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20121120 Regular City Council Meeting - Agenda AGENDA VERNON CITY COUNCIL AND SUCCESSOR AGENCY TO THE VERNON REDEVELOPMENT AGENCY TUESDAY, NOVEMBER 20 , 2012 SPECIAL JOINT MEETING OF THE CITY COUNCIL AND SUCCESSOR AGENCY TO THE VERNON REDEVELOPMENT AGENCY (CLOSED SESSION ITEM 1) . SPECIAL MEETING OF CITY COUNCIL (CLOSED SESSION ITEMS 2-6) . 8 : 30 A.M. REGULAR CITY COUNCIL PUBLIC MEETING 9 : 00 A.M. COUNCIL CHAMBER 4305 SANTA FE AVENUE VERNON, CALIFORNIA William J. Davis, Mayor W. Michael McCormick, Mayor Pro-Tem Richard J. Maisano, Council Member Michael Ybarra, Council Member Luz Martinez, Council Member ************************************************************************************************************************ California Public Records Act ("PRA") : In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058. No prior appointment is required. Americans with Disabilities Act ("ADA") : In compliance with the ADA, if you need special assistance to participate in a city meeting, please contact the City Clerk' s office at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. ************************************************************************************************************************ SPECIAL MEETING 8 :30 A.M. CALL TO ORDER ■ Members Present : ■ Members Absent : PUBLIC COMMENT (Special Meeting) : At this time the public is encouraged to address the City Council and/or Successor Agency on any matter on the Special Meeting portion of the Agenda (Closed Sessions) , only. CLOSED SESSIONS (TO BE HEARD AT 8 :30 A.M. AND/OR AT THE CONCLUSION OF THE REGULAR MEETING) 1 . CITY COUNCIL AND SUCCESSOR AGENCY TO VERNON REDEVELOPMENT AGENCY, CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation Government Code section 54956 . 9 (b) (3) (A) Number of potential cases : 1 City Council and Successor Agency to the Redevelopment Agency Meeting Agenda November 20, 2012 2 . CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (3) Government Code Section 54956 . 9 (a) Case Name : Newmire vs . Yamaguchi, et al . Case Number: LASC Case No . BS 137310 Case Name : Bellamy vs . Davis, et al . Case Number: LASC Case No . BS 138899 Case Name : Bruce Malkenhorst, Sr. vs . California Public Employees' Retirement System, et al . Case Number: OCSC Case No . 30-2012-00588466 3. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 4 . CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957 . 6 Agency Designated Representatives : Mark Whitworth, Teresa McAllister Employee Organizations : Vernon Police Management Association, Vernon Fireman' s Association, Vernon Police Officers' Benefit Association (Employee Group 2) , Vernon Fire Management Association, Unrepresented Management, Top, Middle and Professional Employees, Unrepresented Technical & Administrative Employees, and Non-Represented Employees 5 . CITY COUNCIL CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation Government Code section 54956 . 9 (b) (3) (C) Number of potential cases : 1 The City has received a claim for damages . The claim is available for public inspection. 6. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957 . 6 Agency Designated Representative : Dana Reed Employee : City Administrator **************************************************************** PUBLIC MEETING — 9: 00 A.M. FLAG SALUTE CHANGES TO THE AGENDA Page 2 of 6 City Council and Successor Agency to the Redevelopment Agency Meeting Agenda November 20, 2012 PUBLIC COMMENT (Regular Meeting) : 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 . 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 Council . Those items removed will be considered immediately after the Consent Calendar. 1 . Minutes Approval a. Minutes of the Regular Council Meeting held September 4, 2012, to be received and filed. b. Minutes of the Regular Council Meeting held September 18, 2012, to be received and filed. 2 . Warrant Registers a. Approval of Payroll Warrant Register No . 677 September 9, through October 6, 2012, and consists of the following: 1 . Ratification of direct deposits, checks and taxes totaling $1, 927, 301 . 83; and 2 . Checks and electronic fund transfers (EFTS) through the General bank account totaling $731, 395 . 70 . b. Approval of City Warrant Register No . 1368, totaling $1, 019, 755 . 32, which covers the period of October 30, through November 12, 2012, and consists of the following: 1 . Ratification of wire transfers totaling $544, 582 . 06; and 2 . Ratification of the issuance of early checks totaling $278, 535, 65; and 3. Authorization to issue pending checks totaling $196, 637 . 61 . c. Approval of Light & Power Warrant Register No . 333, totaling $871, 760 . 47, which covers the period of October 30, through November 12, 2012, and consists of the following: 1 . Ratification of wire transfers totaling $535, 141 . 15; and 2 . Ratification of the issuance of early checks totaling $208, 535 . 04; and 3. Authorization to issue pending checks totaling $128, 084 . 28 . d. Approval of Gas Warrant Register No . 121, totaling $459, 152 . 