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19980217 Regular City Council Meeting - MinutesMINUTES CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 17, 1998 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held January 27, 1998, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the City Council Meeting held February 3, 1998, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 11, 1998, was presented, advising that the below listed employees have qualified for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance. The Mayor presented Perfect Attendance Awards to the following employees and extended congratulations on behalf of the entire City Council: Date of Hire Em-ployee Award O1/03/95 Shirley Salas, Account Clerk 3 Years O1/10/94 Jerry Chavez, Police Officer 4 Years 02/25/91 Leonard Grossberg, Env. Specialist 4 Years 03/25/91 Jim Wilcox, Sr. Env. Specialist 4 Years 09/22/87 Christian Moscoso, Sergeant 5 Years 08/17/87 Anthony Zack, Sergeant 6 Years O1/02/91 Tom Kennedy, Engineering Technician 7 Years O1/21/91 Anthony Serrano, Customer Svc. Rep. 7 Years O1/02/90 Joan Francone, Risk Mgr./Pers. Asst. 8 Years 04/23/89 David Muniz, Utilityman 8 Years 09/01/78 Vince Washington, Utilityman 8 Years O1/02/90 Silas Williams, Utilityman 8 Years 08/09/82 Bruce Olson, Chief of Police 9 Years 04/11/66 Edward Saenz, Utilityman 10 Years 09/28/86 Felix Saldana, Utilityman 10 Years The following employees could not attend the meeting and Perfect Attendance Awards were accepted by their respective Department Head: Date of Hire Employee Award O1/05/87 David Kimes, Fire Captain 2 Years 08/17/87 Bradley Miller, Fire Engineer 2 Years 06/30/81 Stella Pasillas, Utility Clerk 2 Years 10/24/88 Andrew Guth, Fire Captain 4 Years O1/05/87 Jed Hulsey, Fire Captain 5 Years 04/04/88 Daniel Calleros, Sergeant 6 Years 08/28/88 Mauro Trujillo, Utilityman 6 Years 09/18/89 Francisco Tostado, Fire Engineer 7 Years 10/24/88 Craig Peltier, Firefighter 9 Years The Mayor called a short recess, the time being 5:16 p.m. Council reconvened at 5:20 p.m. City Council Meeting Minutes February 17, 1998 Page 2 Police Department Activity Log for the period February 1 thru 15, 1998, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period February 1 thru 15, 1998, be received and filed. Motion carried. Fire Department Activity Report for the period February 1 thru 15, 1998, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period February 1 thru 15, 1998, be received and filed. Motion carried. Health Department Report for the month of January, 1998, was presented. It was moved by Gonzales, seconded by Davis, that the Health Department Report for the month of January, 1998, be received and filed. Motion carried. Risk Management Report for the month of January, 1998, was presented. It was moved by McCormick, seconded by Davis, that the Risk Management Report for the month of January, 1998, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience 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 anyone in the audience wished to address the City Council at this time. Mr. Joseph Pok, representing Pacific Bell, addressed the City Council concerning the communication with regards to MCI and telecommunications, and asked if the matter could be clearly identified as ISO Telecommunications only. The City Attorney advised that this would be clarified when an agreement is entered into. There was no one else in the audience who wished to address the City Council at this time. Communication from Fire Chief Dave Telford, dated February 2, 1998, was presented, requesting authority and funds for Jason McEachran, Firefighter, to attend the Hazardous Materials Technician/Specialist Instructor Orientation Course at San Luis Obispo on February 19, 1998, with an expense allowance of $430.75. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Firefighter Jason McEachran to attend the aforementioned conference with an expense allowance of $430.75. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated February 2, 1998, was presented, requesting authority and funds for him to attend the Contaminated Soils and Groundwater Conference at Oxnard on March 9 thru March 12, 1998, with an expense allowance of $576. City Council Meeting Minutes Page 3 February 17, 1998 It was moved by Davis, seconded by McCormick, that authority be granted for Lewis Pozzebon, Director of Environmental Health, to attend the aforementioned conference with an expense allowance of $576. Motion carried. Communication from Police Chief Bruce Olson, dated February 5, 1998, was presented, requesting authority and funds for Police Detective David Rumley to attend the Narcotics Investigations Conference at Ontario on March 8 thru 20, 1998, with an expense allowance of $1,283.76, of which POST reimburses $946.96. It was moved by McCormick, seconded by Ybarra, that authority be granted for Police Detective David Rumley to attend the aforementioned conference with an expense allowance of $1,283.76. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 9, 1998, was presented, advising that effective December 1, 1997, Mutual of Omaha changed its Preferred Provider Organization (PPO) medical network to Community Care Network (CCN). This provided more that 6,500 physicians and 22 hospitals to the network while also obtaining better discounts from these providers. As a result, Mutual intended to increase the PPO access fee from $1.00 per employee per month to $1.50 per employee per month, however it was discovered that the $1.00 fee was never instituted. This has been reviewed by the Risk Manager and the City Attorney's office, and it is hereby recommended that we amend the Administrative Services Agreement, effective July 1, 1997, to include the $1.00 fee. It was moved by Ybarra, seconded by Davis, that the aforementioned communication be received and filed, and that the Administrative Services Agreement be amended to reflect an increase in the employee access fee to $1.00, effective July 1, 1997. Motion carried. RESOLUTION NO. 7088 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. 9 to the Administrative Services Agreement (GUSI-2R04, GUSI-2R05 and GUSI-9V57) By and Between the City of Vernon and United of Omaha Life Insurance Company, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7088 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 9, 1998, was presented, transmitting the Mutual of Omaha rate summary which remains unchanged for 1998, except for the PPO fees. The PPO fees will be increased from $1.00 per employee per month to $1.50 per employee per month.This increase is a result of the change from PPO Alliance to Community Care Network (CCN) and is expected to amount to considerable savings based on utilization. Except for the $.50 increase, rates will have remained unchanged for 40 months from September 1, 1995, to January 1, 1999. This has been reviewed by the Risk Manager and the City Attorney's office, and it is hereby recommended that we amend the Administrative Services Agreement, effective January 1, 1998, to reflect an increase for the PPO employee access fee from $1.00 to $1.50. It was moved by Davis, seconded by Gonzales, that the aforementioned communication be received and filed, and that the Administrative Services Agreement, be amended to reflect an increase in the employee access fee from $1.00 to $1.50, effective January 1, 1998. Motion carried. City Council Meeting Minutes Page 4 February 17, 1998 RESOLUTION NO. 7089 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. 10 to the Administrative Services Agreement (GUSI-2R04, GUSI-2R05 and GUSI-9V57) By and Between the City of Vernon and United of Omaha Life Insurance Company, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7089 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 9, 1998, was presented, requesting authority and funds for him to attend the California Municipal Utilities Association conference at Monterey on March 31 thru April 3, 1998, with an expense allowance of $1,488. It was moved by Davis, seconded by Gonzales, that authority be granted for Bruce V. Malkenhorst, City Clerk, to attend the aforementioned conference with an expense allowance of $1,488. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 9, 1998, was presented, advising that former Fire Captain James Raabe applied for an industrial disability retirement from the Public Employees Retirement System on April 2, 1992, and retired from the City of Vernon Fire Department on August 8, 1992. The Government Code requires that a determination of the employee's disability must be made within six months of the application unless the employee waives those requirements, which was done by Mr. Raabe's attorney. Alan Sanders, M.D., an Agreed Medical Examiner (AME) specializing in orthopedic surgery, examined Mr. Raabe on June 17, 1993, and April 12, 1994. In his reports, he indicates that Mr. Raabe is precluded from prolonged and repetitive kneeling, squatting, as well as from repetitive running and jumping, very heavy lifting, and carrying. He does not believe that Mr. Raabe should be a fireman where he has to work on ladders and do very heavy lifting activities due to his work related injuries. Avoiding these activities as a Fire Captain is not entirely possible. This has been reviewed by the Risk Manager and based on the reports of Dr. Sanders dated June 17, 1993, and April 12, 1994, it is hereby recommended that the industrial disability retirement for James Raabe be approved. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Clerk be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7090 - A Resolution of the City Council of the City of Vernon Granting the Industrial Disability Retirement of James C. Raabe, a Fire Captain Employed By the City of Vernon (Government Code Sections 21154 and 21156), was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7090 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 10, 1998, was presented, advising that, in accordance with the approval given by the City Council in closed session on January 27, 1998, the law firm of Richards, Watson & Gershon was retained and the firm filed a Notice of Appeal in the litigation entitled City of Vernon v C ntral Basin etc Zastrow, al., LASC No. BC 130693, on January 29, 1998. City Council Meeting Minutes Page 5 February 17, 1998 It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated February 10, 1998, be received and filed. Mayor Malburg abstained. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 11, 1998, was presented, recommending that the following personnel actions be approved: The following employees, classified as Firefighters, Step 3, be granted a merit step increase to Firefighter, Step 2, effective March 15, 1998: David Koltvet Michael Langer Jason McEachran Lawrence Muno Jeff Neely Kurt Smith Robert Combe Paul Johnson It was moved by Ybarra, seconded by Davis, that the aforementioned Firefighters be granted a merit step increase to Firefighter, Step 2, with a new monthly base salary of $3,674 each, effective March 15, 1998. Motion carried. Daniel Santos, Police Officer, Step 3, be granted a merit step increase to Police Officer, Step 2, effective March 18, 1998. It was moved by Davis, seconded by Gonzales, that Daniel Santos be granted a merit step increase to Police Officer, Step 2, with a new monthly base salary of $4,095, effective March 18, 1998. Motion carried. Michael Alway, Police Officer, Step 3, be granted a merit step increase to Police Officer, Step 2, effective March 14, 1998. It was moved by Ybarra, seconded by McCormick, that Michael Alway be granted a merit step increase to Police Officer, Step 2, with a new monthly base salary of $4,095, effective March 14, 1998. Motion carried. Timothy F. Bass, Engineering Aide I, Step 8, in the Light & Power Department, be granted a merit step increase to Engineering Aide I, Step 7, effective March 15, 1998. It was moved by Davis, seconded by Ybarra, that Timothy F. Bass be granted a merit step increase to Engineering Aide I, Step 7, with a new monthly base salary of $3,411, effective March 15, 1998. Motion carried. Mark Whitworth, Fire Captain, Step 4, be granted a merit step increase to Fire Captain, Step 3, effective March 1, 1998. It was moved by McCormick, seconded by Davis, that Mark Whitworth be granted a merit step increase to Fire Captain, Step 3, with a new monthly base salary of $4,863, effective March 1, 1998. Motion carried. City Council Meeting Minutes February 17, 1998 Page 6 Robert Valenzuela, Systems Coordinator I, in the Light & Power Department, be reimbursed $1,348.00 from the Education and Training Appropriation Account for costs incurred for his satisfactory completion of courses taken at the University of California, Los Angeles, related to his position with the City. This recommendation is on an individual basis and is not intended to automatically cover all employees. It was moved by Ybarra, seconded by Davis, that Robert Valenzuela, Systems Coordinator I, in the Light & Power Department, be reimbursed $1,348 from the Education and Training Appropriation Account. Motion carried. Curtis Kirkland, Senior Electronics Technician, in the Light & Power Department, be reimbursed $188.30 from the Education and Training Appropriation Account for his satisfactory completion of a course taken during the fall semester at Mt. San Antonio College related to his position with the City. It was moved by McCormick, seconded by Gonzales, that Curtis Kirkland, Senior Electronics Technician, in the Light & Power Department, be reimbursed $188.30 from the Education and Training Appropriation Account. Motion carried. Police Officer Michael J. Docherty be reimbursed $247.32 from the Education and Training Appropriation Account for his satisfactory completion of courses taken during the fall semester at Citrus College, Covina, related to his position with the City. It was moved by Ybarra, seconded by Davis, that Police Officer Michael J. Docherty be reimbursed $247.32 from the Education and Training Appropriation Account. Motion carried. Roger Conant and Elias Zepeda, each being a Utilityman III, in the Community Services & Water Department, be reimbursed $73.50 each from the Education and Training Appropriation Account for his satisfactory completion of a course taken during the fall semester at Rancho Santiago College related to his position with the City. It was moved by McCormick, seconded by Davis, that Roger Conant and Elias Zepeda, each being a Utilityman III, in the Community Services & Water Department, be reimbursed $73.50 each from the Education and Training Appropriation Account. Motion carried. Michael Hendrickson, Assistant Electronics Technician, in the Light & Power Department, be reimbursed $198.09 from the Education and Training Appropriation Account for his satisfactory completion of a course taken during the fall semester at Long Beach City College related to his position with the