19980303 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD MARCH 3, 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 Gonzales, that
the Minutes of the City Council Meeting held February 17, 1998,
be approved as submitted and adopted. Motion carried.
The City Clerk announced that now was the time to
present Service Pins to the following two employees:
Gary Wiskus, Fire Department - 30 Years
Jose Alvarez, Community Services Dept. - 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 5:09
p.m. Council reconvened at 5:10 p.m.
Police Department Activity Log for the period
February 16 thru 28, 1998, was presented.
It was moved by Davis, seconded by McCormick, that
the Police Department Activity Log for the period February 16
thru 28, 1998, be received and filed. Motion carried.
Fire Department Activity Report for the period
February 16 thru 28, 1998, was presented.
It was moved by Ybarra, seconded by Gonzales, that
the Fire Department Activity Report for the period February 16
thru 28, 1998, 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.
The City Clerk announced that now was the time to
open the PUBLIC HEARING to consider a request from Banner's
Central Electric, Inc., to Void a Conditional Use Permit
previously granted for the operation of a retail use in excess of
ten thousand square feet.
It was moved by Gonzales, seconded by Davis, to open
the Public Hearing pertaining to voiding a Conditional Use Permit
from Banner's Central Electric, Inc., the time being 5:12 p.m.
Motion carried.
City Council Meeting Minutes March 3, 1998
Page 2
Mr. Kevin Wilson, Director of Community Services &
Water, addressed the City Council and briefly summarized this
matter, adding that the voidance of the Conditional Use Permit
should not be effective until March 30, 1998.
Communication from Kevin Wilson, Director of
Community Services & Water, dated February 25,'1998, was
presented, advising that Banner's Central Electric, Inc., was
granted a Conditional Use Permit for the operation of a retail
use in excess of 10,000 square feet at 2263 Vernon Avenue by
Resolution No. 7019 on September 16, 1997. The conditions of the
permit required that Banner's Central Electric, Inc., restripe
Vernon Avenue by December 16, 1997. This time limit has passed.
Banner's Central Electric, Inc., has stated, in writing, that the
operation was not profitable and therefore will not continue the
use.
Herewith for your consideration are the following supporting
documents:
1. Notice of Public Hearing, copies of notification
letters to owners and tenants in the area and affidavits of
posting and mailing.
2. Correspondence from Banner's Central Electric
dated January 8, 1998.
It is hereby recommended that the Conditional Use Permit for
Banner's Central Electric, Inc., be voided. This will ensure
that the next user does not attempt to exercise the rights of the
Conditional Use Permit.
The Mayor asked if there was anyone in the audience
who had questions on this matter or if there were any questions
from the Council at this time.
Council. There were no questions from the audience or the
It was moved by McCormick, seconded by Davis, to
close the Public Hearing pertaining to the request for voiding
the Conditional Use Permit from Banner's Central Electric, Inc.,
the time being 5:18 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
communication from the Director of Community Services & Water,
dated February 25, 1998, and all supporting documents, be
received and filed as evidence, and that the Conditional Use
Permit be voided effective as of March 30, 1998. Motion carried.
RESOLUTION NO. 7094 - A Resolution of the City
Council of the City of Vernon Voiding a Conditional Use Permit
Granted to Banner's Central Electric, Inc., for the Operation of
a Retail Use at 2263 Vernon Avenue, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7094 be approved and adopted. Motion carried.
The City Clerk announced that the PUBLIC HEARING to
consider a request from Aluminum Company of America to propose to
subdivide 49.9 acres into 19 lots and two streets, via Tentative
Parcel Map No. 24894 should be deferred to March 24, 1998.
City Council Meeting Minutes March 3, 1998
Page 3
It was moved by Ybarra, seconded by Davis, to defer
the Public Hearing for Aluminum Company of America regarding
their proposal to subdivide 49.9 acres into 19 lots and two
streets, via Tentative Parcel map No. 24894 to March 24, 1998,
and that no other action be taken at this time. Motion carried.
The City Clerk announced that now was the time to
open the PUBLIC HEARING to consider a request from Rancho Foods,
Inc., for a Variance to allow the use of one non -conforming truck
loading space, for the property located at 4201 Fruitland Avenue,
Vernon.
