Loading...
19950516 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 16, 1995 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 (arrived at 5:11 p.m.) 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 City Council Meeting held May 2, 1995, be approved as submitted and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Minutes of the Adjourned City Council Meeting held May 8, 1995, be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 10, 1995, was presented, advising that the below listed employees have qualified in the month of April 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 04/12/93 12/04/82 04/29/91 04/23/90 07/01/85 04/09/90 04/09/90 04/23/89 05/13/84 Mark Dressen, Police Officer Alice Saldana, Sr. Utility Clerk Linda Smith, Utility Clerk Albert DeLaCruz, Utilityman Jaime DeLaRosa, Utilityman Gerald Forde, Asst. to the City Adm. Michael Hendrickson, Asst. Elect. Tech. James Siegert, Power Plant Supt. Vincent, Rodriguez, Engineering Aide Award 2 Year 2 Year 4 Year 5 Year 5 Year 5 Year 5 Year 6 Year 7 Year The Mayor presented the aforementioned employees with their awards and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department head: 06/26/89 02/26/90 02/01/68 06/13/86 08/19/84 Todd Hewett, Fire Engineer Barry Schoolmeester, Firefighter Gary Wiskus, Battalion Chief Michael Chavez, Police Sergeant Richard Recano, Diesel Operator The Mayor called a recess at 5:10 p.m. 3 Year 3 Year 3 Year 4 Year 5 Year The Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Police Department Activity Log for the period May 1 thru 15, 1995, was presented. 5208 I I City Council Minutes page 2 May 16, 1995 It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period May 1 thru 15, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period May 1 thru 15, 1995, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period May 1 thru 15, 1995, be received and filed. Motion carried. Health Department Report for the month of April, 1995, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of April, 1995, be received and filed. Motion carried. Risk Management Report for the month of April, 1995, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of April, 1995, be received and filed. Motion carried. A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON DECLARING AND ESTABLISHING MAY 24, 1995, AS TAIWANESE BUSINESS RECOGNITION DAY AND ESTABLISHING HONORARY CITIZENSHIP TO THE TAIWANESE BUSINESSMEN VISITING THE CITY OF VERNON ON SAID DAY, was presented. It was moved by Gonzales, seconded by McCormick, that the aforementioned proclamation be approved. Motion carried. RESOLUTION NO. 6630 - A Resolution of the City Council of the City of Vernon Commending Director Chiling Tong from the California Office of Trade and Investment in Taipei for Her Exemplary Services to the City of Vernon in Taipei, Taiwan, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6630 be approved and adopted. 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. The Mayor asked if there was anyone in the audience who 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. ORDINANCE NO. 1029 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, By Amending Chapter 25 Relating to Charges for Water Service, was read by Title by the City Clerk for a Second and Final Reading. It was moved by Ybarra, seconded McCormick, that Ordinance No. 1029 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, McCormick, Davis, Gonzales None None 5207 I I City Council Minutes page 3 May 16, 1995 ORDINANCE NO. 1030 - An Ordinance of the City Council of the City of Vernon Amending Chapter 9A and Sections 9A.1, 9A.2, 9A.3, 9A.4, 9A.5, and 9A.9 and Repealing Sections 9A.6, 9A.7, and 9A.8 of the Code of the City of Vernon Regarding Electrical Energy Distribution in the City of Vernon, was read by Title by the City Clerk for a Second and Final Reading. David B. Brearley, City Attorney, addressed the City Council and advised of typographical errors on Ordinance No. 1030 on Page 4, Section 10 and also on Exhibit A, Section 30.8. Both sections shall be changed to read...rules for electric service... rather than...electric service rules. It was moved by Ybarra, seconded McCormick, that Ordinance No. 1030 be approved with the corrections noted by the City Attorney and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, McCormick, Davis, Gonzales None None It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider an application from Austin Family Trust (Robert L. Austin/Gloria L. Austin, Trustees) for a Variance to allow the tenant to utilize one non-conforming truck loading space at 4635 Fruitland Avenue in the City of Vernon, 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 May 10, 1995, was presented, advising that Robert L. Austin and Gloria L. Austin, Trustees of the Austin Family Trust, have submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4635 Fruitland 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 one conforming truck loading space and one non- conforming space that is 10 feet wide and 33.5 feet long. The company is proposing to use only vehicles of a smaller length at the 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 subject to the following Conditions: a. The usage of the 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. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. The Mayor asked if there were any questions of Mr. Wilson or the City Council. There were no questions. j2t6 I I City Council Minutes page 4 May 16, 1995 It was moved by Davis, seconded by Gonzales, to close the Public Hearing regarding the request for a Variance from the Austin Family Trust, the time being 5:22 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated May 10, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to the Austin Family Trust, Robert L. Austin and Gloria L. Austin, Trustees, contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6627 - A Resolution of the City Council of the City of Vernon Granting a Variance to Austin Family Trust, Robert L. Austin/Gloria L. Austin, Trustees, from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4635 Fruitland Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6627 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by McCormick, to open the PUBLIC HEARING to consider an application from Charles J. Davies and Myriam Davies for a Variance to allow the tenant to utilize nine non-conforming truck loading spaces at 4295 Charter Street in the City of Vernon, the time being 5:24 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 May 10, 1995, was presented, advising that Charles J. Davies and Myriam Davies have submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2- 8, Development Standards, for the building located at 4295 Charter 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 one conforming truck loading space and nine non- conforming spaces that are 9 feet wide and various lengths. The company is proposing to use only vehicles of a smaller length at the non-conforming truck loading spaces. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted subject to the following Conditions: a. 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. b. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. The Mayor asked if there were any questions of Mr. Wilson or the City Council. There were no questions. ..5'2.U~ I I City Council Minutes page 5 May 16, 1995 It was moved by Davis, seconded by Gonzales, to close the Public Hearing regarding the request for a Variance from Charles J. Davies and Myriam Davies, the time being 5:25 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated May 10, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to Charles J. Davies and Myriam Davies contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6628 - A Resolution of the City Council of the City of Vernon Granting a Variance to Charles J. Davies and Myriam Davies From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4295 Charter Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6628 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 30, 1995, was presented, requesting authority and funds for Sharon Duckworth, Budget Auditor, and Martha Valenzuela, Office Manager, to attend a workshop entitled "How to Communicate with Confidence, Clarity and Credibility" in Van Nuys on June 23, 1995, with an expense allowance of $86.50 each. It was moved by Ybarra, seconded by Davis, that authority be granted for Sharon Duckworth and Martha Valenzuela to attend the aforementioned workshop with an expense allowance of $86.50 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 2, 1995, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant, to attend the Health and Welfare in the Workplace Conference in Anaheim, June 15-17, 1995, with an expense allowance of $98.00. It was moved by McCormick, seconded by Gonzales, that authority be granted for Joan Francone to attend the afore- mentioned conference with an expense allowance of $98.00. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 9, 1995, was presented, requesting authority and funds for Councilman William Davis and himself to attend the Independent Cities Association 35th Annual Seminar in San Diego, July 5-9, 1995, with an expense allowance of $853.50 each. It was moved by Ybarra, seconded by McCormick, that authority be granted for the above listed City officials to attend the aforementioned seminar with an expense allowance of $853.50 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 9, 1995, was presented, requesting authority and funds for Mayor Leonis Malburg, Mayor Pro Tern Thomas Ybarra, and Councilmen William McCormick and Hilario Gonzales to attend the Independent Cities Association 35th Annual Seminar in San Diego, July 5-9, 1995, with an expense allowance of $1,413.50 each. It was moved by Davis, seconded by Gonzales, that authority be granted for the above listed City officials to attend the aforementioned seminar with an expense allowance of $1,413.50 each. Motion carried. 520.4 -, I I City Council Minutes page 6 May 16, 1995 Communication from Kevin Wilson, Acting Director of Community Services, dated May 9, 1995, was presented, transmitting Contract No. 526, 50th Street and 52nd Street Improvement. This has been reviewed by the City Attorney, and it is hereby recommended that the contract be approved and authority be granted to advertise for bids. It was moved by Ybarra, seconded by Davis, that the communication from the Acting Director of Community Services dated May 9, 1995 be received and filed, and that his recommend- ation be approved. Motion carried. RESOLUTION NO. 6629 - A Resolution of the City Council of the City of Vernon Approving Contract No. 526 of the City of Vernon for 50th street and 52nd Street Improvement and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6629 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 10, 1995, was presented, transmitting a draft document entitled Education/Enforcement Program for Smoke-Free Workplace as prepared by staff of the Health and Police Departments. The document outlines the program for implementing the requirements of California Labor Code Section 6404.5 (Assembly Bill 13) in the City of Vernon. This has been reviewed by the City Attorney, and it is hereby recommended that said program be approved and adopted. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated May 10, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6625 - A Resolution of the City Council of the City of Vernon Approving and Adopting an Education/Enforcement Program for Smoke-Free Workplace Pursuant to California Labor Code Section 6404.5, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6625 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 11, 1995, was presented, transmitting an Agreement with Rollins Chempak, Inc for hazardous waste disposal services. The rate schedule is unchanged from the 1994 agreement and will remain in effect through the expiration date of this agreement (December 1995). This has been reviewed by the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated May 11, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6624 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Environmental Services Agreement By and Between the City of Vernon and Rollins Chempak, Inc, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6624 be approved and adopted. Motion carried. 5203~ I I City Council Minutes page 7 May 16, 1995 Communication from Bruce V. Ma1kenhorst, City Clerk, dated May 11, 1995, was presented, advising that at the Finance Committee Meeting held November 8, 1994, approval was granted for the City to contract for software support services for the Police Department through the City of West Covina contingent upon final approval of the agreement by the City Attorney. The agreement has now been approved, and it is hereby recommended that the Software Support and Maintenance Agreement with the City of West Covina be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated May 11, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6626 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Software Support and Maintenance Agreement By and Between the City of Vernon and the City of West Covina, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6626 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 11, 1995, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held May 15, 1995, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations contained on the Agenda for the Personnel Committee Meeting held May 15, 1995, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 11, 1995, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held May 11, 1995, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations contained on the Agenda for the Adjourned Regular Finance Committee Meeting held May 11, 1995, be approved. Motion carried. WARRANT REGISTER NO. 914 covering claims and demands presented during the period of April 28 thru May 11, 1995, drawn on the First Interstate Bank totaling $278,176.39, which includes Demand Nos. 51697 thru 51923 (inclusive), excluding Light and Power Demands and Void Demand Nos. 51729, 51755, and 51761 thru 51764 (inclusive) (accounting period May, 1995), was examined and audited. It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 914 be approved and payment authorized for claims and demands totaling $278,176.39, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 914 covering claims and demands presented during the period of April 28 thru May 11, 1995, drawn on the First Interstate Bank totaling $2,069,189.29, which includes Light and Power Demands Nos. as listed below (accounting period May, 1995), was examined and audited: 51698 51705 51706 51712 51713 51714 51738 51745 51753 51783 51787 51791 51807 51809 51811 51826 51836 51840 51872 51874 51877 51896 51897 51903 51914 51917 51918 52D2 I I City Council Minutes May 16, 1995 page 8 51707 51723 51756 51797 51812 51853 51878 51904 51922 51708 51724 51758 51798 51816 51861 51890 51911 51709 51725 51759 51799 51821 51862 51894 51912 51711 51728 51765 51805 51825 51867 51895 51913 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 914 be approved and payment authorized for claims and demands totaling $2,069.189.29. 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. 467 covering claims and demands presented during the period of March 19 thru April 15, 1995, drawn on the First Interstate Bank totaling $1,527,210.11 which includes Demand Nos. 7942 thru 7977 (inclusive) (accounting period April, 1995), was examined and audited. It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 467 be approved and payment authorized for claims and demands totaling $1,527,210.11. Motion carried. It was moved by Davis, seconded by Gonzales, that the following matter pertaining to Container Corporation of American be deferred to Closed Session later this date. Motion carried. Consideration of Amendment No. 1 to the Transmission Service Agreement between Container Corporation of America and the City of Vernon settling various disputes under such agreement, submitted by Kenneth J. DeDario, Director of Light and Power, May 11, 1995. RESOLUTION NO. 6623 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment Number One to the Transmission Service Agreement By and Between Jefferson Smurfit Corporation (Formerly Known as Container Corporation of America) and the City of Vernon for a Cogeneration Facility Located at 2001 East 57th Street. The Mayor called a recess at 5:44 p.m. The Council reconvened in regular session at 5:46 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:47 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Acting Director of Community Services, Director of Light and Power, Chief of Police, Chief Deputy City Clerk, and the System Operator. 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. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE The System Operator was excused from Closed Session at 5:50 p.m. ~Sl 0 ,{ I I City Council Minutes page 9 May 16, 1995 The Acting Director of Community Services was excused from Closed Session at 5:56 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 5:56 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Item Nos. 2 and 3 listed below, the time 5:57 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, the Director of Light and Power, and the Chief of Police. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 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) City of Vernon vs. Central Basin Municipal Water District, LASC No. BC 121124; (b) Central Basin Municipal Water District v. City of Vernon, LASC No. BS 028717; (c) City of Vernon v. Central Basin Municipal Water District Board of Directors, et al., LASC No. BS 028742; (d) City of Vernon, et al. VS. City of Los Angeles, et al., LASC No. BS 032326; (e) CPUC Docket No. A.93-09-006 (BCAP); (f) City of Anaheim, etc. vs. City of Vernon, LASC BC 104302; (g) The Atchison, Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; (h) FERC Docket No. ER95-l39; 3. With respect to every item of business to be discussed in Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation: Four (4) potential cases It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:04 p.m. Motion carried. The Director of Light and Power was excused from the meeting at 6:05 p.m. It was moved by Gonzales, seconded by McCormick, that the Council to into Closed Session to confer on Item No. 1 listed below, the time being 6:05 p.m. Motion carried. 5200 I I City Council Minutes page 10 May 16, 1995 All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief of Police, Chief Deputy City Clerk, Police Officer and Mr. Llopis, legal counsel. 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. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE 1) Police Officer At 6:06 p.m. the Police Officer and legal counsel were excused from the Closed Session. At 6:08 p.m. the Police Officer and legal counsel returned to the Closed Session. The Mayor again ordered all communications to and from the Closed Session deemed privileged and confidential. The Police Officer and legal counsel were excused from the Closed Session at 6:23 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:35 p.m. Motion carried. The Chief of Police was excused from the meeting at 6:35 p.m. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Item Nos. 2 and 3 listed below, the time being 6:36 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 ordered all communications to and from the Closed Session deemed privileged and confidential. 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) City of Vernon vs. Central Basin Municipal Water District, LASC No. BC 121124; (b) Central Basin Municipal Water District v. City of Vernon, LASC No. BS 028717; (c) City of Vernon v. Central Basin Municipal Water District Board of Directors, et al., LASC No. BS 028742; (d) City of Vernon, et ale vs. City of Los Angeles, et al., LASC No. BS 032326; (e) CPUC Docket No. A.93-09-006 (BCAP)i ,5t. " I I City Council Minutes page 11 May 16, 1995 (f) City of Anaheim, etc. vs. City of Vernon, LASC BC 104302; (g) The Atchison, Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; (h) FERC Docket No. ER95-139; 3. With respect to every item of business to be discussed in Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation: Four (4) potential cases The Mayor was excused from the Closed Session at 6:40 p.m. and Mayor Pro Ybarra assumed the Chair. The Mayor returned to the Closed Session at 6:46 p.m. and resumed the Chair. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:54 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the System Operator be disciplined as recommended by the Director of Light and Power and the City Clerk. Motion carried. It was moved by Ybarra, seconded by Davis, that the utilityman III be disciplined as recommended by the Acting Director of Community Services and the City Clerk. Motion carried. It was moved by Davis, seconded by McCormick, that the Police Officer be dismissed effective May 16, 1995. Motion carried. It was moved by Gonzales, seconded by Ybarra, the City Attorney be authorized to join in an amicus letter brief on behalf of the City of Vernon in Harris v. County of Madera, Fifth District Court of Appeal, Case No. F020495. Motion carried. Consideration of Amendment No. 1 to the Transmission Service Agreement between Container Corporation of America and the City of Vernon settling various disputes under such agreement, submitted by Kenneth J. DeDario, Director of Light and Power, May 11, 1995. (Deferred from earlier in the meeting.) It was moved by Ybarra, seconded by Gonzales, that Amendment No. 1 to the Transmission Service Agreement with Container Corporation be approved and executed. Motion carried. RESOLUTION NO. 6623 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment Number One to the Transmission Service Agreement By and Between Jefferson Smurfit Corporation (Formerly Known as Container Corporation of America) and the City of Vernon for a Cogeneration Facility Located at 2001 East 57th Street, was presented (deferred from earlier in the meeting). 5198 I I City Council Minutes page 12 May 16, 1995 It was moved by Ybarra, seconded by Davis, that Resolution No. 6623 be approved and adopted. Motion carried. 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. Motion carried. ~~. c L~9nis C. Malo rg ayor ATTEST: d "' /h?~-<- Bruce V. Malkenhorst City Clerk '. ,. ~-- ",' l " 5197