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20000418 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 18, 2000 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, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. RESOLUTION NO. 7517 - A Resolution Of The City Council Of The City Of Vernon Authorizing The City Clerk To Make And Deliver A Certificate Of Election To Council Members Hilario Gonzales And William Davis And To Administer The Oath Of Office, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7517 be approved and adopted. Motion carried. The City Clerk swore in Mr. Gonzales and Mr. Davis as Public Officers of the City of Vernon. The Mayor extended his congratulations to both gentlemen. Communication from Bruce V. Malkenhorst, City Clerk, dated April 12, 2000, was presented, advising that now is the time and place for the selection of the Mayor and the Mayor Pro Tem. It was moved by Gonzales, seconded by Davis, that Mr. Leonis Malburg be selected to serve as Mayor and Mr. Thomas Ybarra to serve as Mayor Pro Tem. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 12, 2000, was presented, advising that it is now necessary to appoint members to sit on the following Committees: • Personnel Committee • Finance Committee • Police and Fire Commissions It was moved by Gonzales, seconded by Davis, to reappoint the following council members to the respective committee. Motion carried. • Personnel: Malburg/Davis/Ybara • Finance: Malburg/Ybarra/Gonzales • Police and Fire Commissions: Malburg/McCormick/Ybarra A Proclamation Of The Mayor And The City Council Of The City Of Vernon Congratulating Dolores M. Petullo On Receiving The Year 2000 Woman Of Courage Award For The City Of Vernon In Recognition Of Her Service And Support Of The Vernon Community, was presented. The Mayor presented Ms. Petullo with the Proclamation and extended, on behalf of the entire City Council, appreciation for her services and dedication. 'r■ City Council Minutes April 18, 2000 It was moved by Ybarra, seconded by Davis, that the Proclamation be received and filed. Motion carried. It was moved by Davis, seconded by Ybarra, that the Minutes of the City Council Meeting held, April 4, 2000, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 13, 2000, was presented, advising that the below listed employees have qualified in the month of March 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 03-29-98 Paul Cerda Vernon Service Officer 2 03-16-97 Ramon Abueg Asst. Director Of 3 Engineering & Operations 10-24-88 Pete Torres Fire Engineer 3 01-04-82 Brian Adel Sr. Civil Engineer 4 03-04-96 Elizabeth Quaranta Environmental Specialist 4 06-23-85 Jorge Somoano Asst. Dir. Of 5 Resource Mgmt. 05-15-89 Rick Torres Accountant 7 11-01-76 Elizabeth Sawickis Records Manager 8 08-05-84 Patrick Keye Systems Coordinator II 9 03-01-87 Dan Downing Chief Deputy Director 13 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. 03-16-98 Phillip Swinford Police Officer 2 11-30-90 Richard Harvison Police Officer 4 07-10-95 Brandon Gray Police Officer 4 07-16-90 Jose Pereya Systems Coordinator II 7 04-28-86 Eliseo Genera Civilian Court Officer 10 The Mayor called a short recess, the time being 5:15 p.m. Council reconvened at 5:18 p.m., all members present before the recess again being present. Fire Activity Report for the period April 1st thru 15th, 2000, was presented. It was moved by McCormick, seconded by Gonzales, that the Fire Activity Report for the period April 1st thru 15th, 2000, be received and filed. Motion carried. Police Department Activity Log for the period April 1st thru 15th, 2000, was presented. It was moved by Ybarra, seconded by Davis, that the Police Department Activity Log for the period April 1st thru 15th, 2000, be received and filed. Motion carried. Health Department Report for the month of March, 2000, was presented. Page 2 of 13 City Council Minutes April 18, 2000 It was moved by Davis, seconded by McCormick, that the Health Department Report for the month of March, 2000, be received and filed. Motion carried. Risk Management Report for the month of March, 2000, was presented. It was moved by Gonzales, seconded by Ybarra, that the Risk Management Report for the month of March, 2000, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the City Council on any item on the Agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if anyone in the audience wished to address the'Council at this time. 