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19990817 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 17, 1999 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Gonzales, Davis MEMBERS ABSENT: Malburg (Excused), McCormick (Unexcused) The meeting was called to order by Mayor Pro Tem Ybarra. It was moved by Davis, seconded by Gonzales, that the Minutes of the City Council Meeting held August 3, 1999 be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated August 12, 1999, was presented, advising that the below listed employees have qualified in the month of July 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 03-16-86 Jeff Wightman Utilityman 5 Years 07-27-92 Richard Sweeney Resource & Project 7 Years Planning Manager 07-09-90 Kenneth DeDario Director of Utilities 9 Years The Mayor Pro Tem 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. 07-05-87 Jeff Coburn 11-03-91 Kenneth Jackson 05-16-88 David Lazar 02-26-90 Darren Simpkins 03-09-92 Stacy Waterfall 12-08-85 Rex Hill 07-01-87 Adam Alvarez 12-16-85 Steven Hartsfield 08-19-84 Luis Reynoso Systems Coordinator I 2 Years Utilityman 2 Years Fire Captain 3 Years Firefighter 5 Years Police Dispatcher 7 Years Police Officer 9 Years Utilityman 10 Years Utilityman 10 Years Utilityman 12 Years The Mayor Pro Tem called a recess at 5:04 p.m. The Council reconvened in regular session at 5:05 p.m., all members present before the recess again being present. Police Department Activity Log for the period August lot thru 15t'', 1999, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period August lot thru 15th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period August lot thru 15th, 1999, was presented. It was moved by Gonzales, seconded by Davis, that the Fire Department Activity Report for the period August lot thru 15th, 1999, be received and filed. Motion carried. Health Department Report for the month of July, 1999, was presented. City Council Minutes August 17, 1999 It was moved by Davis, seconded by Gonzales, that the Health Department Report for the month of July, 1999, be received and filed. Motion carried. Risk Management Report for the month of July, 1999, was presented. It was moved by Davis, seconded by Gonzales that the Risk Management Report for the month of July, 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 Pro Tem asked if anyone in the audience wished to address the Council at this time. There was no wishing to address the City Council. The City Clerk announced that now was the time to continue with the PUBLIC HEARING to consider the Reorganization of Territory (Annexation to the City of Vernon from the City of Bell). (Continued from City Council Meeting held August 3, 1999) . It was moved by Gonzales, seconded by Davis, to continue with the public hearing pertaining to the Reorganization of Territory (Annexation to the City of Vernon from the City of Bell), the time being 5:06 p.m. Motion carried. Mr. Kevin Wilson, Director of Community Services & Water, addressed the City Council and gave them a brief presentation. The Assistant City Attorney again reminded the City Council that the reason for continuing the Public Hearing was to give additional time for any member of the public, in particular, any effected district, to submit written protests, provide any comments, testimony, or to participate in the public hearing. Communication from Bruce V. Malkenhorst, City Clerk, dated August 12, 1999, was presented, transmitting a letter from Mr. Robert Dickey of Southern California Edison C'bmpany dated August 3, 1999 regarding the LAFCO Reorganization No. 98-1, Parcels 1 and 2 Between the Cities of Bell and Vernon advising that Edison has no objection to the proposed reorganization. The Mayor Pro Tem asked if there were any further questions. Mr. Gonzales asked if the Post Office had any questions or comments. Mr. Wilson stated that we received one letter regarding the proposed improvements. The letter did not discuss any issues regarding the annexation. It was moved by Davis, seconded by Gonzales, to close the Public Hearing pertaining to the Reorganization of Territory (Annexation to the City of Vernon from the City of Bell), the time being 5:12 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated, August 12, 1999, be received and filed and the annexation to the City of Vernon from the City of Bell be approved. Motion carried. Page 2 of 14 City Council Minutes August 17, 1999 RESOLUTION NO. 7384 - A Resolution of the City Council of the City of Vernon Ordering the Reorganization of Territories Designated as "Reorganization No. 98-1, Parcels 1 and 2" Between the Cities of Bell and Vernon (Detachment From the City of Bell, Annexation to the City of Vernon) Pursuant to the Cortese/Knox Local Government Reorganization Act of 