19970819 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD AUGUST 19,
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 Gonzales, that
the Minutes of the City Council Meeting held July 15, 1997, be
deferred to the next City Council meeting. Motion carried.
It was moved by Gonzales, seconded by McCormick, that
the Minutes of the City Council Meeting held August 5, 1997, be
deferred to the next City Council meeting. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 13, 1997, was presented advising that the below
listed employees have qualified for a Perfect Attendance Award.
This is awarded to employees on the basis of a minimum of two (2)
years of perfect attendance:
The Mayor presented awards to the below mentioned
employees and extended congratulations on behalf of the entire
City Council.
Date of Hire
Employee
Award
02/26/90
03/16/86
07/09/90
07/01/90
Darren Simpkins, Firefighter
Jeff Wightman, Utilityman
Kenneth DeDario, Director of Light & Power
Ali Nourmohamadian, Electrical Engineer
3 Year
3 Year
7 Year
7 Year
The following employees were unable to attend the
meeting and their awards were accepted by their respective
department heads:
07/27/92
03/09/92
09/28/86
12/08/85
07/01/87
12/16/85
08/19/84
Richard Sweeney, Res & proj Plan Mgr
Stacy Waterfall, Dispatcher
Gerald Chavez, Utilityman
Rex Hill, Police Officer
Adam Alvarez, Utilityman
Steven Hartsfield, Utilityman
Luis Reynoso, Utilityman
5 Year
5 Year
7 Year
7 Year
8 Year
8 Year
10 Year
The Mayor called a recess at 5:09 p.m.
The Council reconvened in regular session at 5:10
p.m., all members present before the recess again being present.
Police Department Activity Log for the period August
1 thru 15, 1997, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period August 1 thru 15,
1997, be received and filed. Motion carried.
Fire Department Activity Report for the period August
1 thru 15, 1997, was presented.
It was moved by Ybarra, seconded by McCormick, that
the Fire Department Activity Report for the period August 1 thru
15, 1997, be received and filed. Motion carried.
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Health Department Report for the month of July, 1997,
was presented.
It was moved by Gonzales, seconded by Ybarra, that
the Health Department Report for the month of July, 1997, be
received and filed. Motion carried.
Risk Management Report for the month of July, 1997,
was presented.
It was moved by McCormick, seconded by Davis, that
the Risk Management Report for the month of July, 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.
It was moved by Ybarra, seconded by Gonzales, to open
the PUBLIC HEARING to consider a request from Excelpro, Inc., for
a Variance to allow utilization of ten non-conforming truck
loading spaces at the property located at 2800 Ayers Avenue in
the City of Vernon, the time being 5:12 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 August 12, 1997, was presented, advising that Excelpro,
Inc., submitted an application for a Variance from the
Comprehensive Zoning Ordinance, Section 26.4.2-8, Development
Standards, for the property located at 2800 Ayers Avenue, and
transmitting the following supporting 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 ten non-conforming truck loading spaces
measuring 10.0 feet in width and various feet in length. They
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 ten non-conforming truck
loading spaces shall be limited so that any truck
parked at, or using, the loading docks does not
extend into the existing street right-of-way as
shown on the Master Plan of Streets, dated June
16, 1992.
b. All existing and future tenants shall be notified
of this restriction and a condition stating this
shall be placed in all future leases.
The Mayor asked if there were any questions from the
City Councilor anyone in the audience.
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There were no questions from the City Councilor any
other person at this time.
It was moved by McCormick, seconded by Davis, to
close the Public Hearing concerning the Variance request to
Excelpro, Inc., the time being 5:15 p.m. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk dated August 12, 1997, and
all supporting documents, be received and filed as evidence, and
that his recommendation be approved. Motion carried.
RESOLUTION NO. 7003 - A Resolution of the City
Council of the City of Vernon Granting a Variance to Excelpro,
Inc., from Section 26.4.2-8, Development Standards, of the
Comprehensive Zoning Ordinance, for the property located at 2800
Ayers Avenue in the City of Vernon, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7003 be approved and adopted. Motion carried.
It was moved by Gonzales, seconded by Davis, to open
the PUBLIC HEARING to consider a request from Aaron Magidow and
Neil Toriello for a Variance to allow utilization of five non-
conforming truck loading spaces at the property located at 4820
Everett Avenue in the City of Vernon, the time being 5:16 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 August 12, 1997, was presented, advising that Aaron Magidow
and Neil Toriello have submitted an application for a Variance
from the Comprehensive Zoning Ordinance, Section 26.4.2-8,
Development Standards, for the property located at 4820 Everett
Avenue, and transmitting the following supporting 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 five non-conforming truck loading spaces
measuring 10.0 feet in width and 41.3 feet in length. They 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 five non-conforming truck
loading spaces shall be limited so that any truck
parked at, or using, the loading docks does not
extend into the existing street right-of-way as
shown on the Master Plan of Streets, dated June
16, 1992.
b. All existing and future tenants shall be notified
of this restriction and a condition stating this
shall be placed in all future leases.