It was moved by Ybarra, seconded by Gonzales, to open
the Public Hearing to consider a request from Rancho Foods, Inc.,
for a Variance to allow the use of one non -conforming truck
loading space for the property located at 4201 Fruitland Avenue,
Vernon, the time being 5:19 p.m. Motion carried.
Mr. Kevin Wilson, Director of Community Services &
Water, addressed the City Council and briefly summarized this
matter.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 25, 1998, was presented, advising that Rancho
Foods, Inc., has submitted a complete application for a variance.
It is requesting a variance from the Comprehensive zoning
Ordinance, Section 26.4.2-8, Development Standards, for the
building located at 4201 Fruitland Avenue. The building
currently has ten conforming truck loading spaces. It is
proposing to utilize one non -conforming truck loading space
measuring 10.0 feet in width and approximately 30.0 feet in
length. It is willing to restrict the length of the vehicles
that will use the non -conforming loading space to avoid extending
into the street right-of-way.
Herewith is the following evidence:
1. Application for variance.
2. Original Notice of Public Hearing, copies of
notification letters to owners and tenants in the area and
affidavits of posting and mailing.
3. Rescheduled Notice of Public Hearing, copies of
notification letters to owners and tenants in the area and
affidavits of posting and mailing.
4. Staff report.
It is hereby recommended that the variance be granted with the
following conditions:
a. The usage of the non -conforming truck loading space
shall be limited so that no truck parked at or
using the loading dock shall extend into the
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.
C. Rancho Foods, Inc. shall seal the non -conforming
truck loading dock by March 3, 2003, at which time
the Variance will expire.
City Council Meeting Minutes
Page 4
d. Use of the non -conforming
be limited to movement of
distribution and process
March 3, 1998
truck loading dock shall
product between the
operations.
The Mayor asked if anyone in the audience or on the
Council had any questions on this matter.
There were no questions from the audience or the
Council.
It was moved by Gonzales, seconded by Davis, to close
the Public Hearing to consider a request from Rancho Foods, Inc.,
for a Variance to allow the use of one non -conforming truck
loading space, for the property located at 4201 Fruitland Avenue,
Vernon, the time being 5:25 p.m. Motion carried.
It was moved by Ybarra, seconded by McCormick, that
the communication from the Director of Community Services &
Water, dated February 25, 1998, and all supporting documents, be
received and filed as evidence, and that the variance be granted.
Motion carried.
RESOLUTION NO. 7087 - A Resolution of the City
Council of the City of Vernon Granting a Variance to Rancho
Foods, Inc., from Section 26.4.2-8, Development Standards, of the
Comprehensive Zoning Ordinance, for the Property Located at 4201
Fruitland Avenue in the City of Vernon, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7087 be approved and adopted. Motion carried.
RESOLUTION NO. 7093 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Agreement with MCI Telecommunications Corporation
for Telecommunications Services. (Deferred from the City Council
Meeting held February 17, 1998.)
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7093 be deferred to a later date. Motion carried.
Communication from Police Chief Bruce Olson, dated
November 19, 1997, was presented, requesting authority and funds
for Police Officers Jason Bogosian and David Zapien to attend the
Bicycle Patrol Instructor Course at San Bernardino on April 13
thru 17, 1998, each with an expense allowance of $548.58 of which
POST will reimburse $476.08 each.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Police Officers Jason Bogosian and David
Zapien to attend the aforementioned course with an expense
allowance of $548.58 each. Motion carried.
Communication from Fire Chief Dave Telford, dated
January 15, 1998, was presented, requesting authority and funds
for James Smith, Battalion Chief, to attend the California Fire
Instructors Workshop 98 at San Jose on April 20 thru 24, 1998,
with an expense allowance of $787.
It was moved by Davis, seconded by McCormick, that
authority be granted for James Smith, Battalion Chief, to attend
the aforementioned workshop with an expense allowance of $787.
Motion carried.
City Council Meeting Minutes March 3, 1998
Page 5
Communication from Police Chief Bruce Olson, dated
January 30, 1998, was presented, requesting authority and funds
for Police Officers Matthew Saidleman and Michael Alway to attend
the Arrest & Control Instructor Course at Los Angeles on April 6
thru 17, 1998, each with an expense allowance of $1,948.60 of
which POST will reimburse $1,999.60 each.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Police Officers Matthew Saidleman and
Michael Alway to attend the aforementioned course with an expense
allowance of $1,948.60 each. Motion carried.
