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19980127 Regular City Council Meeting - MinutesMINUTES OF THE CITY OF VERNON ADJOURNED REGULAR CITY COUNCIL MEETING HELD JANUARY 27, 1998 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 Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held January 6, 1998, be approved as submitted and adopted. Motion carried. The City Clerk announced that now was the time to present Perfect Attendance Awards. The Mayor presented Perfect Attendance Awards to the following employees and extended congratulations on behalf of the entire City Council: Daniel Armellini, Firefighter, 3 Years Frank Saldana, Utilityman, 8 Years The following employees could not attend the meeting and Perfect Attendance Awards were accepted by their respective Department Head: Carlos Gudino, Utilityman, 3 Years Michael Rogers, Fire Engineer, 3 Years Jeffrey James, Fire Engineer, 4 Years Rory Moore, Fire Engineer, 4 Years James Wohlt, Police Lieutenant, 4 Years Joseph Binstein, Systems Coordinator I, 6 Years Steven Coster, Firefighter, 6 Years David Soto, Utilityman, 8 Years The Mayor declared a short recess, the time being 5:10 p.m. Council reconvened at 5:12 p.m. Police Department Activity Log for the period January 1 thru 15, 1998, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period January 1 thru 15, 1998, be received and filed. Motion carried. Fire Department Activity Report for the period January 1 thru 15, 1998, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period January 1 thru 15, 1998, be received and filed. Motion carried. Health Department Report for the month of December, 1997, was presented. It was moved by Gonzales, seconded by Davis, that the Health Department Report for the month of December, 1997, be received and filed. Motion carried. Risk Management Report for the month of December, 1997, was presented. Adjourned Regular City Council Meeting Minutes January 27, 1998 Page 2 It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of December, 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 Council at this time. ORDINANCE NO. 1055 - An Ordinance of the City Council of the City of Vernon Adding Chapter 5 to the Code of the City of Vernon, California, 1959, Relative to Business License Taxes and Other City Taxes; Adding Article I to Said Chapter 5, Establishing General Provisions Relative to Business Licenses; and Adding Article V to Said Chapter 5 Relative to Enforcement of Business License Taxes, was read by title for a second and final reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1055 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Davis, Gonzales, McCormick Noes: None Absent: None Communication from Bruce V. Malkenhorst, City Clerk, dated January 5, 1998, was presented, requesting authority and funds for Sharon L. Johnson, Budget Auditor, to attend the annual TRACS User Group Conference at Salt Lake City, Utah, on February 11 thru 13, 1998, with an expense allowance of $590. It was moved by Gonzales, seconded by Davis, that authority be granted for Sharon L. Johnson, Budget Auditor, to attend the aforementioned conference with an expense allowance of $590. Motion carried. Communication from Police Chief Bruce Olson, dated January 6, 1998, was presented, requesting authority and funds for Detective Sergeant Michael Gillman to attend the California Robbery Investigators Seminar at Reno, Nevada, on February 4 thru 6, 1998, with an expense allowance of $406.42. It was moved by Ybarra, seconded by McCormick, that authority be granted for Detective Sergeant Michael Gillman to attend the aforementioned seminar with an expense allowance of $406.42. Motion carried. Communication from Police Chief Bruce Olson, dated January 7, 1998, was presented, requesting authority and funds for Lieutenant James Rodino to attend the POST Management Course at Dana Point on February 2 thru 13, 1998, with an expense allowance of $334. It was moved by McCormick, seconded by Davis, that authority be granted for Lieutenant James Rodino to attend the aforementioned course with an expense allowance of $334, of which POST will reimburse $314. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated January 12, 1998, was presented, requesting authority and funds for Dan Downing, Chief Deputy Director, to attend the Industrial & Hazardous Waste Conference at Huntington Beach on February 9 thru 10, 1998, with an expense allowance of $260. Adjourned Regular City Council Meeting Minutes January 27, 1998 Page 3 It was moved by Ybarra, seconded by Gonzales, that authority be granted for Dan Downing, Chief Deputy Director of Environmental Health, to attend the aforementioned conference with an expense allowance of $260. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated January 12, 1998, was presented, requesting authority and funds for Dan Downing, Chief Deputy Director, to attend the Target Specialty Products' 26th Annual Seminar & Exhibit at Anaheim on February 18, 1998, with an expense allowance of $109. It was moved by Davis, seconded by McCormick, that authority be granted for Dan Downing, Chief Deputy Director of Environmental Health, to attend the aforementioned seminar with an expense allowance of $109. Motion carried. Communication from Kenneth J. DeDario, Director of Light & Power, dated January 12, 1998, was presented, requesting authority and funds for Curtis Kirkland, Senior Electronics Technician, to attend the Key Supervisory Skills Certificate Program at Chaffey College Campus on February 3, 10, 17, 24, March 3 and 10, 1998, with an expense allowance of $207. It was moved by Gonzales, seconded by Ybarra, that authority be granted for Curtis Kirkland, Senior Electronics Technician, to attend the aforementioned program with an expense allowance of $207. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 13, 1998, was presented, advising that on December 16, 1997, the City Council adopted Resolution No. 7061, renewing an agreement with Universal Care dated January 1, 1996. Universal Care then prepared a new written agreement which the City received on December 30, 1997. The new agreement is substantially the same as the existing agreement, but there are several new terms that make it necessary to submit the new agreement for Council approval. There still remains no change in fees. This has been reviewed by the City Attorney and it is hereby recommended that said agreement be approved. It was moved by Ybarra, seconded by Davis, that the new Universal Care agreement be approved. Motion carried. RESOLUTION NO. 7078 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a New Universal Care Group Subscriber Agreement (90- 100) By and Between the City of Vernon and Universal Care, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7078 be approved and adopted. Motion carried. Communication from Fire Chief Dave Telford, dated January 13, 1998, was presented, requesting authority and funds for Fire Captain John Cusolito to attend the Rescue Systems 1 and Rescue Systems 2 conferences at Anaheim on February 9 thru 20, 1998, with an expense allowance of $575. It was moved by Davis, seconded by Ybarra, that authority be granted for Fire Captain John Cusolito to attend the aforementioned conferences with an expense allowance of $575. Motion carried. Communication from Fire Chief Dave Telford, dated January 13, 1998, was presented, requesting authority and funds for Fire Engineers Todd Painton and Paul Woida to attend the Rescue Systems 1 conference at Anaheim on February 9 thru 13, 1998, with an expense allowance of $250 each. Adjourned Regular City Council January 27, 1998 Meeting Minutes Page 4 It was moved by McCormick, seconded by Gonzales, that authority be granted for Fire Engineers Todd Painton and Paul Woida to attend the aforementioned conference with an expense allowance of $250 each. Motion carried. Communication from Police Chief Bruce Olson, dated January 13, 1998, was presented, requesting authority and funds for Ben Potter, Vernon Service Officer, to attend the Property & Evidence Seminar at San Luis Obispo on March 4 thru 6, 1998, with an expense allowance of $571. It was moved by Ybarra, seconded by Davis, that authority be granted for Ben Potter, Vernon Service Officer, to attend the aforementioned seminar with an expense allowance of $571. Motion carried. Communications from Police Chief Bruce Olson, dated January 14, 1998, were presented, requesting authority and funds for Dispatchers Ana Bedoy, Maria Cienfuegos, and Jacqueline Warsaw to attend the Dispatcher Update Course at Whittier on February 18 thru 20, 1998, with an expense allowance of $50.06 each, of which POST will reimburse $41.16 each. It was moved by Gonzales, seconded by Ybarra, that authority be granted for Dispatchers Ana Bedoy, Maria Cienfuegos, and Jacqueline Warsaw to attend the aforementioned course with an expense allowance of $50.06. Motion carried. Communication from Kenneth J. DeDario, Director of Light & Power, dated January 14, 1998, was presented, requesting authority and funds for Ali Nourmohamadian, Electrical Engineer, to attend the GE/Harris Scada Seminar at San Ramon on January 26 to 27, 1998, with an expense allowance of $495.18. It was moved by McCormick, seconded by Gonzales, that authority be granted for Ali Nourmohamadian, Electrical Engineer, to attend the aforementioned seminar with an expense allowance of $495.18. Motion carried. Communication from Kenneth J. DeDario, Director of Light & Power, dated January 14, 1998, was presented, requesting authority and funds for Anthony Serrano, Customer Service Representative, to attend The Essentials of Excellent Customer Service at Torrance on February 25, 1998, with an expense allowance of $66.50. It was moved by Ybarra, seconded