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19980505 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 5, 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 Adjourned Regular City Council Meeting held April 28, 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 employee: Solomon Benudiz, Police Captain, 10 Years The Mayor presented a Service Pin to the aforementioned employee and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their Service Pins were accepted by their respective department head: Mark Dressen, Police Officer, 5 Years Daniel Calleros, Police Sergeant, 10 Years The Mayor called a short recess, the time being 5:12 p.m. Council reconvened at 5:15 p.m. Police Department Activity Log for the period April 16 thru April 30, 1998, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period April 16 thru April 30, 1998, be received and filed. Motion carried. Fire Department Activity Report for the period April 16 thru April 30, 1998. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period April 16 thru April 30, 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. City Council Meeting Minutes Page 2 May 5, 1998 The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a resolution requesting the Local Agency Formation Commission of Los Angeles County to take proceedings for the reorganization of territory (annexation to the City of Vernon). (Continued from City Council Meeting held April 28, 1998.) It was moved by Ybarra, seconded by McCormick, to open the Public Hearing pertaining to consideration of requesting the Local Agency Formation Commission of Los Angeles County to take proceedings for the reorganization of territory (annexation to the City of Vernon), the time being 5:08 p.m. Motion carried. Mayor asked if there was anyone in the audience who wished to address the City Council or make any comments with regard to these proceedings. There was no one in the audience who wished to address the City Council at this time. Communication from Bruce V. Malkenhorst, City Clerk, dated March 31, 1998, was presented, advising that the City of Vernon and the City of Bell desire to initiate proceedings pursuant to the Cortese -Knox Local Government Reorganization of Territory. The Cities have mutually concluded that the detachment of the subject territory, approximately 58 acres, from the City of Bell, and the annexation and assumption of services by the City of Vernon would produce efficiencies in service, delivery and future improvements to capital facilities and infrastructure. Submitted herewith for your consideration are the following supporting documents: 1. Staff Report. 2. Application to initiate proceedings for change of organization/reorganization. 3. Notice of Public Hearing, Notice of Intent, Proposed Negative Declaration, Affidavits of Posting and Mailing and Declaration of Publication and Affidavit of Mailing for maps inadvertently omitted from first mailing. 4. Initial Study. This has been reviewed by the Director of Community Services & Water, and the City Attorney, and staff is of the opinion that the project will not pose any adverse effects on the environment. It is hereby recommended that the City Council make the following determinations: 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the project will not have a significant effect on the environment in this case. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. It is also recommended that a Negative Declaration be adopted and that a Notice of Determination and a De Minimis Finding be filed with the County Clerk. City Council Meeting Minutes May 5, 1998 Page 3 Further, it is recommended that the City Council approve the application to initiate proceedings for change of organization/ reorganization with the Local Agency Formation Commission (LAFCO) and authorize staff to submit the application to the Local Agency Formation Commission. It was moved by Gonzales, seconded by Davis, to close the Public Hearing pertaining to requesting the Local Agency Formation Commission of Los Angeles County to take proceedings for the reorganization of territory (annexation to the City of Vernon), the time being 5:09 p.m. Motion carried. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated March 31, 1998, and all supporting documents, be received and filed and that further action on these matters be deferred to May 19, 1998. Motion carried. RESOLUTION NO. 7110 - A Resolution of the City Council of the City of Vernon Requesting the Local Agency Formation Commission to Take Proceedings for the Reorganization of Territory (Annexation to the City of Vernon from the City of Bell). (Deferred from City Council Meeting held April 28, 1998.) RESOLUTION NO. 7111 - A Resolution of the City Council of the City of Vernon Approving an Exchange of Property Taxes for the Annexation to the City of Vernon of Approximately 58 Acres Currently Within the Boundaries of the City of Bell. (Deferred from City Council Meeting held April 28, 1998.) There was no action taken on Resolution Nos. 7110 and 7111. The City Clerk advised that the following Public Hearing should be deferred to the next City Council Meeting held May 19, 1998. PUBLIC HEARING to consider a request from C.R. Johnson Freight Services, Inc., fro a Conditional Use Permit to operate a truck terminal and vehicle maintenance facility at 2920 Ross Street, Vernon. It was moved by McCormick, seconded by Gonzales, that the above referenced Public Hearing be continued to May 19, 1998. Motion carried. The City Clerk announced that now is the time to open the PUBLIC HEARING to consider a request from Container Recycling Alliance, for a Conditional Use Permit to operate a recycled materials processing facility at 3211 26th Street, Vernon. It was moved by Ybarra, seconded by Davis, to open the Public Hearing pertaining to a request from Container Recycling Alliance, for a Conditional Use Permit, the time now being 5:10 p.m. Motion carried. Mr. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services & Water, dated April 29, 1998, was presented, advising that Container Recycling Alliance has applied for a conditional use permit to operate a recycled materials processing facility at 3211 26th Street in the City of Vernon. City Council Meeting Minutes Page 4 May 5, 1998 Submitted herewith are the following supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. 3. Notice of Public Hearing, notice of intent, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. 4. Environmental Checklist Form and Initial Study. 5. Proposed Negative Declaration. 6. Mitigation Monitoring Program. 7. Comment letters received from interested parties. 8. City of Vernon Response to Comments. An initial study has been conducted for the project in compliance with the California Environmental Quality Act (CEQA) which identifies potentially significant impacts on the environment from the project, but revisions in the project plans or proposals made by or agreed to by the applicant will avoid the effects or mitigate the effects to a point where clearly no significant effect will occur. A mitigation monitoring program has been proposed to mitigate any potentially significant effects. The project is consistent with the General Plan as adopted by the City of Vernon. It is hereby recommended that the City Council make the following determinations: 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. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. It is also recommended that the conditional use permit be granted subject to the following conditions: a. The facility shall be operated in accordance with, and made to conform with all current codes, rules, regulations and subject to permit fees as adopted by the City of Vernon. b. 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. C. All required frontage improvements shall be constructed and all existing cracked sidewalk, curb, and gutter adjacent to the site on 26th Street shall be repaired and maintained to meet City Standards. d. The owner of the property shall provide to the City of Vernon a utility easement for the aboveground electrical lines which are located on the property in a form and manner subject to approval of the Director of Community Services & Water. City Council Meeting Minutes May 5, 1998 Page 5 e. The proponent shall submit quarterly reports to the Environmental Health Department on diversion and disposal tonnages f. 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. g. The project site shall be constructed substantially in compliance with the site plan submitted as part of this conditional use permit application. h. The facility shall be operated in compliance with the "Mitigation Monitoring Program for Container Recycling Alliance, recycled material processing facility located at 3211 26th Street, Vernon, California," dated April 29, 1998. Mr. Wilson advised that "item q", as written in his letter dated May 5, 1998, of the Mitigation Monitoring Program, was revised to read as follows: q: All maneuvering of vehicles shall be done on -site. Vehicles shall not be allowed to queue on 26th Street or use neighboring driveways for turn -around. The Mayor asked if there was anyone in the audience who wished to address the City Council or make any comments with regard to these proceedings. There was no one in the audience who wished to address the City Council at this time. Councilman Davis questioned Condition "T. Mr. Kenneth J. DeDario, Director of Light & Power, explained they would need electrical service and that would be the need for the easement. City Clerk asked how many employees are involved Mr. Wilson replied there are about 30. Councilman Gonzales asked if there was another facility they were connected with. Mr. Wilson said yes, in Huntington Park. It was moved by Ybarra, seconded by McCormick, to close the Public Hearing pertaining to Container Recycling Alliance, for a Conditional Use Permit, the time being 5:26 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the communications from the Director of Community Services & Water, dated April 29, 1998 and May 5, 1998, and all supporting documents, be received and filed. Motion carried It was moved by McCormick, seconded by Gonzales, that the City Council determines the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Ybarra, seconded by Davis, that the City Council determines the project will not have a significant effect on the environment. Motioned carried. City Council Meeting Minutes Page 6 It was moved by McCormick, the City Council determines the project cumulatively have an adverse effect on Motion carried. May 5, 1998 seconded by Ybarra, that will not individually or wildlife resources. It was moved by Gonzales, seconded by Davis, that the conditional use permit be granted to Container Recycling Alliance subject to conditions a thru h. Motion carried. RESOLUTION NO. 7122 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Container Recycling Alliance for the Operation of a Recycled Materials Processing Facility at 3211 26th Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7122 be approved and adopted. Motion carried. The City Clerk announced that now is the time to open the PUBLIC HEARING to consider a request from P. Kay Metal Supply, Inc., for a Conditional Use Permit to continue operation of a hazardous waste treatment facility at 2448 25th Street, Vernon. It was moved by Gonzales, seconded by Davis, to open the Public Hearing to consider a request from P. Kay Metal Supply, Inc., for a Conditional Use Permit, the time being 5:28 p.m. Motioned carried. Mr. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. Mr. Wilson also advised that the correct name is P. Kay Metal Supply, Inc., and that the Conditional Use Permit will be issued under that name. (Refer to Mr Wilson's letter dated May 5, 1998.) Communication from Kevin Wilson, Director of Community Services & Water, dated April 29, 1998, was presented, advising that P. Kay Metal Supply, Inc., has applied for a conditional use permit to operate a hazardous waste treatment facility at 2448 25th Street. Submitted herewith are the following supporting documents: 1. Staff Report. 2. Request for conditional use permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. 4. Environmental Checklist Form and Initial Study as prepared by the Department of Toxic Substances Control. 5. Approved Negative Declaration as prepared by the Department of Toxic Substances Control. The Department of Toxic Substances Control has acted as Lead Agency for the Project and determined that the proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment, and no mitigating measures are required. The project is consistent with the General Plan as adopted by the City of Vernon. City Council Meeting Minutes May 5, 1998 Page 7 It is hereby recommended that the City Council make the following determinations: 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. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. The Negative Declaration has been adopted by the Department of Toxic Substances Control and a De Minimis Finding will be filed with the County Clerk. It is also recommended that the conditional use permit be granted subject to the following conditions: a. The facility shall be operated in accordance with, and made to conform with, all current codes, rules, regulations, and be subject to permit fees as adopted by the City of Vernon, and all federal, state, and/or local control agencies. b. All required federal, state, local, and regulatory agency permits shall be obtained prior to operation, including but not limited to, the Los Angeles County Sanitation Districts, Regional Water Quality Control Board, the Department of Toxic Substances Control, and the City of Vernon Environmental Health Department. C. 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. Adequate on -site parking shall be maintained so that no on -street parking will occur. d. All existing cracked sidewalk, curb and gutter adjacent to the site on Minerva Street shall be repaired and maintained to meet City Standards. e. All waste haulers shall be State certified and use Department of Transportation (DOT) -approved transporters. f. The facility shall be operated in compliance with the final Tiered Permit as a Treatment, Storage, or Disposal Facility as issued by the Department of Toxic Substances Control on January 20, 1998, or as modified in the future. The Mayor asked if anyone in the audience wished to address the City Council at this time. There was no one in the audience who wished to address the City Council at this time. It was moved by McCormick, seconded by Davis, to close the Public Hearing pertaining to the request from P. Kay Metal Supply, Inc., for a Conditional Use Permit, the time being 5:34 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communications from the Director of Community Services & Water dated April 29, 1998 and May 5, 1998, and all supporting documents be received and filed. Motion carried. It was moved by McCormick, seconded by Ybarra, that the City Council determines the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. City Council Meeting Minutes Page 8 May 5, 1998 It was moved by Davis, seconded by Gonzales, that the City Council determines the project will not have a significant effect on the environment. Motion carried. It was moved by Ybarra, seconded by McCormick, that the City Council determines the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Gonzales, seconded by Davis, that the conditional use permit be granted to P. Kay Metal Supply, Inc. subject to conditions a thru f. Motion carried. RESOLUTION NO. 7123 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to P. Kay Metal Supply, Inc., to Continue Operating a Hazardous Waste Treatment Facility at 2448 25th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7123 be approved and adopted. Motion carried. The City Clerk advised that the following communication and Resolution should be deferred. Communication from Bruce V. Malkenhorst, City Clerk, dated April 30, 1998, advising that at the last City Council meeting, a communication recommending two services provided by HdL Coren & Cone was submitted to the City Council and at said meeting approval was received for one type of service only. At this time, it is necessary to proceed with the other action on approving an agreement with HdL for the purpose of the providing Property Tax Management services. RESOLUTION NO. 7119 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Property Tax Management Services By and Between the City of Vernon and Hdl Coren & Cone. (Deferred from City Council Meeting held April 28, 1998.) It was moved by Davis, seconded by Ybarra, that the aforementioned matter pertaining to an Agreement with HdL Coren & Cone be deferred. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 27, 1998, was presented, advising that Resolution No. 7108 was adopted on April 14, 1998, consenting to the holding of a joint public hearing on the proposed Redevelopment Plan for the proposed First Amendment to the Industrial Redevelopment Project, and the joint public hearing was set for Tuesday, June 16, 1998. As a majority of the City Council and Board of Directors of the Redevelopment Agency of the City of Vernon may be unavailable on June 16, 1998, it is recommended that the joint public hearing be re -scheduled to Tuesday, June 23, 1998. It was moved by Gonzales, seconded by Ybarra, that the joint public hearing be re -scheduled to Tuesday, June 23, 1998. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 27, 1998, was presented, advising that the City of Vernon Environmental Health Department, acting as the State - certified Local Enforcement Agency (LEA), presented a proposed Solid Waste Facility Permit for the Innovative Waste Control, Inc., Transfer/Processing Facility to the Permitting and Enforcement Committee of the California Integrated Waste Management Board (CIWMB). The CIWMB granted approval of the permit. City Council Meeting Minutes Page 9 May 5, 1998 We, as the LEA, are eligible for an Enforcement Assistance Grant from the CIWMB for up to $15,000 to procure necessary equipment, supplies, and training. This has been reviewed by the City Attorney and the Director of Environmental Health, and it is hereby recommended that the City pursue seeking the funds for an Enforcement Assistance Grant from the CIWMB. It is also recommended that the necessary documentation be forwarded to the CIWMB and a resolution be adopted authorizing such action. It was moved by Gonzales, seconded by Ybarra, that the City pursue seeking the funds for an Enforcement Assistance Grant from the CIWMB. Motion carried. RESOLUTION NO. 7124 - A Resolution of the City Council of the City of Vernon Approving an Application for an Enforcement Assistance Grant From the California Integrated Waste Management Board, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7124 be approved and adopted. Motion carried. The City Clerk recommended that the following communication be removed from the agenda until further notice and no further action be taken at this time. Communication from Bruce V. Malkenhorst, City Clerk, dated April 27, 1998, advising that the City of Vernon Environmental Health Department is required to submit annual reports to the California Integrated Waste Management Board (CIWMB) to verify our compliance with AB 939 requirements, including waste diversion goals. Our 1995 and 1996 Annual Reports revealed what we believe to be serious flaws in the current goal measurement methodology which relies on a disposal - based reporting system. We have solicited proposals from two different solid waste consulting firms. Each proposal included a comprehensive waste management and recycling program for the City of Vernon. Americlean Environmental Services $233,400 Hilton Farnkopf & Hobson 210,000 This has been reviewed by the City Attorney's office and the Director of Environmental Health, and it is hereby recommended that the proposal by Hilton Farnkopf & Hobson be accepted and an agreement be prepared and executed. It was moved by Ybarra, seconded by Davis, that the aforementioned communication be removed from the agenda and no legislative action be taken at this time. Motion carried. Communication from Police Chief Bruce Olson, dated February 24, 1998, was presented, requesting authority and funds for Lieutenant Steve Towles to attend the Labor/Management Dispute Training Seminar at Palm Springs on June 10 thru 12, 1998, with an expense allowance of $357.06. It was moved by McCormick, seconded by Ybarra, that authority be granted for Lieutenant Steve Towles to attend the aforementioned seminar, with an expense allowance of $357.06. Motion carried. Communication from Police Chief Bruce Olson, dated February 25, 1998, was presented requesting authority and funds for Sergeant Anthony Zack to attend the Labor/Management Dispute Training Seminar at Palm Springs on June 10 thru 12, 1998, with an expense allowance of $327.06. City Council Meeting Minutes May 5, 1998 Page 10 It was moved by Davis, seconded by Gonzales, that authority be granted for Sergeant Anthony Zack to attend the aforementioned seminar, with an expense allowance of 327.06. Motion carried. Communication from Police Chief Bruce Olson, dated April 8, 1998, was presented, requesting authority and funds for Sergeant Anthony Zack to attend the Background Investigations Course at Santa Rosa on June 15 thru 19, 1998, with an expense allowance of $746.42 of which POST will reimburse $685.12. It was moved by Ybarra, seconded by McCormick, that authority be granted for Sergeant Anthony Zack to attend the aforementioned seminar, with an expense allowance of $746.42. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated April 29, 1998, was presented, advising that De La Cruz Construction, Inc., is our construction contractor for Phase II of our Gas Distribution System, under Contract No. 539. The construction on Phase II was started on January 12, 1998, and as of today, more than eighty percent (800) of the construction has been completed. De La Cruz has been performing well under their contract. Since Phase II construction is coming to an end, De La Cruz has requested an extension of the contract to include Phase III of the system and submitted a proposal. The City's engineering staff and I have reviewed the proposal and recommend that De La Cruz Construction be awarded Contract 540, Phase III of the Gas Distribution System, based on their bid in the amount of $4,927,019.08. The City Attorney addressed the Council and summarized the matter. It was moved by Gonzales, seconded by Davis, that De La Cruz Construction be awarded Contract 540, Phase III of the Gas Distribution System, based on their bid in the amount of $4,927,019.08. Motion carried. RESOLUTION NO. 7125 - A Resolution of the City Council of the City of Vernon Awarding a Contract to De La Cruz Construction, Inc., for Vernon Gas Distribution System Phase III in Accordance with Contract No. 540 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7125 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 30, 1998, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held May 4, 1998, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the May 4, 1998, Agenda for the Personnel Committee meeting be approved. Motion carried. WARRANT REGISTER NO. 988 covering claims and demands presented during the period of April 24 thru April 30, 1998, drawn on Wells Fargo Bank totaling $136,174.98, which includes Demand Nos. 66643 thru 66766 (inclusive), excluding Light and Power Demands and Void Demands 66648 and 66682 thru 66685 (accounting period May 1998), was examined and audited. City Council Meeting Minutes May 5, 1998 Page 11 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 988 be approved and payment authorized for claims and demands totaling $136,174.98, excluding Light and Power Demands and Void Demands as listed above. Motion carried. WARRANT REGISTER NO. 988 covering claims and demands presented during the period of April 24 thru April 30, 1998, drawn on Wells Fargo Bank totaling $1,082,941.19, which includes Light and Power Demand Numbers as listed below (accounting period May, 1998), was examined and audited: 66646 66654 66666 66676 66699 66747 66765 66651 66658 66670 66681 66702 66755 66652 66661 66672 66686 66717 66761 66653 66665 66673 66693 66736 66762 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 988 be approved and payment authorized for Light and Power claims and demands totaling $1,082,941.19. 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. The Mayor called a recess at 5:55 p.m. The Council reconvened in regular session at 6:00 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Davis, that Council go into Closed Session, Item No. 1, the time being 6:08 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, Chief Deputy City Clerk, Director of Community Services & Water, Chief of Police, Police Captain, and a Police Officer. 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 Police Officer was excused at 6:04 p.m. The Chief of Police and Police Captain were excused at 6:07 p.m. The Director was excused at 6:21 p.m. It was moved by Ybarra, seconded by Davis, that the City Council go out of Closed Session pertaining to Item No. 1, the time being 6:28 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council go into Closed Session, Item No. 2, the time being 6:29 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, and Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. City Council Meeting Minutes Page 12 May 5, 1998 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 Vernon v. Board of Harbor Commissioners of the City of Long Beach, et al., LASC Case No. BC 158591; 2CIV B112374 (Pier T); (d) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (e) Johnson & Vincent v. Vernon, LASC BS 039646; (f) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open Access); (g) FERC Docket Nos. ER97-2355, EC96-19-000, ER96-1633 and EL96-48 (Restructuring); (h) CPUC Application No. 96-10-038 (SDG&E/ SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (i) TOMCO Auto Products, Inc. v. Vernon, Norwalk Superior Court No. VCO23838; (j) Alex Mendrin (Al's Plastics) v. City of Vernon; Norwalk Superior Court No. VC 025592; consolidated with Scottsdale Insurance Company, et al. V. Vernon; Norwalk Superior Court No. VC 025888; (k) James Raabe v. Vernon, WC Nos. 91-VNO-232213, VNO-336707, VNO-218463, and VNO-336708; (1) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned (m) South Coast Air Quality Management District (AQMD) Case No. 4957-1 (n) Kevin R. Cluse, et al. V. Vernon, et al., Norwalk Superior Court No. VC 025634 It was moved by Ybarra, seconded by Gonzales, that the City Council go out of Closed Session pertaining to Item No. 2, and resume regular session, the time being 6:43 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, to approve the discipline pertaining to the Police Officer as recommended by the Chief of Police. Motion carried. It was moved by Ybarra, seconded by Davis, to approve the discipline with modifications pertaining to the Director. Motion carried. City Council Meeting Minutes Page 13 May 5, 1998 It was moved by McCormick, seconded by Gonzales, that the proposed Compromise and Release in the case of James Raabe v. City of Vernon, Case No. VNO 218463, VNO 232213, VNO 336707, and VNO 336708, for a total lump sum of $30,000, be approved and the said Compromise and Release be executed on behalf of the City of Vernon. Motion carried. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by McCormick, that the meeting adjourn. Motion carried. eopis C. Malbu g Mayor ATTEST: Bruce V. Malkenhorst City Clerk