Consideration of a Southern California Edison Company
Open Access Settlement, was presented.
Mr. Steve Pickett, Associate General Counsel,
introduced Ron Garcia, Public Affairs Department, and Gil Tam,
Manager of Contracts, all from the Southern California Edison
Company, and thanked the City Council, City Clerk and City
Attorney for their time and effort expended in making this
agreement become a reality. Mementos were given to each of the
Council members, City Clerk, City Attorney and the Director of
Light & Power in honor of the occasion.
At this time, the City Attorney recommended to the City Council
that the Edison -Vernon Billing Dispute Settlement Agreement and
Bill of Sale By and Between the City of Vernon and Southern
California Edison Company be approved.
It was moved by Gonzales, seconded by McCormick, that
the Edison -Vernon Billing Dispute Settlement Agreement and Bill
of Sale By and Between the City of Vernon and Southern California
Edison Company be approved and adopted. 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.
RESOLUTION NO. 7100 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Edison -Vernon Billing Dispute Settlement
Agreement and Bill of Sale By and Between the City of Vernon and
Southern California Edison Company, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7100 be approved and adopted. 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.
Communication from Police Chief Bruce Olson, dated
February 3, 1998, was presented, requesting authority and funds
for Police Sergeants Daniel Calleros and Alfred Jaime to attend
the Arrest & Control Instructor Course at Los Angeles on April 6
thru 17, 1998, each with an expense allowance of $1,948.60 of
which POST will reimburse $1,999.60 each.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Police Sergeants Daniel Calleros and
Alfred Jaime to attend the aforementioned course with an expense
allowance of $1,948.60 each. Motion carried.
Communication from Police Chief Bruce Olson, dated
February 11, 1998, was presented, requesting authority and funds
for Police Officers Inez Aragon and Delma Finley to attend the
D.A.R.E. Program at Van Nuys on March 23 thru April 3, 1998, each
with an expense allowance of $1,058.72 of which POST will
reimburse $914.72 each.
City Council Meeting Minutes
Page 6
March 3, 1998
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Police Officers Inez Aragon and Delma
Finley to attend the aforementioned program with an expense
allowance of $1,058.72 each. Motion carried.
Communication from Police Chief Bruce Olson, dated
February 18, 1998, was presented, requesting authority and funds
for Police Officers Fernando Rodriguez, Richard Hill, Matthew
Brown, Gustavo Alvarran, Jeffery Bullock, David Cheng, Mark
Goodman and Edward Hano to attend the Officer Survival - Low
Light Conditions at Fountain Valley on March 23, 1998, each with
an expense allowance of $129 of which POST will reimburse $121
each.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Police Officers Fernando Rodriguez,
Richard Hill, Matthew Brown, Gustavo Alvarran, Jeffery Bullock,
David Cheng, Mark Goodman and Edward Hano to attend the
aforementioned course with an expense allowance of $129 each.
Motion carried.
Communication from Police Chief Bruce Olson, dated
February 18, 1998, was presented, requesting authority and funds
for Police Officers Jerry Winegar, David Zapien, Jason Bogosian,
Rex Hill, Francesco Pirello, Jerry Chavez, Daniel Santos, Kenneth
Fraser, Glenn Finley, Randolph Phillips, and Richard Harvison to
attend the Officer Survival - Low Light Conditions at Fountain
Valley on March 24, 1998, each with an expense allowance of $129
of which POST will reimburse $121 each.
It was moved by McCormick, seconded by Davis, that
authority be granted for Police Officers Jerry Winegar, David
Zapien, Jason Bogosian, Rex Hill, Francesco Pirello, Jerry
Chavez, Daniel Santos, Kenneth Fraser, Glenn Finley, Randolph
Phillips, and Richard Harvison to attend the aforementioned
course with an expense allowance of $129 each. Motion carried.
Communication from Police Chief Bruce Olson, dated
February 18, 1998, was presented, requesting authority and funds
for Police Officers Brandon Young, Daniel O'Neil, Michael Alway,
Michael Docherty, and Robert Sousa to attend the Officer Survival
- Low Light Conditions at Fountain Valley on March 30, 1998, each
with an expense allowance of $129 of which POST will reimburse
$121 each.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Police Officers Brandon Young, Daniel
O'Neil, Michael Alway, Michael Docherty, and Robert Sousa to
attend the aforementioned course with an expense allowance of
$129 each. Motion carried.
