, and Lopez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor Davis; Ybarra led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala noted that the Resolution for Item 22 was corrected for a typo, language
was corrected to state “8 members”, replacing incorrect language of “2 members”.
PUBLIC COMMENT
Mayor Davis 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 public comment provided.
PUBLIC HEARING
Public Works, Water and Development Service Department
1. Resolution No. 2016-26 - Adoption of 2015 Urban Water Management Plan
Recommendation:
A. Conduct a Public Hearing and receive testimony regarding the adoption of the 2015
Urban Water Management Plan; and
B. Find that Adoption of the 2015 Urban Water Management Plan 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 because the plan referenced herewith merely is an update
of the existing 2010 Urban Water Management Plan; and
C. Approve and authorize a Resolution adopting the 2015 Urban Water Management
Plan.
Mayor Davis opened the public hearing at 9:02 a.m.
Director of Public Works, Water and Development Services Derek Wieske reported on the
proposed.
Mayor Davis called for public comment. No public comment provided.
Mayor Davis closed the public hearing at 9:06 a.m.
It was moved by Martinez and seconded by Lopez to approve Resolution 2016-26. Motion carried,
5-0.
CONSENT CALENDAR
John Van de Kamp, Independent Reform Monitor, recommended the Police and Fire Department’s
activity reports be formatted in a more user-friendly style; and for staff to consider including
information on overtime expenditures.
Regular City Council Meeting Minutes
June 7, 2016
Page 2 of 9
It was moved by Martinez and seconded by Woodruff-Perez to approve all matters listed under
the Consent Calendar under one motion as presented. Motion carried, 5-0.
Claims Against the City – Received and Filed
2. None
Warrant Registers
3. Ratification of the following City Warrant Register to record the following voided
checks:
A. City Warrant Register No. 1445 to record voided Check No. 350610 in the amount
of $27.87; and
B. City Warrant Register No. 1448 to record voided Check No. 350915 in the amount
of $202.58
4. Approval of City Warrant Register No. 1449, totaling $1,809,194.35, which covers the
period of May 10 through May 30, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,031,968.48; and
B. Ratification of the issuance of early checks totaling $524,156.61; and
C. Authorization to issue pending checks totaling $253,069.26; and
D. Voided check No. 351126 through 351241 totaling $253,069.26
5. Approval of Light & Power Warrant Register No. 414, totaling $6,602,539.89, which
covers the period of May 10 through May 30, 2016, and consists of the following:
A. Ratification of wire transfers totaling $6,334,703.58; and
B. Ratification of the issuance of early checks totaling $223,819.86; and
C. Authorization to issue pending checks totaling $44,016.45
6. Approval of Gas Warrant Register No. 202, totaling $791,567.76, which covers the
period of May 10 through May 30, 2016, and consists of the following:
A. Ratification of wire transfers totaling $757,444.05; and
B. Ratification of the issuance of early checks totaling $27,762.08; and
C. Authorization to issue pending checks totaling $6,361.63
7. Approval of RDA Obligation Retirement Fund Warrant Register No. 31, totaling
$1,110.00, which covers the period of March 29 through May 30, 2016 and consists
of the following:
A. Ratification of the issuance of early checks totaling $1,100.00
City Administration Department
8. Council Conference Attendance Report - California Contract Cities Association
57th Annual Municipal Seminar
Fire Department
9. Activity Report for the period of May 1 through May 15, 2016
Regular City Council Meeting Minutes
June 7, 2016
Page 3 of 9
Police Department
10. Activity Log and Statistical Summary of Arrests and Activities for the period of May
1, through May 15, 2016, to be received and filed
Public Works, Water and Development Service Department
11. Building Department Report for the Month of April 2016
NEW BUSINESS
City Administration Department
12. Appointment to Vacant City Council Seat on the Vernon CommUNITY Fund Grant
Committee
Recommendation:
A. Find that the appointment of an individual to serve on the Vernon CommUNITY
Fund Grant Committee is exempt from California Environmental Quality Act
(“CEQA”) review, because it is an administrative action that will not result in direct
or indirect physical changes in the environment, and therefore does not constitute a
“project” as defined by CEQA Guidelines section 15378; and
B. Appoint a current City Council Member to fill the vacant City Council Seat on the
Vernon CommUNITY Fund Grant Committee.
Mayor Davis called for a volunteer to fill the vacant City Council seat on the Vernon
CommUNITY Fund Grant Committee.
Councilmember Lopez volunteered.
It was moved by Ybarra and seconded by Martinez to approve Councilmember Lopez’s
appointment to the Vernon CommUNITY Fund Grant Committee, effective immediately. Motion
carried, 5-0.
13. Ratification of Mayor’s Appointment of Eligible Individual to Serve on the Vernon
Housing Commission
Recommendation:
A. Find that ratification of the Mayor’s appointment of an eligible individual to serve
on the Vernon Housing Commission is exempt from California Environmental
Quality Act (“CEQA”) review, because it is an administrative action that will not
result in direct or indirect physical changes in the environment, and therefore does
not constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Ratify the Mayor’s appointment of Frank Gaviña to serve on the Vernon Housing
Commission to fill an unexpired term in a Vernon Business Representative Seat.
City Clerk Maria Ayala reported on the proposed.
Public Comment
John Van de Kamp, Independent Reform Monitor, suggested that Council keep the non-appointed
candidates in mind for future board and commission openings.
It was moved by Ybarra and seconded by Woodruff-Perez to approve the appointment of Frank
Gaviña to serve on the Vernon Housing Commission. Motion carried, 5-0.
Regular City Council Meeting Minutes
June 7, 2016
Page 4 of 9
Gas and Electric Department
14. Biomethane Mutual Option Agreement by and between the City of Vernon and
Element Markets RNG, LLC
Recommendation:
A. Find that (a) the Biomethane Mutual Option Agreement between the City of Vernon
and Element Markets RNG, LLC is not in reference to a “project” subject to the
California Environmental Quality Act (CEQA) under Guidelines section 15378
because it involves the administrative activity of purchasing and selling Biomethane;
and (b) even if this approval were a “project” subject to CEQA, the approval
requested is exempt in accordance with CEQA Guidelines Section 15301(b), the
general rule that CEQA only applies to projects that may have an effect on the
environment because purchasing and selling Biomethane is purely a financial
transaction, and any construction that may occur by a private party in the future in
reliance on this approval would be subject to CEQA review by another governmental
agency at that time when actual details of any physical proposal would be more than
speculative; and
B. Approve the Biomethane Mutual Option Agreement between the City of Vernon
(the “City”) and Element Markets RNG, LLC (“EMRNG”), in substantially the
same form as attached herewith, for the purpose of providing for a Mutual Option
that allows for the City to purchase renewable energy and related carbon allowances
at the most competitive price available in the market in-lieu of receiving biomethane
from Element Markets RNG, LLC. With this arrangement, Vernon Gas & Electric
(“VG&E”) will potentially recognize significant cost savings; and
C. Authorize the Interim Director of VG&E to execute the Biomethane Mutual Option
Agreement by and between the City of Vernon and Element Markets RNG, LLC;
and
D. Authorize the Interim Director of VG&E or his/her designee to execute the
Affidavit, Appendix 1 to the Biomethane Mutual Option Agreement by and between
the City of Vernon and Element Markets RNG, LLC, as often as it may be required
to implement the Biomethane Mutual Option Agreement.
Utilities Engineering Manager Ali Nour reported on the proposed.
It was moved by Woodruff-Perez and seconded by Lopez to approve the Biomethane Mutual
Option Agreement. Motion carried, 5-0.
15. Approving the Issuance of One Notice Inviting Bids for Qualified Manufacturers
and Distributors for the Replacement of Circuit Breakers at Leonis Substation
Identified as a Capital Improvement Project Invitation to Bid No. CB7-2016-2
Recommendation:
A. Find that approval of the proposed issuance of an Invitation to Bid is categorically
exempt under the California Environmental Quality Act (CEQA), in accordance
with CEQA Guidelines section 15301, because the project consists of the
maintenance, repair or minor alteration of existing equipment and involves
negligible or no expansion of an existing use. The equipment referenced herein
merely replaces older equipment and improves electric system efficiency and
reliability in Vernon; and
B. Approve the issuance of Notice Inviting Bid to qualified manufacturers and
distributors for the procurement of necessary vacuum filled Circuit Breakers at
Leonis Substation in order to maintain safety, capacity and reliability.
Regular City Council Meeting Minutes
June 7, 2016
Page 5 of 9
Mr. Nour reported on the proposed.
Mayor Davis asked about oil leaks from the existing breakers. Mr. Nour responded, that leaks are
addressed as soon as they are noted.
It was moved by Ybarra and seconded by Marinez to approve the Notice of Invitation to Bid No.
CB7-2016-2. Motion carried, 5-0.
16. Approving the Issuance of One Notice Inviting Bid for Qualified Manufacturers and
Distributors for the Replacement of Circuit Breakers at Leonis Substation
Identified as a Capital Improvement Project Invitation to Bid No. CB16-2016-1
Recommendation:
A. Find that approval of the proposed issuance of an Invitation to Bid is categorically
exempt under the California Environmental Quality Act (CEQA), in accordance
with CEQA Guidelines section 15301, because the project consists of the
maintenance, repair or minor alteration of existing equipment and involves
negligible or no expansion of an existing use. The equipment referenced herein
merely replaces older equipment and improves electric system efficiency and
reliability in Vernon; and
B. Approve the issuance of Notice Inviting Bid to qualified manufacturers and
distributors for the procurement of necessary vacuum filled Circuit Breakers at
Leonis Substation in order to maintain safety, capacity and reliability.
Mr. Nour reported on the proposed.
It was moved by Woodruff-Perez and seconded by Lopez to approve the Notice of Invitation to
Bid No. CB16-2016-1. Motion carried, 5-0.
17. Request for Approval of Randall Foods, Inc. Optical Fiber Use Agreement No.15
Recommendation:
A. Find that the approval requested in this staff report is exempt under the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines
Section 15301(b), which exempts minor extensions of utility services involving
negligible or no expansion of use beyond that existing at the time of the lead
agency’s determination, and under Section 15061(b)(3), the general rule that
CEQA only applies to projects that may have an effect on the environment,
because the proposal will not require any construction, and the only physical
change to the environment is stringing a few hundred feet of fiber optic cabling
(of roughly ½ inch in diameter) from existing utility poles onto private property;
and
B. Approve and authorize the execution of Optical Fiber Use Agreement No. 15 with
Randall Foods, Inc. and the related Short Form IRU-15.1 Indefeasible Right of
Use Agreement, in substantially the same form as submitted herewith, for the
purpose of leasing unused fiber optic cable. Upon approval, construction for the
implementation of an Optical Fiber Connection will commence.
Mr. Nour reported on the proposed.
It was moved by Ybarra and seconded by Lopez to approve the Optical Fiber Use Agreement No.
15. Motion carried, 5-0.
Public Works, Water and Development Services Department
18. Resolution No. 2016-27 - A Resolution Approving the Warehouse Special Parcel Tax
Rate Adjustment for Fiscal Year 2016/2017
Regular City Council Meeting Minutes
June 7, 2016
Page 6 of 9
Recommendation:
A. Find that the approval of the proposed resolution does not constitute a “project”
pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California
Environmental Quality Act (“CEQA”), because it constitutes an administrative
activity and government funding mechanism that does not involve any commitment
to any specific project which may result in a potentially significant impact on the
environment; and even if the adoption of the proposed resolution did constitute a
project, it would be exempt from CEQA in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have a significant effect
on the environment; and
B. Adopt a resolution setting the Warehouse Special Parcel Tax rate at $30.045 per 100
square feet of gross area of land for Fiscal Year 2016/2017 and submitting the
Warehouse Special Parcel Tax List to the Los Angeles County Auditor Controller’s
Office.
Director of Public Works, Water and Development Services Derek Wieske reported on proposed
items 18 through 21.
It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2016-27. Motion
carried, 5-0.
19. Resolution No. 2016-28 – A Resolution Approving the One Year Billing Agreement
with Los Angeles County Auditor-Controller to Collect and Distribute the
Warehouse Special Parcel Tax for Fiscal Year 2016/2017
Recommendation:
A. Find that the approval of the proposed resolution does not constitute a “project”
pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California
Environmental Quality Act (“CEQA”), because it constitutes an administrative
activity and government funding mechanism that does not involve any commitment
to any specific project which may result in a potentially significant impact on the
environment; and even if the adoption of the proposed resolution did constitute a
project, it would be exempt from CEQA in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have a significant effect
on the environment; and
B. Adopt a resolution to authorize the Finance Director to enter into an Agreement for
Billing of Direct Assessments (Warehouse Special Parcel Tax) with the Los Angeles
County Auditor-Controller’s Office for the collection and distribution of the
Warehouse Special Parcel Tax for Fiscal Year 2016/2017; and
C. Authorize the Finance Director to file the Agency Information Sheet with the County
of Los Angeles Auditor-Controller for the Warehouse Special Parcel Tax.
It was moved by Ybarra and seconded by Woodruff-Perez to approve Resolution No. 2016-28.
Motion carried, 5-0.
20. Resolution No. 2016-29 - A Resolution Approving the Public Safety Special Parcel
Tax Rate Adjustment for Fiscal Year 2016/2017
Recommendation:
A. Find that the approval of the proposed resolution does not constitute a “project”
pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California
Environmental Quality Act (“CEQA”), because it constitutes an administrative
activity and government funding mechanism that does not involve any commitment
to any specific project which may result in a potentially significant impact on the
Regular City Council Meeting Minutes
June 7, 2016
Page 7 of 9
environment; and even if the adoption of the proposed resolution did constitute a
project, it would be exempt from CEQA in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have a significant effect
on the environment; and
B. Adopt a resolution setting the Public Safety Special Parcel Tax rate at $0.03098 per
square foot of taxable parcel area for Fiscal Year 2016/2017 and submitting the
Public Safety Special Parcel Tax List to the Los Angeles County Auditor
Controller’s Office.
It was moved by Martinez and seconded by Lopez to approve Resolution No. 2016-29. Motion
carried, 5-0.
21. Resolution No. 2016-30 – A Resolution Approving the One Year Billing Agreement
with Los Angeles County Auditor-Controller to Collect and Distribute the Public
Safety Special Parcel Tax for Fiscal Year 2016/2017
Recommendation:
A. Find that the approval of the proposed resolution does not constitute a “project”
pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California
Environmental Quality Act (“CEQA”), because it constitutes an administrative
activity and government funding mechanism that does not involve any commitment
to any specific project which may result in a potentially significant impact on the
environment; and even if the adoption of the proposed resolution did constitute a
project, it would be exempt from CEQA in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have a significant effect
on the environment; and
B. Adopt a resolution to authorize the Finance Director to enter into an Agreement for
Billing of Direct Assessments (Public Safety Special Parcel Tax) with the Los
Angeles County Auditor-Controller’s Office for the collection and distribution of
the Public Safety Special Parcel Tax for Fiscal Year 2016/2017; and
C. Authorize the Finance Director to file the Agency Information Sheet with the County
of Los Angeles Auditor-Controller for the Vernon Public Safety Special Parcel Tax.
It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-30.
Motion carried, 5-0.
22. Resolution No. 2016-31 – A Resolution Supporting Senate Bill 1472 to Expand the
Los Angeles County Metropolitan Transportation Authority Board
Recommendation:
A. Find that the approval of the proposed resolution in this staff report is exempt from
California Environmental Quality Act (CEQA) review, because the action is a
general policy and procedure making activity that will not result in direct or indirect
physical changes in the environment, and therefore does not constitute a “project”
as defined by CEQA Guidelines section 15378; and
B. Adopt a resolution supporting Senate Bill 1472 to expand the Los Angeles County
Metropolitan Transportation Authority Board with two additional public members.
Director Wieske reported on the proposed.
Saeed Ali, Senior Policy Analyst for Senator Mendoza, updated the Council on SB 1472 and
Vernon’s role on the Metro Board.
Director Wieske listed the other municipalities supporting SB 1472.
Regular City Council Meeting Minutes
June 7, 2016
Page 8 of 9
It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2016-31. Motion
carried, 5-0.
23. Acceptance of Work of Cora Constructors, Inc. regarding Contract No. CS-0522,
Furnish and Install One New 300KW Cummins Diesel Power Generator
Recommendation:
A. Affirm that accepting the work of Cora Constructors, Inc., (Furnish and Install One
New 300KW Cummins Diesel Power Generator), Contract No. CS-0522, is
categorically exempt under the California Environmental Quality Act (CEQA) in
accordance with CEQA Guidelines 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
B. Accept the work of Cora Constructors, Inc., as part of the project (Furnish and Install
One New 300KW Cummins Diesel Power Generator), Contract No. CS-0522.
Director Wieske reported on the proposed.
It was moved by Ybarra and seconded by Martinez to approve Contract No. CS-0522. Motion
carried, 5-0.
ORAL REPORTS
24. City Administrator Reports – brief reports on activities and other brief announcements by
the City Administrator and Department Heads.
Police Captain Michael Gillman reported on the following: June 5 suspect arrested for spray
painting a business in the 2600 block of Fruitland Avenue; June 6 commercial burglary in the 2900
block of Santa Fe Avenue, detectives investigating; and also reported that Chief Calleros is
participating in the 30th Anniversary of the Law Enforcement Torch Run for the Special Olympics
today.
Fire Chief Mike Wilson reported on the following: July 19th Ground Breaking Ceremony;
addressing activity report improvements; June 26th training at Verdugo dispatch; May 20th, fire
crews responded to a dust explosion and hopper fire at 4618 Pacific Boulevard; and June 4th,
Vernon Fire Engine 11 and a Battalion Chief were part of a strike team that responded to the
Calabasas Fire.
Director of Public Works, Water and Development Services Derek Wieske gave an update on the
following: the Gateway Cities COG Board Meeting; meeting with the Metro CEO regarding
Measure R2; the Eco Rapid Transit Board meeting and the Vernon Housing Commission on
Wednesday; and the leasing of groundwater rights.
Utilities Compliance Manager Ali Nour gave a short PowerPoint Presentation on the transformer
upgrades throughout the City.
Director of Finance William Fox gave an update on the budget process; the commencement of the
FY 2016-2017 Annual Audit; and the status of the Infrastructure Asset Study.
Interim Director of Health and Environmental Service Lewis Pozzebon gave a brief update on the
outreach and education efforts of the Exide cleanup project.
Director of Human Resources Isaac Garibay gave a brief update on the VG&E Director recruitment
and ongoing labor negotiations.
City Administrator Carlos Fandino gave a brief update on the Vernon CommUNITY Fund Grant
Committee meeting on June 14th; filling current and upcoming Commission and Committee
vacancies; and notices of the Regional Training Center Groundbreaking Ceremony.
Regular City Council Meeting Minutes
June 7, 2016
Page 9 of 9
25. City Council Reports – brief report on activities, announcements, or directives to staff.
No reports provided.
Mayor Davis recessed the meeting at 10:20 a.m. and reconvened at 10:30 a.m.
CLOSED SESSION
At 10:30 a.m., the City Council entered into closed session to discuss the following agendized
items:
26. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator
Employee Organizations: Teamsters Local 911,
IBEW Local 47,
Vernon Firemen's Association,
Vernon Fire Management Association,
Vernon Police Management Association
27. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(a)
Name of Case: City of Vernon vs. Citigroup Energy Inc., et al.
United States District Court
Southern District of New York Case No. CV16-2405
Title: City Attorney
At 10:46 a.m. the City Council exited closed session. City Attorney Hema Patel announced two
items were discussed and that there was no reportable action from closed session.
With no further business, at 10:47 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JUNE 21, 2016 2016, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Woodruff-Perez, Martinez, Ybarra, and Lopez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor Davis; Battalion Chief Todd Painton led
the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that there were no changes to the agenda.
PUBLIC COMMENT
Mayor Davis 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.
Sandra Rivera Orozco, Southeast Political Activist, spoke about the Maywood Fire.
