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19990316 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 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, McCormick MEMBERS ABSENT: Davis The meeting was called to order by Mayor Malburg. The City Clerk announced that now was the time to present the Service Pin: The Mayor presented a 25 Year Service Pin to Councilman Hilario Gonzales, and extended congratulations on behalf of the entire City Council . The Mayor called a recess at 5 : 03 p.m. The Council reconvened in regular session at 5 : 04 p.m. , all members present before the recess again being present . Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1999 , was presented, advising that Kenneth DeDario, Director of Utilities has elected to award Antonio M. Lopez, Jr. , Electronics Technician, to receive a Utilities Department' s LEVEL I SPIRITS AWARD based on his Superior Performance during the past 12 months . It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated March 10, 1999 be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 10 , 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 02/20/96 Blanca Rubio Personnel Clerk 3 Years 08/14/89 Ruben Herrera Utilityman 7 Years 02/26/90 John Doersam Firefighter 9 Years 03/02/81 Gloria Orosco Chief Deputy City Clerk 14 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 awards were accepted by their respective department head. 03/09/92 Matthew Brown Police Officer 2 Years 02/03/97 Oscar Zozaya Police Officer 2 Years 11/18/63 George Burgess Engineering Associate 4 Years 09/18/89 Michael Roche Fire Captain 6 Years 01/01/67 Dave Telford Fire Chief 13 Years The Mayor called a recess at 5 : 06 p.m. The Council reconvened at 5 : 08 p.m. , all members present before the recess again being present . City Council Minutes March 16, 199 Police Department Activity Log for the period March 1st thru 15t'', 1999, was presented. It was moved by McCormick, seconded by Ybarra, that the Police Department Activity Log for the period March 1st thru 15th, 1999 , be received and filed. Motion carried. Fire Department Activity Report for the period March 1st thru 15"', 1999, was presented. It was moved Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period March 1st thru 15t'', 1999, be received and filed. Motion carried. Health Department Report for the month of February, 1999 , was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of February, 1999 , be received and filed. Motion carried. Risk Management Report for the month of February, 1999 , was presented. It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of February, 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 anyone in the audience wished to address the City Council . There was no one wishing to address the City Council . The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a request from Si-Nor, Inc . for a Conditional Use Permit to operate a Truck Terminal at 3689 Bandini Boulevard, Vernon. It was moved by Gonzales, seconded by Ybarra, to open the Public Hearing pertaining to the request from Si-Nor, Inc . for a Conditional Use Permit, the time being 5 : 10 p.m. Motion carried. Kevin Wilson, Director of Community Services and Water, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services and Water dated March 10, 1999 , was presented, advising that Si-Nor, Inc . has applied for a conditional use permit to operate a truck terminal at 3689 Bandini Boulevard in the City of Vernon. 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, Notice of Intent, Notice of Completion, copies of notification letters to owners and tenants in the area, letter to the State Clearinghouse, and affidavits of posting and mailing. Page 2 of 15 City Council Minutes March 16, 1999 4 . Environmental Checklist Form and Initial Study. 5 . Proposed Negative Declaration. 6 . Mitigation Monitoring Program An initial study has been conducted for the project in compliance with the California Environmental Quality Act (CEQA) which identifies potentially significant impacts on the environment from the project . A mitigation monitoring program has been proposed to mitigate any potentially significant effects . The project is consistent with the General Plan as adopted by the City of Vernon. It is recommended that the following conditions be placed on the Conditional Use Permit : 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 3689 Bandini Boulevard in the City of Vernon. b. The owner of the property shall provide to the City of Vernon a utility easement for overhead electrical lines located on the property in a form and manner subject to approval by the Director of Community Services and Water and with proper clearance subject to the approval of the Director of Utilities . C . Equipment or freight shall NOT be stored on the site, other than in the office building. d. 