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19990126 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 26, 1999 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: 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 5, 1999, be approved as submitted and adopted. Motion carried. RESOLUTION NO. 7255 - A Resolution of the City Council of the City of Vernon Commending Howard Stubbins for His Many Years of Service to the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7255 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 12, 1999, was presented advising that Lieutenant Steve Towles was selected to receive a 1998 Level II SPIRITS Award for his superior performance, and it is hereby recommended that Lieutenant Towles be awarded the Police Department's Level II SPIRITS Award for the year 1998. The Mayor presented an engraved plaque to Lieutenant Towles and extended congratulations on behalf of the entire City Council. Communication from Bruce V. Malkenhorst, City Clerk, dated January 20, 1999, was presented advising that Carlos R. Fandino, Systems Supervisor in the Utilities Department, was selected to receive a 1998 Level II SPIRITS Award for his superior performance, and it is hereby recommended that Mr. Fandino be awarded the Utilities Department Level II SPIRITS Award for the year 1998. The Mayor presented an engraved plaque to Mr. Fandino and extended congratulations on behalf of the entire City Council. Communication from Bruce V. Malkenhorst, City Clerk, dated January 20, 1999, was presented advising that Elizabeth Quaranta, Environmental Health Specialist in the Health Department, was selected to receive a 1998 Level II SPIRITS Award for her superior_ performance during the past year, and it is hereby recommended that Ms. Quaranta be awarded the City Administrator's Department Level II SPIRITS Award for the year 1998. The Mayor presented an engraved plaque to Ms. Quaranta and extended congratulations on behalf of the entire City Council. City Council Minutes January 26, 1999 Communication from Bruce V. Malkenhorst, City Clerk, dated January 19, 1999, 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: Date of Hire Employee Award 11-02-92 Daniel Armellini Firefighter 4 Years 02/26/90 Michael Rogers Fire Engineer 4 Years 01/07/91 Jeffrey James Firefighter 5 Years 06/02/80 James Wohlt Lieutenant 5 Years The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their Perfect Attendance Awards were accepted by their respective department head: 12/11/94 Carlos Guidino Utilityman 4 Years 06/26/89 Rory Moore Firefighter 5 Years 02/26/90 Steven Coster Firefighter 7 Years 11/08/89 Frank Saldana Utilityman 9 Years 01/18/87 David Soto Utilityman 9 Years The Mayor called a short recess, the time being 5:11 p.m. Council reconvened at 5:15 p.m. Police Department Activity Log for the period January 19` thru 15`h, 1999, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period January 19` thru 15`h, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period January 19` thru 15`h1 1999, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period January 1$` thru 15"', 1999, be received and filed. Motion carried. Health Department Report for the month of December, 1998, was presented. It was moved by McCormick, seconded by Davis, that the Health Department Report for the month of December, 1998, be received and filed. Motion carried. Risk Management Report for the month of December, 1998, was presented. It was moved by Gonzales, seconded by Ybarra, that the Risk Management Report for the month of December, 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 Council at this time. Joseph Pac, of Pacific Bell, introduced Ignacio Delatorre, his replacement for this area. City Council Minutes January 26, 1999 The City Clerk announced that now was the time to continue the Public Hearing to consider a request from D & D Real Estate, LLC., for a Variance to utilize eleven non -conforming truck loading spaces at 3311 Slauson Avenue, Vernon. It was moved by Davis, seconded by Ybarra, to re- start the Public Hearing pertaining to the request from D & D Real Estate, LLC., for a Variance, the time being 5:16 p.m. Motion Carried. Kevin Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized this matter for them. Communication from Bruce V. Malkenhorst, City Clerk dated January 21, 1999, was presented advising that D & D Real Estate, L. L. C. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards, to allow the use of non -conforming truck loading spaces, for the property located at 3311 Slauson Avenue in the City of Vernon. They are proposing to construct a 63,172 square foot building of which 53,922 square feet is for manufacturing and 9,250 square feet is for office space. The building will have eight conforming truck loading spaces, as required by the Comprehensive Zoning Ordinance, and 11 non -conforming truck loading spaces. The 11 non -conforming loading spaces are an integral part of this prototype building design. D & D Real Estate, L. L. C. is proposing to subdivide the building into seven "incubator" units, designed to cater to small manufacturers. Each "incubator" unit will include one 8 foot by 20 foot truck loading space. The four remaining truck loading doors on the north side of the building are designed to allow small trucks to access the main building. Herewith is the following evidence: 1. Staff report. 