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19970107 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 7, 1997 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, 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 City Council Meeting held December 17, 1996, be deferred to the next City Council Meeting. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council: Dave Telford, Fire Chief - 30 Years Paul Zook, Fire Engineer - 30 Years Jed Hulsey, Fire Captain - 10 Years The following personnel were unable to attend the meeting and their service pins were accepted by their respective department head. Brian Adel, Civil Engineer - 15 years Jon Arvizu, Firefighter - 10 Years David Kimes, Fire Captain - 10 Years The Mayor called a recess at 5:17 p.m. The Council reconvened in regular session at 5:19 p.m., all members present before the recess again being present. RESOLUTION NO. 6895 - A Resolution of the City Council of the City of Vernon Commending John R. Kriste For His Many Years of Service to the City of Vernon, was read in its entirety by the City Clerk and presented by Mayor Malburg to Mr. Kriste. It was moved by McCormick, seconded by Davis, that Resolution No. 6895 be approved and adopted. Motion carried. The Mayor called a recess at 5:21 p.m. The Council reconvened in regular session at 5:22 p.m., all members present before the recess again being present. Police Department Activity Log for the period December 16 thru 31, 1996, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period December 16 thru 31, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period December 16 thru 31, 1996, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period December 16 thru 31, 1996, be received and filed. Motion carried. The City Clerk advised that now was the time for anyone in the audience to address the City Council on any item on the Agenda other than with regard to any Public Hearings that may be listed. 5635 I I City Council Minutes page 2 January 7, 1997 The Mayor asked if there was anyone wishing to address the City Council at this time. There was no one wishing to address the Council. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Bert E. Jessup Transportation, Inc. for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 3575 Ross Street in the City of Vernon, the time being 5:24 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services, dated January 2, 1997, was presented, advising that Bert E. Jessup Transportation, Inc. has applied for a Conditional Use Permit to operate a truck and freight terminal at 3575 Ross Street in the City of Vernon, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing. The company was found to be categorically exempt from the California Environmental Quality Act process since they will be using an existing facility and the facility is not being expanded. It is the opinion of the Director of Community Services that the proposed operation will pose no adverse effects to the City of Vernon and will not have a significant effect on the environment, and no mitigating measures are required. This has been reviewed by the City Attorney, and it is recommended that the following Conditions be placed on the Conditional Use Permit: a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules, regulations, and subject to permit fees as adopted by the City of Vernon b. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash, and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be maintained to meet City standards. c. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. d. A National Pollutant Discharge Elimination System permit shall be obtained from the California State Board of Water Resources. e. No equipment or freight shall be stored on the site, other than in buildings, trailers, or on the docks. f. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. 5634 City Council Minutes page 3 January 7, 1997 g. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy, a business license and occupancy permit shall be obtained. h. A hazardous materials inventory and business/contingency plans shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. I i. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal service. j. The facility's buildings shall be structurally main- tained to exclude rodents and the property shall be maintained rodent free. k. The facility shall be operated in a manner which will not impede traffic on Ross Street. 1. All existing cracked sidewalk, curb, and gutter adjacent to the site in Ross Street shall be repaired and maintained to meet City standards. It is hereby recommended that: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process; 2. A Notice of Exemption be filed with the County Clerk; 3. The Conditional Use Permit be granted to Bert E. Jessup Transportation, Inc. contingent upon their adherence to the aforementioned Conditions. The Mayor asked if the City Council had any questions of Mr. Wilson or if there was anyone wishing to address the Council on this matter. There were no questions. I It was moved by Davis, seconded by McCormick, to close the Public Hearing regarding the request for a Conditional Use Permit from Bert E. Jessup Transportation, Inc., the time being 5:26 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services dated January 2, 1997 and all supporting documents be received and filed. Motion carried. It was moved by McCormick, seconded by Davis, that the City Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by Ybarra, seconded by McCormick, that a Notice of Exemption be filed with the County Clerk. Motion carried. 