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. e. The Environmental Health Department shall be notified and all applicable permits shall be obtained any time the soil is exposed or site-cap is disturbed. f . Servicing of vehicles including washing, steam cleaning and repairing shall not be permitted on-site. g. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources, if required. h. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. i . 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 . j . 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. Page 3 of 15 City Council Minutes March 16, 1999 k. 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 . 1 . A hazardous materials closure report is required from the previous occupant before the Environmental Health Department will approve the new Certificate of Occupancy. M. The existing driveway on Bandini Boulevard shall be widened to 50 feet and all existing frontages including but not limited to, trees, signs, cracked sidewalk, curb and gutters adjacent to the site in Bandini Boulevard shall be removed, repaired, replaced and/or maintained to meet City Standards . n. Trucks shall only access the site at 3689 Bandini Boulevard from driveways that have direct access to the facility. o . The facility shall be operated in compliance with the "Mitigation Monitoring Program for Si-Nor, Inc . to operate a Trucking Terminal at 3689 Bandini Boulevard Vernon, CA February 8, 1999 . " It is hereby 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 resources . It is further recommended that a Notice of Completion and De Minimis Findings be filed with the County Clerk, that the Negative Declaration be approved and adopted, and that the Conditional Use Permit be granted contingent upon adherence to conditions "a-o" . The Mayor asked if the City Council or anyone from the audience had any questions or comments . There were no questions or comments from the audience. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing pertaining to the request from Si-Nor, Inc . for a Conditional Use Permit to operate a Truck Terminal at 3689 Bandini Boulevard, Vernon, the time being 5 : 15 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the Director of Community Services & Water dated March 10, 1999 and all supporting documents submitted as evidence during the Public Hearing, be received and filed. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Council hereby determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Council hereby determines that the project will not have a significant effect on the environment . Motion carried. Page 4 of 15 City Council Minutes March 16, 1999 It was moved by Ybarra, seconded by McCormick, that the City Council hereby determines that the project will not individually or cumulatively have an adverse effect on wildlife resources . Motion carried. It was moved by McCormick, seconded by Gonzales, that a Notice of Completion and De Minimis Findings be filed with the County Clerk, that the Negative Declaration be approved and adopted, and that the Conditional Use Permit be granted contingent upon adherence to conditions "a-o" . Motion carried. RESOLUTION NO. 7284 - A Resolution of the City Council of the City of Vernon Granting A Conditional Use Permit to Si-Nor, Inc . for the Operation of a Truck Terminal at 3689 Bandini Boulevard, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7284 be approved and adopted. Motion carried. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a request from Angelus Sanitary Can Machine Company for a Variance to construct an industrial building without providing the required truck parking and loading spaces at 4900 Pacific Boulevard, Vernon. It was moved by McCormick, seconded by Ybarra, to open the Public Hearing pertaining to the request from Angelus Sanitary Can Machine Company for a Variance, the time being 5 : 17 p.m. Motion carried. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. Mr. Wilson also submitted a communication this date advising that staff has determined an additional condition is necessary and added condition "d" . Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1999, was presented, advising that Angelus Sanitary Can Machine Company is requesting a Variance from Section 26 . 4 . 2-7 , Minimum truck parking and loading facility requirements, of the Comprehensive zoning Ordinance. They are proposing to construct a detached 8, 768 square foot one story industrial building in their existing automobile parking lot located at 4900 Pacific Boulevard without providing the required truck parking and loading spaces . Herewith is the following evidence: 1 . Staff report . 2 . Application for variance. 