20061122 Regular City Council Meeting - MinutesMINUTES OF THE SPECIAL CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
NOVEMBER 22, 2006, AT 9:18 A.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.
It was moved by Davis, seconded by Ybarra, that the
Minutes of the Regular City Council Meeting held November 1,
2006, be approved and adopted as submitted. Motion carried.
The City Attorney announced that now was the time to
present the Perfect Attendance Awards.
The Mayor presented Perfect Attendance Awards for the
month of October to the following employees who were in
attendance.
NAME
JOB TITLE
D.O.H.
YEARS
Nelly Giron
Deputy City Clerk
08/28/89
2
Marianne Vazquez
Administrative Assistant
10/23/00
6
Elizabeth Negrete
Associate Resource Scheduler
10/11/98
7
Abraham Alemu
Electrical Engineer
10/19/92
14
The below listed employees were unable to attend the
meeting and their awards were forwarded to them.
NAME
Todd Newton
Daniel Armellini
Inez Aragon
Miguel Zendejas
Alexandra Ronquillo
Richard Hill
Jason Haugen
Martha Parra
Michael DeFrank
Armando Hinojos
Deborah Romero
David Shea
Jerry Schreiber
JOB TITLE
D.O.H.
YEARS
Police Officer
10/20/03
3
Captain
11/02/92
5
Police Officer
01/12/89
6
Police Officer
10/11/99
7
Dispatcher
06/08/98
8
Police Officer
10/13/97
9
Firefighter
01/07/91
10
Records Clerk
11/16/87
11
Project Engineer
03/18/84
12
Systems Coordinator I
10/16/94
12
Sr. Administrative Assistant
12/04/89
12
Fire Engineer
09/18/89
15
Senior Electrical Inspector
10/01/87
19
The Mayor called a short recess at 9:20 a.m.
The City Council reconvened in regular session at 9:22
a.m., all members present before the recess again being present.
Fire Department Activity Report for the period of
November 1st through November 15th, 2006, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Fire Department Activity Report for the period of November
1st through November 15th, 2006, be received and filed. Motion
carried.
Special City Council Meeting Minutes
November 22, 2006
Police Department Activity Log for the period of
November 1st through November 15th, 2006, was presented.
It was moved by Davis, seconded by McCormick, that the
Police Department Activity Log for the period of November 1st
through November 15th, 2006, be received and filed. Motion
carried.
Health Department Report for the month of October
2006, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Health Department Report for the month of October 2006, be
received and filed. Motion carried.
Risk Management Report for the month of October 2006,
was presented.
It was moved by Davis, seconded by Ybarra, that the
Risk Management Report for the month of October 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. 1124 - An Ordinance of the City Council
of the City of Vernon Amending Article II of Chapter 7 of the
Code of the City of Vernon and Repealing all Ordinances and
Parts of Ordinances in Conflict Therewith, was read by title for
a first reading.
It was moved by Gonzales, seconded by Ybarra, that
Ordinance No. 1124 be approved for a first reading. Motion
carried.
Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick
Noes: None
Absent: None
Abstained: None
ORDINANCE NO. 1125 - An Ordinance of the City Council
of the City of Vernon Amending Section 2.68 of Chapter 2 and
Adding Section 2.65-1 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.
It was moved McCormick, seconded by Davis, that
Ordinance No. 1125 be approved for a first reading. Motion
carried.
Ayes: Ybarra, Gonzales, Davis, McCormick
Malburg,
Noes:
None
Absent:
None
Abstained:
None
Page 2 of 9
Special City Council Meeting Minutes
November 22, 2006
The City Attorney advised that the following matter
should be deferred.
RESOLUTION NO. 9166 - A Resolution of the City Council
of the City of Vernon Defining the Scope and Duties of the
Capital Project Administrator (deferred from last meeting)
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9166 be deferred. Motion carried.
The consent calendar was presented.
