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19971007 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 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, 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 September 2, 1997, be deferred to the next City Council Meeting. Motion carried. It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held September 16, 1997, be deferred to the next City Council Meeting. Motion carried. The City Clerk announced that now was the time to present service pens to the following two employees: Andrew Thompson, Utilityman II, 10 years Christian Moscoso, Acting Sergeant, 10 years The Mayor presented Service Pins to the afore- mentioned employees and extended congratulations on behalf of the entire City Council. The Mayor called a short recess, the time being 5:25 p.m. Council reconvened at 5:27 p.m. Mr. Albert Robles presented the City Council with two checks in the amounts of $15,803.57 and $273,398.40 as rebates from the Central Basin Municipal Water District and for the city's participation in the In-Lieu Replenishment Agreement. Police Department Activity Log for the period September 16 thru 30, 1997, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period of September 16 thru 30, 1997, be received and filed. Motion carried. Fire Department Activity Report for the period September 16 thru 30, 1997, was presented. It was moved by McCormick, seconded by Ybarra, that the Fire Department Activity Report for the period of September 16 thru 30, 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 item on the Agenda other than with regard to any Public Hearings that may be listed. The Mayor asked if anyone in the audience wished to address the Council at this time. There was no one in the audience who wished to address the City Council at this time. 584a I I City Council Meeting Minutes page 2 October 7, 1997 The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a request for the purpose to obtain testimony from affected and/or interested parties regarding the Los Angeles County Countywide Integrated Waste Management Summary Plan and Countywide Siting Element. It was moved by Davis, seconded by Gonzales, to open the Public Hearing regarding the Los Angeles County Countywide Integrated Waste Management Summary Plan and Countywide Siting Element. Motion carried. Lewis Pozzebon, Director of Environmental Health, addressed the City Council and summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated September 30, 1997, was presented, advising that Los Angeles County Department of Public Works has submitted the Countywide Integrated Waste Management Plan and Summary, and the Los Angeles County Countywide Siting Element. These multi-volume documents have been reviewed by staff of our Health Department. A draft form of the Plan & Summary, and the Siting Element were previously reviewed by staff and comments were submitted to the County in June 1996 and are incorporated into the current documents. It is the Department's opinion that both documents are complete and concise. Transmitted herewith as evidence is: 1. Notice of Public Hearing; 2. Affidavit of Posting; 3. Proof of Publication; 4. Communication from City of Claremont dated August 20, 1997, addressing their concerns; and 5. Communication dated October 2, 1997, to the City of Claremont responding to their concerns. It is hereby recommended that the Los Angeles County Countywide Integrated Waste Management Plan and Summary, and the Los Angeles County Countywide Siting Element be approved and resolutions be adopted determining same. The City Attorney asked if this has any effect on waste to energy sites. Lewis Pozzebon replied that no, those types of sites are mentioned, however there are no limitations to any proposed site. Councilman Gonzales asked what were Claremont's concerns. Mr. Pozzebon replied that Claremont's concerns are about landfills that are going to be closed and having to go to Santa Clarita which would increase the traffic flow. The County is trying to resolve these issues but, in those cases, there were no decisive answers to Claremont's concerns. 5842 I I City Council Meeting Minutes page 3 October 7, 1997 It was moved by McCormick, seconded by Ybarra, to close the Public Hearing regarding the Los Angeles County Countywide Integrated Waste Management Summary Plan and Countywide Siting Element, the time being 5:35 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk, dated September 30, 1997, be received and filed as evidence, and that his recommendations be approved. Motion carried. RESOLUTION NO. 7028 - A Resolution of the City Council of the City of Vernon Approving the Los Angeles County Countywide Integrated Waste Management Summary Plan, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7028 be approved and adopted. Motion carried. RESOLUTION NO. 7029 - A Resolution of the City Council of the City of Vernon Approving the Los Angeles County Countywide Siting Element for Solid Waste Disposal Facilities, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7029 be approved and adopted. Motion carried. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a request from Feliciano Diaz dba F.D. Cutting Service to grant a Variance to allow the tenant to utilize twelve non-conforming truck spaces at 4520 Everett Avenue, City of Vernon. It was moved by Ybarra, seconded by Davis, to open the Public Hearing concerning the request from Feliciano Diaz dba F.D. Cutting Service to grant a Variance, the time being 5:37 p.m. Motion carried. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this issue. Communication from Bruce V. Malkenhorst, City Clerk, dated September 30, 1997, was presented, advising that Feliciano Diaz dba F.D. Cutting Service has submitted a variance application requesting a variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8 Development Standards, for the building located at 4520 Everett Avenue. The building has twelve non-conforming truck loading spaces measuring 10.0 feet in width and 49.6 in length. He is proposing to use only vehicles of a smaller length at the non-conforming truck loading spaces. Herewith is the following evidence: 1. Application for variance. 2. Affidavits of posting and mailing. 3. Notice of public hearing. 4. Engineer's report. It is hereby recommended that the variance be granted subject to the following conditions: 5841 I I City Council Meeting Minutes page 4 October 7, 1997 (a) The usage of the twelve non-conforming truck loading spaces shall be limited so that any truck parked at or using the loading docks shall 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 was anyone in the audience who had questions for Mr. Wilson on this matter. There were no questions from the audience. It was moved by Davis, seconded by McCormick, to close the Public Hearing concerning the request from Feliciano Diaz dba F.D. Cutting Service to grant a Variance, the time being 5:39 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk, dated September 30, 1997, be received and filed as evidence, and that his recommendations be approved. Motion carried. RESOLUTION NO. 7026 - A Resolution of the City Council of the City of Vernon Granting a Variance to Feliciano Diaz dba F.D. Cutting Service from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, to the Property Located at 4520 Everett Avenue in the City of Vernon, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7026 be approved and adopted. Motion carried. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a request from Far East National Bank to grant a Variance to allow tenant to utilize three non-conforming truck spaces at 4901-4903 Pacific Boulevard, City of Vernon. It was moved by McCormick, seconded by Ybarra, to open the Public Hearing concerning the request from Far East National Bank to grant a Variance, the time being 5:39 p.m. Motion carried. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated September 30, 1997, was presented, advising that Far East National Bank has submitted a variance application requesting a variance from the Comprehensive Zoning Ordinance, Section 26.4.2- 8 Development Standards, for the building located at 4901-4903 Pacific Boulevard. The building has three non-conforming truck loading spaces measuring 10.0 feet in width, with two being 24.5 feet in length and one being 31.0 feet in length. It is proposing to use only vehicles of a smaller length at the non- conforming truck loading spaces. Herewith is the following evidence: 5.840 I I City Council Meeting Minutes page 5 October 7, 1997 1. Application for variance. 2. Affidavits of posting and mailing. 3. Notice of public hearing. 4. Engineer's report. It is hereby recommended that the variance be granted subject to the following conditions: (a) The usage of the three non-conforming truck loading spaces shall be limited so that any truck parked at or using the loading docks shall 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 was anyone in the audience who would like to speak to this matter. Mr. Harry Gilmore, of Harper Air Tool, addressed the Council and advised that he owns the property next door to the subject building and complained of ongoing problems with their parking. He objects to the variance on the grounds that previous tenants continually parked trucks in his driveway, causing the driveway to be blocked and their not being able to use it. Councilman Gonzales asked if Mr. Gilmore's driveway was the only driveway accessing the property. Mr. Gilmore said that it was. Mayor Malburg asked if there was a tenant in the building now. Kevin Wilson said no, there was not a current tenant, but the building owners were seeking one and that is why he placed condition "b" on the variance. It was moved by Gonzales, seconded by McCormick, that the Public Hearing pertaining to a variance request be continued to the next City Council meeting and the following resolution be deferred. Motion carried. RESOLUTION NO. 7027 - A Resolution of the City Council of the City of Vernon Granting a Variance to Far East National Bank from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, to the Property Located at 4901-4903 Pacific Boulevard in the City of Vernon. Communication from Bruce V. Malkenhorst, City Clerk, dated September 10, 1997, transmitting one-year lease for the Water Right License with California Water Service Company. It is recommended that the Agreement be approved, and the Mayor and City Clerk be authorized to sign the Agreement. (Deferred from the City Council Meeting held September 16, 1997.) 