PUBLIC HEARING
1. Public Hearing on the Adoption of the Fiscal Year 2016-2017 Proposed Citywide
Budget
Resolution No. 2016-32 - A Resolution of the City Council of the City of Vernon
Approving a Budget for the Fiscal Year 2016-2017
Recommendation:
A. Find that adoption of the resolution proposed in this staff report is exempt from the
California Environmental Quality Act (CEQA), because adoption of the budget is
the creation of a government funding mechanism or other government fiscal activity
that does not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment and is therefore not a
“project” as defined under Section 15378(b)(4). Further, even if adoption of the
budget were considered a “project,” it would be exempt from CEQA review in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have a significant effect on the environment; and
B. Adopt a resolution approving the citywide balanced budget for fiscal year 2016-
2017, with estimated budgeted revenues and expenditures of $335,803,236.
City Administrator Carlos Fandino gave an overview of the Fiscal Year 2016-2017 Proposed
Citywide Budget.
Mayor Davis opened the Public Hearing at 9:11 a.m.
Finance Director William Fox gave a PowerPoint Presentation on the Proposed Citywide Budget.
Public Comment
Marisa Olguin, Vernon Chamber of Commerce, commented on the City’s budget process;
recommending staff present historical budget information with budget actuals from previous years.
Councilmember Ybarra asked staff if feasible, for budget actuals. Director Fox explained that
during the budget study sessions the forecast numbers contained actual year-to-date figures and
Regular City Council Meeting Minutes
June 21, 2016
Page 2 of 10
the forecasts for the remaining year. Ybarra made a formal request for budget actuals information
to be presented at a future meeting. Director Fox replied that those figures would be provided.
John van de Kamp, Independent Special Council, asked when the labor negotiations would be
completed and if the budget would be revised. Director Fox responded that the budget would be
revised pending the labor negotiations; and that it was anticipated that negotiations would be
completed in the near future.
Ms. Olguin made a brief statement regarding Council’s responsibilities towards good governance
and transparency.
Mayor Davis closed the Public Hearing at 9:36 a.m.
It was moved by Martinez and seconded by Woodruff-Perez to approve the Fiscal Year 2016-2017
Proposed Citywide Budget and Resolution No. 2016-32. Motion carried, 3-2. Yaes: Davis,
Woodruff-Perez, and Martinez. Noes: Ybarra and Lopez.
2. Public Hearing on the Adoption of the City of Vernon Fiscal Year 2016-17 State
Appropriation Limit, following Article XIIIB of the State Constitution (often
referred to as the GAAN Limit)
Resolution No. 2016-33 - A Resolution of the City Council of the City of Vernon
Adopting an Appropriation Limit for the 2016-2017 Fiscal Year, pursuant to
Government Code Section 7910
Recommendation:
A. Find that adoption of the Fiscal Year 2016-2017 Appropriation Limit proposed in
this staff report is exempt under the California Environmental Quality Act (CEQA),
because such action is a government fiscal activity that will not result in direct or
indirect physical changes in the environment, and therefore does not constitute a
“project” as defined by CEQA Guidelines section 15378; and
B. Establish the City’s Appropriation Limit for the Fiscal Year 2016-2017 in the
amount of $1,096,662,762 based on the percentage growth in the State Per Capita
Personal Income and County Population.
Mayor Davis opened the Public Hearing at 9:41 a.m.
Finance Director William Fox reported on the proposed.
No Public Comment provided.
Mayor Davis closed the Public Hearing at 9:41 a.m.
It was moved by Martinez and seconded by Woodruff-Perez to approve the Fiscal Year 2016-17
State Appropriation Limit and Resolution No. 2016-33. Motion carried, 5-0.
PRESENTATIONS
3. Service Pin Awards for May 2016
Presented by: Isaac Garibay, Director of Human Resources
NAME DEPARTMENT TITLE YEARS
Fernando R. Rodriguez Police Police Sergeant 30
Gerardo C. Farias Public Works Senior Maintenance Worker
Specialist
25
Wesley Cruz Public Works Plumbing & Mechanical
Inspector
20
Anthony Encinas II Police Police Officer 15
Regular City Council Meeting Minutes
June 21, 2016
Page 3 of 10
Director of Human Resources Isaac Garibay recognized the two service pin recipients in
attendance: Wesley Cruz and Anthony Encinas II.
Police Chief Daniel Calleros briefly acknowledged Police Office Encinas’ accomplishments
during his 15-year tenure with the Vernon Police Department.
CONSENT CALENDAR
It was moved by Ybarra and seconded by Martinez to approve all matters listed under the Consent
Calendar under one motion as presented. Motion carried, 5-0.
Claims Against the City – Received and Filed
4. Claim for Damages from Francisco A. Alvarado received on June 14, 2016 in the
amount of $25,000,000.
Minutes – To be Received and Filed
5. Minutes of the Regular City Council Meeting held March 1, 2016.
6. Minutes of the Regular City Council Meeting held March 15, 2016.
7. Minutes of the Regular City Council Meeting held April 5, 2016.
Warrant Registers
8. Ratification of the following City Warrant Register to record the following voided
checks:
A. City Warrant Register No. 1449 to record voided Check No. 351298 in the amount
of $750.00.
9. Approval of City Payroll Warrant Register No. 720, totaling $3,021,957.07, which
covers the period of May 1 through May 31, 2016 and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $2,090,393.33; and
B. Checks and electronic fund transfers (EFT) totaling $931,563.74.
10. Approval of City Warrant Register No. 1450, totaling $1,996,839.46, which covers
the period of May 31 through June 13, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,491,620.86; and
B. Ratification of the issuance of early checks totaling $400,818.77; and
C. Authorization to issue pending checks totaling $104,399.83; and
D. Voided check No. 351360 totaling $38,000.00.
11. Approval of Light & Power Warrant Register No. 415, totaling $3,311,468.36, which
covers the period of May 31 through June 13, 2016, and consists of the following:
A. Ratification of wire transfers totaling $3,200,770.80; and
B. Ratification of the issuance of early checks totaling $105,804.69; and
C. Authorization to issue pending checks totaling $4,893.59.
Regular City Council Meeting Minutes
June 21, 2016
Page 4 of 10
12. Approval of Gas Warrant Register No. 203, totaling $6,850.48, which covers the
period of May 31 through June 13, 2016, and consists of the following:
A. Ratification of issuance of early checks totaling $6,673.48; and
B. Authorization to issue pending checks totaling $177.00.
Police Department
13. Activity Log and Statistical Summary of Arrests and Activities for the period of May
16, through May 31, 2016, to be Received and Filed
Gas and Electric Department
14. Correction to the Procedures for Calculating the Renewable Energy Cost
Adjustment Factor
Recommendation:
A. Find that (a) the Correction to the Procedures for Calculating the Renewable Energy
Cost Adjustment Factor is not in reference to a “project” subject to the California
Environmental Quality Act (CEQA) under Guidelines section 15378 because it
involves the administrative activity of correcting an existing procedure and (b) even
if this approval were a “project” subject to CEQA, the approval requested is exempt
in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA
only applies to projects that may have an effect on the environment because
correcting the procedures for calculating the renewable energy cost adjustment
factor is purely an administrative activity, and any construction that may occur by a
private party in the future in reliance on this approval would be subject to CEQA
review by another governmental agency at that time when actual details of any
physical proposal would be more than speculative; and
B. Approve the Correction to the Procedures for Calculating the Renewable Energy
Cost Adjustment Factor, in substantially the same form as attached herewith, for the
purpose to aligning the computation of the Renewable Energy Cost Adjustment
Factor with the intent of Resolution No. 2011-184.
15. Request for Approval of Papa Cantella's Inc. Optical Fiber Use Agreement No. 16
Recommendation:
A. Find that the approval requested in this staff report is exempt under the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section
15301(b), which exempts minor extensions of utility services involving negligible
or no expansion of use beyond that existing at the time of the lead agency’s
determination, and under Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment, because the proposal
will not require any construction, and the only physical change to the environment
is stringing a few hundred feet of fiber optic cabling (of roughly ½ inch in diameter)
from existing utility poles onto private property; and
B. Approve and authorize the execution of Optical Fiber Use Agreement No. 16 with
Papa Cantella’s Inc., and the related Short Form IRU-16.1 Indefeasible Right of Use
Agreement, in substantially the same form as submitted herewith, for the purpose of
leasing unused fiber optic cable. Upon approval, construction for the
implementation of an Optical Fiber Connection will commence.
Health and Environmental Control Department
16. May 2016 Health & Environmental Control Department Monthly Report
Regular City Council Meeting Minutes
June 21, 2016
Page 5 of 10
Public Works, Water and Development Services Department
17. Building Department Report for the Month of May 2016
18. Master Encroachment Agreement No. 422 – Crown Castle NG West, LLC
Recommendation:
A. Find that the approval of the Master Encroachment Agreement (the “Agreement”)
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 which have the potential for causing a significant effect on the
environment; and
B. Approve Master Encroachment Agreement No. 422 between the City of Vernon and
Crown Castle NG West LLC, in substantially the same form as submitted herewith.
NEW BUSINESS
City Administration Department
19. Appointment of Eligible Individuals to Serve on the Vernon Business & Industry
Commission
Recommendation:
A. Find that the appointment of eligible individuals to serve on the Vernon Business &
Industry Commission and the appointment of a current City Council Member to
serve on the Vernon Business & Industry Commission are exempt from California
Environmental Quality Act (“CEQA”) review, because they are administrative
actions that will not result in direct or indirect physical changes in the environment,
and therefore do not constitute a “project” as defined by CEQA Guidelines section
15378; and
B. Appoint an eligible individual to serve on the Vernon Business & Industry
Commission for a four year term in a Vernon Business Representative Seat with a
term of July 1, 2016 to June 30, 2020; and
C. Appoint an eligible individual to serve on the Vernon Business & Industry
Commission for a four year term in a Vernon Real Estate Representative Seat with
a term of July 1, 2016 to June 30, 2020; and
D. Appoint a current City Council Member to serve on the Vernon Business & Industry
Commission for a four year term in the City Council Representative Seat with a term
of July 1, 2016 to June 30, 2020.
City Clerk Maria Ayala reported on the proposed.
Robert Wendoll was nominated by Mayor Davis for the Vernon Business Representative Seat.
Jack Cline was nominated by Mayor Davis for the Vernon Real Estate Representative Seat.
Mayor Davis volunteered for the City Council Representative Seat.
It was moved by Martinez and seconded by Ybarra to approve the appointments of Robert
Wendoll, Jack Cline, and Mayor Davis to the Vernon Business & Industry Commission. Motion
carried, 5-0.
20. Appointments of Eligible Individuals to Serve on the Vernon CommUNITY Fund
Grant Committee
Regular City Council Meeting Minutes
June 21, 2016
Page 6 of 10
Recommendation:
A. Find that the appointment of eligible individuals to serve on the Vernon
CommUNITY Fund Grant Committee is exempt from California Environmental
Quality Act (“CEQA”) review, because it is an administrative action that will not
result in direct or indirect physical changes in the environment, and therefore does
not constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant
Committee in a Legislative Representative Seat with a term of July 1, 2016 to June
30, 2018; and
C. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant
Committee in a Vernon Business Representative Seat with a term of July 1, 2016 to
June 30, 2018.
City Clerk Maria Ayala reported on the proposed.
David Juarez was nominated by Council Member Ybarra for the Legislative Representative Seat.
Steve Veres was nominated by Mayor Davis for the Legislative Representative Seat.
It was moved by Ybarra and seconded by Martinez to approve the appointment of David Juarez.
It was moved by Davis to approve the appointment of Steve Veres. Motion failed for lack of a
second.
Juliet Goff was nominated by Council Member Ybarra for the Business Representative Seat.
It was moved by Ybarra and seconded by Lopez to approve the appointment of Juliet Goff.
John Van de Kamp, Independent Special Council, recommended Council to keep Steve Veres as
the Legislative Representative.
Ybarra retracted her nomination of David Juarez, Martinez retracted her second in kind.
It was moved by Ybarra and seconded by Martinez to approve the appointment of Steve Veres
It was moved by Martinez and seconded by Ybarra to approve the appointments of Steve Veres
and Juliet Goff to the Vernon CommUNITY Fund Grant Committee. Motion carried, 5-0.
Mr. Van de Kamp wanted to note that another seat was going to be terming out soon and Mr.
Juarez should be considered for that.
21. Approval of Legacy LA Youth Development Corporation’s (Legacy) request for
$1,000,000 for Phase I Construction Projects and Disbursement of Funds Once
Certain Conditions are Met in Accordance with the Grant Agreement
Recommendation:
A. Find that approval of Legacy LA’s request for $1,000,000 for Phase I Construction
Projects and disbursement of funds proposed in this staff report is exempt from the
California Environmental Quality Act (“CEQA”), because such action is a
governmental fiscal activity and therefore not a “project” as defined under CEQA
Guidelines § 15378. CEQA review of the actual construction project was, has been
or will have been conducted by the lead agency with physical jurisdiction over the
project; and
B. Approve Legacy LA’s request for $1,000,000 for Phase I Construction Projects; and
Regular City Council Meeting Minutes
June 21, 2016
Page 7 of 10
C. Approve disbursement of $1,000,000 to Legacy LA for Phase I of Construction
Projects once conditions are met in accordance with the grant agreement.
Finance Director William Fox reported on the proposed.
Public Comment
Fred MacFarlane, Senior Advisor to the City Administrator, briefly spoke about the benefits of the
project.
Lou Calanche, Executive Director of Legacy LA, briefly explained the program and thanked the
City for the commitment and contribution.
Sandra Rivera Orozco, Southeast Political Activist, thanked the City Council for supporting this
item.
It was moved by Ybarra and seconded by Lopez to approve the request and disbursement of funds
for Legacy LA’s Phase I Construction Projects. Motion carried, 5-0.
City Clerk Department
22. Biennial Review of City of Vernon's Master Conflict of Interest Code
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (“CEQA”) review, because it is a continuing administrative activity that
will not result in direct or indirect physical changes in the environment, and therefore
does not constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Direct staff to conduct the biennial review of the City of Vernon’s Master Conflict
of Interest Code, and by October 1, 2016, to do one of the following:
1. Submit proposed revisions to the City Council, or
2. Recommend to City Council that no revisions be made.
City Clerk Maria Ayala reported on the proposed.
It was moved by Ybarra and seconded by Martinez to direct staff to conduct biennial review.
Motion carried, 5-0.
23. Resolution No. 2016-34 - A Resolution of the City Council of the City of Vernon
Abolishing the Vernon Housing Authority
Recommendation:
A. Find that approval of the proposed action is exempt from California Environmental
Quality Act (“CEQA”) review, because it is a continuing administrative activity that
will not result in direct or indirect physical changes in the environment, and therefore
does not constitute a “project” as defined by CEQA Guidelines section 15378; and
B. Adopt resolution abolishing the Vernon Housing Authority.
City Clerk Maria Ayala reported on the proposed.
It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-34.
Motion carried, 5-0.
Regular City Council Meeting Minutes
June 21, 2016
Page 8 of 10
Fire Department
24. Approval of First Amendment to Agreement Number C-125491 of City of Los
Angeles Contract between the City of Los Angeles and the City of Vernon in
Connection with the Fiscal Year 2014 Urban Areas Security Initiative Grant
Program
Recommendation:
A. Find that approval of the amendment proposed is exempt from California
Environmental Quality Act (“CEQA”) review, because it is a government fiscal
activity that will not result in direct or indirect physical changes in the environment,
and therefore does not constitute a “project” as defined by CEQA Guidelines section
15378; and
B. Approve the First Amendment to Agreement Number C-125491 of City of Los
Angeles Contract between the City of Los Angeles and the City of Vernon in
connection with the Fiscal Year 2014 Urban Areas Security Initiative (“2014
UASI”) grant program, in substantially the same form as submitted herewith, and
authorize the Mayor to execute documents necessary to obtain additional grant
funds. Due to reallocation of 2014 UASI funds, the City of Los Angeles has
approved and increased the City of Vernon’s grant funds by the amount of
$1,000,000.00.
Battalion Chief Todd Painton reported on the proposed.
It was moved by Martinez and seconded by Ybarra to approve the First Amendment to Agreement
Number C-125491. Motion carried, 5-0.
Public Works, Water and Development Services Department
25. Resolution No. 2016-35 - A Resolution of the City Council of the City of Vernon
Approving and Authorizing the Execution of a Standard Agreement By and
Between the City of Vernon and the State of California High Speed Rail Authority
for the High Speed Rail Project
Recommendation:
A. Find that the approval of the proposed Standard Agreement in this staff report is
exempt from the California Environmental Quality Act (CEQA) review, in
accordance with CEQA Guidelines Section 15262, because the project only involves
feasibility or planning studies for possible future actions which the City has not
approved, adopted, or funded; and
B. Adopt the resolution approving and authorizing the execution of a Standard
Agreement with the State of California High-Speed Rail Authority (Authority) and
the City of Vernon for the High Speed Rail Project. City staff will perform a
technical engineering review of the proposed alignment, identify potential conflicts
with the City’s transportation infrastructure, and to coordinate communications with
the Authority for a not to exceed amount of $425,118.49 commencing July 1, 2016
through July 1, 2019 or upon execution of the Standard Agreement, whichever is
later.
Director of Public Works, Water and Development Services Derek Wieske reported on the
proposed.
It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-35.
Motion carried, 5-0.
26. Authorization to Solicit Bids to Lease of 1,500 Acre-feet of Adjudicated Water
Rights to Outside Water Purveyors
Regular City Council Meeting Minutes
June 21, 2016
Page 9 of 10
Recommendation:
A. Find that the Lease of 1,500 Acre-feet of Adjudicated Water Rights 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
B. Authorize staff to solicit bids for the Lease of up to 1,500 Acre-feet of Adjudicated
Water Rights to water purveyors within the Central Water Basin; and grant
authorization to the City Administrator to execute any and all documents pursuant
to the leasing of water rights.
Director of Public Works, Water and Development Services Derek Wieske reported on the
proposed.
Mayor Davis asked about the term of the lease. Director Wieske replied that it is a one year lease.
It was moved by Martinez and seconded by Woodruff-Perez to authorize the solicitation of bids.
Motion carried, 5-0.
ORAL REPORTS
27. City Administrator Reports – brief reports on activities and other brief announcements by
the City Administrator and Department Heads.
Police Chief Daniel Calleros reported on the following: June 16 street sexual assault on the 4600
block of 52nd Street; June 20th burglary on the 2600 block of 26th street; and the felony hit and run
last month.
Battalion Chief Todd Painton gave a brief update on the Maywood Fire.
Director of Public Works, Water and Development Services Derek Wieske reported on the last
meeting of the Vernon Housing Commission and the upcoming joint meeting between the Gateway
Cities and Eco Rapid Transit.
Interim Director of Gas and Electric Peter Hervish reported that the website was updated with
Alyso Canyon and Flex Alert information, and he also commended his staff and the Fire
Department for their response to the Maywood Fire.
City Clerk Maria Ayala informed the Council that the July 5th Regular Council Meeting would be
moved to July 12th; gave a brief overview of the Agenda QR code creation; and informed the
Council of the July 31st deadline for filing of the Form 470.
City Administrator Carlos Fandino commended the City’s response to the Maywood Fire.
28. City Council Reports – brief report on activities, announcements, or directives to staff.
No reports provided.
Mayor Davis recessed the meeting at 10:38 a.m. and reconvened at 10:47 a.m.
CLOSED SESSION
At 10:47 a.m., the City Council entered into closed session to discuss the following agendized
items:
29. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator
Regular City Council Meeting Minutes
June 21, 2016
Page 10 of 10
Employee Organizations:
Teamsters Local 911,
IBEW Local 47,
Vernon Firemen's Association,
Vernon Fire Management Association,
Vernon Police Management Association
30. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(a)
Name of Case: City of Vernon vs. Citigroup Energy Inc., et al.
United States District Court
Southern District of New York Case No. CV16-2405
At 11:34 a.m. the City Council exited closed session. City Attorney Hema Patel announced that
two items were discussed and there was no reportable action from closed session.
