19971216 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD DECEMBER 16,
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, McCormick, Gonzales, Davis
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Gonzales, seconded by Ybarra, that
the Minutes of the City Council Meeting held December 2, 1997, be
approved as submitted and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 10, 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 Perfect Attendance Awards to the
following employees and extended congratulations on behalf of the
entire City Council:
Karon Berry, Utility Clerk, 3 Years
Daniel Kimes, Fire Captain, 4 Years
Todd Painton, Fire Engineer, 5 Years
Claudia Aguilar, Secretary, 6 Years
Robert Faldetta, Lieutenant, 7 Years
James Rodino, Lieutenant, 7 Years
Martha Valenzuela, Office Manager, 8 Years
Elias Zepeda, Utilityman, 8 Years
Manuel Giron, Utilityman, 9 Years
Edward Rodriguez, Utilityman, 9 Years
Martin Sanchez, Systems Coordinator II, 10 Years
The following employees could not attend the meeting and Perfect
Attendance Awards were accepted by their respective Department
Head:
John Cusolito, Fire Captain, 2 Years
Kenneth Fraser, Police Officer, 2 Years
Wenceslao Reynoso, Engineering Aide II, 2 Years
Jeff Smith, Firefighter, 3 Years
Michael Docherty, Police Officer, 4 Years
William Niesley, Fire Captain, 4 Years
Matthew Saidleman, Police Officer, 4 Years
Andrew Ippolito, Computer Oper. Asst. III, 5 Years
Stephen Keller, Fire Engineer, 5 Years
Andrew Kroner, Firefighter, 5 Years
5:10 p.m.
The Mayor declared a short recess, the time being
Council reconvened at 5:12 p.m.
Police Department Activity Log for the period
December 1 thru 15, 1997, was presented.
It was moved by McCormick, seconded by Davis, that
the Police Department Activity Log for the period December 1 thru
15, 1997, be received and filed. Motion carried.
Fire Department Activity Report for the period
December 1 thru 15, 1997, was presented.
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City Council Meeting Minutes
page 2
December 16, 1997
It was moved by Ybarra, seconded by Gonzales, that
the Fire Department Activity Report for the period December 1
thru 15, 1997, be received and filed. Motion carried.
Health Department Report for the month of November,
1997, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Health Department Report for the month of November, 1997, be
received and filed. Motion carried.
Risk Management Report for the month of November,
1997, was presented.
It was moved by Davis, seconded by Ybarra, that the
Risk Management Report for the month of November, 1997, be
received and filed. Motion carried.
RESOLUTION NO. 7059 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Advocacy Support Agreement Effective December 2,
1997, By and Between the City of Vernon and Enviro
Communications, Incorporated, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7059 be approved and adopted. Motion carried.
RESOLUTION NO. 7044 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Auction Services Agreement for Miscellaneous
Surplus Property By and Between the City of Vernon and Nationwide
Auction Systems. (Deferred from the City Council Meeting held
December 2, 1997.)
It was moved by Davis, seconded by McCormick, that
Resolution No. 7044 be removed from the Agenda and no further
action be taken at this time. 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 Council at this time.
The City Clerk announced that now was the time to
open the PUBLIC HEARING to consider a request from 3G, Inc., for
a Conditional Use Per.mit to allow the applicant to operate a
recycled materials processing facility at 2025 48th Street,
Vernon, California.
It was moved by Ybarra, seconded by Davis, to open
the Public Hearing, the time being 5:15 p.m. Motion carried.
Mr. Kevin Wilson, Director of Community Services &
Water, addressed the City Council and briefly summarized this
matter for the Council.
Communication from Kevin Wilson, Director of
Community Services, dated December 10, 1997, was presented,
advising that 3G, Inc., has applied for a conditional use permit
to operate a recycled materials processing facility at 2025 48th
Street.
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City Council Meeting Minutes
page 3
December 16, 1997
Herewith for your consideration are the following supporting
documents:
1. Request for conditional use permit and inform-
ation 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; and
5. Proposed Negative Declaration.
In my opinion, the proposed operation will pose no adverse
effects to the City of Vernon and will have no significant
effects on the environment. The project is consistent with the
General Plan as adopted by the City of Vernon.
