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19970715 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 15, 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, Davis, McCormick, Gonzales 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 July 1, 1997, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 9, 1997, was presented, advising that the below listed employees have qualified in the month of June 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 04/22/80 06/28/89 06/01/94 04/04/82 06/11/90 03/16/86 06/14/92 04/27/88 08/30/87 04/01/84 02/01/70 02/21/82 12/21/87 12/16/60 05/12/80 06/27/82 Employee Steven Towles, Police Lieutenant Carol Dacey, Customer Service Manager John Salomon, Computer Operations Asst. Richard Lucas, Sr. Building Inspector Christopher Romero, Administrative Aide Robert Martinez, Utilityroan Hector Vasquez, Utilityroan Solomon Benudiz, Police Lieutenant Juan Arellano, Utilityroan Gary Sawyer, Utilityroan Dan Simon, Fire Captain Joe Cervantes, Utilityroan Victor Trujillo, Utilityroan Richard Wiles, Battalion Chief Fernando Weathers, Utilityroan Kevin Wilson, Dir. of Community Services Award 2 Year 3 Year 3 Year 4 Year 4 Year 5 Year 5 Year 6 Year 7 Year 7 Year 7 Year 8 Year 9 Year 10 Year 14 Year 15 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 heads: 06/26/95 09/18/89 04/28/85 01/07/91 08/17/87 09/03/85 03/26/84 06/26/89 Gustavo Alvarran, Police Officer Jeffrey Graves, Firefighter Donald Quiroz, Diesel Operator Todd Schoenig, Fire Engineer Michael Wilson, Battalion Chief David Zapien, Police Officer Theresa Nicholas, Assistant Records Mgr. Mark Whitworth, Fire Captain The Mayor called a recess at 5:10 p.m. 2 Year 2 Year 3 Year 3 Year 6 Year 6 Year 7 Year 8 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 July 1 thru 14, 1997, was presented. 5774 I I City Council Minutes page 2 July 15, 1997 It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period July 1 thru 14, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period July 1 thru 14, 1997, was presented. It was moved by McCormick, seconded by Davis, that the Fire Department Activity Report for the period July 1 thru 14, 1997, be received and filed. Motion carried. Health Department Report for the month of June, 1997, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of June, 1997, be received and filed. Motion carried. Risk Management Report for the month of June, 1997, was presented. It was moved by Davis, seconded by Ybarra, that the Risk Management Report for the month of June, 1997, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the City 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. There was no one who wished to address the City Council at this time. ORDINANCE NO. 1047 - An Ordinance of the City Council of the City of Vernon Amending Chapter 2 of the Code of the City of Vernon, California, 1959, By Amending Sections 2.24, 2.25, 2.27 and 2.28 and By Adding Sections 2.29-1, 2.29-2 and 2.29-3 Regarding the Procedure for the Award of Contracts and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a Second and Final Reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1047 be approved and adopted. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Davis, Gonzales, McCormick None None Communication from Bruce V. Malkenhorst, City Clerk, dated June 24, 1997, was presented, advising that as part of the special conditions of the Community Development Block Grant No. 95-EDBG-390, the "Guidelines for the 1995 City of Vernon Infrastructure Loan Program" have been completed. The guidelines have been reviewed by the Director of Community Services and the City Attorney, and in order to comply with the State Housing and Community Development requirements, it is hereby recommended that the guidelines be approved. (Deferred from the City Council Meeting held July 1, 1997.) The City Attorney addressed the Council and advised on changes that were made by his office to the guidelines submitted by the State. He also advised that if this is not accepted by the State, we would have to take another look at the CDBG program. 5773 I I City Council Minutes page 3 July 15, 1997 It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated June 24, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6987 - A Resolution of the City Council of the City of Vernon Approving and Adopting a City of Vernon Infrastructure Loan Program, State of California CDBG Economic Development Block Grant, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6987 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Jian Jiong Deng for a Variance to occupy a non-conforming building that has been vacant for more than one year at 3620 Santa Fe Avenue in the City of Vernon, the time being 5:17 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated July 9, 1997, was presented, advising that Jian Jiong Deng has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.6-7, Automatic Expiration of Non-Conforming Building, for the building located at 3620 Santa Fe Avenue, 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 one conforming truck parking space. The owner is proposing to provide seven automobile parking spaces, six of which will be provided in tandem. This has been reviewed by the Director of Community Services, and since the submitted plans do not conform with the required size and aisles for automobile parking spaces, it is recommended that the Variance be denied. Tom Dargan, representing the