20050105 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCI-L
MEETING OF THE CITY OF VERNON
HELD JANUARY 5, 2005;
AT 5:00 P.M.. IN THE COUNCIL
CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE
VERNON, CALIFORNIA -
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick
MEMBERS ABSENT- None
The meeting was called to order by Mayor Malburg.
The City Clerk asked if there were any additions,
deletions,, or changes to the agenda..
The City Attorney advised that there was one item
pertaining to a conference with legal counsel - anticipated
litigation, pursuant to subdivision (b) of Government Code
Section 54956.9 „which was received after the agenda was posted
and that needs immediate action. The City.Attorney asked that
the City Council considered the addition of this matter to the
closed session portion of this meeting.
It was moved by McCormick, seconded by Ybarra, that the
request from the City Attorney be approved. Motion carried.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: None
Abstained: None
It was moved by Ybarra, seconded by Gonzales, that the
Minutes of the Regular City Council Meeting held December 1
2004 deferred from the Council Meeting held December 15,, 2004,.
be approved and adopted as submitted. Motion carried.
It was moved by Davis, seconded by McCormick, that the
Minutes of the Regular City ,Council Meeting held December 15,,
2004, be approved and adopted as submitted. Motion carried.
The City Clerk announced that now was the time to
present the service pins,>,
The -Mayor presented service pins to the following
employees and extended congratulations on behalf of the.'entire
City Council:;
Carlos Gudino Utilityman IV 10 years
Deborah Romero Administrative Associate15 years
The following employee was unable to`attend the meeting and
the service pin was accepted by the respective department head.
Marisol Trujillo` Utility Clerk 5 years
Police Department Activity Log for the period
December 15th through 319t, 20Q4,'was presented.
It was moved by Davis, seconded -by Gonzales, that the
Police Department Activity Log for the period December 15th
through 31at, 2004, be received and filed. Motion carried.
Regular'City Council Meeting Minutes
January 5, 2005,
Fire Department Activity Report for the period
December 15t1 through 319t, 2004, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Fire Department Activity Report for the period December 15tn
through 31gt, 2004, be received and filed. Motion. carried.
The City Clerk announced that now was the time for
anyone in the audience who wished to address the City Council on
any item on the agenda other than'with regard to any public
hearings that may be listed.
The Mayor asked if there. was anyone .in the audience
who wished to address the City Council at'this:time„
Mr. Ronald Garcia, Representative of Southern
California Edison identified himself and addressed the council
to wish them a prosperous new year and to make himself available
to the City.
There was no one else wishing to address the City`
Council at this time:,
ORDINANCE NO. 1104 - An Ordinance of the City Council
,of the City of Vernon Approving and Authorizing an Amendment to
the Contract Between the City Council of the City of Vernon and
the Board of Administration of the California Public Employees'
Retirement System, was read for a second and final reading.
It was moved by Ybarra, seconded by Gonzales, that
Ordinance No. 1104 be approved and adopted. Motion carried.
Ayes:; Malburg, Ybarra, Gonzales, Davis, McCormick
Noels None
Absent; None
Abstained': None
RESOLUTION NO. 8612 - A Resolution of the City Council
•of the City of Vernon Approving and Authorizing the 'Execution of
a Services Agreement By and Between the City of Vernon and
Fujitsu Network Communications, Inc. for Fiber Optic Help Desk
Technical Support, deferred from City Council Meeting held
December 15, 2004, was presented.
It was moved by Davis,, seconded by McCormick, that
Resolution No. 8.612be approved and adopted. Motion carried,
RESOLUTION NO, 8631 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Employment Agreement for Chief of Police Services By and
Between the City of Vernon and Solomon Benudiz, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8631 be approved and adopted. Motion carried.
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Regular City Council Meeting Minutes
January 5, 2005
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 27, 2004, was
presented, advising the Fire Department submitted an electronic
application for an "Assistance to Firefighters Grant," and has
received a notice of a grant award from the Federal Department
of Homeland Security to fund $124,557.00 (90a)< for diesel
exhaust removal systems (Plymovent system) for fire stations 1,
3, and 4. The grant requires a City share of $13,8139, which is
10% of the project cost. Funds have been budgeted for the City'-s
share.
This has been reviewed by the City Attorney and it is hereby
recommended that the filing of the application be ratified,
authority be granted, to accept the Grant, and the Fire
Department be authorized to proceed by meeting the City's
requirements necessary'for the acquisition of the diesel exhaust
removal systems for Stations 1, 3, and 4.
