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20050216 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING, OF THE CITY OF VERNON' HELD FEBRUARY 16, 2005, AT 5a00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SAN_TA FE AVENUE VERNON, 'CALIFORNIA MEMBERS PRESENT, i Malburg, Ybarra, Gonzales, Davis', McCormick MEMBERS ABSENT:.. None The meeting was called to order by Mayor Malburg. The City Clerk askedifthere were any additions, deletions, or changes to the agenda. There were no changes to the agenda. It was moved by Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held February 2, 2005, be approved and adopted -as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 8, 2005, ;was presented, advising that the below listed employees qualified in the month of January 2005 for a Perfect Attendance Award. This is awarded - to employees on the 'basis of a minimum of two (2) years of perfect attendances'' Date of Hire Employee Award Sherwood Natsuhara Deputy Director of Community 01/14/02 3 Services Efrain Sandoval Associate Resource Scheduler 01/15/01 4 Karon Berry Utility Clerk 05/30/82 7 Bradley Miller Fire Engineer 08,/17/87 9 Andrew Guth Battalion Chief 10/24/88 11 Daniel Calleros Lieutenant 04/04/88 13` Anthony Serrano Customer Service 01/21/91 14. Representative Joan Francone Risk Manager/Personnel 01/02/90 15 Assistant Felix ,Saldana Utilityman II 09/28/86 17 The Mayor presented the awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by'the respective department head, Jesse Palomarez Utilityman ILI 01/02/02 3 Norma Rodriguez Dispatcher 01/14/02 3 Marisol Trujillo Utility Clerk 12/05/9.9 4 Jose Urita Police Officer 11/27/00 4 Belinda Mej'ia Dispatcher 01/03/00' 5 Bryan Dome Fire Engineer 01/12/98 7" Greg Galvan Fire Engineer 01/12/98 7 William Foltz Fire Engineer 09/18/8,9 8 David Kimes Battalion Chief 01/05/87' 9 Stella Pasillas Utility Clerk /06/30/81 9 Regular City Council Meeting Minutes February 16, 2005 Jerry R. Chavez Sergeant 01/10/94 11 Jed Hulsey Fire Captain 01/05/87 12 Christian Moscoso Police Officer 09/22/87 12 Mauro Trujillo Utilityman II 08/28/88 13 Anthony Zack Lieutenant 08/17/87 13 Francisco Tostado Fire Engineer 09/18/89 14 Silas ,Williams Utilityman I'II Craig Peltier Firefighter 10/24/88 , 16" The Mayor a called a short recess at 5:05 p.m. City Council reconvened in regular'`session at 5:09 p.m., all members present before the recess again being present. The Mayor conducted the Ceremonial Swear -an of Officer Gabriel Martinez and extended congratulations on behalf of the entire City Council. Police, Department Activity Log for the period February 1 through 15, 2005, was presented. I't was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period February 1 through 15, 2005, be received and "filed. Motion carried. Fire Department Activity Report for the period February 1 through 15, 2005, was presented. It was moved by Yba:rra„ seconded by Davis, that the Fire Department Activity Report for the period February 1, through 15, 2005, be received and filed. Motion carried. Risk Management Report for the month of January 2005, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of January 2005 be received and filed', Motion carried. Health Department Report for the month of January 2005, was presented. It was moved by Ybarra, seconded by McCormick, that the Health Department Report.for the month of January 2005, 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. Michael Hy from Pacific American Fish Company identified himself and extended an invitation to the City Council to his company's Grand Opening on March 19, 2005. The Mayor asked if there -was anyone else in the audience who wished to address the City Council., Page; 2 of 13 Regular City Council Meeting Minutes February 16, 2005' There was no one wishing to address the City Council at this time. The City Clerk announced that now was the time to open a public hearing to consider a Variance application from U.S;. Growers Cold Storage, Inc. to utilize eleven (11).non-conforming truck -loading spaces at 2809 and 2851 44th Street. It was moved by McCormick, seconded by Davis, to open the public hearing to consider a Variance application from U.S. Growers Cold Storage, Inc. to utilize eleven (11) non -conforming truck -loading spaces at 2809 and 2851 44th Street, the time being 5:17 p.m. Motion carried. The Director of Community Services & Water summarized the conditions"in this matter and recommended that the requested variance be approved. Communication from Kevin Wilson, Director of Community Services & Water, dated February 9, 2005 wa:s� presented, advising that U.S..Growers Cold Storage,,, Inc. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c),, Development Standards for the property located at 28'09-and 2851 44th Street in the City of Vernon. The variance is to allow the - use of eleven (11.) non --conforming truck -loading spaces. The loading spaces, however, will be restricted to trucks that do not extend into the public right -of, -way. Submitted herewith are the following supporting documents, 11 Staff'Report dated February 7, 2005. 2, Request for variance application permit and information supporting the application. 3, Notice of Public Hearing, copies of notification letters to owners and tenants in the area•and affidavits of posting and mailing. The project is categorically exempt from CEQA because it is an existing facility as described in Section 15301. A Notice of Exemption will be prepared and'filed with the County Clerk. - It is recommended that the variance application permit be granted subject to the following conditions: 1 The facility shall be operated in accordance with all current codes, rules, and regulations and ,subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a variance. 2, The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. 3. This variance _shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive' Page 3 of 13 Regular City Council Meeting Minutes February 16, 2005 Zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26-.4.6-4(b) 4. All parking and loading areas necessary for U.S.. Growers operations shall be striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be maintained to meet City standards-. Adequate on -site parking , shall be maintained so that no on street parking or staging will occur. 5. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this . variance application, 6. The usage of the non -conforming truck loading spaces shall .,be limited so that no trucks parked at or using the loading docks shall extend into the street- right-of-way as shown on the Master, Plan of Streets, dated November 17, 2004. 7. This variance shall only be valid while U.S. Growers remains the owner of the property. A new variance will'be required upon change of ownership, 8, All existing and future tenants shall be notified of these restrictions and a condition stating this -.shall be placed in all future 'leases. 9; The facility shall be operated in a manner, which will not impede traffic on 44th Street and Soto Street. 10 The usage of the nonconforming loading spaces located, at 2809 44th shall be limited to trucks with a maximum length of 51.0 feet. Usage of the nonconforming loading spaces located at 2851 44th shall be limited to trucks with a maximum length of 36.0 feet. Signs shall be posted in front of.the nonconforming truck loading spaces stating the restrictions on the length of the trucks accessing the subject loading docks. 11, Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises without prior approval from the Department of Community Services and Health Department. No inoperative vehicles shall be stored on -site. All vehicle's operated at the facility shall be tuned and maintained in accordance with applicable emission standards 12. Noncompliance with ;the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, U.S. Growers to comply with the truck parking and loading requirements of the Comprehensive Zoning Ordinance. The Mayor asked if there were any questions on this : matter. There were no questions at this time.: Page 4 of.13 Regular City Council Meeting Minutes, February 16, 200-5 It was moved ;by Gonzales, seconded by Davis, to close the public hearing to consider a Variance application from U.S. Growers Cold Storage, Inc. to utilize eleven (11) non -conforming truck -loading spaces at 2809 and 2851 44t4 Street, the time being 5:20 p.m. Motion carried, It was moved by McCormick, seconded by Ybarra, that, the aforementioned communication from the Director of Community Service's & Water, dated February 9. 