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19980728 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 28, 1998 5:00 PM 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: The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis that the Minutes of the Adjourned City Council Meeting held June 23, 1998, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Adjourned City Council Meeting held June 25, 1998, be approved as submitted and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held July 7, 1998, be approved as submitted and adopted. Motion carried. It was moved by Davis, seconded by McCormick, that the Minutes of an Adjourned Regular City Council Meeting held July 14, 1998, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated July 23, 1998, was presented, advising that the following Utilities Personnel have been selected to receive the Utilities Department's ANNUAL LEVEL I SPIRITS AWARD based on their superior performance during the transition period from October 1997 through June 1998. * Joseph E. Binstein, Systems Coordinator I * Jeffrey G. Coburn, Systems Coordinator I * Carlos R. Fandino, Systems Supervisor * Robert Valenzuela, Systems Coordinator I The Mayor presented Perfect Attendance Awards to the following employees and extended congratulations on behalf of the entire City Council. Date of Hire Employee Award 06-26-95 Gustavo Alvarran Police Officer 3 Years 09-18-89 Jeffrey Graves Firefighter 3 Years 04-22-80 Steven Towles Lieutenant 3 Years 06-28-89 Carol Dacey Cust. Serv.& Inf. Sys. Mgr. 4 Years 04-28-85 Donald Quiroz Maintenance Technician 4 Years 06-01-94 John Salomon Inf. Syst. Specialist 4 Years 04-04-82 Richard Lucas Senior Bldg. Inspector 5 Years 06-11-90 Chris Romero Administrative Aide 5 Years 03-16-86 Robert Martinez Utilityman 6 Years 04-27-88 Solomon Benudiz Captain 7 Years 08-17-87 Michael Wilson Battalion Chief 7 Years 09-03-85 David Zapien Police Officer 7 Years 08-30-87 Juan Arellano Utilityman 8 Years 03-26-84 Theresa Nicholas Asst. Records Manager 8 Years 04-01-84 Gary Sawyer Utilityman 8 Years 02-01-70 Dan Simon Fire Captain 8 Years 02-21-82 Joe Cervantes Utilityman 9 Years 06-26-89 Mark Whitworth Fire Captain 9 Years 12-21-87 Victor Trujillo Utilityman 10 Years 12-16-60 Richard Wiles Battalion Chief 11 Years City Council Minutes July 28, 1998 The Mayor called a short recess, the time being 5:16 p.m. Council reconvened at 5:20 p.m. All members present before the recess, again being present. Police Department Activity Log for the period July 1st thru July 15th, 1998, was presented. It was moved by Ybarra, seconded by Gonzales, that the Police Department Activity Log for the period July 1st thru July 15th , be received and filed. Motion carried. Fire Department Activity Report for the period July 1st thru July 15th , 1998, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period July 1st thru July 15th, 1998, be received and filed. Motion carried. Health Department Report for month of June, 1998, was presented. It was moved by Davis, seconded by Gonzales, that the Health Department Report for the month of June, 1998, be received and filed. Motion carried. Risk Management Report for the month of June, 1998, was presented. It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of June, 1998 be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the Council on any matter listed 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 Council at this time. There was no one wishing to address the City Council at this time. Communication from Joseph N. Smith, Director of the Department of Military and Veterans Affairs, was presented, reminding the City of Vernon that Public Law 104-19, Section 2005, established July 27th as "National Korean War Veterans Armistice Day" each year until the year 2003. The law further authorizes the issue of a Presidential proclamation, requiring the flying of the American Flag at half staff on Federal property, and urges the people of the United States to observe the day with appropriate ceremonies and activities to honor the Americans who died as a result of service in Korea. It was moved by Ybarra, seconded by Davis, that the Proclamation Communication from Joseph N. Smith, Director of the Department of Military and Veterans Affairs, be received and filed. Motion carried. A Proclamation of the Mayor and the City Council of the City of Vernon Declaring July 27th of Each Year Until the Year 2003 As "National Korean War Veterans Armistice Day." It was moved by Ybarra, seconded by Davis, that the Proclamation be approved. Motion carried. Page 2 of 14 City Council Minutes July 28, 1998 Communication from Bruce V. Malkenhorst, dated June 17, 1998, was presented, requesting authority and funds for Claudia Aguilar, Secretary, to attend the Writing that Works on August 13, 1998 at the Sheraton Cerritos Hotel, Cerritos with a total expense allowance of $169.00. It was moved by Gonzales, seconded by McCormick, that authority be granted for Claudia Aguilar to attend the afore- mentioned seminar with an expense allowance of $169.00. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated June 24, 1998, was presented, requesting authority and funds for Leonard Grossberg, Environmental Specialist to attend the Annual Solid Waste Enforcement Agency Conference on August 19th thru August 21st at Granlibakken, with a total expense allowance of $539.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Leonard Grossberg to attend the afore- mentioned conference with a total expense allowance of $539.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 8, 1998, was presented, requesting authority and funds for Police Officers listed below to attend the Firearms/Driving Simulator on August 26, 1998 at West Covina, with a total expense allowance of $154.36 each. * David Cheng * Giovany Aguilar * Scott Shonts * Javier Aguilar It was moved by Gonzales, seconded by McCormick, that authority be granted for the above -listed personnel to attend the Firearms/Driving Simulator seminar with a total expense allowance of $154.36 each. Motion carried. Communication from Dave Telford, Fire Chief, dated July 15, 1998, was presented, requesting authority and funds for Captain William Niesley to attend the Hazardous Materials Transportation Accidents Seminar on August 18th thru August 19th at Las Vegas, NV., with a total expense allowance of $729.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Captain William Niesley to attend the aforementioned seminar with a total expense allowance of $729.00. Motion carried. Communication from Dave Telford, Fire Chief, dated July 22, 1998, was presented, requesting authority and funds for Firefighter Jeff Wilson to attend the Hazmat Technician - Module 1A on August 3rd thru 7th at Mobil Oil Fire Dept. with a total expense allowance of $250.00. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Firefighter Jeff Wilson to attend the Hazmat Technician - Module 1A Seminar with a total expense allowance of $250.00. Motion carried. Communication from Dave Telford, Fire Chief, dated July 22, 1998, was presented, requesting authority and funds for Firefighter Jeff Wilson to attend the Hazmat Technician - Module 1-B on August loth thru 14th at Mobil Oil Fire Dept. with a total expense allowance of $250.00. Page 3 of 14 City Council Minutes July 28, 1998 It was moved by Gonzales, seconded by Ybarra, that authority be granted for Firefighter Jeff Wilson to attend the Hazmat Technician - Module 1-B with a total expense allowance of $250.00. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities, was presented, dated July 22, 1998 requesting authority and funds for the Utilities' personnel listed below to attend the Electrical Safety Requirements and Procedures Seminar on August 12th and 13th at Los Angeles, CA with a total expense allowance of $595.00 each. * Matthew Daniels, Electronics Technician * Manuel G. Garcia, Systems Manager It was moved by McCormick, seconded by Davis, that authority be granted for the above -mentioned personnel to attend the Electrical Safety Requirements and Procedures Seminar with a total expense of $595.00 each. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, was presented, dated July 9, 1998, transmitting for consideration, two (2) fully executed Grant Deeds from David V. Karney Trust for portions of property situated at: the southeast corner of 50th Street and Loma Vista Avenue (approximately 95 square feet) and the northeast corner of Fruitland Avenue and Loma Vista Avenue (approximately 219 square feet). The properties will be used for street purposes and it is recommended that they be accepted, the Certificates of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same. It was moved by McCormick, seconded by Davis, that the two (2) Grant Deeds from David V. Karney Trust, be accepted, the Certificates of Acceptance, and the Mayor and City Clerk be authorized to sign. Motion carried. The City Attorney advised that the following two Resolutions should be deferred. RESOLUTION NO. 7110 - A Resolution of the City Council of the City of Vernon Requesting the Local Agency Formation Commission to take Proceedings for the Reorganization of Territory (Annexation to the City of Vernon from the City of Bell). (Deferred from City Council Meeting held July 7, 1998.) RESOLUTION NO. 7111 - a Resolution of the City Council of the City of Vernon Approving an Exchange of Property Taxes for the Annexation to the City of Vernon of approximately 58 Acres Currently Within the Boundaries of the City of Bell. (Deferred from City Council Meeting held July 7, 1998.) It was moved by Ybarra, seconded by McCormick, that Resolution Nos. 7110 and 7111 be deferred to a later meeting. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, was presented, dated July 21, 1998, transmitting the Agenda for the Personnel Committee Meeting to be held July 27, 1998 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the Agenda for the Personnel Committee Meeting to be held July 27, 1998, and the recommendations therein, be approved as submitted. Motion carried. Page 4 of 14 City Council Minutes July 28, 1998 Communication from Bruce V. Malkenhorst, Director of Finance, was presented, dated July 22, 1998, transmitting the Minutes of the Finance Committee meetings held July 14' and July 20th for approval of the recommendations contained therein. It was moved by Ybarra, seconded by McCormick, that the Minutes of the Finance Committee meetings held July 141h and July 20th be approved as submitted and adopted. Motion carried. RESOLUTION NO. 7193 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Mandatory Retirement Age of Sixty -Five (65) for All City of Vernon Firefighters was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7193 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated, July 23, 1998, was presented, advising the City entered into individual agreements in June of 1995 with Mr. Eddie Saenz and Ms. Anita Aviles, a taxpayer in Long Beach, regarding their participation in the ACTA lawsuit. The City Attorney's office has advised the taxpayers that their agreements will be formally terminated due to the finalization of the ACTA lawsuit. It is hereby recommended that the aforementioned agreements be terminated. It was moved by McCormick, seconded by Gonzales, that the aforementioned agreements be terminated. Motion carried. RESOLUTION NO. 7184 - A Resolution of the City Council of the City of Vernon Approving the Termination of the Agreement to Join in Litigation Entered into Between the City of Vernon and Anita Aviles on June 20, 1995 was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7184 be approved and adopted. Motion carried. RESOLUTION NO. 7185 - A Resolution of the City Council of the City of Vernon Approving the Termination of the Agreement to Join in Litigation Entered into Between the City of Vernon and Eddie Saenz on June 6, 1995 was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7185 be approved and adopted. Motion carried. RESOLUTION NO. 7186 - A Resolution of the City Council of the City of Vernon Authorizing the Termination of the Agreement to Form Association to Conduct Litigation was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7186 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated July 23, 1998, was presented, transmitting the Agenda for the Finance Committee Meeting to be held July 27, 1998 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the Agenda for the Finance Committee Meeting to be held July 27, 1998, and the recommendations contained therein, be approved as submitted. Motion carried. Page 5 of 14 City Council Minutes July 28, 1998 RESOLUTION NO. 7190 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Electric System Maintenance Agreement By and Between the City of Vernon and RMI Utility Services was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7190 be approved and adopted. Motion carried. RESOLUTION NO. 7187 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 5379, by Authorizing the Police Chief to Destroy Certain Personnel Files for Police Department Employees who are no Longer Employed by the City of Vernon was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7187 be approved and adopted. Motion carried. RESOLUTION NO. 7188 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6138, by Expressly Prohibiting the Destruction of Documents which are Pertinent to any Current Claim Against the City, any Pending or On -going Litigation, or any Other Documents Expressly Required to be Maintained Under Government Code Section 34090 was presented. It was moved by McCormick, seconded by Davis that Resolution No. 7188 be approved and adopted. Motion carried. RESOLUTION NO. 7189 - 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 (Risk Management/Personnel), Fire, and Police, Pursuant to Section 2.31 of the Vernon City Code was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7189 be approved and adopted. Motion carried. RESOLUTION NO. 7191 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Construct Transit Advertising Shelters By and Between the City of Vernon and Raymar Productions was presented. It was moved Gonzales, seconded by Davis, that Resolution No. 7191 be approved and adopted. Motion carried. Communication from Bruce dated July 14, 1998, was presented, Attorney's office has been working o City Code. Chapter 12 A of the code Inscribed Material." This portion o Community Services Department. V. Malkenhorst, City Clerk, advising that the City n a reorganization of the is entitled "Graffiti and f the Code is enforced by the It is hereby recommended that Chapter 12 A be made Article IV of Chapter 27. By moving it to Chapter 27, it will consolidate all of the code sections that the Community Services & Water Department are responsible for enforcing into Chapters 21 thru 28. It was moved by Ybarra, seconded by McCormick, that Chapter 12 A, be made Article IV of Chapter 27, of the City Code. Motion carried. Page 6 of 14 City Council Minutes July 28, 1998 ORDINANCE NO. 1064 - An Ordinance of the City Council of the City of Vernon Amending Chapter 27 of the Code of the City of Vernon to Consolidate, Amend, and Reorganize Provisions Pertaining to Graffiti and Inscribed Material and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith (FIRST READING), was presented It was moved by Gonzales, seconded by Davis, that Ordinance No. 1064 be approved for a first reading. Motion carried. The City Clerk announced that now was the time to open the Public Hearing to consider a request from Dependable Highway for a Conditional Use Permit to operate a trucking and freight terminal at 2626 26th Street, Vernon. It was moved by Ybarra, seconded by Davis, to open the Public Hearing pertaining to the request from Dependable Highway Express, Inc. for a Conditional Use Permit to operate a trucking and freight terminal at 2626 26th Street, Vernon, the time being 5:34 p.m. Motion carried. Mr. Brian Adel, Civil Engineer, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services & Water, dated July 20, 1998, was presented, advising that Dependable Highway Express has applied for a conditional use permit to operate a trucking and freight terminal at 2626 26th Street. Transmitted herewith for your consideration are the following supporting documents. 1. Staff Report. 2. Request for conditional use permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. Staff has found that the project is categorically exempt from the California Environmental Quality Act because it is an existing facility with no expansion of use as defined in Section 15301. A Notice of Exemption will be prepared. In my opinion the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment. The project is consistent with the General Plan as adopted by the City of Vernon. determine: It is hereby recommended that the City Council 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. Page 7 of 14 City Council Minutes July 28, 1998 It is also recommended that the conditional use permit be granted subject to the following conditions: a. The facility shall be operated in accordance with, and made to conform with all current codes, rules, regulations and subject to permit fees as adopted by the City of Vernon. All trucking operations, including truck and trailer parking, shall be limited to the lot located at 2626 26th Street in the City of Vernon. b. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash, and weeds. Where parking or maneuvering areas adjoin the public street a barrier wall or landscaping shall be installed and maintained to meet City standards. Adequate on -site parking shall be maintained so that parking on the street does not occur. C. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. d. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources, if required. e. No equipment or freight shall be stored on the site other than in buildings, trailers, or on the docks. f. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. g. All required federal, state, local, and regulatory agency permits shall be obtained prior to operation. Prior to occupancy a business license and occupancy permit shall be obtained. h. A hazardous materials inventory and business/contingency plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/waste shall be handled and managed in compliance with all appropriate federal, state, and local laws. i. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal service. j. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. k. The facility shall be operated in a manner which will not impede traffic on 26' Street. 1. All existing cracked sidewalk, curb, and gutter adjacent to the site in 26th Street shall be repaired and maintained to meet City Standards. Page 8 of 14 City Council Minutes July 28, 1998 M. The site shall not generate more than 50 truck trips (25 inbound and 25 outbound) and 36 automobile trips (18 inbound and 18 outbound) per day. n. If hazardous waste will be accumulated and disposed of from the site, the applicant must obtain an EPA ID number from the California Department of Toxic Substances Control. o. A hazardous materials closure report is required from the previous occupant before the Environmental Health Department will approve the new Certificate of Occupancy. p. Trucks shall only access the site at 2626 26th Street from driveways that have direct access to the facility. Mayor asked if the City Council had any questions or comments. There were none. Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. There were no questions or comments from the audience. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the request from Dependable Highway Express for a Conditional Use Permit to operate a trucking and freight terminal at 2626 26th Street, Vernon, the time being 5:36 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the Director of Community Services & Water dated July 20, 1998, and all supporting documents submitted as evidence during the Public Hearing, be received and filed. Motion carried. It was moved by Ybarra, seconded by McCormick, that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Davis, seconded by McCormick, that the project will not have a significant effect on the environment. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the project will not individually or cumulatively have an adverse effect on wildlife resources and that the conditional use permit be granted subject to conditions listed on the communication submitted during the Public Hearing. Motion carried. RESOLUTION NO. 7182 - A Resolution of the City of Vernon Granting a Conditional Use Permit to Dependable Highway Express, Inc. for the Operation of a Trucking and Freight Terminal at 2626 26th Street was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7182 be approved and adopted. Motion carried. Page 9 of 14 City Council Minutes July 28, 1998 Communication from Bruce V. Malkenhorst, City Clerk, dated July 20, 1998, was presented, advising that the Used Oil Recycling Program State Grant was authorized on March 25, 1997 by the City Council. The Environmental Health Department has been working with consultants K. J. Services and Americlean, Inc. on implementing this program during the first year. The grant is for a three year period and $5000 is allocated each year. Transmitted herewith is a proposed Agreement with K. J. Services to continue to assist us in implementing the Used Oil Program for Fiscal Year 1998-99. This has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the above -mentioned agreement be approved and executed. Motion carried. RESOLUTION NO. 7183 - A Resolution of the City Council of the City of Vernon approving and Authorizing the Execution of an Agreement for Consulting Services By and Between the City of Vernon and K. J. Services Relating to Vernon's Used Oil Block Grant for 1998-1999 Grant Year, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7183 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 22, 1998, was presented, for review and approval of the acceptance of the Mead -Phoenix Project License from the United States Department of Energy, Western Area Power Administration (Western) to the Project owners granting said owners a License covering the rights -of -way acquired by Western for the Project through September 30, 1995. The License has been reviewed by the City Attorney. It was moved by Gonzales, seconded by McCormick that the aforementioned communication be received and approved for the acceptance of the Mead -Phoenix Project License. Motion carried. RESOLUTION NO. 7192 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Mead -Phoenix Project License Among the United States Department of Energy, Western Area Power Administration, Southern California Public Power Authority, City of Vernon, M-S- R-Public Power Agency, Arizona Public Service Company, and Salt River Project Agricultural Improvement and Power District was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7192 be approved and adopted. Motion carried. WARRANT REGISTER No. 993 covering claims and demands presented during the period of July 2, 1998 thru July 23, 1998, drawn on Wells Fargo Bank totaling $779,135.64, which includes Demand Nos. 67665 thru 67821 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period June, paid in July, 1998), was presented: 67702 67705 67706 67707 67708 67740 67787 It was moved by McCormick, seconded by Davis, that Warrant Register No. 993 be approved and payment authorized for claims and demands totaling $779,135.64, excluding Light and Power Demands and Void Demands as listed above. Motion carried. Page 10 of 14 City Council Minutes July 28, 1998 WARRANT REGISTER No. 993 covering claims and demands presented during the period of July 2, 1998 thru July 23, 1998, drawn on Wells Fargo Bank totaling $1,006,116.27, which includes Light and Power Demand Nos. As listed below (accounting period June, paid in July, 1998), was presented: 67666 67667 67676 67677 67683 67684 67685 67686 67688 67689 67690 67691 67692 67693 67694 67699 67701 67703 67704 67710 67715 67716 67730 67731 67735 67736 67741 67743 67744 67748 67761 67765 67767 67768 67769 67771 67773 67781 67783 67790 67793 67799 67801 67802 67813 67815 67821 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 993 be approved and payment authorized for Light and Power claims and demands totaling $1,006.116.27. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonable foreseeable that the decision may have a material financial effect on his source of income. Motion carried. PAYROLL WARRANT REGISTER No. 505 covering claims and demands presented during the period of May 10, 1998 thru June 6, 1998, drawn on Wells Fargo Bank totaling $1,662,318.45 which includes Demand Nos. 5801 thru 5829 (inclusive) (accounting period June, 1998), was presented. It was moved McCormick, seconded by Gonzales, that Warrant Register No. 505 be approved and payment authorized for claims and demands totaling $1,662,318.45. Motion carried. WARRANT REGISTER No. 994 covering claims and demands presented during the period of July 2, 1998 thru July 23, 1998, drawn on Wells Fargo Bank totaling $419,429.52, which includes Demand Nos. 67589 thru 67916 (inclusive), excluding the Utility Demands and Void Demands as listed below (accounting period July, 1998), was presented: 67630 67646 67647 67648 67649 67650 67651 67652 67653 67654 67655 67656 67657 67658 67659 67660 67661 67662 67663 67664 67822 67823 67824 67825 67826 67902 67903 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 994 be approved and payment authorized for claims and demands totaling $419,429.52, excluding Utility and Void Demands as listed above. Motion carried. Page 11 of 14 City Council Minutes July 28, 1998 WARRANT REGISTER No. 994 covering claims and demands presented during the period of July 2, 1998 thru July 23, 1998, drawn on Wells Fargo Bank totaling $902,442.10, which includes Utility Demand Nos. as listed below (accounting period July, 1998), was presented: 67592 67627 67628 67629 67631 67635 67636 67839 67841 67851 67855 67857 67868 67870 67874 67890 67895 67898 67904 67911 It was moved McCormick, seconded by Ybarra, that Warrant Register No. 994 be approved and payment authorized for Utility claims and demands totaling $902,442.10, which includes Demand Nos. as listed above. 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. The Mayor called a recess at 5:49 p.m. The Council reconvened in regular session at 5:55 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Davis, that Council go into Closed Session, Item No. 1, the time being 5:56 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, Civil Engineer, Chief Deputy City Clerk, and Utilityman. 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 Utilityman was excused at 5:57 p.m. The Civil Engineer was excused at 5:58 p.m. It was moved by Gonzales, seconded by Davis, that the City Council go out of Closed Session pertaining to Item No. 1, the time being 5:58 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council go into Closed Session, Item Nos. 2 and 3, the time being 5:58 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, and the Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. Page 12 of 14 City Council Minutes July 28, 1998 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, etc., Zastrow, et al. LASC No. BC 130693; (b) City of Vernon v. Board of Harbor Commissioners of the City Of Long Beach, et al., LASC Case No. BC 158591; 2CIV B112374 (Pier T) (c) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (d) Johnson & Vincent v. Vernon, LASC BS 039646; (e) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open access); (f) FERC Docket Nos. ER97-2355, EC96-19-000, ER96- 16,33 and EL96-48 (Restructuring); (g) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (h) Alex Mendrin (Al's Plastics) v. City of Vernon; Norwalk Superior Court No. VC 025592 consolidated with Scottsdale Insurance Company, et al, v. Vernon; Norwalk Superior Court No. VC 025888; (i) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned (j) South Coast Air Quality Management District (AQMD) Case No. 4957-1; (k) Kevin R. Cluse, et al v. Vernon, et al., Norwalk Superior Court No. VC 025634; (1) City of Vernon v. All Persons Interested in the Matter of the Validity of City of Vernon Ordinance No. 1057, etc., Los Angeles Superior Court No. BC 190791; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: DEBRA RHYME Agency claimed against: City of Vernon Claimant: CONRAD CETINA Agency claimed against: City of Vernon Claimant: Eleco Inc. Agency claimed against: City of Vernon Claimant: Mauro Trujillo Agency claimed against: City of Vernon Page 13 of 14 City Council Minutes July 28, 1998 It was moved by Ybarra, seconded by McCormick, that the Committee go out of Closed Session and resume regular session, the time being 6:03 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that disciplinary action for Utilityman be approved as recommended. Motion carried. It was moved by McCormick, seconded by Davis, that the claim from Debra Rhyme be denied. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the claim from Conrad Cetina be denied. Motion carried. It was moved by Davis, seconded Ybarra, that the claim from Eleco Inc. be denied. It was moved by Gonzales, seconded by McCormick, to accept and settle the claim of Mauro Trujillo in the amount of $466.84. 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. ATTEST: Bruce V. Malkenhorst City Clerk / �(Leonis C . Malj6urg Mayor Page 14 of 14