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 of the State CEQA Guidelines . It is the opinion of the Director of Community Services & Water that the proposed operation is consistent with the General Plan as adopted by the City of Vernon, will not pose any adverse effects to the City of Vernon, will not have any significant effects on the environment, and no mitigation measures are required. Page 5 of 15 City Council Minutes March 16, 1999 • It is recommended that the City Council find 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 Variance be granted with the following conditions : a) Upon any change in use or occupancy of all or a portion of the site, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements . b) On-street automobile parking, truck loading, or truck parking shall NOT occur as a by product of Angelus Sanitary Can Machine Company' s operation. All truck maneuvering shall be performed on-site. c) Angelus Sanitary Can Machine Company shall maintain a minimum of two truck loading and five truck parking spaces on the subject site. Communication from Kevin Wilson, Director of Community Services & Water, dated March 16, 1999 , was presented, advising that the following condition be added for the variance for Angelus Sanitary Can Machine Company at 4900 Pacific Boulevard: (d) All required federal, state, local and regulatory agency permits shall be obtained prior to occupancy of the proposed building. Communication from Kevin Wilson, Director of Community Services & Water, dated March 16, 1999 , was presented, advising that a letter was received on March 11, 1999 from the County of Sanitation Districts regarding the Public Hearing Notice for Angelus Sanitary Can Machine Company. The City prepared a response letter on March 16, 1999 and submitted a copy for the record. The Mayor asked if the City Council or anyone from the audience had any questions or comments . Catarino Gonzales representing Angelus Sanitary Can Machine Company advised that he would answer any questions of the Council that he could. Mr. Kevin Wilson, Director of Community Services & Water, requested that the City Council continue this matter to the next City Council Meeting. It was moved by Gonzales, seconded by Ybarra, to continue the Public Hearing pertaining to a request from Angelus Sanitary Can Machine Company for a Variance and Resolution No . 7291, to the next City Council Meeting to be held March 30, 1999 and that no further action be taken at this time. Motion carried. RESOLUTION NO. 7291 - A Resolution of the City Council of the City of Vernon Granting a Variance to Angelus Sanitary Can Machine Company from Section 26 . 4 . 2-7 , Minimum Truck Parking and Loading Facility Requirements, of the Comprehensive zoning Ordinance, for the Property Located at 4900 Pacific Boulevard in the City of Vernon. Page 6 of 15 City Council Minutes March 16, 1999 The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a proposed Ordinance to further extend Ordinance No. 1061, which was adopted on March 24, 1998 and amended by Ordinance No . 1062 on April 28, 1998 . Ordinance No. 1062 placed a 10 month and 15 day moratorium on the processing or approval of tentative maps, parcel maps and lot line adjustment . This proposed ordinance will extend the moratorium six months from the date of its adoption. It was moved by Ybarra, seconded by Gonzales, to open the Public Hearing to consider a proposed Ordinance to further extend Ordinance No. 1061, the time being 5 : 25 p.m. Motion carried. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services and Water, dated March 9 , 1999, was presented, advising the City Council of the City of Vernon adopted Ordinance No . 1061 on March 24, 1998 placing a moratorium on the processing or approval of tentative maps, parcel maps and lot line adjustments . The City Council extended this moratorium by adopting Ordinance No . 1062 . Vernon' s industrial base is slowly being eroded and converted into distribution type uses and the Community Services Department has studied various concepts of how the General Plan goal of providing sufficient appropriate locations for manufacturing and industrial uses could be accomplished. It is apparent the City will have to consider making code changes beyond those regarding subdivisions and lot line adjustments and this issue is also being reviewed by the City Attorney' s office. Additional time is needed in order to determine the final recommended code changes and it is hereby recommended the moratorium be extended for an additional six months . The Mayor asked if the City Council or anyone from the audience had any questions or comments . There were no questions or comments from the audience. It was moved by McCormick, seconded by Ybarra to close the Public Hearing pertaining to the proposed Ordinance to furthe addressed the City Council r extend Ordinance No . 