It was moved by McCormick, seconded by Ybarra., that
the aforementioned communication from the City
Administrator/City Clerk, dated December 27, 2004, be received
and filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8634 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Electronic
Filing of a Homeland Security Firefighter Safety Grant By The.
Fire Department, was presented.
It was moved by Davis; ,seconded by Gonzales, that
Resolution No. 8634 be approved and adopted. Motion carried.
Communication from S, Kevin Wilson, Director of
Community Services & Water, dated December 27, 2004, was ,
presented, transmitting a fully executed Grant Deed from.FF'I
Properties, Inc.. for a`corner portion of property located on the
northwest corner of Leonis Boulevard and Boyle Avenue in the
City of Vernon, The property will be used for street purposes,,
It is hereby recommended that the Grant Deed be approved and the
Mayor and City Clerk be authorized to 'sign.
It was moved by McCormick, seconded by Gonzales, that
the aforementioned communication from the Director of Community
Services & Water, dated December 27, 2004, be received and filed
and his recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 28, 2004,, was
presented, advising that it is necessary to amend the original
Letter Agreement with the MTA and execute a new Memorandum of
Understanding for the 26th Street Extension, which is part'of'
Phase'I of the I-710/Atlantic/Bandini Improvement project, to
change the funding for this project from Federal and State funds
to Proposition C funds_of the County of Los Angeles
This has been reviewed by the Director of Community Services &
Water and the City Attorney and it is hereby recommended that
the new agreements with MTA be approved and executed.
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Regular City Council Meeting Minutes
January 5, 2005
It wasmoved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk dated December 28, 2004, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO;. 863,E - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. 1 to Letter Agreement and Call for Projects
Proposition 'C Memorandum of Understanding By and Between the
City of Vernon and the Los Angeles County Metropolitan
Transportation Authority, was presented.
It was moved by McCormick, seconded by.Gonzales., that
Resolution No. 8636 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 28, 2004, was
presented, advising that Southland Box Company; who currently
owns and occupies the property located at 4201 Fruitland Avenue
and 4955 Maywood Avenue, has requested a variance from the 2001
California Building Code Table No. 5-A which states that -
openings in the exterior wall are not allowed within five feet''
of the property line. Southland Box is' -proposing to provide
direct access between the two buildings constructed along a
common property line by constructing four protected door
openings measuring 121 x 14' in the east wall of the proposed
building and west wall of the existing building. `They would
also like to construct a pedestri°an,access bridge and ducts to
convey scraps °across a property line. Submitted herewith is a
Staff Report as prepared by the Community Services & Water
Department.
This'has been reviewed by the Fire Chief and the Director of
Community Services & Water and it is recommended that,the
variance be granted with the following conditions;:
1. A three-hour fire rated door assembly shall be provided at
the openings in the property line wall. The doors shall
have fusible links on both sides.
2. Upon any change in occupancy, ownership; or use, under a
building permit each door shall be removed and the.wall
shall be reconstructed to provide a four-hour rating.
3. The bridge for pedestrian access and ducts that convey
scrap to.the new bag house shall be constructed out of non-
combustible materials and provided with required fire
protection devices, Upon change of occupancy, ownership,
or use, the bridge and ducts shall be removed.
The Director of Community Services & Water summarized
the aforementioned matter.
I't was moved by Gonzales, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated December 28, 2004, be received and filed and his
recommendation approved. Motion carried.
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Regular City Council Meeting Minutes
January 5, 2605
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 29, 2004, was
presented, transmitting an agreement between -the City and the
Water Replenishment District (WRD) to perform spinner logging,
zone sampling and mass balance testing .to identify flow rates
and water quality entering Well 18'„
This has been reviewed :by the Director of Community Services &
Water and the City Attorney and it is.hereby recommended that
the agreement be approved and executed.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated December 29, 2004, be received and filed and his,
recommendation approved. Motion carried."
RESOLUTION NO. 8619 - A Resolution of the City Council
of the City of Vernon ApprovingandAuthorizing theExecutionof
an agreement for Indemnification By and Between the City of
Vernon and the Water Replenishment District of Southern
California, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No, 8619 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 13, 2004, was
presented, requesting authority and funds for Christopher "
Delgado to ;attend the "Troubleshooting Electrical Controls
Class" at Anaheim on January 25, 2005, with an expense allowance
of $435.10.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for Christopher Delgadoto
attend the aforementioned class with an expense allowance of
$435.10. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 15, 2004, was
presented requesting authority and funds for Sharon L. Johnson
to attend the "CMTA Advanced Investment Workshop" at Kellogg
West Conference Center, Cal Poly Pomona on February.3ra & 4th,
2005, with an expense allowance of $250.00.
