Loading...
19961015 Regular City Council Meeting - Minutes MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 15, 1996 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. I It was moved by McCormick, seconded by Gonzales, that the Minutes of the City Council Meeting held October 1, 1996, be approved as submitted and adopted. Communication from Bruce V. Malkenhorst, City Clerk, dated October 9, 1996, was presented, advising that the below listed employees have qualified in the month of September 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 Emplovee Award 09/18/94 09/04/94 09/12/94 02/01/65 06/21/61 01/06/86 10/10/85 01/10/91 02/01/70 07/01/79 Anthony Hinojos, Utilityman Victor Modesto, Utilityman Kurt Smith, Firefighter Gary Dressen, Fire Captain James Persons, Project Engineer Lewis Pozzebon, Dir. of Env. Health Dolores Fonseca, Accountant Victor Vasquez, Meter Reader James Smith, Battalion Chief Charla Duncan, Secretary 2 Year 2 Year 2 Year 3 Year 3 Year 3 Year 4 Year 4 Year 6 Year 13 Year The Mayor presented awards to the aforementioned employees 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: 01/23/89 Glenn Burdick, System Operator 2 Year 09/12/94 Robert Combe, Firefighter 2 Year 09/12/94 Paul Johnson, Firefighter 2 Year 09/12/94 David Koltvet, Firefighter 2 Year 09/12/94 Michael Langer, Firefighter 2 Year 09/12/94 Jason McEachran, Firefighter 2 Year 09/12/94 Lawrence Muno, Firefighter 2 Year I 09/12/94 Jeffrey Neely, Firefighter 2 Year 01/08/84 Roy Ness, Utilityman 2 Year 09/20/93 Dennis Beene, Police Officer 3 Year 09/20/93 Brian Leist, Police Officer 3 Year 01/08/90 Michael Ogawa, Police Officer 4 Year 08/17/87 Michael Busch, Fire Captain 5 Year 06/29/87 Michael Gillman, Police Sergeant 5 Year The Mayor called a recess at 5:15 p.m. The Council reconvened in regular session at 5:21 p.m., all members present before the recess again being present. Police Department Activity Log for the period October 1 thru 14, 1996, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period October 1 thru 14, 1996, be received and filed. Motion carried. ~,58,1 I I City Council Minutes page 2 October 15, 1996 Fire Department Activity Report for the period October 1 thru 14, 1996, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period October 1 thru 14, 1996, be received and filed. Motion carried. Health Department Report for the month of September, 1996, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of September, 1996, be received and filed. Motion carried. Risk Management Report for the month of September, 1996, was presented. It was moved by Davis, seconded by Gonzales, that the Risk Management Report for the month of September, 1996, be received and filed. 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 who wished to address the Council. There was no one who wished to address the Council at this time. Communication from Warren Bishop, Unit Manager, Sears Roebuck and Company, dated October 10, 1996, was presented, requesting reconsideration of the Variance granted on December 1 : 19, 1995, regarding building at 2700 Fruitland Avenue. Kevin Wilson, Director of Community Services, addressed the Council and briefly summarized this matter advising that basically Sears wishes to remove several of the "conditions" set forth in the Variance previously granted to them. The Mayor asked if there was anyone present from Sears who wished to address the Council. Mr. Warren D. Bishop addressed the Council and asked that the conditions be removed because the structural changes required by the Conditions are estimated to be $1.3 million dollars, and he was appealing for reconsideration due to this cost. Mr. Wilson stated that he had worked with the Fire Department on the Conditions and these are the minimum standards, and in the past the City has required other buildings to be retrofitted. The current code says buildings vacant for more than one year must be brought in compliance with the Uniform Building Code. The Fire Chief commented that a building of that size (200,000 - 300,000 square feet) would be a potential fire exposure without the conditions pertaining to the automatic fire monitors that were previously approved. Mr. Bishop added that Sears was anxious to move on this and advised that if the restrictions were not removed it would be his recommendation to have the building demolished for additional parking space. 5580 I I City Council Minutes page 3 October 15. 1996 comments. The Mayor asked if there were any other questions or There were no other questions or comments. It was moved by Gonzales, seconded by Ybarra, that the communication from Warren Bishop dated October 10, 1996 be received and filed, and that his request for reconsideration of the Variance granted on December 19, 1995, be denied. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to discuss the City of Vernon's intention to apply for Enterprise Funds in the amount of $500,000 under the State Community Development Block Grant (CDBG) Program, the time being 5:37 p.m. Motion carried. The public hearing will discuss the following: An explanation of the State CDBG Program National objectives of the CDBG Program Eligible Activities of the CDBG Program - the most serious and basic needs of the community Proposed program design and activities Agency responsible for program implementation Estimated time schedule to accomplish the activities Information on plans to minimize displacement that may occur as a result of grant funding Opportunities for public involvement Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated October 9, 1996, was presented, advising that the City intends to submit an application for a Grant of $500,000 from the State of California Department of Housing and Community Development, Community Development Block Grant (CDBG) Program. If the Grant is obtained, the City would utilize the funds to create a Public Infrastructure Grant Program. Transmitted herewith for your review is the Citizen Participation Plan and Report to City Council. The types of offsite improvements that are eligible for funding are street widenings, utility relocations and infrastructure upgrades that are normally required at the time of subdividing a property or constructing major improvements on a lot. The Grantee will be required to fund 20% of the project costs excluding City utility relocation costs. The City will provide funding for 20% of the City utility relocation costs. This has been reviewed by the Director of Community Services, and it is hereby recommended that the City Council: 1. Approve the Application pending final approval by the City Attorney; 2. Authorize the City Administrator to act on the City's behalf in all matters pertaining to the application; 3. Authorize up to $52,000 in utility relocation and construction costs as a local contribution; and 5579 I I City Council Minutes page 4 October 15, 1996 4. Find that the Citizen Participation Plan is in compliance with federal statute. The Mayor asked Mr. Wilson for clarification on the "plans to minimize displacement that may occur as a result of grant funding" that is listed in the items to be discussed. Mr. Wilson advised that he would research the application and provide an answer later in the meeting. It was moved by Gonzales, seconded by Ybarra, to defer this matter to later during this meeting and that the Public Hearing be continued to that time. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Seymour and Shirley Lehrer for a Variance to allow the tenant to utilize three non- conforming truck loading spaces at property located at 4770 District Boulevard in the City of Vernon, the time being 5:43 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated October 9, 1996, was presented, advising that Seymour and Shirley Lehrer have submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4770 District Boulevard and transmitting the following documents as 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 three non-conforming spaces. One of the non-conforming spaces is 17.8 feet wide and 28.6 feet long; the other two are 14.4 feet wide and 28.1 feet long. The owners are proposing to use only vehicles of a smaller length at the non-conforming truck loading spaces. This has been reviewed by the 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, or using, 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 these restrictions and a condition stating the same shall be placed in all future leases. The Mayor asked if there were any questions for Mr. Wilson from the audience or City Council. There were no questions. It was moved by McCormick, seconded by Davis, to close the Public Hearing regarding the Variance request from Seymour and Shirley Lehrer, the time being 5:45 p.m. S578 I I City Council Minutes page 5 October 15, 1996 It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated October 9, 1996 and all supporting documents be received and filed as evidence, and that the Variance be granted to Seymour and Shirley Lehrer contingent upon their adherence to the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6863 - A Resolution of the City Council of the City of Vernon Granting a Variance to Seymour and Shirley Lehrer From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4770 District Boulevard in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6863 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated October 2, 1996, was presented, requesting authority and funds for Vernon Service Officers Richard Fayette, Eliseo Genera, Giovanny Aguilar, and Benjamin Potter to attend the Corrections Officer Update Course in Riverside, November 12-13, 1996, with an expense allowance of $185.72 each. It was moved by McCormick, seconded by Gonzales, that authority be granted for the above listed Service Officers to attend the aforementioned course with an expense allowance of $185.72 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated October 3, 1996, was presented, requesting authority and funds for Dispatchers Stacy Waterfall, Maria Cienfuegos, Brandon Gray, and Malcolm Herrington to attend the Telecommunications Devices for the Deaf Seminar in Bell Gardens on November 4, 1996, with an allowance of $45 each for the registration fee. It was moved by Ybarra, seconded by Davis, that authority be granted for the above listed Dispatchers to attend the aforementioned seminar with an allowance of $45 each for the registration fee. Motion carried. Communication from Fire Chief Dave Telford, dated October 8, 1996, was presented, requesting authority and funds for Battalion Chief Michael Wilson to attend the "Train the Trainer" Fall Training Symposium in Fresno, November 3-6, 1996 with an expense allowance of $585.86. It was moved by Davis, seconded by McCormick, that authority be granted for Battalion Chief Michael Wilson to attend the aforementioned symposium with an expense allowance of $585.86 each. Communication from Fire Chief Dave Telford, dated October 8, 1996, was presented, requesting authority and funds for Firefighter Craig Peltier to attend the "Train the Trainer" Fall Training Symposium in Fresno, November 3-5, 1996 with an expense allowance of $417.24. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Firefighter Craig Peltier to attend the aforementioned symposium with an expense allowance of $417.24. Motion carried. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 9, 1996, was presented, advising that in accordance with previous City Council approval a Petition for Writ of Administrative Mandamus (C.C.P. Section 1094.5), or Writ of Mandamus (C.C.P. Section 1085); Complaint for Declaratory Relief; S~17 I I City Council Minutes page 6 October 15, 1996 Complaint for Injunctive Relief in the matter of City of Vernon v. Board of Harbor Commissioners of the City of Lona Beach, et al., LASC Case No. BC 158591, was filed with the Superior Court of the State of California, County of Los Angeles, on October 4, 1996. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated October 9, 1996 be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 10, 1996, was presented, recommending that the City adopt Resolution No. 6864 amending Resolution No. 6827 and authorizing the distribution of an "Informational Brochure" to residents within the Central Basin Municipal Water District. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated October 10, 1996 be received and filed, and that his recommendation be approved. Motion carried. Mayor Malburg abstained from voting on this matter. RESOLUTION NO. 6864 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6827 Authorizing the City Administrator to Cause to be Prepared and Mailed or Otherwise Distributed Letters to Residents and Electors in the Central Basin Municipal Water District Providing Information and Suggesting Action Regarding the District's Proposed Standby Charge to be imposed by the District in February 1997, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6864 be approved and adopted. Motion carried. Mayor Malburg abstained from voting on this matter. .. Communication from Bruce V. Malkenhorst, City Clerk, dated October 10, 1996, was presented, advising that the Director of Light and Power is preparing a computation report, to be submitted at this meeting, to determine the Energy Cost Adjustment Billing Factor for the next three month period. The new factor will be based on actual fuel expenses and revenues for the previous period and Southern California Edison Company's forecast of fuel cost for the next three months, and it is hereby recommended that the new factor of negative $0.02946 per kwh be approved for all bills rendered from November 1, 1996. RESOLUTION NO. 6869 - 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. 6869 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 10, 1996, was presented, recommending that the following personnel actions be approved: Merit SteD Increases Linda Smith, Utility Clerk, Step 4, in the Health Department, be granted a merit step increase to Utility Clerk, Step 3, with a new monthly base salary of $2685, effective November 10, 1996, based on her satisfactory job performance during the past year. 551'6 I I City Council Minutes page 7 October 15, 1996 It was moved by Ybarra, seconded by Davis, to grant Linda Smith a merit step increase to Utility Clerk, Step 3, effective November 10, 1996. Motion carried. Inez Aragon, Police Officer, Step 2, be granted a merit step increase to Police Officer, Step 1, with a new monthly base salary of $4114, effective November 3, 1996, based on her satisfactory job performance during the past year. It was moved by McCormick, seconded by Gonzales, to grant Inez Aragon a merit step increase to Police Officer, Step 1, effective November 3, 1996. Motion carried. Julie Coday, Senior Dispatcher, Step 6 in the Police Department, be granted a merit step increase to Senior Dispatcher, Step 5, with a new monthly base salary of $2990, effective November 10, 1996, based on her satisfactory job performance during the past year. It was moved by Ybarra, seconded by Davis, to grant Julie Coday a merit step increase to Senior Dispatcher, Step 5, effective November 10, 1996. Motion carried. Todd Schoenig, Fire Engineer, Step 3, be granted a merit step increase to Fire Engineer, Step 2, with a new monthly base salary of $4202, effective November 10, 1996, based on his satisfactory job performance during the past year. It was moved by Davis, seconded by Gonzales, to grant Todd Schoenig a merit step increase to Fire Engineer, Step 2, effective November 10, 1996. Motion carried. Dan Kimes, Fire Captain, Step 4, be granted a merit step increase to Fire Captain, Step 3, with a new monthly base salary of $4744, effective November 10, 1996, based on his satisfactory job performance during the past year. , ' It was moved by McCormick, seconded by Gonzales, to grant Dan Kimes a merit step increase to Fire Captain, Step 3, effective November 10, 1996. Motion carried. Reimbursements Edwin Hornquist, Assistant Power Engineer, be reimbursed $405 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Woodbury University related to his position with the City. It was moved by Gonzales, seconded