Community Service & Water Department
1. Ratification of the attendance of the following:
• "SSO-WDR Compliance Workshop: Electronic Reporting"
2. Request for authorization for personnel to attend the
following:
• "Safety and Traffic Control Plans for Work Zones
Course"
Fire Department
3. Request for authorization for personnel to attend the
following:
• 118th Annual California Background Investigators
Association Training Symposium"
Legal Department
4. Ratification of City of Vernon Requisitions from the Legal
Counsel Disbursement Custody Escrow Account No. 800458 covering
claims and demands presented during the period of October 26
through November 15, 2006, drawn on The Bank of New York Trust
Company, N.A. totaling $241,463.75, which includes Requisition
Nos. LCD031 through LCD034 (inclusive).
Police Department
5. Ratification of the attendance of the following:
• "Limited Term Jail Watch Commander Overview & Update
Course"
6. Request for authorization for personnel to attend the
following:
• "Managing Civil Actions in Threat Incidents Training
Course"
• "PepperBall Instructor/Armorer Certification Course"
Page 3 of 9
Special City Council Meeting Minutes
November 22, 2006
Treasurer's Department
7. Ratification of the issuance of checks for Payroll Warrant
Register No. 605 covering claims and demands presented during
the period of September 17 through October 14, 2006, drawn on
Bank of America totaling $2,256,247.88, which includes Check
Nos. 9099 through 9115 (inclusive), (Accounting period October
2006).
Finance Committee
8. Ratification of the execution of the following Work
Authorization No(s). of the contract with Galliera Inc., dba
Trico Construction ("Trico") at the stated amount(s):
PM-100-06 in the not to exceed amount of $25,000.00 per
month for a one-year period to track Gas system
construction services
PM-106-06-MGS in the amount of $21,780.00 for preparation
of annual compliance reports for the CEC
9. Recommendation to approve and execute the following change
order(s) to the stated contract(s) at the stated amount(s):
Contract C.O.# Amount
Power Engineers, Inc. 1 Not to Exceed $94,000.00
10. Request to issue an open purchase order to Econolite
Control Products, Inc. in the not to exceed amount of $25,000.00
for the replacement of obsolete traffic signal equipment for the
Community Services Department.
11. RESOLUTION NO. 9169 - A Resolution of the City Council of
the City of Vernon Authorizing the Sale of Surplus Property From
the Following Departments: City Administration/City Clerk
(Purchasing/Finance), Community Services & Water, Fire and
Police Pursuant to Section 2.31 of the Vernon City Code
End of Consent Calendar
It was moved by Ybarra, seconded by Davis, that the
matters on the consent calendar be approved as recommended.
Motion carried.
Ratification of the appointment of Councilman W.
Michael McCormick as the voting delegate at the "National League
of Cities Annual Business Meeting" to be held December 9, 2006,
in Reno, Nevada, was presented.
It was moved by Ybarra, seconded by Davis, to ratify
the appointment of Councilman W. Michael McCormick as the voting
delegate at the "National League of Cities Annual Business
Meeting" to be held December 9, 2006, in Reno, Nevada. Motion
carried.
Request to approve a variance from the 2001 California
Building Code, Table No. 5-A for Sterigenics EO, Inc. on behalf
of ProLogis and F.S. Property, L.P. for the properties located
at 4801 and 4863 50th Street, respectively, was presented.
Page 4 of 9
Special City Council Meeting Minutes
November 22, 2006
It was moved by Gonzales, seconded by McCormick, to
approve a variance from the 2001 California Building Code, Table
No. 5-A for Sterigenics EO, Inc. on behalf of ProLogis and F.S.
Property, L.P. for the properties located at 4801 and 4863 50tn
Street, respectively. Motion carried.
RESOLUTION NO. 9167 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 9089 by Amending
Page 4 of Schedule II (Exhibit B) of Said Resolution Which Fixed
the Compensation for Certain Employees of Said City and
Authorized Certain Expense Allowances, was read by title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9167 be approved and adopted. Motion carried.
