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19990216 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 16, 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: 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 26, 1999 and February 2, 1999 be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 8, 1999, was presented, advising that the awards committee, composed of Department Heads and the City Administrator's designee, has selected Lieutenant Steve Towles as the winner of the "1998 City Annual SPIRITS Award" in recognition of his excellent and superior performance. It is hereby recommended that the City Council commend Lieutenant Steve Towles for his exemplary services and superior performance to the City of Vernon. The Mayor presented the following Resolution to Lieutenant Towles. RESOLUTION NO. 7269 - A Resolution of the City Council of the City of Vernon Commending Lieutenant Steve Towles for His Exemplary Services to the City of Vernon During 1998, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7269 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 11, 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 01/06/97 George Salazar Police Officer 2 Years 01/05/87 David Kimes Fire Captain 3 Years 06/30/81 Stella Pasillas Utility Clerk 3 Years 01/03/95 Shirley Salas Account Clerk 4 Years 01/05/87 Jed Hulsey Fire Captain 6 Years 04/04/88 Daniel Calleros Sergeant 7 Years 01/02/91 Tom Kennedy Engineering Assoc. 8 Years 01/21/91 Anthony Serrano Cust. Serv. Rep. 8 Years 09/18/89 Francisco Tostado Fire Engineer 8 Years 01/02/90 Joan Francone Risk Mgr/Pers. Asst. 9 Years 08/09/82 Bruce Olson Chief of Police 10 Years 04/12/66 Edward Saenz Utilityman I 11 Years 09/28/86 Felix Saldana Utilityman II 11 Years The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. City Council Minutes February 16, 1999 The following employees were unable to attend the meeting and their awards were accepted by their respective department head. 08/17/87 Bradley Miller 01/10/94 Jerry R. Chavez 10/24/88 Andrew Guth 03/25/91 Jim Wilcox 09/22/87 Christian Moscoso 08/28/88 Mauro Trujillo 08/18/87 Anthony Zack 01/02/90 Silas Williams 10/24/88 Craig Peltier Fire Engineer 3 Years Police Officer 5 Years Fire Captain 5 Years Sr. Env. Specialist 5 Years Police Officer 6 Years Utilityman III 7 Years Sergeant 7 Years Utilityman III 9 Years Firefighter 10 Years The Mayor called a recess at 5:12 p.m. The Council reconvened in regular session at 5:15 p.m., all members present before the recess again being present. Police Department Activity Log for the period February 1st thru 15t'', 1999, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period February 1st thru 15t'', 1999, be received and filed. Motion carried. Fire Department Activity Report for the period February 1st thru 15t'', 1999, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Log for the period February 1st thru 15t'', 1999, be received and filed. Motion carried. Health Department Report for the month of January, 1999, was presented. It was moved by McCormick, seconded by Gonzales, that the Health Department Report for the month of January, 1999 be received and filed. Motion carried. Risk Management Report for the month of January, 1999, was presented. It was moved by Ybarra, seconded by Davis, that the Risk Management Report for the month of January, 1999 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 there was anyone in the audience who wished to address the City Council at this time. There was no one in the audience who wished to address the City Council at this time. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a request from TCT Transit Services, Inc. for a Conditional Use Permit to operate a Bus Terminal at 2715 Bonnie Beach Place, Vernon. It was moved by Ybarra, seconded by Gonzales, to open the Public Hearing pertaining to the request from TCT Transit Services, Inc., for a conditional use permit, the time being 5:16 p.m. Motion carried. Page 2 of 12 City Council Minutes February 16, 1999 Kevin Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized this matter. Mr. Wilson advised the City Council of a letter that was received today from a neighboring business stating their concern on some issues. Mr. Wilson also advised that staff has responded to the concerns by a letter dated this date. Both letters were transmitted to the Council during this hearing. Communication from Kevin Wilson, Director of Community Services, dated February 11, 1999 advising that TCT Transit Services, Inc. has applied for a conditional use permit to operate a bus terminal at 2715 Bonnie Beach Place, Vernon. Submitted 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. The project is categorically exempt from the California Environmental Quality Act because there is an existing facility at the site with no expansion of use as defined in Section 15301 and a Notice of Exemption will be prepared. In my opinion the proposed operation is consistent with the General Plan as adopted by the City of Vernon, will pose no adverse effects to the City of Vernon; will have no significant effects on the environment; and no mitigation measures are required. It is recommended that the City Council determine that the proposed use is categorically exempt from the California Environmental Quality Act process and is consistent with the General Plan. It is also recommended that a Notice of Exemption be filed with the County Clerk and the conditional use permit be granted contingent upon 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 busing operations, including bus parking, shall be limited to the lot located at 2715 Bonnie Beach Place in the City of Vernon. b. 