With no further business, at 11:34 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JUNE 28, 2016, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Woodruff-Perez, Martinez, Ybarra, and Lopez
MEMBERS ABSENT: None
The meeting was called to order at 9:01 a.m. by Mayor Pro-Tem Woodruff-Perez; Councilmember
Ybarra led the flag salute.
CHANGES TO THE AGENDA
Deputy City Clerk Matthew Ceballos announced that there were no changes to the agenda.
PUBLIC COMMENT
Mayor Pro-Tem Woodruff-Perez 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 Public Comment was provided.
PRESENTATIONS
1. Emergency Proclamation Ratification – Maywood Fruitland Fire
Recommendation
Ratify the Emergency Proclamation signed by Mayor William Davis, issued on June 23rd,
2016, to declare the existence of a local emergency in the City of Vernon as a result of
the Maywood Fruitland Fire which began on June 14th, 2016.
Fire Chief Michael Wilson introduced the Emergency Proclamation, and briefly spoke about the
Maywood Fire.
Councilmember Lopez asked about air purification in Vernon; Fire Chief Wilson explained the
process involving air sampling.
Councilmember Ybarra requested the air filters be changed in Vernon housing rental units.
At about 9:06 a.m. Mayor Davis joined the meeting.
A dialogue ensued between Chief Wilson and the Council about the air quality, ash contamination,
and cleanup efforts. Deputy City Attorney Zaynah Moussa requested the Council keep to the item
at hand.
It was moved by Ybarra and seconded by Lopez to approve the Ratification of the Emergency
Proclamation. Motion carried, 5-0.
With no further business, at 9:09 a.m., Mayor Pro-Tem Woodruff-Perez adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JULY 12, 2016, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Woodruff-Perez, Martinez, Ybarra, and Lopez
MEMBERS ABSENT: None
The meeting was called to order at 9:01 a.m. by Mayor Davis; Mayor Davis led the flag salute.
CHANGES TO THE AGENDA
City Clerk Maria Ayala announced that Item No. 13 would be moved to the beginning of the New
Business section of the Agenda.
PUBLIC COMMENT
Mayor Davis 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.
John Van de Kamp, Independent Special Council, encouraged Council to ask questions on agenda
items. He also implored Council to provide reasoning and possibly additional direction to staff
when either dissenting or agreeing on items. Mr. Van de Kamp also gave a brief update on the
vacancy rate of industrial real estate in the City of Vernon.
Dean Richens, President of Vernon Fireman Association Local 2312, gave a brief overview of the
Vernon Fire Department and the labor negotiations that took place.
Gavin Villarreal, Historian, briefly spoke about a historical battle site in Vernon during the
Mexican-American War. Noted that the monument in Vernon is in severe disrepair and wanted to
bring it to the attention of the Council.
PRESENTATIONS
1. Proclamation: Recognition of Retired City Council Member – W. Michael
McCormick
Presented by: Carlos Fandino, City Administrator
Carlos Fandino, City Administrator, presented the proclamation to W. Michael McCormick.
Mayor Davis congratulated Mr. McCormick on his service and presented Mr. McCormick with an
encased City Flag.
Police Chief Calleros congratulated Mr. McCormick and thanked him for his 40+ years of service
to the City.
W. Michael McCormick accepted the proclamation and flag, and thanked the Council for the
recognition.
John Van de Kamp, Independent Special Council, congratulated Mr. McCormick.
Kim Tachiki-Chin, Senior Field Deputy for Congresswoman Lucille Roybal-Allard, presented a
letter of recognition from the Congresswoman to Mr. McCormick.
CONSENT CALENDAR
It was moved by Ybarra and seconded by Woodruff-Perez to approve all matters listed under the
Consent Calendar under one motion as presented. Motion carried, 5-0.
Regular City Council Meeting Minutes
July 12, 2016
Page 2 of 8
Mayor Davis recessed the meeting at 9:27 a.m.
The meeting reconvened at 9:41 a.m.
Claims Against the City – Received and Filed
2. None
Minutes – To be Received and Filed
3. Minutes of the Regular City Council Meeting held April 19, 2016.
4. Minutes of the Regular City Council Meeting held May 3, 2016.
5. Minutes of the Regular City Council Meeting held May 17, 2016.
Warrant Registers
6. Approval of City Warrant Register No. 1451, totaling $985,326.86, which covers the
period of June 14 through June 27, 2016, and consists of the following:
A. Ratification of wire transfers totaling $472,469.90; and
B. Ratification of the issuance of early checks totaling $449,991.29; and
C. Authorization to issue pending checks totaling $62,865.67; and
D. Voided check No. 351494 totaling $18.40.
7. Approval of Light & Power Warrant Register No. 416, totaling $6,346,869.12, which
covers the period of June 14 through June 27, 2016, and consists of the following:
A. Ratification of wire transfers totaling $6,228,891.79; and
B. Ratification of the issuance of early checks totaling $112,200.18; and
C. Authorization to issue pending checks totaling $5,777.15.
8. Approval of Gas Warrant Register No. 204, totaling $884,840.04, which covers the
period of June 14 through June 27, 2016, and consists of the following:
A. Ratification of wire transfers totaling $834,815.43; and
B. Ratification of the issuance of early checks totaling $37,925.83; and
C. Authorization to issue pending checks totaling $12,098.78.
City Administration Department
9. Report on Fiscal Year 2015/2016 Docket IV Grants Awarded by Vernon
CommUNITY Fund Grant Committee
Recommendation:
A. Receive and file this report as it is being provided for informational purposes only
pursuant to Section 2.167(e) of the Vernon Municipal Code.
Fire Department
10. Activity Report for the period of May 16 through May 31, 2016.
Regular City Council Meeting Minutes
July 12, 2016
Page 3 of 8
11. Activity Report for the period of June 1 through June 15, 2016.
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of
June 1, through June 15, 2016, to be received and filed
Public Works, Water and Development Service Department
14. Amendment No. 3 to an Agreement with Kronick Moskovitz Tiedemann & Girard
for Legal Services Related to the Vernon Village Park Development Project
Recommendation:
A. Find that approval of the proposed amendment to the Kronick Moskovitz
Tiedemann & Girard Agreement is exempt from California Environmental Quality
Act (CEQA) review, because it is an administrative activity that will not result in
direct or indirect physical changes in the environment, and therefore is not a
“project’ as defined by CEQA Guidelines, Section 15378; and
B. Authorize the Mayor to execute Amendment No. 3 to the Kronick and Moskovitz
Tiedemann & Girard Agreement dated November 20, 2012, increasing the
maximum fees by $6,000 for a total not-to-exceed cost of $116,000.
NEW BUSINESS
Public Works, Water and Development Service Department
13. Approval of an Implementation Agreement with Gateway Cities Council of
Governments (GCCOG) for the Atlantic Avenue/Boulevard Corridor Study
Recommendation:
A. Find that the proposed action is statutorily exempt from California Environmental
Quality Act (“CEQA”) review, in accordance with CEQA Guidelines § 15262,
because the project only involves feasibility or planning studies for possible future
actions which the City has not approved, adopted, or funded; and
B. Authorize the City Administrator to execute the Implementation Agreement
between the City of Vernon and the Gateway Cities Council of Governments (the
“Agreement”), for the Atlantic Avenue/Boulevard Corridor Study; and
C. Appoint a member of the City Council to the Atlantic Avenue/Boulevard Corridor
Studies Committee.
Director of Public Works, Water and Development Services Department Wieske reported on the
proposed.
Woodruff-Perez volunteered to serve on the Atlantic Avenue/Boulevard Corridor Studies
Committee.
It was moved by Ybarra and seconded by Martinez to authorize the City Administrator to execute
the agreement and to appoint Woodruff-Perez to serve on the Atlantic Avenue/Boulevard Corridor
Studies Committee. Motion carried, 5-0.
Human Resources Department
15. Resolution No. 2016-36 - 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, 2016 through June
30, 2019
Regular City Council Meeting Minutes
July 12, 2016
Page 4 of 8
Recommendation:
A. Find that the adoption of the resolution approving the Memorandum of
Understanding by and between the City of Vernon and the Vernon Firemen’s
Association proposed in this staff report is exempt under the California
Environmental Quality Act (“CEQA”) review, because it is an administrative
action that will not result in direct or indirect physical changes in the environment,
and therefore does not constitute a “project” as defined by CEQA Guidelines
section 15378; and
B. Adopt the attached resolution approving the Memorandum of Understanding by
and between the City of Vernon and the Vernon Firemen’s Association for the
period of July 1, 2016 through June 30, 2019.
City Administrator Carlos Fandino reported on the proposed.
It was moved by Martinez and seconded by Woodruff-Perez to approve the Memorandum of
Understanding by and between the City of Vernon and the Vernon Firemen’s Association.
Motion carried, 5-0.
16. Resolution No. 2016-37 - 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 Fire Management Association for the Period of July 1, 2016 through
June 30, 2019
Recommendation:
A. Find that the adoption of the resolution approving the Memorandum of
Understanding by and between the City of Vernon and the Vernon Fire
Management Association proposed in this staff report is exempt under the
California Environmental Quality Act (“CEQA”) review, because it is an
administrative action that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a “project” as defined by CEQA
Guidelines section 15378; and
B. Adopt the attached resolution approving the Memorandum of Understanding by
and between the City of Vernon and the Vernon Fire Management Association for
the period of July 1, 2016 through June 30, 2019.
City Administrator Carlos Fandino reported on the proposed.
It was moved by Woodruff-Perez and seconded by Martinez to approve the Memorandum of
Understanding by and between the City of Vernon and the Vernon Fire Management Association.
Motion carried, 5-0.
17. Resolution No. 2016-38 - A Resolution of the City Council of the City of Vernon
Approving Amendment No. 2 to the Vernon Police Officers’ Benefit Association
2014-2017 Memorandum of Understanding
Recommendation:
A. Find that approval of the proposed Amendment No. 2 to the Vernon Police
Officers’ Benefit Association 2014-2017 Memorandum of Understanding is
exempt under the California Environmental Quality Act ("CEQA") review,
because it is an administrative action that will not result in direct or indirect physical
changes in the environment, and therefore does not constitute a “project” as defined
by CEQA Guidelines section 15378; and
Regular City Council Meeting Minutes
July 12, 2016
Page 5 of 8
B. Adopt the attached resolution approving Amendment No. 2 to the Vernon Police
Officers’ Benefit Association 2014-2017 Memorandum of Understanding to amend
the following provisions:
1) Article Two, Section 2, Term
2) Article Three, Section 3, Merit Steps
3) Article Three, Section 4, Salary Adjustment Increase
4) Article Seven, Section 4, Cafeteria Plan
5) Article Seven, Section 6, Vision Plan
6) Article Seven, Section 8, Retiree’s Medical.
C. Authorize the City Administrator and Director of Human Resources to execute the
attached Amendment No. 2 to the 2014-2017 Memorandum of Understanding
between the City of Vernon and employees represented by the City of Vernon
Police Officers’ Benefit Association.
City Administrator Carlos Fandino reported on the proposed.
It was moved by Woodruff-Perez and seconded by Ybarra to approve Amendment No. 2 to the
Vernon Police Officers’ Benefit Association 2014-2017 Memorandum of Understanding.
Motion carried, 5-0.
18. Resolution No. 2016-39 - A Resolution of the City Council of the City of Vernon
Approving the Memorandum of Understanding by and between the City of Vernon
and the Vernon Police Management Association for the Period of July 1, 2016
through June 30, 2019
Recommendation:
A. Find that the adoption of the resolution approving the Memorandum of
Understanding by and between the City of Vernon and the Vernon Police
Management Association proposed in this staff report is exempt under the
California Environmental Quality Act (“CEQA”) review, because it is an
administrative action that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a “project” as defined by CEQA
Guidelines section 15378; and
B. Adopt the attached resolution approving the Memorandum of Understanding by
and between the City of Vernon and the Vernon Police Management Association
for the period of July 1, 2016 through June 30, 2019.
City Administrator Carlos Fandino reported on the proposed.
It was moved by Martinez and seconded by Lopez to approve the Memorandum of Understanding
by and between the City of Vernon and the Vernon Police Management Association.
Motion carried, 5-0.
19. Resolution No. 2016-40 - 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 Teamsters Local 911 for the Period of July 1, 2016 through June 30, 2019
Recommendation:
A. Find that the adoption of the resolution approving the Memorandum of
Understanding by and between the City of Vernon and Teamsters Local 911
proposed in this staff report is exempt under the California Environmental Quality
Act (“CEQA”) review, because it is an administrative action that will not result in
direct or indirect physical changes in the environment, and therefore does not
constitute a “project” as defined by CEQA Guidelines section 15378; and
Regular City Council Meeting Minutes
July 12, 2016
Page 6 of 8
B. Adopt the attached resolution approving the Memorandum of Understanding by
and between the City of Vernon and Teamsters Local 911 (“Teamsters”) for the
period of July 1, 2016 through June 30, 2019.
City Administrator Carlos Fandino reported on the proposed.
Councilmember Ybarra asked what the cap is for the double time was, City Administrator Fandino
answered the maximum cap being 24 hours for double time.
It was moved by Ybarra and seconded by Martinez to approve the Memorandum of Understanding
by and between the City of Vernon and Teamsters Local 911. Motion carried, 5-0.
20. Resolution No. 2016-41 - 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 International Brotherhood of Electrical Workers Local 47 for the Period of
July 1, 2016 through June 30, 2019
Recommendation:
A. Find that the adoption of the resolution approving the Memorandum of
Understanding by and between the City of Vernon and the International
Brotherhood of Electrical Workers Local 47 proposed in this staff report is exempt
under the California Environmental Quality Act (“CEQA”) review, because it is an
administrative action that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a “project” as defined by CEQA
Guidelines section 15378; and
B. Adopt the attached resolution approving the Memorandum of Understanding by
and between the City of Vernon and the International Brotherhood of Electrical
Workers Local 47 (“IBEW”) for the period of July 1, 2016 through June 30, 2019.
City Administrator Carlos Fandino reported on the proposed.
It was moved by Martinez and seconded by Woodruff-Perez to approve the Memorandum of
Understanding by and between the City of Vernon and Teamsters Local 911.
Motion carried, 5-0.
ORAL REPORTS
21. City Administrator Reports – brief reports on activities and other brief announcements by
the City Administrator and Department Heads.
Police Chief Daniel Calleros reported on the following: June 27th fireworks seizure on the 3100
block Fruitland Avenue; update on a previously reported hit and run, suspect was recently
extradited from Alabama; July 6 Farmer John demonstration; Police Department Pink Patch
Project for breast cancer awareness month; and thanked VPOBA for their help.
Police Captain Michael Gillman reported on the following: no reports of graffiti or vandalism;
Mayor Davis reported graffiti on the west side of Boyle Avenue; and City Administrator Carlos
Fandino reported graffiti on a business near the north side of Leonis Boulevard.
Fire Chief Mike Wilson reported on the following: Groundbreaking ceremony after the Council
meeting; the Verdugo dispatch transition; brief update on the Maywood fire; Department overtime
report; 3 new employees completed the 6th month exams; other trainings; and the recent fireworks
seizure.
Mayor Pro-Tem Woodruff-Perez wanted to know if the Council could still listen to emergency
dispatch calls. Fire Chief Wilson responded that new radios would be provided to Council.
Director of Public Works, Water and Development Services Derek Wieske reported on the
following: Smaller cities addition to the upcoming Measure R; slurry seal project completion;
Regular City Council Meeting Minutes
July 12, 2016
Page 7 of 8
Regional fire training center project; housing remodel project; completed minor repair projects;
meetings with local developers; and an engineer will be leaving to assume a new position at another
City.
Director of Finance Bill Fox reported that the external auditor will begin next week; and, Alex
Kung, Economic Development Manager, is leaving to assume a new position at another City.
Interim Director of Health and Environmental Control Lewis Pozzebon also gave an update on the
Maywood fire and ash contamination; reported on the Exide lead contamination samples; the
general information provided to residents; and the coordinated outreach effort.
Director of Human Resources Isaac Garibay thanked the Council for their support throughout the
labor negotiations process.
City Clerk Maria Ayala reported on the fully functional QR code and it being posted throughout
City Hall and the community.
City Administrator Carlos Fandino reported on the following: Chief Wilson’s retirement on
December 15th, a recruitment process will soon begin; employee appreciation BBQ; fire training
center groundbreaking ceremony; Vernon Gas and Electric Director interviews; latest issue of the
Vernon Quarterly; and thanked the Council for approval of the MOU’s.
22. City Council Reports – brief report on activities, announcements, or directives to staff.
Mayor Pro-Tem Woodruff-Perez directed Human Resources to work with the City Administrator
and the City Attorney, to explore the possibility of hiring a Director of Public Safety, in lieu of a
Fire Chief and a Police Chief. She requested information to include a cost saving study, the
legalities, ethical issues, and recruitment possibilities. Requested a timeline of the report progress.
Director of Human Resources Isaac Garibay responded he would provide a timeline to Council on
the requested report at the 2nd meeting in August.
Mayor Davis recessed the meeting at 10:37 a.m. and reconvened at 10:45 a.m.
CLOSED SESSION
At 10:45 a.m., the City Council entered into closed session to discuss the following agendized
items:
23. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(a)
Name of Case: City of Vernon vs. Citigroup Energy Inc., et al.
United States District Court
Southern District of New York Case No. CV16-2405
24. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Director of Gas & Electric
Closed session matters were recessed and reconvened at 11:00 a.m. at a different location,
Conference Room No. 1, for further discussion.
At 12:12 p.m., the City Council exited closed session from Conference Room No. 1. City Attorney
Hema Patel announced that two items were discussed and that there was no reportable action from
closed session.
With no further business, at 12:12 p.m., Mayor Davis adjourned the meeting.
Regular City Council Meeting Minutes
July 12, 2016
Page 8 of 8
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, JULY 19, 2016, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Davis, Woodruff-Perez, Martinez, Ybarra, and Lopez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor Davis; Mayor Pro-Tem Woodruff-Perez
led the flag salute.
CHANGES TO THE AGENDA
No changes to the Agenda.
PUBLIC COMMENT
Mayor Davis 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.
Congresswoman Lucille Roybal-Allard, 40th Distinct of California, thanked the Council for their
support of her annual art competition. She presented Council with a framed print of the winning
entry.
John Van de Kamp, Independent Special Council, recognized the Congresswoman for her
commitment to and continued support of Vernon.
PRESENTATIONS
1. California Highway Patrol, “CHP “10851” Grand Theft Auto Recovery Award”
presented to Police Officers Gustavo Herrera and Luis Vasquez
Presented by: CHP Representative(s) and Vernon Police Department, Chief Daniel
Calleros
Police Chief Daniel Calleros introduced the two award recipients, and briefly spoke about the
merits of their award.
CHP Captain Paul Medeiros presented Police Officers Gustavo Herrera and Luis Vasquez with the
awards.
2. Service Pin Awards for June 2016
NAME DEPARTMENT TITLE YEARS
William J. Davis Council Mayor 35
David P. LeDuff Health Chief Deputy Director of
Environmental Health
15
Kent M. Stevenson Jr. Police Police Officer 15
Jose M. Ramos
Police Police Officer 15
Michael E. Shehata City
Administration/IT
Division
Information Technology
Analyst
5
Director of Human Resources Isaac Garibay presented the services awards to the following
employees who were in attendance: William J. Davis, David P. LeDuff, and Michael E.
Shehata.
Regular City Council Meeting Minutes
Jul 19, 2016
Page 2 of 7
3. Update on the State Budget and Legislation
Presented by: Senator Ricardo Lara, California’s 33rd Senate District
Senator Ricardo Lara, California’s 33rd Senate District, provided a PowerPoint Presentation.
CONSENT CALENDAR
It was moved by Martinez and seconded by Ybarra to approve all matters listed under the Consent
Calendar under one motion as presented. Motion carried, 5-0.
Claims Against the City – Received and Filed
4. None
Warrant Registers
5. Ratification of the following Light & Power Warrant Registers to record the
following voided checks:
A. Light & Power Warrant Register No. 392 to record voided Check No. 511482 in
the amount of $51.90.
