20050302 Regular City Council Meeting - MinutesMINUTES OF THE. REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD MARCH 2, 2Q05,, AT 5:00 P.M.
IN THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 kSANTA FE AVENUE
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
F, The City Clerk asked if there were any additions,
deletions, or changes to the agenda.-
The City Attorney advised that Case Number 01-CV
01602-DDP was brought to his attention, after the agenda was
posted, that it needs immediate action and asked the City
Council to add this matter to the Closed Session Conference with
Legal Counsel —Pending Litigation portion of the agenda,
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes None
Absent: None
Abstained: None
It was moved by Gonzales, seconded by Ybarra, that
Case Number°ol-CV-01602-DDP be added to the Closed Session
Conference with Legal Counsel - Pending Litigation portion of
the agenda. Motion carried."
It was moved by Davis, seconded by McCormick, that the
Minutes of the Regular City Council Meeting held February 16,
20o5, 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 the Service Pins and extended
congratulations on behalf of the 'entire City Council to the
following employees
John "Doers'am Firefighter i5 Years
Steven Coster Fire Engineer 15 Years
The following employees were unable to attend the
meeting and their Service Pins were accepted by their respective
department head.
Michael Alway Sergeant 10 Years
Darren Simpkins Firefighter 15 Years
Barry Schoolmeester Firefighter 15 Years
Michael Rogers Fire Engineer 15 Years
Daniel Simon Fire Captain 35 Years
Police Department Activity Log for the period
February 1§ through 28, 2005, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Police Department Activity Log for the period February 16
through 28, 2005, be received and filed. Motion carried.:
Regular City Council Meeting Minutes
March 2, 2005
Fire Department Activity Report for the period
February 16 through 28, 2005, was presented.
It was moved by Ybarra, seconded by Davis, that the
Fire Department Activity Report for the period February 16
through 28, 2005, be received and filed,. Motion carried.
The City Clerk announced that now was the time for
rt 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.
New Elect Ed Vasquez from the Central Basin Municipal
Water District addressed the City Council, introduced himself,
and made himself available to assist with anything that,the City
may need. Mr. Vasquez thanked the, City Council for the°time
allotted for this introduction.
The Mayor asked if there was anyone else in the
audience who wished to address the City Council.
There was no one else wishing to address the City
Council at this time.
The Consent Calendar was presented.
City Administration
Requesting authority for personnel to attend the followingm
• "How to Supervise People" seminar
Community Services & Water Department
Requesting authority for personnel to attend the following:
• "Essential Time Management & Organization Skills"
workshop
• "Management & Leadership. Skills" workshop
Police Department
Requesting authority for personnel to attend the following:
• "In Time Scheduling Software" training
• "Pursuit Driver Training (EVOC)" update
• "Specialized Surveillance Equipment & Techniques",
training
• "POST Leadership & Accountability" workshop
It was moved by Ybarra, seconded by Gonzales, that the
matters listed on the Consent Calendar be approved. Motion
carried.
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.Regular City'Council Meeting Minutes
March 2, 2005
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 second and final reading,
It was moved by McCormick, seconded by Ybarra, that
Ordinance No 1105 be approved and adopted. Motion carried.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes None
Absent: None
Abstained: None
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 24, 2005, was
presented, advising that due -to the establishment of the
Disbursement Review Subcommittee of,the Finance Committee
Section, it is hereby recommended that a Resolution be approved
and adopted to set the time and place for regular meetings of
the Subcommittee and it is further recommended that the salary
resolution be amended to include the Subcommittee's
compensation.
It was moved by Davis, seconded by Gonzales, that the
communication presented by the City Administrator/City Clerk,
dated February 24, 2005, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8689 - A Resolution of the City Council
of the City of Vernon'Setting the Time and Place for Regular
Meetings of the Disbursement Review Subcommittee of the City of
Vernon, was presented.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 8689 be approved and adopted, Motion carried.
RESOLUTION NO;. 8690. - A Resolution of the City Council
of the City. of Vernon Amending Section,25(c)-(2) of Resolution
No. 84.73 Which Fixed the Compensation for Certain Employees of
Said City and Authorized Certain Expense Allowances, was -
presented.'
It was moved by Davis, seconded by Gonzales, that
Resolution No.. 8690 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk,` dated February 23, 2005, was
presented, advising that at this time, it is necessary that an
emergency ordinance beadoptedamending the language of the City
of Vernon Code Section 26.46-8(d) as follows:
(d) "A property in the M Zone which on the effective
date of Ordinance No.; 1075 is improved with a building with a
floor area of 75,000 square feet or more utilized for warehouse
purposes may subsequently be utilized for warehouse purposes.to
the same extent as the property was utilized for warehouse
purposes on the effective date of Ordinance No. 1075, until
January 1, 2014-, subject to the conditions set forth in
paragraphs (b) and (c) of this section."
