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20081124 Regular City Council Meeting - MinutesMINUTES OF THE RESCHEDULED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 24, 2008, AT 10:00 A.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Gonzales, Ybarra, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. The City Administrator advised that three potential litigation cases: one significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 and two initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9, which required immediate action, were brought to his attention after the agenda was posted. He asked that a vote be taken to determine that said matters required immediate action and to add said matters to the closed session portion of the agenda. It was moved by McCormick, seconded by Gonzales, to add the three aforementioned potential litigation cases to the closed session portion of the agenda. Motion carried. Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick Noes: None Absent: None Abstained: None It was moved by Gonzales, seconded by McCormick, that the Minutes of the Regular City Council Meeting held November 3, 2008, be approved and adopted as submitted. Motion carried. Mayor Malburg and Councilman Davis abstained and disqualified themselves on this matter. The City Administrator announced that this was the time for anyone in the audience to address the City Council on any agenda or non -agenda items other than with regard to any public hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time. Mr. Ronald Garcia of Southern California Edison congratulated the City for being recognized as the "Most Business -Friendly City in Los Angeles County" by the Los Angeles Economic Development Corporation at its 13th Annual Eddy Awards on November 17, 2008. He also reported that Proposition 7, regarding increased renewable energy requirements for California utilities, had been voted down in the November 2008 election. The Mayor showed the audience the Eddy Award for "Most Business -Friendly City" and stated that being a business - friendly city has been Vernon's mission since its incorporation in 1905. Rescheduled Regular City Council Meeting Minutes November 24, 2008 The City Attorney advised that he had obtained a DVD copy of the City of Vernon accepting the "Most Business -Friendly Award" at the November 17th ceremony, and asked the City Councilmembers if they would like to show it to the audience. The City Councilmembers unanimously agreed to show the DVD at this time. The Mayor asked if there was anyone else who wished to address the City Council at this time. Mr. Peter Corselli of U.S. Growers Cold Storage addressed the City Council and expressed his concerns with regard to the proposed electrical rate increases in Resolution No. 9760 on the agenda. He asked that the City Council reconsider the financial impact the proposed rate increases would have on the Vernon business community. Councilman McCormick asked what the impact of the proposed electrical rate increases would be on the Vernon business community. The Director of Light & Power explained that the proposed electrical rate increases were necessary due to the fluctuating energy market, but reassured the City Council that, even with the proposed increases, Vernon's electrical rates would still remain competitive. Mayor Pro-Tem Gonzales pointed out the possibility of future transmission cost savings that would be passed onto the Vernon business community if the construction of the proposed power plant, the Southeast Region Energy Project (SREP), were approved. The Mayor asked if there was anyone else who wished to address the City Council at this time. There was no one else who wished to address the City Council at this time. The City Administrator announced that this was the time to open the public hearing to consider evidence to establish a new Transmission Revenue Balancing Account Adjustment for 2009 for Vernon's high voltage transmission entitlements pursuant to Vernon's Transmission Owner Tariff. It was moved by McCormick, seconded by Davis, to open the public hearing to consider evidence to establish a new Transmission Revenue Balancing Account Adjustment for 2009 for Vernon's high voltage transmission entitlements pursuant to Vernon's Transmission Owner Tariff, the time being 10:20 a.m. Motion carried. The Director of Light & Power summarized the staff report on this matter and stated his recommendations. The Mayor asked if there was anyone in the audience who wished to address the City Council on this matter. There was no one who wished to address the City Council on this matter. Page 2 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 It was moved by Gonzales, seconded by Davis, to close the public hearing to consider evidence to establish a new Transmission Revenue Balancing Account Adjustment for 2009 for Vernon's high voltage transmission entitlements pursuant to Vernon's Transmission Owner Tariff, the time being 10:39 a.m. Motion carried. RESOLUTION NO. 9765 - A Resolution of the City Council of the City of Vernon Establishing a Transmission Revenue Balancing Account Adjustment for 2009 in Accordance with Vernon's Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9765 be approved and adopted. Motion carried. ORDINANCE NO. 1149 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Amending Section 2.1 and Deleting Section 2.5-4 of Chapter 2, Article I, Administration, was read by title for a second and final reading. It was moved by McCormick, seconded by Davis, that Ordinance No. 1149 be approved and adopted. Motion carried. Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick Noes: None Absent: None Abstained: None ORDINANCE NO. 1150 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Amending Section 5.66(a)(1) of Chapter 5, Article V, Enforcement, Relating to Used Car and Automobile Dealers and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. It was moved by Davis, seconded by Gonzales, that Ordinance No. 1150 be approved and adopted. Motion carried. Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick Noes: None Absent: None Abstained: None ORDINANCE NO. 1152 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Amending Section 1.9 of Chapter 1 Relating to Absence of Newspaper in the City and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1152 be approved and adopted. Motion carried. Ayes: Malburg, Gonzales, Ybarra, Davis, McCormick Noes: None Absent: None Abstained: None Page 3 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 The Consent Calendar was presented. CONSENT CALENDAR City Treasurer's Department 1. Ratification of the following warrant registers to record the following voided checks: ■ Warrant Register No. 1250 to record voided Check No. 322527 in the amount of $17,130.93 issued to Robovu.com on October 6, 2008. ■ Warrant Register No. 1252 to record voided Check No. 322799 in the amount of $1,011.01 issued to Jerry Winegar on October 20, 2008. ■ Warrant Register No. 1252 to record voided Check No. 322870 in the amount of $300.00 issued to the Chino Optometry Center on November 3, 2008. 2. Ratification of the issuance of checks for Payroll Warrant Register No. 629 covering claims and demands presented during the period of September 14 through October 11, 2008, drawn on Bank of America totaling $2,965,472.72 - $2,365,681.59 paid through electronic funds transfers (EFTS) and $599,791.13 paid through General Warrant Register (Accounting period October 2008). 3. Ratification of City of Vernon Requisitions from the City of Vernon Custody Escrow Account No. 800452 covering claims and demands presented during the period of October 23 through November 18, 2008, drawn on The Bank of New York Mellon Corporation totaling $1,731,892.74, which includes Requisition Nos. CE350 through CE352. 4. Ratification of City of Vernon Requisitions from the Citi Gas Custody Escrow Account No. 800457 covering claims and demands presented during the period of November 1, 2007 through November 18, 2008, drawn on The Bank of New York Mellon Corporation totaling $2,264.00, which includes Requisition No. CG013. 5. Ratification of City of Vernon Requisitions from the Legal Counsel Disbursement Custody Escrow Account No. 800458 covering claims and demands presented during the period of October 23 through November 18, 2008, drawn on The Bank of New York Mellon Corporation totaling $832,322.18, which includes Requisition Nos. LCD480 through LCD495, excluding void Requisition No. LCD481. 6. Ratification of City of Vernon Requisitions from the Remediation Proceeds Fund Custody Escrow Account No. 800460 covering claims and demands presented during the period of October 14 through November 18, 2008, drawn on The Bank of New York Mellon Corporation totaling $1,361.280.20, which includes Requisition No. RPF026. Community Services & Water Department 7. Building Permit Report for the month of October 2008, to be received and filed. Page 4 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 Fire Department 8. Fire Department Activity Report for the period of October 16 through October 31, 2008, to be received and filed. 9. Fire Department Activity Report for the period of November 1 through November 15, 2008, to be received and filed. Health & Environmental Control Department 10. Health & Environmental Control Department Monthly Report for October 2008, to be received and filed. Personnel Department 11. Resignation of Police Officer Kevin Amoroso, effective November 4, 2008, to be received and filed. Police Department 12. Police Department Activity Log for the period of October 16 through October 31, 2008, to be received and filed. 