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19880426 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 26, 1988, AT 4:45 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: None I Mayor Malburg called the meeting to order. RESOLUTION NO. 5503 - A Resolution of the City Council of the City of Vernon, California, Reciting the Fact of the General Municipal Election Held on April 12, 1988, Declaring the Result Thereof and Such Other Matters as Provided by Law, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5503 be approved and adopted. Motion carried. The City Clerk issued a certificate of Election to both Councilman Gonzales and Davis, and administered the Oath of Office prescribed in the State Constitution. Communication from Bruce V. Malkenhorst, City Clerk, dated April 20, 1988, advising that now is the time for the selection of the Mayor and Mayor Pro-Tern, was presented. It was moved by Ybarra, seconded by McCormick, that Leonis Malburg be elected as Mayor. Motion carried. It was moved by Gonzales, seconded by Davis, that Thomas Ybarra be elected as Mayor Pro tern. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 20, 1988, advising that now is the time for the selection of members for the following committees and commissions: Personnel Committee Finance Committee Police & Fire Commissions It was moved by Gonzales, seconded by Davis, that Councilmen Ybarra, Malburg, and Davis be reappointed as members of the Personnel Committee. Motion carried. I It was moved by Gonzales, seconded by Davis, that Councilmen Ybarra, Malburg, and Gonzales be reappointed as members of the Finance Committee. Motion carried. It was moved by Gonzales, seconded by Davis, that Council- men Ybarra, Malburg, and McCormick be reappointed as members of the Police & Fire Commissions. Motion carried. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council meeting held AprilS, 1988 be approved as written and adopted. Motion carried. Police Department Activity Log for the period April 1, thru IS, 1988, was presented, It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period April 1, 1988 thru 15, 1988 be received and filed. Motion carried. Fire Department Activity Report for the period April 1, thru IS, 1988, was presented. 0 L 91 City Council Minutes page 2 April 26, 1988 It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Log for the period April I, 1988 thru IS, 1988 be received and filed. Motion carried. Health Department Report for the month of March, 1988, was presented. It was moved by Davis, seconded by McCormick, that the Health Department Report for the month of March be received and filed. Motion carried. I Time allotted for anyone in the audience who wishes to address the Council on any matters listed on today's agenda, except for matters pertaining to Public Hearings. At this time Mr. Ned Rockwell came before the Council and addressed the matter of Uintah Freightway's Conditional Use Permit Application and asked if there was any consideration that could be given his firm with regard to allowing them to stay at 4366 26th Street until they could relocate. Mr. Rockwell stated that they have been looking for a new location for some time however have not been able to find anything suitable and since the situation is not their fault possibly the Council would consider allowing them to stay at that location until a new facility is found. Kathy Flint of Consolidated Garments came before the Council to request any consideration the Council may give her firm with regard to their conditional use permit application. Ms. Flint stated that she is in the same situation as Mr. Rockwell as they both lease property from DeWitt Mail Services at that loca- tion, who has had their Conditional Use Permit revoked due to not meeting all the conditions set forth in said permit. She stated that they have been looking elsewhere to place their trucking facility to no avail and would appreciate any consideration the Council could give in this matter. Sandra Southworth of Rideon Services came before the Council to inquire about the Conditional Use Permit Application for Superior Assembly & Distribution to be located at 5525 Santa Fe Avenue. The City Attorney advised Ms. Southworth this matter should be addressed during the Public Hearing. It was moved by Ybarra, seconded by Davis to open the Public Hearing to consider an application for a Conditional Use Permit from Superior Assembly & Distribution, Inc., for a truck terminal at an existing facility located at 5525 Santa Fe Avenue. I Sandra Southworth of Rideon Services cam before the Council to ask if this was presently operational. Mr. Vaits responded that at this time it was not. Ms. Southworth: and for how long? Vaits: I don't know, I do not have that information in front of me. Southworth: What is the date of the application? Vaits: March 30, 1988 received at 1411 Hrs. Southworth: Which General Plan does that fall under. Vaits: The Draft General Plan as adopted by our interim Resolution. I don't know the number off the top of my head but it was the October 1987 Draft. Southworth: If it is the latest one adopted, which area would Superior Assembly be located in? ..