applicant, addressed the Council regarding the concerns of the property owner and the dilemma that they find themselves in at this time. He feels that they have met the concerns of staff, specifically truck parking, loading, and maneuvering. Mr. Dargan was adamant that the building has been brought up to code as much as is possible; but there are even more stringent codes that are being placed on the variance request. Mr. Dargan advised that they cannot make any further changes to the property in order to bring it up to the current code and requested that the City Council seriously consider granting the variance as the zoning ordinance is too strict. Mr. Wilson again addressed the City Council and highlighted some information that is a concern of Mr. Dargan. The Mayor asked how old the building was. The City Clerk advised that he recalled from a previous discussion that it may have been built in the 1950's. Mr. Dargan commented on the present zoning ordinance and its effect on old buildings. 5772 I I City Council Minutes page 4 July 15, 1997 The Mayor stated that this matter has been discussed as fully as possible at this time and it appears that all the necessary information has been submitted by staff and it is suggested that we entertain a motion to close the Public Hearing. It was moved by McCormick, seconded by Davis, to close the Public Hearing concerning the Various request by Jian Jiong Deng, the time being 5:41 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated July 9, 1997, be received and filed, and that his recommendation to deny the variance request be approved. Motion carried. RESOLUTION NO. 6989 - A Resolution of the City Council of the City of Vernon Denying a Variance to Jian Jiong Deng from Section 26.4.6-7, Automatic Expiration of Non- Conforming Building, of the Comprehensive Zoning Ordinance for the Property Located at 3620 Santa Fe Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6989 be approved and adopted. Motion carried. It was moved by McCormick, seconded by Davis, to open the PUBLIC HEARING to consider a request from Armen Keshishyan for a Conditional Use Permit to allow the expansion of an existing truck wash facility at 3308 Bandini Boulevard in the City of Vernon, the time being 5:41 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services, dated July 10, 1997, was presented, advising that Armen Keshishyan has applied for a Conditional Use Permit to operate and expand an existing truck facility at 3308 Bandini Boulevard, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Initial Study and Environmental Checklist; 4. Notice of Public Hearing, Notice of Intent, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing; 5. Proposed Negative Declaration. 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 have no significant effects on the environment since it is an existing facility. The project is consistent with the General Plan as adopted by the City of Vernon. 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 all current codes, rules, regulations, and subject to permit fees as adopted by the City of Vernon. 5771 I I City Council Minutes page 5 July 15, 1997 b. All required federal, state, local, and regulatory agency permits shall be obtained and maintained. Prior to occupancy, a business license and occupancy permit shall be obtained. c. All parking and loading facilities shall be paved and maintained 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 installed and maintained to meet City standards. d. All existing cracked sidewalk, curb, and gutter adjacent to the site on Bandini Boulevard shall be be repaired and maintained to meet City standards. e. No equipment or freight shall be stored on the site, other than in buildings or trailers. f. Servicing of vehicles including washing, steam cleaning, repairing, and maintenance shall be performed in facilities in compliance with appropriate codes. g. The facility shall be operated in a manner which will not impede traffic on Bandini Boulevard. h. A National Pollutant Discharge Elimination system Permit shall be obtained from the California State Board of Water Resources. A Storm Water Pollution Prevention Plan shall be submitted to the Health Department and implemented in order to prevent non-storm water discharges, products, or wastes of any kind from entering the storm drain system. i. The facility shall be in compliance with all Health Department rules and regulations and all required Health Department permits shall be obtained. j. A hazardous materials inventory and business/ contingency plan 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. k. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or spills from vehicles during storage or trans- portation. 1. 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 disposal service. m. The facility's buildings shall be structurally maintained to exclude vermin and the property shall be maintained vermin free. n. A new fuel tank system (including tanks, piping, and monitoring system) shall be installed if the existing monitoring system no longer complies with the Facility Operating Permit for Underground Storage of Hazardous Substances or by December, 1998, as required by local, state, and federal mandates. 5770 I I City Council Minutes page 6 July 15, 1997 It is hereby recommended that the City Council deter.mine that: 1. The project is consistent with the General Plan as adopted by the City of Vernon. 