20051019 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD OCTOBER 19, 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 Attorney advised that a request to approve a
Metered Subsystem Agreement with the California Independent
System Operator that requires immediate action was brought to
his attention after the agenda was posted and asked for a vote
from the City Council to find that there is a need to take
immediate action on this matter by adding Resolution No. 8878 to
tonight's agenda.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Abstained: None
Absent: None
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8878 be added to tonight's agenda. Motion
carried.
It was moved by McCormick, seconded by Davis, that the
Minutes of the Adjourned Regular City Council Meeting held
October 12, 2005, be approved and adopted as submitted. Motion
carried.
The City Attorney announced that now was the time to
present the Service Pins for the month of September.
The Mayor presented the Service Pins to the following
employees and extended congratulations on behalf of the entire
City Council:
Daniel Santos
Irene Castillo
Detective
Account Clerk
10 Years
5 Years
The following employees were unable to attend the
meeting. The service pins were accepted by the respective
department head:
David Zapien Sergeant 20 Years
Christopher Delgado Electronics Technician 5 Years
The City Attorney announced that now was the time to
present the Perfect Attendance Awards for the month of
September.
The Mayor presented the awards to the following
employees and extended congratulations on behalf of the entire
City Council:
Regular City Council Meeting Minutes
October 19, 2005
EMPLOYEE NAME JOB TITLE
Cindy Calzada
Brett Koontz
Leonard Grossberg
Daniel Santos
Kurt Smith
Lewis Pozzebon
Sr. Admin. Assistant
Env. Health Specialist
Sr. Env. Health Specialist
Police Officer
Fire Engineer
Dir. of Environmental Health
D.O.H.
YEARS
10/04/00
4
09/28/98
7
02/24/91
7
09/18/95
10
09/12/94
11
01/06/86
12
The following employees were unable to attend the
meeting. The awards were accepted by the respective department
head.
Jose Ramos
Police Officer
Holly Webb
Engineering Assistant
Arturo Padilla
Police Officer
Christopher Delgado Substation Technician
Leo Lee
Mechanical/Plumbing Inspector
Gerardo Farias
Utilityman III
David Moore
Fire Captain
Thomas Egan
Firefighter
Anthony Rotell
Firefighter
Anthony Hinojos
Utilityman III
Paul Johnson
Fire Engineer
David Koltvet
Fire Engineer
Michael Langer
Fire Captain
Jason McEachran
Fire Engineer
Jeffrey Neely
Fire Engineer
Roy Ness
Utilityman II
Michael Busch
Fire Captain
06/18/01
3
08/12/02
3
09/24/01
4
09/25/00
5
06/24/98
7
05/19/91
9
05/16/88
9
11/02/92
10
01/07/91
10
09/18/94
11
09/12/94
11
09/12/94
11
09/12/94
11
09/12/94
11
09/12/94
11
01/08/84
11
08/17/87
14
The Mayor called a short recess at 5:05 p.m.
The City Council reconvened in regular session, all
members present before the recess again being present, the time
being 5:08 p.m.
Fire Department Activity Report for the period
October 1st through 15th, 2005, was presented.
It was moved by Gonzales, seconded by Ybarra, that the
Fire Department Activity Report for the period October 1st
through 15th, 2005, be received and filed. Motion carried.
Police Department Activity Log for the period
October 1st through 15th, 2005, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period October 1st through
15th, 2005, be received and filed. Motion carried.
Health Department Report for the month of September
2005, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Health Department Report for the month of September 2005, be
received and filed. Motion carried.
Risk Management Report for the month of September
2005, was presented.
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Regular City Council Meeting Minutes
October 19, 2005
It was moved by Davis, seconded by McCormick, that the
Risk Management Report for the month of September 2005, be
received and filed. Motion carried.
The City Attorney 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. Albert Perdon, Executive Director of the
Orangeline Development Authority introduced himself and provided
the City Council with a brief slide presentation of the proposed
elevated high speed MAGLEV System.
The Mayor asked if there was anyone else in the
audience who wished to address the Council at this time.
Mr. Ronald Garcia with Southern California Edison
introduced himself and briefed the City Council on the upcoming
electrical rate increases to be effective January 2006.
The Mayor asked if there was anyone else who wished to
address the City Council.
There was no one else wishing to address the Council
at this time.
The City Attorney announced that now was the time to
open the public hearing to consider a variance application for
Good Design, Inc. located at 4333 Maywood Avenue in the City of
Vernon from Section 26.4.2-8(c) of the Comprehensive Zoning
Ordinance to utilize one non -conforming truck loading space.
It was moved by Ybarra, seconded by Davis, to open the
public hearing to consider a variance application for Good
Design, Inc. located at 4333 Maywood Avenue in the City of
Vernon from Section 26.4.2-8(c) of the Comprehensive Zoning
Ordinance to utilize one non -conforming truck loading space, the
time being 5:25 p.m. Motion carried.
The Director of Community Services & Water addressed
the City Council, briefly summarized the staff report on this
matter, and recommended that said variance application be
approved.
The Mayor asked if there were any questions.
There were no questions at this time.
It was moved by Gonzales, seconded by McCormick, to
close the public hearing to consider a variance application for
Good Design, Inc. located at 4333 Maywood Avenue in the City of
Vernon from Section 26.4.2-8(c) of the Comprehensive Zoning
Ordinance to utilize one non -conforming truck loading space, the
time being 5:29 p.m. Motion carried.
Page 3 of 7
Regular City Council Meeting Minutes
October 19, 2005
RESOLUTION NO. 8874 - A Resolution of the City Council
of the City of Vernon Granting a Variance to Good Design, Inc.
from Section 26.4.2-8(c) of the Comprehensive Zoning Ordinance,
for the Property Located at 4333 Maywood Avenue in the City of
Vernon, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8874 be approved and adopted. Motion carried.