The Mayor asked if anyone in the audience or on the
Council had any questions for Mr. Kevin Wilson.
There were no questions.
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It was moved by McCormick, seconded by Ybarra, to
close the Public Hearing concerning the Variance request by Aaron
Magidow and Neil Toriello, the time being 5:18 p.m. Motion
carried.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk dated August 12, 1997, and
all supporting documents, be received and filed as evidence, and
that his recommendation be approved. Motion carried.
RESOLUTION NO. 7004 - A Resolution of the City
Council of the City of Vernon Granting a Variance to Aaron
Magidow and Neil Toriello from Section 26.4.2-8, Development
Standards, of the Comprehensive Zoning Ordinance, for the
property located at 4820 Everett Avenue in the City of Vernon,
was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7004 be approved and adopted. Motion carried.
It was moved by Davis, seconded by Ybarra, to open
the PUBLIC HEARING to consider a request from Innovative Waste
Control, Inc., for a Conditional Use Permit to operate a solid
waste transfer station at 4133 Bandini Boulevard in the City of
Vernon, the time being 5:19 p.m. Motion carried.
Kevin Wilson, Director of Community Services,
addressed the Council and provided them with a brief overview of
the proposed project.
Communication from Kevin Wilson, Director of
Community Services & Water, dated August 13, 1997, was presented,
advising that Innovative Waste Control, Inc., has applied for a
Conditional Use Permit to operate a solid waste transfer station
at 4133 Bandini Boulevard, and transmitting the following
supporting documents:
1. Request for Conditional Use Permit and
information supporting the application;
2. Engineer's Report;
3. Environmental Checklist Form and Initial Study;
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 with Mitigation
Monitoring Program;
6. Written comments received by the City of Vernon
and response to comments.
In my opinion, the proposed operation will pose no
adverse effects to the City of Vernon and, with the required
Mitigation Monitoring Program, will have no significant effects
on the environment. Also, the project is consistent with the
General Plan as adopted by the City of Vernon.
It is recommended that a Negative Declaration be
adopted with the Mitigation Monitoring Program and that a Notice
of Determination and a De Minimis Finding be filed with the
County Clerk.
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Based on the aforementioned, it is recommended that
the City Council determine:
1) That the project is consistent with the General
Plan as adopted by the City of Vernon;
2) That the project will not have a significant
effect on the environment in this case because of the Mitigation
Monitoring Program; and
3) That the project will not individually or
cumulatively have an adverse effect on wildlife resources.
It is also recommended that the Conditional Use
Permit be granted subject to the following conditions:
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 and all Federal, State and local control
agencies.
b. All required federal, state, local, and
regulatory agency permits shall be obtained prior
to operation including, but not limited, to the
Los Angeles County Sanitation Districts,
Regional Water Quality Control Board and the
Solid Waste Local Enforcement Agency/California
Integrated Waste Management Board.
c. All existing cracked sidewalk, curb, and gutter
adjacent to the site on Bandini Boulevard shall
be repaired and maintained to meet City
Standards.
d. The owner of the property shall provide to the
City of Vernon a utility easement for the
underground electrical lines which are located on
the property in a form and manner subject to
approval of the Director of Community Services &
Water.
e. The facility shall be operated in compliance with
the "Mitigation Monitoring Program for Innovative
Waste Control, Inc. Solid Waste Transfer Station
located at 4133 Bandini Boulevard, Vernon,
California" dated July 2, 1997, attached to the
Negative Declaration and made a part hereof.
Mr. Wilson also addressed a communication that was
received from the City Attorney of the City of Commerce and
stated that due to insufficient time to respond to the
communication, he was asking that this hearing be continued to
the next City Council meeting and that the Council not take any
action at this time.
Harold Arsenian, on behalf of Innovative Waste
Control, Inc., addressed the City Council and stated that he was
there to answer any questions the City Councilor other staff
members had concerning this project.
Mayor Malburg asked if anyone else wished to address
the City Council on this matter.
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Elsa Lopez, Project Director of the Mothers of East
Los Angeles, spoke to City Council on the project and applauded
Mr. Arsenian and his earnest energy to include the local
community in his efforts to get this project started. Ms. Lopez
advised that the MELA were in support of this project.
