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20060503 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 3, 2006, 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 announced that there were no changes to the agenda. It was moved by Gonzales, seconded by Davis, that the Minutes of the Regular City Council Meeting held April 19, 2006, be approved and adopted as submitted. Motion carried. The Mayor presented the Service Pins to the following: Thomas Ybarra Mayor Pro-Tem 40 Years Eliseo Genera III Civilian Court Officer 20 Years Linda Smith Senior Administrative Assistant 15 Years Lyndon Ong Yiu Environmental Health Specialist 5 Years Officer Oscar Zozaya was unable to attend the meeting and his Service Pin was received by his department head. Fire Department Activity Report for the period April 16th through April 30th, 2006, was presented. Motion carried. It was moved by McCormick, seconded by Davis, that the Fire Department Activity Report for the period April 16th through April 30th, 2006, be received and filed. Motion carried. Police Department Activity Log for the period April 16th through April 30th, 2006, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period April 16th through April 30th, 2006, be received and filed. Motion carried. The City Attorney announced that now was 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. There was no one wishing to address the City Council at this time. ORDINANCE NO. 1115 - An Ordinance of the City Council of the City of Vernon Amending Sections 25.102, 25.103(b), 25.104(c) and 25.105(d) of Article VI to Chapter 25 of the Code of the City of Vernon, California, 1959, Relating to Water Conservation Restrictions, was read by title for a first reading. Regular City Council Meeting Minutes May 3, 2006 It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1115 be approved for a first reading. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None The Consent Calendar was presented. City Administration 1. Ratification of the granting of a merit step increase to George Ning, Telephone Technician, from Step 7 to Step 6, effective April 30, 2006 (Last increase May 1, 2005). Community Services & Water Department 2. Request to approve a fully executed Grant Deed from Southland Box Company for the property located at 4201 Fruitland Avenue. Light & Power Department 3. Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of April 13 through April 26, 2006, drawn on the Bank of New York Trust Company, N.A. totaling $200,680.58, which includes Requisition Nos. 356 through 360 (inclusive). 4. Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of April 13 through April 26, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $3,629,518.29, which includes Requisition Nos. CE256 through CE260 (inclusive). Treasurer's Department 5. Ratification of City of Vernon Requisitions from General Custody Escrow Account No. 800455 covering claims and demands presented during the period of April 13 through April 26, 2006, drawn on The Bank of New York Trust Company, N.A. totaling $1,473,857.33, which includes Requisition Nos. GCE014 through GCE018 (inclusive). Finance Committee 6. City of Vernon Report of Cash and Investments for Quarter Ended March 31, 2006. 7. Request to issue a purchase order to Smith -Emery Laboratories in the amount of $24,175.00 for material inspection and testing for Contract No. 593. 8. Request to approve and execute the following change orders to the stated contracts at the stated amounts: Page 2 of 7 Regular City Council Meeting Minutes May 3, 2006 Contract Common Area Maintenance General Pump Company, Inc. TRC Lowney C.O.# Amount One $19,145.40 Two Time & Materials Three $21,066.98 9. RESOLUTION NO. 9032 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Closed End Motor Vehicle Lease Extension Agreements By and Between the City of Vernon and Toyota Lease Trust for Two 2002 Toyota RAV4EV Vehicles Personnel Committee 10. Request to grant Frank Quinones, Firefighter, Step 2, a merit step increase to Firefighter, Step 1, effective May 28, 2006 (Last increase May 29, 2005). End of Consent Calendar It was moved by McCormick, seconded by Davis, that the matters on the Consent Calendar be approved as recommended. Motion carried. RESOLUTION NO. 9024 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application for a 2006/2007 Used Oil Recycling Block Grant, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9024 be approved and adopted. Motion carried. RESOLUTION NO. 9025 - A Resolution of the City Council of the City of Vernon Approving and Ratifying All Actions Taken and Deemed Necessary or Advisable in Securing the Services of Joe A. Gonsalves & Sons, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9025 be approved and adopted. Motion carried. RESOLUTION NO. 9026 - 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 the City of Los Angeles Regarding the Use of 2005 Urban Areas Security Initiative Grant Funds, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9026 be approved and adopted. Motion carried. RESOLUTION NO. 9027 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Grant Application Under the California Beverage Container Recycling and Litter Reduction Act to the Department of Conservation's Division of Recycling, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9027 be approved and adopted. Motion carried. RESOLUTION NO. 9028 - 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 D & R Office Works, Inc, was read by title. Page 3 of 7 Regular City Council Meeting Minutes May 3, 2006 It was moved by Ybarra, seconded by Davis, that Resolution No. 9028 be approved and adopted. Motion carried. RESOLUTION NO. 9029 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon and Caithness Energy, L.L.C. Relating to Power Generating Station, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9029 be approved and adopted. Motion carried. RESOLUTION NO. 9030 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a First Amendment to Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate By and Between the City of Vernon and Pechiney Cast Plate, Inc. for Property Located at 3200 Fruitland Avenue, was read by title. It was moved by Ybarra, seconded by Davis, that Resolution No. 9030 be approved and adopted. Motion carried. RESOLUTION NO. 9031 - 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 EDAW for Vernon General Plan Update, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9031 be approved and adopted. Motion carried. Mayor Malburg was excused from the meeting at 5:11 p.m. RESOLUTION NO. 9033 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Mayor Leonis C. Malburg Respecting Case Nos. BS 101423 and BC 346800, was read by title. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 9033 be approved and adopted. Motion carried. Mayor Malburg re-entered the Council Chamber and resumed the meeting in regular session at 5:12 p.m. Mayor Pro Tempore Ybarra was excused from the meeting at 5:12 p.m. RESOLUTION NO. 9034 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Councilman Thomas A. Ybarra Respecting Case No. BS 101423, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9034 be approved and adopted. Motion carried. Mayor Pro Tempore Ybarra re-entered the Council Chamber and resumed the meeting in regular session at 5:13 p.m. 5:13 p.m. Councilman Gonzales was excused from the meeting at Page 4 of 7 Regular City Council Meeting Minutes May 3, 2006 RESOLUTION NO. 9035 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Councilman Hilario Gonzales Respecting Case No. 06K04481, was read by title. It was moved by McCormick, seconded by Ybarra, that Resolution No. 9035 be approved and adopted. Motion carried. Councilman Gonzales re-entered the Council Chamber and resumed the meeting in regular session at 5:14 p.m. Councilman McCormick was excused from the meeting at 5:14 p.m. RESOLUTION NO. 9036 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Councilman William McCormick Respecting Case Nos. BS 101423 and 06K04481, was read by title. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 9036 be approved and adopted. Motion carried. Councilman McCormick re-entered the Council Chamber and resumed the meeting in regular session at 5:15 p.m. Councilman Davis was excused from the meeting at 5:15 p.m. RESOLUTION NO. 9037 - A Resolution of the City Council of the City of Vernon Indemnifying, Holding Harmless and Authorizing the Defense of Councilman William Davis Respecting Case No. 06K04481, was read by title. It was moved by Gonzales, seconded by McCormick, that Resolution No. 9037 be approved and adopted. Motion carried. Councilman Davis re-entered the Council Chamber and resumed the meeting in regular session at 5:15 p.m. RESOLUTION NO. 9038 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Joint Representation and Waiver of Conflict Letter By and Between the City of Vernon and Loeb & Loeb, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9038 be approved and adopted. Motion carried. Status update on the Vernon/Bell reorganization. The Acting City Clerk provided an update on activities related to the reorganization. It was moved by Gonzales, seconded by Ybarra, that the Vernon/Bell reorganization be placed in abeyance until further notice and no action be taken at this time. Motion carried. Mayor Malburg and Councilman Davis were excused from the meeting at 5:17 p.m. Page 5 of 7 Regular City Council Meeting Minutes May 3, 2006 Warrant Register No. 1189 covering claims and demands presented during the period of April 13 through April 26, 2006, drawn on Bank of America totaling $4,712,673.35, which includes Demand Nos. 310811 through 310968 (inclusive), excluding Void Demand Nos. as listed below (Accounting period May 2006): 310816 through 310818, 310846, 310849 through 310859 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 1189 be approved and payment authorized for claims and demands totaling $4,712,673.35. Motion carried. Light & Power of the City of Vernon Warrant Register No. 154 covering claims and demands presented during the period of April 13 through April 26, 2006, drawn on Bank of America totaling $5,856,837.11, which includes Demand Nos. 502798 through 502849 (inclusive), excluding Void Demand Nos. as listed below (Accounting period May 2006): 502805 through 502812 It was moved by the McCormick, seconded by Gonzales, that the Light & Power of the City of Vernon Warrant Register No. 154 be approved and payment authorized for claims and demands totaling $5,856,837.11. Motion carried. Mayor Malburg and Councilman Davis re-entered the Council Chamber and resumed the meeting in regular session at 5:18 p.m. The Acting City Clerk announced that now was the time to go into closed session. It was moved by Ybarra, seconded by McCormick, that the City Council go into closed session, the time being 5:25 p.m. Motion carried. Everyone was excluded from closed session with the exception of the Police Chief, Police Captain, 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. The Police Captain and Police Chief were excused from closed session after the Employee Discipline/Dismissal/Release portion was heard. It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session, the time being 6:05 p.m. Motion carried. It was reported out that the City Council had a conference in closed session with regards to Employee Discipline/Dismissal/Release pursuant to Government Code Section 54957 and that direction was given to the Acting City Clerk on said matter. Page 6 of 7 Regular City Council Meeting Minutes May 3, 2006 It was also reported out that the City Council had a conference in closed session with legal counsel with regards to the following existing litigation cases pursuant to subdivision (a) of Government Code Section 54956.9 and that no action was taken on any of these cases: a. LASC No. BC 331516 b. LASC No. BS 095763 C. LASC No. BC 343370 d. LASC No. BS 101423 e. LASC No. BC 346114 f. LASC No. BC 337476 It further reported out that the City Council had a conference in closed session with legal counsel with regards to three cases of anticipated litigation -significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 and authority was given to the City Attorney to deny the claims submitted by M. Hickey and Flow Serve and accept the claim from J. De La Cruz in the amount of $465.83. There being no further business to come before the City at this time, it was moved by McCormick, seconded by Gonzales, that the meeting be adjourned, the time being 6:08 p.m. ATTEST - Bruce V. Malkenhorst, Jr. Acting City Clerk �eonis C. Ma tbrg Mayor Page 7 of 7