20201013 Special City Council Agenda Packet
Agenda
City of Vernon
Special City Council Meeting
Tuesday, October 13, 2020, 09:00 AM
City Hall, Council Chamber
4305 Santa Fe Avenue
Vernon, California
Leticia Lopez, Mayor
Melissa Ybarra, Mayor Pro Tem
William Davis, Council Member
Carol Menke, Council Member
Diana Gonzales, Council Member
THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVERNOR NEWSOM'S EXECUTIVE
ORDER N-29-20.
The public is encouraged to view the meeting at http://www.cityofvernon.org/webinar-cc or by
calling (408) 638-0968, Meeting ID 929-7790-3243#.
You may submit comments to PublicComment@ci.vernon.ca.us with the subject line “October 13,
2020 Special City Council Meeting Public Comment Item #__.” Comments received prior to 8 a.m.,
Tuesday, October 13, 2020, will be read into the record.
CALL TO ORDER
FLAG SALUTE
ROLL CALL
APPROVAL OF 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.
Special City Council Meeting Agenda
October 13, 2020
Page 2 of 3
NEW BUSINESS
1. Human Resources
Amendment No. 2 to the Memorandum of Understanding with the Vernon Professional
Firefighters' Association, Local 2312
Recommendation:
Adopt Resolution No. 2020-34 approving and authorizing the execution of Amendment
No. 2 to the Memorandum of Understanding by and between the City of Vernon and
the Vernon Professional Firefighters' Association, Local 2312.
1. Resolution No. 2020-34
ORAL REPORTS
City Administrator Reports on Activities and other Announcements.
City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff.
CLOSED SESSION
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation
Government Code Section 54956.9(d)(2)
Number of Potential Cases: 1
Facts and Circumstances: Interim City Attorney to provide oral statement prior to
closed session pursuant to Government Code section 54956.9, subdivision (e)(2).
CLOSED SESSION REPORT
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 24
hours prior to the meeting set forth on this agenda.
Dated this 8th day of October, 2020.
By: __________________________________
Sandra Dolson, Administrative Secretary
Special City Council Meeting Agenda
October 13, 2020
Page 3 of 3
Guide to City Council Proceedings
Meetings of the City Council are held the first and third Tuesday of each month at 9:00 a.m. and
are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal Code Section
2.1-1).
Copies of all agenda items and back-up materials are available for review in the City Clerk
Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are available for
public inspection during regular business hours, Monday through Thursday, 7:00 a.m. to 5:30 p.m.
Agenda reports may be reviewed on the City's website at www.cityofvernon.org or copies may be
purchased for $0.10 per page.
Disability-related services are available to enable persons with a disability to participate in this
meeting, consistent with the Americans with Disabilities Act (ADA). In compliance with ADA, if you
need special assistance, please contact the City Clerk department at CityClerk@ci.vernon.ca.us
or (323) 583-8811 at least 48 hours prior to the meeting to assure arrangements can be made.
The Public Comment portion of the agenda is for members of the public to present items, which
are not listed on the agenda but are within the subject matter jurisdiction of the City Council. The
City Council cannot take action on any item that is not on the agenda but matters raised under
Public Comment may be referred to staff or scheduled on a future agenda. Comments are limited
to three minutes per speaker unless a different time limit is announced. Speaker slips are available
at the entrance to the Council Chamber.
Public Hearings are legally noticed hearings. For hearings involving zoning matters, the applicant
and appellant will be given 15 minutes to present their position to the City Council. Time may be
set aside for rebuttal. All other testimony shall follow the rules as set for under Public Comment. If
you challenge any City action in court, you may be limited to raising only those issues you or
someone else raised during the public hearing, or in written correspondence delivered to the City
Clerk at or prior to the public hearing.
Consent Calendar items may be approved by a single motion. If a Council Member or the public
wishes to discuss an item, it may be removed from the calendar for individual consideration.
Council Members may indicate a negative or abstaining vote on any individual item by so declaring
prior to the vote on the motion to adopt the Consent Calendar. Items excluded from the Consent
Calendar will be taken up following action on the Consent Calendar. Public speakers shall follow
the guidelines as set forth under Public Comment. New Business items are matters appearing before the Council for the first time for formal action.
Those wishing to address the Council on New Business items shall follow the guidelines for Public
Comment.
Closed Session allows the Council to discuss specific matters pursuant to the Brown Act,
Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these
matters in open session would prejudice the position of the City. Following Closed Session, the
City Attorney will provide an oral report on any reportable matters discussed and actions taken. At
the conclusion of Closed Session, the Council may continue any item listed on the Closed Session
agenda to the Open Session agenda for discussion or to take formal action as it deems
appropriate.
City Council Agenda Item Report
Agenda Item No. COV-380-2020
Submitted by: Michael Earl
Submitting Department: Human Resources
Meeting Date: October 13, 2020
SUBJECT
Amendment No. 2 to the Memorandum of Understanding with the Vernon Professional Firefighters'
Association, Local 2312
Recommendation:
Adopt Resolution No. 2020-34 approving and authorizing the execution of Amendment No. 2 to the
Memorandum of Understanding by and between the City of Vernon and the Vernon Professional
Firefighters' Association, Local 2312.
Background:
The term of the current operative Memorandum of Understanding (MOU) between the City and the
Vernon Professional Firefighters' Association (VPFA) runs through March 31, 2021 or until the date of
transition of fire services to the Los Angeles County Fire Protection District, whichever occurs first. In
July of 2008, the City implemented a third tier of a longevity pay program for employees represented by
VPFA. The City has paid this longevity tier through a provision in the MOU entitled "Service Adjustment
Increase" and has been reporting this pay to the California Public Employees Retirement System
(CalPERS).