Don Stockenberg, on behalf of Innovative Waste, Inc.,
advised that the company is trying wholeheartedly to move forward
on this project in a positive manner and to abide by the
guidelines that the City is imposing on them.
Marty Burton, Assistant City Attorney of the City of
Commerce, addressed the City Council and stated that he
appreciates the Council's interest in thoroughly reviewing this
project before going forward. He stated that he felt their
letter primarily recites their concerns and that the City Council
of the City of Commerce appreciates the City of Vernon's City
Council's commitment to thoroughly review a project such as this
before moving on it.
It was moved by Davis, seconded by Ybarra, to
continue the Public Hearing concerning the Conditional Use Permit
by Innovative Waste Control, Inc. and to defer the following
resolution to the next City Council meeting, the time being 5:41
p.m. Motion carried.
RESOLUTION NO. 7006 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to Innovative Waste Control, Inc., for the Operation of a Solid
Waste Transfer Station at 4133 Bandini Boulevard.
Communication from Lewis J. Pozzebon, Director of
Environmental Health, dated July 31, 1997, was presented
transmitting the inspection report, in compliance with Section
459 of the Health and Safety Code, of the City of Vernon jail,
which was inspected on July 22, 1997.
It was moved by Gonzales, seconded by Ybarra, that
the inspection report, in compliance with Section 459 of the
Health and Safety Code, of the City of Vernon jail, which was
inspected on July 22, 1997, be received and filed. Motion
carried.
Communication from Dave Telford, Fire Chief, dated
August 6, 1997, was presented requesting authority and funds for
his attendance to the Workshop for Fire Chiefs & City Managers at
the UCLA Conference Center in Lake Arrowhead, September 24 thru
26, 1997, with an expense allowance of $335.
It was moved by Davis, seconded by Ybarra, that
authority be granted for Dave Telford, Fire Chief, to attend the
aforementioned workshop with an expense allowance of $335.
Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated August 11, 1997, was presented
requesting authority and funds for his attendance to the
California Conference of Directors of Environmental Health Annual
Meeting at Lake Tahoe, September 23 thru 26, 1997, with an
expense allowance of $971.80.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Lewis Pozzebon, Director of
Environmental Health, to attend the aforementioned meeting with
an expense allowance of $971.80. Motion carried.
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Communication from Louis Rosenkrantz, Chief of
Police, dated August 12, 1997, was presented requesting authority
and funds for Sergeant Steven Coday to attend a supervisory
course in Whittier, September 29 thru October 10, 1997, with an
expense allowance of $223.70.
It was moved by McCormick, seconded by Davis, that
authority be granted for Sergeant Steven Coday to attend the
aforementioned course with an expense allowance of $223.70.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 12, 1997, was presented, transmitting the Water
Right License and Agreement with the City of Montebello for the
rights to 80 acre-feet of water. The cost of this water is
$145.00 per acre foot or $11,600.00 total. This has been
reviewed by the Director of Community Services & Water and the
City Attorney, and it is recommended that a one year lease and
agreement be executed with the City of Montebello for the water
rights.
RESOLUTION NO. 7007 - 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 the City of Montebello Which Grants the City of Vernon
a License to Extract 80 Acre-Feet of the City of Montebello's
Allowed Pumping Allocation for the Period July 1, 1997, through
June 30, 1998.
It was moved by Davis, seconded by Ybarra, that the
above matter be deferred to the next City Council meeting.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 13, 1997, was presented transmitting evidence of
studies required by the Los Angeles County Metropolitan
Transportation Authority and outlined in the Congestion
Management Plan Land Use Analysis Program for the City of Vernon.
Based on the evidence, it has been determined that the City of
Vernon is in conformance with the Land Use Analysis Program, and
it is hereby recommended that the City Council adopt a resolution
for self-certification.
It was moved by Gonzales, seconded by McCormick, that
the evidence of studies required by the Los Angeles County
Metropolitan Transportation Authority and outlined in the
Congestion Management Plan Use Analysis Program for the City of
Vernon be received and filed. Motion carried.
RESOLUTION NO. 7005 - A Resolution of the City
Council of the City of Vernon Finding the City of Vernon to be in
Conformance with the Congestion Management Program (CMP) as
Established by the Los Angeles County Metropolitan Transportation
Authority, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7005 be approved and adopted. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated August 13, 1997, was presented
requesting authority and funds for Dan Downing, Chief Deputy
Director, Department of Environmental Health, to attend the
Environmental Health Data Management User's Group Meeting at
Sacramento on September 11, 1997, with an expense allowance of
$187.00.