1061, the time being 5 : 29 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services & Water dated March 9 , 1999 be received and filed and his recommendation approved. Motion carried. ORDINANCE NO. 1070 - An Interim Ordinance of the City Council of the City of Vernon Further Extending Interim Ordinance No. 1061, Making Findings with Respect Thereto, Declaring the Urgency Thereof and a Basis for Said Ordinance to Take Effect Immediately was read by title by the City Clerk for a first and final reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No . 1070 be approved and adopted. Motion carried. Ayes : . Malburg, Ybarra, Gonzales, McCormick Noes : None Absent : Davis Page 7 of 15 City Council Minutes March 16, 1999 Communication from Laurie D. Zelon, Esq. of Morrison & Foerster, Attorneys at Law, dated February 18, 1999 , was presented requesting the City Council reconsider its denial of an appeal of a Certificate of Occupancy regarding the building located at 4901 Pacific Boulevard, Vernon. Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1999, was presented, advising Laurie D. Zelon, Legal Representative for the Far East National Bank, requested that the City Council reconsider its denial of an appeal, dated August 4, 1998 , regarding the building located at 4901 Pacific Boulevard, Vernon. At that time the City made a determination that the building had been continuously vacant for one year; and therefore, pursuant to Section 26 . 4 . 6-7 of the Comprehensive Zoning Ordinance, cannot be re-occupied except in the case that it is brought into conformity with all the regulations of the zone in which it is located. Submitted herewith is a staff report dated March 9, 1999 and based on the facts contained therein, it is hereby recommended that the denial of the August 4, 1998 Appeal be reaffirmed. Ms . Laurie D. Zelon, Attorney for Far East National Bank, and Mr. McCracken, on behalf of Far East National Bank, addressed the City Council . Ms . Zelon summarized her letter of February 18, 1999 and submitted additional charted details for the Council . The Mayor asked if there were any questions . Mr. David B. Brearley asked whether there was a return on the expenditure . Was the dollar amount shown on the chart the gross amount or the net? Ms . Zelon stated that it was the total amount . David B. Brearley commented on the referral made to Lewis Pozzebon and asked Mr. Pozzebon if he recalled this; and is the property subject to the requirements of the trucking, loading, and parking requirements . Mr. Pozzebon said, "yes", he did. Councilman Gonzales stated that based on the information that has been provided during this meeting tonight, he would suggest that the matter be continued at the next City Council Meeting to be held March 30, 1999 and that no further action be taken at this time. It was moved by Gonzales, seconded by McCormick, that action on this matter be continued to the next City Council Meeting to be held March 30, 1999 . Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated March 8, 1999 , was presented, advising that the bids opened in accordance with Contract No. 549 (Construction of City Hall Addition and Remodel) and submitted to Council at their March 2 , 1999 meeting have been reviewed and it is recommended that Contract No. 549 be awarded to Amelco Construction, a division of Amelco Industries on the basis of their bid of $5 , 176 , 000 . 00 (lowest bid) . It was moved by Gonzales, seconded by Ybarra, that the contract be awarded to Amelco Construction, a division of Amelco Industries, on the basis of their bid of $5 , 176 , 000 . 00 . Motion carried. Page 8 of 15 City Council Minutes March 16, 1999 RESOLUTION NO . 7286 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Amelco Construction, A Division of Amelco Industries for Construction of City Hall Addition and Remodel in Accordance with Contract No . 549 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No . 7286 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated March 10, 1999 , was presented, advising the Community Services Department has selected Geotechnical Professionals Inc . (GPI) to furnish geotechnical services during the construction phase of the City Hall Addition and Remodel project . GPI will provide geotechnical field observation and testing services for a total of $17 , 850 . 00 . The contract will be on a time and materials basis with a not to exceed amount of $21, 420 . 00 . This project has been reviewed by the Director of Community Services & Water and the Agreement reviewed by the City Attorney' s office, and it is hereby recommended that the Consulting Services Agreement be approved and the Mayor and City Clerk be authorized to execute the same. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk be received and filed, and his recommendation approved. Motion carried. RESOLUTION NO. 7287 - 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 Geotechnical Professionals, Inc . and the City of Vernon for Geotechnical Services Relative to the City Hall Addition and Remodel Project, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No . 7287 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated March 10, 1999 , was presented, advising that Amendment No . 2 to the 1997 Restructuring Agreement between Southern California Edison Company (Edison) and the City of Vernon changes the provisions relating to losses under Vernon' s three existing firm transmission agreements with Edison. The Amendment has been reviewed by the Director of Utilities and the City Attorney' s office and it is hereby recommended that the changes to the 1997 Restructuring Agreement which affect and amend the three existing firm transmission agreements with Edison be approved and the Mayor and the City Clerk be authorized to execute Amendment No 2 . It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk be received and filed, and his recommendation approved. Motion carried. RESOLUTION NO. 7293 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of (1) An Amendment No . 2 to the Edison-Vernon 1997 Restructuring Agreement; (2 ) An Amendment No. 3 to the Edison-Vernon Firm Transmission Service Agreement; (3 ) An Amendment No. 4 to the Edison-Vernon Mead Firm Transmission Service Agreement; (4) An Amendment No . 3 to the Edison-Vernon Victorville-Lugo Firm Transmission Service Agreement, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No . 7293 be approved and adopted. Motion carried. Page 9 of 15 City Council Minutes March 16, 1999 Communication from Bruce V. Malkenhorst, City Clerk dated March 10, 1999, was presented, advising that the Community Services Department has selected Kimley-Horn and Associates, Inc . to design, manage and prepare/implement traffic signal interconnect and timing coordination on Santa Fe Avenue for 25th/26th Street to 55th Street, Soto Street from 26th Street to Fruitland Avenue. The total cost for the project is $74, 325 . 00, plus time and material for construction support, not to exceed $15, 275 . 00 . The project is being funded by the Alameda Corridor Project and Los Angeles County Department of Public Works (LACDPW) , with funds through the 1997 MTA Call for Projects to design and construct a traffic signal synchronization project on Santa Fe Avenue. MTA funds will not be available until August 1999 , if approved for this project. This project has been reviewed by the Director of Community Services and Water and the City Attorney' s office has reviewed the Agreement . It is hereby recommended the Consulting Agreement be approved and the Mayor and City Clerk be authorized to execute same. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk be received and filed, and his recommendation approved. Motion carried. RESOLUTION NO. 7290 - 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 Kimley-Horn and Associates, Incorporated for Traffic Signal Synchronization Along Santa Fe Avenue and Soto Street, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7290 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 10, 1999 , was presented, advising the Community Services Department has selected MTGL to furnish material testing and special inspection services for construction of the City Hall Addition and Remodel project . MTGL will furnish services for concrete compaction testing and special inspection for fire proofing installation, high strength bolting, and welding. The estimated total cost for providing the needed services is $15 , 340 . 00 . The contract will be on a time and materials basis with a not to exceed amount of $19, 175 . 00 . This project has been reviewed by the Director of Community Services and Water and the City Attorney' s office has reviewed the Agreement; and it is hereby recommended that the Consulting Services Agreement be approved and the Mayor and City Clerk authorized to execute same. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7294 - 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 MTGL, Inc . and the City of Vernon for Services Relative to the City Hall Addition and Remodel Project, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7294 be approved and adopted. Motion carried. Page 10 of 15 City Council Minutes March 16, 1999 Communication from Bruce Olson, Chief of Police, dated February 24, 1999, was presented, requesting authority and funds for Police Officer Ken Fraser to attend the Commercial Enforcement Training Course at Fallbrook on April 12th to 23rd� 1999 with an expense allowance of $1, 751 . 68, of which $1, 690 . 80 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Police Officer Ken Fraser to attend the aforementioned training with an expense allowance of $1, 751 . 