~. 1671 City Council Minutes page 3 April 26, 1988 Vaits: General Industrial Area. This is a non- conforming use. Communication from Victor Vaits, Director of Community Services, dated April 20, 1988, was presented, advising that Superior Assembly and Distribution, Inc., has applied for a Condi- tional Use Permit to operate a truck terminal on their property at 5525 Santa Fe Avenue, and transmitting the following documents: 1. Request for a Conditional Use Permit and information supporting the permit application; I 2. Notice of public hearing, copies of noti- fication letters to owners and tenants in the area and affidavits of posting and mailing; 3. Environmental Information Form; 4. Engineers Report Superior Assembly and Distribution, Inc., was found to be categor- ically exempt from the California Environmental Quality Act pro- cess, since they are using an existing truck terminal and the facility is not being expanded. Mr. Vaits advises that in his opinion the proposed operation will pose no adverse effects to the City of Vernon and will not have a significant effect on the environment, and no mitigating measures are required. Mr. Vaits hereby recommends that the Conditional Use Permit be granted contingent upon the following conditions: 1. The facility be operated in accordance with the appropriate codes, rules, regulations and permit fees as adopted by the City of Vernon; 2. Any hazardous substances used or handled are required to have prior approval from the Vernon Fire and Health Departments; 3. The number of employee parking spaces re- quired per the Vernon City Code must be provided and maintained; 4. The truck and trailer storage and parking plan shall be approved by the Director of Community Services and the Fire Chief prior to occupancy; I 5. Construct frontage improvement per City of Vernon master plan of streets and City stand- ards as established by the Director of Community Services along Santa Fe Avenue and 55th Street. Frontage improvements will include, but are not limited to, sidewalk where necessary, a 30" high barrier wall along the property line and the construction of a 50 foot curb return at the southwest corner of Santa Fe Avenue and 55th Street and the relocation of power poles, anchor, traffic signals, pull boxes and any other objects interfering. It was moved by Gonzales, seconded by Ybarra, that the Public Hearing on Superior Assembly & Distribution's application for a Conditional Use Permit be closed. Motion carried. It was moved by Ybarra, seconded by Gonzales that a Conditional Use Permit be granted to Superior Assembly & Distribu- tion contingent upon the conditions as presented by Victor Vaits during the public hearing. Motion carried. 1672 City Council Minutes page 4 April 26, 1988 It was moved by Ybarra, seconded by Davis, that the communications submitted by Victor Vaits, Director of Community Services during the public hearing for Superior Assembly & Distri- bution be received and filed. Motion carried. Continuation of the Public Hearing in the matter of the application of the construction and operation of a 120 KW Engine/Generator to be located at 6062 Alcoa Avenue (continued from AprilS, 1988 Regular City Council Meeting). I Communication from David B. Brearley, City Attorney, dated April 21, 1988, recommending that the conditional use permit of American Private Power, Inc. be deemed abandoned and taken off the City Council agenda. It was moved by McCormick, seconded by Davis, that the communication from the City Attorney regarding American Private Power be received and filed and the matter be deemed abandoned and removed from the agenda. Motion carried. Communication from Victor Vaits, Director of Community Services, dated April 20, 1988. regarding the conditional use permit application from Uintah Freightways, Inc., for the operation of a truck terminal at 4366 26th Street and advising that at this time there is not an adequate solution for the sewer and frontage improvement problems. The possibility exists that hazardous substances are now being dumped into this site's septic tank which could possibly damage the water table. Based on the applicant's refusal to construct the necessary sewer, it is still recommended by Mr. Vaits that Uintah Freightways' conditional use permit be denied, was presented. Communication from Victor H. Vaits, Director of Community Services, dated February 18, 1988, regarding the conditional use permit application from Uintah Freightways, Inc., for the opera- tion of a truck terminal at 4366 26th Street and advising that it is still his recommendation to deny the conditional use permit (deferred from AprilS, 1988 City Council Meeting), was presented. Communication from Victor Vaits, Director of Community Services, dated January 20, 1988, was presented, (deferred from the March 15, 1988, City Council meeting) advising that Uintah Freightways has applied for a conditional use permit to operate a truck terminal at 4366 26th Street, and transmitting for consider- ation the following supporting documents: 1. request for a