5839 I I City Council Meeting Minutes page 6 October 7, 1997 RESOLUTION 7021 - 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 California Water Service Company Which Grants the City of Vernon a License to Extract 900 Acre-Feet of California Water Service Company's Allowed Pumping Allocation for the Period July 1, 1997 Through June 30, 1998. (Deferred from the City Council Meeting held September 16, 1997.) It was moved by McCormick, seconded by Ybarra, that the aforementioned matter be deferred to the next scheduled City Council Meeting. Motion carried. Communication from Acting Police Chief Bruce Olson, dated September 10, 1997, was presented, requesting authority and funds for Acting Sergeant Christian Moscoso to attend the Supervisory Course at Huntington Beach on October 20 thru 31, 1997, with an expense allowance of $1,365.14 of which POST reimburses $1,188.14. authority attend the $1,365.14. It was moved by Ybarra, seconded by Davis, that be granted for Acting Sergeant Christian Moscoso to aforementioned course with an expense allowance of Motion carried. Communication from Acting Police Chief Bruce Olson, dated September 16, 1997, was presented, requesting authority and funds for Sergeants Ben Busse and Steven Coday to attend the Police Pursuit Liability Workshop at Irvine on October 24, 1997, with an expense allowance of $130.64 each, all of which will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Sergeants Ben Busse and Steven Coday to attend the aforementioned course with an expense allowance of $130.64 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 22, 1997, was presented, requesting an extension from Sears Roebuck and Company, for a temporary office trailer permit to August 21, 1998. They anticipate construction of permanent offices at this site, 2737 54th Street, during this time period. This has been reviewed by the Director of Community Services and it is hereby recommended that the extension be granted. It was moved by Ybarra, seconded by Davis, that an extension be granted to Sears Roebuck and Company of their temporary office trailer permit to August 21, 1998. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 23, 1997, was presented, transmitting an Addendum to the Agreement Between the City of Vernon and Box USA Group, Inc. The Agreement was originally approved by the City Council on July 1, 1997. The Addendum amends Section 3 of the Agreement, to correct a clerical error and better express the parties' intent. This has been reviewed by the City Attorney and it is recommended that said Addendum be approved. It was moved by Gonzales, seconded by McCormick, that the Addendum to the Agreement Between the City of Vernon and Box USA Group, Inc., be approved and adopted. Motion carried. 5838 I I City Council Meeting Minutes page 7 October 7, 1997 RESOLUTION NO. 7031 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Addendum to the Traffic Signal Construction and Maintenance Agreement Between the City of Vernon and Four M Manufacturing Group of California, Inc., dba Box USA Group, Inc., was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7031 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated September 24, 1997, was presented, transmitting a fully executed Easement from Adaya Asset District for a strip of property located north of District Boulevard, near Corona Avenue, and is for electric utility purposes. It is recommended that the Easement be accepted, the Certificate of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. It was moved by McCormick, seconded by Gonzales, that the Easement from Adaya Asset District for electric utility purposes be approved. Motion carried. Communication from Ken DeDario, Director of Light & Power, dated September 25, 1997, was presented, requesting authority and funds for Michael Hendrickson, Assistant Electronics Technician, to attend the Basics of Industrial Electricity at Anaheim on December 8 and 9, 1997, with an expense allowance of $520.00. It was moved by Ybarra, seconded by Davis, that authority be granted for Michael Hendrickson, Assistant Electronics Technician, to attend the aforementioned conference with an expense allowance of $520. Motion carried. Communication from Ken DeDario, Director of Light & Power, dated September 25, 1997, was presented, requesting authority and funds for Abraham Alemu, Associate Engineer, to attend the Retail Rate Design Course at Sacramento on October 27 thru 30, 1997, with an expense allowance of $1,273. It was moved by McCormick, seconded by Ybarra, that authority be granted for Abraham Alemu, Associate Engineer, to attend the aforementioned course with an expense allowance of $1,273. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated September 30, 1997, was presented, requesting authority and funds for Elizabeth Quaranta, Environmental Specialist, to attend the Food Safety Hazard Analysis/Critical Control Point Training Course at Alameda, on November 4 thru 6, 1997, with an expense allowance of $477.80. It was moved by Davis, seconded by Gonzales, that authority be granted for Elizabeth Quaranta, Environmental Specialist, to attend the aforementioned course with an expense allowance of $477.80. Motion carried. Communication from Fire Chief Dave Telford, dated September 30, 1997, was presented, requesting authority and funds for Craig Peltier, Firefighter, to attend the Northern & Southern California Training Officers Train the Trainer Fall Training Symposium at Fresno on November 2 thru 5, 1997, with an expense allowance of $520. 