5633 I I City Council Minutes page 3 January 7, 1997 g. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy, a business license and occupancy permit shall be obtained. h. A hazardous materials inventory and business/contingency plans shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. i. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal service. j. The facility's buildings shall be structurally main- tained to exclude rodents and the property shall be maintained rodent free. k. The facility shall be operated in a manner which will not impede traffic on Ross Street. 1. All existing cracked sidewalk, curb, and gutter adjacent to the site in Ross Street shall be repaired and maintained to meet City standards. It is hereby recommended that: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process; 2. A Notice of Exemption be filed with the County Clerk; 3. The Conditional Use Permit be granted to Bert E. Jessup Transportation, Inc. contingent upon their adherence to the aforementioned Conditions. The Mayor asked if the City Council had any questions of Mr. Wilson of if there was anyone wishing to address the Council on this matter. There were no questions. It was moved by Davis, seconded by McCormick, to close the Public Hearing regarding the request for a Conditional Use Permit from Bert E. Jessup Transportation, Inc., the time being 5:26 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services dated January 2, 1997 and all supporting documents be received and filed. Motion carried. It was moved by McCormick, seconded by Davis, that the City Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by Ybarra, seconded by McCormick, that a Notice of Exemption be filed with the County Clerk. Motion carried. 5632 I I City Council Minutes page 4 January 7, 1997 It was moved by Ybarra, seconded by Davis, that the Conditional Use Permit be granted to Bert E. Jessup Transportation, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "1". Motion carried. RESOLUTION NO. 6901 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Bert E. Jessup Transportation, Inc. for the Operation of a Truck and Freight Terminal at 3575 Ross Street, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6901 be approved and adopted. Motion carried. It was moved by Davis, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Heitz Trucking, Inc. for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 3575 Ross Street in the City of Vernon, the time being 5:27 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services, dated January 2, 1997, was presented, advising that Heitz Trucking, Inc.has applied for a Conditional Use Permit to operate a truck and freight terminal at 3575 Ross Street in the City of Vernon, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing. The company was found to be categorically exempt from the California Environmental Quality Act process since they will be using an existing facility and the facility is not being expanded. It is the opinion of the Director of Community Services that the proposed operation will pose no adverse effects to the City of Vernon and will not have a significant effect on the environment, and no mitigating measures are required. 'This has been reviewed by the City Attorney, and it is recommended that the following Conditions be placed on the Conditional Use Permit: a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules, regulations, and subject to permit fees as adopted by the City of Vernon b. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash, and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be maintained to meet City standards. c. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. d. A National Pollutant Discharge Elimination System permit shall be obtained from the California State Board of Water Resources. 5631 I I City Council Minutes page 5 January 7, 1997 e. No equipment or freight shall be stored on the site, other than in buildings, trailers, or on the docks. f. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. g. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. Prior to occupancy, a business license and occupancy permit shall be obtained. h. A hazardous materials inventory and business/contingency plans shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. i. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. The property shall be provided with adequate refuse containers and refuse disposal service. j. The facility's buildings shall be structurally main- tained to exclude rodents and the property shall be maintained rodent free. k. The facility shall be operated in a manner which will not impede traffic on Ross Street. 1. All existing cracked sidewalk, curb, and gutter adjacent to the site in Ross Street shall be repaired and maintained to meet City standards. It is hereby recommended that: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process; 2. A Notice of Exemption be filed with the County Clerk; 3. The Conditional Use Permit be granted to Heitz Trucking, Inc. contingent upon their adherence to the aforementioned Conditions. The Mayor asked if there were any questions of Mr. Wilson of if anyone in the audience had questions of the City Council. Councilman Davis asked if the companies would have the same meter or would they be separate. Mr. Wilson said it would be one meter and it would be the applicants' responsibility to see that utility bills are paid. It was moved by McCormick, seconded by Davis, to close the Public Hearing regarding the request from Heitz Trucking, Inc. for a Conditional Use Permit, the time being 5:30 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the communication from the Director of Community Services dated January 2, 1997 and all supporting documents be received and filed. Motion carried. 