13. Police Department Activity Log for the period of November 1 through November 15, 2008, to be received and filed. End of Consent Calendar It was moved by Davis, seconded by McCormick, that the matters on the Consent Calendar be approved as recommended. Motion carried. Request for authorization for all City Councilmembers and one City Consultant to attend the "California Contract Cities Association 42nd Annual Sacramento Legislative Orientation Tour 2009" to be held in Sacramento, California on January 12- 14, 2009, and for the disbursement of funds for registration, transportation, lodging, and other related expenses, was presented. (Funds not to exceed $2,900.00 per Councilmember and not to exceed $6,400.00 for City Consultant.) It was moved by Gonzales, seconded by Davis, to authorize all City Councilmembers and one City Consultant to attend the "California Contract Cities Association 42nd Annual Sacramento Legislative Orientation Tour 2009" to be held in Sacramento, California on January 12-14, 2009, and to authorize the disbursement of funds for registration, transportation, lodging, and other related expenses, in the not -to -exceed amounts of $2,900.00 per Councilmember and $6,400.00 for City Consultant. Motion carried. Request from the Chief of Police for authorization to issue a purchase order to Science Applications International Corporation (SAIL) in the approximate amount of $23,239.63 for 50 personal dosimeters for all police officers' personal protective emergency gear bags and all black -and -white units, was presented. Page 5 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 It was moved by Gonzales, seconded by Davis, to authorize the issuance of a purchase order to Science Applications International Corporation (SAIC) in the approximate amount of $23,239.63 for 50 personal dosimeters for all police officers' personal protective emergency gear bags and all black - and -white units. Motion carried. RESOLUTION NO. 9760 - A Resolution of the City Council of the City of Vernon Amending Rate Schedule Nos. CS, D, GS-1, GS-2, LS-1, LS-2, OL-1, PA-1, PA-2, PA-TOU, TC-1, TOU-D, TOU-G, TOU-GS-1, GOU GS 2 TOU-GS-2, TOU-I, TOU-PA-1 and TOU-V Regarding Electrical Rates to be Charged for Electrical Energy Distributed and Supplied by the City Within Its Boundaries, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9760 be approved and adopted. Motion carried. RESOLUTION NO. 9761 - A Resolution of the City Council of the City of Vernon Establishing the Rates for Business License Taxes and Related Fees and Deposits Pursuant to Chapter 5 of the Code of the City of Vernon, California, 1959 and Repealing all Resolutions or Parts of Resolutions in Conflict Therewith, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9761 be approved and adopted. Motion carried. RESOLUTION NO. 9762 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Base Contract for Sale and Purchase of Natural Gas By and Between the City of Vernon and ConocoPhillips Company, was read by title. It was moved by Davis, seconded by McCormick, that Resolution No. 9762 be approved and adopted. Motion carried. RESOLUTION NO. 9763 - A Resolution of the City Council of the City of Vernon Authorizing the Director of Community Services & Water to make Necessary Purchases on Behalf of the City of Vernon in Connection with the Purchase and Delivery of Fuel for the City's Fleet Vehicles, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9763 be approved and adopted. Motion carried. RESOLUTION NO. 9764 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions Taken in Terminating the Tenancy of Marcos Aldana and Elysha Aldana at the Property Located at 3378 E. 50th Street in the City of Vernon, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9764 be approved and adopted. Motion carried. RESOLUTION NO. 9766 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Non -Disclosure Agreement By and Between the City of Vernon and Concentrix Solar GmbH, was read by title. It was moved by Gonzales, seconded by Davis; that Resolution No. 9766 be approved and adopted. Motion carried. Page 6 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 RESOLUTION NO. 9767 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of an Amended and Restated Metered Subsystem Agreement By and Between the City of Vernon and the California. Independent System Operator, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9767 be approved and adopted. Motion carried. RESOLUTION NO. 9768 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of an Agreement for Legal Services By and Between the City of Vernon and Kronick, Moskovitz, Tiedemann & Girard, a Professional Corporation, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9768 be approved and adopted. Motion carried. RESOLUTION NO. 9769 - A Resolution of the City Council of the City of Vernon Approving Additional Funding of the Southeast Technology Initiative of the Southeast Technology Collaborative for the Southeast Mobile Technology Lab and Public Awareness Campaign and Authorizing the Director of Industrial Development to take all Actions Necessary to Implement The Initiative, was read by title. Cesar Zaldivar-Motts of the Southeast Community Development Corporation (SCDC) advised that the proposed additional funding would be used to convert