1985, was presented. (Deferred from City Council Meeting held August 3, 1999). It was moved by Gonzales, seconded by Davis, that Resolution No. 7384 be approved and adopted. Motion carried. The City Clerk announced that now was the time to open the PUBLIC HEARING to obtain testimony regarding Vernon's conformance with the Congestion Management Program. It was moved by Gonzales, seconded by Davis, to open the Public Hearing regarding Vernon's conformance with the Congestion Management Program, the time being 5:13 p.m. Motion carried. Mr. Kevin Wilson, Director of Community Services & Water addressed the City Council and briefly summarized this matter and his Staff Report. Communication from Bruce V. Malkenhorst, City Clerk, dated August 12, 1999, was presented, advising that the Community Services Department has conducted the studies as required by Metropolitan Transportation Authority (MTA) as outlined in the Congestion Management Program (CMP) on the Land Use Analysis Program for the City of Vernon. Submitted herewith are the following: 1. 1998-99 Local Implementation Report; 2. Notice of Public Hearing, Affidavit of Posting and Declaration of Publication; and 3. Staff Report This has been reviewed by the Director of Community Services and Water and it has been determined that the City of Vernon is in conformance, and it is hereby recommended that City Council adopt a resolution making a finding that we are in conformance with the CMP plan. The Mayor Pro Tem asked if there were any questions. There were no questions from the audience or from the Council. It was moved by Gonzales, seconded by Davis, to close the Public Hearing regarding Vernon's conformance with the Congestion Management Program, the time being 5:16 p.m. Motion carried. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk, dated August 12, 1999, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7392 - A Resolution of the City Council of the City of Vernon Finding the City of Vernon to be in Conformance with the Congestion Management Program (CMP) as Established by the Los Angeles County Metropolitan Transportation Authority, was presented. Page 3 of 14 City Council Minutes August 17, 1999 It was moved by Davis, seconded by Gonzales, that Resolution No. 7392 be approved and adopted. Motion carried. The City Clerk announced that now was the time to open the PUBLIC DARING to discuss the Final Grantee Performance Report on Grant No. 96-EDBG-471, a Community Development Block Grant used for Economic Development. It was moved by Davis, seconded by Gonzales, to open the Public Hearing regarding the Final Grantee Performance Report on Grant No. 96-EDBG-471, a Community Development Block Grant used for Economic Development, the time being 5:18 p.m. Motion carried. Mr. Wilson addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated August 12, 1999, was presented, advising that the City was previously awarded a Community Development Block Grant (No. 96- EDBG-471) in the amount of $500,OOO to be used for Economic Development. To remain in compliance with the Community Development Block Grant and Housing and Urban Development guidelines, an annual report has been prepared by staff. The following documents are submitted as evidence: 1. Staff Report 2. Notice of Public Hearing and Affidavit of Posting The grant monies have been awarded to RRR Real Estate, LLC (Rite -Way Meat Packers, Inc.) in the amount of $187,362.00 and Sandberg Family, LLC in the amount of $70,720.00. The grant funds will be used for various off site improvements. As part of the requirements of the Grant, these companies will be creating from 10 to 14 jobs from the Target Income Group (low to moderate income persons). If and when said jobs are created, the Grant may be forgiven by the State. The Grant period has expired and funds are no longer available from this grant and it is hereby recommended that the Council receive and file the staff report and this communication. The Mayor Pro Tem asked if there were any questions. There were no questions from the audience or from the Council. It was moved by Davis, seconded by Gonzales, to close the Public Hearing regarding the Final Grantee Performance Report on Grant No. 96-EDBG-471, the time being 5:21 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk, dated August 12, 1999, and the Staff Report, be received and filed. Motion carried. The City Clerk announced that now was the time to open the PUBLIC DARING to consider a proposed Ordinance for the increase of a special tax on parcels of real property used or designed for use as a warehouse, truck terminal, freight terminal, railroad facility, or other distribution facility. Page 4 of 14 City Council Minutes August 17, 1999 It was moved by Gonzales, seconded by Davis, to open the Public Hearing to