2005, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8666 - A Resolution of the City Council of the City of Vernon Granting a -Variance to U.S., Growers Cold Storage,, Inc., from Section 26.4.2-8 (C) of the Comprehensive Zoning ordinance, for the Property Located at 2809 and 2851 44th _ Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8666 be approved and adopted. Motion carried. The CONSENT CALENDAR was presented. Community Services & Water Department Requesting authority and funds for Sergio Canales,_ Engineering Aide III, to attend the "AEP 2005 CEQA"workshop at Irvine on March 8, 2005, with an expense allowance :of $164.30, Requesting authority and funds for Civil Engineer Ehab "Max" Maximous to attend the "Basic Traffic Signal Design" seminar at Ontario on March 1 3, 2005, with an expense allowance of $433.80. Requesting authority and funds for Civil Engineer Ehab "Max" Maximous to attend the "Transportation Finance & Project Funding" seminar at Costa Mesta on March 22 & 23, 2005, with an expense allowance of $266.60. Requesting authority and funds for Foreman Donald Hurdle to attend the "Distribution Certification.Review D3-D5" seminar at Rancho Cucamonga on March 2 & 3, 2005, with an expense allowance of $340,.00. Police Department Requesting authority and fundss for Detective Inez Aragon to attend the "Notary Exam" seminar at Downey on April 12,`2005 with an expense allowance of $362.04, Requesting authority and ,funds 'for Police Chief Solomon Benudiz, to attend the "Los Angeles County Police'Chief's Association" conference at Palm Springs on April 19-22, 2005, with an expense allowance of $584.82, of which POST will reimburse $578.16.. Page 5 of 13 Regular City Council Meeting Minutes February 16, 2005 Requesting authority and funds for Detective Inez Aragon to, attend the "California Sexual Assault Investigators Association 'Spring Training" at Shell Beach on March 9 -11, 2005, with an expense allowance of $845.20. Requesting authority and funds for Detective Daniel` Santos to attend the "Financial Records Examination &'Analysi's" seminar at Commerce on March 14 18, 2005, with an expense allowance of $340.00. Requesting authority and funds for Records Manager Danita Robertson to attend the "Criticism & Discipline" seminar at Burbank on March 29, 2005,,with an expense allowance of $218.60. Fire Department Requesting authority and funds for Firefighter Paul Hallenberg to attend .the "Swift Hater I" "Rescue Systems I" 'seminar at Anaheim on March 28 through April 1, 2005, with an expense allowance of $300.00, Health Department Requesting authority and funds for Environmental Specialist Lyndon Ong Yiu to attend the "Business Writing & Grammar Skills" seminar at Pasadena on March 9 - 10, 2005, with an expense allowance of $427.00 It was moved by Ybarra, seconded by Gonzales that all matters listed on the Consent Calendar be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated, February 2, 2005, was presented, advising;;that on September 1, 2004 this legislative body approved the preparation of an agreement for Professional Consulting Services with TECS Environmental Compliance Services, Inc., at an approximate cost of $,38,000.00. The Contract has been finalized by the City Attorney and it is hereby recommended that said contract be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated February 2, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8676 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting Services By and Between the City of Vernon and TECS Environmental. Compliance Services, Inc., was presented. It was moved by McCormick, seconded.by Davis, that Resolution No_ 8676 be ;approved and adopted. Motion carried. Page 6 of 13 Regular. City Council Meeting Minutes February'16,-2005 Communication from Bruce-V. Malkenhorst, City Administrator/City.Clerk, dated February 3, '2005, was presented, advising that on August 4, 2004, this legislative body approved the issuance of Request for Proposals to qualified firms to assist in the assessment of traffic volumes throughout the City that is required for traffic signal and street design. Two proposals were received, but one met the City's requirements: This has been reviewed by the Director of Community Services & Water and the City Attorney, and it is hereby recommended that an Agreement with -Austin, Foust Associates, Inc., at an approximate cost of $67,040.00 be approved and executed. It was moved by Davis, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated February 3, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO 8675 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the -Execution of a Professional Services Agreement By and Between the City of Vernon and Austin -Foust Associates, Inc., was presented. It was moved by Gonzales, seconded by Ybarra, that - Resolution No. 8675 be approved and adopted. Motion carried. Communication from Kevin 'Wilson, Director of Community Services & Water, dated January 18, 2005, was presented,, ; transmitting for consideration, Contract No.' 581,'Emergency Vehicle Preemption (;Phase II) and recommending thatsaid .contract be approved and authority be granted to advertise for bids. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the Director of Community Services & Water, dated January 18, 2005 be received .and 'filed and his recommendation approved. Motion carried-. RESOLUTION NO. 8667 - A Resolution of the City Council ,of the City of Vernon Approving Contract No. 581 for Emergency Vehicle Preemption (Phase II) and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented'. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8667 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Admi-nistrator/City Clerk, dated February 9, 2005, advising that the execution of a Medical Provider Network '(MPN) Application in accordance with -Senate Bill 899 signed into law on.April 19, 2004, to allow the City, as a self -insured employer, the exclusive right to determine the members of its network was necessary. This has been reviewed by the City Attorney and it is hereby recommended that the actions taken by the City for the filing of the MPN Application be.ratified. It was moved by Ybarra, seconded by Davis, that the aforementioned communication -from the City Administrator/City Clerk, dated February 9, 2005, be received and filed and his recommendation approved. Motion carried. Page 7 of 13 Regular City Council Meeting Minutes February 16, 2005 RESOLUTION NO. 8674 - A`Resolution of the City Council of the City of Vernon Approving and Ratifying the Filing of a Medical Provider Network Application with the Administrative Director of the Division of Workers' Compensation Pursuant to Senate Bill 899, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8674 be approved and adopted. Motion carried. Communication from.Kevin Wilson, Director of Community Services & Water, dated February 9, 2005, was presented, advising that Contract No. 586, Hollydale Recycled Water Pump Station, has been completed. The total contract amount is Nine Hundred Eighty One Thousand Five Hundred Thirty Seven dollars and sixty-four cents ($981,537.64.) From the funds due to Schuler Engineering Corporation Four Thousand Eight Hundred Eight dollars and eight cents (4,808.08) is now due. The remaining ten percent (10%) or the sum of Ninety Eight Thousand One Hundred :Fifty Three dollars and seventy-six cents (98,153.76) has been deposited in an escrow account and shall be ' released thirty-five days after the adoption of the resolution accepting the work, with the exception of the amounts as required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. 'It is hereby recommended that the work be accepted and that authority be granted to pay the contractor, Schuler Engineering Corporation, in accordance with the contract It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the Director of Community Services & Water, dated February 9, 2005,.be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8671 - A Resolution of the City Council of the City of Vernon Accepting the Work of Schuler Engineering ICorporation in Accordance with Contract No. 586'of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8671 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 10, 2005, was presented, advising that on May,26, 2004, this legislative body approved the issuance of Request for Proposal to qualified firms for janitorial services. Five proposals were received and opened on August 4, 2004. After extensive review, the Community Services & Water Department has determined that Come Land Maintenance (Come Land) meets the City's requirements, This has been reviewed by the City Attorney and it is hereby recommended that an Agreement with Come Land at $6,988.20 per month beginning April 1 through October 31, 2005, be approved and executed and it is, further recommended that a notice be. given to Grace Building Maintenance terminating their agreement effective March 31, 2005., Page 8 of 13 Regular City Council Meeting Minutes February 16, 2005 It was moved by Ybarra, seconded by, Gonzales, that the aforementioned communication from the City Administrator/City Clerk`, dated February 10, 2005, be received and filed and his recommendations approved. Motion carried. RESOLUTION NO. 8678 - A Resolution of the City Council of,the City of Vernon Approving and Authorizing the Execution of an Agreement for Janitorial Services for City Hall and Related Facilities By and Between the City of Vernon,and Come Land Maintenance Service Co-:, Inc;, was presented. It was moved by Davis, seconded by.McCormick, that Resolution No. 8678 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst„ City Administrator/City Clerk, dated February 10, 2005, was presented, advising