by Davis, to reimburse Edwin Hornquist $405 from the Education and Training Appropriation Account. Motion carried. Sharon Duckworth, Budget Auditor, be reimbursed $910.75 from the Education and Training Appropriation Account for her satisfactory completion of courses taken at the University of Phoenix (Pasadena) related to her position with the City. It was moved by McCormick, seconded by Ybarra, to reimburse Sharon Duckworth $910.75 from the Education and Training Appropriation Account. Motion carried. Police Officer Vito Gaxiola be reimbursed $257.09, which is one-half the purchase prices of his Body Armor (vest), and is in accordance with Section 11.1 of the Memorandum of Understanding dated March 1, 1988. S~15 I I City Council Minutes page 8 October 15, 1996 It was moved by Ybarra, seconded by Davis, to reimburse Officer Vito Gaxiola $257.09 for his purchase of Body Armor. Motion carried. Miscellaneous Police Officer David Cheng not be held chargeable for his on-duty accident occurring September 22, 1996, and that no disciplinary action be taken, based on the findings of the Accident Investigation Committee and the recommendation of the Chief of Police. It was moved by Davis, seconded by Gonzales, that Officer David Cheng not be held chargeable for his on-duty accident occurring September 22, 1996, and that no disciplinary action be taken. Motion carried. The 36 Month Employment Agreement for the Position of Police Officer in the Vernon Police Department by and between the City of Vernon and Officer Javier Henry Aguilar be accepted and ratified effective September 30, 1996. It was moved by Ybarra, seconded by McCormick, to accept and ratify the 36 Month Employment Agreement with Police Officer Javier Henry Aguilar. Motion carried. Resianation The resignation of Police Officer Dennis Beene, dated September 25, 1996, be accepted effective October 12, 1996 at the end of his shift. It was moved by Davis, seconded by Ybarra, to accept the resignation of Dennis Beene effective October 12, 1996 at the end of his shift. Motion carried. . ~ Communication from Bruce V. Malkenhorst, Director of Finance, dated October 10, 1996, was presented, transmitting the Minutes of the Finance Committee Meeting held October 8, 1996 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the Minutes of the Finance Committee Meeting held October 8, 1996, be approved. Motion carried. RESOLUTION NO. 6865 - 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 McCormick, seconded by Gonzales, that Resolution No. 6865 be approved and adopted. Motion carried. RESOLUTION NO. 6866 - A Resolution of the City Council of the City of Vernon Commending and Honoring the Honorable Senator Charles Calderon for his Exemplary Service in Support of the People and Businesses in the City of Vernon and in Providing the Leadership to Complete the Southern California Gas Company Settlement, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6866 be approved and adopted. Motion carried. The City Clerk advised that the following matter should be deferred to the next meeting. ~~14 I I City Council Minutes page 9 October 15, 1996 RESOLUTION NO. 6868 - A Resolution of the City Council of the City of Vernon (I) Authorizing the Establishment of a Power Resource Cost Reduction Account Within the Light and Power Department Fund, (II) Providing Procedures for Deposits To and Withdrawals From Such Account, (III) Authorizing Certain Related Actions and (IV) Authorizing the City Treasurer To Do All Other Things Deemed Necessary or Advisable Concerning Such Account. It was moved by Ybarra, seconded by Davis, that Resolution No. 6868 be deferred to the next City Council Meeting. Motion carried. WARRANT REGISTER NO. 949 covering claims and demands presented during the period of September 27 thru October 10, 1996, drawn on Wells Fargo Bank totaling $491,692.34, which includes Demand Nos. 58704 thru 58904 (inclusive), excluding Light and Power Demands and Void Demand Nos. 58764 thru 58766 (inclusive) and 58839 (accounting period October, 1996), was examined and audited. It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 949 be approved and payment authorized for claims and demands totaling $491,692.34, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 949 covering claims and demands presented during the period of September 27 thru October 10, 1996, drawn on Wells Fargo Bank totaling $739,521.67, which includes Light and Power Demand Nos. as listed below (accounting period October, 1996), was examined and audited: 58704 58723 58747 58763 58798 58830 58871 58895 58709 58724 58753 58770 58802 58831 58877 58899 58710 58725 58756 58788 58815 58833 58883 58900 58711 58727 58758 58790 58820 58840 58886 58713 58729 58759 58792 58825 58859 58888 58715 58741 58761 58794 58826 58864 58889 58722 58742 58762 58797 58828 58869 58892 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 949 be approved and payment authorized for claims and demands totaling $739,521.67. 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. 