the Mobile Technology Lab vehicle to a natural gas vehicle and to purchase additional equipment for the vehicle, including a multi- photo/video lab. It was moved by Gonzales, seconded by Davis, that Resolution No. 9769 be approved and adopted. Motion carried. RESOLUTION NO. 9771 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Administrative Services Agreement with Igoe & Company Incorporated, dba Igoe Administrative Services, Regarding the City's Flexible Benefit Plan, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9771 be approved and adopted. Motion carried. RESOLUTION NO. 9772 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Demand Forecast for 2009, Planning Reserve Margin and Qualifying Capacity Criteria, was read by title. It was moved by Gonzales, seconded by Davis, that Resolution No. 9772 be approved and adopted. Motion carried. RESOLUTION NO. 9773 - A Resolution of the City Council of the City of Vernon Requesting Caltrans to Extend the Use of Federal Earmark Funds regarding Atlantic Boulevard Bridge over the Los Angeles River and Authorizing the Director of Community Services & Water to do all Other Actions Deemed Necessary or Advisable Concerning the Extension, was read by title. It was moved by McCormick, seconded by Gonzales, that Resolution No. 9773 be approved and adopted. Motion carried. Page 7 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 RESOLUTION NO. 9776 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Project Agreement By and Between the City of Vernon and GeoComm Inc. Regarding GIS Mapping for the Police Department Utilizing Buffer Zone Protection Grant Funds, was read by title. It was moved by Davis, seconded by Gonzales, that Resolution No. 9776 be approved and adopted. Motion carried. RESOLUTION NO. 9777 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon and Barclays Capital Regarding Power Resource Assets, was read by title. It was moved by McCormick, seconded by Davis, that Resolution No. 9777 be approved and adopted. Motion carried. Ratification of the issuance of early checks for Warrant Register No. 1253, covering claims and demands presented during the period of October 29 through November 18, 2008, drawn on Bank of America totaling $795,616.69, which includes Check Nos. 322957 through 323023, (Accounting period November 2008), was presented. It was moved by Gonzales, seconded by McCormick, that the issuance of early checks for Warrant Register No. 1253, covering claims and demands totaling $795,616.69, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of wire transfers for Warrant Register No. 1253, covering claims and demands presented during the period of October 29 through November 18, 2008, drawn on Bank of America totaling $69,178.85, which includes Wire Nos. 293 through 295 (Accounting period November 2008), was presented. It was moved by Davis, seconded by Gonzales, that wire transfers for Warrant Register No. 1253, covering claims and demands totaling $69,178.85, be ratified. Motion carried. Warrant Register No. 1253, covering claims and demands presented during the period of October 29 through November 18, 2008, drawn on Bank of America totaling $1,344,307.17, which includes Check Nos. 323024 through 323251 (Accounting period November 2008), was presented. It was moved by McCormick, seconded by Davis, that Warrant Register No. 1253 be approved and payment authorized for claims and demands totaling $1,344,307.17. Motion carried. Ratification of the issuance of early checks for Light & Power Warrant Register No. 218, covering claims and demands presented during the period of October 29 through November 18, 2008, drawn on Bank of America totaling $22,362.71, which includes Check Nos. 506049 through 506065 (Accounting period November 2008), was presented. Page 8 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 It was moved by Gonzales, seconded by McCormick, that the issuance of early checks for Light & Power Warrant Register No. 218, covering claims and demands totaling $22,362.71, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Ratification of wire transfers for Light & Power Warrant Register No. 218, covering claims and demands presented during the period of October 29 through November 18, 2008, drawn on Bank of America totaling $2,730,091.11, which includes Wire Nos. 4129 through 4145, excluding void Wire No. 4129 (Accounting period November 2008), was presented. It was moved by McCormick, seconded by Gonzales, that wire transfers for Light & Power Warrant Register No. 218, covering claims and demands totaling $2,730,091.11, be ratified. Motion carried. Councilman Davis abstained and disqualified himself on this matter. Light & Power Warrant Register No. 218, covering claims and demands presented during the period of October 29 through November 18, 2008, drawn on Bank of America totaling $284,506.30, which includes Check Nos. 506066 through 506106 (Accounting period November 2008), was presented. It was moved by Davis, seconded by