conditional use permit and infor- mation supporting the permit application; I 2. Notice of a public hearing, copies of notifica- tion letters to owners and tenants in the area, and affidavits of posting and mailing; 3. Environmental Information Form; 4. Engineers Report. Uintah Freightways, Inc., was found to be found categorically exempt from the California Environmental Quality Act process, since they are using an existing truck terminal and not expanding the facility. Mr. Vaits advises that in his opinion the proposed operation will pose no adverse effects to the City and will not have a significant effect on the environment; and no mitigating measures are required. However, it is recommended that the conditional use permit be DENIED on the basis of the owner of the property not complying with conditions placed on the initial conditional use permit obtained by them. It is recommended that no further conditional use permits be granted for said property until the conditions of the first permit are met. 1673 City Council Minutes page 5 April 26, 1988 It was moved by Gonzales, seconded by Ybarra, that the conditional use permit for Uintah Freightways, Inc., be denied based on the recommendation of Mr. Vaits as submitted in his aforementioned letters, and that the communications dated April 20, 1988, February 18, 1988, and January 20, 1988 be received and filed. Motion carried. I Communication from Lewis R. Adams, Director of Water & Power, dated February 23, 1988, was presented, transmitting a copy of a proposed new Joint Pole Agreement to be effective January 1, 1988. This Agreement has been reviewed by the Water & Power Department and it is hereby recommended that said agreement be approved and the Mayor and City Clerk be authorized to execute same (deferred from April 5, 1988 City Council Meeting). The City Attorney reported to the Council briefly on his reservations with approving said agreement at this time. He advised that Vernon is not a voting member and feels that the Council and the administrative staff should be made aware of how Vernon can become a voting member. It was moved by McCormick, seconded by Gonzales, that the matter of the joint pole agreement and the communication from Lewis Adams, Director of Water & Power be deferred. Motion carried. RESOLUTION NO. 5488 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Southern California Joint Pole Agreement providing for the Joint Ownership and Occupancy of Poles in the State of California and Elsewhere (deferred from April 5, 1988 City Council Meeting). It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5488 be deferred. Motion carried. Consideration of the City of Vernon making a binding commitment to pay a portion of the development costs relating to the Mead-Adelanto project development activities, with a payment of $111,177.15 on July 14, 1988 and a payment of $216,596.09 on November 30, 1988 (deferred from April 5, 1988 City Council Meeting). It was moved by Ybarra, seconded by Davis, that the con- sideration of a binding commitment to pay a portion of the devel- opment costs relating to the Mead Adelanto Project development activities be deferred to the first city council meeting in May. Motion carried. I Communication from Victor Vaits, Director of Community Services, dated April 20, 1988, regarding the conditional use permit application submitted by Consolidated Garments, Inc., for a truck terminal at 4366 26th Street and advising there is still no adequate solution for the sewer and frontage improvement problems. The possibility exists that hazardous substances are now being dumped into this site's septic tank which could possible damage the water table. Based on the applicant's refusal to construct the necessary sewer, it is still recommended by Mr. Vaits that Consolidated Garments' conditional use permit be denied, was presented. Communication from Victor Vaits, Director of Community Services, dated February 18, 1988, (deferred from April 5, 1988 City Council meeting) advising that Consolidated Garments, Inc. has applied for a conditional use permit to operate a truck termi- nal at 4366 26th Street and transmitting the following supporting documents: 1. request for a conditional use permit and information supporting the permit application; 1674 City Council Minutes page 6 April 26, 1988 2. notice of a public hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing; 3. environmental information form; 4. engineering report. I The Director of Community Services advises that the proposed operation will pose no adverse effects to the City and will not have a significant effect on the environment and no mitigating measures are required, however, it is hereby recommended to Council to deny the conditional use permit. The owner of the property, DeWitt Mail Services, was granted a conditional use permit in September 1986 and is not adhering to the conditions set for said use permit. It was moved by Davis, seconded by Gonzales, that the communications from the Director of Community Services regarding Consolidated Garments, Inc., application for a conditional use permit dated April 20, 1988 and February 18, 1988, be received and filed. Motion carried. It was moved by Davis, seconded by Gonzales, that the application for a conditional use permit for Consolidated Garments, Inc., be denied based on the recommendation of Victor Vaits, Director of Community Services. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 21, 1988, transmitting the agenda for the Personnel Committee Meeting to be held April 25, 1988 and recom- mending approval of recommendations contained thereon. It was moved by McCormick, seconded by Gonzales, that the recommendations listed on the Personnel Committee Agenda for April 25, 1988, be approved as written. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated April 14, 1988, transmitting the minutes of the Adjourned Regular Finance Committee Meeting held April 11, 1988, and recommending approval of recommendations contained thereon. It was moved by Ybarra, seconded by McCormick, that the minutes of the Finance Committee Meeting held April 11, 1988 be approved and adopted. Motion carried. I RESOLUTION NO. 5506 - A Resolution of the City Council of the City of Vernon Amending Section 7 and Exhibit "A", Schedule II, Page 10 of Resolution No. 5405, 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. 5506 be approved and adopted. Motion carried. RESOLUTION NO. 5507 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property From the Light and Power Department Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5507 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 7, 1988, requesting authority and funds for Sharon Duckworth, Supervising Accountant, to attend the California Society of Munci- pal Finance Officers 1988 Legislative Seminar in Sacramento on May 12, 1988, with an expense allowance of $193.00, was presented. 1675 City Council Minutes page 7 April 26, 1988 It was moved by McCormick, seconded by Gonzales, that authority be granted to issue warrant to Sharon Duckworth in the amount of $193 for her attendance to the above referenced conference. Motion carried. I Communication from Bruce V. Malkenhorst, City Clerk, dated April 18, 1988, requesting authority and funds for himself, Mayor Pro-Tem, Thomas A. Ybarra, and Councilman, William Davis to attend the League of California Cities 1988 Legislative Conference in Sacramento May 22 thru 24, 1988, with an expense allowance of $699.00 each, was presented. It was moved by Gonzales, seconded by Gonzales, that authority be granted for the City Clerk, Mayor Pro tem and Councilman Davis to attend the above referenced seminar with an expense allowance of $699. Motion carried. Communication from Norman Michiels, Director of Environmental Health, dated April 13, 1988, requesting authority and funds for Dan Downing to attend a class entitled "A Short Course for the Training of Cross-Connection Control Program Specialists" at the University of Southern California May 16 to 20, 1988 with an expense allowance of $651.10, was presented. It was moved by Ybarra, seconded by Gonzales, that authority be granted to issue a warrant to Dan Downing for his attendance to the above referenced seminar in the amount of $651.10. Motion carried. Consideration of a claim for damages from Jerome A. Bakke. It was moved by McCormick, seconded by Davis, that this matter be deferred to closed session. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 20, 1988, transmitting the computation report as submitted by Lew Adams, Director of Light & Power, determining the Energy Cost Adjustment Billing Factor for the next three month period. Based on actual fuel expenses and revenues, and Southern California Edison Company's forecast of fuel cost for the next three months, the new factor is negative $.01721 per kilowatt hour. It is hereby recommended that the negative factor of $.01721 per kilowatt hour be adopted to be effective May I, 1988, was presented. It was moved by McCormick, seconded by Ybarra, that the communication from Lewis Adams regarding the ECABF be received and filed and that a new factor of negative $.01721 per KWH be approved effective May 1, 1988. Motion carried. I RESOLUTION NO. 5508 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Supplied to its Electrical Customers, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5508 be approved and adopted. Motion carried. Communication from Victor Vaits, Director of Community Services, dated April 18, 1988, was presented, transmitting a fully executed Grant Deed from Santa Fe Land Improvement Company for a strip of land 14 feet wide, approximately 779 feet long, fronting on Exchange Avenue between Downey Road and Maywood Avenue; and a strip of land 7 feet wide, approximately 541 feet long, fronting on Maywood Avenue between Exchange Avenue and District Boulevard. 