The Director of Community Services recommended that
the following determinations be made by City Council:
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; and
3. That the project will not individually or
cumulatively have an adverse effect on wildlife resources.
It is recommended that a Negative Declaration be
adopted and that a Notice of Determination and a De Minimis
Finding be filed with the County Clerk.
Further, it is recommended that the conditional use
permit be granted for the property at 2025 48th Street subject to
the following conditions:
a. The facility shall be operated in accordance
with, and made to conform with all current codes, rules,
regulations and subject to permit fees as adopted by the City of
Vernon. Use of the facility shall be limited to recycling 20
tons of pre-consumer plastic film per day and manufacturing
plastic pellets, plastic bags and plastic rolls.
b. All parking and loading facilities shall be paved
with a hard durable surface material and shall be adequately
drained, and kept free of dust, mud, trash and weeds. Where
parking or maneuvering areas adjoin the public street a barrier
wall or landscaping shall be installed and maintained to meet
city standards. Adequate on-site parking shall be maintained so
that no on-street parking will occur.
c. A National Pollutant Discharge Elimination System
Permit shall be obtained from the California State Board of Water
Resources, if required.
d. All required federal, state, local and regulatory
agency permits shall be obtained prior to operation. Prior to
occupancy, a business license and occupancy permit shall be
obtained.
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City Council Meeting Minutes
page 4
December 16, 1997
e. The facility shall be operated in a manner that
will prevent unsanitary conditions, odors, litter or other
nuisances. The property shall be provided with adequate refuse
containers and refuse disposal service.
f. The facility shall be structurally maintained to
exclude rodents and the site shall be maintained in a sanitary
manner which will prohibit the harborage and breeding of rodents.
g. The facility shall be operated in a manner which
will not impede traffic on 48th Street.
h. All existing cracked sidewalk, curb and gutter
adjacent to the site in 48th Street shall be repaired and
maintained to meet City Standards.
i. All loading, unloading, processing, and storage
of plastic shall be conducted within the enclosed building.
j. A load screening program shall be implemented
such that any loads of plastic which do not meet product
specifications are identified and returned to the producer.
k. The site shall not generate more than 5 truck
trips per day.
1. All trucks entering or exiting the facility shall
be tarped or enclosed.
m. A personnel safety training program shall be
implemented to include personal safety and hearing conservation.
n. Noise levels at the property line shall be kept
below 65 dBA.
o. The use shall be operated so that the steady
ground vibration inherently and recurrently generated shall not
exceed two hundredths of one inch (0.02") per second particle
velocity when measured at the property line.
p. Employee shifts shall not begin or end between
the hours of 7 a.m. and 9 a.m. or 3:30 p.m. and 5 p.m.
q. All processing of material shall be limited to
those processes as described in the application for conditional
use permit.
The City Clerk asked how many employees are involved?
Mr. Wilson said he believed there are ten per shift.
It was moved by McCormick, seconded by Ybarra, to
close the Public Hearing pertaining to the Conditional Use Permit
for 3G, Inc., the time being 5:22 p.m., and that all supporting
documents submitted during said Public Hearing be received and
filed. Motion carried.
The following actions were taken concerning the
Conditional Use Permit for 3G, Inc.:
It was moved by Gonzales, seconded by Ybarra, that
the City Council hereby determines that the project is consistent
with the General Plan as adopted by the City of Vernon. Motion
carried.
It was moved by McCormick, seconded by Davis, that
the City Council hereby determines that the project will not have
a significant effect on the environment. Motion carried.
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City Council Meeting Minutes
page 5
December 16, 1997
It was moved by Ybarra, seconded by Gonzales, that
the City Council hereby determines that the project will not
individually or cumulatively have an adverse effect on wildlife
resources. Motion carried.
It was moved by Ybarra, seconded by Davis, that a
Negative Declaration be adopted and 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 McCormick, that
the conditional use permit be granted to 3G, Inc., for the
property at 2025 48th Street subject to the conditions listed on
the communication from the Director of Community Services.