Gonzales, that Light & Power Warrant Register No. 218 be approved and payment authorized for claims and demands totaling $284,506.30. Motion carried. Ratification of the issuance of early checks for Gas Warrant Register No. 9, covering claims and demands presented during the period of October 29 through November 18, 2008, drawn on Bank of America totaling $216.35, which includes Check Nos. 58 through 62 (Accounting period November 2008), was presented. It was moved by McCormick, seconded by Davis, that the issuance of early checks for Gas Warrant Register No. 9, covering claims and demands totaling $216.35, be ratified. Motion carried. Ratification of wire transfers for Gas Warrant Register No. 9, covering claims and demands presented during the period of October 29 through November 18, 2008, drawn on Bank of America totaling $5,465.69, which includes Wire No. 0008 (Accounting period November 2008), was presented. It was moved by Gonzales, seconded by McCormick, that the issuance of early checks for Gas Warrant Register No. 9, covering claims and demands totaling $5,465.69, be ratified. Motion carried. Gas Warrant Register No. 9, covering claims and demands presented during the period of October 29 through November 18, 2008, drawn on Bank of America totaling $21,900.12, which includes Check Nos. 63 through 68 (Accounting period November 2008), was presented. It was moved by Davis, seconded by Gonzales, that Gas Warrant Register No. 9 be approved and payment authorized for claims and demands totaling $21,900.12. Motion carried. Page 9 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 The City Administrator announced that this was the time to hold the discussion regarding the granting of additional days off (December 24, 2008 and December 31, 2008) with holiday pay in observance of the Christmas and New Year's holidays. The City Council determined that a formal request for additional days off (December 24, 2008 and December 31, 2008) with holiday pay in observance of the Christmas and New Year's holidays, should be included on the agenda for the City Council Meeting of December 1, 2008. The City Administrator announced that this was the time to hold the discussion regarding City -owned housing to be occupied by Police, Fire, Health, Electric Service and Gas Personnel, and the City Treasurer, and all necessary and appropriate changes to be made in existing City -owned housing. The City Administrator advised that it would be in the City's best interest to withdraw the housing assignment made a few months earlier for Dean Economos to occupy the apartment at 3386 E. 50th Street, and to reassign the City Treasurer to a one - bedroom apartment in the near future. Councilman McCormick recommended that the housing assignment made for John Malburg also be withdrawn. It was moved by McCormick, seconded by Gonzales, that the housing assignments made for Dean Economos and John Malburg be withdrawn. Motion carried. Mayor Malburg abstained and disqualified himself on this matter. The City Administrator announced that this was the time for elected officials to report on conferences/seminars attended during the period of November 3 through November 23, 2008. Mayor Pro-Tem Gonzales advised that he, Councilman Davis, and Councilman McCormick attended the "National League of Cities Annual Conference" in Orlando, Florida from November 11 through 15, 2008. He reported on a session he attended regarding the proper disposal of fluorescent light bulbs and the risks associated with improper disposal, including mercury emissions. The Director of Community Services advised that he would report back to the City Council on the City's fluorescent light bulb disposal process and costs. The Director of Environmental Health advised that his department monitors the Vernon businesses' disposal of fluorescent bulbs. Councilman Davis reported on mobile workshop demonstrations the conference offered on various programs and a session regarding the conversion of waste to energy as an alternative to other renewable energy options. Councilman McCormick reported on the "Plan for First Responders" and "Education Programs" sessions he attended at the conference. Page 10 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 The City Administrator announced that this was the time for reports from departments. The Assistant Fire Chief, who attended the meeting in place of the Fire Chief, had nothing to report at this time. time. The Chief of Police had nothing to report at this The City Treasurer had nothing to report at this time. The Director of Personnel reported on a conference she attended in Monterey, California from November 11 through 13, 2008. She also reminded the City Council and the Department Heads about the upcoming Holiday Party on December 4, 2008, and congratulated the City Council on the Eddy Award. The Finance Director advised that the auditors were currently finalizing the audit and that the official audited financial report would be ready in December. He