City. It was moved by Ybarra, seconded by Davis, that Michael Hendrickson, Assistant Electronics Technician, in the Light & Power Department, be reimbursed $198.09 from the Education and Training Appropriation Account. Motion carried. Felix Saldana, Utilityman II, in the Community Services & Water Department, be reimbursed $131.25 from the Education and Training Appropriation Account for his satisfactory completion of a course taken during the fall semester at East Los Angeles College related to his position with the City. City Council Meeting Minutes Page 7 February 17, 1998 It was moved by Davis, seconded by Ybarra, that Felix Saldana, Utilityman II, in the Community Services & Water Department, be reimbursed $131.25 from the Education and Training Appropriation Account. Motion carried. Linda Smith, Utility Clerk, in the Health Department, be reimbursed $1,312.35 from the Education and Training Appropriation Account for her satisfactory completion of a course taken during the fall semester at Woodbury University related to her position with the City. This recommendation is on an individual basis and is not intended to automatically cover all employees. It Smith, Utility $1,312.35 from Motion carried. was moved by Davis, seconded by Ybarra, that Linda Clerk, in the Health Department, be reimbursed the Education and Training Appropriation Account. Blanca E. Rubio, Personnel Clerk, in the Risk Management/Personnel Department, be reimbursed $350.74 from the Education and Training Appropriation Account for her satisfactory completion of courses taken during the fall semester at East Los Angeles College related to her position with the City. It was moved by Davis, seconded by Ybarra, that Blanca E. Rubio, Personnel Clerk, in the Risk Management/ Personnel Department, be reimbursed $350.74 from the Education and Training Appropriation Account. Motion carried. Chris A. Lund, be hired as Electronics Technician, Step 5, assigned to the Light & Power Department with a monthly salary of $4,369, effective February 17, 1998, contingent upon satisfactory completion of a job -related physical. (Deferred from Personnel Committee Meeting held February 2, 1998.) It was moved by Ybarra, seconded by Davis, that this action be removed from the agenda and that no further action be taken with regard to Mr. Lund or to filling the position of Electronics Technician. Motion carried. Maria Jovita Gonzalez, be hired as Transcriber/ Typist, Step 10, assigned to the Police Department, effective February 23, 1998, contingent upon satisfactory completion of a job -related physical. It was moved by Davis, seconded by Gonzales, that Maria Jovita Gonzalez be hired as Transcriber/Typist, Step 10, assigned to the Police Department, effective February 23, 1998, contingent upon satisfactory completion of a job -related physical. Motion carried. Walter E. Clark, be hired as part-time temporary Computer Assistant, assigned to the Light & Power Department, with a hourly wage of $11.25, effective February 18, 1998, contingent upon his satisfactory completion of a job -related physical. It was moved by Ybarra, seconded by Davis, that Walter E. Clark be hired as part-time temporary employee, in the Light & Power Department, with an hourly wage comparable to a Computer Assistant, effective February 18, 1998, contingent upon satisfactory completion of a job -related physical. Motion carried. City Council Meeting Minutes February 17, 1998 Page 8 Kevin Wilson, Director of Community Services & Water, addressed the Council and summarized the following matter pertaining to NI Industries, Inc. Mr. Wilson also submitted a memorandum dated February 17, 1998, which amends Condition "b" listed below and advises that Condition "d" listed herein be deleted and Condition "e" changed to "T. Communication from Bruce V. Malkenhorst, City Clerk, dated February 11, 1998, was presented, advising that NI Industries, Inc., is requesting a variance from the Uniform Building Code ("UBC") 1994 Edition, Section 1003.4, limitation of the distance of travel to exits to 200 feet in a building equipped with an automatic sprinkler system throughout. This for their property at 5215 Boyle Avenue. Due to the size of the existing building, which they refer to as Building 2, they are requesting a Variance to allow an increase in the allowable distance of travel to an exit from 200 to approximately 400 feet. The UBC 1997 Edition has approved an increase in the allowable distance to exits to 400 feet for Group F occupancies equipped with automatic sprinklers throughout and provided with smoke and heat ventilation as required by Section 906. The building is an existing 160,000 square foot Group F occupancy. The building was constructed prior to the building code requirements that limited the distance of travel to an exit to 200 feet. They have done some minor remodeling of the existing office area and are planning to add additional exits from the building. The reason for this variance request is