Motion carried.
RESOLUTION NO. 7050 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to 3G, Inc., for the Operation of a Recycled Materials Processing
Facility at 2025 48th Street, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7050 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of
Community Services & Water, dated December 10, 1997, was
presented, transmitting results as listed below, received and
opened December 2, 1997, in accordance with Contract No. 546,
Street Sweeping - 1998-1999:
California Street Maintenance, Inc.
$ 72,000.00
The bid has been reviewed and it is recommended that this bid be
rejected. The present street sweeping contractor is not
interested in extending the contract. Therefore, it is
recommended that we retain the services of California Street
Maintenance, Inc., on a trial basis, at a monthly rate of $5,800,
and that an Agreement, prepared by the City Attorney, be
approved.
It was moved by Gonzales, seconded by Ybarra, that
the City retain the services of California Street Maintenance,
Inc., on a trial basis, at a monthly rate of $5,800, and that an
Agreement, prepared by the City Attorney, be approved. Motion
carried.
RESOLUTION NO. 7056 - A Resolution of the City
Council of the City of Vernon Rejecting the Bid Received for
Contract No. 546 of the City of Vernon for Street Sweeping, was
presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 7056 be approved and adopted. Motion carried.
RESOLUTION NO. 7057 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Agreement for Street Sweeping Services By and
Between the City of Vernon and California Street Maintenance,
Inc., was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7057 be approved and adopted. Motion carried.
Communication from Police Chief Bruce Olson, dated
October 7, 1997, was presented, requesting authority and funds
for Sergeant Steven Coday to attend the Supervisory Course at
Newport Beach on January 19-30, 1998, with an expense allowance
of $1,213.70.
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City Council Meeting Minutes
page 6
December 16, 1997
It was moved by Ybarra, seconded by Davis, that
authority be granted for Sergeant Steven Coday to attend the
aforementioned course with an expense allowance of $1,213.70.
Motion carried.
Communication from Chief of Police Bruce Olson, dated
November 26, 1997, was presented, requesting authority and funds
for Eliseo Genera, Court Officer, and Ben Potter, Vernon Service
Officer, to attend the Annual Jail Training at Riverside on
January 6 to 7, 1998, with an expense allowance of $234.90 each.
It was moved by Gonzales, seconded by McCormick, that
authority be granted for Eliseo Genera, Court Officer, and Ben
Potter, Vernon Service Officer, to attend the aforementioned
course, with an expense allowance of $234.90 each. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 8, 1997, was presented, advising of a request for
a variance from ACME Die Cutting Service at 6133 Malburg Way,
Vernon, from the 1994 Edition of the Uniform Building Code, Table
No.5-A: Wall and Opening Protection of Occupancies Based on
Location on Property. The code states that no openings in the
e~terior wall are allowed within five feet of the property line.
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Crow-Copley-Vernon #1 Associates is the owner of two adjacent
buildings at 6133 and 6115 Malburg Way. ACME Die Cutting Service
currently leases 6133 Malburg Way and is proposing to expand its
operation and lease 6115 Malburg Way. They are proposing to make
one opening in the adjoining wall measuring 4 feet wide by 7 feet
high.
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 in compliance
with Section 713 of the 1994 Uniform Building Code. A building
permit shall be obtained for this work for each address prior to
construction.
2. Prior to occupancy of 6115 Malburg Way, ACME Die
Cutting Service shall obtain a certificate of occupancy.
3. Upon any change in occupancy, ownership or use,
the door shall be removed and the wall shall be reconstructed.
An engineer's report is submitted herewith. This has been
reviewed by the Fire Chief and the Director of Community
Services. If the variance is granted, no additional hazards will
be introduced.
It was moved by Gonzales, seconded by McCormick that
the variance from the 1994 Edition of the UBC, Table 5-A, be
granted ACME Die Cutting Service contingent upon compliance with
the above conditions. Motion carried.