also congratulated the City Council on winning the Eddy Award. The Risk Manager reported on the Southern California Risk Management Association (SCRMA) Conference he had recently attended and a new trend of medical fraud he learned about at said conference. He also advised of the upcoming open enrollment period for the City's insurance plans. Lastly, he expressed his gratitude to the Police and Fire Departments for their participation in the Health Fair on November 19, 2008. The Director of Environmental Health reported on a solid waste conference he attended and the huge drop in the recycled materials markets. He also advised that the City's Sustainability Program would be introduced to the community in January 2009. Lastly, he wished the City Council a "Happy Thanksgiving." The Director of Community Services had nothing to report at this time, but wished the City Council a "Happy Thanksgiving. The Director of Light & Power reported on the fluctuating rates within the energy markets and the decrease in outages at the Malburg Generating Station. The Director of Human Resources advised that she was currently working with the Personnel and Risk Management Departments to put together a resolution that would encompass all employee benefits and the administration of those benefits. She also reported on changes in medical benefits for retirees that affected the coverage for retirees' spouses under age 65. The Director of Industrial Development acknowledged the Assistant Director of Industrial Development, Robert Toering, for the integral role his efforts played in the City receiving the LAEDC's Eddy Award. time. The City Clerk had nothing to report at this time. The City Administrator had nothing to report at this Page 11 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 The City Council had nothing to report at this time. The Mayor called a short recess at 11:45 a.m. The City Council reconvened in regular session at 11:55 a.m., all members present before the recess again being present. The City Administrator announced that this was the time to go into closed session. It was moved by Gonzales, seconded by McCormick, that the City Council go into closed session, the time being 11:55 a.m. Motion carried. Everyone was excluded from closed session. The City Administrator entered closed session at 12:00 p.m. at the request of the City Council. The City Attorney, Director of Human Resources, Risk Manager, and Director of Personnel entered closed session at 12:42 p.m. at the request of the City Council. Councilman Ybarra excused himself from closed session at 12:42 p.m. The Director of Personnel was excused from closed session at 1:00 p.m. The Director of Light & Power entered closed session at 1:00 p.m. at the request of the City Council. It was moved by McCormick, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 1:30 p.m. Motion carried. It was reported out that the City Council had a conference in closed session regarding two Employee Discipline/Dismissal/Release matters pursuant to Government Code Section 54957, and the recommendations of the respective Department Heads for both matters were approved. It was reported out that the City Council had a conference in closed session regarding one Public Employment matter pursuant to Government Code Section 54957, and approval was granted to hire Edwin Ochoa as an Administrative Clerk, step 6, effective November 25, 2008. It was reported out that the City Council had a conference in closed session regarding six Employee Evaluation matters pursuant to Government Code Section 54957, and merit step increases were granted to the following employees as specified: 1. Anthony Serrano, Customer Service Supervisor, from step 6 to step 5, effective November 24, 2008. 2. Fernando Flores, Field Crew, from step 6 to step 5, effective November 24, 2008. 3. Marisela Martinez, Account Clerk, from step 2 to step 1, effective November 24, 2008. 4. Jeremy Cross, Police Officer, from step 2 to step 1, Page 12 of 13 Rescheduled Regular City Council Meeting Minutes November 24, 2008 effective November 30, 2008. 5. Stella Pasillas, Senior Administrative Assistant, from step 3 to step 2, effective December 7, 2008. 6. George Tolmasoff, Utilityman IV, from step 5 to step 4, effective December 7, 2008. It was reported out that the City Council had a conference in closed session with legal counsel regarding one potential case of litigation pursuant to subdivision (b) of Government Code Section 54956.9, and no action was taken with regard to said matter. It was reported out that the City Council had a conference in closed session with legal counsel regarding two potential cases of litigation pursuant to subdivision (c) of Government Code Section 54956.9, and no action was taken with regard to said matters. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting be adjourned, the time being 1:30 p.m. Motion carried. ATTEST: Marduela Giron City Clerk attde� Leonis {C. Mal urg Title: Mayor Page 13 of 13