19921029 Regular City Council Meeting - Minutes
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MINUTES OF THE ADJOURNED REGULAR CITY
COUNCIL MEETING OF THE CITY OF VERNON
HELD OCTOBER 29, 1992 AT 5 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE, VERNON
CALIFORNIA
MEMBERS PRESENT: Ybarra, Gonzales, McCormick, Davis,
Malburg (arrived at 5:01 p.m.)
MEMBERS ABSENT: None
The meeting was called to order by Thomas A. Ybarra,
Mayor Pro Tern.
Mayor Malburg arrived at 5:01 p.m. and proceeded to
Chair the meeting.
It was moved by Gonzales, seconded by Davis to open
the Hearing to consider the matter of the Southern California Gas
Company's appeal regarding its application for an Encroachment
Permit filed May 28, 1992. Motion carried.
David B. Brearley, City Attorney, advised the Mayor
that due to his involvement with the Water District, that he
should excuse himself from participating in the hearing.
Mayor Malburg agreed and turned the gavel over to Mr.
Ybarra, Mayor Pro Tem, and took a seat in the audience.
The City Clerk recommended to the City Council that
all department heads be excused, and the Mayor Pro Tern excused
all department heads except the Director of Community Services,
Victor H. Vaits.
David B. Brearley, City Attorney, advised that all
persons giving testimony, when doing so, should step to the
pOdium to speak. He also advised that the court reporter should
swear in all those at this time who are going to testify during
this hearing, and asked that those persons please stand in order
to be sworn in.
The court reporter swore in victor Vaits, David
Carroll, Tom Love, and Cameron A. Raether.
The court reporter was in attendance to record the
testimony of this hearing.
David B. Brearley advised that he would like to
submit at this time his communication dated October 29, 1992
transmitting all the City's legal pleadings in the litigation
relating to the Southern California Gas Company's appeal, which
was marked as Exhibit 1 by the Chief Deputy City Clerk.
Roger Wilner, Attorney for the Department of
Community Services, submitted a report from victor vaits,
Director of Community Services, dated October 29, 1992, together
with his Exhibits A thru R which was marked as Exhibit 2 by the
Chief Deputy City Clerk, and advised that he would like to
proceed with questioning Mr. vaits.
The Mayor Pro Tern advised Mr. Wilner to proceed with
his questioning.
At this time, 6:35 p.m., the Mayor Pro Tern declared a
recess.
The Hearing resumed at 6:41 p.m.
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Adjourned City Council Meeting Minutes
page 2
October 29, 1992
Mr. Wilner, Attorney for the Department of Community
Services, submitted a communication from Bruce V. Malkenhorst,
City Administrator/City Clerk dated October 29, 1992, which was
marked as Exhibit 3 by the Chief Deputy City Clerk.
It was moved by Gonzales, seconded by Davis, that the
three groups of documents marked by the Chief Deputy City Clerk
as Exhibits 1, 2 and 3 be received and filed and accepted as
evidence. Motion carried.
At this time, the Gas Company wished to reference
their five volumes of documents which had been submitted on
Tuesday, October 27, 1992 at 5 p.m, which were marked as Exhibit
4 by the Chief Deputy City Clerk.
It was moved by McCormick, seconded by Gonzales, that
Exhibit 4 from the Gas Company, consisting of five volumes be
received and filed and accepted as evidence, with the exception
of items numbered 60 and 67 as they are not complete at this
time. Motion carried.
Mr. Steve O'Neill, attorney for Central Basin
Municipal Water District, referenced his letter dated October 27,
1992, and submitted the documents listed therein, which was
marked as Exhibit 5 by the Chief Deputy City Clerk.
It was moved by Davis, seconded by Gonzales, that
Exhibit 5 from Central Basin Municipal Water District be received
and filed and accepted as evidence. Motion carried.
The City Attorney stated that this concluded the
testimony and evidence portion of the Hearing and recommended
that the appeal be taken under submission.
It was moved by McCormick, seconded by Davis, to
close the Hearing, the time being 8:20 p.m. Motion carried.
The Mayor Pro Tern declared a recess at 8:20 p.m.
The Council reconvened at 8:25 p.m., all Council
members present before the recess again being present.
It was moved by McCormick, seconded by Davis, that
the Council go into Closed Session, Personnel, pursuant to
Government Code section 54957, the time being 8:26 p.m. Motion
carried.
All persons with the exception of the City Clerk were
excluded from Closed Session.
The Mayor Pro Tern ordered all communications to and
from Closed Session deemed privileged and confidential.
It was moved by McCormick, seconded by Gonzales, that
the Council go out of Closed Session and resume regular session,
the time being 8:31 p.m. Motion carried.
It was moved by McCormick, seconded by Davis, that
Police Department Dispatcher Minerva Amaro be terminated
effective October 28, 1992, based on her failure to pass
probation. Motion carried.
It was moved by McCormick, seconded by Davis, that
Police Officer Walter Hernandez be terminated effective October
28, 1991, based on his failure to pass probation. 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, the time being 8:35 p.m.
Motion carried.
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Adjourned City Council Meeting Minutes
page 3
ATTE~ /frZ~~
Bruce V. Malkenhorst
City Clerk
October 29, 1992
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