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. C. 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 no on -street parking will occur. Page 3 of 12 City Council Minutes February 16, 1999 d. 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 services. e. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. f. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes which includes but is not limited to connecting the existing clarifier to a sewer main. g. No equipment, freight, or materials, such as but not limited to hazardous materials, hazardous waste, refuse, tires, batteries or abandoned vehicles shall be stored on the site other than in buildings approved by the City of Vernon for such a use. h. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources, if required. i. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. j. A hazardous materials permit shall be obtained from the City of Vernon Environmental Health Department if hazardous materials/waste are used handled or stored. Hazardous materials/waste shall be handled and managed in compliance with all appropriate federal, state and local laws. k. The facility shall be operated in a manner that will not impede traffic on Bonnie Beach Place or Bandini Boulevard. 1. All existing cracked sidewalk, curb and gutter adjacent to the site in Bonnie Beach Place and Bandini Boulevard shall be repaired and maintained to meet City Standards. A ramp accessible to persons with disabilities shall be constructed at the Northwest corner of Bonnie Beach Place and Bandini Boulevard in compliance with City Standards. The non -conforming portion of the existing driveway on the site fronting Bonnie Beach Place shall be removed and replaced with curb, gutter, sidewalk and a barrier wall shall be installed were required in compliance with City Standards. M. The owner of the property shall provide to the City of Vernon a utility easement for the overhead electrical lines located on the applicant's property in a form and manner subject to approval of the Director of Community Services and Water. n. TCT Transit Services, Inc. shall not generate more than 32 Bus trips and 50 employee trips per day. o. All above ground fuel tanks shall comply with local building, fire, and health codes, and county regulations. p. All buses parked on the facility shall be limited to 30 feet in length and shall not obstruct maneuvering on -site. q. The facility shall supply the adequate number of bathrooms, toilets, sinks and other facilities as required by the City of Vernon Environmental Health Department. Page 4 of 12 City Council Minutes February 16, 1999 The Mayor asked if the City Council or anyone from the audience had any questions or comments. Their were no questions or comments from the City Council or anyone from the audience. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the request from TCT Transit Services, Inc. for a Conditional Use Permit to operate a bus terminal at 2715 Bonnie Beach Place, Vernon, the time being 5:24 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the Director of Community Services & Water dated February 11, 1999 and all supporting documents submitted as evidence during the Public Hearing, be received and filed. Motion carried. It was moved by Ybarra, seconded by Davis, that City Council hereby determines the proposed use is categorically exempt from the California Environmental Quality Act process and 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 a Notice of Exemption be filed with the County Clerk and the Conditional Use Permit be granted to TCT Transit Services, Inc. subject to conditions "a thru q". Motion carried. RESOLUTION NO. 7275 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to TCT Transit Services, Inc. for the Operation of a Bus Terminal at 2715 Bonnie Beach Place, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7275 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 9, 1999, was presented, requesting a Trailer Permit Extension for Flowserve Corp., located at 2300 Vernon Avenue, to March 31, 1999. The permit fee has been received, and it is hereby recommended to extend the Trailer Permit. It was moved by Ybarra, seconded by McCormick, to approve the extension of a Trailer Permit for Flowserve Corp. to March 31, 1999. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 9, 1999, was presented, advising that during the development and implementation of the Non -Exclusive Franchise Agreement Program, the staff has worked with our solid waste consultant, Hilton, Farnkopf, and Hobson on establishing a franchise fee rate. The fee will assist with costs for maintaining streets and roads used by waste vehicles; it will stay within the range of franchise fees set by other cities in the L.A. area, and it is our goal to maintain reasonable solid waste disposal costs for businesses in Vernon. This has been reviewed by the City Attorney's office and the Environmental Health Department, and based upon the above, it is hereby recommended that the City establish a 10% franchise fee rate on gross receipts for waste hauling services. It was moved by Davis, seconded by Gonzales, that the aforementioned communication be received and filed and the recommendation approved. Motion carried. Page 5 of 12 City Council Minutes February 16, 1999 RESOLUTION NO. 7271 - A Resolution of the City Council of the City of Vernon Establishing a Franchise Fee for Solid Waste Collection Businesses Pursuant to Article VI of Chapter 12 of the Vernon City Code, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7271 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 9, 1999, was presented, advising the State Department of Health Services (SDHS)is proposing to pre-empt local wholesale food protection programs, and in turn, proposes to create a "Statewide Comprehensive Integrated Processed Food Safety Program" which would exclude Local Environmental Health Departments (LEHDs) from conducting inspections or providing service to wholesale food processing establishments within their jurisdictions. Based upon the history of the current State program, staff feels the SDHS is unlikely to properly manage the proposed Statewide Comprehensive Program. This matter has been reviewed by the Department of Environmental Health and it has been determined that in order to maintain local control of the City's Wholesale Food Protection Program, the City, in conjunction with other LEDHs, should lobby for state legislation to enact a "Right of First Refusal" for local jurisdictions and to revise the State Food Sanitation Act to reflect current food safety standards for LEHD enforcement. This would allow local governments a choice to either retain their wholesale food protection programs, or to return the responsibility to the SDHS, and to uniformly enforce health requirements. It is hereby recommended that the City adopt a local food ordinance which would revise our current City Code and would supplement an outdated State Food Sanitation Act; standardize our wholesale food protection program with other LEHD's wholesale food regulations; and justify the City's ability to retain our wholesale program. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication be received and filed and the recommendations approved. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated February 9, 1999, was presented, advising that Contract No. 543, Traffic Signal Modernization, has been completed. The total contract amount, including Change Order credit is $152,449.00. The remaining ten percent (10%) of the total contract amount $15,244.90 is payable thirty-five days after acceptance of the work. It is hereby recommended that the work be accepted and that authority be granted to pay the contractor, Signal Maintenance, Inc., 2283 E. Via Burton Street, Anaheim, CA 92806. It was moved by Ybarra, seconded by Davis, that the aforementioned communication be received and filed and the recommendations approved. Motion carried. RESOLUTION NO. 7268 - A Resolution of the City Council of the City of Vernon Accepting the Work of Signal Maintenance, Inc. In Accordance with Contract No. 543 of the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7268 be approved and adopted. Motion carried. Page 6 of 12 City Council Minutes February 16, 1999 Communication from Dave Telford, Fire Chief, dated February 2, 1999, was presented, requesting authority and funds for himself, to attend the 91h Annual Fire Prevention Workshop at Monterey on March 15 thru 19, 1999 with an expense allowance of $950.00. It was moved by Davis, seconded by Ybarra, that authority and funds be granted for Fire Chief Dave Telford to attend the aforementioned Workshop on March 15 thru 19, 1999 with an expense allowance of $950.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 2, 1999, was presented, requesting authority and funds for Lieutenant Steve Towles to attend the Community Policing Strategies Against Violence at Cerritos on March 15th and 16th, 1999 with an expense allowance of $53.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Lieutenant Steve Towles to attend the aforementioned seminar on March 15th and 16th, 1999, with an expense allowance of $53.00. Motion carried. Communication from Kenneth 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 Association of Energy Engineers' Annual All -Day Energy Seminar (Green Energy) at the Westin Long Beach Hotel on March 17, 1999 with an expense allowance of $130.50. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Energy Management Representative Trainee, Eva De La Rosa, to attend the aforementioned seminar on March 17, 1999 with an expense allowance of $130.50. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated February 10, 1999, was presented, requesting authority and funds for himself to attend the Public Works Officers Institute Conference at Monterey on March 3, 4, & 5, 1999 with an expense allowance of $732.80. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for the Director of Community Services & Water, Kevin Wilson, to attend the aforementioned conference on March 3, 4, & 5, 1999 with an expense allowance of $732.80. Motion carried. Communication from Dave Telford, Fire Chief, dated February 10, 1999, was presented, requesting authority and funds for James Smith, Battalion Chief to attend the California Fire Instructors Workshop 1999 at San Jose on April 12 to 16, 1999 with an expense allowance of $1217.00. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Battalion Chief James Smith to attend the aforementioned Workshop on April 12 to 16, 1999 with an expense allowance of $1217.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 10, 1999, was presented, requesting authority and funds for Detective Donald Vanover to attend the Vehicle Theft Investigation Course at Downey on March 8 to 12, 1999 with an expense allowance of $171.00, of which $161.00 will be reimbursed by POST. Page 7 of 12 City Council Minutes February 16, 1999 It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Detective Donald Vanover to attend the aforementioned course on March 8 to 12, 1999 with an expense allowance of $171.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated February 4, 1999, was presented, requesting authority and funds for Sergeant Daniel Calleros, to attend the Training Management at Santa Rosa on March 22 to 26, 1999 with an expense allowance of $1,171.47 of which $1,137.12 will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for sergeant Daniel Calleros to attend the aforementioned Training on March 22 to 26, 1999 with an expense allowance of $1,171.47. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 11, 1999, was presented, transmitting the Agenda of the Personnel Committee meeting to be held on February 16, 1999 for approval of the recommendations thereof. It was moved by Gonzales, seconded by Ybarra, that the recommendations listed on the February 16, 1999 Agenda for the Personnel Committee meeting be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated February 10, 1999, was presented, transmitting the Minutes of the Finance Committee meeting held February 9, 1999 for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis that the recommendations listed on the February 9, 1999 Minutes of the Finance Committee meeting, be approved. Motion carried. RESOLUTION NO. 7270 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Computer Software End -User Network License Agreement (Perpetual, Non -Exclusive, Object Code) By and Between the City of Vernon and Henwood Energy Services, Inc, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7270 be approved and adopted. Motion carried. RESOLUTION NO. 7272 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 7092 Which Approved the Annual Statement of Investment Policy of the City of Vernon and Delegated Investment Authority to the City Treasurer, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7272 be approved and adopted. Motion carried. RESOLUTION NO. 7273 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting Services By and Between Illinova Energy Partners, Inc. and the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7273 be approved and adopted. Motion carried. RESOLUTION NO. 7276 - A Resolution of the City Council of the City of Vernon Adopting a City of Vernon Resource Procurement Plan and Credit Risk Management Policy, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7276 be approved and adopted. Motion carried. Page 8 of 12 City Council Minutes February 16, 1999 Communication from Bruce V. Malkenhorst, City Clerk, dated February 11, 1999, was presented, advising the City of Vernon is unable to utilize the funds available in the amount of $8,411 under the Juvenile Accountability Incentive Block Grant (JAIBG). The purpose of this grant is to hire a Deputy District Attorney for vertical prosecution of juvenile offenders. This matter has been reviewed by the Chief of Police and the City Attorney's office; and it is hereby recommended that the City of Vernon release the Grant funds to the County of Los Angeles to be used for the purpose of hiring a Deputy District Attorney for enhanced prosecution of juvenile offenders in the Los Padrinos Juvenile Court. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7274 - A Resolution of the City Council of the City of Vernon Authorizing the Reallocation of Funds Made Available Through the Juvenile Accountability Incentive Block Grant to the Los Angeles County District Attorney's Office, Los Padrinos Court, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7274 be approved and adopted. Motion carried. Communication from Mr. John Kelly, Vice President, American Promotional Events, Inc., dated January 28, 1999, was presented with regard to amending existing ordinances (AB 2090) pertaining to legal sale of fireworks from December 26, 1999 to January 1, 2000. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication be received and filed. Motion carried. WARRANT REGISTER NO. 1009 covering claims and demands presented during the period of January 29, 1999 thru February 11, 1999, drawn on Wells Fargo Bank totaling $334,917.62, which includes Demand Nos. 70632 thru 70888 (inclusive), excluding Utility Demands and void demands as listed below (accounting period February, 1999) was examined and audited. 70660 70666 70693 70694 70695 70696 70697 70698 70749 It was moved by Davis, seconded by McCormick, that Warrant Register No. 1009 be approved and payment authorized for claims and demands totaling $334,917.62, excluding Utility Demands and void Demands as listed above. Motion carried. WARRANT REGISTER NO. 1009 covering claims and demands presented during the period of January 29, 1999 thru February 11, 1999, drawn on Wells Fargo Bank totaling $2,178,934.88, which includes Utility Demand Nos. as listed below (accounting period February, 1999) was examined and audited. 70636 70681 70744 70785 70847 70639 70686 70748 70787 70848 70641 70690 70750 70791 70852 70642 70692 70754 70798 70856 70647 70711 70759 70799 70857 70650 70715 70761 70803 70860 70664 70724 70762 70805 70861 70665 70728 70766 70810 70863 70670 70736 70776 70823 70870 70673 70739 70779 70830 70878 70675 70742 70780 70837 70887 Page 9 of 12 City Council Minutes February 16, 1999 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1009 be approved and payment authorized for Utility claims and demands totaling $2,178,934.88. 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. 512 covering claims and demands presented during the period of December 20, 1998 thru January 16, 1999, drawn on Wells Fargo Bank totaling $1,857,765.07 which includes Demand Nos. 6053 thru 6095 (inclusive) (accounting period January, 1999) was examined and audited. It was moved by McCormick, seconded by Davis, that Payroll Warrant Register No. 512 be approved and payments ratified for claims and demands totaling $1,857,765.07. Motion carried. Consideration of a Service Agreement for Point -To - Point Transmission executed by the United States of America Department of Energy acting by and through the Bonneville Power Administration and City of Vernon as submitted by Kenneth J. DeDario, Director of Utilities, February 10, 1999, was presented. It was moved by Gonzales, seconded by Ybarra, that the aforementioned agreement be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. RESOLUTION NO. 7277 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Service Agreement for Point -To -Point Transmission By and Between the United States of America Department of Energy Acting By and Through the Bonneville Power Administration and the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7277 be approved and adopted. Motion carried. The Mayor called a recess at 5:53 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 Gonzales, 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, Director of Community Services, Chief Deputy City Clerk, and the Utilitymen. 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. at 6:07 p.m. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE The first Utilityman II was excused at 6:07 p.m. The second Utilityman II entered the closed session The second Utilityman II was excused at 6:21 p.m. The Director of Community Services & Water was excused at 6:56 p.m. Page 10 of 12 City Council Minutes February 16, 1999 It was moved by McCormick, seconded by Ybarra, that the City Council go out of Closed Session pertaining to Item No. 1, the time being 6:56 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 6:57 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. 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) City of Vernon vs. Central Basin, etc., Zastrow, et al. LASC No. BC 130693; (b) The City 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, ER96-1633 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) FERC Docket No. ER98-3594 (ISO); (i) CPUC Application No. 98-07-005; (j) FERC Docket No. ER98-3760 (ISO); (k) Unicare Insurance Co. vs. City of Vernon, Case No. VCO26942; (1) Don Green v. City of Vernon, WC No. VNO 0332300; (m) Mark Moen v. City of Vernon, WCAB MON 0198685; MON 0204641; 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 -ANTICIPATED LITIGATION Significant exposure to litigation: One (1) potential case It was moved by Ybarra, seconded by McCormick, that the City Council go out of Closed Session pertaining to Item Nos. 2 and 3 and resume regular session, the time being 7:01 p.m. Motion carried. Page 11 of 12 City Council Minutes February 16, 1999 It was moved by Gonzales, seconded by Davis, that disciplinary action for the Utilityman II be approved as recommended. Motion carried. It was moved by Ybarra and seconded by McCormick, that the second Utilityman II be disciplined and that a Confidential Agreement setting forth the terms of the discipline be prepared by the City Attorney. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. Leonis C. Mal rg yor ATTEST: Bruce V. Malkenhorst City Clerk Page 12 of 12