by McCormick, that authority be granted for Anthony Serrano, Customer Service Representative, to attend the aforementioned course with an expense allowance of $66.50. Motion carried. Communication from Kenneth J. DeDario, Director of Light & Power, dated January 14, 1998, was presented, requesting authority and funds for Sharon Capper, Customer Service Representative, to attend The Essentials of Excellent Customer Service at Ontario on January 27, 1998, with an expense allowance of $81.50. It was moved by McCormick, seconded by Gonzales, that authority be granted for Sharon Capper, Customer Service Representative, to attend the aforementioned course with an expense allowance of $81.50. Motion carried. Communication from Kenneth J. DeDario, Director of Light & Power, dated January 14, 1998, was presented, requesting authority and funds for Carol Dacey, Customer Service Manager, to attend The Essentials of Excellent Customer Service Seminar at Irvine on February 23, 1998, with an expense allowance of $74.00. Adjourned Regular City Council January 27, 1998 Meeting Minutes Page 5 i It was moved by Yb1arra, seconded by Davis, that authority be granted for Carol'Dacey, Customer Service Manager, to attend the aforementioned course with an expense allowance of $74.00. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 15, 1998, was pr sented, advising that according to Los Angeles County Regional Pa k & Open Space District, the City of Vernon has been allocated $ 2,412 for the 1996 per parcel funds. The cities of Bell, Maywood and Lynwood were contacted to see if they were interested in utilizing the funds for Park projects/ improvements. Transmitted herewith are letters from those cities stating their interest in utilizing the funds if given the opportunity. It is hereby recommended that each of the cities be allotted a portion of the funds for Parks and that a resolution be adopted approving same. It was moved by Ybarra, seconded by Gonzales, that the cities of Bell, Maywood and Lynwood be allotted a portion of the funds from the Los Angeles County Regional Park & Open Space District. Motion carried. RESOLUTION NO. 7082 - A Resolution of the City Council of the City of Vernon Authorizing the Reallocation of Revenue Generated by Proposition A of 1996 to the Cities of Bell, Lynwood, and Maywood for Improvements to Qualified Projects, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7082 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 15, 1998, was presented, transmitting the Multi - County Public Works Mutual Aid Agreement. This agreement is similar to the Mutual Aid agreements that exist between Fire Service and Law Enforcement agencies throughout the State. Under this agreement, in case of a disaster or major emergency, Vernon may be able to receive public works assistance from other cities and counties in Southern California and also reciprocate if the need arises. All but three cities in Los Angeles County have approved this agreement. This has been reviewed by the Director of Community Services & Water, and it is hereby recommended that an agreement be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the Multi -County Public Works Mutual Aid Agreement be approved and executed. Motion carried. RESOLUTION NO. 7073 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of the Multi -County Public Works Mutual Aid Agreement, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7073 be approved and adopted. Motion carried. The City Council will act on the following matter as the Planning Agency of the City of Vernon: Adjourned Regular City Council January 27, 1998 Meeting Minutes Page 6 Communication from Bruce V. Malkenhorst, City Clerk, dated January 15, 1998, was presented, to the Planning Agency advising that the Community Services Department, in conjunction with its consultants, have reviewed the feasibility of adding parcels to the Vernon Industrial Redevelopment Project Area. A Survey Area was formulated. The Preliminary Plan is herewith transmitted for your review. As part of the Preliminary Plan, the exact boundaries of the proposed additional properties to be added to the project area were established. The plan also discusses statements regarding the proposed land uses, layout of principal streets, population densities, building intensities, building standards, conformance to the General Plan, impact upon residents and surrounding neighborhood and the attainment of the purpose of the California Community Redevelopment Law. It is hereby recommended that the Planning Agency establish the boundaries of the amended project area and approve and adopt the Preliminary Plan. It was moved by Ybarra, seconded by Gonzales, that the Planning Agency approve the selection of boundaries of the Amendment Area to the Industrial Redevelopment Project and approve and adopt the Preliminary Plan. Motion carried. RESOLUTION