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 9EARING to consider a request from Shahpour, Madokht, Ramin, and Hilda Hakim for a Variance to utilize two non- conforming truck loading spaces at 4255 District Boulevard in the City of Vernon. It was moved by McCormick, seconded by Gonzales, to open the Public Hearing to consider a request from Shahpour, Madokht, Ramin, and Hilda Hakim for a Variance, the time being 5:21 p.m. Motion carried. Mr. Kevin Wilson, Director of Community Services and Water addressed the City Council and briefly summarized this matter and his staff report. Communication from Bruce V. Malkenhorst, City Clerk, dated April',12, 2000, was presented, advising that Shahpour, Madokht, Ramin, & Hilda Hakim have requested a variance from the Comprehensive zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 4255 District Boulevard in the City of ''Vernon. The variance is to allow the use of two (2) non -conforming truck loading spaces. However, all the loading spaces will',be restricted to trucks that do not extend into the public right-of-way. Submitted herewith are the following documents: 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. It is hereby recommended that the variance be granted with the following conditions: 1) The applicant shall maintain a minimum of four (4) conforming truck loading spaces on the property. Page 3 of 13 City Council Minutes 2) The usage of the non -conforming truck loading limited so that any truck parked at or using does not extend into the street right-of-way Master Plan of Streets, dated June 16, 1992. April 18, 2000 spaces shall be the loading docks as shown on the 3) The applicant shall maintain the yard clean, free of debris, and prevent the off -site migration of debris. 4) This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access and loading areas set forth in the Comprehensive zoning Ordinance. It is the intent of the City Council that said parking, access or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.E-4(b). 5) All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. It was moved by Davis, seconded by McCormick, to close the Public Hearing for a Variance for Shahpour, Madokht, Ramin, and Hilda Hakim, the time being 5:24 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated, April 12, 2000, and all supporting documents submitted as evidence during the Public Hearing, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7519 - A Resolution Of The City Council Of The City Of Vernon Granting A Variance To Shahpour, Madokht, Ramin, & Hilda Hakim From Section 26.4.2-8(C), Development Standards, Of The Comprehensive zoning Ordinance, For The Property Located At 4255 District Boulevard In The City Of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7519 be approved and adopted. Motion carried. Communication from S. Kevin Wilson, Director of Community Services and Water, was presented, dated April 11, 2000, transmitting a fully executed Grant Deed from Pennzoil - Quaker State Company for a portion of property located at 3430 East 26th Street, and consists of approximately 1936.5 square feet and will be used for street purposes. 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 McCormick, seconded by Ybarra, that the communication from the Director of Community Services and Water, dated April 11, 2000 be received and filed and the recommendation approved. Motion carried. The City Clerk announced that the following matter should be deferred to the next City Council meeting. Page 4 of 13 City Council Minutes April 18, 2000 Communication from S. Kevin Wilson, Director of Community Services and Water, dated April 11, 2000, transmitting a fully executed Grant Deed and a Grant of Easement from Mani Brothers, LLC. The deed is for a portion of property located at 2000 Alameda Street, and consists of approximately 8404.68 square feet and will be used for street purposes. The easement is for a portion of property located at 2000 Alameda Street, and consists of approximately 756 square feet and will be used for utility purposes. It is hereby recommended that the Grant Deed and Grant of Easement be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 12, 2000, was presented, advising that Loretta Dodd Trust is the owner of two adjoining parcels of land located at 3851/3855/3883 and 3805/3809 Soto Street. They have requested an adjustment of the boundary lines between the parcels. The boundary line adjustment will result in a portion of land being transferred from the southerly parcel to the northerly parcel. It is hereby recommended that the requested lot line adjustment be granted. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated, April 12, 2000, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7520 - A Resolution Of The City Council Of The City Of Vernon Approving A Lot Line Adjustment Requested By Loretta Dodd Trust, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7520 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 13, 2000, was presented, advising that Sandberg Furniture is the owner and occupant of the buildings located at 3251 and 3215 E. Slauson Ave. and is requesting to install a 12 feet wide by 12 feet high door in the west property line wall of the 3251 Slauson Ave. building. The purpose is to allow for the transfer of material for manufacturing from the west building to the east building. The opening will allow for a more efficient transfer of material from building to building. The company has requested a variance from the 1997 Edition of the Uniform Building Code, Table No. 5-A: Wall and Opening Protection Based on Location on Property. The code states that no openings in the exterior wall are allowed within five feet of the property line. This has been reviewed by the Director of Community Services and Water and the Fire Chief, and it is hereby recommended that the variance be granted with the following condition: 1. Upon any change in occupancy, ownership, or use, the door shall be removed and the wall shall be reconstructed to its original four-hour fire rating. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated, April 13, 2000, be received and filed and the recommendation approved. Motion carried. Page 5 of 13 City Council Minutes April 18, 2000 The City Clerk advised that the following matter and Ordinance No. 1080 should be deferred to the next City Council meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated March 30, 2000, advising that the City was previously designated as the Inspection Authority for wholesale facilities within our City limits. The Environmental Health Department has found that Chapters 11 & 13 in the Code of the City Of Vernon (Code), do not meet the Department's needs as they pertain only to wholesale food vehicles. The Department has worked with the City Attorney to revise Chapter 11 and amend Chapter 13 of the Code. The revisions to Chapter 11 will allow the department to provide increased public health protection with improved authority to regulate both wholesale and retail food facilities. The amendments to Chapter 13 will update the Code such that the nomenclature for health permit categories will coincide with that currently used in State law and proposed for Chapter 11. This has been reviewed by the Director of Environmental Health and City Attorney, and it is hereby recommended that the revisions and amendments to the Code be approved and adopted. (Deferred from the City Council Meeting held April 4, 2000) ORDINANCE NO. 1080 - An Ordinance Of The City Council Of The City Of Vernon Amending The Code Of The City Of Vernon, California, 1959, By (1) Repealing Chapter 11, Food Vending Vehicles And Food Handling Establishments, And Article 4 Of Appendix V, Regulations For Caterer And Catering Vehicles (Retail Food Vehicles) Of The Code Of The City Of Vernon, California, 1959; (2) Adding A New Chapter 11 Thereto Adopting A Food Protection Program For The City Of Vernon; And (3) Amending Sections 13.6 And 13.7 Of The Code Of The City Of Vernon, California, 1959 Relating To Health Permits; Defining The Terms Used In The Ordinance; Providing For Its Enforcement; Prescribing Penalties For Violations; And Repealing All Ordinances Or Parts Of Ordinances In Conflict Herewith. (FIRST READING) (Deferred from the City Council Meeting held April 4, 2000) It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated March 30, 2000 and Ordinance No. 1080 be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 13, 2000, was presented, submitting an Operational Agreement with the Los Angeles District Attorney's Office, Victim -Witness Assistance Program. The agreement, which provides and coordinates services for victims of gang violence, is necessary in order for the District Attorney's Office to re -apply to the State Office of Criminal Justice Planning for funding of the project. This has been reviewed by the Chief of Police and City Attorney, and it is hereby recommended that the Operational Agreement by and between the City of Vernon and the Los Angeles District Attorney's Office, Victim -Witness Assistance Program be approved and ratified. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated April 13, 2000 be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7518 - A Resolution Of The City Council Of The City Of Vernon Approving And Ratifying The Execution Of A Letter Agreement By And Between The City Of Vernon And The Los Angeles County District Attorney's Office Regarding Its Victim - Witness Assistance Program, was presented. Page 6 of 13 City Council Minutes April 18, 2000 It was moved by Ybarra, seconded by Davis, that Resolution No. 7518 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 13, 2000, was presented, advising that the City currently has an Agreement with A.C.T. to provide a G.I.S. system to the City and a Sublicense Agreement with Digital Map Products to provide parcel data information and a digital orthophoto. Staff has determined that it would serve the City best if we could expand the photographed area to include a portion of the City of Bell bounded by the Burlington Northern Santa Fe Railroad tracks on the north, the Los Angeles River on the west, Eastern Avenue on the east and Mansfield Way on the south. The cost to provide a digital orthophoto and parcel data for the additional area is $9,439.00. The cost would be much higher to have this area flown and photographed at a later date. It is hereby recommended that Amendment No. 2 to A.C.T.'s and Amendment No. 1 to Digital Map Products' Agreements be approved for this additional work, and resolutions prepared by the City Attorney. It was moved by Davis, seconded by Ybarra, that the communication from the City Clerk dated, April 13, 2000, be received and filed and his recommendations approved. Motion carried. RESOLUTION NO. 7524 