Communication from Police Chief Bruce Olson, dated
February 18, 1998, was presented, requesting authority and funds
for Police Officers George Salazar, Giovany Aguilar, Javier
Aguilar, Donald Vanover, Vito Gaxiola, Robert Osborne, Charlie
Solano, and Sgt. Michael Gillman to attend the Officer Survival -
Low Light Conditions at Fountain Valley on March 31, 1998, each
with an expense allowance of $129 of which POST will reimburse
$121 each.
It was moved by Davis, seconded by McCormick, that
authority be granted for Police Officers George Salazar, Giovany
Aguilar, Javier Aguilar, Donald Vanover, Vito Gaxiola, Robert
Osborne, Charlie Solano, and Sgt. Michael Gillman to attend the
aforementioned course with an expense allowance of $129. Motion
carried.
City Council Meeting Minutes March 3, 1998
Page 7
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 18, 1998, was presented, requesting authority and
funds for Sharon Johnson, Budget Auditor, to attend the 1998 CMTA
Annual Conference at Sacramento on April 20 thru 24, 1998, with
an expense allowance of $809.50.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Sharon Johnson, Budget Auditor, to
attend the aforementioned conference with an expense allowance of
$809.50. Motion carried.
Communication from Lewis Pozzebon, Director of
Environmental Health, dated February 23, 1998, was presented,
requesting authority and funds for Elizabeth Quaranta,
Environmental Specialist, to attend the California Environmental
Health Symposium - Professional Health & Safety - Dangers in the
Work Place at Monterey on April 22 thru 24, 1998, with an expense
allowance of $1,019.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Elizabeth Quaranta, Environmental
Specialist, to attend the aforementioned symposium with an
expense allowance of $1,019. Motion carried.
Communication from Kevin Wilson, Director of
Community Services & Water Department, dated February 24, 1998,
was presented, advising that Contract No. 534, Fire Station No. 1
Renovation, has been completed. The total contract amount,
including Change Order Nos. 1 thru 25, is $458,644.00. A final
partial payment of $1,938.60 is now due. The remaining ten
percent, $45,864.40, is payable thirty-five days after
acceptance. It is hereby recommended that the work be accepted
and that authority be granted to pay the contractor, Midland
Construction Company, 11140 Los Alamitos Boulevard #202, Los
Alamitos, CA 90720.
It was moved by Ybarra, seconded by Gonzales, that
work be accepted on Contract No. 534, Fire Station No. 1
Renovation, and that authority be granted to pay the contractor,
Midland Construction Company, the final partial payment of
$1,938.60 and pay the remaining ten percent, amounting to
$45,864.40, thirty-five days after this acceptance. Motion
carried.
RESOLUTION NO. 7095 - A Resolution of the City
Council of the City of Vernon Accepting the Work of Midland
Construction Company in Accordance with Contract No. 534 of the
City of Vernon, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 7095 be approved and adopted. Motion carried.
The Mayor declared the following: "The next item on
the Council's agenda involves real property located at 2450
Vernon Avenue, which I own. I am going to abstain in this,
matter, and to avoid any suggestion that I have participated in
the Council's decision, I am going to leave the dais temporarily
while the Council makes its decision. I will return for the next
item of business."
Mayor Pro Tem Ybarra proceeded to preside over the
meeting.
City Council Meeting Minutes
Page 8
March 3, 1998
Communication from Kevin Wilson, Director of
Community Services & Water, dated February 25, 1998, was
presented, transmitting for consideration a fully executed Grant
Deed from Leonis Clos Malburg. The deed is for a ten -foot strip
of property located along the southerly line.of Vernon Avenue,
east of Santa Fe Avenue. The deed is for street purposes. It is
hereby recommended that the Grand Deed be accepted, the
Certificate of Acceptance be approved, and the Mayor Pro Tem and
City Clerk be authorized to execute same.
It was moved by Gonzales, seconded by Davis, that the
Grant Deed be accepted, the Certificate of Acceptance be approved
and the Mayor Pro Tem and City Clerk be authorized to execute
same. Motion carried. Mayor Malburg abstains.
The Mayor returned and resumed his seat on the
Council.