NO. 7076 - A Resolution of the City Council of the City of Vernon Functioning as the Planning Agency of the City of Vernon Selecting the Boundaries of the Amendment Area to the Industrial Redevelopment Project and Formulating, Approving and Adopting a Preliminary Plan for the Redevelopment of the Amendment Project Area, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7076 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 22, 1998, was presented, recommending with regard to the First Amendment to the Industrial Redevelopment Project Area, the City Council determine that a Project Area Committee shall not be formed and that a resolution be adopted stating such facts. It was moved by McCormick, seconded by Gonzales, that the City Council hereby determines that a Project Area Committee shall not be formed. Motion carried. RESOLUTION NO. 7077 - A Resolution of the City Council of the City of Vernon Determining that a Project Area Committee Shall Not Be Formed in Connection with the First Amendment to the Industrial Redevelopment Project, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7077 be approved and adopted. Motion carried. Communication from Police Chief Bruce Olson, dated January 16, 1998, was presented, requesting authority and funds for Malcolm Herrington, Senior Dispatcher, to attend the Telecommunications System (CLETS) (NCIC) Seminar at Torrance on February 18 and 19, 1998, with an expense allowance of $30.56. It was moved by Ybarra, seconded by Davis, that authority be granted for Malcolm Herrington, Senior Dispatcher, to attend the aforementioned seminar with an expense allowance of $30.56. Motion carried. Adjourned Regular City Council January 27, 1998 Meeting Minutes Page 7 Communication from Kevin Wilson, Director of Community Services & Water, dated January 19, 1998, was presented, transmitting for consideration and execution a Quitclaim Deed for a City of Vernon fire access roadway on private property at 5801 Boyle Avenue (Boyle/Slauson). In the early 1980's a building was constructed over the easement area and a new covenant was executed to provide the City with the required access roadway. The original easement was never removed from the property. The property is in the process of being sold and the purchaser is requesting that the easement be Quitclaimed so that he may possess clear title to the property. It is hereby recommended that the Quitclaim Deed be approved and executed as soon as possible. It was moved by McCormick, seconded by Ybarra, that the Quitclaim Deed be approved and executed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 20, 1998, was presented, advising that auction services provided by Ken Porter Auction and Nationwide Auction Systems were approved by the Finance Committee on November 10, 1997. Since then, it has been determined that Nationwide Auction Systems can provide complete auctioneering services alleviating the City from having to use two separate companies. It is hereby recommended that the services of Nationwide Auction Systems be entered into for the sale of all surplus property. It was moved by Gonzales, seconded by Davis, that the services of Nationwide Auction Systems be retained for the sale of all surplus property. Motion carried. RESOLUTION NO. 7074 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Auction Services Agreement By and Between the City of Vernon and Nationwide Auction Systems, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7074 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 20, 1998, was presented, advising that Austin -Foust Associates has prepared a Traffic Study for the proposed expansion to the Hobart Yard as outlined in our Professional Services Agreement with them. The study that they performed requires the provision of testimony in regards to the PUC litigation which was not factored into their original costs. Austin -Foust is requesting that an additional $5,000 be authorized to cover the costs of explaining, defending and presenting the Hobart Yard Expansion Traffic Study. We will be billed only for those charges actually incurred. The Agreement has been reviewed by the Director of Community Services & Water and the City Attorney's office, and it is hereby recommended that the Austin -Foust Agreement be amended to authorize an additional $5,000 to provide testimony for the Traffic Study related to the proposed Hobart Yard Expansion Study. It was moved by Gonzales, seconded by Davis, that the Austin -Foust Agreement be amended to authorize an additional $5,000 to provide testimony for the Traffic Study related to the proposed Hobart Yard Expansion. Motion carried. RESOLUTION NO. 7079 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Professional Services Agreement By and Between the City of Vernon and Austin -Foust Associates, Inc., was presented. Adjourned Regular City Council January 27, 1998 Meeting Minutes Page 8 It was moved by Ybarra, seconded by McCormick, that Resolution No. 7079 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated January 20, 1998, was presented, requesting authority and funds for himself and Richard Lucas, Senior Building Inspector, to attend the 1997 U.B.C. Chapter 10 Update MEANS OF EGRESS at Alhambra on February 10, 1998, with an expense allowance of $85 each. It was moved by Davis, seconded by Ybarra, that authority be granted for Kevin Wilson, Director of Community Services & Water, and Richard Lucas, Senior Building Inspector, to attend the aforementioned course with an expense allowance of $85 each. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, was presented, dated January 20, 1998, requesting authority and funds for Wenceslao Reynoso, Engineering Aide II, to attend the 1997 U.B.C. Chapter 10 Update MEANS OF EGRESS at Alhambra on February 11, 1998, with an expense allowance of $89. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Wenceslao Reynoso, Engineering Aide II, to attend the aforementioned course with an expense allowance of $89. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated January 20, 1998, was presented, requesting authority and funds for Andrew Thompson, Utilityman II, to attend the Comco Inc. Hazwoper Refresher Course at Long Beach on February 24, 1998, with an expense allowance of $114.50. It was moved by Davis, seconded by McCormick, that authority be granted for Andrew Thompson, Utilityman II, to attend the aforementioned course with an expense allowance of $114.50. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 22, 1998, was presented, transmitting the minutes of the Special Meeting of the Finance Committee Meeting held January 12, 1998, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the minutes of the Special Meeting of the Finance Committee Meeting held January 12, 1998, be approved. Motion carried. RESOLUTION NO. 7080 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment No. 3 to the Environmental Services Agreement By and Between the City of Vernon and Laidlaw Environmental Services of California, Inc. (successor to Rollins Chempak Inc.), was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7080 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 22, 1998, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held January 26, 1998, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations contained in the Agenda for the Personnel Committee Meeting held January 26, 1998, be approved. Motion carried. Adjourned Regular City Council Meeting Minutes January 27, 1998 Page 9 WARRANT REGISTER NO. 981 covering claims and demands presented during the period of December 31, 1997 thru January 22, 1998, drawn on Wells Fargo Bank totaling $662,690.46, which includes Demand numbers 64943 thru 65261 (inclusive), excluding Light & Power Demands and Void Demands as listed below (accounting period January, 1998), was examined and audited: 64999 65011 65014 65043 65044 65045 65181 It was moved by Davis, seconded by McCormick, that Warrant Register No. 981 be approved and payment authorized for claims and demands totaling $662,690.46, excluding Light & Power Demands and Void Demands as listed above. Motion carried. WARRANT REGISTER NO. 981 covering claims and demands presented during the period of December 31, 1997 thru January 22, 1998, drawn on Wells Fargo Bank totaling $2,141,729.54, which includes Light & Power Demand numbers as listed below (accounting period January, 1998), was examined and audited: 64944 64968 65006 65021 65052 65091 65135 65217 64945 64976 65007 65022 65063 65094 65138 65225 64946 64978 65009 65026 65074 65097 65150 65228 64953 64979 65015 65027 65076 65115 65154 65237 64955 64988 65016 65028 65082 65121 65200 65248 64956 64989 65017 65038 65084 65123 65214 65258 64957 64990 65018 65039 65085 65124 65215 65259 64961 65000 65020 65041 65086 65130 65216 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 981 be approved and payment authorized for Light & Power claims and demands totaling $2,141,729.54. 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.499 covering claims and demands presented during the period of November 9 thru December 6, 1997, drawn on Wells Fargo Bank totaling $1,587,647.88 which includes Demand numbers 5576 thru 5617 (inclusive) (accounting period December, 1997), was examined and audited. It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 499 be approved and payment authorized for claims and demand totaling $1,587,647.88. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 22, 1998, was presented, regarding an Amendment to the City of Vernon Fire Department Rules and Regulations. It was moved by Ybarra, seconded by Gonzales, that an Amendment to the City of Vernon Fire Department Rules and Regulations be approved. Motion carried. RESOLUTION NO. 7081 - A Resolution of the City Council of the City of Vernon Approving and Adopting an Amendment to Article III, Section E, of the Fire Department Rules and Regulations Which Were Approved and Adopted on January 6, 1998, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7081 be approved and adopted. Motion carried. Adjourned Regular City Council Meeting Minutes January 27, 1998 Page 10 Communication from Bruce V. Malkenhorst, City Clerk, dated January 22, 1998, was presented, advising that in accordance with the approval given by the City Council in closed session on January 6, 1998, a Settlement Agreement in the litigation entitled City of Vernon v. GNB Technologies, Inc., LASC No. BC 182171, was executed by the City Administrator on January 20, 1998. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated January 22, 1998, be received and filed. Motion carried. The Mayor called a recess at 5:55 p.m. The Council reconvened in regular session at 6:04 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session, Item No. 1, the time being 6:07 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, Chief Deputy City Clerk, City Attorney, Director of Community Services and a Utilityman III. 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 III was excused at 6:09 p.m. The Utilityman IV entered the Closed Session at 6:10 p.m. and was excused at 6:14 p.m. The Utilityman I entered the Closed Session at 6:14 p.m. and was excused at 6:19 p.m. The Director of Community Services was excused at 6:35 p.m. It was moved by McCormick, seconded by Davis, that the City Council go out of Closed Session, Item No. 1, and resume regular session, the time being 6:35 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the Council go into Closed Session, Item No. 2, the time being 6:35 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, Chief Deputy City Clerk and City Attorney. 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 Adjourned Regular City Council January 27, 1998 Meeting Minutes Page 11 (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 B112374 (Pier T) (e) ana Santa Fe Railway, CPUC Case No. 96-01-019; (f) Vernon v. Southern California Gas Company, CPUC No. 96-05-038; S060700; (g) Johnson & 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); (k) Gonzalez, etr et al v U.S. Customs Services, et al., USDC CV96-4361 RJK (JRx); (1) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (m) City of Orange, et al v Alabama Treasury, et. al., LASC Case No. BC 106461; (n) Salisbury v Vernon, LASC BS O44810; (o) TOMCO Auto 'Products. Inc v Vernon, Norwalk Superior Court No. VCO23838; (p) Arnold Klein dba AMRO Industries v Vernon et al., LASC Case No. BC176633; (q) Commerce v. Vernon/Innovative Waste, LASC. No. BC 179283 (r) Vernon v GNB Technologies Inc., LASC No. BC 182171; (s) Watson Land Company v ACTA, LASC No. BC 181991; (t) Alex Mendrin (Al's Plastics) v City of Vernon; Norwalk Superior Court No. VC 025592; (u) James Raabe v Vernon, WC Nos. 91-VNO-0232212, VNO-336707, VNO-218463, and VNO-336708. Adjourned Regular City Council Meeting Minutes January 27, 1998 Page 12 Mayor was excused at 6:37 p.m. and Mayor Pro Tem Ybarra assumed the Chair. It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session, Item No. 2, and resume regular session, the time being 6:40 p.m. Motion carried. Mayor returned at 6:40 p.m. and resumed his seat on the Council. It was moved by Ybarra, seconded by Gonzales, to approve the discipline pertaining to the Utilityman III as recommended by the Director of Community Services. Motion carried. It was moved by Davis, seconded by Ybarra, to approve the discipline pertaining to the Utilityman IV as recommended by the Director of Community Services. Motion carried. It was moved by Gonzales, seconded by Ybarra, to approve the discipline pertaining to the Utilityman I as discussed 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. eonis C. Mal urg Mayor ATTEST: Bruce V. Malkenhorst City Clerk NOTICE OF ADJOURNMENT Notice is hereby given that the City Clerk of the City of Vernon adjourned the City Council meeting to be held January 20, 1998, at 5:00 p.m., to January 27, 1998, at 5:00 p.m., to be held in the City Council Chambers of the City Hall located at 4305 Santa Fe Avenue, Vernon, California. Date Chief Deputy ity Clerk AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Gloria J. Orosco, declare as follows: That I am the Chief Deputy City Clerk of the City of Vernon, and that a regular meeting of the City Council of the City of Vernon to be held January 20, 1998, at 5:00 p.m., was adjourned (due to lack of quorum) to January 1998, at 5:00 p.m.; and that a copy of said notice (as se forth above) was posted at a conspicuous place near the door of the room at which said meeting was to be held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 19, 1998, at Vernon, California. Chief Dep y City Clerk