2. Application for variance. 1. Notice of Intent, Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. 3. Environmental Checklist Form and Initial Study. 4. Proposed Negative Declaration It is the opinion of the Director of Community Services that the proposed operation will pose no adverse effects to the City of Vernon and it will have no significant effects on the environment, and no mitigating measures are required. The project is consistent with the General Plan as adopted by the City of Vernon. Page 3 of 14 City Council Minutes January 26, 1999 It is recommended that the City Council determine: 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 resource. It is also recommended that a Negative Declaration be adopted and that a Notice of Determination and a De Minimis Finding be filed with the County Clerk. It is recommended that the variance be granted with the following conditions: a). The number of conforming truck loading spaces on the property shall not be reduced. b). The usage of all non -conforming truck loading spaces shall be limited so that any truck parked at or using the loading space shall extend into the existing street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. c). All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. Kevin Wilson, Director of Community Services and Water, advised that condition "b" was to be changed pursuant to his communication dated January 26, 1999 and should read as follows: b). The usage of all non -conforming truck loading spaces shall be limited so that any truck parked at or using the loading spaces does not extend into the driveway or maneuvering isle used by automobiles and trucks for parking and loading. The City Attorney asked of the size of the incubator spaces. John Cataldo, Architect, responded to this and stated the incubator units were 2,000 sq. ft. The City Attorney asked what types of businesses would be moving in. John Cataldo responded to this stating that they were thinking along the lines of small equipment manufacturers, i.e., golf, sporting equipment, printing companies, etc. The Mayor asked if the City Council or anyone from the audience had any further questions or comments. The City Clerk asked about the non -conforming spaces, and if this was a new building, why couldn't they provide conforming truck loading spaces? required? The City Attorney asked how many truck spaces were Page 4 of 14 City Council Minutes January 26, 1999 Kevin Wilson, Director of Community Services and Water, advised that the Zoning Ordinance requires eight conforming truck loading spaces which they are providing. The City Clerk questioned the reason why we would allow a new building to have non -conforming spaces. The City Clerk advised that, based on the information submitted, this matter and all correspondence should be continued to the next City Council Meeting and that no further action should be taken at this time. It was moved by Gonzales, seconded by McCormick, that the Public Hearing to consider a request from D & D Real Estate, LLC., for a Variance to utilize eleven non -conforming truck loading spaces at 3311 Slauson Avenue, Vernon and all correspondence be continued to the next City Council Meeting and that no further action should be taken at this time. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 12, 1999, was presented submitting Encroachment License Agreement No. 390 with L.A. Dye and Print Works, Inc. They are requesting permission to maintain, operate, repair, and replace approximately 1896 feet of ten inch (1011) waste water pipeline, including manholes and other appurtenances under 52nd Street extending from approximately 3 feet east of centerline West Alameda Street to approximately 583 feet west of the centerline of Santa Fe Avenue. They have executed the Encroachment License Agreement, provided the required insurance, paid the issuance fee, and the first annual renewal fee. This has been reviewed by the Director of Community Services and Water and the City Attorney, and it is hereby recommended that Encroachment License Agreement No. 390 by and between the City of Vernon and L.A. Dye and Print Works, Inc., be approved. It was moved by Gonzales, seconded by Ybarra, that the Encroachment License Agreement No. 390 be approved and executed. Motion carried. RESOLUTION NO. 7260 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 390 By and Between the City of Vernon and L. A. Dye and Print Works, Inc., was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7260 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 10, 1998, was presented advising the Police Department has applied for and received a 1998 grant from the COPS MORE program amounting to $165,424.00. One of the requirements of the program is that the agency must have an Equal Employment Opportunity Plan. This plan, developed by Risk Management, has been reviewed by the Chief of Police and the City Attorney, and it is hereby recommended that Council adopt the City of Vernon Equal Employment Opportunity Plan to fulfill the requirements of the COPS MORE 1998 Award program. (Deferred from City Council Meeting held January 5, 1999.) It was moved by Ybarra, seconded by Davis, that Council adopt the City of Vernon Equal Employment Opportunity Plan. Motion carried. Page 5 of 14 City Council Minutes January 26, 1999 RESOLUTION NO. 7261 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Adoption of a City of