5837 I I City Council Meeting Minutes page 8 October 7, 1997 It was moved by Ybarra, seconded by McCormick, that authority be granted for Craig Peltier, Firefighter, to attend the aforementioned symposium with an expense allowance of $520. Motion carried. Communication from Fire Chief Dave Telford, dated September 30, 1997, was presented, requesting authority and funds for Craig Peltier, Firefighter, to attend the Practical Applications of Fire Behavior Theory on Wildland Fires at Pacific Grove on December 7 thru 12, 1997, with an expense allowance of $836. It was moved by Davis, seconded by Gonzales, that authority be granted for Craig Peltier, Firefighter, to attend the aforementioned course with an expense allowance of $836. Motion carried. Communication from Acting Police Chief Bruce Olson, dated September 30, 1997, was presented, requesting authority and funds for Sergeant Michael Chavez to attend the Driver Awareness Instructor Course at San Bernardino on October 22 thru 24, 1997, with an expense allowance of $447.48. It was moved by Ybarra, seconded by McCormick, that authority be granted for Sergeant Michael Chavez to attend the aforementioned course with an expense allowance of $447.48. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated October 1, 1997, was presented, requesting authority and funds for Paul Manasjan, Environmental Health Specialist, to attend the CIWMB - Partnership 2000: Making It a Reality (Solid Waste Conference) at Monterey peninsula on November 12 thru 14, 1997, with an expense allowance of $770.96. It was moved by Gonzales, seconded by Ybarra, that authority be granted for Paul Manasjan, Environmental Health Specialist, to attend the aforementioned conference with an expense allowance of $770.96. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 1, 1997, was presented, requesting approval of an exchange of parcels known as Reorganization No. 1-96 (Parcels 1 and 2) between Vernon and Maywood. Proposed Parcell - Detaching from the City of Maywood and annexing to the City of Vernon the property commonly known as 4441 East 52~ Street and 4459 E. 52~ Street and a portion of Cudahy Avenue in the city of Maywood. Proposed Parcel 2 - Detaching form the City of Vernon and annexing to the City of Maywood undeveloped land at the corner of 52nd Street and Atlantic Boulevard and a portion of 52nd Street. This reorganization was approved by the Local Agency Formation Commission (LAFCO) of the County of Los Angeles by Resolution No. 1997-36 on September 10, 1997. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the City Council adopt a resolution finalizing this reorganization. It was moved by Ybarra, seconded by McCormick, that Reorganization No. 1-96, the exchange of parcels 1 and 2 between the cities of Maywood and Vernon, be approved. Motion carried. 5836 I I City Council Meeting Minutes page 9 October 7, 1997 RESOLUTION NO. 7030 - A Resolution of the City Council of the City of Vernon Ordering Territories Designated as Parcell and 2, Annexed to the City of Vernon and City of Maywood, Respectively, in Connection with Reorganization No. 1-96 (Parcels 1 and 2), was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7030 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 1, 1997, was presented, requesting a Variance from the 1994 Edition of the Uniform Building Code, Table No.5-A: Wall and Opening Protection of Occupancies Based on Location of Property. Julius L. Zelman is the owner of two adjacent buildings at 3366 and 3388 Fruitland Avenue. "Rich & Me" currently leases 3388 Fruitland Avenue and is proposing to expand its operation and lease 3366 Fruitland Avenue. They are proposing to make one opening in the adjoining wall measuring 10 feet wide by 10 feet high. Submitted herewith is an Engineer's report. The Director of Community Services and the Fire Chief have reviewed this request and it is hereby recommended that the variance be granted with the following conditions: 1. A three-hour fire rated door assembly shall be provided at the opening in the property line wall. The door shall have fusible links on both sides. 2. Prior to occupancy of 3366 Fruitland Avenue, "Rich & Me" shall obtain a certificate of occupancy. 3. Upon any change in occupancy, ownership or use, the doors shall be removed and the wall shall be reconstructed. If the variance is granted, no additional hazards will be introduced. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk, dated October 1, 1997, be received and filed as evidence, and that his recommendations be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated October 2, 1997, transmitting the proposal by Raymundo Engineering Co., Inc., and their qualification package for assistance in the design of certain aspects of the gas system for the City of Vernon. This proposal has been reviewed by the Director of Community Services and it is recommended that we hire Raymundo Engineering Co., Inc., to perform the Preliminary Engineering and the one river crossing at a cost not to exceed $21,830, contingent upon the City Attorney's approval of the agreement. Kevin Wilson advised that this matter should be deferred. It was moved by Gonzales, seconded by Davis, that the proposal by Raymundo Engineering Co., Inc., be deferred to the next City Council meeting. Motion carried. 