6. Approval of City Payroll Warrant Register No. 721, totaling $2,818,603.29, which
covers the period of June 1 through June 30, 2016 and consists of the following:
A. Ratification of direct deposits, checks and taxes totaling $1,918,141.15; and
B. Checks and electronic fund transfers (EFT) totaling $900,462.14.
7. Approval of City Warrant Register No. 1452, totaling $3,015,458.42, which covers
the period of June 28 through July 11, 2016, and consists of the following:
A. Ratification of wire transfers totaling $1,657,415.12; and
B. Ratification of the issuance of early checks totaling $832,399.92; and
C. Authorization to issue pending checks totaling $525,643.38.
8. Approval of Light & Power Warrant Register No. 417, totaling $721,919.57, which
covers the period of June 28 through July 11, 2016, and consists of the following:
A. Ratification of wire transfers totaling $548,367.33; and
B. Ratification of the issuance of early checks totaling $172,052.74; and
C. Authorization to issue pending checks totaling $1,499.50.
9. Approval of Gas Warrant Register No. 205, totaling $184,904.27, which covers the
period of June 28 through July 11, 2016, and consists of the following:
A. Ratification of wire transfers totaling $91,010.35; and
B. Ratification of the issuance of early checks totaling $93,893.92.
City Administration
10. Council Conference Attendance Report
Recommendation:
Regular City Council Meeting Minutes
Jul 19, 2016
Page 3 of 7
A. Receive and file this Council Conference Attendance Report for the Independent
Cities Association 56th Annual Summer Seminar.
Gas and Electric Department
11. Award of Bid and Purchase Contract to Schneider Electric, Inc. for Furnishing and
Delivering Medium Voltage Vacuum Circuit Breakers for the Vernon Gas &
Electric Department (Bid Specification #CB16-2016-1)
Recommendation:
A. Find that approval of the proposed purchase of 16 KV circuit breakers is exempt
from California Environmental Quality Act (CEQA) review, because such purchase
is a continuing administrative activity that will not result in direct or indirect
physical changes in the environment, and therefore does not constitute a "project"
as defined by CEQA Guidelines Section 15378, and that even if such purchase were
a project, it would be categorically exempt in accordance with CEQA Guidelines
section 15301, because it consists of the maintenance, repair, or minor alteration of
existing equipment and involves negligible or no expansion of an existing use. The
equipment referenced herein merely replaces older equipment and improves
electric system efficiency and reliability in Vernon; and
B. Accept that Schneider Electric, Inc. was the lowest responsive and responsible
bidder for bid specification #CB16-2016-1, relating to the purchase of 16 KV
Medium Voltage Vacuum Circuit Breakers for Leonis Substation; and
C. Award bid and authorize the Purchasing Department to issue one purchase order
contract for a two (2) year term to Schneider Electric, Inc. for a grand total amount,
not to exceed, $235,693.37, including taxes; and
D. Reject all other bids.
12. Award of Bid and Purchase Contract to Schneider Electric, Inc. for Furnishing
and Delivering Medium Voltage Vacuum Circuit Breakers for the Vernon Gas &
Electric Department (Bid Specification #CB7-2016-2)
Recommendation:
A. Find that approval of the proposed purchase of 7 KV circuit breakers is exempt
from California Environmental Quality Act (CEQA) review, because such purchase
is a continuing administrative activity that will not result in direct or indirect
physical changes in the environment, and therefore, does not constitute a "project"
as defined by CEQA Guidelines Section 15378, and that even if such purchase were
a project, it would be categorically exempt in accordance with CEQA Guidelines
section 15301, because it consists of the maintenance, repair, or minor alteration of
existing equipment and involves negligible or no expansion of an existing use. The
equipment referenced herein merely replaces older equipment and improves
electric system efficiency and reliability in Vernon; and
B. Accept that Schneider Electric, Inc. was the lowest responsive and responsible
bidder for bid specification #CB7-2016-2, relating to the purchase of 7 KV Medium
Voltage Vacuum Circuit Breakers for Leonis Substation; and
C. Award bid and authorize the Purchasing Department to issue one purchase order
contract for a two (2) year term to Schneider Electric, Inc. for a grand total amount,
not to exceed, $63,971.50 including taxes; and
D. Reject all other bids
Regular City Council Meeting Minutes
Jul 19, 2016
Page 4 of 7
Human Resources
13. Approving and Authorizing Amendment No. 1 to the Services Agreement for
Health Benefit Consulting Services with Alliant Insurance Services, Inc. for a Ninety
(90) Day Extension
Recommendation:
A. Find that approval of the proposed ninety (90) day extension for a Services
Agreement for Health Benefit Consulting Services with Alliant Insurance Services,
Inc. is exempt from California Environmental Quality Act (“CEQA”) review,
because it is a continuing administrative activity that will not result in direct or
indirect physical changes in the environment, and therefore does not constitute a
“project” as defined by CEQA Guidelines section 15378; and
B. Find that, pursuant to Council’s authority under Vernon Municipal Code §
2.17.12(B)(2) and for the reasons set forth in this staff report, “the best interests of
the City are served by a direct award [extension] of the contract without a
competitive selection process”; and
C. Approve and authorize the execution of Amendment No. 1 for a ninety (90) day
extension of a Services Agreement with Alliant Insurance Services, Inc. and the
City of Vernon for Health Benefit Consulting Services for a not to exceed amount
of $18,500, and commencing June 18, 2016 and not to exceed ninety (90) days.
Police Department
14. Activity Log and Statistical Summary of Arrests and Activities for the period of
June 16, through June 30, 2016, to be received and filed.
Public Works, Water and Development Services Department
15. Building Department Report for the Month of June 2016
16. Master Encroachment Agreement No. 423 with XO Communications Services, LLC
for Construction, Installation and Maintenance of a network of
Telecommunications Facilities
Recommendation:
A. Find that the approval of the Master Encroachment Agreement (the “Agreement”)
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 which have the potential for causing a significant effect on the
environment; and
B. Approve Master Encroachment Agreement No. 423 between the City of Vernon
and XO Communications Services, LLC, in substantially the same form as
submitted herewith.
17. Approval of Amendments to Contracts with Jason Addison Smith Consulting
Services Inc., (JAS Pacific) and Interwest Consulting Group Inc. for On-Call
Building Plan Check and Inspection Services
Recommendation:
A. Find that approval of the proposed amendment to the Agreement with Jason
Addison Smith Consulting Services Inc., (JAS Pacific) and the proposed
amendment to the Agreement with Interwest Consulting Group Inc., are exempt
from California Environmental Quality Act (CEQA) review, because it is an
administrative activity that will not result in direct or indirect physical changes in
Regular City Council Meeting Minutes
Jul 19, 2016
Page 5 of 7
the environment, and therefore is not a “project’ as defined by CEQA Guidelines,
Section 15378; and
B. Authorize the City Administrator to execute a third amendment to the Agreement
with JAS Pacific dated June 13, 2013, extending the contract for an additional three
months, with no increase to the not-to-exceed cost of $50,000; and
C. Authorize the City Administrator to execute a third amendment to the Agreement
with Interwest Consulting Group Inc. dated June 13, 2013, extending the contract
for an additional three months, with no increase to the not-to-exceed cost of
$50,000.
NEW BUSINESS
City Administration Department
18. Approval of an Amendment No. 1 to the Services Agreement with Jemmott/Rollins
Group, Inc. for Management Assistance of the Vernon CommUNITY Fund
Recommendation:
A. Find that approval of the amendment proposed in this staff report is exempt from
the California Environmental Quality Act (“CEQA”), because it is a government
fiscal activity that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a “project” as defined by CEQA
Guidelines section 15378; and
B. Pursuant to Section 2.17.30(B) of the Vernon Municipal Code (VMC) and the City
Council’s authority under VMC § 2.17.12(B)(3), find that it is commercially
unreasonable to rebid the professional services contract for management assistance
of the Vernon CommUNITY Fund at this time, and that it is in the best interest of
the City to extend the current Services Agreement with Jemmott/Rollins Group,
Inc. for the reasons set forth in this staff report; and
C. Approve and authorize the City Administrator to execute an Amendment No. 1 to
the Services Agreement with Jemmott/Rollins Group, Inc. for management
assistance of the Vernon CommUNITY Fund, in substantially the same form as
submitted herewith, for a period of ten months, effective September 1, 2016, at an
amount not to exceed $125,000.00.
City Administrator Carlos Fandino reported on the proposed.
It was moved by Ybarra and seconded by Lopez to approve Amendment No. 1 the Services
Agreement with Jemmott/Rollins Group, Inc. Motion carried, 5-0.
Health and Environmental Control Department
19. Resolution No. 2016-42 - Ratifying the Execution of an Application for the 2016/2017
Used Oil Payment Program
Recommendation:
A. Find that the adoption of the resolution is exempt under the California
Environmental Quality Act (CEQA), because it is an administrative activity that
does not constitute a “project” under CEQA Guidelines section 15378, and even if
it were a “project,” it would be exempt in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have a significant effect
on the environment; and
B. Adopt a resolution ratifying the execution of an application to receive and spend
grant funds under the Used Oil Payment Program (OPP Cycle 7) FY 2016-2017
Regular City Council Meeting Minutes
Jul 19, 2016
Page 6 of 7
with State of California Department of Resources Recycling and Recovery
(CalRecycle).
Interim Director Lewis Pozzebon reported on the proposed.
It was moved by Martinez and seconded by Woodruff-Perez to approve Resolution No. 2016-42.
Motion carried, 5-0.
Human Resources Department
20. Resolution No. 2016-43 - 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:
A. Find that the adoption of the Amended Citywide Fringe Benefits and Salary
resolution proposed in this staff report is exempt under the California
Environmental Quality Act (CEQA) review, because it is an administrative activity
that will not result in direct or indirect physical changes in the environment, and
therefore does not constitute a “project” as defined by CEQA Guidelines section
15378; and
B. Adopt the attached resolution amending and restating the Citywide Fringe Benefits
and Salary Resolution, effective July 1, 2016 to reflect the following provisions:
1) Amend Exhibit A, Classification and Compensation Plan
2) Amend Section 4, Compensatory Time
3) Amend Section 11, Automobile Allowance and Reimbursement for
Expenses
4) Amend Section 12, Health Insurance
5) Amend Section 13, Dental Insurance
6) Amend Section 14, Vision Insurance
7) Amend Section 17, CalPERS Retirement Plan
8) Amend Section 18, Retiree Medical Insurance
City Administrator Carlos Fandino reported on the proposed.
It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2016-43. Motion
carried, 5-0.
ORAL REPORTS
21. City Administrator Reports – brief reports on activities and other brief announcements by
the City Administrator and Department Heads.
Police Chief Daniel Calleros reported on the following: July 26th peaceful protest vigil at Farmer
John; continued peaceful protests at Farmer John; July 13th Southeast traffic collision team; and
the Vernon Police Department was selected as a recipient of a traffic enforcement grant.
Police Captain Michael Gillman reported on the July 18th arrest of vandalism suspect on the 2600
block of 26th street.
Fire Chief Mike Wilson reported on the ground breaking ceremony at Fire Station 1 and the
Department receiving additional UASI grant funds.
Director of Public Works, Water and Development Services Derek Wieske reported on the
following: I‐710 Aesthetics Committee; the notices for the water rate increase been mailed; and
the public hearing for the water rate increases currently scheduled for the August 16th Council
meeting.
Regular City Council Meeting Minutes
Jul 19, 2016
Page 7 of 7
Assistant Finance Director Masami Higa reported on the Independent Audit.
City Administrator Carlos Fandino gave a brief update on the hiring of the new Director of Gas
and Electric.
22. City Council Reports – brief report on activities, announcements, or directives to staff.
No reports provided by Council.
Mayor Davis recessed the meeting at 9:43 a.m. and reconvened at 9:44 a.m.
CLOSED SESSION
At 9:44 a.m., the City Council entered into closed session to discuss the following agendized items:
23. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(a)
a. Name of Case: City of Vernon vs. Citigroup Energy Inc., et al.
United States District Court
Southern District of New York Case No. CV16-2405
b. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al.
Los Angeles Superior Court
Case No. BC620265
24. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: Director of Gas & Electric
At 10:29 a.m. the City Council exited closed session. City Attorney Hema Patel announced that 3
items were discussed and there was no reportable action from closed session.
With no further business, at 10:30 a.m., Mayor Davis adjourned the meeting.
________________________
William J. Davis
Mayor
ATTEST:
_________________________
Maria E. Ayala
City Clerk
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RECEIVED
JUL 2 5 2016
CIIY CLERK'S OIFICE Health and Enwironrnenta!Control Departrnent
RECEIVED
JUL 2 I i0t6
CITY ADMINISTRATION
@ -ti';s-\e
From: Lewis Pozebon,Interim Director/Health Offi u, @ ft 'f
Memo
Carlos Fandino, City Administrator
Date: July 19,2016
Re: Trarsmital ofHealft & Environmenal Connol Departnent Monthly Report
I am forwarding the attached subject report for Jme 2016 for submission to the City Council. I am requesting
that the repon be placed on the next City Cormcil agenda.
Please let me know if you need additional information.
Attachment
gclgJmydocztlD/mon$ly rEportvcit) Admrn TransmitEl Monrhly Repon Mar 2016
HEALTH & ENVIRONMENTAL
GONTROL DEPARTMENT
JmeZJll6
MONTHLYREPORT
Le\,vis Pozzebon, lnterim Director / Health Offcer
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
MONTHLY REPORT
June. 2016
HAZARDOUS MATERIALS CONTROL
Activity in June centered on preparation ofannual Hazardous Materials Establishment and
Underground Tank Facility permit renewals, which are on a fiscal year invoicing basis. 2016 is the
twentieth year our department has acted as a Certified Unified Program Agency (CUPA), and the
thirteenth year we have issued a consolidated invoice to businesses. Hazardous Materials
Establishment, Underground Tank, and State surcharge fees are all included on one invoice. The
CUPA invoices included a reminder that businesses are required to annually update and verifr
information previously submined through the Califomia Environmental Reporting System (CERS) is
still current.
Over 500 health permit renewal invoices were sent to hazardous materials establishments in Vemon.
Emergency response activities centered on the Maywood Fire at the metals recycling facility on the
Maywood side of Fruitland Avenue. Staff coordinated with multiple responding agencies (United
States Environmental Protection Agency; California Department of Toxic Substances Control, U.S.
Coast Guard, Los Angeles County Health Haz Matl Los Angeles County Public Health) in monitoring
air quality and communicating precautions to Vemon businesses and residents. Staff assisted the Fire
Departrnent in assessing smoke and ash contamination in businesses along Fruitland Avenue. Chief
Deputy Director David LeDuff spent many hours during the week and weekend at the Incident
Command Center and was key to assisting businesses retum after evacuations and helping restore
business activities. In addition, David coordinated the hiring of cleanup companies to do remediation
of ash and smoke so impacted businesses could promptly resume operations. Senior Environmental
Specialist Lyndon Ong Yiu cleared nearby food facilities for operation. Senior Environmental Health
Specialist Jerrick Tones monitored cleanup company operations. And Senior Environmental Health
Specialist Linda Johnson kept up-to-date on the incident during weekend briefing sessions provided by
the U.S. EPA.
Other significant activities included the ongoing remediation planning and closure activities for the
Pechiney facility on Fruitland Avenue, providing lead assessment reports to Vemon residents from the
Exide Lead Assessment project being conducted by the Califomia Department of Toxic Substances
Control. David LeDuff prepared letters for all Vemon residents explaining the project and went door-
to-door on off work hours to provide lead contamination information and answer residents' concems.
Senior Environmental Specialist Jerrick Torres reviewed and accepted a fusk Management Plan
prepared by Owens Brockway. The Plan includes a detailed engineering analysis of potential risk
factors and identifies mitigation measures (i.e. new equipment, training. treatmenl systems, etc.) that
can be implemented to reduce the likelihood ofreleases and reduce possible consequences of releases.
Senior Environmental Health Specialist Jerrick Torres and Environmental Specialists Erik Cheng and
Gloria Valdivia attended Hazardous Waste Tiered Permit training. Jerrick also received Hazardous
Materials Investigation training in June.
Finally, Senior Environmental Health Specialist Jerrick Torres and Chief Deputy Director David
LeDuffworked on an administrative enforcement order on the Cherokee Chemical facility for
improper storage of hazardous waste.
UNDERGROUND TANK PROGRAM
One unregistered underground tank was removed in Vemon during the month ofJune. Since 1984 our
department has documented the removal 1227 tanks when it started tracking removals! Staff continued
to supervise work on underground tanks for compliance with AB 989 requirements and certification
efforts, including observing 4 certification tests.
FOODPROGRAM
In June, inspection staff focused on inspection of retail food facilities for compliance with food safety
standards. Although staff confirmed that the facilities were in substantial compliance, observed
violations included improper food temperatures, incorrect food storage, and lack of soap for hand
washing.
This month, fiscal year invoices were prepared for mailing to wholesale food vehicle operators.
Senior Environmental Health Specialist Lyndon Ong Yiu worked on three new plan check reviews for
food processors during the month of June. In addition, Environmental Specialist Eric Cheng plan
checked a test kitchen. Ll.ndon also continues working with regional committees on mobile food
facility issues, commissary guidelines, and CalCode updates.
Erik Cheng responded to a fire sprinkler release at
almost two thousand pounds of pork product.
contaminated food equipment.
Farmer John and observed voluntary destruction of
He also confirmed cleaning and sanitizing of
ENVIRONMENTAL PROTECTION
Environmental Health Specialist Gloria Valdivia conducted seven occupancy inspections in June to
assist businesses to get up and running in compliance with health and safety requirements. In addition
she re-inspected eleven new businesses to follow-up on items noted during the initial occupancy
inspection.
Fourteen water samples were collected from the three potable water supply systems within the City.
A1l samples were analyzed negative for e-coli and total coliforms and met State standards for
potability.
Interim Director Lewis Pozzebon worked on the development ofan application for the Used Oil Grant
Program (OPP7). The grant provides funds to conduct public outreach and awareness efforts to
improve used oil and used oi I filter recycling activities. The grant request was presented and approved
by the Council on July l2th.
A mosquito survey conducted weekly in June by Erik Cheng within the Los Angeles River to monitor
the breeding of mosquitos, resulting in the location of some mosquito larvae. Sources found, like
standing water which were conducive for breeding were physically removed.
In addition, Erik responded to a rodent complaint on the border of Vemon and Maywood. He assisted
the Maywood resident to identif, and conect some rodent reduction measures.
FOCUS ON CITY OF VERNON'S SOLID WASTE PROGRAM
Solid Waste Prosram
The Solid Waste Program (SWP) for the City of Vemon is administered and managed by the Health &
Environmental Control Department (HECD).
The SWP encompzrsses not only being a local enforcement agency for managing solid waste facilities
within the City, but also includes the administration of the following:. solid waste franchises and agreements. applying used oil grants and other solid waste-related grants
. working with outside consultants in the areas of solid waste franchise agreements, energy
effrciency, commercial and organics recycling
o compliance with the requirements of Assembly Bills 32, 341 and 1826o providing education to Vemon businesses via events, discussions and the used oil calendaro maintaining the City's obligations for diversion and recycling. meeting with CalRecycle at least once yearly for updates and reviews of City programs with
respect to commercial recycling, construction and demolition debris recycling and commercial
organics recycling, and
4
. coordinating a Green Vemon Commission
LEA
The City of Vemon is the local enforcement agency (LEA) for solid waste facilities. HECD has served
as the City's LEA since 1992. ln 1993, HECD submitted its Enforcement Program Plan (EPP) to the
Califomia Integrated Waste Management Board (now CalRecycle) for the purpose of obtaining LEA
certification for the City. HECD is responsible for annually reviewing and updating its EPP and
submitting changes to CalRecycle. ln 1992 and according to the EPP, the City Council of the City of
Vemon, through formal resolution, designated the City of Vernon Health Department as the LEA for
the City, designated itself as the hearing panel and designated the Health Officer/Director of Health
and Environmental Control as LEA Program Manager.