consider a proposed Ordinance for the increase of a special tax on parcels of real property used or designed for use as a warehouse, truck terminal, freight terminal, railroad facility, or other distribution facility, the time being 5:21 p.m. Motion carried. Mr. Wilson addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated August 12, 1999, was presented, advising that the staff has completed its review of the report on the Parcel Tax and submitted herewith is the Final Report. In addition, submitted herewith is a Staff Report on the Subdivisions Moratorium which was submitted and approved by this legislative body on June 15, 1999 and it is hereby recommended that both reports be received and filed as part of this public hearing. Mayor Pro Tem asked if there were any questions. Mr. Davis asked if there any questions from the trucking industries. Mr. Wilson stated no and that notices were sent out to all property owners as required. Ms. Lefkowitz, of Dynamic Builders, requested to address the Council and asked when this will become effective and if it will exempt the current property owners? Mr. Wilson stated that there will not be any exemptions and that this will be voted on at the November 16, 1999 Special Election. If approved, it will not be effective until the County's next tax role. It was moved by Davis, seconded by Gonzales, to close the Public Hearing to consider a proposed Ordinance for the increase of a special tax on parcels of real property used or designed for use as a warehouse, truck terminal, freight terminal, railroad facility, or other distribution facility, the time being 5:38 p.m. Motion carried. . It was moved by Gonzales, seconded by Davis, that the above communication from the City Clerk be received and filed. Motion carried. ORDINANCE NO. 1076 - An Ordinance of the City Council of the City of Vernon Amending Section 5.45 of Article IV of Chapter 5 of the Code of the City of Vernon, California, 1959 regarding a Special Tax on Parcels of Real Property Used or Designed for Use as a Warehouse, Truck Terminal, Freight Terminal, Railroad Facility, or Other Distribution Facility; Making Provisions for the Assessment, Levy and Collection of Said Tax; Establishing a Date for an Election to be Held to Approve the Levy of Said Special Taxes; and Declaring that Said Ordinance Shall Take Effect Immediately, was read by title by the City Clerk. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1076 be approved and adopted. Motion caried. Ayes: Ybarra, Davis, Gonzales Noes: None Absent: Malburg, McCormick Page 5 of 14 City Council Minutes August 17, 1999 RESOLUTION NO. 7393 - A Resolution of the City Council of the City of Vernon, California, Calling and Giving Notice of a Special Municipal Election to be held on Tuesday, November 16, 1999, for the Submission to the Qualified Voters a Proposed Ordinance, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7393 be approved and adopted. Motion carried. RESOLUTION NO. 7394 - A Resolution of the City Council of the City of Vernon, California, Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of a Special Election to be held on Tuesday, November 16, 1999, was presented. It was moved b Gonzales, seconded b Davis, that Y Y Resolution No. 7394 be approved and adopted. Motion carried. RESOLUTION NO. 7395 - A Resolution of the City Council of the City of Vernon, California, Ordering the Submission of a Question to the Qualified Voters of the City Relating to an Amendment to Section 5.45 of Article IV of Chapter 5 of the Code of the City of Vernon, California, 1959, Regarding a Special Tax on Parcels of Real Property at the Special Municipal Election to be held on Tuesday, November 16, 1999, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7395 be approved and adopted. Motion carried. RESOLUTION NO. 7396 - A Resolution of the City Council of the City of Vernon, California, Setting Priorities for Filing Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis Regarding the City Measure, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7396 be approved and adopted. Motion carried. RESOLUTION NO. 7397 - A Resolution of the City Council of the City of Vernon, California, Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7397 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1999, was presented, transmitting the Water Right License and Agreement with California Water Service Company for the rights to 1,900 acre-feet of water. The cost of this water is $205.00 per acre foot or $389,500.00 total. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. Mr. Gonzales asked about the buying of these water rights and where he read that Metropolitan Water District is going to start to buy Water Rights. Mr. Wilson responded that yes, they are going to start buying water rights and if they do, especially from up north, then they can import it to their agency. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk, dated August 10, 1999, be received and filed and the recommendation approved. Motion carried. Page 6 of 14 City Council Minutes August 17, 1999 RESOLUTION NO. 7398 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License By and Between the City of Vernon and California Water Service Company, Which Grants the City of Vernon a License to Extract 1,900 Acre -Feet of the Allowed Pumping Allocation California Water Service Company for the Period July 1, 1999 through June 30, 2000, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7398 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated August 5, 1999, was presented, transmitting for your consideration, two fully executed Grant Deeds from Vernon Central Warehouse, Inc. DBA Vernon Warehouse Company. The first is for a portion of property located on the southwest corner of 38`h and Ross Streets consisting of approximately 363 square feet, and the second is for a portion of property located on the southeast corner of 38`h and Alameda Streets consisting of approximately 389 square feet. The properties will be used for street purposes, and it is hereby recommended that the Grant Deeds be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services & Water dated August 5, 1999 be received and filed and the recommendation approved. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated August 12, 1999, was presented, transmitting for your consideration, a fully executed Grant Deed from Jose A. Gavina, for 519` Street Partnership, a California General Partnership. The deed is for a portion of property on the south side of Fruitland Avenue, between Pacific Boulevard and Soto Street, consisting of approximately 4500 square feet. The property will be used for street purposes and it is hereby recommended that the Grant Deed be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services & Water dated August 12, 1999 be received and filed and the recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 10, 1999, was presented, advising that in July, 1998, City Council authorized a consulting agreement with K.J. Services to assist the Department of Environmental Health with the implementation of the Used Oil Recycling Program through using funds from a California Integrated Waste Management Board Grant. This program enables the City of Vernon to comply with the State mandated AB 939 law and based on the favorable performance of K.J. Services, it is hereby recommended that the consulting agreement be extended for another year. This has been reviewed by the Director of Environmental Health and the City Attorney. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated August 10, 1999 be received and filed and the recommendation approved. Motion carried. Page 7 of 14 City Council Minutes August 17, 1999 RESOLUTION NO. 7399 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Agreement for Professional Consulting Services By and Between the City of Vernon and K.J. Services Relating to Vernon's Used Oil Block Grant for 1999-2000 Grant Year. It was moved by Davis, seconded by Gonzales, that Resolution No. 7399 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, �i dated August 11, 1999, was presented, advising that the League of California Cities holds its Annual Business Meeting during its Annual Seminar which is to be held in October this year. As customary, the League is asking each city to designate its voting representative and alternate voting representative and to advise them of our designees. It is hereby recommended that the Mayor be selected as the City's voting representative and the Mayor Pro-Tem as the alternate voting representative. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated August 11, 1999 be received and filed and the recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 12, 1999, was presented, advising that in accordance with the Fourth Side Letter Agreement dated September 3, 1997, By and Between the Vernon Police Officers' Benefit Association and the Municipal Employee Relations Representative ("MERR") of the City of Vernon, it is hereby recommended that the Vernon Police Officers in Group 2 be granted a salary adjustment in accordance with the calculations set forth in said Side Letter and that the court pay appearances and court stand-by status receive a 2% adjustment. If approval is granted, this shall be effective September 1, 1999. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated August 12, 1999 be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7400 - A Resolution of the City Council of the City of Vernon Amending Schedule II, Exhibit "B," Page 11, and Schedule V, Exhibit "E," of Resolution No. 7359, which Fixed the Compensation for Certain Employees of Said City and Authorized Certain Expense Allowances, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7400 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 12, 1999, was presented, advising that the Year 2000 (Y2K) Plan has five major tasks: 1. Develop a complete inventory of embedded systems 2. Analyze compliance of embedded systems to the Year 2000 3. Define immediate and long-term corrective measures 4. Implement corrective action and testing programs 5. Develop a contingency plan to mitigate external failures This plan has been reviewed by the Director of Utilities and the City Attorney and it is hereby recommended that the Y2K Readiness Plan be approved. Page 8 of 14 City Council Minutes August 17, 1999 It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated August 12, 1999 be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7401 - A Resolution of the City Council of the City of Vernon Adopting a Year 2000 Readiness Plan for the City of Vernon, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7401 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 12, 1999, was presented, advising that on April 2, 1998, the City previously entered into an Agreement for Billing of Special Parcel Taxes with the Los Angeles County Auditor - Controller's office with a continual year to year term unless terminated by either party by a thirty day notice. The county is now advising us that we must enter into a new agreement in order to proceed with our tax submission even though the previous agreement was not terminated. In order to ensure the timely processing of our Special Parcel Tax by the County, it is hereby recommended that a new Billing of Special Parcel Tax Agreement with the County Auditor -Controller be approved, as submitted herewith. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated August 12, 1999 be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7402 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Billing of Special Parcel Taxes By and Between the City of Vernon and Los Angeles County Auditor -Controller, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7402 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 12, 1999, was presented, advising that staff has been in discussions with Dynamic Builders, Inc. regarding a building to be constructed on the UPS site on Washington Boulevard in the cities of Vernon and Los Angeles. Staff believes that it would be in the City's best interest to adjust the boundary line so that the entire development is within the City of Los Angeles. The Vernon Redevelopment Agency is currently considering the purchase of the property at 3170 E. Washington Blvd., Vernon. If the agency does purchase the property, as part of an agreement between the City and Dynamic Builders approximately 9,973 square feet of Dynamic Builders property will be exchanged for 8,059 square feet of the property at 3170 E. Washington Blvd., Vernon. This will allow the properties to be squared off and the boundary line and property line to run perpendicular to Washington Boulevard. The attached letter from the Mayor's office of the City of Los Angeles, dated June 29, 1999, supports the reorganization of the boundary line. In addition, Dynamic Builders will contribute $15,000 towards the cost of processing the reorganization through LAFCO. This has been reviewed by the Director of Community Services & Water and the City Attorney's office has prepared a Property Exchange Agreement and it is hereby recommended that said agreement be approved. Page 9 of 14 City Council Minutes August 17, 1999 It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Clerk be received and filed and the recommendation approved. RESOLUTION NO. 7404 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Among the City of Vernon, the Redevelopment Agency of the City of Vernon, Dynamic Builders, Inc., Dynamic Group, LLC, Gerry and Monica Schwarzblatt Trust and Jaime Sirebrenik and Irene Sirebrenik Trust Relating to a Boundary Line Adjustment for Real Property Located at 3170 E. Washington Boulevard, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7404 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 12, 1999, was presented, advising'that the existing Halon 5107 System protecting the telephone equipment room, the communication room, and the communication command center in the City Hall basement is not operational at this time. There is a problem in the control panel where the discharge feature blows fuses rather than activating the cylinder release. The cylinders cannot be certified any longer and parts are not available for the existing system. The estimated cost for a new FM 200 Fire Protection System is $40,000. This has been reviewed by the Director of Community Services & Water, and it is hereby recommended that a new FM 200 Fire Protection System be purchased. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated August 12, 1999 be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7405 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase and Installation of a FM 200 Fire Protection System to Serve the Communication Command Center, Telephone Equipment Room and the Communication Equipment Room in the Basement of the Vernon City Hall, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7405 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance dated August 12, 1999, was presented, transmitting the Minutes for the Finance Committee Meeting held August 10, 1999 for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations listed on the Minutes for the Finance Committee Meeting held August 10, 1999, be approved. Motion carried. RESOLUTION NO. 7403 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: Utilities, Police, Community Services (Warehouse), Fire, Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7403 be approved and adopted. Motion carried. RESOLUTION NO. 7406 - A Resolution of the City Council of the City of Vernon Amending the City of Vernon Family and Medical Leave Policy, was presented. Page 10 of 14 City Council Minutes August 17, 1999 It was moved Davis, seconded by Gonzales, that Resolution No. 7406 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel dated August 12, 1999, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held August 16, 1999 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held August 16, 1999, be approved. Motion carried. Communication from Dave Telford, Fire Chief, dated June 22, 1999, was presented, requesting authority and funds for himself to attend the Los Angeles Area Fire Chiefs' Association workshop at UCLA Conference Center, Lake Arrowhead on September 29th thru October 18t, 1999 with an expense allowance of $375.00. It was moved by Davis, seconded by Gonzales, that authority and funds be granted for Fire Chief Telford to attend the aforementioned workshop with an expense allowance of $375.00. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated August 2, 1999, was presented, requesting authority and funds for himself to attend the 1999 California Conference of Environmental Health Directors Annual Seminar at Tahoe City on September 20th thru 24th, 1999 with an expense allowance of $1385.60. It was moved by Gonzales, seconded by Davis, that authority and funds be granted for Lewis Pozzebon to attend the aforementioned seminar with an expense allowance of $1385.60. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated June 28, 1999, was presented, requesting authority and funds for Eva De La Rosa, Energy Management Representative Trainee to attend the How to Manage Your Business Energy Costs (#9765) Seminar at Edison CTAC, Irwindale on September 22, 1999 with an expense allowance of $87.50. It was moved Davis, seconded by Gonzales, that authority and funds be granted for Eva Le La Rosa to attend the aforementioned seminar with an expense allowance of $87.50. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated August 10, 1999, was presented, requesting authority and funds for Timothy Bass, Assistant Engineer, to attend the APPA Electrical Distribution Course (Technical CEUs- 1.85) at San Francisco on September 29th and 30th and October l't, 1999 with an expense allowance of $1,032.01. It was moved by Gonzales, seconded by Davis, that authority and funds be granted for Timothy Bass to attend the aforementioned course with an expense allowance of $1,032.01. Motion carried. Communication from Dave Telford, Fire Chief, dated August 10, 1999, was presented, requesting authority and funds for Firefighters Greg Galvan and Robert Combe to attend the Hazmat Specialist "Upgrade" Modules 1F & 1G at Mobil Oil Fire Department on September 13" thru 24", 1999 with an expense allowance of $500.00 each. Page 11 of 14 City Council Minutes August 17, 1999 It was moved by Davis, seconded by Gonzales, that authority and funds be granted for Firefighters Greg Galvan and Robert Combe to attend the aforementioned Modules with an expense allowance of $500.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated August 11, 1999, was presented, requesting authority and funds for Fabiola Salceda, Personnel Clerk to attend the Cobra 2000 Seminar at Ritz Carlton Huntington, Pasadena on September 14, 1999 with an expense allowance of $254.00. It was moved by Gonzales, seconded by Davis, that authority and funds be granted for Fabiola Salceda to attend the aforementioned seminar with an expense allowance of $254.