5835 I I City Council Meeting Minutes page 10 October 7, 1997 Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 2, 1997, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held October 6, 1997, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the October 6, 1997, Agenda for the Personnel Committee Meeting be approved. Motion carried. WARRANT REGISTER NO. 974 covering claims and demands presented during the period of September 12 thru October 2, 1997, drawn on Wells Fargo Bank totaling $500,631.39, which includes Demand Numbers 63501 thru 63782 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period October, 1997) was examined and audited: 63506 63527 63554 63560 63602 63605 63606 63607 It was moved by Davis, seconded by McCormick, that Warrant Register No. 974 be approved and payment authorized for claims and demands totaling $500,631.39, excluding Light and Power Demands and Void Demands listed above. Motion carried. WARRANT REGISTER NO. 974 covering claims and demands presented during the period of September 12 thru October 2, 1997, drawn on Wells Fargo Bank totaling $2,312,678.59, which includes Light and Power Demand Numbers as listed below (accounting period October, 1997) was examined and audited: 63507 63544 63566 63586 63599 63651 63692 63775 63510 63545 63567 63587 63600 63653 63697 63777 63512 63546 63568 63588 63609 63673 63698 63781 63521 63547 63569 63589 63610 63675 63712 63525 63548 63570 63590 63613 63676 63751 63526 63550 63571 63591 63616 63680 63754 63528 63559 63572 63592 63629 63682 63755 63529 63561 63582 63593 63640 63683 63762 63537 63564 63583 63595 63642 63684 63769 63539 63565 63585 63597 63645 63688 63773 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 974 be approved and payment authorized for Light and Power claims and demands totaling $2,312,678.59. 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. Consideration and discussion of revising the rate schedules for electricity in the City of Vernon per the rate schedules submitted herewith was presented. Ken DeDario, Director of the Light & Power Department, addressed the City Council briefly and summarized this matter. RESOLUTION NO. 7032 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 5342 to Change the Energy Cost Adjustment Billing Factor Computation Method Which Establishes an Energy Cost Adjustment Rate Charged for Electrical Energy Distributed and Supplied to its Electrical Customers, was presented. 583.4 I I City Council Meeting Minutes page 11 October 7, 1997 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7032 be approved and adopted. Motion carried. RESOLUTION NO. 7033 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Supplied To Its Electrical Customers. It was moved by Davis, seconded by McCormick, that Resolution No. 7033 be deferred to the next scheduled City Council meeting. RESOLUTION NO. 7034 - A Resolution of the City Council of the City of Vernon Amending Resolution Nos. 5111, 5466 and 5805, Which Provided for the Establishment of Electrical Rates To Be Charged for Electrical Energy Distributed and Supplied by Said City Within Its Boundaries, By (1) Amending All Rate Schedules Which Establish a Base Energy Rate (Exhibits "A", "B", "C", "0", "E", "F", "G", "I", "J", "K" and "M", Respectively); (2) Making Additional Amendments to Rate Schedules GS-1, TOU-V, LS-1, LS-2, OL-1 and TOU-G (Exhibits "A", "C", "0", "E", "F" and "M", Respectively); and (3) Adding New Rate Schedule PA-TOU (Exhibit "P") It was moved by Gonzales, seconded by McCormick, that Resolution No. 7034 be approved and adopted. Motion carried. The Mayor called a recess at 6:20 p.m. The Council reconvened in regular session at 6:25 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Gonzales, that the Council go into Closed Session, Item No.1, the time being 6:25 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, Chief Deputy City Clerk, Acting Chief of Police and the City Attorney. 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 b. POLICE OFFICER PROCEDURAL BILL OF RIGHTS APPEAL The Acting Chief of Police was excused at 6:33 p.m. It was moved by McCormick, seconded by Ybarra, that the City Council go out of Closed Session Item No.1, the time being 6:33 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council go into Closed Session to discuss matters in Item Nos. 2 and 3, the time being 6:35 p.m. All persons were excluded from Closed Session except the City Clerk, Chief Deputy City Clerk and City Attorney. 5Sa3 I I City Council Meeting Minutes page 12 October 7, 1997 The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (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; 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 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 No. OA-96-76, et al; (Open Access) ; (j) ER97-2355; (k) FERC Docket Nos. EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (1) Gonzalez. etc.. et al. 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 al. 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); 5832 I I City Council Meeting Minutes page 13 October 7, 1997 (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) Loren Dome v. Vernon; WCAB Case Nos. ARM 0042203, ARM 0042208 and 88 ANA 199484; (v) Arnold Klein dba AMRO Industries v. Vernon. et al., LASC Case No. BC176633. 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION a. Initiation of litigation: One (1) potential case. It was moved by McCormick, seconded by Ybarra, that the City Council go out of Closed Session on Item Nos. 2 and 3, the time being 6:39 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council approve to recommend discipline respecting the Police Officer in 1.a above. 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 to the next scheduled City Council meeting. ATTEST: /~ L /:.:..- Bruce V. Malkenhorst City Clerk 5831