Communication from Fire Chief Dave Telford, dated
December 3, 1997, was presented, requesting authority and funds
for Fire Captain Dave Kimes to attend the Fire Attack Live Fire
Training at La Verne on December 18-20, 1997, with an expense
allowance of $195.00.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Fire Captain Dave Kimes to attend the
aforementioned course with an expense allowance of $195.00.
Motion carried.
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City Council Meeting Minutes
page 7
December 16, 1997
Communication from Fire Chief Dave Telford, dated
December 3, 1997, was presented, requesting authority and funds
for Fire Captain Dan Kimes and Firefighter Chris Hanson to attend
the California Conference of Arson Investigators at San Luis
Obispo on January 28-30, 1998, with expense allowances of $230.00
and $540.50 respectively.
It was moved by Gonzales, seconded by McCormick that
authority be granted for Fire Captain Dan Kimes and Firefighter
Chris Hanson to attend the aforementioned course with expense
allowances of $230.00 and $540.50 respectively. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 9, 1997, was presented, advising of a request for
a lot line adjustment by Happy World America, Inc., who owns
three adjoining parcels of land located at 4200 and 4208 Alameda
Street in the City of Vernon. They are requesting an adjustment
of the boundary lines between the parcels. The boundary line
adjustment will result in a total reconfiguration of the three
parcels. This has been reviewed by the Director of Community
Services and it is hereby recommended that the requested lot line
adjustment be approved.
It was moved by Ybarra, seconded by Davis, that the
lot line adjustment for Happy World America, Inc., for the
property at 4200 and 4208 Alameda Street, be approved. Motion
carried.
RESOLUTION NO. 7054 - A Resolution of the City
Council of the City of Vernon Approving a Lot Line Adjustment
Requested by Happy World America, Inc., was requested.
It was moved by Davis, seconded by Gonzales, that
Resolution No. 7054 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated December 10, 1997, was presented, transmitting the
Minutes of the Finance Committee meeting held December 9, 1997,
for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Gonzales, that
the recommendations contained in the December 9, 1997, Minutes
for the Regular Finance Committee Meeting be approved. Motion
carried.
RESOLUTION NO. 7058 - A Resolution of the City
Council of the City of Vernon Amending Section 26(e) (4) on Page
39 and Schedule II, Exhibit liB," Pages 2, 6, 7, 8 and 10, 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 No. 7058 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 11, 1997, was presented, transmitting a revision
of the Robbins Company Awards Program for Perfect Attendance. It
is hereby recommended that the changes be implemented.
It was moved by Davis, seconded by McCormick, that
the revisions of the Robbins Company Awards Program for Perfect
Attendance be implemented. Motion carried.
RESOLUTION NO. 7060 - A Resolution of the City
Council of the City of Vernon Amending Resolution No. 6369 to
Provide for the Selection of Awards from a Different Set of
Brochures, in the Perfect Attendance Incentive Program
Established By That Resolution, was presented.
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City Council Meeting Minutes
page 8
December 16, 1997
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 7060 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 11, 1997, was presented, transmitting confirmed
rates for Universal Care HMO. The rates remain unchanged for the
policy year from January 1, 1998 to January 1, 1999. It is
hereby recommended that the Universal Care Group Subscriber
Agreement By and Between the City of Vernon and Universal Care be
renewed for the policy year from January 1, 1998 to January 1,
1999.
It was moved by McCormick, seconded by Davis, that
the Universal Care Group Subscriber Agreement By and Between the
City of Vernon and Universal Care be renewed for the policy year
from January 1, 1998 to January 1, 1999. Motion carried.
RESOLUTION NO. 7061 - A Resolution of the City
Council of the City of Vernon Renewing the Universal Care Group
Subscriber Agreement By and Between the City of Vernon and
Universal Care, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 7061 be approved and adopted. Motion carried.
Consideration and discussion of electrical rate
changes for the purpose of implementing State mandated charges
pursuant to AB 1890, to maintain Vernon's rates as the lowest
retail rates in the State, to create rate certainty and stability
for our customers and to reduce administrative expenses, as
submitted by Kenneth J. DeDario, Director of Light & Power, dated
December 10, 1997.
