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19940816 Regular City Council Meeting - Minutes I I ORDER OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD AUGUST 16, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY COUNCIL (QUORUM PRESENT) TO TUESDAY, AUGUST 23, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOC ED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA Clerk AFFIDAVIT OF POSTING ORDER OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon, do hereby certify that I did, on the 17th day of August, 1994, have posted: The above Order of Adjournment for the City Council Meeting held August 16, 1994. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Date OOA I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 16, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned City Council Meeting held June 30, 1994, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the Adjourned Regular City Council Meeting held July 12, 1994, be approved as submitted and adopted. Motion carried. It was moved by Davis, seconded by Ybarra, that the Minutes of the City Council Meeting held July 19, 1994, be approved as submitted and adopted. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Minutes of the City Council Meeting held August 2, 1994, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 11, 1994, was presented, advising that the below listed employees have qualified in the month of July for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Date of Hire Employee Award 2 Years 2 Years 3 Years 4 Years 4 Years 4 Years 5 Years 5 Years 7 Years 07/27/92 03/09/92 07/08/91 09/28/86 07/09/90 07/01/90 01/04/82 07/01/87 08/19/84 Richard Sweeney, Power Engineer Stacy Waterfall, Dispatcher Todd Slezak, Police Officer Gerald Chavez, utilityman Kenneth DeDario, Dir. of Light/power Ali Nour, Electrical Eng. Assoc. Brian Adel, civil Engineer Adam Alvarez, utilityman Luis Reynoso, utilityman The Mayor presented the above listed employees with their respective awards and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their respective awards were accepted by their respective department head or supervisor: 05/19/91 07/08/91 12/09/85 12/16/85 Gerardo Farias, utilityman David Rumley, Police Officer Rex Hill, Police Officer Steven Hartsfield, utilityman 3 Years 3 Years 4 Years 5 Years The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:13 p.m., all members present before the recess again being present. 4983 I I City Council Minutes page 2 August 16, 1994 Police Department Activity Log for the period August 1 thru 15, 1994, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period August 1 thru 15, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period August 1 thru 15, 1994, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period August 1 thru 15, 1994, be received and filed. Motion carried. Health Department Report for the month of July, 1994, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of July, 1994, be received and filed. Motion carried. Risk Management Report for the month of July, 1994, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of July, 1994, be received and filed. Motion carried. The City Clerk advised that now was the time for anyone in the audience to address the Council on any matter listed 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 on any matter listed on the agenda other than with regard to any Public Hearings that may be listed. There was no one in the audience who wished to address the Council at this time. HEARING on the appeal by Central Basin Municipal Water District of the Acting Director of Community Services's denial of their request for an Encroachment Permit for Rio Hondo Water Reclamation Project Phase II. It was moved by Ybarra, seconded by Davis, that the aforementioned Hearing pertaining to Central Basin Municipal Water District be continued to an Adjourned City Council Meeting to be held on August 23, 1994. Motion carried. It was moved by Ybarra, seconded by McCormick, to open the PUBLIC HEARING to consider a request from Academy Tent and Canvas for a Variance to allow the tenant to utilize two non- conforming truck loading spaces at 5035 Gifford Avenue, the time being 5:18 p.m. Motion carried. Kevin Wilson, Acting Director of community services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated August 11, 1994, was presented, advising that Academy Tent and Canvas has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 5035 Gifford Avenue, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. 4982 I I City Council Minutes page 3 August 16, 1994 The building has four conforming truck loading spaces and two non-conforming spaces that are 8.5 feet wide and 39.9 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming spaces. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the following Condition: 1. The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked if there was anyone in the audience who had any questions on this matter. There were no questions. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to the Variance request from Academy Tent and Canvas, the time being 5:20 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated August 11, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Academy Tent and Canvas contingent upon their adherence to the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6499 - A Resolution of the City Council of the City of Vernon Granting a Variance to Academy Tent and Canvas, From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 5035 Gifford Avenue in the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6499 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Hollander Home Fashions Corporation for a Variance to allow the tenant to utilize two non-conforming truck loading spaces at 4553 Seville Avenue, the time being 5:20 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated August 11, 1994, was presented, advising that Hollander Home Fashions Corporation has submitted an application for a Variance from the Comprehensive zoning Ordinance, Section 26.4.2- 8, Development Standards, for the building located at 4553 Seville Avenue, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has five conforming truck loading spaces and two non-conforming spaces that are 10 feet wide and 30 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming spaces. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the following Condition: 4981 I I City Council Minutes page 4 August 16, 1994 1. The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of streets dated June 16, 1992. The Mayor asked if there was anyone in the audience who had any questions on this matter. There were no questions. It was moved by Davis, seconded by McCormick, to close the Public Hearing pertaining to the Variance request from Hollander Home Fashions, the time being 5:22 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated August 11, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Hollander Home Fashions contingent upon their adherence to Condition No.1. Motion carried. RESOLUTION NO. 6497 - A Resolution of the City Council of the City of Vernon Granting a variance to Hollander Home Fashions, From section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4553 Seville Avenue in the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6497 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by McCormick, to open the PUBLIC HEARING to consider a request from Adhesive Products, Inc. for a Variance to allow the tenant to utilize one non-conforming truck loading space at 4727 48th Street, the time being 5:23 p.m. Motion carried. Kevin Wilson, Acting Director of community services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated August 11, 1994, was presented, advising that Adhesive Products, Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4727 48th street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has two non-conforming spaces that are 10 feet wide and 29.6 feet long. The company is proposing to recess the westerly dock and use only vehicles of a smaller length at the easterly non-conforming truck loading space. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the following Conditions: a. The usage of the easterly non-conforming truck loading space shall be limited so that any truck parked at the loading dock shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. b. within 180 days the westerly dock shall be recessed to comply with Comprehensive Zoning Ordinance section 26.4.2-8. 41jt I I City Council Minutes page 5 August 16, 1994 c. Prior to any modification all necessary permits shall be obtained from the City of Vernon. The Mayor asked if there was anyone in the audience who had any questions on this matter. Sydney Ann Hoag, property owner, addressed the Council, advising that she wished to discuss the westerly dock restrictions, and stating that the cost to recess the dock will be $40,000. It is her understanding that by the year 2007 or 2009 (unsure of the exact year), the City would require the destruction of that portion of the building. Her tenant has advised her that only three trucks per day are using that dock so she would also like to have a variance for this westerly dock. She said the building had been in her family since 1946 and was actually built by her father. Recessing the dock would be a disruption in production to her tenant and would also use available space now used for warehousing. She stated her tenant had been here almost 50 years. Mr. Wilson addressed the Council and advised that the building must be brought into conformance by the year 2009 which requlres making parking available on the site, which is why the destruction of that portion of the building will be required. The Mayor asked if there were any more questions or comments. The City Clerk suggested that this matter should be continued to the August 30th meeting and that the Community Services Department review this aspect further. It was moved by Ybarra, seconded by Mccormick, to continue the Public Hearing regarding the Variance request from Adhesive Products, Inc., to the Council Meeting to be held August 30, 1994. Motion carried. It was moved by McCormick, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Soco-Lynch Corporation for a Variance to allow the tenant to utilize twenty- six non-conforming truck loading spaces at 4560, 4584 and 4608 50th Street, the time being 5:33 p.m. Motion carried. Kevin Wilson, Acting Director of Community services, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated August 11, 1994, was presented, advising that Soco-Lynch Corporation has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the buildings located at 4560, 4584 and 4608 50th Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The buildings have two conforming truck loading spaces and twenty-six non-conforming spaces that are 10 feet wide. Eight spaces are 50.7 feet long and eighteen spaces are 45.8 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming spaces. This has been reviewed by the Acting Director of Community services, and it is hereby recommended that the Variance be granted with the following Condition: 4979 I I City Council Minutes page 6 August 16, 1994 1. The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of streets dated June 16, 1992. The Mayor asked if there was anyone in the audience who had any questions on this matter. There were no questions. It was moved by Ybarra, seconded by Davis, to close the Public Hearing pertaining to the Variance request from Soco- Lynch Corporation, the time being 5:35 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated August II, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Soco-Lynch Corporation contingent upon their adherence to the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6498 - A Resolution of the City Council of the City of Vernon Granting a Variance to Soco-Lynch Corporation, From section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4560, 4584 and 4608 50th Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6498 be approved and adopted. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated August 2, 1994, was presented, requesting authority and funds for Environmental Specialists Leonard Grossberg and Dan Downing to attend The Continuing Challenge HazMat Workshop in Sacramento, September 6-8, 1994, with an expense allowance of $587.56 and $610.56 respectively. It was moved by Ybarra, seconded Gonzales, that authority be granted for Leonard Grossberg and Dan Downing to attend the aforementioned workshop with expense allowances of $587.56 and $610.56 respectively. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated August 8, 1994, was presented, requesting authority and funds to attend the Annual Meeting of the California Conference of Directors of Environmental Health in San Diego, September 27-30, 1994, with an expense allowance of $411.55. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Lewis Pozzebon to attend the aforementioned meeting with an expense allowance of $411.55. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 9, 1994, was presented, requesting authority and funds for the below listed City officials to attend the League of California cities 96th Annual Conference in Long Beach, October 23-25, 1994, with an expense allowance of $578 each. Louis Rosenkrantz, Chief of Police Dave Telford, Fire Chief Kevin Wilson, Acting Director of Community Services Kenneth DeDario, Director of Light and Power David B. Brearley, City Attorney It was moved by Ybarra, seconded by Gonzales, that authority be granted for the above listed city officials to attend the aforementioned conference with an expense allowance of $578 each. Motion carried. 4978 I I City Council Minutes page 7 August 16, 1994 Communication from Bruce V. Malkenhorst, City Clerk, dated August 9, 1994, was presented, requesting authority and funds for himself, Mayor Leonis Malburg, Mayor Pro Tem Thomas Ybarra, and Councilmen William Davis, Hilario Gonzales and William McCormick to attend the League of California cities 96th Annual conference in Long Beach, October 23-25, 1994, with an expense allowance of $578 each. It was moved by McCormick, seconded by Davis, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $578 each. Motion carried. Communication from Fire Chief Dave Telford, dated August 9, 1994, was presented, requesting authority and funds for Captain steven Ruffoni to attend the 5th Annual Hazardous Material Emergency Response Workshop in Sacramento, September 7- 9, 1994, with an expense allowance of $681. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Captain Steven Ruffoni to attend the aforementioned workshop with an expense allowance of $681. Motion carried. Communication from Fire Chief Dave Telford, dated August 10, 1994, was presented, requesting authority and funds for Firefighter Craig Peltier to attend two Hazardous Materials Specialist Courses (Module IF September 12-16 and Module 1G September 19-23) in El Segundo, with a registration fee of $350 for each class. It was moved by McCormick, seconded by Davis, that authority be granted for Firefighter Craig Peltier to attend the aforementioned courses with a registration fee of $350 for each class. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated August 11, 1994, was presented, transmitting a Water Right License and Agreement with Kal-Kan Foods, Inc. which would allow the City to extract 140 acre-feet of Kal-Kan's allowed pumping allocation for the 1994-95 Fiscal Year at $102.50 per acre-foot for a total cost of $14,350. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the communication from the city Clerk dated August 11, 1994, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6502 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License and Agreement By and Between the City of Vernon and Kal-Kan Foods, Inc. Which Grants the City of Vernon a License to Extract 140 Acre-Feet of Kal-Kan's Allowed Pumping Allocation for the Period July 1, 1994 through June 30, 1995, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6502 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated August 11, 1994, was presented, transmitting the Minutes of the Finance Committee Meeting held August 9, 1994, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the Minutes of the Finance Committee Meeting held August 9, 1994, be approved. Motion carried. 4977 I I City Council Minutes page 8 August 16, 1994 RESOLUTION NO. 6500 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement to Provide Mandated Cost Claiming Service By and Between the City of Vernon and David M. Griffith and Associates, Ltd. for Fiscal Year 1994-1995, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6500 be approved and adopted. Motion carried. Communication from the Honorable Lucille Roybal- Allard, dated July 18, 1994, was presented, asking the City's support in opposing Proposition 187 ("Save our State" Initiative) which is on the November ballot. It was moved by Ybarra, seconded by Davis, that the communication from Congresswoman Lucille Roybal-Allard dated July 18, 1994, be received and filed. Motion carried. RESOLUTION NO. 6501 - A Resolution of the City Council of the City of Vernon Opposing Proposition 187, the "Save our State" Initiative, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6501 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 11, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held August 15, 