Resolution No. 2015-023RESOLUTION NO. 2015-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON RECOGNIZING THAT THE PERSONNEL OF THE VERNON
FIRE DEPARTMENT ARE COMPENSATED ON A PORTAL TO
PORTAL BASIS WHEN ASSIGNED TO EMERGENCY INCIDENTS
WHEREAS, the City of Vernon (the "City"), is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, through the California Fire and Rescue Mutual Aid
System at the request of the California Governor's Office of Emergency
Services ("Cal OES"), Cal Fire, federal fire agencies, or other fire
agencies, the City of Vernon Fire Department (the "Fire Department")
--- personnel can be assigned to locations throughout California in the
event of a local, State, or federal emergencies; and
WHEREAS, the past practices of the City of Vernon has been
to compensate its employees on a portal to portal basis, regardless of
cost reimbursement, when its personnel are assigned to an emergency
incident in the jurisdiction of another fire agency; and
WHEREAS, it is the intent of the State's Office of Emergency
Services to change California Fire Assistance Agreement ("CFAA")
language to eliminate portal to portal reimbursement for the Fire
Department's personnel effective January 1, 2015, unless a Memorandum
of Understanding or governing body resolution is in place that
confirms the Fire Department's personnel are compensated on a portal
to portal basis for all time assigned to an emergency incident; and
WHEREAS, as a result of this new requirement, the City of
Vernon, desires to adopt this resolution to memorialize the current
and past practice of the City of Vernon compensating its personnel on
a portal to portal basis when they are assigned to an emergency
incident in another agency's jurisdiction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action 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.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Fire Chief, or the Fire Chief's designee, to take
appropriate action to file this Resolution with Cal OES and other fire
agencies, as required, to thereby continue cost reimbursement to the
City of Vernon Fire Department on a portal to portal basis when it's
employees are compensated on a portal to portal basis when assigned to
an emergency incident in the jurisdiction of another fire agency.
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SECTION 4: The City Clerk, or Deputy City Clerk, of the
City of Vernon shall certify to the passage, approval and adoption of
this resolution, and the City Clerk, or Deputy City Clerk, of the City
of Vernon shall cause this resolution and the City Clerk's, or Deputy
City Clerk's, certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 5th day of May, 2015.
ATTEST:
aria Ayala
City Clerk / n
APPROVED AS TO FORM:
Zaynah N. Moussa,
City Attorney
Name: W. Michael McCormick
Title: Mayor /-ay-Pro--_ _ 4
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I Maria E . Ayala City Clerk / of the City
of Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 2015-23, was duly passed, approved and adopted by the
City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, May 5, 2015, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this --l*K day of May, 2015, at Vernon, California.
(SEAL)
aria Ayala
City Clerk
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TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: May 7, 2015
TO: Michael Wilson, Fire Chief
FROM: Deborah Juarez, Records Management Assistant
RE: Resolution No. 2015-23 — A Resolution of the City Council of the City of Vernon
Recognizing that the Personnel of the Vernon Fire Department are Compensated on a Portal
to Portal Basis when Assigned to Emergency Incidents
Transmitted herewith is a copy of Resolution No. 2015-23 referenced above, which was approved by City
Council on May 5, 2015.
Thank you.
Attachment
c: William Fox
Teresa McAllister
Resolution No. 2015-23
CERTIFICATE
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES)
I, Maria E. Ayala, City Clerk of the City of Vernon, County
of Los Angeles, State of California, hereby certify that the
attached is a full and complete copy of:
RESOLUTION NO. 2015-23 - A Resolution of the City Council
of the City of Vernon Recognizing that the Personnel of the
Vernon Fire Department are Compensated on a Portal to
Portal Basis when Assigned to Emergency Incidents
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official Seal of the City of Vernon, County of Los Angeles,
State of California, on this 15A" day of May 2015.
SEAL:
.(�.+
Maria E. Ayala
City Clerk
STAFF REPORT
R FrR P;g�,rF,:p)
APR E 8 2015
CITY CLERK'S OFFICE
DATE: May 5, 2015
I*
STAFF REPORT
FIRE DEPARTMENT
TO: Honorable Mayor and City Council
FROM: Michael A. Wilson, Fire Chief
Originator: Adriana Ramos, A inistrative Secretary
R CENED
Arl2 8 2C95
CITY ADMINISTRATION
RE: A Resolution of the City Council Recognizing that the Personnel of the
Vernon Fire Department are Compensated on a Portal -to -Portal Basis when
Assigned to Emergency Incidents
Recommendation
A. Find that adoption of the proposed resolution is exempt under the California
Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the
environment.); and
B. Adopt the attached resolution recognizing that the personnel of the Vernon Fire
Department are compensated on a portal-to-portal basis, beginning at the time of initial
dispatch to the return to jurisdiction, when assigned to Emergency Incidents.
Backeround
The State of California, Governor's Office of Emergency Services ("Cal OES"), the State of
California, Department of Forestry and Fire Protection ("CAL FIRE"), the Federal Fire
Agencies, and local agencies, at times of severe wildfire conditions and other emergencies, often
have need of emergency apparatus and/or personnel to provide fire protection or perform other
tasks during control actions. Fire department response personnel include: Fire Chief, Battalion
Chief, Fire Captain, Fire Engineer, Firefighter/Paramedic, and Firefighter.
Cal OES, CAL FIRE, and the Federal Fire Agencies established and entered into an Agreement
for Local Government Fire and Emergency Assistance to the State of California and Federal Fire
Agencies ("California Fire Assistance Agreement" or "CFAA") for the prudent use of such
emergency apparatus and personnel. Under the CFAA, Cal OES, CAL FIRE, the Federal Fire
Agencies, and local agencies may request emergency apparatus and personnel from the
California Fire and Rescue Mutual Aid System.
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On January 1, 2015, changes were made to the CFAA that eliminated portal-to-portal
reimbursement. Any agency seeking reimbursement for personnel for more than actual hours
worked on the incident (portal-to-portal) must now file a Memorandum of Understanding
("MOU"), Memorandum of Agreement ("MOA"), Governing Body Resolution ("GBR") or
equivalent with Cal OES Fire and Rescue Division by May 31, 2015.
If the City of Vernon does not adopt a GBR that indicates compensation for all hours worked, the
department will only be reimbursed for actual hours worked. To ensure personnel receives the
appropriate hourly rate compensation, the department maintains a current salary survey on file
with Cal OES Fire and Rescue Division.
Fiscal Impact
There is no direct fiscal impact resulting from the adoption of the proposed resolution.
Attachments)
None
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