CalPERS recently notified the City that it had misreported this type of compensation. Based on the
research and information available, it is clear that this compensation was intended as longevity pay,
which qualifies and is reported to CalPERS as "special compensation". As such, an amendment to the
MOU is required in order to properly classify this pay for CalPERS purposes. The City has been
reporting this premium pay to CalPERS and has been making the required contributions for reporting
this compensation since 2008. However, in order to correct the way in which the pay is reported, an
amendment to the MOU is appropriate. CalPERS has reviewed the proposed language, as well as how
this pay has been applied to the affected employees, and is in agreement with the proposed method
recommended for correcting this reporting error. The City Attorney's Office has reviewed and approved
the proposed MOU amendment as to form.
Fiscal Impact:
There is no fiscal impact as a result of approving this amendment to the MOU. The City and the affected
employees have been making all required contributions associated with this special compensation
reported to CalPERS since inception of the program in 2008.
Attachments:
1. Resolution No. 2020-34
RESOLUTION NO. 2020-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT
NO. 2 TO THE MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF VERNON AND THE VERNON PROFESSIONAL
FIREFIGHTER’S ASSOCIATION, LOCAL 2312
SECTION 1. Recitals.
A. The Vernon Professional Firefighters Association (VPFA) Local 2312, formerly titled
the Vernon Firemen’s Association, has been recognized as an employee organization
pursuant to the City of Vernon Employer-Employee Relations Resolution (Resolution No.
4027).
B. On July 12, 2016, the City Council of the City of Vernon adopted Resolution No.
2016-36 approving a Memorandum of Understanding (MOU), as amended on April 3, 2018,
by Resolution No. 2018-10, setting forth certain terms and conditions for employment of
City of Vernon employees in classifications represented by the VPFA, for the period of
July 1, 2016 through June 30, 2019.
C. On October 1, 2019, the City Council of the City of Vernon adopted Resolution
No. 2019-41 approving a Side Letter of Agreement (Side Letter) setting forth certain terms
and conditions for represented employees related to the City’s transition of firefighting
services.
D. On June 2, 2020, the City Council of the City of Vernon adopted Resolution No. 2020-
16 approving Amendment No. 1 to the Side Letter, which amended and extended the term
of the MOU.
E. Representative members of the VPFA and the City have agreed to execute an
Amendment No. 2 to the MOU (Amendment No. 2) relating to longevity pay.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines
that the above recitals are true and correct.
SECTION 3. The City Council of the City of Vernon hereby approves and
authorizes the execution of Amendment No. 2 to the Memorandum of Understanding
between the City of Vernon and the Vernon Professional Firefighters Association, in
substantially the same form as attached hereto as Exhibit A.
Resolution No. 2020-34
Page 2 of 4 _______________________
SECTION 4. The City Council of the City of Vernon hereby instructs the City
Administrator, or designee, to take whatever action is deemed necessary or desirable
for the purpose of implementing and carrying out the purposes of this Resolution and
the transactions herein approved or authorized, including but not limited to, any non-
substantive changes to the Amendment attached herein.
SECTION 5. The City Council of the City of Vernon hereby directs the City Clerk,
or designee, to send a fully executed Agreement to Dean Richens, President of the
Vernon Professional Firefighters Association.
SECTION 6. The City Clerk shall certify the passage and adoption of this
resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED this 13th day of October, 2020.
_____________________________
LETICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
_________________________________
ARNOLD M. ALVAREZ-GLASMAN,
Interim City Attorney
AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON PROFESSIONAL FIREFIGHTERS’ ASSOCIATION
Parties to the Memorandum of Understanding
Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title l of the Government Code, and
Resolution No. 4027, the Resolution for the administration of employer-employee relations, the
matters within the scope of representation that are set forth in this Memorandum of Understanding
(MOU) have been discussed by and between representatives of the City of Vernon and the
representatives of the Vernon Professional Firefighters’ Association (hereinafter "VPFA") and
except as otherwise specifically provided herein shall apply only to those defined in the aforesaid
Resolution as "all full-time and regular part-time employees in the Fire Department except
management employees."
This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations
Representative ("MERR") and the VPFA, to be submitted to the City Council of the City of Vernon
for its determination and approval by one or more Resolutions or Ordinances as the City Council
may deem fit and proper.
The MERR and the Representative of the VPFA have agreed that they will jointly urge the City
Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in
wages, hours, and other conditions of employment agreed upon in this Amendment. If approved,
the terms agreed upon by this Amendment to the MOU shall be deemed effective October 13,
2020.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPFA
and the City of Vernon agree that Article Four is amended within the MOU to add the following:
Resolution No. 2020-34
Page 3 of 4
_____________________
ARTICLE FOUR: LONGEVITY
Section 3: Employees Hired After June 30, 1994 and on or Before December 31, 1999
Notwithstanding Sections 1 and 2 above, effective July 6, 2008, the City established an
additional 5% longevity program tier. Employees hired after June 30, 1994 and before
December 31, 1999, shall be entitled to receive an additional 5% above base pay (for a total
Longevity pay not to exceed 10%) for attaining ten years of service.
CITY OF VERNON VERNON PROFESSIONAL
FIREFIGHTERS’ ASSOC.
_____________________________________ ___________________________________
Carlos R. Fandino, Jr. Dean Richens
City Administrator President
______________________________________ ___________________________________
Michael A. Earl Todd Hewitt
Director of Human Resources Vice-President
ATTEST:
____________________________________ Dated:__________________________
Lisa Pope, City Clerk
APPROVED AS TO FORM:
_______________________________________
Arnold Alvarez-Glasman
Interim City Attorney
APPROVED AND ADOPTED BY THE CITY COUNCIL ON ________________, PER
RESOLUTION NO.__________.
Resolution No. 2020-34
Page 4 of 4
_____________________