Page 3 of 9
Regular City Council Meeting Minutes
March 2 2005
This has been reviewed by the City Attorney„and it is hereby
recommended that aLn emergency Ordinance be approved and adopted
to amend the language of the City of Vernon Code Section '26.4.6-
s (d)
It was moved by Ybarra, seconded by Davis, that the
communication presented by the City Administrator/City Clerk,
dated February 23, 2005, be received and filed and his
recommendation approved. Motion carried.
ORDINANCE NO. 1106 - An Ordinance of the City.Council
of the City of Vernon Amending Chapter 26 of the Code of.the
City of Vernon, 'California, 1959, by Amending Section 26.4.6-
T(d) of said Code Regarding Warehouse Use and Repealing All
Ordinances or Parts of Ordinances in Conflict Therewith and
Declaring that said Ordinance Shall Take Effect Immediately, was
read by title for a first and final reading.
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 1106 be approved and adopted for a first and final
reading. Motion carried,.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: ,None
Abstained: None
Communication. from Bruce V. Ma-lkenhorst, City
Administrator/City Clerk, dated February 24, 2005, was ,
presented,, advising that after further review of the City's
Code, it has been determined that the following sections be
amended for clarification purposes:
• Chapter 1, General Provisions, Sec. 1.10
• Chapter 2, Article II, City Administrator, Sec. 2.7-2
• Chapter 2, Article IV, Purchasing System, Sections 2.17 to
2,29-3
• Chapter 2, Article VIII., Separate Funds, Sections 2,49 to 2.66
This has been reviewed by the City Attorney and it is hereby
recommended that an Ordinance be approved amending said
sections,.
It was moved by McCormick, seconded by Ybarra, that
the communication presented by the City Administrator/City
Clerk, dated February 24, 2005, be received and filed and his
recommendation approved. Motion carried.
ORDINANCE NO. 1107 - An Ordinance of the City Council
of the City of Vernon Amending Se'ction,1.10 of Chapter 1,•
Sections 2.7-1, 2.24, 2.27, 2.29, and 2.49 to 2.66 of Chapter 2,
Repealing Section 2.28-of Chapter 2 and Adding Sections 2.29-4,
2;67 and 2.68 to Chapter 2 of the .Code of the City of Vernon-,
California, 1959, and.Repealing all Ordinances or Parts of
Ordinances in Conflict Therewith, was read by title for a first
reading.
Page,4 of 9
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March 2, 2005
It was moved by Gonzales, seconded by Davis, that
ordinance No. 1107 be approved for a first reading. Motion
carried.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: < None
Absent: None
Abstained: None
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated February 24, 2005, was
presented, advising that the construction of the recycled water
pipe line is complete. On May 21, 2002, this legislative body
approved an agreement with Central 'Basin Municipal Water
District (MWD) for the buying and selling of recycled water that
became effective July 15, 2002. Upon review of the original
agreement, staff has .found that there were certain issues
unresolved at the time of the signing of the original agreement.
This has been reviewed by the City Attorney and it is hereby
.recommended that an amendment'to the agreement with Central
Basin Municipal Water District regarding the buying and selling
of recycled water be approved and executed.
The Director of Community Services.& Water asked that
the typographical error on'the aforementioned communication be
corrected from MWD to CBMWD.
It was moved by Ybarra, seconded by Gonzales, that the
corrected communication presented by the City Administrator/City
Clerk, dated February 24, 2005, bereceivedand filed and his
recommendation approved. Motion carried.
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 the Agreement Between the City of Vernon
and Central Basin Municipal Water District Regarding the Buying
and Selling of Recycled Water and repealing Resolution No. 8420,
was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8677 be approved and adopted,, Motion carried.
The City Clerk advised that the following Resolution
should be deferred to the next meeting.
RESOLUTION NO. 8686 - A Resolution of the City Council
of the City of Vernon Repealing the.Agreements with Parsons
Infrastructure & Technology, Inc. dated on or about June 20,
2001, February 5, 2003 and April 16, 2003 and Approving and
Authorizing the Execution of an Agreement for Professional
Consulting Services By and Between the City of Vernon and
Parsons for the Malburg Generating Station Project.
Page 5 of 9
Regular City Council Meeting Minutes
March 2, 2005
It was moved by Gonzales,, seconded by Ybarra, that the
matter pertaining to Resolution No. 8686 be deferred to the next
Council Meeting. Motion carried.
Agenda for the Adjourned Regular City ,Council.- Finance
Committee Section Meeting to be held March 2, 2005, for approval
of the recommendations contained therein, was presented.
It was moved by Davis, seconded by McCormack, that the
recommendations on the Agenda for the Adjourned Regular City
Council - Finance Committtee Section Meeting held March 2, 2005
be approved. Motion carried,
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 Utilities, Inc., deferred from the last
meeting, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8669 be approved and adopted. Motion carried.
The City Clerk advised that the following Resolution
should be deferred to the next 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 Authority to the.City
Treasurer (de-ferred from the last meeting) ,
It was moved by Ybarra,, seconded by Davis', that'
Resolution No.""8672 be deferred to the next Council Meeting.
Motion tarried.
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, deferred from the last meeting, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8681 be approved and adopted.''Motion carried.