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Amendment No. One To The Sublicense Agreement (Agreement No. 0001001) By And Between The City Of Vernon And Digital Map Products, LLC, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7524 be approved and adopted. Motion carried. RESOLUTION NO. 7525 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Amendment No. Two To The Agreement For Professional Consulting Services By And Between The City Of Vernon And A.C.T. GIS, Inc., was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7525 be approved and adopted. Motion carried. The City Clerk advised that the following matter and Resolution No. 7526 should be deferred to the next City Council meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated April 13, 2000, advising that the Community Services and Water Department has been advised that BW Provisions, Inc. is proposing to expand their facilities located at 2300-2382 48th Street. They are proposing to construct a 58,600 square foot building that will adjoin the existing structure they currently occupy. In order to erect the new building, an 80,000 square foot building located at 2275 49th Street will have to be demolished. This building is currently occupied by a warehouse use. Currently, BW Provisions occupies a building located at 2382 48th Street, which is approximately 43,856 square feet in size and is used for warehousing. The buildings located at 2300-2370 48th Street are used for both warehousing and cold storage. The new building will be used for both warehouse and cold storage. The City Code limits warehousing to 50,000 square feet on any single lot. Page 7 of 13 City Council Minutes April 18, 2000 The Community Services and Water Department, working with the City Attorney's office, has negotiated the following terms in order to allow the construction of the new structure. 1. The property owner will demolish an approximate 80,000 square foot, two-story portion of an older industrial building, located within the Santa Fe Industrial Center, at approximately 2275 E. 49th Street. 2. The property owner will construct a new tilt -up industrial building of approximately 58,600 square feet, to be located to the rear side of approximately 2300-2370 E. 48th Street. 3. The sum total of warehousing space to be used by the tenant (BW Provisions) between the new building and the existing buildings located at 2300-2376 E. 48th Street, shall be no more than 50,000 square feet. 4. BW Provisions, who also currently occupies an existing building located at 2382 E. 48th Street (approximately 43,856 square feet) shall agree to discontinue using fifty percent (50%) of this building for warehousing purposes by the expiration date of the third (3rd) year after the completion date (date of Certificate of Completion issued by the City) of the new building. 5. BW Provisions shall discontinue using the remaining fifty percent (50%) of the building located at 2382 48th Street, for warehousing three (3) years thereafter. 6. If BW Provisions vacates any portion of the above mentioned buildings, the owner agrees to lease the vacant space so that no more than 50,000 square feet of warehouse use exists on the entire lot. 7. When the current occupant, located at 2357 49th Street, vacates that location it shall be converted to a conforming use. The Agreement provides for an immediate reduction in warehouse use of 11,400 square feet, by demolition of an 80,000 square foot building and the construction of a 58,600 square foot building. The property owners have agreed, over the next six years, to reduce the total warehouse use on the site to 50,000 square feet. The total square footage of building on the site is approximately 608,000. In my opinion this proposal meets the intent of the goals and policies of the City's General Plan. It is hereby recommended that an Agreement by and between the City of Vernon and the property owners, Stanley Black and Joyce Black, A & R Management and Development Co., K Associates, and Steven L. Kaplan, Bonnie L. Fein and Michael B. Kaplan, be approved regarding the future warehouse use on the site. RESOLUTION NO. 7526 - A Resolution Of The City Council Of The City Of Vernon Approving Exceptions For The Property Located At 2300-2382 E. 48th Street To Section 26.3.5-2 Of Chapter 26 Of The Vernon City Code And Approving And Authorizing The Execution Of An Agreement Establishing The Terms And Conditions Of The Exception By And Between The City Of Vernon And The Owners Of Said Property. Page 8 of 13 City Council Minutes It was moved by Davis, communication from the City Clerk regarding BW Provisions, Inc. and to the next City Council meeting. April 18, 2000 seconded by Gonzales, that the dated, April 13, 2000, Resolution No. 7526 be deferred Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 13, 2000, was presented, transmitting the Independent Auditor's Report, General -Purpose Financial Statement, and Supplemental Statements For the Fiscal Year Ended June 30, 1999, and hereby recommending that they be approved and accepted. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated, April 13, 2000, regarding the General Purpose Financial Statement be received and filed and the recommendation approved. Motion carried. Communication from Dave Telford, Fire Chief, dated April 4, 2000, was presented, requesting authority and funds for the following personnel to attend the Swift Water Operational Technician I Class at Anaheim on April 24th thru 26th, 2000, with an expense allowance of $200.00 each. • Todd Hewett, Captain • Jed Hulsey, Captain • Ryan Fogg, Firefighter It was moved by Ybarra, seconded by McCormick, that authority and funds be granted for the above -listed Fire Personnel to attend the aforementioned class with an expense allowance of $200.00 each. Motion carried. Communication from Bruce Olson, Police Chief, dated March 28, 2000, was presented, requesting authority and funds for the following Officers to attend the Driver Training Update at San Bernardino on May 22nd, 2000, with an expense allowance of $191.20 each, of which POST reimburses $39.20 each. • Daniel O'Neil • David Zapien It was moved by Davis, seconded by Gonzales, that authority and funds be granted for the above -listed Officers to attend that aforementioned training update with an expense allowance of $39.20. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated April 13, 2000, was presented, requesting authority and funds for Ali Nourmohamadian, Electrical Engineer, to attend the Quarterly Electric Utility Service Requirement Committee Meeting at Reno, Nevada on May 3rd thru 5th, 2000, with an expense allowance of $496.56. It was moved by Ybarra, seconded -by McCormick, that authority and funds be granted for Ali Nourmohamadian to attend the aforementioned meeting with an expense allowance of $496.56. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 13, 2000, was presented, transmitting the Agenda for the Personnel Committee meeting to be held April 17, 2000, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations listed on the Personnel Agenda held April 17, 2000 be approved. Motion carried. Page 9 of 13 City Council Minutes April 18, 2000 Communication from Bruce V. Malkenhorst, Director of Finance, dated April 13, 2000, was presented, transmitting the Minutes of the Finance Committee meeting held April 11, 2000, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations listed on Minutes of the Finance Committee meeting held April 11, 2000 be approved. Motion carried. RESOLUTION NO. 7521 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Purchasing Agent To Purchase For The Police Department Office Furniture And Modular Computer Workstations And Approving And Authorizing The Execution Of A Furniture Purchase Contract By And Between The City Of Vernon And Purchase Planners Group, In Accordance With Section 2.27(a) Of The Vernon City Code, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7521 be approved and adopted. Motion carried. RESOLUTION NO. 7522 - A Resolution Of The City Council Of The City Of Vernon Directing The Purchasing Agent To Enter Into Negotiations With VCI Telecom, Inc. For Phase Two Of The Fiber Optics Project Pursuant To Section 2.29-3 Of The Vernon City Code, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7522 be approved and adopted. Motion carried. Consideration and discussion of a letter of intent to promote business cooperation between the Yangpu District, Shanghai, China and the Redevelopment Agency to encourage businesses from both areas to cooperate with each other and explore areas for improved economic relations and for investment in trade. RESOLUTION NO. 7523 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Letter Of Intent To Promote Business Cooperation By And Between The City Of Vernon, The Redevelopment Agency Of The City Of Vernon And The Yangpu District, Shanghai, China, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7523 be approved and adopted. The City Clerk advised that the following matter and Resolution No. 7527 should be deferred to after closed session later this date. Consideration and Discussion of a Redevelopment Revolving Fund Loan No. 6 between the City Of Vernon and the Redevelopment Agency of the City Of Vernon. RESOLUTION NO. 7527 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing (1) The Transfer Of Funds To The Redevelopment Revolving Fund; (2) The Payment Of Monies In The Redevelopment Revolving Fund To The Redevelopment Agency Of The City Of Vernon; And (3) The Execution Of Redevelopment Revolving Fund Loan No. 6 Between The City Of Vernon And The Redevelopment Agency Of The City Of Vernon. It was moved by Davis, seconded by Ybarra, that the above matter and Resolution No. 7527 be deferred to after closed session later this date. Motion carried. Page 10 of 13 City Council Minutes April 18, 2000 WARRANT REGISTER NO. 1039 covering claims and demands presented during the period of March 315t thru April 13th, 2000, drawn on Wells Fargo Bank totaling $693,953.12, and includes check Nos. 77195 thru 77396 (inclusive), excluding Utility demands and Voided checks as listed below (accounting period April, 2000), was examined and audited. 