484 covering claims and demands presented during the period of August 18 thru September 14, 1996, drawn on Wells Fargo Bank totaling $1,640,661.12 which includes Demand Nos. 8649 thru 8689 (inclusive) (accounting period September, 1996), was examined and audited. It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 484 be approved and payment authorized for claims and demands totaling $1,640,661.12. Motion carried. The City Attorney advised the Council that the following matter should be deferred to the next meeting. RESOLUTION NO. 6847 - A Resolution of the City Council of the City of Vernon Authorizing the Termination of the Agreement to Form Association and to Conduct Litigation. (Deferred from the City Council Meeting held October 1, 1996.) 5573 I I City Council Minutes page 10 October 15, 1996 It was moved by Davis, seconded by Ybarra, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. At this time, 6:07 p.m., the Mayor announced that the City Council would continue with the Public Hearing to discuss the City's intent to apply for Enterprise Funds in the amount of $500,000 under the CDBG program. (Continued from earlier in the meeting.) Mr. Wilson discussed the "displacement issue." The Mayor asked if there were any other questions or comments from the Councilor anyone in the audience. There were no questions or comments. It was moved by Ybarra, seconded by McCormick, to close the Public Hearing regarding the City's intention to apply for Enterprise Funds under the CDBG Program, the time 6:09 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication submitted in the earlier portion of this Public Hearing from the City Clerk, dated October 9, 1996, be received and filed, and that the application be approved. Motion carried. It was moved by Davis, seconded by Ybarra, that the City Administrator be authorized to act on the City's behalf in all matters pertaining to the application. Motion carried. It was moved by Gonzales, seconded by Ybarra, to authorize up to $52,000 in utility relocation and traffic signalization costs as matching funds. Motion carried. It was moved by Davis, seconded by Ybarra, that the Council hereby finds that the Citizen Participation Plan is in compliance with federal statute. Motion carried. RESOLUTION NO. 6867 - A Resolution of the City Council of the City of Vernon Approving (1) an Application for Funding From the Enterprise Fund Component of the Economic Development Allocation of the State Community Development Block Grant (CDBG) Program and the Execution Thereof, (2) A Citizen Participation Plan, and (3) Up to $52,000 in Matching Funds for Utility Relocation and Traffic Signalization Costs, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6867 be approved and adopted. Motion carried. The Mayor called a recess at 6:30 p.m. The Council reconvened in regular session at 6:35 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Gonzales, that the Council go into Closed Session to discuss Item No. 1 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, Director of Community Services, Utilityman IV, and Utilityman III. The Mayor ordered that all communications to and from the Closed Session be deemed privileged and confidential. 5b11 I I City Council Minutes page 11 October 15, 1996 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 Utilityman IV was excused from the Closed Session at 6:31 p.m. The Utilityman III was excused from the Closed Session at 6:35 p.m. The Utilityman IV returned to the Closed Session at 6:41 p.m. and was excused at 6:42 p.m. The Director of Community Services was excused from the Closed Session at 6:55 p.m. It was moved by Gonzales, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:59 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session to confer on Item No. 2 listed below, the time being 7 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk and the City Attorney. The Mayor ordered that all communications to and from the Closed Session be 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 Municioal Water District, LASC No. BC 121124; (b) City of Vernon vs. Central Basin. etc.. Zastrow. et al., LASC No. BC 130693; 2CIV B098203; (c) City of South Gate. et al. vs. City of Los Anqeles. et al., LASC No. BC 129447; 2CIV BI00019; (d) The Atchison. Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; 2CIV BI02025; (e) The City of Vernon v. The Atchison. Tooeka and Santa Fe Railway, CPUC Case No. 96-01-019; (f) CPUC Docket No. A.93-09-006 (SoCaIGas) (BCAP) ; (g) CPUC Docket No. A.91-03-039 (SoCaIGas) (BCAP) ; (h) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723; 5571 I I City Council Minutes page 12 October 15, 1996 (i) Vernon v. Southern California Gas Comoanv, CPUC No. 96-05-038; (j) Johnson & Vincent v. Vernon, LASC BS 039646; (k) Allstate, etc. et al. v. Vernon, Case No. VC022411; (1) FERC Docket No. OA-96-76 (Open Access); (m) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (n) Vernon v. Board of Harbor Commissioners, etc., et al., LASC No. BC158591; (0) Lynwood v. Vernon, et al. (Petition for Writ of; case number unknown) It was moved by Davis, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 7:15 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Utilityman III be issued a letter of reprimand based on his failure to adhere to his responsibilities. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Utilityman IV be issued a written reprimand due to his being found chargeable for the on duty accident occurring September 18, 1996. Motion carried. n " There being no further business to come before the Council at this time, it was moved by Davis, seconded by Ybarra, that the meeting adjourn. Motion carried. ATTEST: /?- ~/~~ ~~~. / Leonis C. Ma burg yor Bruce V. Malkenhorst City Clerk 557b