Vernon Equal Employment Opportunity Plan, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7261 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 19, 1999, was presented advising that Police Lieutenant Don Green applied for a disability retirement and on July 1, 1996 the City received a copy of his application and a request from PERS to make a determination of Mr. Green's disability in accordance with Government Code Section 21154 and 21156. Mr. Green retired on a Service Retirement June 30, 1996, pending disability determination. According to the January 19, 1998 report of Dr. Haider, Mr. Green has Grade I Listhesis in the lower back associated with severe degenerative disc and facet disease in the bottom two levels in his lower back. In his report, Dr. Haider confirms that Mr. Green became permanent and stationary when he transferred to a supervisory position September 27, 1987. Mr. Green was able to continue working at the supervisory position until it became too painful to sit for long durations. Based on the report of Dr. Haider dated January 19, 1998, it is hereby recommended that Council approve the Industrial Disability Retirement of Don Green due to his orthopedic limitations. It was moved by McCormick, seconded by Davis, that the Industrial Disability Retirement of Don Green be approved. Motion carried. RESOLUTION NO. 7262 - A Resolution of the City Council of the City of Vernon Granting the Industrial Disability Retirement of Don W. Green, A Police Lieutenant Employed by the City of Vernon (Government Code Sections 21154 and 21156), was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7262 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 20, 1999, was presented advising that the City and the Redevelopment Agency have been utilizing the consulting services of McKinney Travers e Oncor International for Real Estate Consulting and Representation Services. At this time, it is recommended that we continue to use the services of McKinney Travers • Oncor International. Attached herewith is Amendment No. Two to the Confidential Agreement for Real Estate Consulting and Representation Services with McKinney Travers • Oncor International. This Amendment extends their original Agreement, dated August 5, 1997, with terms that their services be reviewed on a monthly basis with a termination notice of 30 days for both parties. The City Attorney's office has prepared an Amendment, and it is hereby recommended that Amendment No. Two be approved and executed. It was moved by Gonzales, seconded by Davis, that Amendment No. Two to the Confidential Agreement for Real Estate Consulting and Representation Services with McKinney Travers • Oncor International be approved and executed. Motion carried. Page 6 of 14 City Council Minutes January 26, 1999 RESOLUTION NO. 7264 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. Two to the Confidential Agreement for Real Estate Consulting and Representation Services By and Among the City of Vernon, The Redevelopment Agency of the City of Vernon and McKinney Travers 0 Oncor International, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7264 be approved and adopted. Motion carried. Mayor Malburg abstained from voting. Communication from Bruce Olson, Chief of Police, dated November 25, 1998, was presented requesting authority and funds for Sergeant Anthony Zack and Lieutenant Robert Faldetta to attend the Internal Affairs Investigation Conference at Los Gatos on February 17th thru 19th, 1999 with an expense allowance of $889.42 each of which $787.72 each will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Sergeant Anthony Zack and Lieutenant Robert Faldetta to attend the aforementioned Conference with an expense allowance of $889.42 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 7, 1998, was presented requesting authority and funds for himself to attend the California Police Chiefs Conference at Fresno on February 8th thru 11th, 1999 with an expense allowance of $711.33. It was moved by Davis, seconded by McCormick, that authority be granted for Chief of Police, Bruce Olson, to attend the aforementioned conference with an expense allowance of $711.33. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 8, 1998, was presented requesting authority and funds for Eliseo Genera, Court Officer and Benjamin Potter, Vernon Service Officer, to attend the Annual Jail Training at Riverside on February 2' & 3rd, 1999 with an expense allowance of $161.78 each of which said amount will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority be granted for Eliseo Genera, Court Officer, and Benjamin Potter, Vernon Service Officer, to attend the Annual Jail Training with an expense allowance of $161.78 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 10, 1998, was presented requesting authority and funds for Maria Cienfuegos, Dispatcher, to attend the Dispatcher Update Course at E1 Monte on February 17th thru 19th, 1999 with an expense allowance of $57.67 of which $42.72 will be reimbursed by POST. It was moved by McCormick, seconded by Davis, that authority be granted for Maria Cienfuegos, Dispatcher, to attend the Dispatcher Update Course with an expense allowance of $57.67. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 8, 1999, was presented requesting authority and funds for Sergeant Daniel Calleros to attend the Training Needs Assessment at Oxnard on February 17th thru 19th, 1999 with an expense allowance of $396.10 of which $393.40 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Sergeant Calleros to attend the Training Needs Assessment with an expense allowance of $383.40. Motion carried. Page 7 of 14 City Council Minutes January 26, 1999 Communication from Bruce Olson, Chief of Police, dated January 5, 1999, was presented requesting authority and funds for Captain Solomon Benudiz to attend the Solving the Automation Nightmare Seminar at Seaside on February 25th & 26th, 1999 with an expense allowance of $886.56. It was moved by Davis, seconded by McCormick, that authority be granted for Captain Solomon Benudiz to attend the solving the Automation Nightmare Seminar with an expense allowance of $886.56. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 20, 1999, was presented requesting authority and funds for Eliseo Genera, Court Officer, to attend the Property & Evidence Training Conference at Seaside on March 2nd to 5th, 1999 with an expense allowance of $818.12. It was moved Ybarra, seconded by McCormick, that authority be granted for Eliseo Genera, Court Officer, to attend the Property & Evidence Training Conference with an expense allowance of $812.12. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 21, 1999, was presented requesting authority and funds for Lieutenant James Wohlt to attend the Training Needs Assessment at Oxnard on February 17th to 19th, 1999 with an expense allowance of $296.20. It was moved by Davis, seconded by Gonzales, that authority be granted for Lieutenant James Wohlt to attend the Training Needs Assessment with an expense allowance of $296.20. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water dated January 4, 1999, was presented requesting authority and funds for Leo Lee, Engineering Aide to attend the Cross Connection Specialist Training Session at USC on February 13t to 5th, 1999 with an expense allowance of $700.00. It was moved by Gonzales, seconded by McCormick, that authority be granted for Leo Lee, Engineering Aide to attend the cross connection Specialist Training Session with an expense allowance of $700.00. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water dated January 11, 1999, was presented requesting authority and funds for Jerry Schreiber, Senior Electrical Inspector, to attend the Eleventh Annual Western Electrical Exposition and Conference at Anaheim Convention Center on February I't and 2nd, 1999 with an expense allowance of $464.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Jerry Schreiber, Senior Electrical Inspector, to attend the Eleventh Annual Western Electrical Exposition and Conference with an expense allowance of $464.00. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water dated January 19, 1999, was presented requesting authority and funds for Peter Pirnejad, Planning Assistant, to attend the Mitigating Environmental Impacts: Law, Policy and Practice Seminar at the World Trade Center/Los Angeles on February 18, 1999 with an expense allowance of $225.00. It was moved by McCormick, seconded by Gonzales, that authority be granted for Peter Pirnejad, Planning Assistant, to attend the aforementioned seminar with an expense allowance of $225.00. Motion carried. Page 8 of 14 City Council Minutes January 26, 1999 Communication from Bruce V. Malkenhorst, City Clerk, dated January 4, 1999, was presented requesting authority and funds for Martha Valenzuela, Office Manager -Finance Department, to attend the California Society of Municipal Finance Officers' 1999 Annual Seminar at Monterey on February 27th to March 2nd, 1999 with an expense allowance of $830.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Martha Valenzuela, Office Manager - Finance Department, to attend the aforementioned seminar with an expense allowance of $830.00. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 14, 1999, was presented requesting authority and funds for himself, Councilmen William Davis and William McCormick to attend the Independent Cities Association Winter Seminar at Santa Barbara on February 19th to 215t, 1999 with an expense allowance of $1110.50 each. It was moved by Gonzales, seconded by Ybarra, that authority be granted for the City Administrator and Councilmen William Davis and William McCormick to attend the aforementioned Seminar with expense allowance of $1110.50 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 14, 1999, was presented requesting authority and funds for himself to attend the League of California Cities City Manager's Meeting at Monterey on February 3rd to 5th, 1999 with an expense allowance of $1130.20. It was moved by McCormick, seconded by Davis, that authority be granted for the City Administrator to attend the aforementioned meeting with an expense allowance of $1130.20. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 14, 1999, was presented requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra, and Councilman William Davis, to attend the California Society of Municipal Finance Officers 1999 Annual Conference at Monterey on February h to March 2nd 27t, 1999 with an expense allowance of $947.69 each. It was moved by Gonzales, seconded by McCormick, that authority be granted for the City Clerk, Mayor Pro Tem, and Councilman William Davis, to attend the aforementioned conference with an expense allowance of $947.69 each. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health dated December 29, 1998, was presented requesting authority and funds for Brett Koontz, Environmental Health Specialist, to attend the Cross -Connection Training Course at USC, Los Angeles on February l8t to 5th, 1999 with an expense allowance of $690.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Brett Koontz, Environmental Health Specialist, to attend the aforementioned course with an expense allowance of $690.00. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health dated January 14, 1999, was presented requesting authority and funds for Elizabeth Quaranta, Environmental Health Specialist, to attend the Underground Storage Tank Workshop at the Hyatt Regency, Anaheim on February 23rd & 24th, 1999 with an expense allowance of $110.00. Page 9 of 14 City Council Minutes January 26, 1999 It was moved by Davis, seconded by McCormick, that authority be granted for Elizabeth Quaranta, Environmental Health Specialist, to attend the aforementioned workshop with an expense allowance of $110.00. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities dated January 13, 1999, was presented requesting authority and funds for Eva De La Rosa, Energy Management Representative Trainee, to attend the Refrigeration Fundamentals at Edison CTAC, on February 23, 1999 with an expense allowance of $65.00. It was moved by Gonzales, seconded by Ybarra, that authority be granted for Eva De La Rosa, Energy Management Representative Trainee, to attend the aforementioned Seminar with an expense allowance of $65.00. Motion carried. Communication from Kenneth J. DeDario, Director of Utilities dated January 20, 1999, was presented requesting authority and funds for Otis Smith, Associate Engineer, to attend the Distributech Seminar at San Diego on February 16"' and 17`h, 1999 with an expense allowance of $640.00. It was moved by McCormick, seconded by Gonzales, that authority be granted for Otis Smith, Associate Engineer, to attend the aforementioned seminar with an expense allowance of $640.00. Motion carried. Communication from Kenneth DeDario, Director of Utilities dated January 20, 1999, was presented requesting authority and funds for Ramon Abueg, Assistant Director of Engineering & Operations, to attend the Distributech Seminar at San Diego on February 14`h & 15`h, 1999 with an expense allowance of $1,009.27. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Ramon Abueg, Assistant Director of Engineering & Operations, to attend the aforementioned seminar with an expense allowance of $1,009.27. Motion carried. The City Clerk stated that the following matter should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated January 21, 1999 submitting the results from Bid No. 1375 and Bid No. 1376 which were opened on January 13, 1999. Bid No. 1375 is for the construction of the Ybarra Substation and Bid No. 1376 is for the construction of the Ybarra overhead line and bank. Bid No. 1375 Union Power Construction Company $ 436,906.00 Hampton Tedder Electric $ 435,717.00 Bid No. 1376 Union Power Construction Company $1,457,097.00 Hampton Tedder Electric $1,456,670.00 The bids have been reviewed by the Utilities Department and the Purchasing Department, and it is hereby recommended that Bid No. 1375 and Bid No. 1376 be awarded to Union Power Construction Company on the basis of their total bid of $1,869,003.00, which includes a $25,000.00 discount to the City and that Purchasing be authorized to issue a purchase order. Page 10 of 14 City Council Minutes January 26, 1999 It was moved by Davis, seconded by McCormick, to defer the aforementioned communication to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated January 21, 1999, was presented recommending that authorization be granted to issue an open Purchase Order with Thomason Mechanical, as requested by Kenneth J. DeDario, Director of Utilities, dated January 19, 1999, to provide labor and material as necessary to assist with maintenance of the power plant units for an amount not to exceed $25,000. It was moved by Ybarra, seconded by Gonzales, that authorization be granted to issue an open purchase order with Thomason Mechanical for an amount not to exceed $25,000. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 19, 1999, was presented, transmitting the Minutes for the Adjourned Finance Committee Meeting held January 14, 1999, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations listed on the January 14, 1999 Minutes of the Adjourned Regular Finance Committee meeting, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 12, 1999, was presented transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held January 25, 1999 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations listed on the January 25, 1999 Agenda for the Adjourned Regular Personnel Committee Meeting be approved. Motion carried. WARRANT REGISTER NO. 1006 covering claims and demands presented during the period of December 31, 1998 thru January 14, 1999 drawn on Wells Fargo Bank totaling $698,432.83, which includes Demand Nos. 70130 thru 70362 (inclusive), excluding Utility Demands and void Demands as listed below (accounting period January, 1999) was examined and audited. 