RESOLUTION NO. 9168 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
First Amendment to Standard Offer, Agreement and Escrow
Instructions for Purchase of Real Property and Approving and
Authorizing the Execution of a Bill of Sale By and Between the
City of Vernon, Walters Wholesale Electric Co. and Vernon
Electro, LLC Regarding Property Located at 3375 E. Slauson
Avenue in the City of Vernon, was read by title.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 9168 be approved and adopted. Motion carried.
RESOLUTION NO. 9170 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Fourth Amendment to Agreement Number C-107783 By and Between
the City of Vernon and the City of Los Angeles Regarding the Use
of 2003 Urban Areas Security Initiative Grant Funds, was read by
title.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 9170 be approved and adopted. Motion carried.
RESOLUTION NO. 9171 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. Five to Maintenance Agreement By and Between
the City of Vernon and VCI Telcom, Inc., was read by title.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 9171 be approved and adopted. Motion carried.
RESOLUTION NO. 9172 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement Concerning Nondisclosure of Information By and
Between the City of Vernon and the BNSF Railway Company and the
Los Angeles Junction Railway, was read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9172 be approved and adopted. Motion carried.
RESOLUTION NO. 9173 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Loan Agreement By and Between the City of Vernon and the
Redevelopment Agency of the City of Vernon, was read by title.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 9173 be approved and adopted. Motion carried.
Page 5 of 9
Special City Council Meeting Minutes
November 22, 2006
RESOLUTION NO. 9174 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
Redevelopment Revolving Fund Loan No. 13 Between the City of
Vernon and the Redevelopment Agency of the City of Vernon, was
read by title.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 9174 be approved and adopted. Motion carried.
RESOLUTION NO. 9175 - A Resolution of the City Council
of the City of Vernon Approving and Ratifying the Execution of a
Professional Services Agreement By and Between the City of
Vernon and Global Energy Decisions, Inc., dba Henwood Energy
Services, Inc., was read by title.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 9175 be approved and adopted. Motion carried.
The City Attorney advised that the following matter
should be deferred.
RESOLUTION NO. 9176 - 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
IntraLinks Services Regarding Virtual Data Room Services for the
Coldwater Project
It was moved by Davis, seconded by Ybarra, that
Resolution No. 9176 be deferred. Motion carried.
Mayor Malburg excused himself from the meeting at 9:34
a.m.
Ratification of the issuance of early checks for
Warrant Register No. 1205, covering claims and demands presented
during the period of October 26 through November 15, 2006, drawn
on Bank of America totaling $373,079.81, which includes Check
Nos. 313360 through 313428 (inclusive), excluding void Check No.
313383 (Accounting period November 2006), was presented.
It was moved by Davis, seconded by Gonzales, that
early checks for Warrant Register No. 1205, covering the payment
of claims and demands totaling $373,079.81, be ratified. Motion
carried.
Ratification of wire transfers for Warrant Register
No. 1205, covering claims and demands presented during the
period of October 26 through November 15, 2006, drawn on Bank of
America totaling $524,297.45, which includes Wire Nos. W00176
through W00180 (inclusive), (Accounting period November 2006),
was presented.
It was moved by McCormick, seconded by Gonzales, that
wire transfers for Warrant Register No. 1205, covering the
payment of claims and demands totaling $524,297.45, be ratified.
Motion carried.
Page 6 of 9
Special City Council Meeting Minutes
November 22, 2006
Warrant Register No. 1205, covering claims and demands
presented during the period of October 26 through November 15,
2006, drawn on Bank of America totaling $881,592.92, which
includes Check Nos. 313429 through 313804 (inclusive), excluding
void Check Nos. listed below, (Accounting period November 2006),
was presented.
313429 through 313625
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 1205 be approved and payment authorized for
claims and demands totaling $881,592.92. Motion carried.
Councilman Davis excused himself from the meeting at
9:35 a.m.