RESOLUTION NO. 7062 - A Resolution of the City
Council of the City of Vernon Providing for the Establishment of
Electrical Rates to be Charged for Electrical Energy Distributed
and Supplied By Said City Within its Boundaries and Repealing All
Resolutions in Conflict Therewith, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7062 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 11, 1997, was presented, advising that Kronfli
Spundale Mills, Inc., has applied for Community Development Block
Grant (CDBG) Project funding. Kronfli has applied for $143,232
to be used for various off-site improvements, i.e., street sewer,
curbs, gutters, sidewalk and street trees. The Director of
Community Services has reviewed the application and recommends
that the CDBG grant be approved for Kronfli, and that the City
Council find that the project is categorically exempt from the
California Environmental Quality Act and also the National
Environmental Policy Act.
It was moved by McCormick, seconded by Gonzales, that
the CDBG grant be approved for Kronfli and that the City Council
hereby finds that the project is categorically exempt from the
California Environmental Quality Act and also the National
Environmental Policy Act. Motion carried.
RESOLUTION NO. 7063 - A Resolution of the City
Council of the City of Vernon Approving the Loan Application
Submitted by Kronfli Spundale Mills, Inc., Pursuant to the 95-
EDBG-390 Vernon Infrastructure Loan Program, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7063 be approved and adopted. Motion carried.
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City Council Meeting Minutes
page 9
December 16, 1997
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 11, 1997, was presented, advising that in closed
session on November 18, 1997, the City Council authorized the
City Attorney to file a Complaint for Unpaid Business License
Taxes and Penalties against GNB and that the City Attorney filed
a complaint in the Los Angeles Superior Court on December 3,
1997, titled Vernon v. GNB Technologies. Inc" LASC No. BC
182171.
It was moved by Ybarra, seconded by Davis, that the
above matter be deferred until after Closed Session later this
date. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated December 10, 1997, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held
December 15, 1997, for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by McCormick, that
the recommendations contained in the December 15, 1997, Agenda
for the Personnel Committee Meeting be approved. Motion carried.
WARRANT REGISTER NO. 979 covering claims and demands
presented during the period of November 26 thru December 11,
1997, drawn on Wells Fargo Bank totaling $810,471.33, which
includes Demand Numbers 64553 thru 64758 (inclusive), excluding
Light and Power Demands and Void Demands as listed below
(accounting period December, 1997), was examined and audited:
64587
64589
64592
64610
64611
64612
64613
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 979 be approved and payment authorized for
claims and demands totaling $810,471.33, excluding Light and
Power Demands and Void Demands as listed above. Motion carried.
WARRANT REGISTER NO. 979 covering claims and demands
presented during the period of November 26 thru December 11,
1997, drawn on Wells Fargo Bank totaling $1,498,609.23, which
includes Light & Power Demand Numbers as listed below (accounting
period December, 1997), was examined and audited:
64554
64555
64570
64573
64574
64575
64581
64595
64597
64598
64599
64600
64602
64603
64604
64605
64606
64608
64609
64616
64629
64641
64647
64650
64669
64670
64678
64698
64699
64710
64720
64723
64737
64739
64746
64752
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 979 be approved and payment authorized for
Light and Power claims and demands totaling $1,498,609.23.
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. Motion carried.
PAYROLL WARRANT REGISTER NO. 498 covering claims and
demands presented during the period of October 12, 1997, thru
November 8, 1997, drawn on Wells Fargo Bank totaling
$1,595,834.51 which includes Demand Numbers 5528 thru 5575
(inclusive) (accounting period November, 1997), was examined and
audited.
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City Council Meeting Minutes
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December 16, 1997
It was moved by Gonzales, seconded by Ybarra, that
Payroll Warrant Register No. 498 be approved and payment
authorized for claims and demand totaling $1,595,834.51. Motion
carried.
The Mayor called a recess at 5:50 p.m.
The Council reconvened in regular session at 6:10
p.m., all members present before the recess again being present.
The City Clerk advised that there were no items to be
discussed in Closed Session, Item #1.