Solid waste control is discussed in Chapter l2 of the Vemon City Code (VCC). Chapter 26 of the
VCC addresses siting and permitting ofrecycling facilities and facilities which store or separate solid
waste materials or conduct transfering of solid waste.
Linda Johnson, Senior Environmental Specialist, is responsible for inspection and enforcement duties
with assistance as necessary from Health Department management. The City of Vemon has one
transfer station and eight closed landfills. The closed landfills do not require inspections at this time.
For the transfer station, Linda performs monthly inspections and submits electronic reports to
CalRecycle. In the event of areas of concem or violations. she performs follow-up work and provides
compliance assistance to the transfer station. Every five years, the transfer station is required to update
its facility permit which requires a review and approval by the LEA.
Under the direction of the Health Officer/Director. inspections are performed of solid waste facilities
in the City under the program elements of 7444 for permined transfer station. 7437 for waste
processors, 7456 for rendering plants. exempt regional recycling facilities. and waste processor
vehicles.
Linda has represented the City by being the Vice-Chair to the Enforcement Advisory Council for
Southem Cities LEAs. She served in that capacity from 2012-2014. She also served as the Chair for
the Southem Cities LEAs and has been in that position since 2014. She attends EAC meetings (as the
Southem Cities Chair) held quarterly in Sacramento to discuss policy in all areas of solid waste
management. She has co-chaired the South-Southwestem Round Tables where solid waste issues are
discussed.
Linda continues to receive training in load-checking techniques and requirements, managing treated
wood waste, managing home-generated sharps, state minimum standards, CEQA requirements, and
compost facility odor management. She also receives training for various solid waste issues at the
LEA Technical Training Conferences. Recently she received training at the Manager of Landfill
Operations course offered by the Solid Waste Association of North America and tested for Certified
Landfi ll Technical Associate.
The City of Vemon continues to receive interest from outside companies to locate their waste-to-
energy or recycling facilities in Vemon. Lina has been asked by management on several occasions to
participate in informational presentations by these companies to determine potential permitting and
compliance issues with respect to solid waste and hazardous materials handling.
Solid Waste Franchises and Agreements
HECD maintains franchise agreements with l9 different haulers. Vemon businesses select their own
hauler based upon business needs. Franchise agreements are periodically reviewed and agreements
renewed by contract between the hauler and the City. HECD is responsible for maintaining records,
renewing contracts and collecting franchise fees from each hauler on a quarterly basis.
Aoolications for Oil Recycline and Other Grants
Traditionally, TIECD has applied for and received a number of grants from CalRecycle including a
used oil grant, beverage & litter grant and local enforcement agency gants. These grants can be
competitive or non-competitive. For example, the LEA grant is a noncompetitive grant program to
assist Local Enforcement Agencies (LEAs) with their solid waste facilities' permit and inspection
program. Pwsuant to Public Resources Code. Section .{3230, these grant awards are to be used solely
for support ofthe solid waste facilities permit and inspection programs. Grants must be applied for on
an annual basis and grant monies vary according to the grant.
Workine with Outside Consultants
Currently the HECD receives assistance from MSW Consultants, from E.Tseng Associates/Ecotelesis
Intemational and ftom KJ Services.
MSW overall objective is to support the mission of the HECD, which is to:
a) Protect the environment, and safeguard the health and well-being of Vemon's residents,
workers, visitors, and neighboring communities.
b) Further the City commitment to 'sustainability' by minimizing our impact on the environment
for the benefit of future generations.
1) MSW Consultants provides assistance to the City in these areas:
a) Technical sustainability assistance to businesses.
b) Regulatory compliance assistance to the City.
c) Auditing of waste hauler franchise fees.
d) Other as-needed special projects.
2) Assist the City's businesses by providing technical assistance to individual businesses in the areas
ofenergy efficiency, water conservation and waste reduction.
3) Assist the City by providing support in compliance with waste-related environmental laws
including:
a) AB 939 - Cities required to implement recycling programs and minimize landfilled waste.
b) AB 341 - Mandatory recycling for businesses that generate four (4) or more yards per week of
refuse.
c) AB 1826 - Mandatory organics recycling for businesses that generate eight (8) or more yards
per week of organics.
4) Audit authorized franchised haulers to ensure they are paying the proper amount of franchise fees
a) Visit haulers and examine their accounting and tonnage records.
b) Report discrepancies to City for follow up.
5) Other as-needed special projects, for example:
a) Business waste reduction award program.
b) Policy analysis of solid waste service arrangements (non-exclusive v exclusive).
c) Database of business compliance with AB 341 and AB 1826.
d) Web based franchise fee management system.
E.Tseng/Ecotelesis provides the following services to the City:
1) Sustainability Technical Assistance to over 20 businesses:
6
For each business, conduct site visits and gap analysis, provide a sustainability report
for businesses to review and respond to follow up inquirieVadditional assistance rEquests2) Technical assistance includes waste generation and diversion practices, energy and water
usage.and transportation management.
3) Report includes current practices, recommendations of sustainable and cost saving practices/
programs to consider, gteenhouse gas emission inventory resulting from business operation,
carbon footprint baseline to measure and monitor program progress for continual improvement
4) Provide technical assistance to businesses on sustainability requests and on regulatory
requirements such as AII 32, AB 341. AB 1826, and recommendations to meet / excel
regulatory requirements
5) Created AB 341 *Mandatory Commercial Recycling" and AB 1826 "Mandatory Commercial
Organics Recycling' flyers for the City
6) Created website announcement for AB 341 and AB 1826 for the City. Presented AB 1826
requirements and compliance timeline to Vemon Green Commission
7) Update Greenhouse Gas Emission database including LGO protocols, EPA and WARM model
to calculate GHG emissions and generate carbon footprinl.
8) Prepare AB 939 annual electronic reporting and binders for CalRecycle review, respond to
CalRecycle inquires and participate on annual onsite visit with the City and businesses.
9) Initiated and coordinates SWAP Awards Event, including timeline, major categories, event
venue, judges / judging criteria and event location
l0) Initiated and coordinates sustairnbility and regulatory educational workshops for the City,
businesses. and,/or with Vemon Chamber of Commerce.
I I ) Participates in Vernon's Sustainability Fairs
KJ Services assists the City on two programs:
Used Oil Payment Program.
The City receives $5000 in funding from CalRecycle each year. These funds are used to promote used
motor oil and filter recycling in the City. Primary activities include the Used Oil artrvork contest with
the 5th grade students at Vemon City School. The winning artwork is used to produce a calendar
poster each year. The progam includes sponsorships from local Vernon businesses. Additionally this
program supports the City's one used oil and filter collection site, Commercial Tire.
Citv / County Recycline Program
Another program supported by funding from CalRecycle is the City/County Recycling Program with
an annual funding amount of $5000. This program promotes boftle and can (CRV type) recycling in
the community. In the past this program has participated at environmental events sponsored by the
City along with an annual Earth Day activity event at Vemon City School. The school Earth Day
event includes multiple presentations and hands-on activities for all grade levels at the school.
KJServices has also assisted the City in the past with the development and submittal of grant
applications for other environmental outreach programs. The last grant program was an outreach to
commercial truckers which was funded by CalRecycle grant for S90,780.
Compliance with Greenhouse Gas and Recycling Laws
During its periodic jurisdictional review, CalRecycle requests that HECD provide information and
compliance documentation in the following areas (ifapplicable): residential recycling programs,
multi-family residential recycling programs, commercial recycling programs, mandatory commercial
recycling programs (AB 341), construction and demolition debris recycling program, city govemment
programs (procurement of recycled content products, staff education) and mandatory commercial
organics recycling (AB I 826).
A brief description ofa few ofthe regulations for the solid waste/recycling/sustainability arena
follows:
Reducing the amount of organic material sent to landfills is part of the AB i2 (Calitbmia
Global \\'arming Solutions.\ct of 2006) Scoping PIan, is fundamental to ARB's Shon Lived
Clinrate Pollutant strategy, and is one of Califomia's strategies for reaching the statewide 75
percent reclcling goal. Greenhouse gas emissions caused by the decomposition oforganic
material in landfills contribute to global climate change. Califomia businesses are required to
start recycling their organic waste by April 1,2016, depending on the amount of waste they
generate each week. By 2016. local jurisdictions must have an organic waste recycling program
in place for those businesses.
Collecting and processing organic materials, particularly food, is also the focus of AB 1 826,
which mandates such efforts beginning April I, 2016.
AB 341 directed CalRecycle to develop and adopt regulations for mandatory commercial
recycling. Businesses need to comply with this regulation. Business means any commercial or
public entity that generates four or more cubic yards of commercial solid waste per week and
also includes a multi-family residential dwelling of five units or more regardless of the amount
of commercial solid waste generated. The regulation does not apply to single-family dwellings,
multi-family dwellings offour or fewer units. or those businesses that generate less than four
cubic yards of commercial solid waste per week. Local jurisdictions can also establish other
specific exemptions.
The regulation requires jurisdictions to implement education, outreach, and monitoring
programs to inform businesses ofthe state requirement to recycle and how they can recycle in
the jurisdiction. The requirement for jurisdictions to monitor means identifring and notifuing
businesses that are not recycling and informing them about the state law and the various ways
that they could recycle. The jurisdiction may choose to utilize the hauler to monitor and noti$
businesses that are not recycling.
AB I 826 requires businesses that generate a specified amount of organic waste per week to
arrange for recycling services for that waste, and for jurisdictions to implement a recycling
program to divert organic waste from businesses subject to the law. as well as report to
CalRecycle on their progress in implementing an organic waste recycling program. an
industrial facility or site generates an amount oforganic waste or commercial solid waste (for
example paper, plastic, metals, cardboard, etc.) that meets or exceeds the minimum threshold
allowed for on that date (See question I untler (ieneral tbr thresholds and compliance
schedule), then the facility is required to arrange for organic waste recycling services. The
requirement is that ajurisdiction implement an organic waste recycling program appropriate for
that jurisdiction that is designed specificallyrto divert commercial organic waste.
Providins Education
HECD has provided sustainability fairs, workshops, brochures and City website to inform the Vemon
businesses and Vemon employees about recycling and energy saving ideas. HECD holds an annual E-
waste event which has resulted in tons ofelectronic waste from entering the landfills by being properly
handled and recycled. HECD works with our consultants to provide compliance, education and energy
conservation oppomrnities for employees and businesses.
HECD has awarded businesses with Solid Waste Achievement Awards recognizing that business's
efforts toward reducing solid waste.
Maintainine Citv's Oblisations for Recvcline and Diversion
HECD works with its consultants and CalRecycle to discuss and execute plans and programs to
maintain the City's recycling and diversion efforts. Each year, HECD gathers construction and
demolition totals fiom the Public Works Department to get credit for recycling and diversion.
Meetine with CalRecvcle
Periodically, the HECD Director. selected staff and several ofour consultants participate in a
conference call as part ofCalRecycle's requirement to perform ajurisdiction cycle review. During the
conference call, updates, program effectiveness. program statuses. and outreach./education issues are
discussed. A site meeting is usually scheduled for later in the year to showcase a Vemon business that
demonstrates effective recycling practices and has green/sustainable policies for its business and
employees.
Green Vernon Commission
The Green Vemon Commission was formed to assist and inform the Vemon business and residential
community of laws and regulations that might be required of them such as commercial organics
recycling. The Commission hears presentations, forms opinions and votes on certain items. The
Commission has seven board members from business and organized labor. It generally meets four
times per year. The HECD Director is the Commission Director.
RECEIVED
.l 2 0 ?116
CIIY CLEIil{'S OFIICE
POLICE DEPARTMENT
Daniel Calleros, Chief of Police
4305 Santa Fe Avenue, Vemon, Califomia 90058
Telephone (323) 587-5171 Fax (323) 826-1481
July 18,2016
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 l2:01 a.m., July l,
2016 up to and including midnight of July 15,2016.
Respectfu lly submitted,
YERNON POLICE DEPARTMENT
0""-l /^/A--
DANIEL CALLEROS
CHIEF OF POLICE
DClar
tE4c tusiv e $ t nlustriat
VERNON POLICE DEPARTMENT
D ep artment Activity Report
Jurisdiction: vERNoN
Firct Date: o7loil2o16
Lasl Dale: o7rt5r2or6
Depadment Complaint
Type Description
All Units Primary Unit
VPD
105
, G96H
1G96M
20001
20002
20002R
211R
21 'ts
242R
273.5
415
422R
459
4594
459R
459V
45gVR
476R
464R
,r87R
586
594
594R
602
9017
90I TR
9027
902TR
9097
9'11
9114
9174
92OPR
925
927
998
A459VR
4484
AB109
AGTAR
ASTVFD
SOSIG
BOVEH
CITCK
CIVIL
coP
DEMOSTRA
DET
oFFtcER rs 10.5 C7.961,962.1G10. WASH. EQUIPn
PICK UP THE JAIL PAPER WORK FROM HP JAIL
1G96 IUARY (MAIL OETAIL)
INJURY HIT ANO RUN
NON-INJURY HIT ANO RUN
NON-INJURY HIT ANO RUN REPORT
ROBBERY REPORT
SILENT ROBBERY ALARM
BATTERY REPORT
OOMESTIC VIOLENCE
DISTURBING THE PEACE
TERRORIST THREATS REPORT
BURGLARY
AUDIBLE BURGLARY ALARM
BURGLARY REPORT
BURGLARY TO A VEHICLE
BURGLARY TO A VEHICLE REPORT
FRAUO REPORT
PETTY THEFT REPORT
GRANO THEFT REPORT
PARKING PROBLEM
VANDALISM
VANDALISM REPORT
TRESPASS
INJURY TMFFIC COLLISION
INJURY TMFFIC COLLISION REPORT
NON-INJURY TRAFFIC COLLISION
NON-INJURY TRAFFIC COLLISION REPORT
TRAFFIC HAZARO
911 MISUSE / HANGUP
CONTACT THE REPORTING PARTY
ABANDONED VEHICLE
LOST PROPERTY REPORT
SUSPICIOUS CIRCUMSTANCES
UNKNOWN TROUBLE
OFFICER INVOLVED SHOOTING
ATTEMPT BURGLARY TO A VEHICLE REPORT
ATTEMPT PETTY THEFT
PROBATION / PAROLE COMPLIANCE CHECKS
ATTEMPT GRAND THEFT AUTO REPORT
ASSIST VERNON FIRE DEPARTMENT
BROKEN SIGNAL OR LIGHT
BROKEN DOWN VEHICLE
CITATION CHECK
CIVIL MATTER
COP DETAIL
OEMONSTRATION
DETECTIVE INVESTIGATION
109
2
5
3
o
o
4
2
J
J
14
4
3
93
5
J
6
2
5
4
31
8
6
11
17
2
66
J
7
14
31t
1
35
4
3
2
4
4
1
19
4
20
2
2
3
5
6
100
2
5
I
3
5
2
I
I
I
5
3
I
41
3
I
4
I
2
2
24
2
5
3
6
I
33
2
5
7
22
4
I
l5
t
I
I
I
2
I
l0
2
t1
2
I
I
I
3
07/1612016 03:59:17 Page of
VERNON POLICE DEPARTMENT
Department Activity Repo rt
Jurisdiction: vERNoN
Fi|Jil Dale: o7to1t2o16
Last Dale: 07t15t2016
Deps ment Complaint
Tlpe Descriplion
All Unils Primory Unil
VPD DETAIL DETAIL
K9 TRAINING K9 TRAINING REMINOER, OBTAIN LOCATION
KTP KEEP THE PEACE
LOCATE LOCATED VERNON STOLEN VEHICLE
6
3
4',1
2
I
4
I
8
3
I
3
2
2
I
I
3
5
6t
42
7
9
2
3
I
130
I
37
2
I
3
I
7
3
47
4
4
4
2
'12
4
1
5
2
2
2
4
4
10
68
75
7
21
3
3
3
173
1
48
2
1
3
1
OPTAST
FILING
FOUND
FTY
FU
GTA
GTAR
HBC
DEPARTMENTAL ASSIST
OFFICER IS 10.6 REPORT WRITING
FOUND PROPERTY REPORT
FAILURE TO YIELO
FOLLOW UP
GRAND THEFT AUTO
GRAND THEFT AUTO REPORT
HAILED BY A CITIZEN
MUTUALAID MUTUAL AID
PANIC ALARM PANIC ALARM/DURESS ALARM
LOJACK HIT
MISSING PERSON REPORT
PUBLIC ASSIST.POLICE
PATROL CHECK
PEOESTRIAN CHECK
LOJACK
MISPR
PAPD
PATCK
PEDCK
PRSTRAN PRISONERTRANSPORTEO
REC RECOVEREO STOLEN VEHICLE
RECKLESS DT RECKLESS DRIVING (23103)
REPO REPOSSESSION
SHOTS SHOTS
TRAFFIC STOI TRAFFIC STOP
UNATTACHEO UNATTACHED TMILER
VCK VEHICLE CHECK
VEH RELEASE VEHICLE RELEASE
VIDEOCHECK VIDEO EQUIPMENT CHECK (10.96 V)
WARRANT WARMNT ARREST
WELCK WELFARE CHECK
Overoll:
07/16/2016 03:59:17 Page of
Depa menl:lt21 157
tl21 758
VERNON POLICE DEPARTMENT
Police Activity Report
Period Ending: 07115116
TRAFFIC COLLISIONS
TOTAL
NON-INJURY
INJURY
Pedestrian
Fatalities
City Property Damage
Hit & Run (Misdemeanor)
Hit & Run (Felony)
Persons lnjured
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
ARl6-0209 CRl6-1061
ARl6-0210 cRl6-1063
ARl6-021I CRl6-1066
ARl6-0212 CRl6-1067
ARl6-0213 CRl6-1069
ARl6-02r4 CRl6-1082
ARl6-02r5 CRl6-1084
ARl6-0218 CRr 6- 1095
ARl6-0219 CRl6- 1098
ARl6-022r CRl6-0984
NO.
t2
5
'7
PROPERTY RECOVERED
VEHICLES: 529,800.00
PROPERTY RECOVERED FOR
OTHER DEPARTMENTS
VEHICLES: 520,300.00
2
J
I
8
6
6
I
7
106
t7
123
53
86
I
r0851(A) vc
l1364 H&S
4573 PC
496(A) PC
l1377(A) H&S
l08sl(A) vc
20001(B) (r) vc
I1364 H&S
l1377(A) H&S
I66 PC
VERNON POUCE DEPARTMENT
REPORT FOR PERSONS AR,RESTED
PERIOD ENDING 07115/16
ADULT
MALE FEMALE TOTAL
\SSAULT WITH A DEADLY WEAPON
BURGLARY
BRING CONTROL SUBS. INTO JAIL/PRISO}1 1
GRAND THEFT AUTO 1 1 2
HIT AND RUN INVOLVING DEATH/IN]1 1
POSSESS LARGE CAPACITY MAGMINE
ROBBERY
TMNSPORTiSELL CONTROLLED SUB.
WARMNT (VERNON CASE)1 1
WARMNT (OUTSIDE AGENCY)
TOTAL FELONY ARRESTS 4 1 5
ADULT MTSDEMEANOR ARRESTS AND DISPOSTTIONS
MALE FEMALE TOTAL
BATTERY
CONTEMPT OF COURT 1 I
DRIVING W/SUSPENDED UCENSE
DRIVING UNDER THE INFLUENCE
POSS. CONTROLLED SUBSIANCE 2 2
POSS. CONTROLLED PAMPHERNAUA 2 z
RECEIVE/POSSESS STOLEN PROPERTY 1 1
VANDALISM
WARRANTS (VERNON CASE)5 5
WARMNTS (OUTSIDE AGENCY)
rOTAL MISD. ARRESTS 11 0 11
MALE FEMALE TOTAL
BURGLARY
MINOR POSS. OF ALCOHOL
VANDALISM
VEHICLE THEFT
WARMNTS (BENCH)
TOTAL
'UVENILES
DET.0 0 0
TOTAL FELONY ARRESTS (ADULT) TO DATE:
TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE:
TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE:
TOTAL ARRESTS AND DETAINED JWENILES (FELONY AND MISDEMEANOR) TO DATE:
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REGEIVED
JUL 2 6 2016
CITY CLERK'S OFFICE
RECEIVED
JUL 2 5 20t6
CITY ADMINISTRATION
1-Lv-tv
ERYICES
STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPME
DEPARTMENT
c4
NTS
DATE:
TO:
FROM:
August 2,2016
Honorable d City Council
Derek Wie tor of Public Works, Water and Development ServicesDepartment rOriginator: Vincent A. Rodriguez, Public Works Project Coordin ator gllu--
Acceptance of Work of Petrochem Manufacturing Innovation, LLC (PMI)
regarding Contract CS-0677 - Citywide Slurry Seal, Phase fV Project.
