Loading...
19920218 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 18, 1992 AT 4:45 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Davis, Gonzales MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. I It was moved by McCormick, seconded by Davis, that the minutes of the City Council Meeting held February 4, 1992, be approved as submitted and adopted. Motion carried. The City Clerk read the names of employees who achieved Perfect Attendance and the Mayor extended congratulations on behalf of the City Council and presented gift brochures to the following: TWO YEARS THREE YEARS Joan Francone David Muniz Mariano Gonzalez Vince Washington David Alvarez Dale Kruse Richard Lozano Manuel Morales Bruce Olson Craig Peltier FOUR YEARS FIVE YEARS Ed Saenz Felix Saldana victor vaits The following employees were acknowledged for their achieving Perfect Attendance; however, were unable to attend the meeting: Michael Ogawa (Two Years), Jerry Winegar (Two Years), JR Winfrey (Two Years), Carlos Fandino (Three Years) and Jon Arvizu (Five Years) . The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:14 p.m., all members present before the recess again being present. Police Department Activity Log for the period February 1 thru 15, 1992, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period February 1 thru 15, 1992, be received and filed. Motion carried. Fire Department Activity Report for the period February 1 I thru 15, 1992, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period February 1 thru 15, 1992, be received and filed. Motion carried. Health Department Report for the month of January, 1992, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of January, 1992, be received and filed. Motion carried. Risk Management Report for the month of January, 1992, was presented. "'~ City Council Minutes page 2 February 18, 1992 It was moved by Gonzales, seconded by MCCormick, that the Risk Management Report for the month of January, 1992, be received and filed. Motion carried. At this time, the Mayor asked if there was anyone in the audience who wished to address the Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. There was no one in the audience who wished to address the City Council on any matter on the Agenda at this time. I It was moved by Ybarra, seconded by McCormick, to open the Public Hearing to respond to comments received pertaining to the application by JCI Environmental Services, Inc. for a Conditional Use Permit to operate a truck terminal at 4133 Bandini Boulevard, the time being 5:16 p.m. Motion carried. Victor Vaits, Director of Community Services, addressed the City Council and reiterated that he was adding two "conditions" to the Conditional Use Permit as stated in his letters dated January 30 and modifying "conditions" as stated in his letter dated February 3, 1992. These changes are the revision of Condition "L" that was previously submitted in his February 3, 1992 memo to the City Clerki and Conditions "q" and "r" which were submitted in his January 30, 1992 communication to the City Council. Mr. Vaits addressed the communication that was submitted by the County of Los Angeles Department of Public Works dated February 10, 1992 and received this day, and responded to the comments raised in connection with the Negative Declaration on this project: County Public Works: The County presently does not have adequate facilities to handle additional hazardous waste. Response: This is not a proposed hazardous waste site - it is only a truck facility that hauls hazardous wastei therefore, this concern is not applicable at this time. County Public Works: Feels that this may fall under Section 308(c) of the Los Angeles County Uniform Building Code which requires a permit from the Waste Management Division of the Department of Public Works. Response: The City of Vernon Building Department is responsible for enforcing its regulations and is not under the jurisdiction of Los Angeles County Public Works. County Public Works: Request that Condition "i" be amended to read as follows: "... file a Notice of preparation with the State Water Resources Control Board for a General Industrial Storms Water Permit within the Board's time limit. . ." I Response: Staff reviewed this and feels that the wording can be changed in order to clarify this section and recommended that condition "i" be changed to read as follows "....file a Notice of Intent with the State Water Resources Control Board for a general permit to discharge storm water associated with industrial activity, within the board's time limits and prepare proper prevention and monitoring plans for all possible storm water contamination. County Public Works: They advise that any mitigation measure moni- toring program that is administered by the Los Angeles County Public Works Department, Waste Management Division, requires a funding account which is to be established by the project proponent to pay for the required services. . 