46, which covers the period of October 30, through November 12, 2012, and consists of the following: Page 3 of 6 City Council and Successor Agency to the Redevelopment Agency Meeting Agenda November 20, 2012 1 . Ratification of wire transfers totaling $405, 103 . 60; and 2 . Ratification of the issuance of early checks totaling $17, 290 . 29; and 3. Authorization to issue pending checks totaling $36, 758 . 57 . 3. City Attorney Department a. Claim for Damages - Denial of claim for damages -- Bruce Malkenhorst, Sr. 1 . Recommendation. It is recommended that the City Council deny the October 4, 2012, claim for damages of Bruce Malkenhorst, Sr. , in which he seeks from Vernon the amount of any pension reduction by CalPERS as well as attorney' s fees for his proceedings against CalPERS . 4 . Community Services a. Building Department Report for the month of October 2012, to be received and filed. 5 . Fire Department a. Activity Report for the period of October 16, through October 31, 2012, to be received and filed. 6. Health Department a. October 2012 Monthly Report, to be received and filed. 7 . Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of October 16, through October 31, 2012, to be received and filed. END OF CONSENT CALENDAR RESOLUTION 1 . City Administration Department a. A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Twenty- Fifth Amendment to the Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate By and Between the City of Vernon and Xebec Realty Partners, Inc. for Property Located at 5119, 5201 and 5241 District Boulevard and 4601 East 52nd Drive b. A Resolution of the City Council of the City of Vernon Accepting the Bid of the City of Norwalk-Norwalk Municipal Water System and Approving and Authorizing the Execution of a Purchase and Sale Agreement and Escrow Instructions By and Between the City of Vernon and the City of Norwalk-Norwalk Municipal Water System for the Sale of 500 Acre-Feet of Water Rights in the Central Basin Page 4 of 6 City Council and Successor Agency to the Redevelopment Agency Meeting Agenda November 20, 2012 2 . City Clerk Department a. A Resolution of the City Council of the City of Vernon Amending the Conflict of Interest Code for the City of Vernon that Incorporates By Reference the Standard Model Conflict of Interest Code of the Fair Political Practices Commission 3. Community Services and Water Department a. A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment for the Properties Located at 2825-2831 Santa Fe Avenue in the City of Vernon b. A Resolution of the City Council of the City of Vernon Approving a Building Code Variance to On Santa Fe Partners, LLC. from Table 705 . 8 of the California Building Code, for the Property Located at 2825-2831 Santa Fe Avenue c. A Resolution of the City Council of the City of Vernon Accepting the Bid of General Pump Company, Inc. and Approving and Authorizing the Execution of a Services Agreement By and Between the City of Vernon and General Pump Company, Inc. for Emergency Removal, Repair, and Reinstallation of Well and Booster Motor Pumps d. A Resolution of the City Council of the City of Vernon Accepting the Bid of Kronick Moskovitz Tiedemann & Girard and Approving and Authorizing the Execution of an Attorney Services Agreement By and Between the City of Vernon and Kronick Moskovitz Tiedemann & Girard for Legal and Related Services for the Proposed Housing Development 4 . Human Resources Department a. A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Cafeteria Plan Adoption Agreement and a Business Associate Agreement By and Between the City of Vernon and Igoe Administrative Services b. A Resolution of the City Council of the City of Vernon Approving and Adopting a Personnel Policies and Procedure Manual and New Policies Relating to Employment with the City and Employee Work Environment NEW BUSINESS 1 . Approval of Change Order No . 1 extending the Service Agreement for Annual Emergency Motor Repairs with Littlejohn-Reuland Corporation for one year, effective January 1, 2013 . Page 5 of 6 City Council and Successor Agency to the Redevelopment Agency Meeting Agenda November 20, 2012 2 . Authorization to reclassify Michael Gavina as a Business Representative on the Sustainable Development and Energy Efficiency Commission. Recommendation for the Mayor to select David Honda to fill the unexpired term of a vacant seat on the Commission, and be classified as an Environmental Justice Representative; selection to be ratified by the City Council . 3. Authorization to reschedule the January 1 and 15, 2013 regular City Council meetings to January 8 and 22, 2013, respectively, due to the New Year' s holiday. ORAL REPORTS 7 . City Administrator Reports - brief reports on activities and other brief announcements . 8 . City Council Reports -brief report on activities, announcements, or directives to staff. TRAINING 1 . AB1234 Ethics Training Presented by Reed & Davidson, LLP. AD JOURNME N T Motion: Second: ; Time : 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, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 15th day of November 2012. By: Dana Reed Interim City Clerk Page 6 of 6