Communication from Police Chief Bruce Olson, dated
February 25, 1998, was presented, requesting authority and funds
for him to attend the 1998 Annual Executive Seminar at Palm
Springs on April 20-22, 1998, with an expense allowance of
$419.76 of which POST will reimburse $281.04.
It was moved by McCormick, seconded by Davis, that
authority be granted for Police Chief Bruce Olson to attend the
aforementioned seminar with an expense allowance of $419.76.
Motion carried.
Communication from Kevin Wilson, Director of
Community Services & Water, dated February 25, 1998, was
presented, requesting authority and funds for Peter Pirnejad,
Planning Assistant, to attend the CEQA Environmental Documents:
Choosing the Right One For You conference at Universal City on
March 19, 1998, with an expense allowance of $242.50.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Peter Pirnejad, Planning Assistant, to
attend the aforementioned conference with an expense allowance of
$242.50. Motion carried.
Communication from Kevin Wilson, Director of
Community Services & Water, dated February 25, 1998, was
presented, requesting authority and funds for Jim Persons,
Project Engineer (Traffic), to attend the Fundamentals of Roadway
Lighting seminar at San Diego on March 25 - 26, 1998, with an
expense allowance of $325.00.
It was moved by Davis, seconded by McCormick, that
authority be granted for Jim Persons, Project Engineer (Traffic)
to attend the aforementioned seminar with an expense allowance of
$325. Motion carried.
Communication from Kevin Wilson, Director of
Community Services & Water, dated February 25, 1998, was
presented, requesting authority and funds for Richard Lucas,
Senior Building Inspector, and Wenceslao Reynoso, Engineering
Aide, to attend the 1997 UBC Nonstructural Update at Simi Valley
on April 8, 1998, with an expense allowance of $130.75 each.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Richard Lucas, Senior Building
Inspector, and Wenceslao Reynoso, Engineering Aide, to attend the
aforementioned course with an expense allowance of $130.75 each.
Motion carried.
City Council Meeting Minutes March 3, 1998
Page 9
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 26, 1998, was presented, advising that a model
policy developed and submitted to us by ICRMA for screening
employee criminal histories has been reviewed by the City
Attorney's office. The process has been scaled down, whereby
background checks would only be conducted for employment purposes
and only on prospective employees. It is hereby recommended that
the policy be approved and adopted concerning access to criminal
history information.
It was moved by Ybarra, seconded by Davis, that
policy statements and procedures for conducting criminal
background checks for employment purposes be approved and adopted
concerning access to criminal history information. Motion
carried.
RESOLUTION NO. 7097 - A Resolution of the City
Council of the City of Vernon Approving Policy Statements and
Procedures for Conducting Criminal Background Checks for
Employment Purposes, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 7097 be approved and adopted. Motion carried.
RESOLUTION NO. 7096 - A Resolution of the City
Council of the City of Vernon Declaring a Policy on Employment
of Persons Convicted of a Felony or a Misdemeanor Involving Moral
Turpitude and Authorizing the City to Obtain State Summary
Criminal History Information for Employment Purposes, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7096 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 26, 1998, was presented, advising that the
majority of the City Council will be unavailable the week of
March 9, 1998. It is because of this that I am hereby
recommending Mayor Pro Tem Thomas A. Ybarra be appointed as
Alternate Director for District 1 of the Sanitation District for
the March 11, 1998, meeting only. Councilman Gonzales will
resume the position of Alternate Director for District 1 at all
subsequent meetings.
It was moved by Gonzales, seconded by Davis, that
Mayor Pro Tem Thomas A. Ybarra be appointed as Alternate Director
for District 1 of the Sanitation District for the March 11, 1998,
meeting only. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated February 26, 1998, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held March
2, 1998, for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Gonzales, that
the recommendations listed on the March 2, 1998, Agenda for the
Personnel Committee meeting be approved. Motion carried.
WARRANT REGISTER NO. 984 covering claims and demands
presented during the period of February 12 thru February 26,
1998, drawn on Wells Fargo Bank totaling $311,030.68, which
includes Demand Nos. 65576 thru 65768 (inclusive), excluding
Light & Power Demands, and Void Demand Nos. 65577, 65583 and
65652 thru 65657 was examined and audited.