RESOLUTION NO. 8685- 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 Evergreene
Painting Studios, Inc., Regarding the`Malburg Generating Station
Project, was presented,
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8685 be approved and adopted. Motion -carried.
RESOLUTION NO. 86:87' - A Resolution of'the City Council
of the City of Vernon Authorizing the Sale of Surplus Property -
from the Following Departments: City Administrator/ City Clerk
(Finance, Risk Management/Personnel), Community Services and
Water, -Fire, Light & Power and Police, Pursuant to Section 2.31
of the Vernon City`Code,"was presented.
It was 'moved by McCormick, seconded by Gonzales, that
Resolution No. 8687 be approved and adopted. Motion carried.
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Regular City Council Meeting Minutes
March 2, 2005
RESOLiTrION NO. 8688 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Equipment Purchase ContractBy and Between the City of: Vernon
and Schweitzer Engineering Laboratories, Inca Regarding the
Malburg Generating Station Project, was presented
It was.moved by Ybarra, seconded by Davis, that
Resolution No. 8688 be approved and adopted. Motion carried.
Agenda for the Adjourned Regular City Council Personnel
Committee Section Meeting to be held March 2, 2005 for approval
of the recommendations contained therein.
City of Vernon Warrant Register No. 1159 covering
claims and,demands-presented during.the period of February 10,
2005 through February 23, 2005, drawn on Bank of America
totaling $1,246,185.13, which includes demand nos. 304792'
through'304980, (inclusive), and also excluding, Void demands as
listed below. (Accounting :period March 2005)::
304951 304864 304865 304866 304867 304868 304869
It was moved by Ybarra, seconded by Davis, that the
City of Vernon Warrant Register No. 1159 be approved and payment
authorized for claims and demands totaling $1,246,185.13..
Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 124 covering claims and demands presented during the period
of February 10, 2005, through February 23, 2005,,drawn on Bank
of America totaling $420,013.50, which.includes Demand Nos.
501232 through 501290 (inclusive), also excluding Void Demand..
Nos,..,�as listed below. (Accounting period March 2005):
501250 501251 501252 501253 501254 5012SS
It, was moved by McCormick., seconded by Gonzales, that
the City of Vernon Light & Power Warrant Register No. 124 be
approved and payment authorized ,for claims and demands totaling
$420,013.50, ;Motion carried. Councilman Davis abstained from
voting and disqualified himself because it is reasonably
foreseeable that the decisions may have a material financial.
effect on his' -source of income.
City of Vernon Requisitions from 2004 Series' C
Construction Fund covering claims and demands presented during
the period of February 10, 2005 through February 23, 2005 drawn
on The Bank of New York Trust Company, N.A. totaling
$4,548,245.33, which includes Requisition Nos. 062 through 068
(inclusive)
It was moved by Ybarra, seconded by Davis,. that'`the
City of Vernon Requisitions from the 2004 Series C Construction
Fund be approved and payment authorized for claims and demands
totaling $4,548,245.33 -Motion carried.
Page 7 of 9
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March 2, 2005
City of Vernon Requisitions from Light & Power Custody
Escrow Account No,. 800452 coveringclaimsand demands presented
during the period of February 10, 2005 through February 23, 2005
drawn on The -Bank of'New York Trust Company, N.A. totaling
$263,358.78, which includes Requisition Nos. CE097 through CE101
( inclus'ive) ;.;
It was moved by Gonzales, seconded by McCormick, that
the City of Vernon.Requisitions from the Light & Power Custody
Escrow Account No. 800452 be approved and payment authorized for
claims and demands totaling $263,3581.78. Motion carried.
The Mayor called a short recess at 5:27 p.m.
The City Council reconvened in regular session at 5:35
p.m., all members present before the recess again being present.
The City Clerk announced that now was the time to go
in closed session.
It was moved by Gonzales, seconded by Davis, that the
City Council go into closed session, the time being 5:36 p.m.
Motion carried_
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, outside Legal Counsel of
the City, Chief of Police, and Police Captain.
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 and resume regular
session, the time being 5:45 p.m. Motion carried.
It was reported out from closed session that Council
had a conference with Legal Counsel with ,respect to one item of
anticipated litigation and that direction was given`to the City
Attorney's Office to deny the.submitted claim.
It was reported out from closed session that Council
had a conference with Legal Counsel with ;respect to Pending
Litigation Case No. 01-CV-01602-DDPand that authority was given
to the City Attorney to settle this matter for a payment of
$35,000.00 and to execute all -the ,documents necessary to
effectuate the settlement of this matter.
It was reported out from closed session that the City.
Council had a conference. in closed session with respect to
Employee Discipline/Dismissal/Release and that appropriate
direction was given to staff on this matter.
Page 8 of 9
Regular City -Council Meeting Minutes
March 2, 2005
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Gonzales, that the meeting be adjourned, the time being 5:48
p.m. Motion carried.
is C�lbur
�
Mayor
ATTEST:
Bruce V. Malkenhorst
City Clerk