2. The project will not have a significant effect on the environment in this case. 3. The project will not individually or cumulatively have an adverse effect on wildlife resources. It is further recommended that: 1. A Negative Declaration be adopted. 2. A Notice of Determination and a De Minimis Finding be filed with the County Clerk. 3. The Conditional Use Permit be granted to Armen Keshishyan contingent upon their adherence to the aforementioned Conditions "a" thru "n". The Mayor inquired regarding trucks parking overnight at the location and if we were going to allow the drivers or operators to remain or sleep overnight in the truck cab on the premises. The Mayor commented that he recalled this was a problem with the trucks that were parked overnight at the McDonald's location. Mr. Wilson stated that additional Conditions can be set forth that should eliminate that from occurring and asked for a few minutes to prepare them. It was moved by Davis, seconded by Ybarra, to close the Public Hearing regarding the request for a Conditional Use Permit by Armen Keshishyan, the time being 5:50 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that action on this Conditional Use Permit be deferred to later in the meeting when the additional Conditions have been finalized by Mr. Wilson. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 9, 1997, was presented, advising that C.M.D. Partners is the owner of five adjoining parcels of land located at 4733, 4789 and 4889 Lorna Vista Avenue in the City of Vernon. They are requesting an adjustment of the boundary lines between the parcels which will result in a reconfiguration of the five parcels. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Lot Line Adjustment be approved. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated July 9, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6990 - A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment Requested by C.M.D. Partners, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6990 be approved and adopted. Motion carried. 576fl I I City Council Minutes page 7 July 15, 1997 Communication from Bruce V. Malkenhorst, City Clerk, dated July 9, 1997, was presented, transmitting a Water Right License with Coast Packing Company which allows Vernon the rights to extract 350 acre-feet of Coast Packing Company's water at a cost of $145 per acre foot or $50,750 total. The license agreement has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the license be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated July 9, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6991 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License By and Between the City of Vernon and Coast Packing Company, Which Grants the City of Vernon a License to Extract 350 Acre-Feet of Coast's Allowed Pumping Allocation for the Period July 1, 1997 Through June 30, 1998, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6991 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 9, 1997, was presented, transmitting a Water Right License with Kal-Kan Foods, Inc. which allows Vernon the rights to extract 140 acre-feet of Kal-Kan's water at a cost of $145 per acre foot or $20,300 total. The license agreement has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the license be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 9, 1997, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6992 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License By and Between the City of Vernon and Kal Kan Foods, Inc., Which Grants the City of Vernon a License to Extract 140 Acre-Feet of Kal Kan's Allowed Pumping Allocation for the Period July 1, 1997 Through June 30, 1998, was presented. It was moved by Davis, seconded by Gonzales, that solution No. 6992 be approved and adopted. Motion carried. The City Clerk advised that the following matter should be deferred. Communication from Kevin Wilson, Director of Community Services, dated July 10, 1997, advising that the Kendrick Company has submitted Final Parcel Map No. 24455 subdividing the Peerless Pump property located on the west side of Pacific Boulevard between Santa Fe Avenue and Chambers Street, and transmitting the following documents: 1. Final Parcel Map No. 24455 2. Los Angeles County Public Works Acceptance Letter 3. Excerpts from the State Subdivision Map Act. 5768 I I City Council Minutes page 8 July 15, 1997 The company is proposing to split the existing parcels into three lots. The Tentative Parcel Map was approved by City Council on January 23, 1996 with certain "conditions" that have now been completed. The project is consistent with the Vernon General Plan as adopted by the City of Vernon, and is consistent with the State Subdivision Map Act. This has been reviewed by the City Attorney, and it is hereby recommended that Final Parcel Map No. 24455 be approved. It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 15, 1997, was presented, advising that in order to maintain our current level of firm intrastate transmission service from Southern California Gas Company, it is hereby recommended that a Supplement to Master Services Contract Schedule A (Account Number 18-2024-437-877-1) for Intrastate Transmission Service be approved and executed. The supplement has been reviewed by the Director of Light and Power and the City Attorney. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated July 15, 1997, be received and filed, and that his recommendation be approved. Motion carried. Mayor Malburg abstained from voting on this matter. RESOLUTION NO. 6993 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Supplement to Master Services Contract Schedule A (Account Number 18-2024-437-877-1) for Intrastate Transmission Service By and Between the City of Vernon and Southern California Gas Company, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6993 be approved and adopted. Motion carried. Mayor Malburg abstained from voting on this matter. Communication from Bruce V. Malkenhorst, Director of Finance, dated July 10, 1997, was presented, transmitting the Minutes of the Finance Committee Meeting held July 8, 1997, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the Minutes of the Finance Committee Meeting held July 8, 1997 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 10, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held July 14, 1997, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, to approve the recommendations contained on the Agenda for the Personnel Committee Meeting held July 14, 1997. Motion carried. WARRANT REGISTER NO. 968 covering claims and demands presented during the period of June 27 thru July 10, 1997, drawn on Wells Fargo Bank totaling $849,534.26, which includes Demand Nos. 62479 thru 62654 (inclusive), excluding Demand Numbers 62511-62524, and Light and Power Demands, and Void Demand Numbers as listed below (accounting period June paid in July, 1997) - Finance 7, was examined and audited: 62479 62503 62529 62530 62531 62573 57ft1 I I City Council Minutes page 9 July 15, 1997 It was moved by Davis, seconded by McCormick, that Warrant Register No. 968 be approved, excluding Light and Power Demands, and payment authorized for claims and demands totaling $849,534.26. Motion carried. WARRANT REGISTER NO. 968 covering claims and demands presented during the period of June 27 thru July 10, 1997, drawn on Wells Fargo Bank totaling $264,919.08, for Light and Power Demand Numbers as listed below (accounting period June paid in July, 1997) - Finance 7, was examined and audited. 62482 62490 62493 62498 62500 62510 62538 62541 62546 62554 62559 62563 62564 62584 62588 62591 62592 62594 62609 62612 62615 62632 62642 62646 62650 62654 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 968 be approved and payment authorized for Light and Power claims and demands totaling $264,919.08. 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. 493 covering claims and demands presented during the period of May 11 thru June 7, 1997, drawn on Wells Fargo Bank totaling $1,563,604.56 which includes Demand Nos. 5306 thru 5344 (inclusive) (accounting period June, 1997), was examined and audited. It was moved by Ybarra, seconded by McCormick, that Payroll Warrant Register No. 493 be approved and payment authorized for claims and demands totaling $1,563,604.56. Motion carried. WARRANT REGISTER NO. 969 covering claims and demands presented during the period of June 27 thru July 10, 1997, drawn on Wells Fargo Bank totaling $277,492.66, which includes Demand Nos. 62511 thru 62699 (inclusive), excluding Demand Numbers 62525-62654, and Light and Power Demands, and Void Demand Numbers as listed below (accounting period July, 1997) - Finance 8, was examined and audited: 62514 62519 62520 62521 62522 62523 62524 62655 62656 62657 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 969 be approved and payment authorized for claims and demands totaling $277,492.66. Motion carried. WARRANT REGISTER NO. 969 covering claims and demands presented during the period of June 27 thru July 10, 1997, drawn on Wells Fargo Bank totaling $59,846.11, for Light and Power Demands Numbers as listed below (accounting period July, 1997) - Finance 8, was examined and audited: 62515 62516 62517 62673 62680 62685 62690 62699 5766 I I City Council Minutes page 10 July 15, 1997 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 969 be approved and paYment authorized for Light and Power claims and demands totaling $59,846.11. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. Communication from Bruce V. Malkenhorst, City Clerk, dated July 9, 1997, was presented, recommending that the Mayor be authorized to execute on behalf of the City of Vernon a Settlement Agreement and General Release of all Claims in the litigation entitled Airstream Transportation. Inc. et al. v. BJJ Company. Inc.. et aI, LASC Case No. BC 138204. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated July 9, 1997, be received and filed, and that the Mayor is hereby authorized to execute a Settlement Agreement and General Release of all Claims in said litigation. Motion carried. The City Attorney advised the Council that the two following matters should be deferred. Consideration of an Amendment to the Transmission Service Agreement between Sunlaw Cogeneration Partners I and the City of Vernon for a Cogeneration Facility to be located at the southwest corner of Vernon and Alcoa Avenues. Consideration of an Amendment to the Transmission Service Agreement between Sunlaw Cogeneration Partners I and the City of Vernon for a Cogeneration Facility to be located at Downey Road at 50th Street. It was moved by Gonzales, seconded by Davis, that the aforementioned matters be deferred to the next City Council Meeting. Motion carried. The Council returned to the matter of the Conditional Use Permit request by Armen Keshishyan for an existing truck facility at 3308 Bandini Boulevard that was deferred from earlier in the meeting. Mr. Wilson advised Council that two additional Conditions, as listed below, were being placed on the Conditional Use Permit that would address the concerns that were raised during the Public Hearing: o. No vehicles parked at the site shall be be occupied between the hours of 10 p.m and 5 a.m. P. Vehicles parked at the site shall not be used for sleeping or habitation purposes. The Council was satisfied with the additional Conditions prepared by Mr. Wilson and proceeded to take action on the Conditional Use Permit. It was moved by Ybarra, seconded by Davis, that the communication from the Director of Community Services dated July 10, 1997, submitted during the Public Hearing, be received and filed. Motion carried. It was moved by Ybarra, seconded by McCormick, that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. 