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It was moved by McCormick, seconded by Gonzales, that
authority be granted for Dan Downing, Chief Deputy Director,
Department of Environmental Health, to attend the aforementioned
meeting with an expense allowance of $187.00. Motion carried.
Communication from Joan Francone, Risk Manager/
Personnel Assistant, dated August 14, 1997, was presented
requesting authority and funds for her to attend the 1997 Labor &
Employment Law Symposium at Monterey, California, September 25
thru 26, 1997, with an expense allowance of $1,042.88.
It was moved
authority be granted for
Assistant, to attend the
allowance of $1,042.88.
by Gonzales, seconded by Ybarra, that
Joan Francone, Risk Manager/Personnel
aforementioned symposium with an expense
Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 14, 1997, was presented
requesting that the City Council recess into closed session,
under the authority of Government Code Section 54956.8, to
consider giving authorization and directions to the City Clerk to
negotiate the acquisition price of certain property owned by
Alcoa Company of America, on Boyle Avenue, in the City of Vernon.
The City Clerk advised that the aforementioned matter
should be deferred to a later time in this meeting.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated August 14, 1997, was presented transmitting the
Agenda for the Personnel Committee Meeting to be held August 18,
1997, for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Gonzales, to
approve the recommendations contained in the Agenda for the
Personnel Committee meeting held August 18, 1997. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated August 14, 1997, was presented transmitting the
Agenda for the Adjourned Regular Finance Committee Meeting to be
held August 18, 1997, for approval of the recommendations
contained therein.
It was moved by Ybarra, seconded by Davis, to approve
the recommendations contained in the Agenda for the Finance
Committee meeting held August 18, 1997. Motion carried.
RESOLUTION NO. 7008 - A Resolution of the City
Council of the City of Vernon Authorizing the Sale of Surplus
Property from the Following Departments: City Administrator/City
Clerk (Finance), Community Services, Fire, and Police (Jail),
Pursuant to Section 2.31 of the Vernon City Code, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7008 be approved and adopted. Motion carried.
The City Clerk advised that the following two
resolutions should be deferred:
RESOLUTION NO. 7009 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Fourth Side-Letter Agreement By and Between the
Municipal Employee Relations Representative ("MERR") of the City
of Vernon and the Vernon Police Officers' Benefit Association
("VPOBA") (Employee Group 2), was presented.
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RESOLUTION NO. 7010 - A Resolution of the City
Council of the City of Vernon Amending Section 25 and Schedule
II, Exhibit "B", Page 14, and Schedule V, Exhibit E, of
Resolution No. 6976, which Fixed the Compensation for Certain
Employees of Said City and Authorized Certain Expense Allowances,
was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution Nos. 7009 and 7010 be deferred to the next City
Council meeting. Motion carried.
WARRANT REGISTER NO. 971 covering claims and demands
presented during the period of August 1 thru August 14, 1997,
drawn on Wells Fargo Bank totaling $481,092.73, which includes
Demand Numbers 62926 thru 63128 (inclusive), excluding Light and
Power Demands, and the Void Demands listed below (accounting
period August, 1997) was examined and audited:
62948
62984
62985
62986
62987
It was moved by Davis, seconded by Ybarra, that
Warrant Register no. 971 be approved and payment authorized for
claims and demands totaling $481,092.73, excluding Light and
Power Demands and Void Demands listed above. Motion carried.
WARRANT REGISTER NO. 971 covering claims and demands
presented during the period of August 1 thru August 14, 1997,
drawn on Wells Fargo Bank totaling $1,111,002.42, which includes
Light and Power Demand Numbers as listed below (accounting period
August, 1997) was examined and audited:
62926 62949 62956 62983 63016 63050 63088 63111
62931 62950 62958 63005 63021 63059 63089 63117
62932 62951 62973 63009 63035 63061 63096 63118
62933 62952 62978 63012 63038 63079 63098 63121
62937 62953 62979 63013 63045 63086 63109 63125
62940 62954 62980
It was moved by Gonzales, seconded by McCormick, that
Warrant Register No. 971 be approved and payment authorized for
Light and Power claims and demands totaling $1,111,002.42.
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. 494 covering claims and
demands presented during the period of June 8 thru July 19, 1997,
drawn on Wells Fargo Bank totaling $2,463,713.59 which includes
Demand Numbers 5345 thru 5393 (inclusive) (accounting period
July, 1997) was examined and audited.