RE
Recommendation
A. Affrm that accepting the work of Petrochem Manufacturing Innovation, LLC, for the
Citywide Slurry Seal, Phase IV Project, Contract No. CS-0677, is categorically exempt
under the Califomia Environmental Quality Act (CEQA) in accordance with Section
15301, Existing Facilities, part (c), existing highways and streets, because the project is
merely to repair existing streets; and
B. Accept the work of Petrochem Manufacturing Innovations, LLC as part of the Cig.wide
Slurry Seal, Phase IV Project, Contract No. CS-0677, and authorize the staff to submit for
recordation a Notice of Completion for the project.
Background
On May 3, 2016, the Public Works, Water and Development Services Departrnent obtained City
Council approval to enter an agreement with Petochem Manufacturing, Inc., for the Material,
Delivery and Application of Slurry Material for the Cit)ryide Slurry Seal Phase w Project, (Conract
CS-0677). The City of Vernon piggybacked onto an existing contract between the City of Los
Angeles and Petochem Manufacturing, Inc., (PMI). The City's use of an existing contract from
another public agency to enter into its own contract with the same vendor and equal terms and
conditions (known as piggybacking) is expressly authorized by Vernon Municipal Code
$ 2.1712(AX5), and is occasionally used in lieu ofa separate competitive bidding process. The
City ofLos Angeles used a competitive bidding process to obtain material and delivery cost from
PMI that are at rates substantially lower than Vemon could obtain if it were to complete the
traditional competitive bidding process itself. For this project, the following streets were
sealcoated:
. 38s Street, from Alameda Street to Santa Fe Avenue.. 49th Street, from Alameda Street to Santa Fe Avenue.o Fruitland Avenue, from Santa Fe Avenue to Pacific Boulevard.. Malburg Way, from Slauson Avenue to Alcoa Avenue.o Vemon Avenue, from Alameda Street to Santa Fe Avenue.
This slurry seal project was accomplished through two separate projects. This particular contract
was for the purchase of material, delivery and application of the slurry material (Citywide Slurry
Seal (Phase IV), Contract CS-0677. The other work for the striping, pavement markings and
reflectors were accomplished through a purchase order. The work has been completed in
accordance with the project specifications and it is recomrnended that the work be accepted. The
Notice of Completion referenced within this staff report has been reviewed and approved as to
form by the City Attomey's office.
Fiscal Impact
The estimated budget for the Material Purchase, Delivery and application of Slurry Material for
the "Citywide Slurry Seal Phase IV Project", Contract CS-0677 was at an amount not to exceed
$178,100.00. The project was completed under budget for a total of $147,416.43. It is
recommended that the project be accepted and that the five percent (5%) retention of $7,370.82
be paid thirty-five (35) days after the recordation of the Notice of Completion, except such
amounts as are required by law to be wittrheld by properly executed and filed notices to stop
payment, or as may be authorized by the contract to be further retained. Funds for the project
will come from the Citywide Rubberized Slurry Seal (Phase IV) Project budget of $500,000,
which was included in the Fiscal Year 2015-2016 Budget.
Attachments
1. Contract Notice of Completion
Rccording Requested By
City of Vcrtrotr, Public Works, Wster rtrd Developmetrt
Fcr Wsiyed Pursustrt To Govt. Codc 6103
Whetr Recorded Mril To:
City Clcrk
4305 Srtrta Fc Avenue
Vcmon, CA. 9005E
SPACE ABOVE THIS LINE RTSERVED FOR RECORDER'S USE
NOTICE OF COMPLETION
NOTICE OF COMPLETION IS HEREBY GIVEN that
1. The City ofVemon, whose address is 4305 Santa Fe Avenue, Vemon, Californi4 as Owner ofthe public work of
improvement known as the Materials, Delivery and Application of Slurry Material for the Citywide
Rubberized Slurry Seal, Phase IV Project located on various sites throughout the City as improved in
accordance with Contract No. C$0677 between Petrochem Materials Innovation, LLC. whose address is:
616E Innovation Way, Carlsbad, California 92fl)9 as CONTRACTOR, and the PUBLIC WORKS, WATER
AND DEVELOPMENT DEPARTMENT of the City of Vemon for the following work, to wit:
Furnish all transportation, materials, delivery and application of Rubberized Emulsion-Aggregate Slurry
(REAS) Seal, as described within the project specifications.
2. Notice is given that the Work of Contract No. C$.0677, as amended by Owner-approved changes, if any, was
completed on [!g!.i!Q!(, provided, however, this notice does not alter the responsibility of the Contractor for
any failure to comply with the requirements ofthe Contract Documents including, but not Iimited to, Contractor's
liability for any unauthorized or non-conforming work and does not constitute acceptance ofany
disputed claims.
3. The nature ofthe interest or state of owner is in fee.
This notice is given in accordance with the provisions ofSection 3093 ofthe Civil Code ofthe State of Califomia.
Dated:PUBLIC WORKS, WATER AND DEVELOPMENT
CITY OF VERNON
BY:
Derek Wieske
Director of Public Works, Water and Development Services
Maria E. Ayal4 City Clerk
VERJFICATION
I, Derck Wieske Direclor ofPublic Works, Water and D€vclopment Ssrvices, state thar I un an ofEc€r ofthe City ofvsmon, to wit Direqtor ofPublic
Works Water and Dcvelopment Services; that I have rcad the forcgoing Notico ofCompletion and know dle @ntents therEofaDd that rhe sEme is Eue of
my own howledgc, excspt as to the maneas which aI€ thercin slared on infomlation or belief, and as to those maters I belicvc rhem to bc Eue. I de€larc
under penalty ofperjuy undcr the laws ofthe State of Califomia thar the forEgoing is tsue and corlEct Exeercd in thc City of Vcmon on thc above statrd
dare.
Approved as to Form:Derek Wieske
Director of Public Works, Water and Development Services
Hema Patel
City Attomey
ATTEST:
RECEIVED
JUL 2 7 2016
CITY C[ERl('S OFFICESTAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
R.E,:
August 2, 2016
Honorable Mayor and City Council
Carlos R. Fandino, Jr., City Administrator
Originator: Diana Figueroa, Administrative Secretary
Approval of Updated Form At-Will Employment Agreements for Future City
of Vernon Executives
Recommendation
A. Find that approval of the proposed form at-will employment agreements for City of
Vemon executive staff is exempt under the Califomia Environmental Quality Act
(CEQA) review, because it is a general administrative activity that will not result in direct
or indirect physical changes in the environment and therefore does not constitute a
"project" as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a
project, because such activity will not have any effect on the environment, this action
would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have a sigrificant effect on
the environment; and
B. Approve the attached updated form at-will employment agreements (safety and non-
safety) to be used for City of Vemon executive staff members and staff attomeys (except
the City Administrator and City Attorney) hired by the City Council from this date
forward.
Background
On May 7, 2013, consistent with the City's good govemance reforms, the City Council adopted
form at-will employment agreements to be used for all City of Vemon executive safety and non-
safety positions, with the exception of the City Adminisfator and City Attorney.
Staff is recommending that the respective form ar-will employment agreements for saGty and
non-safety personnel be updated and that the form agreements be utilized for newly hired
executive staff. At this time, staff does not recommend that the City's current at-will employees
execute a revised agreement.
Page 1 of2
vl*
The proposed updates to the form at-will employment agreement for both safety and non-safety
executives are identified in the attachments (in redline) and detailed below:
Safety ONLY:o Revisions to Section 5(d):o Replace "personnel" with "staff' when referencing Executive Management (one
occurrence)
Safety AND Non-Safety:
o Revisions to Section 6(b):o Replace severance "package" with severance "amount"
o Revisions to Section 6(c):o Insert the statement, "a severance agreement and release of all claims against the
City", as opposed to "acknowledgement and release of claims against the City"
o Remove language referring to "Attachment B" of the Agreement. Revisions to Section 6(d):
o Insert the statement, "severance agfeement and release of all claims against the
City", as opposed to "acknowledgement and release of claims against the City"
o Revisions to Section 6(e):o Add "resigns or retires" to section language referring to means ofEmployee's exit
. Update of Signature Page to reflect Carlos R. Fandino, Jr. as City Administrator
o Removal of "Attachment B" from At-Will Agreement (Severance/Release agreements to
be drafted by the City Attomey when applicable)
The updated at-will agreements referenced in this staff report have been reviewed and approved
as to form by the City Attomey's office.
Fiscal Impact
There is no cost associated with the action proposed in this staff repo(.
Attachment(s)
l. Updated Form At-Will Employment Ageement (Safety) (In Redline)
2. Updated Form At-Will Employment Agreement (Non-Safety) (ln Redline)
Page 2 of 2
AT-WILL EMPLOYMENT AGREEMENT (SAFETY)
BETWEEN THE CITY OF VERNON AND
Insert Employee Name]
This Agreement is between the City of Vernon ('City') and
("Employee").
Recitals
City desires to employ Employee as an aFwill employee in the position of finsert
Positionl. Employee desires to be the finsert Position] and acknowledges that such
employment is at-will.
The City Administrator, pursuant to the authority granted by the City of Vernon Charter
and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and
conditions identif ied below.
AGREEMENT
Section 1 :TERM
The effective date of this Agreement shall be Either party may
terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance notice as set forth in Section 8 below.
Section 2: DUTIES
A. City engages Employee as the finsert Position] to perform the functions and
duties specified in the job description for the position (Attachment "A", incorporated herein by
this reference), as the same may be modified by the City Administrator, from time to time, and to
perform such other legally permissible and proper duties and functions as the City Administrator
shall, from time to time, assign.
B. Employee agrees that to the best of his/her ability and experience that he/she will
at all times conscientiously perform the duties and obligations required, either express or
implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the
City of Vernon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the City Administrator, and
devote whatever time is necessary to fulfill the employment responsibilities and duties as
identified in this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a
valid California Driver's license.
E. Employee acknowledges that in connection with the performance of his/her
duties, he/she will obtain information from City employees and third parties that is of a
confidential nature. Employee agrees that he/she will not disclose such confidential information
E€€€HDe.+e+5![L?0'!!
other than to officers and employees of the City who have been authorized to have access to
such information. Employee further agrees that if he/she has a question as to the confidentiality
of information obtained in the course of hisiher employment; he/she will contact the City
Attorney for advice.
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus his/her professional time, ability and attention to Clty business
during the term of this Agreement. Consequently, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior written consent of the City Administrator. This does not preclude Employee
from volunteering his/her services to other entities or individuals as long as such volunteer
services are not in conflict with the services to be provided by Employee under this Agreement.
Section4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay
Employee a base starting salary of no less than $, per year, payable in twenty-
six (26) biweekly installments at the same lime as olher employees of the City are paid and
subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's
salary during the term of this Agreement shall be at the sole discretion of the City Administrator
based upon the City Administrator's evaluation of Employee's job performance and within the
base salary range established by the City Council or as othenrvise approved by the City Council.
Any and all adiustments shall be in accordance with City personnel policies and procedures.
Employee's salary shall be reflected in the City's publicly available salary schedule.
Section 5: BENEFITS
A. Rotiromont
As an employee of the City of Vernon, Employee will be enrolled in the California Public
Employees Retirement System (PERS) retirement plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes the 3olo at 50
benefit formula for "classic' sworn public safety employees or lhe 2.7o/o at 57 benefit formula for
'new'sworn public safety employees. The Employee pays for the employee contribution to
PERS.
B. Other Executivo Managomont benefits
Employee shall receive all benefits specified by the then current Resolutions of the City
Council of Vernon for Execulive Management Staff, including, without limitation, those related to
Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life
lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation,
and other types of leave in accordance with the Personnel and Policies and Procedures Manual.
C. Other Public Safety Rslatod Benefits
Employee shall receive all benefits and special pay specified by the then current
Resolutions of City Council pertaining to IPolice/Fire] Management Personnel and any benefits
specified specifically for the flnsert Positionl, including Medical and Dental lnsurance. Any such
2o1.6JuUL29.l€
2 Poc€eber
special pay is in addition to the base salary amount, and examples of special pay include flnsert
Special Pay categories applicable to Positionl.
D. Election of Benefits
The following benefits are provided for both Executive Management Staff and
[Police/Firel Management Staff in differing amounts: Medical and Dental lnsurance, Vacation
and Administrative Leave, and Sick Leave. For the term of this Agreement, Employee has
elected to receive Medical and Dental lnsurance, as provided to [Executive Management Staff
OR [Police/Fire] Management Personnell, has elected to receive Vacation and Administrative
Leave, as provided to lExecutive Management Staff OR [Police/Firel Management Personnel],
and has elected to receive Sick Leave, as provided to [Executive Management pe+senne+-5!g[
OR [Police/Firel Management Personnel]. lf Employee retires from City employment dunng the
term of this Agreement, he or she shall be entitled to an election of post-retirement benefits
(selecting between benefits then provided for both Executive Management Staff and
[Police/Fire] Management Staff). Employee shall notify the City of his or her election no later
than thirty (30) days prior to Employee's retirement date.
As to any other benefits or special pay provided to both groups, Employee shall receive
one benefit or the other, and not both benefits, at his/her reasonable election, and as the City
Administrator may approve.
Section 6: TERMINATION ANO SEVERANCE PAY
A. Employee is an at-will employee and serves at the will and pleasure of the City
Administrator and may be terminated at any time, without cause, subject to the
conditions of paragraphs B and C of this section, and subject to the provisions of the
nsert Public Safety Officers Procedural Bill of Rights. (Government Code Sections,
3300, et seq.)or Firefighters Procedural Bill of Rights Act.(Government Code Section
3250, et seq. )lB. ln the event that Employee is terminated by the City Administrator for reasons other
than physical or mental incapacity, and other than those reasons noted in Paragraph
E, below, the City agrees to pay the employee a severance pa€kag€-aE9l0!-equal lo
six (6) months of base salary.
C. To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of his/her obligations under this Agreement and shall sign a
@D. All severance payments shall be pard within thirty (30) calendar days of the date
Employee executes the
E. Notwithstanding paragraphs A, B and C, above, if Employee resions or retires. or is
terminated due to reti€m€6{, insubordination, incapacity, dereliction of duty, violation
of the City's Alcohol and Drug-Free Workplace Policy lll-1, conviction of a crime
involving moral turpitude or involvlng personal gain to him/her or abuse of his office
or position or any felony or a breach of this Agreement, City shall have no obligation
to pay any severance provided in this section. Furthermore, Employee agrees that
any severance provided shall be fully reimbursed to the City if the Employee is
convicted of a crime involving an abuse of his/her office or position.
F. Upon termination, Employee shall be paid for all earned, but unused, vacation time.
2glsJsly,?o'! !3 D€€embea
SectionT: EXECUTIVECOMPENSATIONLIMITATIONS
lf Employee is paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of his/her office or position.
lf Employee is provided funds for any legal criminal defense during his/her employment
with the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his/her office or posilion.
lf this Agreement is terminated, any cash settlement related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of his/her office or position.
Section 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided he/she is eligible for
relirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the effective date of his/her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entitled to payment for
earned, but unused, vacation time, but not to severance pay as delineated in Section 6,
paragraph B, above.
Section 9: DISABILITY
lf Employee is permanently disabled or othenvise unable to perform his/her duties
because of sickness, accident, iniury, mental incapacity or health for a period of thirty (30)
calendar days beyond any earned sick leave, City shall have the option to terminate this
Agreement; however, the City's option to terminate under this Section shall be limited by its
obligation to engage in the interactive process for reasonable accommodations and to provide
reasonable accommodations as required by law. Nothing in this Section shall be construed to
limit or restrict Employee's benefits or rights under workers' compensation or the Public
Employees Retirement System ('PERS').
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 6 of this Agreement.
ln cases of disability, Employee shall be compensated for any earned, but unused,
vacation leave.
Section 10: GENERAL PROVISIONS
A.Notice
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
City Administrator
2O151_qI20'!6
TO CITY:
4 Oecember
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TO EMPLOYEE: XXXXXX)GXXX
xxxxxxxxxxx
XXXXX, XX XXXXX
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications understanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the City Administrator and approved as to form by the City Attorney.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having iurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
E. Effect of Waiver
The failure of either party 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 power at any one
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
F . Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a state court in Los Angeles County, California. Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effective Oate
This Agreement shall take effect on [insert date - should be the same as the initial date
of the terml.
[Signatures Eegin on Next Page].
| ,r.oror*-5-De€€cber
lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed on its behalf by its City Administrator, and executed by the Employee.
City of Vernon, a California charter City and
California municipal corporation
Mark€i+lhi{#€i4hCarlos R. Fandino
Jr., City Administrator
ATTEST:
Maria E. Ayala, City Clerk
Approved as to form:
Hema Patel, City Attorney
By:
3ea5Js!y20$
6 D€€€6Igr
ln signing this Agreement, Employee understands and agrees that his/her employment status is
that of an at-will employee and that his/her rights to employment with the City are governed by
the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies
of the City of Vernon which might othenarise apply to employees of the City. Employee further
acknowledges that he/she was given the opportunity to consult with an attorney prior to signing
this Agreement.
Dated:
Employee
-7 -
2olsJuEql!
O€c€Hb€r
| ....rrrr*
ATTACHMENT A
Job Descriotion
-8-D€€€Fbe+
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9 D€€€Bbgt
AT-WILL EMPLOYMENT AGREEMENT (NON-SAFETY)
BETWEEN THE CITY OF VERNON AND
Insert Employee Name]
This Agreement is between the City of Vernon ('City') and
("Employee").
Recitals
City desires to employ Employee as an at-will employee in the posilion of flnserl
Positionl. Employee desires to be the flnsert Position] and acknowledges that such
employment is at-will.
The City Administrator, pursuant to the authority granted by the City of Vemon Charter
and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and
conditions identifi ed below.
AGREEMENT
Section 1 : TERM
The effective date of this Agreement shall be Either party may
terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will
employee and may be terminated, with or without cause, upon thirty (30) days written notice.
Employee may resign with thirty (30) days advance notice as set forth in Section 8 below.
Section 2: DUTIES
A. City engages Employee as the flnserl Position] to perform the functions and
duties specified in the.lob description for the position (Attachment'A', incorporated herein by
this reference), as the same may be modified by the [City Adminiskator/City Attorney], from time
to time, and to perform such other legally permissible and proper duties and functions as the
[City Administrator/City Attorney] shall, from time to time, assign.
B. Employee agrees that to the best of his/her ability and experience that he/she will
at all times conscientiously perform the duties and obligations required, either express or
implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the
City of Vernon and the laws and regulations of the State of California and the United States.
C. As a public employee, Employee is required to work a full and complete work
week pursuant to the established work schedule as determined by the [City Administrator/City
Attorneyl, and devote whatever time is necessary to fulfill the employment responsibilities and
duties as identified in this Agreement.
D. During the term of this Agreement, Employee is required to have and maintain a
valid California Driver's license.