The Consent Calendar was presented.
City Administration
1. Requesting authority for personnel to attend the following:
• "California Power Markets Conference"
Health Department
2. Requesting authority for personnel to attend the following:
• "Biodiesel in California Symposium"
Light & Power Department
3. Ratification of the execution of Change Order No. Three to
the contract with WRMS Engineering, Inc. at an approximate cost
of $80,000.00 to extend their time of service through October
15, 2005.
4. Request to approve Change Order No. Three to the Network
Management Services Contract with Verizon Select Services, Inc.
at a not -to -exceed amount of $31,199.22 to provide additional
Operational Services.
5. Ratification of City of Vernon Requisitions from 2004
Series C Construction Fund covering claims and demands presented
during the period of October 6 through October 12, 2005, drawn
on the Bank of New York Trust Company, N.A. totaling
$16,621,160.82, which includes Requisition Nos. 273 through 281
(inclusive).
6. Ratification of City of Vernon Requisitions from Light &
Power Custody Escrow Account No. 800452 covering claims and
demands presented during the period of October 6 through October
12, 2005, drawn on The Bank of New York Trust Company, N.A.
totaling $3,278,045.71, which includes Requisition Nos. CE174
through CE176 (inclusive).
Police Department
7. Requesting authority for personnel to attend the following:
• "Public Safety Honor Guard Academy"
Page 4 of 7
Regular City Council Meeting Minutes
October 19, 2005
Treasurer's Department
8. Warrant Register No. 1176 covering claims and demands
presented during the period of October 6 through October 12,
2005, drawn on Bank of America totaling $429,549.32, which
includes Demand Nos. 308254 through 308351 (inclusive),
excluding Void Demand Nos. as listed below. (Accounting period
October 2005):
308272 through 308277
9. Payroll Warrant Register No. 592 covering claims and
demands presented during the period of August 7 through
September 17, 2005, drawn on Bank of America totaling
$3,526,214.17, which includes Demand Nos. 8856 through 8879
(inclusive), with no voids. (Accounting period September 2005)
It was moved by McCormick, seconded by Gonzales, that
the matters included on the Consent Calendar be approved as
recommended. Motion carried.
RESOLUTION NO. 8875 - A Resolution of the City Council
of the City of Vernon Accepting the Work of Empire Pipe Cleaning
& Equipment, Inc. in Accordance with Contract No. 583 of the
City of Vernon, was read by title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8875 be approved and adopted. Motion carried.
RESOLUTION NO. 8876 - A Resolution of the City Council
of the City of Vernon Requiring All City of Vernon Benefit and
Compensation Policies to be Administered Only in the Manner
Specifically Authorized in Approved and Adopted Resolutions and
Ordinances of the City of Vernon, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8876 be approved and adopted. Motion carried.
RESOLUTION NO. 8877 - A Resolution of the City Council
of the City of Vernon Authorizing the Expenditure of City Funds
for Vernon's FY 2005-2006 Contribution to the Orangeline
Development Authority, was read by title.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8877 be approved and adopted. Motion carried.
Light & Power of the City of Vernon Warrant Register
No. 141 covering claims and demands presented during the period
of October 6 through October 12, 2005, drawn on Bank of America
totaling $515,891.93, which includes Demand Nos. 502049 through
502071 (inclusive), and also excluding Void Demand Nos. as
listed below. (Accounting period October 2005):
502054 through 502059
Page 5 of 7
Regular. City Council Meeting Minutes
October 19, 2005
It was moved by Gonzales, seconded by McCormick, that
the Light & Power of the City of Vernon Warrant Register No. 141
be approved and payment authorized for claims totaling
$515,891.93. Motion carried. Councilman Davis abstained and
disqualified himself because it is reasonably foreseeable that
his decision may have a material financial effect on his source
of income.
RESOLUTION NO. 8878 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Metered Subsystem Agreement By and Between the City of Vernon
and the California Independent System Operator, was read by
title.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8878 be approved and adopted. Motion carried.
The City Attorney 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, the time being 5:40 p.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the Acting City Clerk, City Attorney, Chief
Assistant City Attorney, Members of the City Attorney's Office,
and outside Legal Counsel of the City
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
CLOSED SESSION
2. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code 5 54956.9.
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
a. LASC No. BC 331516
b. LASC No. BS 095763
C. LASC No. BC 207136
3. With respect to every item of business to be
discussed in closed session pursuant to subdivision (c) of
Government Code § 54956.9.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Initiation of litigation: One (1) potential case.
It was moved by McCormick, seconded by Ybarra, that the
City Council go out of closed session and resume regular session,
the time being 6:00 p.m. Motion carried.
Page 6 of 7
Regular City Council Meeting Minutes
October 19, 2005
It was reported out that the City Council had a
conference in closed session with legal counsel regarding
existing litigation case nos. LASC No. BC 331516 pursuant to
Subdivision (a) of Government Code Section 54956.9 and that
direction was granted to the City Attorney to comply with
California Government Code Section 995 and retain the services
of separate legal counsel to act on the behalf of Mr.
Malkenhorst, Mr. Fresch, and the City with respect to the cross -
complaint filed in the Civil Case.
It was reported out that the City Council had a
conference in closed session with legal counsel regarding an
anticipated litigation - initiation of litigation case pursuant
to subdivision ( c ) of Government Code Section 54956.9 and that
direction was granted to the City Attorney to retain the
services of legal counsel to act on the behalf of the City on
said case.
djeonis C. M lburg
Mayor
ATTES,T-sj--—�
�
Bruce V. Malkenhorst, Jr.
Acting City Clerk
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