19940823 Regular City Council Meeting - Minutes
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MINUTES OF THE ADJOURNED CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
AUGUST 23, 1994 AT 5 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Ybarra, McCormick, Gonzales, Davis
MEMBERS ABSENT: Malburg
The meeting was called to order by Mayor Pro Tem
Ybarra.
The City Clerk advised that the Minutes of the City
Council Meeting held August 16, 1994, should be deferred to the
next meeting.
It was moved by McCormick, seconded by Gonzales, that
the Minutes of the City Council Meeting held August 16, 1994, be
deferred to the next City Council Meeting. Motion carried.
The City Clerk announced 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.
There was no one who wished to address the Council at
this time.
It was moved by Gonzales, seconded by Davis, to open
the 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, the time being 5:11 p.m. Motion
carried.
There was a court reporter present during the Hearing
to record the proceedings.
It was moved by Davis, seconded by McCormick, to
close the Hearing pertaining to the appeal by Central Basin
Municipal Water District, the time being 10:50 p.m. Motion
carried.
The following documents were submitted as evidence
during the hearing process:
1. Letter from Bruce V. Malkenhorst, City Clerk,
dated August 23, 1994.
It was moved by Gonzales, seconded by Davis, that the
communication from Bruce V. Malkenhorst dated August 23, 1994 be
received and filed as evidence and marked as Exhibit No 1.
Motion carried.
2. Memorandum re: Procedures of Hearing from Glenn
R. Watson, Esq., Richards, Watson & Gershon,
dated August 22, 1994.
It was moved by Davis, seconded by McCormick, that
the memorandum re: "Procedures of Hearing" from Glenn R. Watson
be received and filed as evidence and marked as Exhibit No.2.
Motion carried.
3. Engineer's Report on Central Basin Municipal
Water District's Application for an Encroachment
Permit to Install a Reclaimed Water Line from
Samuel "Kevin" Wilson, Acting Director of
Community Services.
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Adjourned City Council Meeting Minutes
page 2
August 23, 1994
It was moved by Gonzales, seconded by Davis, that the
Engineer's Report from Samuel Kevin Wilson and all its attached
Exhibits A-Z and AA-II be received and filed as evidence and
marked as Exhibit No.3. Motion carried.
4. Declaration of Mitchell E. Abbott, Esquire,
Richard, Watson & Gershon.
It was moved by Gonzales, seconded by Davis, that the
Declaration of Mitchell E. Abbott and all its attached Exhibits
JJ thru UU be received and filed as evidence and marked as
Exhibit No.4. Motion carried.
5. Copy of Petition filed by the City of Vernon
Before the State Water Resources Control Board.
It was moved by McCormick, seconded by Gonzales, that
the Copy of Petition filed by the City of Vernon Before the state
Water Resources Control Board be received and filed as evidence
and marked as Exhibit No.5. Motion carried.
6. Settlement Agreement of March 12, 1993 between
Central Basin Municipal Water District and
Southern California Gas Company.
It was moved by Davis, seconded by McCormick, that
the Settlement Agreement of March 12, 1993 and its Exhibits
A-C between Central Basin Municipal Water District and Southern
California Gas Company be received and filed as evidence and
marked as Exhibit No.6. Motion carried.
7. Single page drawing of pipelines at Indiana
StreetjBandini Boulevard.
It was moved by Gonzales, seconded by Davis, that
the single page drawing of Pipelines at Indiana StreetjBandini
Boulevard be received and filed as evidence and marked as Exhibit
No.7. Motion carried.
8. Memorandum re: Legal Issues on Appeal from Glenn
R. Watson, Esq., Richards, Watson & Gershon,
dated August 22, 1994.
It was moved by Davis, seconded by McCormick, that
the memorandum re: Legal Issues on Appeal from Glenn R. Watson
dated August 22, 1994 be received and filed as evidence and
marked as Exhibit No.8. Motion carried.
9. Declaration of Richard W. Atwater, General
Manager of Central Basin Municipal Water
District, dated August 23, 1994 in support of
appeal of denial of Encroachment Permit
Application made by Central Basin Municipal Water
District.
It was moved by McCormick, seconded by Davis, that
the Declaration of Richard W. Atwater dated August 23, 1994, be
received and filed as evidence and marked as Exhibit No.9.
Motion carried.