It was moved by Ybarra, seconded by Gonzales, that
Payroll Warrant Register No. 494 be approved and payment
authorized for claims and demands totaling $2,463,713.59. Motion
carried.
The Mayor called a recess at 5:51 p.m.
The Council reconvened in regular session at 6:00
p.m., all members present before the recess again being present.
It was moved by Ybarra, seconded by Gonzales, that
the Council go into Closed Session, Item #1, the time being 6:01
p.m. Motion carried.
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All persons were excluded from Closed Session except
the City Clerk, Chief of Police, Acting Police Captain, Chief
Deputy City Clerk, Director of Community Services, Eduardo Olivo,
legal associate from the City Attorney's Office, and the
Utilityman.
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 Utilityman was excused at 6:09 p.m.
6:10 p.m.
The Director of Community Services was excused at
b. POLICE OFFICER PROCEDURAL BILL OF RIGHTS APPEAL
Former Police Officer and his attorney appeared
before the Council at 6:11 p.m.
There was a court reporter present to transcribe the
proceedings of the hearing.
The Chief of Police, Captain, former Police Officer,
his attorney and the court reporter were excused at 6:43 p.m.
It was moved by McCormick, seconded by Ybarra, that
the City Council go out of Closed Session Personnel, the time
being 6:45 p.m. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated August 14, 1997, was presented
requesting that the City Council recess into closed session,
under the authority of Government Code Section 54956.8, to
consider giving authorization and directions to the City Clerk to
negotiate the acquisition price of certain property owned by
Alcoa Company of America, on Boyle Avenue, in the City of Vernon,
(deferred from earlier in the meeting) .
It was moved by Gonzales, seconded by Davis that the
City Council go into Closed Session to confer on Item Nos. 2. 3
and, pursuant to the City Administrator/City Clerk's aforemen-
tioned communication, Item No. 4 listed below, the time being
6:45 p.m. Motion carried.
All persons were excluded from Closed Session except
the City Clerk, Chief Deputy City Clerk, and Eduardo Olivo, legal
associate from the City Attorney's Office.
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
(a) City of Vernon vs. Central Basin Municipal
Water District, LASC No. BC 121124;
2CIV B101606;
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(b) City of Vernon vs. Central Basin. etc..
Zastrow. et al., LASC No. BC 130693;
(c) City of South Gate. et ale 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 Lon9 Beach. et
al., LASC Case No. BC 158591; 2CIV Bl12374
(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
aqd 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 No. OA-96-76, et al; (Open
Access) ;
(j) ER97-2355;
(k) FERC Docket Nos. EC96-19-000, ER96-1633
and EL96-48 (Restructuring);
(I) Gonzalez. etc.. et ale v. u.S. Customs
Services. et al., USDC CV96-4361 RJK (JRx);
(m) Lynwood v. Vernon, LASC BS 041786;
(n) CPUC Application No. 96-10-038 (SDG&E/
SoCalGas Merger); FERC Docket No. EL97-15
(ENOVA/PACIFIC ENTERPRISES); FERC Docket No.
EC97-12-000;
(0) City of Orange. et ale v. Alabama Treasury,
et al., LASC Case No. BC 106461;
(p) Salisbury v. Vernon, LASC BS 044810;
(q) FERC Docket No. RP97-284 (SCE v. Gas);
(r) CPUC Application No. 97-03-015 (Mexicali);
(s) CPUC No. R.97-04-011/I.97-04-012 (Gas);
(t) TOMCO Auto Products. Inc. v. Vernon, Norwalk
Superior Court No. VC023838;
(u) Padilla v. City of Vernon, Superior Court
Case No. VC 021792;
3. With respect to every item of business to be
discussed in closed session pursuant to subdivision (c) of
Government Code Section 54956.9.
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CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Initiation of litigation: One (1) potential case.
4. With respect to every item of business to be
discussed in closed session pursuant to Government Code Section
54956.8.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property:
Negotiating Party:
Under Negotiation:
Boyle Avenue
Alcoa Aluminum Co. of America
Instruction to negotiate
purchase price
It was moved by McCormick, seconded by Davis, that
the Council go out of Closed Session and resume regular session,
the time being 6:58 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
Utilityman be disciplined based on the recommendation of the
Director of Community Services with concurrence of the City
Administrator. Motion carried.
It was moved by Davis, seconded by Gonzales, that the
City Administrator/City Clerk be authorized to negotiate the
acquisition of certain property owned by the Alcoa Company of
America in accordance with instructions given during Closed
Session. Motion Carried.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Davis, that the meeting adjourn. Motion carried.
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Bruce V. Malkenhorst
City Clerk
5788