E. Employee acknowledges that in connection with the performance of his/her
duties, he/she will obtain information from City employees and third parties that is of a
confidential nature. Employee agrees that he/she will not disclose such confidential information
Dsc€65€r+O15lq!E?0'! !
other than to officers and employees of the City who have been authorized to have access to
such information. Employee further agrees that if he/she has a question as to the confidentiality
of information oblained in the course of his/her employment, he/she will contact the City
Attorney for advice-
Section 3: EXCLUSIVE EMPLOYMENT
Employee agrees to focus his/her professional time, ability and attention to Cily business
during the term of this Agreement. Consequently, Employee agrees not to engage in any other
business pursuits, whatsoever, directly or indirectly, render any services of a business,
commercial, or professional nature to any other person or organization, for compensation,
without the prior written consent of the [City Administrator/City Attorney]. This does not
preclude Employee from volunteering his/her services to other entities or individuals as long as
such volunteer services are not in conflict with the services to be provided by Employee under
this Agreement.
Section4: COMPENSATION
As compensation for the services to be rendered by Employee, City agrees to pay
Employee a base starting salary of no less than $ , per year, payable in twenty-
six (26) biweekly installments at the same time as other employees of the City are paid and
sublect to customary withholding. Salary adjustments (merit increases), if any, in Employee's
salary during the term of this Agreement shall be at the sole discretion of the [City
Administrator/City Attorneyl based upon the [City Administrator's/City Attorney'sl evaluation of
Employee's job performance and within the base salary range established by the City Council or
as otherwise approved by the City Council. Any and all adjustments shall be in accordance with
City personnel policies and procedures. Employee's salary shall be reflected in the City's
publicly available salary schedule.
Section 5: BENEFITS
A. Retirement
As an employee of the City of Vernon, Employee will be enrolled in the California Public
Employees Retirement System (PERS) retirement plan, as such plan may be amended by the
City Council. As of the date of this employment agreement, such plan includes lhe 2.7o/o al 55
benefit formula for 'classic' miscellaneous employees or lhe 2.0o/o at 62 benefit formula for
'new' miscellaneous employees. The Employee pays for the employee contribution to PERS.
B. Other Executive Managoment benefits
Employee shall receive all benefits specified by the then cunent Resolutions of the City
Council of Vernon for Executive Management Staff, including, without limitation, those related to
Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental lnsurance, Life
lnsurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation,
and other types of leave in accordance with the Personnel and Policies and Procedures Manual.
Section 6: TERMINATION AND SEVERANCE PAY
E€€er5eF:e1+J!ll?q]!
A. Employee is an at-will employee and serves at the will and pleasure of the [City
Administrator/City Attorneyl and may be terminated at any time, without cause,
subject to the conditions of paragraphs B and C of this section.
B. ln the event that Employee is terminated by the [City Administrator/City Attorney] for
reasons other than physical or mental incapacity, and other than those reasons
noted in paragraph E, below, the City agrees to pay the employee a severance
pae*ag+qCI9q!_equal to six (6) months of base salary.
C. To be eligible for severance pay, as identified in paragraph B, of this section,
Employee shall fulfill all of his/her obligations under this Agreement and shall sign a
@D. All severance payments shall be paid within thirty (30) calendar days of the date
Employee executes the
E. Notwithstanding paragraphs A, B and C, above, if Employee resions or retires. or is
terminated due to retir€m€nt, insubordination, incapacity, dereliction of duty, violation
of the City's Alcohol and Drug-Free Workplace Policy lll-1, conviction of a crime
involving moral turpitude or involving personal gain to him/her or abuse of his office
or position or any felony or for a breach of this Agreement, City shall have no
obligation to pay any severance provided in this section. Furthermore, Employee
agrees that any severance provided shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his/her office or position.
F. Upon termination, Employee shall be paid for all earned, but unused, vacation time.
SectionT: EXECUTIVECOMPENSATIONLIMITATIONS
lf Employee rs paid leave salary during a pending investigation, any salary provided for
that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving
an abuse of his/her office or position.
lf Employee is provided funds for any legal criminal defense during his/her employment
with the City, any funds provided for that purpose shall be fully reimbursed to the City if the
Employee is convicted of a crime involving an abuse of his/her office or position.
lf this Agreement is terminated, any cash settlement related to the termination that
Employee may receive from the City shall be fully reimbursed to the City if Employee is
convicted of a crime involving an abuse of his/her otfice or position.
Seclion 8: RESIGNATION / RETIREMENT
Employee may resign at any time. Employee may retire, provided he/she is eligible for
retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written
notice of the effective date of his/her resignation or retirement.
ln the event Employee retires or resigns, Employee shall be entitled to payment for
earned, but unused, vacation time, but not to severance pay as delineated in Section 6,
paragraph B, above.
Section 9: OISABILITY
l
D€€6Fb€r:O15-lg[L2910
lf Employee is permanently disabled or otherwise unable to perform his/her duties
because of sickness, accident, iniury, mental incapacity or health for a period of thirty (30)
calendar days beyond any earned sick leave, City shall have the option to terminate this
Agreement; however, the City's option to terminate under this Section shall be limited by its
obligation to engage in the interactive process for reasonable accommodations and to provide
reasonable accommodations as required by law. Nothing in this Section shall be construed to
limit or restrict Employee's benefits or rights under workers' compensation or the Public
Employees Retirement System ('PERS").
However, an employee terminated under this section is not eligible for severance pay, as
delineated in Section 6 of this Agreement.
ln cases of disability, Employee shall be compensated for any earned, but unused,
vacation leave.
Section 10: GENERAL PROVISIONS
A. Notice
Any notices required by this Agreement shall be in writing and either delivered in person
or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice
shall be addressed as follows:
TO CITY: [City Administrator/City Attorney]
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
TO EMPLOYEE: )fiXXXXXXXX
XXXXXXXXXX
XXXXX, XX XXXXX
B Entire Agreement
The text of this Agreement shall constitute the entire and exclusive agreement between
the parties. All prior oral or written communications understanding or agreements between the
parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or
modification to this Agreement may be made except by a written agreement signed by the
Employee and the [City AdministratoriCity Attorney] and approved as to form by the City
Attorney.
C Assignment
This Agreement is not assignable by either the City or Employee.
D Severability
ln the event that any provision of this Agreement is finally held or determined to be illegal
or void by a court having iurisdiction over the parties, the remainder of this Agreement shall
remain in full force and effect unless the parts found to be void are wholly inseparable from the
remaining portions of this Agreement.
.l
D€coreb€r+O1sJulv 201 6
E. Effect of Waiver
The failure of either party 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 power at any one
time or times be deemed a waiver or relinquishment of that right or power for all or any other
time or times.
F. Jurisdiction
Any action to interpret or enforce the terms of this Agreement shall be held exclusively in
a state court in Los Angeles County, California. Employee expressly waives any right to remove
any such action from Los Angeles County.
G. Effective Date
This Agreement shall take effect on [insert date - should be the same as the initial date
of the terml.
[Signatures Begin on Next Page].
5
De€@beF4e15-!U4110
lN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed
and executed on its behalf by its [City Administrator/City Attorney], and executed by the
Employee.
City of Vernon, a California charter City and
California municipal corporation
Jr., City Administrator
l@
or Hema P. Patel, City Attorneyl
ATTEST:
Maria E. Ayala, City Clerk
Approved as to form:
Hema Patel, City Attorney
6
Oe€€mb6r+O+5-JrlL?0]!
ln signing this Agreement, Employee understands and agrees that his/her employment status is
that of an at-will employee and that his/her rights to employment with the City are governed by
the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies
of the City of Vernon which might otheruvise apply to employees of the City. Employee further
acknowledges that he/she was given the opportunity to consult with an attorney prior to signing
this Agreement.
Signed:
Dated:
Employee
7
D€€€m5€r4e4+Ju!L2ql0
ATTACHMENT A
Job Oescription
8
D€c€6boE+e++Jsh4q10
A+rAet{flEx+€
AEKNEWTEDGEMENT A
Prote6tbn n6t,
frmissibla{Jnd€rlh€fa*
and-l#iilingl}+
I
Dec€mb6r+S15-JU[L?910
RECEIVED
JUL 2 6 2016
CITY C[ERl('S OFFICE
RECEIVED
JUL 2 5 20t6
CITY ADMINISTRATIONSTAFF REPORT
FINANCE DEPARTMENT &t-zv-tv
DATE:
TO:
FROM:
RE:
August 2, 2016
Honorable Mayor and City Council
Witliam Fox, Director o r rinon"" il4
Property and Casualty Insurance Placements for Fiscal Year 2016-17
Recommendation
A. Find that appfoval of the placement of property and casualty insurance for fiscal year
2016'17 is exempt under the Califomia Environmental Quality Act (CEQA) in
accordance with Sections 15060(c)(3), 15378(bX4), and 15378(bX5). This is because the
activity of authorizing the placernent of insurance will not result in direct or indirect
physical changes in the environment and, therefore, is not a "project," as defined in
Section 15378 of the CEQA Guidelines; and
B. Authorize the City Administrator to bind the City for the annual insurance coverage for
fiscal year 2016-17, provided the total annual premiums to be paid shall not exceed
$898,085. This includes the renewal of policies for excess liability insurance, errors &
omissions, property, excess workers' compensation, crime, pollution liability' and
environmental site liability, automobile physical damage, and cyber liability coverages.
Backsround
Three years ago the City went through a request for proposal process .ui part of the good
govemance reform and selected a new insurance broker, Aon Insurance Services. Since that
time they have working diligently with the City's Director of Finance to identifu appropriate
coverage types, coverage amounts, self-insured retentions (deductibles), and competitive pricing
in conjunction with the annual renewal process. This analysis included working with insurance
underwriters from our existing insurance carriers and potential new ones were solicited. This
process included providing requested financial and claims information to insurance carriers to
help obtain required coverage at a competitive price and terms. In addition, professional property
and equipment site assessments were done to make sure coverage limits are appropriate and that
safe conditions exist. The insurance negotiation and placement process was concluded on June
14,2016.
The current schedule of coverage is summarized on the next page. The final premium amount of
$898,085 is less than the budgeted amount of$1,069,530 for a savings of5171,445 or 160/o.
Fiscal Year 2016-17 Insurance Requirements
Insurance T
Excess Liability
Public Offrcial Errors & Omissions
& Employment Practice Liability
Excess Workers Compensation
Employee Crime
Commercial Property
Residential Property
Environmental Impairment Liability
Cyber Liability
Auto Physical Damage
Brokerage Service Fee
Total Amount
/ Deductible
$20 Million Limit
$2 Million Deductible
$2 Million Blanket
5250,000 Deductible
$50 Million Limit
$l Million Deductible
Sl Million Limit
S25,000 Deductible
$233 Million Limit
Various Deductibles
S8.6 Million Limit,
52,500 Deductible
$5 Million Limit
$l Million per clairn,
S25,000 Deductible
3 Million Limit,
$75,000 Deductible
Sl0 Million Limit,
55,000 Deductible
Premium
s 145,027
162,462
116,469
4,092
288.687
3t,079
17,256
41,280
21,733
70,000
$898,085
Justilication
Since the City completed a competitive RFP selection process to identif, Aon Insurance Services
as its insurance broker, their professional expertise has been relied upon for identiffing the
required insurance policy types, deductibles, and coverage amounts. They in tum annually go out
to the market place and solicit quotes from insurance carriers to ensure competitive rates are
obtained. On certain coverages, up to 16 insurance carriers were solicited. These policy
coverages have been determined to be prudent and appropriate to safeguard the City. lnsurance
contracts are exempt from the competitive bidding requirements, pursuant to Vernon Municipal
Code $ 2. 17. l2(AX8).
Fiscal Imoact
The total fiscal cost for insurance coverage is currently expected to be $898,085 for fiscal year
2016-17. The approved budgeted funds is S1,069,530. Thus, this authorization is less than the
annual approved budgeted amount. As a result, there are sufficient funds that have been budgeted
for fiscal year 2016-17.
Attachments
None.
RECEIVED
JUL 2 7 2016
CITY CLERK'S OFFICE
RECEIVED
JUL 2 5 2016
CITY ADMINISIRATION
STAFF REPORT @ l-z,t -tt,
HUMAN RESOURCES DEPARTMENT
DATE:
TO:
FROM:
R.E:
August 2, 2016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
DELEGATING AUTHORITY TO THE CITY ADMINISTRATOR TO
MAKE DETERN{INATIONS REGARDING INDUSTRIAL DISABILITY
RETIREMENTS
Recommendation
A. Find that approval of the proposed Califomia Public Employees Retirement System
(CaIPERS) Resolution for Delegation of Authority for Industrial Disability Retirements
to the City Administrator is exempt from Califomia Environmental Quality Act
C'CEQA) review, because it is an administrative activity that will not result in direct or
indirect physical changes in the environment, and therefore does not constitute a
"project" as defined by CEQA Guidelines section 15378.
B. Approve the attached resolution delegating authority to the City Administrator to make
applications for disability retirements on behalf of employees to CaIPERS, and/or to
make determinations on industrial disability retirement for safety employees once an
application is submitted to CaIPERS.
Backpround
The City is a contracting agency with CdPERS for local safety and non-safety members. As
part of the contract, CaIPERS administers a disability retirement pro$am for local safety
members. Disability retirement applications may be initiated by either the CaIPERS member
(i.e. the employee), the goveming body of the contracting agency (City Council), or by an
offrcial designated by the goveming body.
Once CaIPERS receives an application for disability retirement filed by, or on behalf of, a
CaIPERS safety member, the contracting agency is required to determine whether the employee
is incapacitated or "disabled" from performing his/her job duties and, if so, whether his/her
disability is an "industrial" disability. In making this determination, the contracting agency is
Page 1 of 2
required by CaIPERS to make certain specified findings, determinations and statements. The
contracting agency must then certifu its determination to the CaIPERS Board, which will
approve or disapprove the application for disability retirement based on the contracting agency's
determination.
City Council action is required to delegate authority to the City Administrator to make safety
officer industrial disability retirement determinations on behalf of the City. On June 28, 2016,
the Human Resources Department received a notice from CaIPERS advising that the City of
Vemon does not have a valid Resolution for Delegation of Authority on file. Govemment Code
section 21156 grants authority to the goveming body of the contracting agency to make a
determination on the basis of competent medical opinions. If the goveming body of the
confiacting agency decides to delegate the authority to an incumbent, the agency is required to
submit a Resolution for Delegation of Authority to CaIPERS.
In order for CaIPERS to accept an employer originated disability retirement application and/or
process disability determinations, the City of Vemon must provide CaIPERS with a Resolution
Delegating Authority. It is recommended that authority for industrial disability retirement
determinations and applications be delegated to the City Administrator.
Fiscal Impact
None.
Attachment(s)
l. Resolution
2. CaIPERS Notice
Page2 of2
P O. 8ox 2796 Sacramento, Cl95812-2796Itl C.PtlS (or tt&225-73711
rN:18771249-742 I tari {9161 795-128{,
wr.calpcrt.ca.aoy
lune 22,2016
Acrppns
ffiEDC.liro.nL Public Efiployccr' Rcii.circr SV*am
JUN 2 7 2016
PEFSONNEL OFACECIryOF VERNON
City of Vernon
4305 Santa Fe Avenue
Vernon, C.A 90O58
CaIPERS rD: 343!795727
Dear City Administrator:
This letter is to inform your agency that GIPERS does not have a valid Resohrtion for Deletation of
Authority on file. Govemment Cod€ section 21155 grants authority to the goreming Hy of the
contractint atency to make a determination on the basis of competent medical opinion and shall not
use disability retirement as a substitute for the disciplinary process. f the governing body of the
contractint agency decides to deletate the authority to an incumbent, the atency is required to submit
a Resolution for Dde&tion of Authority to CaIPERS.
ln order for CaIPERS to accept your agends enrploye. o.i$nated disabili+' retirement applications
and/or process your disability determinations, you murt provide CaIPERS with an updated Resolution
for Delegation of Authority. Faalure to do so may resuh in a cancellation of the application or delay in
processing your determinations, and therefore delay payint retirement benefits to a membet.
Enclosed is a sample of the resolution for yotrr reference.
Your prompt cooperation in this matter is treatly appreciated.
We are here to assist you. lf you have any questions, please visit our website at
www.calpcrs.ca.tov, or you may call us toll free at t88 CIIPERS 1t[&225'73771.
Sincerely,
Stacey Olsen
Retirement Pro8ram Specialist
Disability Retirement Section
JUr{ 2 7 2016
DEPT
Page 1 ol 1
RESOLUTION NO.
A RESOLIITION OF THE CITY COI'NCIL OF THE CITY OF
VERNON DELEGATING AUIHORITY TO THE CITY
ADMINISTRATOR TO MAKE DETERMINATIONS REGARDING
TNDUSTRIAI DISABfLITY RETIREMENTS
WHEREAS, the Cit.y of Vernon (hereinaf t,er referred to as
"Agency" ) is a cont.racting agency of t.he California Public Employees,
Retirement System ('Ca1PERS" ) ,. and
WHEREAS, tshe Public Employees, ReEirement Law requires that
a contract.ing agency deE.ermine whet.her an employee of such agency in
employment in which he/she is classified as a l-ocal safetsy member is
disabled for purposes of the Public Employees' Ret.irement Law and
whether such disabil-ity is "industrial" within such meaning of such
Law,. and
WHEREAS, tshe CiEy Council of the City of Vernon has
detsermined upon staff and legal advice that it may delegate authority
under Governmen! Code SecEion 2LL73 Eo make such determinations to the
incumbents of the office/position of City Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CTTY OF VERNON AS FOLLOWS:
SECTION l-: The City Council of the Cit.y of Vernon hereby
finds and detsermines that the a-bove recit,als are true and correct.
SECTION 2: The City Council of the CiCy of Vernon finds
Chat this action is exempt from California Environmental Oualit.y Act
("CEQA" ) review, because it is an administrative act.ivity that. will
not result in direct or indirect. physical changes in tshe environment,
and E.heref ore does not const.icute a ..proj ect,, as def ined by CEOA
Guidelines sect,ion 15378.
SECTION 3:The City Council of Ehe City of Vernon hereby
delegat.es to the incumbent of the office/posiEion of City
Administ.rator t.he autshority to make determinaEions of disability on
behalf of the Agency under covernment Code Section 21155 and whet.her
such disability is indusErial and Co certify such determinaE.ions and
a1I other necessary information to CaIPERS.
SECTfON 4: The City Council of the City of Vernon also
delegat.es to the incumbent of lhe office/position of Citsy
AdministraEor the authoritsy to make applications on behalf of the
Agency pursuant to Government. Code Section 21152 (c) for disability
relirement of all employees and t,o initiate requests for reinstaEements
of such employees who are ret.ired for disabllity.
SECTION 5: The City Clerk, or Deputy City Clerk, of tshe
city of Vernon shaLl cert.ify to the passage, approval and adopt.ion of
this resolution, and E.he City Clerk, or Deput.y CiEy C1erk, of the City
of Vernon shall cause t.his resolution and Ehe City Clerk's, or Deputy
City Clerk's, certificaEion to be entsered in the FiIe of Resolutions
of tshe Council of this City.
APPROVED AND ADOPTED Ehis 2"d day of August, 2015
Name :
Tit.le: Ylayor / Mayor Pro-Tem
ATTEST:
Cit.y Clerk /
APPROVED
Deputy City Clerk
TO FORM:
Cit.y Atstorney
-2-
sa, Senior Deputy
STATE OF CALIFORNIA ))ss
COUNTY OF LOS ANGELES )
I,, Cit,y Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
City Council of the Citsy of Vernon at. a reg'uLar meeting of the City
Council duly held on Tuesday, August 2, 2015, and thereaft.er was duly
signed by the Mayor or Mayor Pro-Tem of the CiEy of Vernon.
Executed t.his day of AugusE, 2015, aL Vernon, California.