5765 I I City Council Minutes page 11 July 15, 1997 It was moved by Ybarra, seconded by Davis, that this project will not have a significant effect on the environment. Motion carried. It was moved by Ybarra, seconded by McCormick, that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Ybarra, seconded by McCormick, that a Negative Declaration be adopted. Motion carried. It was moved by Davis, seconded by McCormick, that a Notice of Determination and a De Minimis Finding be filed with the County Clerk. Motion carried. It was moved by Gonzales, seconded by Davis, that the Conditional Use Permit be granted to Armen Keshishyan contingent upon their adherence to Conditions "a" thru "p". Motion carried. RESOLUTION NO. 6988 - a Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Armen Keshishyan for the Expansion of a Truck Terminal at 3308 Bandini Boulevard, was presented. (Deferred from earlier in the meeting) . It was moved by Davis, seconded by McCormick, that Resolution No. 6988 be approved and adopted. Motion carried. The Mayor called a recess at 6:09 p.m. The Council reconvened in regular session at 6:20 p.m., all members present before the recess again being present. The City Clerk advised the Council that late this afternoon staff advised him that legal counsel had pertinent information pertaining to Padilla v. City of Vernon. Superior Court Case No. VC 02 17 92, regarding a mandatory settlement conference on July 24 and a Motion for Summary Judgment on July 25, henceforth, this matter must be discussed and should be placed on the agenda as an emergency matter. It was moved by Gonzales, seconded by Davis, that the litigation entitled Padilla v. City of Vernon, Superior Court Case No. VC 02 17 92, be placed on the agenda for discussion during Closed Session. Motion carried. The City Clerk advised that there were no issues to be discussed in Closed Session Item No. 1 and that no action was necessary. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE 1. One Police Officer Bill of Rights Appeal Hearing 2. One Police Officer Bill of Rights Appeal Hearing It was moved by Ybarra, seconded by Gonzales, that the Council go into Closed Session to confer on Item Nos. 2, 3 and 4 listed below, the time being 6:22 p.m. Motion carried. 5761 I I City Council Minutes page 12 July 15, 1997 All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, and Eduardo Olivo, legal associate from the City Attorney's office. 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 Municipal Water District, LASC No. BC 121124; 2CIV B101606; (b) City of Vernon vs. Central Basin. etc.. Zastrow. et al., LASC No. BC 130693; (c) City of South Gate. et al. vs. City of Los Angeles. et al., LASC No. BC 129447; 2CIV B100019; Supreme Court No. S057753; (d) City of Vernon v. Board of Harbor Commissioners of the City of Long Beach. et al., LASC Case No. BC 158591; (Pier T) (e) The Atchison. Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; 2CIV B102025; (f) The City of Vernon v. The Atchison. Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (g) Vernon v. Southern California Gas Company, CPUC No. 96-05-038; S060700 (h) Johnson & Vincent v. Vernon, LASC BS 039646; (i) FERC Docket Nos. OA-96-76; ER97-2355 (Open Access) ; (j) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (k) Gonzalez. etc.. et al v. U.S. Customs Services. et al., USDC CV96-4361 RJK (Jrx); (1) Lynwood v. Vernon, LASC BS 041786; (m) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (n) City of Orange. et al. v. Alabama Treasury, et al., LASC Case No. BC 106461; (0) Salisbury v. Vernon, LASC BS 044810; (p) Airstream Transportation. etc./Haskett v. Vernon LASC BC 138204; 576ft City Council Minutes page 13 July 15, 1997 (q) (r) (s) (t) FERC Docket No. RP97-284 (SCE v. Gas) i CPUC Application No. 97-03-015 (Mexicali) i CPUC No. R.97-04-011/I.97-04-012 (Gas) i Padilla vs. City of Vernon. Superior Court Case No. VC 02 17 92 I 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: MIGUEL BAROCIO Agency claimed against: City of Vernon 4. 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: One (1) potential case It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:38 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Liability Claim of Miguel Barocio be denied. Motion carried. .;1', ,;,-..., It was moved by Gonzales, seconded by McCormick, that the City Attorney's actions in protesting and intervening in FERC Docket No. OA97-604-000 are hereby ratified. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by McCormick, that the meeting adjourn. Motion carried. I ~~~' eonis C. Mal urg or ATTEST: ?L- /~ Bruce V. Malkenhorst City Clerk \, , .:, 'j 576!