70152 70201 70215 70258 70179 70209 70216 70311 70186 70214 70217 It was moved by Davis, seconded by McCormick, that Warrant Register No. 1006 be approved and payment authorized for claims and demands totaling $698,432.83, excluding Utility Demands and Void Demands as listed above. Motion carried. Page 11 of 14 City Council Minutes January 26, 1999 WARRANT REGISTER NO. 1006 covering claims and demands presented during the period of December 31, 1998 thru January 14, 1999, drawn on Wells Fargo Bank totaling $1,747,638.41, which includes Utility Demand Nos. as listed below (accounting period January, 1999) was examined and audited. 70131 70202 70244 70299 70133 70203 70247 70312 70143 70204 70259 70313 70144 70205 70268 70322 70145 70206 70269 70326 70153 70212 70276 70329 70163 70213 70278 70332 70194 70221 70284 70338 70195 70233 70285 70350 70198 70236 70289 70200 70240 70290 It was moved by Gonzales, seconded Ybarra, that Warrant Register No. 1006 be approved and payment authorized for Utility claims and demands totaling $1,747,638.41. 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. WARRANT REGISTER NO. 1007 covering claims and demands presented during the period of January 15th thru January 219t, 1999, drawn on Wells Fargo Bank totaling $587,180.20, which includes Demand Nos. 70363 thru 70483 (inclusive), excluding Utility Demand and void Demand Nos. 70374, 70400, and 70405 thru 70409 (accounting period January, 1999) was presented. It was moved by Ybarra, seconded by Gonzales, that Warrant Register 1007 be approved and payment authorized for claims and demands totaling $587,180.20, excluding Utility Demands and void Demands as listed above. Motion carried. WARRANT REGISTER NO. 1007 covering claims and demands presented during the period of January 15th thru January 219t, 1999, drawn on Wells Fargo Bank totaling $318,097.15, which includes Utility Demand Nos. as listed below (accounting period January, 1999) was examined and audited. 70363 70419 70448 70367 70420 70457 70369 70424 70459 70372 70426 70462 70375 70428 70464 70379 70432 70468 70383 70434 70474 70393 70441 70476 70395 70443 70482 70397 70445 70483 70411 70447 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1007 be approved and payment authorized for Utility claims and demands totaling $318,097.15. 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 WARRANT REGISTER NO. 511 covering claims and demands presented during the period of November 81h thru December 19, 1998, drawn on Wells Fargo Bank totaling $2,614,424.43 which includes Demand Nos. 6011 thru 6052 (inclusive) (accounting period December, 1998) was examined and audited. Page 12 of 14 City Council Minutes January 26, 1999 It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 511 be approved and payment authorized for claims and demands totaling $2,614,424.43. Motion carried. The Mayor called a recess at 6:02 P.M. The Council reconvened in Regular Session at 6:06 P.M., all members present before the recess again being present. The City Clerk advised that there were no issues for Closed Session, Item No. 1. 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 It was moved by Gonzales, seconded by Davis, that Council go into Closed Session, Item Nos. 2 & 3, the time being 6:06 P.M. Motion carried. All persons were excluded from Closed Session except the City Clerk, Chief Deputy City Clerk, and the City Attorney. 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 -ANTICIPATED LITIGATION (a) Citv of Vernon vs. Central Basin, etc., Za_strow, et al. LASC No. BC 130693; (b) The Citv_of Vernon v. The Atchison,_ Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (c) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open access); (d) FERC Docket Nos. ER97-2355, EC96-19-000, ER96- 16,33 and EL96-48 (Restructuring); (e) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (f) 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; (g) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; (h) 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; (i) FERC Docket No. ER98-3594 (ISO); (j) CPUC Application No. 98-07-005; (k) FERC Docket No. ER98-3760 (ISO); Page 13 of 14 City Council Minutes January 26, 1999 (1) Unicare Insurance Co. vs. City of Vernon, Case No. VCO26942; (m) Don Green v. City of Vernon, WC No. VNO 0332300; 3. With respect to every item of business to be discussed in closed session pursuant to subdivision (b) of Government Code §54956.9 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation: One (1) potential case It was moved by Ybarra, seconded by Gonzales, that the Council go out of Closed Session and resume Regular Session, the time being 6:15 P.M. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk Leonis C. Ma burg Mayor Page 14 of 14 NOTICE OF ADJOURNMENT Notice is hereby given that the City Clerk of the City of Vernon adjourned (due to lack of quorum) the City Council meeting to be held January 19, 1999, at 5:00 p.m., to January 26, 1999, at 5:00 p.m., to be held in the City Council Chambers of the City Hall located at 4305 Santa Fe Avenue, Vernon, California. Date Chief Dep City Clerk AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Gloria J. Orosco, declare as follows: That I am the Chief Deputy City Clerk of the City of Vernon, and that a regular meeting of the City Council of the City of Vernon to be held January 19, 1999, was adjourned to January 26, 1999, and that a copy of said notice (as set forth above) was posted at a conspicuous place near the door of the room at which said meeting was to be held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Executed on Chief Dep*y City Clerk at Vernon, California.