1994, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations contained in the Agenda for the Personnel Committee Meeting held August 15, 1994, be approved. Motion carried. WARRANT REGISTER NO. 896 covering claims and demands presented during the period of July 29 thru August 11, 1994, drawn on the First Interstate Bank totaling $427,061.50, which includes Demand Nos. 47950 thru 48160 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period August, 1994) was examined and audited: 47972 47954 47975 48005 48006 48007 48021 48065 48094 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 896 be approved and payment authorized for claims and demands totaling $427,061.50, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 896 covering claims and demands presented during the period of July 29 thru August 11, 1994, drawn on the First Interstate Bank totaling $1,703,040.95, which includes Light and Power Demand Nos. as listed below (accounting period August, 1994) was examined and audited: 47950 47969 47999 48038 48072 48095 48116 48152 47959 47970 48001 48043 48074 48097 48126 48153 47960 47971 48011 48048 48076 48101 48130 48158 47964 47974 48013 48055 48081 48105 48140 47965 47949 48015 48056 48083 48106 48143 47966 47984 48019 48058 48084 48107 48147 47967 47996 48022 48059 48090 48112 48149 47968 47997 48032 48066 48092 48113 48150 4976 I I City Council Minutes page 9 August 16, 1994 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 896 be approved and payment authorized for claims and demands totaling $1,703,040.95. 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. 458 covering claims and demands presented during the period of June 12 thru July 9, 1994, drawn on the First Interstate Bank totaling $1,497,506.84 which includes Demand Nos. 7584 thru 7606 (inclusive) (accounting period July, 1994) was examined and audited. It was moved by Gonzales, seconded by Davis, that Payroll Warrant Register No. 458 be approved and payment authorized for claims and demands totaling $1,497,506.84. Motion carried. Consideration of Schedule E (to the Master Services Contract) GasSelect Agreement with the Southern California Gas Company, submitted by Kenneth J. DeDario, Director of Light and Power, August 11, 1994. Kenneth J. DeDario, Director of Light and Power, addressed the Council and briefly discussed this matter. It was moved by Ybarra, seconded by Davis, that Schedule E, Gas Select Agreement, with Southern California Gas Company be approved and executed. Motion carried. RESOLUTION NO. 6495 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Schedule E, GasSelect Agreement, By and Between the City of Vernon and Southern California Gas Company Which Grants the City a Limited License to Access and Use Software Programs and Electronic Data Interchanges, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6495 be approved and adopted. Motion carried. The Mayor called a recess at 5:54 p.m. The Council reconvened at 6:01 p.m., all members present before the recess again being present. It was moved by Davis, seconded by Ybarra, that the Council go into Closed Session to confer on Items No. 1 and 2 listed below. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, the Acting Director of Community Services, the Director of Light and Power, Utilityman Roy Ness and System Operator Glenn Burdick. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 1. with respect to every item of business to be discussed in closed session pursuant to Government Code section 54957. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE 2. with respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code section 54956.9. 4975 I I City Council Minutes page 10 August 16, 1994 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) Central Basin Municipal Water District v. citv of Vernon, LASC No. BS 028717; (b) citv of Vernon v. Central Basin Munici~al Water District Board of Directors. et al., LASC No. BS 028742; (c) City of Vernon. et al. v. Board of Harbor Commissioners of the City of Lonq Beach et al., LASC No. BC 106713; (d) CPUC Docket No. A.91-03-039 (SoCaIGas); (e) MELA v. city of Vernon, 2 CIV B070857/LASC BC 050934; (f) FERC Docket No. ER94-1421 (Edison ITS); (g) City of Vernon v. Southern California Gas CompanY; USDC No. CV 92-3435-SVW (ctx); The Director of Light and Power and System Operator Glenn Burdick were excused at 6:03 p.m. utilityman Roy Ness was excused at 6:20 p.m. The Acting Director of community Services was excused at 6:25 p.m. The Director of Light and Power and System Operator Glenn Burdick returned to the Closed Session at 6:25 p.m. Glenn Burdick was excused at 6:36 p.m. The Director of Light and Power was excused at 6:41 p.m. The Mayor was excused at 6:55 p.m. and the Mayor Pro Tem assumed the Chair. The Mayor returned to the Closed Session at 7 p.m. and continued to Chair the meeting. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 7:01 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, to approve discipline for Roy Ness as recommended by the Acting Director of Community Services and the City Clerk. Motion carried. It was moved by Gonzales, seconded by Mccormick, to approve discipline for Glenn Burdick as recommended by the Director of Light and Power. Motion carried. Councilman Davis abstained from voting on this matter. 1914 I I City Council Minutes Page 11 August 16, 1994 It was moved by Ybarra, seconded by McCormick, that the City Attorney's action in filing the appeal in the case of City of Vernon vs. Southern California Gas Company, U.S.D.C (Central District of California) No. 92-3435 SVW (ctx) is hereby ratified. Motion carried. Mayor Malburg 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. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn to Tuesday, August 23, at 5 p.m. Motion carried. ~~~ Leonis C. Mal rg Mayor ~~ Bruce V. Malkenhorst City Clerk 4973-