77204 77224 77257 77258 77259 77286 77304 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1039 be approved and payment authorized for claims and demands totaling $693,953.12, excluding Utility demands and Voided checks as listed above. Motion carried. WARRANT REGISTER NO. 1039 covering claims and demands presented during the period of March 31st thru April 13th, 2000, drawn on Wells Fargo Bank totaling $1,055,079.41, which includes Utility demands and check Nos. as listed below: (accounting period April, 2000), was examined and audited. 77197 77198 77200 77209 77217 77227 77247 77251 77252 77255 77256 77263 77270 77276 77279 77287 77305 77306 77316 77322 77324 77326 77328 77332 77334 77335 77346 77348 77358 77361 77367 77369 77375 77386 77391 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1039 be approved and payment authorized for Utility claims and demands totaling $1,055,079.41. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. PAYROLL WARRANT REGISTER NO. 526 covering claims and demands presented during the period of February 13th, thru March llth, 2000, drawn on Wells Fargo Bank totaling $1,647,963.80, which includes demand Nos. 6599 thru 6632 (inclusive), (accounting period March, 2000), was examined and audited. It was moved by McCormick, seconded by Ybarra, that Payroll Warrant Register No. 526 be approved and payment authorized for claims and demands totaling $1,647,963.80. Motion carried. The Mayor called a recess at 5:45 p.m The Council reconvened in regular session at 6:08 p.m., all members present before the recess again being present. The City Clerk advised that there no issues to discuss in Item No. la. 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 Davis, seconded by Gonzales, that the City Council go into closed session Item Nos. 2, 3, and 4. Motion carried. Page 11 of 13 City Council Minutes April 18, 2000 All persons were excluded from closed session except the City Clerk, Chief Deputy City Clerk, and the City Attorney. 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) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (b) FERC Docket Nos. OA96-76, OA97-602, OA97-604, ER96-222, (open access); (c) FERC Docket Nos. ER97-2355, EC 96-19-000, ER96-1633 and EL96-48 (Restructuring); (d) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (e) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; (f) FERC Docket No. ER98-3594 (ISO); (g) CPUC Application No. 98-07-005; (h) FERC Docket No. ER98-3760 (ISO); (i) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (j) Vernon v. All Persons; LASC No. BC 222145; (k) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; (1) Vernon v. Regional Water Quality Control Board; No. Unassigned; (m) Beacon Concrete, Inc. v. City of Vernon/Amelco Construction; HPMC No. O0000216; (n) Arnold Klein dba AMRO Industries v. City of Vernon, Kevin Wilson, Jerry Schreiber, et al., LASC No. BC 226167; (o) Vernon v. INS, USDC No. CV-0003590(JSL) (p) CPUC Docket No. I.99-07-003 (gas restructuring); 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIMS Claimant: VICTOR AHAIWE Agency Claimed Against: CITY OF VERNON Page 12 of 13 City Council Minutes April 18, 2000 4. With respect to every item of business to be discussed in closed session pursuant to subdivision (c) Government Code § 54956.9. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Initiation of litigation: One (1) potential case. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session pertaining to Item Nos. 2, 3, & 4, the time being 6:13 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the claim for Victor Ahaiwe be rejected. Motion carried. It was moved by McCormick, seconded by Ybarra, that the City Attorney's actions in intervening in FERC Docket No. EL00-58- 000 (Western Power Trading Forum v. California Independent System Operator Corporation) are hereby ratified. Motion carried. RESOLUTION NO. 7528 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of the Comprehensive Gas 011 Settlement Agreement for Southern California Gas Company and San Diego Gas & Electric Company in CPUC Docket No. I.99-07-003, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7528 be approved and adopted. Motion carried. Consideration and Discussion of a Redevelopment Revolving Fund Loan No. 6 between the City Of Vernon and the Redevelopment Agency of the City Of Vernon. (Deferred from an earlier time during this meeting.) RESOLUTION NO. 7527 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing (1) The Transfer Of Funds To The Redevelopment Revolving Fund; (2) The Payment Of Monies In The Redevelopment Revolving Fund To The Redevelopment Agency Of The City Of Vernon; And (3) The Execution Of Redevelopment Revolving Fund Loan No. 6 Between The City Of Vernon And The Redevelopment Agency Of The City Of Vernon, was presented. (Deferred from an earlier time during this meeting.) It was moved by Davis, seconded by Ybarra, that Resolution No. 7527 be approved and adopted. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. Leonis C. Malb Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 13 of 13