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated August 11, 1999, was presented, requesting authority and funds for Claudia Aguilar, Secretary to attend the Cobra 2000 Seminar at the Sheraton Anaheim on September 15, 1999 with an expense allowance of $261.50. It was moved by Davis, seconded by Gonzales, that authority and funds be granted for Claudia Aguilar to attend the aforementioned seminar with an expense allowance of $261.50. Motion carried. WARRANT REGISTER NO. 1023 covering claims and demands presented during the period of July 30th, thru August 12th, 1999, drawn on Wells Fargo Bank totaling $944,336.14, which includes demand Nos. 73489 thru 73751 (inclusive), excluding Utility demands and Void demand Nos. as listed below: (accounting period August, 1999), was examined and audited. 73516 73532 73536 73550 thru 73553 73604 73613 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1023 be approved and payment authorized for claims and demands totaling $944,336.14, excluding Utility demands and Void demands as listed above. Motion carried. WARRANT REGISTER NO. 1023 covering claims and demands presented during the period of July 30th, thru August 12th, 1999, drawn on Wells Fargo Bank totaling $2,179,939.93, which includes Utility demand Nos. as listed below: (accounting period August, 1999), was examined and audited. 73491 73525 73588 73665 73748 73495 73538 73594 73675 73496 73540 73596 73680 73497 73541 73598 73686 73499 73543 73605 73699 73503 73559 73614 73703 73504 73562 73632 73720 73506 73566 73647 73722 73508 73567 73650 73735 73517 73570 73660 73738 73520 73585 73663 73746 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 1023 be approved and payment authorized for Utility claims and demands totaling $2,179,939.93. Motion carried. Page 12 of 14 City Council Minutes August 17, 1999 PAYROLL WARRANT REGISTER NO. 518 covering claims and demands presented during the period of June 6`n thru July 17th, 1999, drawn on Wells Fargo Bank totaling $2,560,154.82 which includes demand Nos. 6298 thru 6339 (inclusive) (accounting period July, 1999), was examined and audited. It was moved by Davis, seconded by Gonzales, that Payroll Warrant Register No. 518 covering claims and demands presented during the period of June 6th thru July 17`h, 1999, drawn on Wells Fargo Bank totaling $2,560,154.82. Motion carried. The Mayor Pro Tem called a recess at 6:10 p.m. The Council reconvened in regular session at 6:17 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 on Item No. 1, the time being 6:18 p.m. Motion carried. All persons were excluded from closed session except the City Clerk, Director of Community Services & Water, Chief Deputy City Clerk, Assistant City Attorney, and the Utilityman. Mayor Pro Tem ordered all communications to and from the closed session deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE The Utilityman was excused at 6:20 p.m. It was moved by Gonzales, seconded by Davis, that the City Council go out of closed session pertaining to Item No. 1, the time being 6:20 p.m. Motion carried. The Director of Community Services & Water was excused at 6:21 p.m. The City Clerk advised there were no issues for closed session, Item No. 2. 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, EC96-19-00 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) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; Page 13 of 14 City Council Minutes August 17, 1999 (g) FERC Docket No. ER98-3594 (ISO); (h) CPUC Application No. 98-07-005; (i) FERC Docket No. ER98-3760 (ISO); (j) David Venegas, et al. V. City of Vernon, LASC No. LASC No. BC 207136; (k) Joe Lawrence Rivera, et al. V. City of Vernon, USDC No. CV 99-02923 CM (RZx); It was moved by Gonzales, seconded by Davis, that the City Council go into closed session pertaining to Item No. 3, the time being 6:21 p.m. Motion carried. All persons were excluded from closed session except the City Clerk, Assistant City Attorney, and the Chief Deputy City Clerk. Mayor Pro Tem ordered all communications to and from the closed session deemed privileged and confidential. 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIMS Claimant: ROBERT M. FARRELL Agency Claimed Against: CITY OF VERNON It was moved by Gonzales, seconded by Davis, that the Council go out of closed session and resume regular session, the time being 6:22 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the disciplinary action for the Utilityman be approved as recommended by the Director of Community Services & Water. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the claim from Robert M. Farrell be approved and the Release be accepted. Motion carried. There being no further business to come before the Council at this time, it was moved by Davis, seconded by Gonzales, that the meeting adjourn. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk �Pl14 Thomas A. Yba a Mayor Pro Te Page 14 of 14