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
It was moved by Ybarra, seconded by Davis, that the
Committee go into Closed Session to confer on Item Nos. 2, 3 and
4 listed below, the time being 6:10 p.m. Motion carried.
All persons were excluded from Closed Session with
the exception of the City Clerk, City Attorney, and Chief Deputy
City Clerk.
The Chairman 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 Qistrict, LASC No. BC 121124;
2CIV B101606;
(b) City of Vernon vs. Central Basin. etc..
4astrow. 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 Lon9 Beach. et
al., LASC Case No. BC 158591; 2CIV Bl12374
(Pier T)
(e) The City of Vernon v. The Atchison. Topeka
and Santa Fe Railway, CPUC Case No. 96-01-019;
(f) Vernon v. Southern California Gas Company,
CPUC No. 96-05-038; S060700;
(g) Johpson & Vincent v. Vernon, LASC BS 039646;
(h) FERC Docket No. OA-96-76, et al; (Open
Access);
(i) ER97-2355;
(j) FERC Docket Nos. EC96-19-000, ER96-1633
and EL96-48 (Restructuring);
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City Council Meeting Minutes
page 11
December 16, 1997
(k) Gonzalez. etc., et ql. 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) TOMCO Auto Products. Inc. v. Vernon, Norwalk
Superior Court No. VC023838;
(q) Arnold Klein dba AMRO Industries v. Vernon.
et al., LASC Case No. BC176633.
(r) Commerce v. Vernon/Innovative Waste, LASC. No.
BC 179283
3. With respect to every item of business to be
discussed in closed session pursuant to Government Code Seciton
54956.95.
LIABILITY CLAIMS
Claimant: VINCENT WASHINGTON
Agency claimed against: City of Vernon
Claimant: UNICARE INSURANCE COMPANY
Agency claimed against: City of Vernon
Claimant: WESLEY CRUZ
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: Six (6) potential cases
It was moved by McCormick, seconded by Ybarra, that
the Committee go out of Closed Session, Item Nos. 2, 3 and 4, and
resume regular session, the time being 6:22 p.m. Motion carried.
It was moved by Gonzales, seconded by Davis, that
Council accept the claim of Vincent Washington in the amount of
$985.00. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
Council deny the claim of Unicare Insurance Company. Motion
carried.
It was moved by McCormick, seconded by Davis, that
the Council accept the claim of Wesley Cruz in the amount of
$708.63. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated December 11, 1997, was presented, advising that in closed
session on November 18, 1997, the City Council authorized the
City Attorney to file a Complaint for Unpaid Business License
Taxes and Penalties against GNB and that the City Attorney filed
a complaint in the Los Angeles Superior Court on December 3,
1997, titled Vernon v. GNB Technologies. Inc., LASC No. BC
182171. (Deferred from an earlier time during this meeting.)
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City Council Meeting Minutes
page 12
December 16, 1997
It was moved by McCormick, seconded by Gonzales, that
the complaint filed in the Los Angeles Superior Court on December
3, 1997, titled Vernon v. GNB Technolo9ies. Inc., LASC No. BC
182171, be received and filed. Motion carried.
Thomas McHenry, Esq., representing GNB Technologies,
Inc., presented GNB's counter offer.
It was moved by Gonzales, seconded by Ybarra, to
reject the counter offer by GNB. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that
the City Attorney be authorized to join in an amicus brief on
behalf of the City of Vernon to be filed on behalf of the
California League of Cities in Perkins v. City of West Covina. et
~, 113 F.3d 1004 (9th Cir. 1997). Motion carried.
It was moved by McCormick, seconded by Davis, that
the City Attorney's actions in intervening in FERC Docket No.
ER98-210-000 are hereby ratified. Motion carried.
It was moved by McCormick, seconded by Davis, that
the City Attorney's actions in intervening in FERC Docket No.
ER98-211-000 are hereby ratified. Motion carried.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Ybarra, that the meeting adjourn. Motion carried.
ATTEST'cU
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Bruce V. Malkenhorst, City Clerk