10. Deposition and attached corrections of Richard W.
Atwater, Jr. Volume I, dated June 21, 1994.
It was moved by McCormick, seconded by Davis, that
Volume I of the Deposition of Richard W. Atwater, Jr. dated June
21, 1994 be received and filed as evidence and marked as Exhibit
No. 10. Motion carried.
11. Deposition and attached corrections of Richard W.
Atwater, Jr. Volume II, dated June 30, 1994.
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Adjourned City Council Meeting Minutes
page 3
August 23, 1994
It was moved by McCormick, seconded by Gonzales, that
Volume II of the Deposition of Richard W. Atwater, Jr. be
received and filed as evidence and marked as Exhibit No. 11.
Motion carried.
12. Deposition of William A. Ralph dated June 16,
1994.
It was moved by Gonzales, seconded by McCormick, that
the Deposition of William A. Ralph dated June 16, 1994 be
received and filed as evidence and marked as Exhibit No. 12.
Motion carried.
13. Handbook on the Use of Recycled Water for
Industrial/Commercial Cooling Systems from
West Basin/Central Basin Municipal Water
Districts
It was moved by McCormick, seconded by Gonzales, that
the "Handbook on the Use of Recycled Water for Industrial/Commer-
cial Cooling Systems" be received and filed as evidence and
marked as Exhibit No. 13. Motion carried.
14. Map of" County of Los Angeles Recycled Water
Projects.
It was moved by Davis, seconded by Gonzales, that the
Map of County of Los Angeles Recycled Water Projects be received
and filed as evidence and marked as Exhibit No. 14. Motion
carried.
After the conclusion of the Hearing, it was moved by
McCormick, seconded by Davis, that the Council go into Closed
Session to confer on Items No. 1 and 2 listed below, the time
being 11:00 p.m. Motion carried.
All persons were excluded from the Closed Session
with the exception of the City Clerk, City Attorney and Chief
Deputy City Clerk.
The Mayor Pro Tem 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.
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Name of Cases:
(a) Central Basin Municipal Water District v.
City of Vernon, LASC No. BS 028717;
(b) City of Vernon v. Central Basin Municipal
Water District Board of Directors. et al.,
LASC No. BS 028742;
(c) city of Vernon, et ale 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 (SoCalGas);
(e) SoCalGas v. Vernon, LASC No. BS 017468
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Adjourned City Council Meeting Minutes
page 4
August 23, 1994
It was moved by McCormick, seconded by Gonzales, to
go out of Closed Session and resume regular session, the time
being 11:03 p.m. Motion carried.
It was moved by McCormick, seconded by Davis, that
Items No. 1 and 2 listed above be deferred to the next City
Council Meeting. Motion carried.
It was moved by McCormick, seconded by Gonzales, to
deny the request of Mr. Steven O'Neill for an extension of time,
to review information provided this evening, to the first meeting
in October. Motion carried.
It was moved by McCormick, seconded by Davis, that
all testimony and exhibits submitted during this Hearing be taken
under submission for deliberation on Central Basin Municipal
Water District's appeal of the Acting Director of Community
Services's denial of their request for an Encroachment Permit for
Rio Hondo Water Reclamation Project Phase II. Motion carried.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Davis, that the meeting adjourn to Thursday, August 25, 1994 at 5
p.m. Motion carried.
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Thomas A. Yb ra
Mayor Pro Tem
ATTEST:
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Bruce V. Malkenhorst
City Clerk
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ORDER OF ADJOURNMENT OF MEETING
OF THE CITY COUNCIL OF THE CITY OF VERNON
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I HEREBY CERTIFY THAT THE ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF VERNON HELD AUGUST 23, 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 COUNCIL (QUORUM PRESENT) TO THURSDAY, AUGUST 25, 1994 AT 5
P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA /) . ... i ..
;:./<1 eJ "- Ii /l /1 j! I
B~;.,Uf;~I-M~lk!!:i.t:/:!:h~ (j
Cit~ C~~k\ !l.
By ~(u../ ,VM?1!4
Gloria J. 0 sco
Chief Depu~ City 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 24th day of August,
1994, have posted:
The above Order of Adjournment for the City
Council Meeting held August 23, 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
true and correct.
St!CI!t;f
I~~ .0
Gloria J. Or
Chief DeputY!
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penalty of perjury that the foregoing is
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Ii..'
Clerk
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