City Clerk / Deputy City Clerk
(SEAL)
3
RECEIVED
JUL 2 ? 2016
NYCLERKSOIIICE
RECEIVED
JUL 2 6 2016
CITY ADMINISTRATION0l- t-zt-vqSTAFF REPORT
HUMAN RESOURCES DEPARTMENT
DATE:
TO:
FROM:
RE:
August 2,2016
Honorable Mayor and City Council
Lisette Michel Grizelle, Sr. Human Resources 1o ry"fu
Originator: Karina Rueda, iu."n R..or.ces nnatyst"B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING THE INDUSTRIAL DISABILITY RETIREMENT
APPLICATION OF FRANCESCO M. PIRELLO, A LOCAL SAFETY
MEMBER FORMERLY EMPLOYED BY THE CITY OF VERNON
(GOVERNMENT CODE SECTION 2U54 AND 2[56)
RecomDendation
A. Find that approval of an Industrial Disability Retirement for Francesco M. Pirello,
Retired Police Sergeant, is exempt under the Califomia Environmental Quality Act
("CEQA') review, because it is an administrative activity that will not result in direct or
indirect physical changes in the environment, and therefore does not constitute a
"project" as defined by CEQA Guidelines section 15378.
B. Re-consider their previous decision (Resolution No. 2013-98) denying an Industrial
Disability Retirement Application for Francesco M. Pirello based on insufficient medical
evidence, and based on a re-evaluation of this case, adopt the attached resolution
approving Mr. Pirello's Industrial Disability Retirement Application as the findings and
determinations pertaining to Mr. Pirello's Application, pusuant to Govemment Code
21156, based on further medical evidence that Mr. Pirello is substantially incapacitated
from the performance of his usual and customary duties as a Police Sergeant for the City
of Vemon.
Backeround
Mr. Pirello was hired on August 27, 1990, and retired as a Police Sergeant on June 27,2013.
On July l, 2013, the City of Vemon received notice that Mr. Pirello filed an application for an
Industrial Disability Retirement C'IDR). In accordance with Government Code Sections 21 154
and 21156, the City is required to determine the member's disability eligibility within six months
of the IDR request. On its own, a Worker's Compensation Award is not sufficient evidence that
Page 1of 2
a local safety member is disabled for retirement purposes. There must be a specific finding
under Govemment Code Section 21166,by the employer, with respect to the disability for which
the member will be retired. If it is determined that the member is not disabled from the
performance of his or her own duties, a resolution to that effect must be submitted to CaIPERS.
On November 19, 2013, the City Council adopted Resolution No. 2013-98, which denied Mr.
Pirello's application for an IDR on the basis of insuffrcient medical evidence that Mr. Pirello was
substantially incapacitated from the performance of his usual and customary duties as a Police
Sergeant for the City of Vemon.
On March 10,2015 and on December 1,2015, additional medical reports were issued by Mr.
Pirello's treating Doctor supporting a finding that due to orthopedic injuries sustained, Mr.
Pirello is substantially incapacitated from performing his usual and customary job as a Police
Sergeant with the City of Vemon's Police Department.
In addition, a compromise and release agreement was approved on April 19,2016, releasing the
City of all claims. Based on a re-evaluation of this case and Mr. Pirello's additional medical
reports, it is recommended that the City Council reconsider the previous denial and approve the
IDR application effective as of Mr. Pirello's retirement date of June 28,2013.
Fiscal Imoact
None.
Attachment(s)
I . Resolution
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING THE INDUSTRIAL DISABTLITY
RETIREMEN'T APPLICATION OF FRANCESCO M. PIRELLO, A
LOCAI SAFETY MEMBER FORMERLY EIT,IPLOYED BY THE CITY
OF VERNON ( GOVERNMENT CODE SECTIONS 21154 AND
2l_l-s5)
VIHEREAS, the CiEy of Vernon (hereinafter referred t.o as
"Agency" ) is a cont.racting agency of Ehe Public Employees' Ret.irement
System,'and
WHEREAS, the Pu-blic Employees' Retirement Law requires that
a contract.ing agency determine whet.her an employee of such agency in
employment, in which he/she is classified as a local safety member is
disalcled for purposes of the Public Employees' Retirement Law and
whether such disabilit.y is "industrial" within such meaning of such
Law; and
WHEREAS, on ,Ju1y 1, 20]-3, Ehe CiEy of Vernon received notice
tshat an application for industrial disability retirement for Francesco
M. Pirello employed by the Agency in the position of Police Sergean!
in the Vernon Police Departsment was filed with Ehe Pu-blic EmpLoyees,
Retirement. System ("PERS"); and
WHEREAS, on Novernlcer L9, 201-3, the City Council of the City
of Vernon adopted Resolution No. 2013-98, pursuant to Government Code
section 2]-156, denying an applicaE.ion for an industrial disability
retirement by Francesco M. Pirello; and
WHEREAS, by memorandum daEed August 2, 201-6, the Deparlment
of Human Resources has recommended tha! the City Council reconsider
their previous decision denying an industrial disability retirement.
application for Francesco M. PireIlo based on further medical evidence
and staff's re-evaluation of tshis case, and Ehat the Citsy Qouncil
approve the industriat disabilily retsiremenc of Francesco M. Pirello;
and
WHEREAS, the CiEy Council of the City of Vernon has reviewed
medical and other evidence relevants Eo such alleged disability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COTJNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are Erue and correct.
SECTION 2:The CiEy Council of t.he City of Vernon finds
that. t,his action is exempt under the California Environmencal Quality
Act ("CEQA") review, because it is an administralive activity that
wil-I noE result in direct or indirect physical changes in tshe
environmenE, and tsherefore does not constitute a "projecE" as defined
by CEOA Guidelines sectsion 15378.
SECTTON 3:Based on competent medical evidence, the City
Council of the City of Vernon hereby finds and determines thaE
Francesco M. Pirello is su-bstantially incapacitated from tshe
performance of his usual and cust.omary duties as a police sergeant for
the City for a permaaent or extended and uncerEain duration within the
meaning of tshe Public Employees' Retirement Law.
SECTIoN 4: The City Council of the cicy of vernon hereby
finds and determines that. such disabilities are a resulE. of injury or
disease arising ouu of and in the course of empLo)ment. Neitsher Ehe
City Council of the City of Vernon nor Francesco M. Pirello has applied
tso the workers' Compensat.ion Appeals Board for a detsermination pursuarrt.
t.o Government Code Section 21165 wheEher such disability is industrial,
arld that there is not a possibility of third-party liability.
-2-
SECTION 5: Francesco M. Pirello' last day in paid status
uras Jrrne 27, 2013, afEer exhausE.ion of all leaves, if any, under
Government Code SecEion 2L]-64 and no dispute as to the e:<pirat.ion of
such leave rightss exists. Francesco M. Pirello' retirement date as a
police sergeant for the CiCy was June 27, 2013.
SECTION 5: Francesco M. Pirello is and has been receiving a
PERS service retirement. effective ,fune 28, 2013. Advanced Disability
Pension Pa)ments will not be made.
SECTION 7: Francesco M. Pirello is competent to act on his
own behalf in legaffy binding retirement matEers.
SECTION 8: The Citsy Clerk shall notify Mr. Pirello of Ehe
CiEy Council's det.ermination approving his application for industrial
disalcility retsirement.
-3-
SECTfON 9:The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to t.he passage, approval and adoptsion of
t.his resoluEion, and Ehe Citsy C1erk, or Deputy Citsy C1erk, of Ehe City
of Vernon shall cause this resol-ut.ion and t.he City Clerk's, or Depuly
City Clerk's, certification to be entsered in tshe Fil-e of Resolutions
of Ehe Council of this City.
APPROVED AND ADOPTED this 2"d day of AugusE, 2015.
Name:
Tit1e: Mayor / Mayor Pro-Tem
ATTEST :
City Clerk / Deputy City clerk
APPROVED AS TO FORM:
N . Moussa, Senior Deputy Cit.y AE.t.orney
-4-
STATE OF CAIIFORNIA )
) ss
COUNTY OF LOS ANGELES )
t,, Cit.y Clerk / Deputy City Clerk of the City
of Vernon, do hereby certify thaE. the foregoing Resolut.ion, being
ResoluEion No. , was duly passed, approved and adopted by tshe
City Courlcil of Ehe City of Vernon at a regular meeting of t.he City
Council duly held on Tuesday, AugusE. 2, 2016, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of E.he City of Vernon.
Executed this day of August, 2015, at Vernon, California.
CiEy clerk / Deputy City Clerk
(SEAL)
-5-
RECEIVED
JUL 2 5 2016
CITY CLERl('S OFFICE
RECEIVED
JUL r I 2016
CITY ADMINISTRATION
STAFF REPORT 41-2"-w
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
DEPARTMENT
DATE:
TO:
FROM:
August 2, 2016
Honorable Mayor and City Council
,0r
Derek Wieske, Director of Public Works, Water and DevelopmentDepartment .=Z lOriginator: Lissette I\lelendez, Assoriate Engineerl/ft|
Authorization to Execute a Grant Deed at 5fi)l Soto Street
Services
RE:
Recommendations
A. Find that accepting the Grant Deed is exempt from the Califomia Environmental Quality
Act ("CEQA") in accordance with CEQA Guidelines Section 15301(c) because if any
construction occurs as a result of accepting and executing the Grant Deed, the work
would merely involve negligible expansion of an existing street; and
B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the
Cenificate of Acceptance and the Grant Deed for approximately 3,144 square feet ofland
located at 5001 Soto Street.
Background
Be[ Air Soto, LLC, the owner of the property located at 5001 Soto Street, is currently under
construction with a new approximately I 19,00O square foot commercial site building. As part of this
development, the City of Vemon required the construction of a cul{e-sac at the intersection of Seville
Avenue and the previously vacated 50e Street in order to facilitate the truck tuming movements at this
currendy dead end location. On December 15, 2015, the City Council approved a Construction
Management and Reimbursement Agrcement between Bel Air Soto, LLC and the City of Vemon. As
pan of the agrc€ment, the propeny owner has agreed to dedicate approximately 3,144 square feet of
land to the City of Vernon ("City"), and construct a cul-de-sac. As stated in the approved agreement,
the City will fund the cost of construction of the culde-sac improvements up to 596,000.
This Grant Deed from Bel Air Soto, LLC, a Nevada limited liability company dedicates to the
City of Vernon in fee simple title, a portion of propeny at 5001 Soto Street, assessor's parcel
number 6308-002 -O22 to be used for street purposes.
Page I of 2
The grant deed has been approved as to form by the City Attomey's Office.
Fiscal Impact
Processing ofthe Grant Deed has no fiscal impact.
Attachment(s)
1. Certificate of Acceptance
2. Resolution
Page 2 of 2
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to cenify that interests in real propeny conveyed to or created in favor of the City of
Vemon by that certain Grant Deed dated February 26,2016, executed by Bel Air Soto, LLC, a
Nevada limited liability company, is hereby accepted by the undersigned officer on behalf of the
City pursuant to the authority conferred by Resolution No. by the City Council of
the City of Vemon on August 2, 2O16, and the grantee consents to recordation thereof by its duly
authorized officer.
Dated:2016
CITY OF VERNON
WILLIAM DAVIS, Mayor
ATTEST:
MARIA E. AYALA, City Clerk
APPROVED AS TO FORM:
ZAYNAH MOUSSA, Deputy City Attomey
RESOI,UTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND ACCEPTING THE GRANT DEED
DEDICATING IN FEE A PORTION OF THE PROPERTY LOCATED
AT 5OO1 SOTO STREET
WHEREAS, on December 1-5, 2015, the City Council_ of the Ci.ty
of Vernon approved, by minut.e order, a Construction Management. and
Reimbursement AgreemenE with BeI Air Soto, LLC (the "Grantor"), which
includes construction of a new l-29,000 square foot. building and
construccion of a cuI-de-sac; and
WHEREAS, as parE of Ehis development. crant.or has offered t.o
dedicate in fee a portion of the real property in the City commonly
known as 5001- Soto Street. in the City of Vernon, approximatsely 3,f44
square feet in size, locat.ed on Ehe corner of Seville Avenue and t.he
previously vacated 5oth Street, assessor's parcel number 6308-OO2-022
(Che "Property" ) ; and
WHEREAS, Granlor has delivered to the City a grant deed dated
February 26, 20L6, dedicating in fee the ProperEy to the City, a copy
of which is atcached heret.o as Exhibit A ("Grant Deed,.) ; and
WHEREAS, by memorandum datsed August 2, 2076, the Department.
of Public Works, Wat.er & Development Services has recommended that Ehe
City accept the Grant Deed and approve executsion of the Certif icat,e of
Acceptance.
NOW. THEREFORE,
CITY OF VERNON AS FOLLOWS:
SECTION 1: The
BE IT RESOLVED BY THE CITY COUNCIL OF THE
finds and determines that
City Council of t.he City of vernon hereby
lhe above reciEal-s are true and correcE..
City CounciL of the CiE.y of Vernon finds
under the Cal-ifornia Environmenlal QualiEy
SECTION 2: The
that t.his action is exempE
Act ( CEOA) . in accordance with CEQA Guidelines section 15301 (c) because
if any constsruction occurs as a result of accepting and execut.ing the
Grant Deed, the work would merely involve negligible expansion of an
existing st.reet.
SECTfON 3:The City Council of Che City of Vernon hereby
accepts the interests in real property conveyed Eo the City of Vernon
by t.he Grant Deed, approves tshe Grant Deed and consents tso lhe
recordation of the Grant Deed.
SECTION 4:
authorizes the Mayor
Accepcance accepting
Vernon and Ehe Citsy
E.o attest E.hereto.
authori ze s
Services,
The City CounciL of the City of Vernon hereby
or Mayor Pro-Tem to execute the CerEificatse of
the cran! Deed for, and on behalf of, tshe City of
C1erk. or Deputy City Clerk, is hereby auEhorized
SECTION 5: The City Councif of the City of Vernon hereby
directs t.he City Administsratsor, or his designee, Eo take whatever
actsions are deemed necessary or deslrable for the purpose of
implementing and carrying out the purposes of this Resolution and the
actions herein approved or authorized.
SECTION 6: The City Council of Ehe CiEy of Vernon hereby
the Department. of Pub1ic Works, Water & Devel-opment
to su-bmi t. Ehe Grant Deed to t.he Counly Recorder.
2
SECTION 7: The City C1erk. or DepuEy City C1erk, of the
City of Vernon shall cercify to the passage, approval and adoption of
this resolution, and t.he City C1erk, or Deputy City C1erk, of the City
of Vernon shall- cause this resoluE.ion and tshe City Clerk's, or Deputy
City Clerk's, certification Eo be entered in the File of Resolutions of
the Council of this City.
APPROVED AND ADOPTED this 2nd day of August., 2016.
Name:
Title: Mayor / Mayor Pro-Tem
ATTEST:
City Clerk / Deputy City Clerk
APPROVED AS TO FORM:
Senior Deputy CiEy Attorney
3
STATE OF CALIFORNIA )) ss
COIJNTY OF LOS ANGELES )
T,, City Clerk / Deput.y City Clerk of the City
of Vernon, do hereby cert.ify that the foregoing Resolution, being
Resolution No. , was duly passed, approved and adopted by the
City Council of the City of Vernon at a regul-ar meeting of the City
Council duly held on Tuesday, August. 2, 2015, and thereaf t.er was duly
signed by t.he Mayor or Mayor Pro-Tem of the City of Vernon.
ExecuE.ed E.his day of August, 2016, aE Vernon, California.
Citsy Clerk / Deputy City Clerk
(SEAL)
4
EXHIBIT A
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO:
City of Vemon
4305 Santa Fe Avenue
Vemon, CA 90058
Atbr: City Clerk
MAIL TAX STATEMENTS TO:
Exempt
SPACE ABOVE THIS LINE RESERVED FOR RECORDf,R'S USE
GRAI\TDEED
APN: 608-O02{122
IX)CUMENTARY TRANSFER TAX IS NONE - NOT REQUIR.CD SEC. 11922 R.EVENUE
TAXATION CODE.
FOR VALUABLE CONSIDERATION, RECEIPT OF WIIICH IS HEREBY ACKNOWLEDGED,
Bel AIr Soto, LLC, r Nevrdr Limited Lhblllty Conprny (the 'Grr!tor")
HEREBY GRANT(S) TO:
Cl$r ofVernon, r body corporete end pofitic (thc'Grenter")
That certain real propcrty (the 'Cotrveyed Property"), as described in Exhibit "A- artached hereto and
incorporaled hercin by ttis reference, and as more particularly shown on the map attached hereto as
Exhibit "B" and incorporaled herein by this reference. The Conveyed Prqerty is a portion of the
property oc.ned in fee simple by the Grantor. The property is located in the City of Vemon, County oft s Atrgeles, Stab of Cslifomia
Date: February 26,2016
"Grantor"
Mehesti Mrshhoon, Maneger
Nene; Tide,/'' '..+(Hilu _,S&rrre-
;d R. Mrshhoo
personally app€ared
A mtary public or other officer corpletinB this ceatificato verifies only the ideotity ofthe individual who sign€d
the dcume [o whicb this certificate is attachd atrd not the Euthfulrcss, accuracy, or vdidity of thst docum€nl
ttate of Califomia
countyor lrt f\ttlf <
o, ?trlt'.p
-hroreme,
6ft0o4LL Al-LrA0,,q.0o - l-.bro+, QUo
(Iosen Name of Noby Public md Title )
hu"J
HAnl"ro U fntsu 4at".t
who proved to me on the basis of sarisfactory evidence to be the p€rson{:) whose nam{s)
is/are subscribed to the within inshument and acknowledged trnshument and acknowledged to me that he/she/qslexecuJa
the same in his/her/their authorized capacity(ies), and ftat by his/her/their sigpanre(s) oo the
instrument the person(s), or the entity upon behalf on which the person(s) acted, executed the
instnrment.
I certify under PENALTY OF PERJT RY under the laws of the Strte of Ctlifornir thrt
the forgoing paregrrph is true rnd correct.
WITNESS my hand and official seal.
EXH]BIT A
STREET DEDICATION
A PORtlo'l 0F LoT 5 0F TRACI N0. 6452, lN IHE CITY 0F \IERNoN, CoUN]'r 0F LOS AllcELES, STATE 0F
CALIFORNIA, AS PER MAP RECORD$ IN BOOK 34 PAGES 77 AND 78 OF I,IAPS, IN IHE OFFICE OF IHE
COUNTY RECOROER OF SAO COUNTY, OESCRBED AS FOLLOIVS:
OEGINNING AT THE NOR]H WEST CORNER OF SAID LOT, SqID POINI BEING IHE ITIERSECTION OF THE
surHtRLY RTGHT 0F yvAy 0F 50TH STRE$ (VACATID) AND IHE EASTERLY RtcHT 0F WAy 0F SEVTLLE
A\ENUE; THENCE SOJTHTRLY AL0NG SAID EASTERI-Y RlCl{T 0F IYAY S0UIH 00'09'00' EASI 5.00 FEEI T0
THE TRUE POINI OF BEGINNIM:
THEN SOUIH 0009'00' EIST 100.70 FEEI: THENCE LEAVING SAiD RIGHT 0F IYAY T0 A NON-TANGEM CURVE
C0NCAIE NORTH-EAST HAVING A RADIUS 0F 350.76 FEET; THENCE ALONG SAID CURVE 6.19 FEET THROUGH
A CENIML ANGLE 0F 1'00'+2" UIH AN EMffi RAUAL 0F TORTH 6214'JO" EAST; IHEME TO A
NON-TANGENT CURVE CONCAVE SOU]H-EAST IYITH A MDIAT SOTIIH 6$10'45, EAST HAVING A RADIUS OF
+4.06 FEEI; ]HENCE ALONG SAID CURVE A LENGIH 0F 28.99 FEEI IHROUGH A CENIRAL ANGLE 0F
lT41'5+' TO A RMRSE CURVE MVING A RADUS OF +5.50 FEfl; THENCE ALOiIG SAID CURVE 115.55
FEEI ]HROUGH A CENTRAL AI{GLE OF I45JO'25. TO THE TRUI POINT OF EEGNNING.
ALSO EXCEMI{G IHEREFROM AI MINERAL AND MINEML RIGHIS, II'CLUDIM OIL AND G'5 RIGHIS.
DEDIC/cTION C0NIAINS AN AREA 0F APPROXMATELY 3,144 SF 0R 0.072 ACRES.
?Ro.JECT
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