that it is necessary at this time that,a Subcommittee of the Finance Committee be established to meet once_a week to discuss and recommend appropriate policy and action for the Finance Committee. This has been reviewed by the City Attorney and it is hereby recommended that an Ordinance be approved and adopted to establish the Subcommittee of the - Finance Committee. It.was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 10, 2005, be received and filed and his recommendation approved. Motion carried. ORDINANCE NO. 1105 - An Ordinance of the City Council of the .City of Vernon Amending the Code of the City of Vernon,' California, 1959, By Adding Section 2.4 to Chapter 2, Article I Creating a Subcommittee of the Finance Committee, was read by title for a first reading. It was moved by Gonzales., seconded by Ybarra, that Ordinance"No. 1105 be approved for a first reading. Motion carried.. Ayes: Malburg, Ybarra Davis, Gonzales, McCormick Noes None Absent: None< Abstain: None " Communication from Bruce'V. Malkenhorst; Director of Finance, dated February 8,,`2005, was presented,, transmitting the Agenda for the Adjourned Regular City Council - Finance Committee Section Meeting to be held February 16, 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 Finance -Committee -Section Meeting'held_February 16, 2005, be -approved. Motion carried. The City Clerk advised that the two 'following Resolutions should be deferred to the.next Council Meeting. Page 9 of 13 Regular City Council Meeting Minutes February 16 2005 RESOLUTION NO. 8669 - A Resolution of the City Council of the City of'Vernon Approving and Authorizing. the Execution of a Gas System Maintenance Agreement By and Between the City of Vernon and Petrelli Electric, Inc;; (deferred from last meeting) RESOLUTION NO.. 8672 - A Resolution _of the City Council. of the City`of Vernon Adopting an Annual Statement of Investment Policy for 2005-and Delegating Investment Authorityto the City Treasurers It was moved by Davis, seconded by Gonzales, that Resolution Nos. 8669 and 8672 be deferred to the next Council Meeting. Motion carried. RESOLUTION NO. 8673 -A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Eleventh Amendment to Contract for Procurement, Construction and Startup By and Between the City of Vernon and Marelich' Mechanical Co., Inc., dba University Marelich Mechanical & Galliera, Inc., dba Trico Construction for the Malburg Generating Station Project, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution,No.,8673 be approved and adopted. Motion carried. The City Clerk advised that the following Resolution should be removed from the agenda. RESOLUTION NO. 8677 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Agreement for Professional Consulting Services By,and Between the City of Vernon and W. Koo & Associates Structural Engineers, Inc. It was moved by Davis, seconded by Gonzales, that Resolution No. 8677 be removed from the agenda and no further action be taken,at this time Motion carried. RESOLUTION NO. 8679 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No.. One to Traffic Signal Maintenance Contract By and Between the City of Vernon and Republic Electric, was presented. It :was moved by Gonzales, seconded by Davis, that Resolution No. 8679 be approved and adopted. Motion carried. RESOLUTION NO. 8680 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and Bank of, America Regarding the Industrial Development Financing Program, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8680 be approved and adopted. Motion carried. The City Clerk advised that the following Resolution should be deferred to.the next Council Meeting. Page 10 of 13` Regular City Council Meeting Minutes February 16, 200-5 RESOLUTION NO. 8681 - A Resolution of the: City ;Council of the City of Vernon Approving and Authorizing the Execution of a Listing Agreement By and Between the City of Vernon and CB Richard Ellis„ ` It was moved by McCormick, seconded by Gonzales, that Resolution No. 8681 be deferred to the 'next Council Meeting;.. Motion carried. RESOLUTION NO. 8682 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and Surval'ent Technology for the SCADA System for the Light and Power, was presented. It was moved,by Davis, seconded by Ybarra, that, Resolution No. 8682 be approved and adopted. Motion carried. RESOLUTION NO;. 