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 execute same. 1676 City Council Minutes page 8 April 26, 1988 It was moved by Gonzales, seconded by Davis that the Grant Deed from Santa Fe Land Improvement Company referenced above be accepted, the certificate of acceptance be approved and the Mayor and City Clerk be authorized to execute same; and that said communication be received and filed. Motion carried. I Communication from Victor Vaits, Director of Community Services, dated April 18, 1988, transmitting a fully executed Easement from Hertz Penske Truck Leasing, Inc., for a 10 by 20 foot parcel of land at 2727 Santa Fe Avenue, and recommending that the property be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to execute same, was presented. It was moved by McCormick, seconded by Ybarra, that the above mentioned easement from Hertz penske Truck Leasing be approved, the certificate of acceptance be approved and the Mayor and City Clerk authorized to execute same. Motion carried. Communication from Lewis Adams, Director of Light & Power, dated April 13, 1988, transmitting a proposed Quitclaim Deed for property located between Exchange Avenue and District Boulevard (originally called the Produce Plaza area) that Santa Fe Land Improvement Company had previously granted to the City of Vernon for water easement purposes. Water lines have been relocated and a new easement written for water purposes and it is hereby recom- mended that approval be granted to quitclaim the property back to Santa Fe Land Improvement Company and authority be granted for the Mayor and City Clerk to execute same, was presented. It was moved by Davis, seconded by Gonzales, that the aforementioned Quitclaim Deed to Santa Fe Land Improvement Company be approved and the Mayor and City Clerk be authorized to execute same. Motion carried. Communication from Lewis Adams, Director of Light & Power dated April 13, 1988, transmitting a fully executed Easement from Santa Fe Land Improvement Company to Vernon for a 12" water main in the west side of Produce Plaza between District Boulevard and Exchange Avenue, and recommending that the property be accepted, the Certificate of Acceptance be approved, and authority be granted for the Mayor and City Clerk to execute same, was presented. I It was moved by Ybarra, seconded by McCormick, that authority be granted to accept the aforementioned easement from Santa Fe Land Improvement Company, the certificate of acceptance be approved and the Mayor and City Clerk authorized to execute same. Motion carried. Warrant Register No. 739 covering claims and demands presented during the period of April 1 thru 15, 1988, which includes Demand Nos. 17009 thru 17304 (inclusive) excluding Void Demand Nos. as listed below, excluding Light & Power Demands drawn on the First Interstate Bank totaling $299,643.87 (accounting period April, 1988), was examined and audited. 17049 17052 17061 17062 17063 17064 17065 17232 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 739 be approved and payment authorized for Demand Nos. 17009 thru 17304, in the amount of $299,643.87, excluding Void Demand Nos. listed above and excluding Light & Power Demands. Motion carried. Warrant Register No. 739 covering claims and demands presented during the period of April 1 thru 15, 1988, which includes Light & Power Demand Nos. as listed below, drawn on the First Interstate Bank totaling $5,047,353.10 (accounting period April, 1988), was examined and audited. 1677 City Council Minutes April 26, 1988 page 9 17011 17030 17078 17140 17166 17204 17228 17275 17016 17041 17084 17141 17172 17206 17229 17287 17017 17044 17085 17148 17188 17213 17233 17292 17018 17058 17090 17152 17189 17218 17240 17300 17019 17059 17104 17156 17192 17219 17268 17301 17022 17060 17109 17159 17197 17220 17270 17302 17023 17066 17127 17161 17202 17227 17271 17303 I It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 739 be approved and payment authorized for Light & Power Demands as listed above in the amount of $5,047.353.10. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Consideration of a Letter Agreement between the Southern California Edison Company and the City of Vernon which amends the Edison-Vernon Agreement for Integration and Interruptible Trans- mission of Non-Firm Energy Purchased by Vernon from the California Department of Water Resources. It is anticipated that the staff will recommend the approval of said Agreement and request the adoption of the following resolution: RESOLUTION NO. 5504 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the Southern California Edison Company and the City of Vernon Which Amends the Agreement for Integration and Interruptible Transmission of Non-Firm Energy Purchased by Vernon From the State of California Department of Water Resources, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5504 be approved and adopted. Motion carried. Councilman Davis abstained from voting on said motion and dis- qualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Motion carried. Communication from David B. Brearley, City Attorney, dated April 21, 1988, was presented recommending that the City Council approve a contract between the United States Department of Energy, Western Area Power Administration, and the City of Vernon for fuel replacement energy service; and that the City Council adopt the following resolution: I RESOLUTION NO. 5509 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract Between the United States Department of Energy, Western Area Power Administration, and the City of Vernon for Fuel Replacement Energy Service, was presented. It was moved by McCormick seconded by Ybarra, that the communication from the City Attorney regarding the approval of the above referenced contract be received and filed, and that Resolution No. 5509 be approved and adopted. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Consideration of an Agreement between the Southern California Edison Company and the City of Vernon for the integra- tion and interruptible transmission of non-firm energy from the Mead Substation in Nevada from the Western Area Power Administra- tion (WAPA) and various other utilities. It is anticipated that the staff will recommend the approval of said Agreement and re- quest the adoption of the following resolution: 1678 City Council Minutes page 10 April 26, 1988 RESOLUTION NO. 5510 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract Between Southern California Edison Company and the City of Vernon for the Integration and Interruptible Transmission of Non-Firm Energy Purchased by Vernon at the Mead Substation in Nevada From the Western Area Power Administration and Other Utilities, was presented. I It was moved by McCormick, seconded by Gonzales, that the consideration of an agreement between Southern California Edison Company and the City of Vernon for the integration and interruptible transmission of non-firm energy from the Mead Substation in Nevada and Resolution No. 5510 be deferred. Motion carried. RESOLUTION NO. 5505 - A Resolution of the City Council of the City of Vernon Amending Section 1 and Appendix No. 1 of Resolution No. 4733, as Amended by Resolution Nos. 5255 and 5478, Which Adopted Conflict of Interest Codes That Incorporated by Reference the Standard Model Conflict of Interest Code of the Fair Political Practices Commission, was presented. It was moved by Gonzales, seconded by Ybarra, that resolution No. 5505 be approved and adopted. Motion carried. The Mayor requested whether there was any comments to be submitted from the audience. Mr. Ross H. Palfreyman of the Law offices of Richard B. Newton appeared and discussed particular matters of concern to his clients, Vernon Warehouse company, Sweetener Products Company, and Modern Foods, Inc. He handed a copy of his April 26, 1988 letter to the City Clerk. The City Attorney indicated that since this matter had not been submitted to the Clerk's office prior to 3:00 p.m. on the Thursday before the Council meeting, or April 21, 1988, it was not placed on the agenda and pursuant to the Brown Act could not be discussed and no action could be taken in respect to the communica- tion. Mr. William D. Ross of the law firm of Ross and Scott appeared on behalf of his client, Central City South Association, and read a letter of April 26, 1988, directed to the Council and handed a copy of said letter to the City Clerk. The City Attorney indicated that since this matter had not been submitted to the Clerk's office prior to 3:00 p.m. on the Thursday before the Council meeting, or April 21, 1988, it was not placed on the agenda and pursuant to the Brown Act could not be discussed and no action could be taken in respect to the communication. I It was moved by McCormick, seconded by Ybarra, that the council recess to Closed Session, pursuant to Government Code Sections 54956.9(a) and 54956.9(b) (I) to confer with its attorney regarding pending litigations, the time being 6:45 p.m. Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. Councilman Davis was excused from Closed Session, the time being 7:44 p.m. Councilman Davis resumed his seat before the Council the time being 7:54 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 8:00 p.m. Motion carried. 1679 City Council page 11 April 26, 1988 The City Attorney indicated that the City of Los Angeles and Southern California Edison Company had entered into an agreement which provided for the transfer of various transmission rights and submitted said agreement for filing with the Federal Energy Regulatory Commission in FERC Docket No. ER88-300 for approval. He recommended that the City Council ratify his actions in filing a motion to intervene in said proceeding in order to protect the City of Vernon's claims to certain transmission rights from Southern California Edison Company. I It was moved by Ybarra, seconded by McCormick, that the City Attorney's recommendation be approved and his actions are hereby ratified. Motion carried. There being no further business to come before the Council it was moved by Gonzales, seconded by McCormick, that the meeting adjourn. Motion carried. ATTEST: ~/dUb,r Bruce V. Malkenhorst City Clerk ~. I 1680 NOTICE OF ADJOURNMENT OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON I I HEREBY CERTIFY THAT A REGULAR MEETING OF THE ,CITY COUNCIL OF THE CITY OF VERNON TO BE HELD TUESDAY, April 19, 1988, IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY CLERK UNTIL TUESDAY, April 26, 1988, AT 4:45 p.m. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON ~ /~ Bruce V. Malkenhorst City Clerk I