'V 4359 City Council Minutes page 3 February 18, 1992 Response: This was discussed with the Public Works Department and we were advised that there is not a program established at this time and it doesn't need to be handled or addressed in this manner. Mr. Vaits also addressed the matter of his department with regard to concerns raised at the February 4th City Council Meeting and how employees would respond to any type of emergency situation. Mr. vaits read from and submitted his communication dated February 18, 1992 which is to be attached to the City Clerk's report pertaining to responses to questions raised during the Public Hearing held January 21, 1992, and at the City Council Meeting held February 4, 1992. I Councilman Gonzales asked Mr. vaits if all the questions that have been raised and comments that were made have been answered. Mr. Vaits stated to his knowledge, they have all been answered and addressed. David B. Brearley, City Attorney, advised that the City Clerk submitted a report that was based on the responses received from all departments which responded to the questions that were raised during the January 21st Public Hearing and the February 4th City Council meeting. Mr. Brearley read a list of all the documents that have been submitted which have information pertaining to this project: 1. January 21, 1992 City Council Minutes 2. January 21, 1992 letter from Bandini Fertilizer 3. February 4, 1992 City Council Minutes 4. February 6, 1992 copy of letter from JCI Environmental Services, Inc. to Los Angeles County Supervisor Gloria Molina 5. Copy of today's Public Hearing Notice 6. Resolution No. 6031 7. January 30, 1992 letter from Bruce V. Malkenhorst January 30, 1992 letter from Victor vaits January 30, 1992 letter from Victor Vaits February 3, 1992 letter from Bruce V. Malkenhorst February 13, 1992 letter from Bruce V. Malkenhorst February 18, 1992 letter from victor H. vaits 8. 9. 10. 11. 12. I The Mayor asked if there were any questions from anyone in the audience. Mr. Valentine Robles addressed victor vaits's comments regarding the workers on duty in case of emergency and who trains these people. Mr. Brearley advised that these are employees of the City. Various departments have certain responsibilities and certain departments have the responsibility of being the "lead," therefore having to oversee and direct other employees or department where and when necessary. Mr. Robles asked in case of an accident would the employees be notified and responsible to report to work and would residents be notified and how would this be done. 4360 City Council Minutes page 4 February 18, 1992 Fire Chief Spadt responded that there are evacuation procedures that are to be followed. Certain agencies have the responsibility of adhering to procedures for notification. Mr. Robles stated that he didn't understand why it appears that things just get pushed aside and no one wants to accept the responsibility of seeing that things get done and everyone wants to place the task. on someone else's shoulders. He had no further comments. victor Muniz, Vice President, JCI Environmental Services, Inc., addressed the Council and stated that the company has vast experience in this industry and advised that their Technical Director, I Jeff Logan, was seated in the audience in case the Council would like to ask him any questions. There was no other person who wished to address the City Council on this matter. It was moved by Gonzales, seconded by Davis, to close the Public Hearing for responding to comments received pertaining to the application by JCI Environmental Services, Inc. for a Conditional Use Permit, the time being 5:35 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, to receive and file the below listed communications and reports submitted or received prior to or during the City Council Meetings held January 21, February 4 and 18, 1992; and/or during the Public Hearings held January 21, and February 18, 1992. Motion carried. 1. January 13, 1992 letter from victor vaits submitting JCI's application and supporting documents 2. January 21, 1992 letter from Bandini Fertilizer 3. Notes from Mr. Ruben McDavid, representing Mothers of East Los Angeles 4. January 30, 1992 letter from Bruce V. Malkenhorst resubmitting January 13th letter from victor vaits 5. January 30, 1992 from Victor Vaits submitting staff responses 6. January 30, 1992 letter from victor Vaits adding "Conditions" 7. February 3, 1992 letter from Bruce V. Malkenhorst submitting a "Condition" change I 8. February 10, 1992 letter from County of Los Angeles 9. February 13, 1992 report from Bruce V. Malkenhorst submitting a report based on the Community services, Fire Department, Police Department and Health Departments' responses to questions raised during the Public Hearing held January 21, 1992 and the City Council Meeting held February 4, 1992. 