It was moved by McCormick„ seconded by Gonzales, that
authority and funds be approved for Sharon L. Johnson to attend
the aforementioned conference with an expense allowance of
$250.00:. Motion carried,
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December IS, 2004, was
presented, requesting authority and funds for below listed
personnel to attend the "High Voltage Electrical Safety
Workshop" at Los Angeles on January`25th and 26th 2005,, with an
expense allowance, of $936.75 each.
• Don Quiroz
• .Richard Recano
• Alex Nevarez
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Regular City Council Meeting Minutes
January 5, 2005
It was moved by Gonzales, seconded by Ybarra„ that
authority and funds be approved for the above -listed personnel
to attend the aforementioned workshop with an expense allowance
of $936.75 each. Motion carried.
Communication from Kevin Wilson, Director of Community
Services & Water, dated December 16, 2004, was presented,
requesting authority and funds for the below listed personnel to
attend the 114th' Annual Collections System Seminar" at Chino on
January 20, 2005, with an expense allowance of $65.00 each.
• Donald Hurdle
• Elias Zepeda
• Jerry Chavez
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be approved for the above -listed -personnel
to attend the aforementioned seminar with an expense allowance
of $65,00 each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated December 15, 2004, was'`
,presented, requesting authority and funds for Councilmen William
Davis and Michael McCormick to attend the "Independent Cities
Association - 17th Annual Winter Seminar" at Santa Barbara on
February 18th - 20tn, 2005, with an expense allowance of $1,169.00
each.
It was moved by Gonzales, seconded by Ybarra, that
authority and funds be approved for the above -referenced
councilmen to attend the aforementioned seminar with an expense
allowance of $1,169.00. Motion carried.
Communication, from Bruce V. Malkenhorst, Director of
Finance, dated December 29, 2004, was 'presented, transmitting,
the Agenda for the Adjourned Regular City Council Meeting -
Finance Committee Section, to be held on January 5, 2005, for
approval of the recommendations contained therein -
It was moved by Ybarra, seconded by Davis, that the
recommendations on the Agenda for the Adjourned .Regular City
Council Meeting - Finance'"Committee Section held January 5, 2005
be approved. Motion carried.
RESOLUTION NO. 8630 - A Resolution of .the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Ninth Amendment to 'Contract for Procurement, Construction and
Startup By and Between the City of Vernon and Marelich
Mechanical Co., Inc., dba University;Marelich Mechanical &
Gall,iera, Inc.;, dba Trico Construction for the Malburg
Generating Station.Project, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 8630 be approved and adopted. Motion carried.
RESOLUTION NO.: 8632 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Ground Lease By and Between the City of Vernon and Union Ice
Pacific L.P.,through its General Partner, Union Ice GP Inc.
for 50th Street, was presented.
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Regular City Council MeetingMinutes
January 5, 2005
I't was moved by Ybarra, seconded by McCormick, that '
Resolution No. 8632 be approved and adopted. Motion carried.
RESOLUTION NO. 8633 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Issuance of
Request for Proposal
for Construction Management Services for 261h Street Extension
Project, was presented.
It was moved by Davis, seconded'by Gonzales, that
Resolution No: 8633 be approved and adopted. Motion carried.
RESOLUTION" NO. 8635 - A Resolution. of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Professional Consulting Services Agreement By and Between the
City of. Vernon and Galliera Inc. dba Trico Construction for:
Project Management Services,, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8635 be approved and adopted.," Motion carried.
Communication from Bruce V. Malkenhorst,'Director of
Personnel, dated December 29, 2004, was presented, transmitting`
.the Agenda for the Adjourned. Regular City Council Meeting -
Personnel Committee Section; to be held on January 5, 2005, for
approval of the recommendations contained therein.
It was moved, by Gonzales, seconded by Davis, that the
recommendations on the Agenda for the Adjourned Regular City
Council Meeting - Personnel Committee °Section held January 5,
2005, be approved. Motion carried.