Ratification of the issuance of early checks for Light
& Power Warrant Register No. 170, covering claims and demands
presented during the period of October 26 through November 15,
2006, drawn on Bank of America totaling $31,350.63, which
includes Check Nos. 503516 through 503531 (inclusive)
(Accounting period November 2006), was presented.
It was moved by McCormick, seconded by Gonzales, that
early checks for Light & Power Warrant Register No. 170,
covering the payment of claims and demands totaling $31,350.63,
be ratified. Motion carried.
Ratification of wire transfers for Light & Power
Warrant Register No. 170, covering claims and demands presented
during the period of October 26 through November 15, 2006, drawn
on Bank of America totaling $2,621,129.86, which includes Wire
Nos. W03271 through W03300 (inclusive), (Accounting period
November 2006), was presented.
It was moved by Gonzales, seconded by McCormick, that
wire transfers for Light & Power Warrant Register No. 170,
covering the payment of claims and demands totaling
$2,621,129.86, be ratified. Motion carried.
Light & Power Warrant Register No. 170, covering
claims and demands presented during the period of October 26
through November 15, 2006, drawn on Bank of America totaling
$342,042.97, which includes Check Nos. 503532 through 503592
(inclusive), (Accounting period November 2006), was presented.
503532 through 503537
It was moved by McCormick, seconded by Gonzales, that
Light & Power Warrant Register No. 170 be approved and payment
authorized for claims and demands totaling $342,042.97. Motion
carried.
Mayor Malburg and Councilman Davis re-entered the
Council Chamber and resumed the meeting in regular session at
9:37 a.m.
The City Attorney announced that now was the time for
elected officials to report on conferences/seminars attended
during the period of November 2 through November 21, 2006.
Page 7 of 9
Special City Council Meeting Minutes
November 22, 2006
The Acting City Clerk highlighted the events of an
Investment Seminar the City of Vernon conducted in Beijing,
China on November 15, 2006, and provided a summary of the
Immigrant Investor Program.
Councilman Davis gave a slide presentation of the
Investment Seminar in Beijing and provided a summary of his
interactions with the individuals who attended the seminar.
Councilman Gonzales summarized his participation in
the Investment Seminar in Beijing, in which he provided the
history of Vernon and the benefits of the Immigrant Investor
Program to the businesses. He advised that the seminar was
successful and investors showed great interest in the City of
Vernon. Councilman Gonzales also read two Beijing newspaper
articles regarding the seminar that were translated to English.
The City Attorney announced that now was the time to
go into closed session.
It was moved by Ybarra, seconded by Davis, that the
City Council go into closed session, the time being 10:20 a.m.
Motion carried.
Everyone was excluded from closed session with the
exception of the Acting City Clerk, the City Attorney, members
of the City Attorney's office, and outside legal counsel.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
Everyone was excused from closed session at 10:25 a.m.
It was moved by Gonzales, seconded by Davis, that the
City Council go out of closed session and resume regular
session, the time being 11:14 a.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, to
appoint Eric T. Fresch as the Acting City Administrator. Motion
carried.
It was reported out that the City Council had a
conference with legal counsel in closed session regarding
existing litigation case nos. LASC No. BC 331516, LASC No. BS
101423, and JAMS No. 1220032808 pursuant to subdivision (a) of
Government Code Section 54956.9, and settlement authority was
granted to the City Attorney's office with regard to JAMS Case
No. 1220032808, RMI v. City of Vernon. No action was taken with
respect to the remaining existing litigation matters: LASC No.
BC 331516 and LASC No. BS 101423.
It was reported out that the City Council had a
conference with legal counsel in closed session regarding two
items of anticipated litigation pursuant to subdivision (b) of
Government Code Section 54956.9, and the claim of Smith was
denied and the claim of Ruffoni was accepted.
Page 8 of 9
Special City Council Meeting Minutes
November 22, 2006
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Davis, that the meeting be adjourned, the time being 11:14
a.m. Motion carried.
ATTEST
l _
Bruce V. Malkenhorst, Jr.
Acting City Clerk
eonis C. Aalburg
Mayor
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