10. February 18, 1992 report from victor H. vaits It was moved by McCormick, seconded by Gonzales, that the following determinations be made. Motion carried. 1. That the project is consistent with the General Plan as adopted by the City of Vernon; 4361. City Council Minutes page 5 February 18, 1992 2. That the project will not have a significant effect on the environment in this case because of the mitigating measures adopted as Conditions of their Conditional Use Permit: and 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources: It was moved by Gonzales, seconded by Mccormick, that the following action be approved. Motion carried. I 1. A Negative Declaration be adopted: 2. A Notice of Determination and a De Minimis Finding be filed with the County: 3. The Conditional Use Permit be granted contingent upon Conditions "a" thru "r" as listed in Resolution No. 6031. RESOLUTION NO. 6031 - A Resolution of the city Council of the City of Vernon Granting a Conditional Use Permit to JCI Environmental Services, Inc. for the Operation of a Truck Terminal at 4133 Bandini Boulevard, was presented. (Deferred from the City Council Meeting held February 4, 1992.) It was moved by Gonzales, seconded by McCormick, that Resolution No. 6031, be approved and adopted. Motion carried. RESOLUTION NO. 6048 - A Resolution of the City Council of the City of Vernon Setting the Time and Place for Regular Meetings of Committees and Commissions of the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6048 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated February 4, 1992, was presented, requesting authority and funds for Sergeant James Wohlt to attend the POST Training Needs Assessment Seminar in Buena Park, March 10-13, 1992, with an expense allowance of $126.00 of which $94.40 will be reimbursed by POST. It was moved by Davis, seconded by Gonzales, that authority be granted for Sgt. James Wohlt to attend the POST Training Needs Assessment Seminar in Buena Park, March 10-13, 1992, with an expense allowance of $126.00. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated February 4, 1992, was presented, requesting authority and funds for Police Officer Fernando Rodriguez to attend the Advanced Officer Course in Santa Ana, March 23-25, 1992, with an expense allowance of $91.60 of which $78.60 will be reimbursed by POST. I It was moved by Ybarra, seconded by Davis, that authority be granted for Officer Fernando Rodriguez to attend the Advanced Officer Course in Santa Ana, March 23-25, 1992, with an expense allowance of $91.60. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated February 4, 1992, was presented, requesting authority and funds for Civilian Court Officer Hector Figueroa to attend the California Association of Property & Evidence Officer's Training Seminar in Modesto, California, March 3-6, 1992, with an expense allowance of $510.56. It was moved by McCormick, seconded by Davis, that authority be granted for Hector Figueroa to attend the California Association of Property & Evidence Officer's Training Seminar in Modesto, California, March 3-6, 1992, with an expense allowance of $510.56. Motion carried. 4382 City Council Minutes page 6 February 18, 1992 Communication from Bruce V. Malkenhorst, City Clerk, dated February 10, 1992, was presented, requesting authority and funds to attend the 1992 National Public Employer Labor Relations Association's Annual Conference in Palm Springs, April 5-10, 1992, with an expense allowance of $1,251.00. It was moved by Ybarra, seconded by Gonzales, that authority be granted for the aforementioned City official to attend the 1992 National Public Employer Labor Relations Association's Annual Conference in Palm Springs, April 5-10, 1992, with an expense allowance of $1,251.00. Motion carried. I Communication from Police Chief Louis Rosenkrantz, dated February 11, 1992, was presented, requesting authority and funds for Sergeant Thomas Igyarto to attend the civil Liability Course in Long Beach, March 23-25, 1992, with an expense allowance of $302.80 of which $278.80 will be reimbursed by POST. It was moved by McCormick, seconded by Davis, that authority be granted for Sgt. Thomas Igyarto to attend the civil Liability Course in Long Beach, March 23-25, 1992, with an expense allowance of $302.80. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 11, 1992, was presented, advising that at the Finance Committee Meeting held November 14, 1991, approval was granted to proceed with finalizing health insurance agreements and transmitting the following relating to said coverage which have been reviewed by the Risk Manager and City Attorney, and recommending that authority be granted to execute same: 1. Master Stop-Loss Policy (GUG-2R03) 2. ExclusiCare Administrative Services Agreement (EPSI-4H15) and ExclusiCare Payor Agreement (EPSI-4H15) 3. Amendment No.3 to Administrative Services Agreement (GUSI-2R04 and GUSI-2R05) It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated February 11, 1992, be received and filed, and that his recommendation be approved. Motion carried. I RESOLUTION NO. 6052 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Master stop Loss Policy (GUG-2R03) By and Between the City of Vernon and united of Omaha Life Insurance Company (OMAHA), was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6052 be approved and adopted. Motion carried. RESOLUTION NO. 6053 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Administrative Service Agreement (EPSI-4H15) By and Between the City of Vernon and United of Omaha Life Insurance Company (OMAHA), was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6053 be approved and adopted. Motion carried. RESOLUTION NO. 6054 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Payor Agreement (EPSI-4H15) By and Between the City of Vernon and united of Omaha Life Insurance Company (OMAHA), was presented. It was moved by MCCormick, seconded by Gonzales, that Resolution No. 6054 be approved and adopted. Motion carried. 4363 City Council Minutes page 7 February 18, 1992 RESOLUTION NO. 6057 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 3 to Administrative Services Agreement (GUSI-2R04) and GUSI-2R05) By and Between the City of Vernon and United of Omaha Life Insurance Company (OMAHA), was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6057 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 13, 1992, was presented, transmitting the minutes of the Adjourned Regular Finance Committee Meeting held February 10, 1992, for approval of the recommendations contained therein. I It was moved by McCormick, seconded by Gonzales, that the minutes of the Adjourned Regular Finance Committee Meeting held February 10, 1992, be approved as submitted with the exception of the signature line which should be changed to read "Chairman Pro Tem" and not "Mayor Pro Tem." Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 13, 1992, was presented, recommending that the following personnel actions be approved: MERIT STEP INCREASES David Cheng, Police Officer, Step 4, be granted a merit step increase to Police Officer, Step 3, with a new monthly base salary of $3286, effective March 17, 1992, based on his satisfactory job performance during the past year. It was moved by Ybarra, seconded by Gonzales, to grant David Cheng a merit step increase to Police Officer, Step 3, effective March 17, 1992. Motion carried. Steven Wiles, Police Officer, Step 4, be granted a merit step increase to Police Officer, Step 3, with a new monthly base salary of $3286, effective March 18, 1992, based on his satisfactory job performance during the past year. It was moved by MCCormick, seconded by Gonzales, to grant Steven Wiles a merit step increase to Police Officer, Step 3, effective March 18, 1992. Motion carried. Steven Coday, Police Officer, Step 4, be granted a merit step increase to Police Officer, Step 3, with a new monthly base salary of $3286, effective March 11, 1992, based on his satisfactory jOb performance during the past year. It was moved by Davis, seconded by Ybarra, to grant Steven Coday a merit step increase to Police Officer, Step 3, effective March 11, 1992. Motion carried. I Robert Martinez and Mario Mendoza, both classified as Utilityman III, Step 2 in the Community Services Department, be granted merit step increases to Utilityman III, Step 1, with a new monthly base salary of $2658 each, effective March 8, 1992, based on their satisfactory job performances during the past year. It was moved by Ybarra, seconded by Gonzales, to grant both Robert Martinez and Mario Mendoza a merit step increase to Utilityman III, Step 1, effective March 8, 1992. Motion carried. Susan Merritt, Account Clerk, Step 9 in the City Clerk's/Finance Department, be granted a merit step increase to Account Clerk, Step 8, with a new monthly base salary of $1918, effective February 23, 1992, based on her satisfactory job performance since her date of hire. 4384 City Council Minutes page 8 February 18, 1992 It was moved by Davis, seconded by McCormick, to grant Susan Merritt a merit step increase to Account Clerk, Step 8, effective February 23, 1992. Motion carried. Tom Pavlovsky, Fire Captain, Step 3, be granted a merit step increase to Fire Captain, Step 2, with a new monthly base salary of $4672, effective February 23, 1992, based on his satisfactory job performance during the past year. It was moved by Ybarra, seconded by Davis, to grant Tom Pavlovsky a merit step increase to Fire Captain, step 2, effective February 23, 1992. Motion carried. I Dale Kruse, Fire Captain, step 2, be granted a merit step increase to Fire Captain, step 1, with a new monthly base salary of $4929, effective March 8, 1992, based on his satisfactory job performance during the past year. It was moved by Gonzales, seconded by Davis, to grant Dale Kruse a merit step increase to Fire Captain, step 1, effective March 8, 1992. Motion carried. John Diaz, System Operator, Step 7 in the Light and Power