City of Vernon Warrant Register No. 1155 covering
claims and demands presented during the period of December 9,
2004 through December 29, 2004 drawn on Bank of America totaling
$1,060,074.20, which includes Demand Nos. 303875 through 304131
(inclusive), and also excluding, Void Demand Nos." as listed.
below. (Accounting period January 2005),:
303904 303950 303951 303952 303953 303954 303955
It was moved by Ybarra, seconded by Davis, that
Warrant Register No. 1155 be approved and payment authorized for
claims -and demands totaling $1,060,074.20. Motion carried.
Light & Powerofthe City of Vernon Warrant Register
No. 120 covering claims and demands presented during the period
of December 9, 2004 through December 29, 2004 drawn on Bank of
America totaling $'5,177,660.6'6, which includes Demand No
Regular City Council Meeting Minutes
January 5, 2005
The Mayor called a short recess at 5:30 p.m.
The City Council reconvened in regular session at 5:37
p.m., all members present before the recess again being present.;
The City Clerk announced that :now was the time to go
into closed session pursuant to Government Code Section 54957,
Employee Discipline/Dismissal/Release:.
It was moved by Gonzales, seconded by Davis, that the
City Council go into closed session pursuant to Government Code
Section 54957, Employee Discipline/Dismissal/Release, the time
being 5:37 p.m.- Motion carried.
All persons were excluded from closed session with the
exception of the City Clerk, Director of Community Services &
Water, Utilityman I, City Attorney, members,of the City
Attorney's Office, and outside counsel of the City.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
Uti'lityman I was excused from closed session at 5:39
p.m,
The Director of Community Services & Water was excused
from closed session,at 5:40 p.m.
It was moved by Gonzales, seconded by Davis, that the
Council go out of closed session pursuant to Government Code
section 54957, 'Employee Discipline/Dismissal/Release, and resume
regular session, the time being 5:40 p.m. Motion carried.
The City Clerk announced that now was the time to go`
into closed session pursuant to subdivision (a) of Government
.Code § 54956.9, Conference with Legal Counsel existing
litigation, HPMC Case No. HP 03C00616.'
It was moved by Gonzales, seconded by Ybarra, that the
City Council go into closed session pursuant to subdivision (a)
of Government Code § 54956.9, Conference with Legal Counsel-
existing litigation, HPMC Case No: HP 03C006 6, the time being
5:41 p.m. Motion carried.
All persons were excluded from closed session with the
exception of the City Clerk, City Attorney, members of the City
At'torney's Office, and'outside counsel of the City.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
It was moved by McCormick, seconded.by Gonzales, that
the City Council go out of closed session pursuant to
subdivision (a) of Government Code § 54.956.9, Conference,with
Legal Counsel - existing litigation, HPMC Case No. HP 03C00616,
and resume regular session, the time being 5:42 p.m. Motion
carried.
The City Clerk announced that now was the time to go
into closed session pursuant to.subdivision (b) of Government
Code Section 54957.9.
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January 5, 2005
It was moved by Ybarra, seconded by McCormick, that
the City Council go into closed session pursuant to subdivision
(b) of Government Code Section 54957.9, the time being 5:42 pm.
Motion carried.
All persons were excluded from closed session with the
exception of the City Clerk, City Attorney, members of the City
Attorney's Office, and outside counsel of the City.
The Mayor ordered all communications -to and from
closed`session deemed privileged and confidential.
It was moved by McCormick, seconded by Ybarra, that
the City Council go out of closed session pursuant to
subdivision (b) of Government Code .Section 54957.9, the time
being 5:47 p.m. Motion carried.
It was reported out that City Council had a closed
session conference pursuant to Government Code Section 5495°7,
Employee Discipline/Dismissal/Release-acid direction was given to
staff'on this matter,
It was reported out that City Council had.a conference
with legal counsel pursuant to subdivision (a) of Government
Code § 54956.9, Conference with Legal Counsel - existing
litigation, HPMC Case No. HP 03C00616 and that direction was
given to the 'City Attorney, on this matter.
It was reported out that City Council had a conference
with Legal Counsel - anticipated litigation, significant
exposure pursuant to subdivision (;b) of Government Code `Section
54956.9, and direction was given "to the City Attorney on this
matter.
There being no further business to come before the City
Council at this time, it was moved by McCormick, seconded by
Davis, that the Council Meeting be adjourned, the time being
5:50 p.m. Motion carried.
eonis 'C. Mal urg fl
Mayor
ATTEST;:
Bruce V. Malkenhorst
City Clerk
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