because of a new occupant in the building. This has been reviewed by the Director of Community Services who concurs with the UBC 1997 Edition Update, and it is hereby recommended that a variance be granted to NI Industries, Inc., allowing the travel distance to be increased from 200 to 400 feet with the following conditions: a. NI Industries, Inc. shall install exit doors in accordance with the 1997 UBC. b. If the State of California amends the provisions of the 1997 UBC in regards to exiting requirements for refrigerated rooms then NI Industries, Inc., shall bring the building into compliance with said amendments. C. NI Industries, Inc., shall provide smoke and heat ventilation as required by Section 906 of the 1994 UBC. d. NI Industries, Inc. shall provide court yard protection from the southeast exit door to the east end of the building in accordance with Section 906 of the 1994 UBC. e. NI Industries, Inc., shall provide court yard protection from the southeast exit door to the east end of the building in accordance with Section 1010 of the UBC, 1994 Edition. A Staff Report is attached. If the variance is granted, no additional hazards will be introduced in the area. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk, dated February 11, 1998, and the memo from the Director of Community Services & Water, dated February 17, 1998, be received and filed, and that the variance be granted with the condition and changes thereto, which are referenced below: City Council Meeting Minutes Page 9 February 17, 1998 a. NI Industries, Inc. shall install exit doors in accordance with the 1997 UBC. b. If the State of California amends the provisions of the 1997 UBC in regards to exiting requirements then NI Industries, Inc., shall bring the building into compliance with said amendments. C. NI Industries, Inc., shall provide smoke and heat ventilation as required by Section 906 of the 1994 UBC. d. NI Industries, Inc., shall provide court yard protection from the southeast exit door to the east end of the building in accordance with Section 1010 of the UBC, 1994 Edition. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 11, 1998, was presented, recommending approval to enter into an agreement with MCI for services associated with the Independent System Operator (ISO). This service is an ISO requirement. The estimated cost for the five-year lease, which includes equipment, service and maintenance is $80,000. This has been reviewed by the Director of Light & Power, and it is hereby recommended that we enter into an agreement with MCI for a five- year lease, contingent upon the City Attorney's approval of said lease, at an approximate cost of $80,000, which includes equipment, service and maintenance. It was moved by McCormick, seconded by Ybarra, that the City purchase necessary equipment estimated at $200 and authorize the Light & Power Department to obtain a lease agreement from MCI for the City Attorney's review and approval. Said lease would be for telecommunications relating to the ISO and the equipment, service and maintenance. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 11, 1998, was presented, transmitting the minutes of the Finance Committee meeting held February 10, 1998, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the minutes of the Finance Committee Meeting held February 10, 1998, be approved as submitted and adopted. Motion carried. RESOLUTION NO. 7091 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: Community Services, City Administrator/City Clerk (Health/Finance), Fire, Light & Power, and Police, Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7091 be approved and adopted. Motion carried. RESOLUTION NO. 7092 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6921 Which Approved the Annual Statement of Investment Policy of the City and Delegated Investment Authority to the City Treasurer, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7092 be approved and adopted. Motion carried. City Council Meeting Minutes Page 10 February 17, 1998 RESOLUTION NO. 7093 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement with MCI Telecommunications Corporation for Telecommunications Services. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7093 be deferred to a later date. Motion carried. WARRANT REGISTER NO. 983 covering claims and demands presented during the period of January 30 thru February 11, 1998, drawn on Wells Fargo Bank totaling $310,416.27, which includes Demand Numbers 65384 thru 65575 (inclusive), excluding Light & Power Demands and Void Demands as listed below (accounting period February, 1998) was examined and audited: 65435 65439 65440 65441 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 983 be approved and payment authorized for claims and demands totaling $310,416.27, excluding Light & Power Demands and Void Demands as listed above. Motion carried. WARRANT REGISTER NO. 983 covering claims and demands presented during the period of January 30 thru February 11, 1998, drawn on Wells Fargo Bank totaling $1,026,452.61, which includes Light & Power Demand Numbers as listed below (accounting period February, 1998) was examined and audited: 65387 65410 65436 65461 65492 65508 65551 65575 65390 65413 65437 65465 65494 65510 65552 65395 65414 65438 65469 65497 65528 65561 65400 65416 65443 65474 65499 65529 65567 65401 65419 65449 65480 65502 65540 65568 65407 65434 65459 65482 65504 65542 65573 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 983 be approved and payment authorized for Light & power claims and demands totaling $1,026,452.61. 