68 . Motion carried. Communication from Bruce Olson, Chief of Police, dated March 2 , 1999, was presented, requesting authority and funds for Sergeant Glenn Finley, to attend the Supervisory Course at Huntington Beach on April 12th to 23ra, 1999 with an expense allowance of $1, 186 . 68 of which $999 . 20 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Sergeant Glenn Finley to attend the aforementioned course with an expense allowance of $1, 186 . 68 . Motion carried. Communication from Bruce Olson, Chief of Police, dated February 16, 1999 , was presented, requesting authority and funds for Dispatcher Alexandra Ronquillo to attend the Basic Dispatcher Course at Whittier on April 26th to May 14th, 1999 with an expense allowance of $251 . 40 of which $221 . 40 will be reimbursed by POST. It was moved by Ybarra, seconded by McCormick, that authority and funds be granted for Dispatcher Alexandra Ronquillo to attend the aforementioned Course with an expense allowance of $251 . 40 . Motion carried. Communication from Bruce Olson, Chief of Police, dated March 2 , 1999, was presented, requesting authority and funds for Detectives Matthew Saidleman and Jerry Winegar to attend the Criminal Investigations Core Course at San Diego on April 12th to 26th, 1999 with an expense allowance of $1, 469 . 50 each and of which $1, 093 . 84 will be reimbursed by POST. It was moved by Gonzales, seconded by Ybarra, that authority and funds be granted for Detectives Matthew Saidleman and Jerry Winegar to attend the aforementioned course with an expense allowance of $1, 469 . 50 each. Motion carried. Communication from Dave Telford, Fire Chief, dated March 8, 1999, was presented, requesting authority and funds for the below listed personnel to attend the 22nd Annual Vehicle Extrication Seminar at Corona on April 17th & 18th, 1999 with an expense allowance of $120 . 00 each. Captain Mark Whitworth Captain David Moore Firefighter Kevin Millikan It was moved by McCormick, seconded by Ybarra, that authority and funds be granted for the above listed Fire Personnel to attend the aforementioned seminar with an expense allowance of $120 . 00 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 11, 1999 , was presented, transmitting the Agenda for the Personnel Committee meeting to be held on March 15, 1999 for approval of the recommendations therein. Page 11 of 15 City Council Minutes March 16, 1999 It was moved by Ybarra, seconded by McCormick, that the recommendations listed on the March 15, 1999 for the Personnel Committee meeting be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 10, 1999 , was presented transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held March 15 , 1999 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations listed on the March 15, 1999 Adjourned Regular Finance Committee Meeting be approved. Motion carried. RESOLUTION NO. 7288 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Master Lease Agreement By and Between the City of Vernon and Toyota Motor Credit Corporation, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7288 be approved and adopted. Motion carried. RESOLUTION NO. 7289 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Commercial Lease Agreement By and Between the City of Vernon and Ford Motor Credit Company, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No . 7289 be approved and adopted. Motion carried. The City Clerk advised the Council that the following Resolution should be deferred to the next City Council meeting. RESOLUTION NO. 7296 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Establishment of Brokerage Accounts to be Utilized by the City of' Vernon Utilities Department for the Purchase and Sale of Electric Power, Transmission and Capacity in New Markets and Approving and Authorizing the Execution by the City Administrator or His Designee of Various Agreements to Establish Commodities Accounts for the Purchase and Sale of Electricity Futures and Options on Futures Contract . It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7296 be deferred to the next City Council meeting. Motion carried. RESOLUTION NO. 7295 - A Resolution of the City Council of the City of Vernon Amending Section XI of the Family and Medical Leave Policy Which Established a Six Week Paid Maternity Leave Program for Female Employees, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No . 7295 be approved and adopted. Motion carried. WARRANT REGISTER NO. 1011 covering claims and demands presented during the period of February 26, 1999 thru March 11, 1999 , drawn on Wells Fargo Bank totaling $901, 602 . 39 , which includes Demand Nos . 71079 thru 71318 (inclusive) , excluding Utility Demands and void demands Nos . 71123 , 71150 thru 71154 and 71198 and 71200 (accounting period March, 1999) , was examined and audited. It was moved by Ybarra, seconded by McCormick, That Warrant Register No . 