8683 A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of Three 2005 Chevrolet Tahoe Vehicles for the Police Department, was. presented. Lt was moved by Ybarra, seconded by Davis, that Resolution.No, '8683 be approved and adogted.' Motion carried. Communication from Bruce V. Malkenhorst,, Director of Personnel, dated February 8,2005, was presented, transmitting the Agenda for the Adjourned Regular City Council Personnel Committee Section Meeting to be held February 16, 2005,.for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular City Council - Personnel Committee Section Meeting to be held February 16, 200'S,'be approved. Motion carried. City of Vernon Warrant Register No. 1158 covering claims and demands presented during the period of January 27, 2005 through February 9, 2005, drawn on Bank of America totaling $746,189.27, which includes demand nos. 304575 through 304791, (inclusive), and also excluding, Void demands as listed below. ; (Accounting period February 2.005) 304638 304644 304645 304646 304647' 304648 30464-9 It was moved by Davis, seconded by McCormick, that the City of Vernon Warrant Register No. 1158 be approved and payment authorized for claims and demands totaling $746,189,27. Motion carried. Light & Power ,of the City of Vernon Warrant Register No. 123 covering claims and demands presented during the period of January 27, 2005 through February 9, 2005 drawn on Bank of America totaling $2,205,656.79, which includes Demand Nos. 501194 through 501231 (inclusive), also excluding Void Demand Nos,, as listed below. (Accounting period February 2005)': 501201 501202 50,1211 . 501212 501213 501214 501215 501216 Page 11 of 13 Regular City Council Meeting Minutes February 16, 2005 It was moved by Ybarra, seconded by Gonzales, that the tight & Power of the 'City of Vernon Warrant Register No. 123'be approved and ,payment authorized for claims and demands totaling $2,205,656.79, Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonable foreseeable that his decision may have a material financial effect on his source of income. Payroll Warrant Register No. 584 covering,claims and demands presented during the period of'December 12, 2004'through January 8, 2005, drawn on Bank of America totaling $2,355,832.54, which includes demand nos: 8718 through 8737, (inclusive).. (Accounting period January 2005)', It wasmoved by McCormick, seconded by Gonzales, that Payroll Warrant Register No.; 584 be approved and payment authorized for demands totaling $2,355,832.54. Motion carried. City of Vernon Requisitions from 2004 Series C Construction Fund covering claims'and demands presented during the period of January 27, 2005 through February 9, 2005, drawn on the Bank of New York Trust Company, N.A.. totaling, $816,472.38, which includes Requisition Nos. 048 through 061 (inclusive) It was moved by Ybarra, seconded by Davis, that the ,City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands totaling $816,472;.38 be approved. Motion carried. City of Vernon Requisitions from Light &-Power Custody'` Escrow Account No. 800452 covering claims and demands presented during the period of January 27, 2005 through February 9, 2005, drawn on The Bank of New York Trust Company,. N.A. totaling $152,363.76, which includes Requisition Nos. CE092 through CE096 (inclusive):, It was moved by Gonzales, seconded by Davis, that the City of Vernon Requisitions from the ;Light & Power Custody Escrow Account No. 800452 covering claims and demands totaling $152,363.76 be approved. Motion carried.- The Mayor called'a short recess at, 5:40 p.m., The City Council reconvened.in regular session at 546 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. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session. All persons were excluded from closed session with the exception of the City Administrator/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. Page 12 of 11 Regular City Council Meeting Minutes February 16, 2005' CLOSED SESSION 3. With respect to every item of business to be discussed in closed session pursuant to subdivision (b) of Government Code § 54956.9. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigations Three (3) potential cases.; r It was moved by ibarra, seconded by Davis, that the City Council go out of closedsession and resume regular session, the time being 5:53 p.m.. Motion carried. It was reported out from closed session that City Council had a conference with Legal Counsel and that direction was given to Legal Counsel to deny all three claims presented as anticipated litigation. There being no further business to come before the Council at this time, it. was moved by McCormick, seconded by Ybarra,-that the meeting be- adjourned, the time being 5:55 p.m., Motion carried. Eeonis C, M' burg Mayor ATTEST:, Bruce V. Malkenhorst 'City Clerk Page 13 of 13 0