563& I I City Council Minutes page 6 January 7, 1997 It was moved by Ybarra, seconded by Davis, that the City Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by McCormick, seconded by Gonzales, that a Notice of Exemption be filed with the County Clerk. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Conditional Use Permit be granted to Heitz Trucking, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "1". Motion carried. RESOLUTION NO. 6902 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Heitz Trucking, Inc. for the Operation of a Truck and Freight Terminal at 3575 Ross Street, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6902 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from U.S. Growers Cold Storage, Inc. to amend a Variance to allow the tenant to utilize thirty-six non-conforming truck loading spaces at 3111-3261 44th Street in the City of Vernon, the time being 5:31 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter, and also stated that in the following communication from the City Clerk, the second to last line of the first paragraph should be changed to read, ".. . pursuant to Resolution No. 6643 as amended by Resolution No. 6690 should be amended to read as follows..." Communication from Bruce V. Malkenhorst, City Clerk, dated January 2, 1997, was presented, advising that U.S. Growers Cold Storage, Inc. has requested that their existing variance be amended, and transmitting the following documents as evidence: 1. Correspondence with U.S. Growers Cold Storage, Inc. ; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The company was previously granted a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, with the Condition that all buildings be demolished by March 1, 1996. The Variance was then amended to require the demolition by November 1, 1996, and now they are requesting an extension, of this deadline until July 1, 1998. It is hereby recommended that the Conditions placed on the Variance granted to U.S. Growers Cold Storage pursuant to Resolution No. 6904 be amended to read as follows: a. U.S. Growers Cold Storage, Inc. shall demolish the buildings on the three parcels east of the two westerly parcels of Exhibit "A" and eliminate the non-conforming truck loading spaces thereon or shall otherwise be in compliance with Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance by July 1, 1997. 5629 I I City Council Minutes page 7 January 7, 1997 b. U.S. Growers Cold Storage, Inc. shall demolish the buildings on the most easterly parcel of Exhibit "A" and eliminate the non-conforming truck loading spaces thereon or shall other- wise be in compliance with Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance by July 1, 1998. c. The $50,000 Certificate of Deposit previously delivered to the City of Vernon shall be returned to U.S. Growers Cold Storage, Inc. including the interest earned, upon compliance with Conditions (a) and (b) or if compliance with Conditions (a) and (b) has not been attained, then the Certificate of Deposit shall be retained by the City of Vernon for the purpose of constructing curb, gutter, and sidewalk, including a suitable barrier to eliminate the usage of all non- conforming docks. d. The usage of the non-conforming truck loading spaces shall be limited to trucks of smaller lengths so that any trucks 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. e. During the period between adoption of this Resolution and U.S. Growers Cold Storage, Inc.'s performance of Conditions (a) and (b), U. S. Growers Cold Storage, Inc. agrees to indemnify and hold the City of Vernon harmless against damages resulting from trucks utilizing U. S. Growers Cold Storage, Inc.'s facility extending onto the sidewalk or street. f. The adoption of this Resolution shall not be construed as a waiver by the City of Vernon with respect to the enforcement of the provisions of California Vehicle Code 22500 et seq. g. 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 of Mr. Wilson, or if anyone in the audience had any questions. Mr. Peter Corselli, Engineering Manager at U.S. Growers Cold Storage, addressed the City Council and commended Mr. Wilson for his assistance on this project and the City's cooperation in helping the company complete the project. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the request for an amended Variance from U. S. Growers Cold Storage, Inc., the time being 5:38 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated January 7, 1997 and all supporting documents be received and filed with the change as made by Mr. Wilson so noted, and to amend the Variance granted to U. S. Growers Cold Storage, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "g". Motion carried. 5628 I I City Council Minutes page 8 January 7, 1997 RESOLUTION NO. 6904 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 6643 Which Granted a Variance to U.S. Growers Cold Storage, Inc. From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 3111-3261 44th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6904 be approved as submitted and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated December 13, 1996, was presented, requesting authority and funds for Sergeant James Rodino to attend the Robbery Investigator's Seminar in Las Vegas, January 29-31, 1997, with an expense allowance of $515.04. It was moved by Ybarra, seconded by Davis, that authority be granted for Sgt. James Rodino to attend the afore- mentioned seminar with an expense allowance of $515.04. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated December 13, 1996, was presented, requesting authority and funds for Vernon Service Officer Mark Goodman to attend the Corrections Officer Academy in Riverside, January 16 through March 3, 1997, with an expense allowance of $2357.04. It was moved by Gonzales, seconded by McCormick, that authority be granted for Officer Mark Goodman to attend the aforementioned academy with an expense allowance of $2357.04. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated December 17, 1996, was presented, requesting authority and funds to attend the International Fire Code Institute Overview of the Uniform Fire Code in Whittier, January 16-17, 1997, with an allowance of $250 for the registration fee. It was moved by Ybarra, seconded by Davis, that authority be granted for Kevin Wilson to attend the afore- mentioned conference with an allowance of $250 for the registration fee. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated December 17, 1996, was presented, requesting authority and funds for George Burgess, Engineering Associate, to attend two courses at the International Fire Code Institute Academy in Whittier, January 14-17, 1997, with an expense allowance of $381.50. It was moved by McCormick, seconded by Gonzales, that authority be granted for George Burgess to attend the afore- mentioned courses with an expense allowance of $381.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 18, 1996, was presented, requesting authority and funds for Claudia Aguilar, Secretary, to attend the Business Writing for Results Seminar in Long Beach on February 10, 1997, with an expense allowance of $119. It was moved by Ybarra, seconded by Davis, that authority be granted for Claudia Aguilar to attend the afore- mentioned seminar with an expense allowance of $119. Motion carried. 5627 I I City Council Minutes page 9 January 7, 1997 Communication from Police Chief Louis Rosenkrantz, dated December 19, 1996, was presented, requesting authority and funds for Sergeant Daniel Calleros to attend the Officer Involved Shooting Seminar in Ontario, February 6-7, 1997, with an expense allowance of $172 which will be entirely reimbursed by POST. It was moved by McCormick, seconded by Davis, that authority be granted for Sgt. Daniel Calleros to attend the aforementioned seminar with an expense allowance of $172. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated December 26, 1996, was presented, requesting authority and funds for Police Officer Mason Chancey to attend the Baton Update Course in Riverside on February 3, 1997 with an expense allowance of $71.80 of which $41.80 will be reimbursed by POST. It was moved by Davis, seconded by Ybarra, that authority be granted for Officer Mason Chancey to attend the aforementioned course with an expense allowance of $71.80. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 2, 1997, was presented, advising that the Environmental Services Agreement with Rollins Environmental, Inc. expired December 31. The company advises that they will renew the present agreement for removal and disposal of the City's hazardous waste through December 31, 1997 with no change in costs in accordance with the current agreement. This has been forwarded to the City Attorney for review, and it is hereby recommended to renew the present agreement and execute Amendment No.2 for said renewal. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated January 2, 1997 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6903 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. 2 to the Environmental Services Agreement By and Between the City of Vernon and Rollins Chempak Inc., was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6903 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 2, 1997, was presented, requesting authority and funds for Councilmen William Davis and Michael McCormick to attend the Independent Cities Association 9th Annual Seminar in Santa Barbara, February 14-16, 1997, with an expense allowance of $911 each. It was moved by McCormick, seconded by Davis, that authority be granted for the above listed city officials to attend the aforementioned seminar with an expense allowance of $911 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 2, 1997, was presented, requesting authority and funds to attend the League of California Cities City Managers Department Meeting in Monterey, February 5-7, 1997, with an expense allowance of $955. 5626 I I City Council Minutes page 10 January 7, 1997 It was moved by McCormick, seconded by Davis, that authority be granted for Bruce V. Malkenhorst to attend the aforementioned meeting with an expense allowance of $955. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 2, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held January 6, 1997 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, to approve the recommendations contained in the Agenda for the Personnel Committee Meeting held January 6, 1997. Motion carried. WARRANT REGISTER NO. 954 covering claims and demands presented during the period of December 13, 1996 thru Janua,ry 2, 1997, drawn on Wells Fargo Bank totaling $520,790.47, which includes Demand Nos. 59757 thru 59940 (inclusive), excluding Light and Power Demands and Void Demand Nos. 59802, 59825, 59827 thru 59838 (inclusive) (accounting period January, 1997), was examined and audited. It was moved by Davis, seconded by McCormick, that Warrant Register No. 954 be approved and payment authorized for claims and demands totaling $520,790.47, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 954 covering claims and demands presented during the period of December 13, 1996 thru January 2, 1997, drawn on Wells Fargo Bank totaling $2,282,190.11, which includes Light and Power Demands Nos. as listed below (accounting period January, 1997), was examined and audited: 59764 59765 59772 59773 59774 59776 59777 59778 59782 59787 59789 59790 59792 59793 59794 59795 59796 59797 59798 59799 59800 59801 59803 59807 59811 59820 59841 59857 59878 59881 59899 59915 59933 59937 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 954 be approved and payment authorized for claims and demands totaling $2,282,190.11. Motion carried. deferred. The City Attorney asked that the following matter be 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 December 17, 1996.) It was moved by Davis, seconded by McCormick, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. deferred. The City Attorney asked that the following matter be Consideration of an Amendment to the Edison-Vernon 1993 Settlement Agreement. (Deferred from the City Council Meeting held December 17, 1996.) It was moved by Gonzales, seconded by Ybarra, that the aforementioned matter be deferred to the next City Council Meeting. .. 5625 I I City Council Minutes page 11 January 7, 1997 Consideration of retaining the services of Albert Robles to serve as a consultant in connection with the Alameda Corridor effective January 1997. It was moved Ybarra, seconded by Gonzales, that approval be granted to retain the services of Albert Robles for consulting services regarding the Alameda Corridor. Motion carried. RESOLUTION NO. 6906 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Contractual Services By and Between the City of Vernon and Albert Robles, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6906 be approved and adopted. Motion carried. Mayor Malburg called a recess at 5:55 p.m. The Council reconvened in regular session at 5:58 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Davis, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:58 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, Fire Chief, Police Chief, Mr. Olivo, legal associate from the City Attorney's office, and a Police Officer. 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 Police Officer was excused from the Closed Session at 6 p.m. The Chief of Police was excused from the Closed Session at 6:01 p.m. The Fire Chief was excused from the Closed Session at 6:05 p.m. It was moved by Ybarra, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 6:05 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the Council go into Closed Session to confer on Item Nos. 2 and 3 listed below, the time being 6:06 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, and Mr. Olivo, legal associate from the City Attorney's office. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 5624 I I City Council Minutes page 12 January 7, 1997 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) City of Vernon vs. Central Basin. etc.. Zastrow. et al., LASC No. BC 130693; 2CIV B098203; (c) City of South Gate. et al. vs. Citv of Los Anqeles. et al., LASC No. BC 129447; 2CIV B100019; (d) City of Vernon v.Board of Harbor Commissioners of the City of Lonq Beach. et al., LASC Case No. BC 158591; (Pier T) (e) The Atchison. Tooeka and Santa Fe Railwav vs. City of Vernon; LASC No. BC 123510; 2CIV B102025; (f) The Citv of Vernon v. The Atchison. Tooeka and Santa Fe Railway, CPUC Case No. 96-01-019; (g) CPUC Docket No. A.93-09-006 (SoCalGas) (BCAP) ; (h) CPUC Docket No. A.91-03-039 (SoCalGas) (BCAP) ; (i) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723; (j) Vernon v. Southern California Gas Comoany, CPUC No. 96-05-038; (k) Johnson & Vincent v. Vernon, LASC BS 039646; (1) Allstate. etc. et al. v. Vernon, Case No. VC022411; (m) FERC Docket No. OA-96-76 (Open Access); (n) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (0) Gonzalez. etc.. et al v. U.S. Customs Services. et al., USDC CV96-4361 RJK (Jrx); (p) Lynwood v. Vernon, (Case Number Unknown) ; (q) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger) ; 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: MARION CAMPBELL SORCINELLI Agency claimed against: City of Vernon 5623 I I City Council Minutes page 13 January 7, 1997 It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:21 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the Police Officer be disciplined as recommended. Motion carried. It was moved by Davis, seconded by McCormick, that the Fire Captain be disciplined as recommended. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Firefighter be disciplined as recommended. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Attorney be authorized to intervene in FERC Docket No. EL97-15-000 Merger Application between Enova Corporation and Pacific Enterprises. Motion carried. The Mayor abstained from voting on this matter. 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. Motion carried. ~ .~ ./~ ~"Z.<-., . ~Leonis-C:-M~ 't yor ATTEST: -/~ d Bruce V. Malkenhorst City Clerk 56,22