1011 be approved and payment authorized for claims and demands totaling $901, 602 . 39, excluding Utility Demands and Void demands as listed above. Motion carried. Page 12 of 15 City Council Minutes March 16, 1999 WARRANT REGISTER NO. 1011 covering claims and demands presented during the period of February 26, 1999 thru March 11, 1999 , drawn on Wells Fargo Bank totaling $3 , 171, 779 . 04, which includes Utility Demand Nos . as listed below (accounting period March, 1999) , was examined and audited. 71080 71134 71170 71231 71290 71081 71138 71172 71234 71291 71085 71139 71181 71235 71299 71091 71142 71183 71236 71316 71092 71143 71186 71241 71098 71144 71192 71242 71105 71147 71201 71265 71107 71148 71220 71274 71108 71149 71224 71279 71121 71160 71228 71286 71128 71166 71229 71289 It was moved by Gonzales, seconded by McCormick, that Warrant Register No . 1011 be approved and payment authorized for Utility Claims and Demands totaling $3 , 171, 779 . 04 . Motion carried. PAYROLL WARRANT REGISTER NO. 513 covering claims and demands presented during the period of January 17 , 1999 thru February 13 , 1999 , drawn on Wells Fargo Bank totaling $1, 653 , 762 . 05 which includes Demand Nos . 6096 thru 6136 (inclusive) (accounting period February, 1999) , was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No . 513 covering claims and demands presented during the period of January 17 , 1999 thru February 13 , 1999, drawn on Wells Fargo Bank totaling $1, 653 , 762 . 05 . Motion carried. RESOLUTION NO. 7282 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment to the City Attorney Employment Agreement Establishing Compensation for David B. Brearley as City Attorney, was presented. (Deferred from City Council meeting held March 2 , 1999) . It was moved by Gonzales, seconded by Ybarra, that Resolution No . 7282 be approved and adopted. Motion carried. RESOLUTION NO. 7283 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Consulting Services By and Among the City of Vernon, The Redevelopment Agency of the City of Vernon and Ivanhoe Energy Services & Development, Inc . (Deferred from City Council meeting held March 2 , 1999) , was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7283 be approved and adopted. Motion carried. RESOLUTION NO. 7292 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Attorney Services By and Between the City of Vernon and Eduardo Olivo and Appointing Eduardo Olivo as the Assistant City Attorney, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7292 be approved and adopted. Motion carried. Page 13 of 15 City Council Minutes March 16, 1999 Communication from Bruce V. Malkenhorst, City Clerk, dated March 11, 1999 , was presented, advising that in accordance with previous City Council approval, a General and Special Release and Settlement Agreement in the litigation entitled Alex Mendrin, dba Al ' s Plastics v. City of Vernon, et al, LASC Case No . VC 025595 , was signed by the plaintiffs and their attorneys, and it is hereby recommended that the Mayor be authorized to execute said documents . It was moved by Ybarra, seconded by Gonzales, that the above communication be received and filed, the Release and Settlement Agreement approved, and the Mayor be authorized to execute said documents . Motion carried. The Mayor called a recess at 6 : 20 p.m. The Council reconvened in Regular Session at 6 : 35 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 Ybarra, that Council go into Closed Session on Item Nos . 2 and 3 , the time being 6 : 36 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) 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, ER96-16, 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) FERC Docket No. ER98-3594 (ISO) ; Page 14 of 15 City Council Meeting March 16, 1999 (i) CPUC Application No . 98-07-005 ; (j ) FERC Docket No. ER98-3760 (ISO) ; (k) Don Green v. City of Vernon, WC No . VNO 0332300; (1) 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 (c) of Government Code § 54956 . 9 . CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of 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 : 39 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Attorney be authorized to join in an amicus brief to be filed on behalf of the City of Vernon by McDonough, Holland & Allen on behalf of the City of Napa in Foster v. City of Napa, et al . , the Court of Appeal for the First Appellate District, Case No. AO84652 . Motion carried. It was moved by Ybarra, seconded by Gonzales, that the claim of Mark Moen (WCAB MON 0198685 ; MON 0204641) be approved and the Compromise and Release be accepted. 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 to March 30, 1999 . Motion carried. Leonis C . Malburg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 15 of 15