Department, be granted a merit step increase to System Operator, step 6, with a new monthly base salary of $2606, effective March 8, 1992, based on his satisfactory job performance during the past year. It was moved by Ybarra, seconded by McCormick, to grant John Diaz, a merit step increase to System Operator, step 6, effective March 8, 1992. Motion carried. RESIGNATION/TERMINATION The resignation of Sylvia Romero, Dispatcher in the Police Department, dated February 4, 1992, be accepted effective the same date. It was moved by Gonzales, seconded by Davis, to accept the resignation of Sylvia Romero effective February 4, 1992. Motion carried. Chantea Jackson, utility Clerk in the Fire Department, be terminated effective February 5, 1992 at the close of the business day, based on her failure to pass probation. It was moved by Gonzales, seconded by Ybarra, to terminate Chantea Jackson effective February 5, 1992 at the close of the business day. Motion carried. REIMBURSEMENTS I The below listed Fire Department personnel be reimbursed from the Education and Training Appropriation Account in the amounts listed for their satisfactory completion of courses taken at various colleges related to their position with City: Firefighter John Cusolito Firefighter Randy Bolander Engineer Jed Hulsey Firefighter Stephen Agon Firefighter Andrew Guth $ 60.00 143.00 42.00 82.80 169.71 Rancho Santiago College Long Beach City College Cerritos College Crafton Hills College Rancho Santiago and Long Beach City Colleges It was moved by McCormick, seconded by Ybarra, to reimburse the aforementioned listed Fire Department personnel from the Education and Training Appropriation Account in the amounts listed. Motion carried. 4365 City Council Minutes page 9 February 18, 1992 Dan Downing, Environmental Specialist in the Health Department, be reimbursed $776.14 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at University of California, Riverside, related to his position with the city. It was moved by Davis, seconded by Gonzales, to reimburse Dan Downing $776.14 from the Education and Training Appropriation Account. Motion carried. I Communication from Bruce V. Malkenhorst, City Clerk, dated February 13, 1992, was presented, transmitting a "Coroner Facility Tour and Autopsy Viewing Indemnification Agreement" with the County of Los Angeles Coroner's Department. This has been reviewed by the Chief of Police and City Attorney, and it is hereby recommended that said Agreement be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated February 13, 1992, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6058 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Coroner Facility Tour and Autopsy Viewing Indemnification Agreement By and Between the City of Vernon and the County of Los Angeles Department of Coroner, was presented. It was moved by McCormiCk, seconded by Davis, that Resolution No. 6058 be approved and adopted. Motion carried. WARRANT REGISTER NO. 833 covering claims and demands presented during the period of January 31 thru February 13, 1992 drawn on the First Interstate Bank totaling $442,912.07, which includes Demand Nos. 35920 thru 36114 (inClusive), excluding Light & Power Demands and Void Demand Nos. 35933 and 35967 thru 35969 (accounting period February, 1992), was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 833 be approved and payment authorized for claims and demands totaling $442,912.07, excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 833 covering claims and demands presented during the period of January 31 thru February 13, 1992, drawn on the First Interstate Bank totaling $2,140,288.70, which includes Light & Power Demand Nos. as listed below (Accounting period February, 1992), was examined and audited: 35926 35936 35964 35995 36055 36084 36111 35927 35938 35965 36000 36059 36086 36113 I 35928 35949 35971 36001 36062 36088 36114 35929 35957 35980 36009 36065 36097 35930 35960 35988 36014 36066 36101 35931 35961 35989 36017 36068 36104 35932 35962 35991 36031 36075 36107 35934 35963 35992 36049 36079 36110 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 833 be approved and payment authorized for claims and demands totaling $2,140,288.70. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. PAYROLL WARRAMT REGISTER NO. 426 covering claims and demands presented during the period of December 15, 1991 thru January 11, 1992, drawn on the First Interstate Bank totaling $1,221,877.99 which includes Demand Nos. 6416 thru 6448 (inclusive) (accounting period January 1992), was examined and audited. 4366 I I City Council Minutes page 10 February 18, 1992 It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 426 be approved and payment authorized for claims and demands totaling $1,221,877.99. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 13, 1992, was presented, transmitting a certification and Notice pertaining to the General Municipal Election to be held April 14, 1992. Said Certification and Notice states that only one person has been nominated for each elective office. This certification and Notice was published in a newspaper of general circulation, pursuant to section 6061 of the Government Code, on Wednesday, February 12, 1992. In accordance with Section 22843;5 of the Elections Code, the City Council may appoint the persons who have been nominated to the offices at an adjourned meeting held before the date of the Municipal Election; however, appointments may not be made until after the tenth day following the date of publication (February 22, 1992). Monday, February 24th is the deadline for the Council to make any appoint- ments, and if appointments are not made by that day, the election must be held. It was moved by Ybarra, seconded by Mccormick, that the communication from the City Clerk dated February 13, 1992, be received and filed. Motion carried. Consideration of approval of funds to prepare an Initial Study and Notice of Preparation for the formation of the Enterprise Zone at an amount not to exceed $10,000. Consideration of entering into an Agreement between the City of Vernon and Lead Consultants, Magellan Group, for assisting the City of Bell and Vernon in jointly preparing their preliminary and Final Application for designation of an Enterprise Zone at an amount not to exceed $65,000. David B. Brearley, City Attorney, addressed the City Council on the above referenced matters and also advised that the City Council should consider the adoption of Resolution No. 6059. The City Clerk addressed the Council and briefly summarized the subject of an Enterprise Zone and the advantages that would be available to businesses in the area. It was moved by Ybarra, seconded by Gonzales, that authority be granted to: (1) enter into a City, Agency, Joint Agree- ment with cotton/Beland Associates, Inc., to prepare an Initial Study and Notice of Preparation for the formation of the Enterprise Zone at a cost not to exceed $10,000; (2) to enter into City, Agency, Agree- ment with Magellan Group to assist the cities of Vernon and Bell in the joint preparation of a Preliminary and Final Application for designation of an Enterprise Zone at an amount not to exceed $65,000. Motion carried. Consideration of granting authority and approval for the City Clerk and the City Attorney to negotiate an agreement with the City of Bell to jointly implement and administer an Enterprise Zone. It was moved by McCormick, seconded by Davis, to authorize the City Clerk and the City Attorney to negotiate an agreement with the City of Bell to jointly implement and administer an Enterprise Zone. Motion carried. RESOLUTION NO. 6059 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Joint Application by the City of Vernon and the City of Bell to Participate in the California Enterprise Zone Program, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6059 be approved and adopted. Motion carried. 4367 I I .~' , City Council Minutes page 11 February 18, 1992 Consideration of a Settlement Agreement between Southern California Edison Company and the cities of Anaheim, Azusa, Banning, Colton, Riverside, and Vernon, and Arizona Public Service Company and Southern California Water Company with respect to FERC Docket No. ER84-75. David B. Brearley, City Attorney, advised that the above referenced matter should be deferred to Closed Session later this date. The Mayor called a recess at 6:25 p.m. The Council reconvened in regular session at 6:30 p.m., all members present before the recess again being present. Council go Government 6:31 p.m. It was moved by McCormick, seconded by Ybarra, that the into Closed Session Attorney/Client privilege pursuant to Code Section{s) 54956.9{a) and 54956.9{c), the time being Motion carried. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Mayor Malburg was excused from Closed Session at 6:33 p.m. Mayor Pro tem Ybarra presided over the Council in the absence of the Mayor. Mayor Malburg resumed his seat on the Council at 6:35 p.m. councilman Davis was excused from Closed Session at 6:36 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:45 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Attorney be authorized to file litigation to enforce the terms and conditions of the employment agreement between Robert I. Marroche and the City of Vernon. Motion carried. It was moved by Ybarra, seconded by McCormick, that the settlement between the City of Vernon, Southern California Edison Company, and other wholesale customers in FERC Docket No. ER84-75 be approved and the Mayor be authorized to sign the settlement agreement. Motion carried. Councilman Davis abstained from voting and disqual- ified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. 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 to Monday, February 24, 1992, at 5:00 p.m. Motion carried. ~ " - . ... . &::. ~ --../ . Leo~~ ATr~ /ffL~ Bruce V. Malkenhorst City Clerk /\ 4368