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. Motion carried. PAYROLL WARRANT REGISTER NO. 500 covering claims and demands presented during the period of December 7, 1997 thru January 17, 1998, drawn on Wells Fargo Bank totaling $2,478,727.27, which includes Demand Numbers 5618 thru 5673 (inclusive) (accounting period January, 1998) was examined and audited. It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 500 be approved.and payment authorized for claims and demand totaling $2,478,727.27. Motion carried. The Mayor called a recess at 5:55 p.m. The Council reconvened in regular session at 6:00 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Gonzales, that Council go into Closed Session, Item No. 1, the time being 6:00 p.m. City Council Meeting Minutes Page 11 February 17, 1998 All persons were excluded from Closed Session except the City Clerk, Chief Deputy City Clerk, City Attorney, Fire Chief and Battalion Chief Wilson. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE The Fire Chief and Battalion Chief were excused at 6:05 p.m. It was moved by Ybarra, seconded by McCormick, that the City Council go out of Closed Session pertaining to Item No. 1, the time being 6:05 p.m. Motion carried. It was moved by Davis, seconded by Gonzales, that the City Council go into Closed Session, Item Nos. 2, 3 and 4, the time being 6:06 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, and Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) City of Vernon vs Central Basin Municipal Water District, LASC No. BC 121124; 2CIV B101606; (b) City of Vernon vs, Central Basin etc Zastrow. et al., LASC No. BC 130693; (c) City of South Gate et al vs City of Los Angeles. et al., LASC No. BC 129447; 2CIV B100019; Supreme Court No. 5057753; (d) City of Vernon v. Board of Harbor Commissioners of the City of Lona Beach et al., LASC Case No. BC 158591; 2CIV B112374 (Pier T) (e) The City of Vernon v The Atchison Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (f) Johnson & Vincent v Vernon, LASC BS 039646; (g) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open Access); (h) FERC Docket Nos. ER97-2355, EC96-19-000, ER96-1633 and EL96-48 (Restructuring); U City Council Meeting Minutes February 17, 1998 Page 12 (i) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (j) City of Orange, et. al v Alabama Treasury et. al., LASC Case No. BC 106461; (k) TOMCO Auto Products Inc v Vernon, Norwalk Superior Court No. VCO23838; (1) Commerce v. Vernon/Innovative Waste, LASC. No. BC 179283 (m) Watson Land Comply v. ACTA, LASC No. BC 181991; (n) Alex Mendrin (Al's Plastics) v City of Vernon; Norwalk Superior Court No. VC 025592; (o) Scottsdale Insurance Company et al V. Vernon; Norwalk Superior Court No. VC 025888; (p) James Raabe v. Vernon, WC Nos. 91-VNO-0232212, VNO-336707, VNO-218463, and VNO-336708. (q) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95 LIABILITY CLAIMS Claimant: Vincent Washington Agency claimed against: City of Vernon Claimant: Kenneth P. Jackson Agency claimed against: City of Vernon 4. With respect to every item of business to be discussed in closed session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation: two (2) potential cases It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:15 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, to accept the "Release of All Claims" from Vincent Washington and settle the claim in the amount of $985. Motion carried. It was moved by McCormick, seconded by Gonzales, to deny the claim of Kenneth P. Jackson. Motion carried. It was moved by Ybarra, seconded by Davis, that the City Administrator is hereby authorized to sign the Release of All Claims for Property Damage Only in the sum of $727.89 submitted by California State Automobile Association Inter - Insurance Bureau on behalf of its insured Alfred Babayan. Motion carried. City Council Meeting Minutes Page 13 February 17, 1998 It was moved by Gonzales, seconded by McCormick, that the City Attorney's actions in intervening in FERC Docket No. DR98-41-000 (Southern California Edison Company) are hereby ratified. 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. It was moved by Ybarra, seconded by Davis, to approve the discipline pertaining to the Fire Captain as recommended by the City Administrator. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. r eonis C. Malb rg Mayor ATTEST: Bruce V. Malkenhorst City Clerk