City Council Meeting Minutes
Page 10
March 3, 1998
It was moved by Davis, seconded by Gonzales, that the
Warrant Register No. 984 be approved and payment authorized for
claims and demands totaling $311,030.68, excluding Light and
Power Demands and Void Demands as listed above. Motion carried.
WARRANT REGISTER NO. 984 covering claims and demands
presented during the period of February 12 thru February 26,
1998, drawn on Wells Fargo Bank totaling $2,420,909.19, which
includes Light & Power Demand numbers as listed below (accounting
period March, 1998) was examined and audited:
65579
65606
65613
65626
65644
65698
65744
65580
65607
65618
65630
65650
65726
65745
65581
65608
65619
65631
65658
65727
65754
65586
65611
65621
65642
65684
65737
65761
65588
65612
65625
65643
65689
65739
65767
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 984 be approved and payment authorized for
Light and Power claims and demands totaling $2,420,909.19.
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 of Amendments to Transmission Service
Agreements with Sunlaw Cogeneration Partners 1 regarding their
facilities at Downey at 50th Street and the southwest corner of
Vernon and Alcoa Avenues, was presented.
RESOLUTION NO. 7098 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing Execution
of an Amendment Number Three to the Transmission Service
Agreement Between Sunlaw Cogeneration Partners I and the City of
Vernon for a Cogeneration Facility Located at the Southwest
corner of Vernon and Alcoa Avenues, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7098 be approved and adopted. Motion carried.
RESOLUTION NO. 7099 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Amendment Number Three to the Transmission
Service Agreement Between Sunlaw Cogeneration Partners I and the
City of Vernon for a Cogeneration Facility Located at Downey Road
at 50th Street, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 7099 be approved and adopted. Motion carried.
The Mayor called a recess at 6:08 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 No. 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 Gonzales, seconded by Davis, that the
Council go into Closed Session, Item Nos. 2 and 3, the time being
6:11 p.m. Motion carried.
City Council Meeting Minutes
Page 11
March 3, 1998
All persons were excluded from Closed Session except
the City Clerk, City Attorney and the Secretary.
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
a.., LASC Case No. BC 158591; 2CIV B112374
(Pier T)
(e) The City of Vernon v. The Atchison Topeka
and Santa Fe Railway, CPUC Case No. 96-01-019;
(f) Johnson & Vincent v. Vernon, LASC BS 039646;
(g) FERC Docket Nos. OA-96-76, OA97-602, OA97-604,
ER96-222; (Open Access);
(h) FERC Docket Nos. ER97-2355, EC96-19-000,
ER96-1633 and EL96-48 (Restructuring);
(i) CPUC Application No. 96-10-038 (SDG&E/
SoCalGas Merger); FERC Docket No. EL97-15
(ENOVA/PACIFIC ENTERPRISES); FERC Docket No.
EC97-12-000;
(j) City of Orange et al v Alabama Treasury
et. al., LASC Case No. BC 106461;
(k) TOMCO Auto Products, Inc v Vernon, Norwalk
Superior Court No. VCO23838;
(1) Commerce v. Vernon/Innovative Waste, LASC. No.
BC 179283
(m) Watson Land Company v ACTA, LASC No. BC 181991;
(n) Alex Mendrin (Al's Plastics) vCity of Vernon;
Norwalk Superior Court No. VC 025592;
(o) Scottsdale Insurance Company et al v Vernon;
Norwalk Superior Court No. VC 025888;
(p) James Raabe v. Vernon, WC Nos. 91-VNO-0232212,
VNO-336707, VNO-218463, and VNO-336708.
(q) Vernon Sem v City of Vernon, WC No. POM
0187239, VNO Unassigned
City Council Meeting Minutes
Page 12
March 3, 1998
3. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54956.8 and 54957.7.
(a) Consideration and discussion of participation in
a prospective power supply arrangement.
It was moved by McCormick, seconded by Ybarra, that
the Council go out of Closed Session and resume regular session,
the time being 6:22 p.m. Motion carried.
It was moved by Davis, seconded by Gonzales to
approve the Settlement and Release Agreement in the litigation
entitled City of Commerce v City of Vernon et al., Los Angeles
Superior Court, Case No. BC 179283, and authorize execution of
said document. 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.
�'Leonis C. Malb rg
mayor
ATTEST:
Bruce V. Malkenhorst
City Clerk