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19990427 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 27, 1999 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales, McCormick 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 Meetings held March 30, 1999 and April 13, 1999 be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk dated April 19, 1999, was presented, advising that the below listed employees have qualified in the month of March for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Date of Hire Employee Award 03/16/97 Ramon Abueg Assistant Director of 2 Years Engineering & Operations 10/24/88 Pete Torres Fire Engineer 2 Years 01/04/82 Brian Adel Civil Engineer 3 Years 03/04/96 Elizabeth Quaranta Environmental Specialist 3 Years 06/23/85 Jorge Somoano Assistant Director of 4 Years Resource Management 05/15/89 Recaredo Torres Accountant 6 Years 04/28/86 Eliseo Genera Civilian Court Officer 9 Years 03/16/86 Mario Mendoza Utilityman 13 Years The Mayor presented awards to the aforementioned employees and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by their respective department head. 11/30/90 Richard Harvison Police Officer 3 Years 07/10/95 Brandon Gray Academy Cadet 3 Years 07/16/90 Jose Pereyra Systems Coordinator II 6 Years 11/01/76 Elizabeth Sawickis Records Manager 7 Years 08/05/84 Patrick Keye Systems Coordinator II 8 Years 03/01/87 Dan Downing Chief Deputy Director 12 Years of Environmental Health The Mayor called a recess at 5:05 p.m. The Council reconvened in regular session at 5:10 p.m., all members present before the recess again being present. Police Department Activity Log for the period April 1st thru April 15"', 1999, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period April 1st thru April 15th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period April 1st thru April 15th, 1999, was presented. City Council Minutes April 27, 1999 It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period April 1st thru April 15th, 1999, be received and filed. Motion carried. Health Department Report for the month of March, 1999, was presented. It was moved by Davis, seconded by Gonzales, that the Health Department Report for the month of March, 1999, be received and filed. Motion carried. Risk Management Report for the month of March, 1999, was presented. It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of March, 1999, 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 wishing to address the City Council. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a request from Goldmark Inc. for a Variance to allow the use of five non -conforming truck loading spaces at 4223 District Boulevard, Vernon. It was moved by Davis, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Goldmark Inc. for a Variance, the time being 5:11 p.m. Motion carried. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated April 19, 1999, was presented, advising that Goldmark Inc. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 4223 District Boulevard in the City of Vernon. The Variance is to allow the use of five non -conforming truck loading spaces. The applicant has proposed to recess two of the five truck loading docks 70 feet back from the Public Right -of -Way, thus complying with the length requirements for truck loading spaces. However, due to the physical arrangements of the supporting columns, the combined width of the two recessed truck loading spaces will only be 19 feet 7 inches. The remaining three truck loading spaces will remain 9.5 feet in width and 50 feet in length. All the loading spaces, however, will be restricted to trucks that do not extend into the Public Right -of - Way. Herewith is the following evidence: 1. Staff report. 2. Application for variance. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. Page 2 of 11 City Council Minutes April 27, 1999 It is recommended that the variance be granted with the following conditions: a. Goldmark Inc. shall recess two of the non- conforming loading spaces to at least 65.0 feet in length and 9.5 feet in width by July 27, 1999 or shall replace the access driveway to all of the non -conforming loading docks with curb, gutter and sidewalk including suitable barriers to prevent direct truck access. All necessary permits shall be obtained from the City of Vernon prior to any construction. b. Goldmark Inc. shall not park any trucks in excess of 50.7 feet in length on the site prior to the completion of the construction of the recessed docks. c. Until said construction has been complete, Goldmark Inc. shall not receive a Certificate of Occupancy. d. The usage of the truck loading spaces shall be limited so that any truck parked at the loading docks does not extend into the street Right -of -Way as shown on the Master Plan of Streets, dated June 16, 1992. e. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. f. This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs first. At which time the use of the parking, access, or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking, access, and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access, or loading area(s) be treated in the same manner as a legal nonconforming use subject to section 26.4.E-4(b). The Mayor asked what type of business this was. Mr. Wilson stated that it is a small warehouse facility. The Mayor asked if the City Council or anyone else had any questions or comments. There were no other questions. It was moved by Gonzales, seconded by McCormick, to close the Public Hearing pertaining to a request from Goldmark Inc. for a Variance to allow the use of five non -conforming truck loading spaces at 4223 District Boulevard, the time being 5:16 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk, dated April 19, 1999, and all supporting documents submitted during the Public Hearing, be received and filed as evidence, and that the variance be granted. Motion carried. RESOLUTION NO. 7316 - A Resolution of the City Council of the City of Vernon Granting a Variance to Goldmark Inc. From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4223 District Boulevard in the City of Vernon, was presented. Page 3 of 11 City Council Minutes April 27, 1999 It was moved by Ybarra, seconded by McCormick, that Resolution No. 7316 be approved and adopted. Motion carried. The City Attorney advised the Council that the following matter and Resolution No. 7297 should be deferred to the next City Council meeting. Communication from Laurie D. Zelon, Esq. of Morrison & Foerster, Attorneys at Law, representing Far East National Bank, dated February 18, 1999 requesting the City Council reconsider its denial of an appeal of a Certificate of Occupancy regarding the building located at 4901 Pacific Boulevard, Vernon. (Continued from City Council Meeting held March 16, 1999). Communication from Bruce V. Malkenhorst, City Clerk dated March 10, 1999 advising Laurie D. Zelon, Legal Representative for the Far East National Bank, requested that the City Council reconsider its denial of an appeal, dated August 4, 1998, regarding the building located at 4901 Pacific Boulevard, Vernon. At that time the City made a determination that the building had been continuously vacant for one year; and therefore, pursuant to Section 26.4.6-7 of the Comprehensive Zoning Ordinance, cannot be re -occupied except in the case that it is brought into conformity with all the regulations of the zone in which it is located. Submitted herewith is a staff report dated March 9, 1999 and based on the facts contained therein, it is hereby recommended that the denial of the August 4, 1998 Appeal be reaffirmed. (Continued from City Council Meeting held March 16, 1999) RESOLUTION NO. 7297 - A Resolution of the City Council of the City of Vernon Making Additional Findings in Support of the Denial of an Appeal Concerning a Nonconforming Building at 4901-4903 Pacific Boulevard. (Deferred from City Council meeting held March 30, 1999) It was moved by Davis, seconded by Gonzales, that the aforementioned matter pertaining to Far East National Bank be deferred to the next City Council meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 8, 1999, was presented, advising the Community Services Department has selected Interior Design Development, Inc. (IDD) to provide professional services for the procurement, storage, delivery, and installation of new furnishings, artwork, and houseplants for the City Hall Addition and Remodel Project. IDD has first-hand knowledge of the design details which will enable them to provide the City with the best service and maintain continuity throughout the project. The procurement of furnishings for the City Hall Addition and Remodel Project has been reviewed by the Director of Community Services & Water and the agreement has been reviewed by the City Attorney, and it is hereby recommended that the agreement be approved. (Deferred from City Council Meeting held April 13, 1999). Communication from Bruce V. Malkenhorst, City Clerk dated April 22, 1999, was presented, advising that the Director of Community Services & Water has been informed that the proposed Consulting Services Agreement with Interior Designs Development (IDD) has changed its name to Ziccardi Designs, Inc. Page 4 of 11 City Council Minutes April 27, 1999 It was moved by Gonzales, seconded by Ybarra, that the communications from the City Clerk dated April 8t'' & 22nd, 1999 be received and filed, and his recommendation approved. Motion carried. RESOLUTION NO. 7308 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Consulting Services Agreement By and Between the City of Vernon and Ziccardi Designs, Inc., was presented. (Deferred from April 13, 1999 City Council meeting). It was moved by McCormick, seconded by Davis, that Resolution No. 7308 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water dated April 14, 1999, was presented, transmitting for your consideration, Contract No. 551, Fire Station No. 1 Reroofing, and recommending that the contract be approved and authority be granted to advertise for bids. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the Director of Community Services be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7315 - A Resolution of the City Council of the City of Vernon Approving Contract No. 551 of the City of Vernon for Fire Station No. 1 Reroofing and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7315 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 21, 1999, was presented, transmitting a letter from Terry Solis, Representative of the Southeast Community Development Corporation (SCDC), dated March 23, 1999 requesting that City Council appoint a member from the business community as a representative to their Board of Directors. I have talked with Dolores Petullo, General Manager of the Vernon Chamber of Commerce, who has recommended Tony Saldana of GNB Technologies, and Tony is willing to accept the position. It is hereby recommended that Anthony Saldana be selected to serve as Vernon's business representative on the SCDC Board of Directors. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated April 21, 1999 be received and filed, and his recommendation approved. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated April 21, 1999, was presented, advising that the bids received and opened April 20, 1999, according to Contract No. 547, Vernon Gas Distribution System Phase IV, are as follows: S. E. Pipe Line Construction $2,859,945.00 ARB Inc. Constructors 3,530,041.00 Valley Engineers, Inc. 2,669,310.00 The bids have been reviewed and it is recommended that this Contract be awarded to Valley Engineers, Inc., on the basis of their bid of $2,669,310.00. Page 5 of 11 City Council Minutes April 27, 1999 It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the Director of Community Services be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7318 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Valley Engineers, Inc. for Vernon Gas Distribution System Phase IV in Accordance with Contract No. 547 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7318 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated April 21, 1999, was presented, advising that the bids received and opened April 20, 1999, according to Contract No. 550, Vernon Gas Distribution System Phase V, are as follows: Henkels & McCoy, Inc. $2,968,342.32 ARB, Inc. Constructors 3,017,786.00 Vulcan Construction & Maintenance 3,628,399.00 The bids have been reviewed and it is recommended that this Contract be awarded to Henkels & McCoy, Inc., on the basis of their bid of $2,968,342.32. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the Director of Community Services be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7319 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Henkels & McCoy, Inc. for Vernon Gas Distribution System Phase V in Accordance with Contract No. 550 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7319 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 22, 1999, was presented, transmitting a Water Right License and Agreement with Dominguez Water Company for the rights to 880 acre-feet of water. The cost of this water is $200.00 per acre foot or $176,000.00 total. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. It was moved by Ybarra, seconded by Davis, that the communication dated April 22, 1999 be received and filed, the recommendation approved, and the Mayor and City Clerk be authorized to execute same. Motion carried. RESOLUTION NO. 7317 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License By and Between the City of Vernon and Dominguez Water Corporation Which Grants the City of Vernon a License to Extract 880 Acre -Feet of the Allowed Pumping Allocation of Dominguez Water Corporation for the Period July 1, 1998 through June 30, 1999, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 7317 be approved and adopted. Motion carried. Page 6 of 11 City Council Minutes April 27, 1999 Communication from Bruce V. Malkenhorst, City Clerk dated April 22, 1999, was presented, advising that the provisions in Ordinance No. 1067 (which was approved by City Council on December 8, 1998), permit approval of franchise agreements as they are submitted and completed. Submitted herewith are additional completed Solid Waste Non -Exclusive Franchise Agreements as listed below: 1. Able Rubbish 2. Active Disposal Service 3. BFI Waste Systems of North America, Inc. 4. Pioneer Disposal 5. SWRD, Inc. dba Solid Waste Recycling & Disposal The agreements have been reviewed by the Director of Environmental Health and the City Attorney's office, and it is hereby recommended that the above -listed agreements be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication dated April 22, 1999 be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7320 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Five Additional Non -Exclusive Solid Waste Franchise Agreements Pursuant to Article VI of Chapter 12 of the Vernon City Code By and Between the City of Vernon and Various Private Solid Waste Collection Businesses, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7320 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 13, 1999, was presented, requesting authority and funds for Captain Solomon Benudiz to attend the Public Records Act Seminar on May 27th and 28th, 1999 at Carson with a total expense allowance of $177.52 of which $173.52 will be reimbursed by POST. It was moved by Davis, seconded by McCormick, that authority and funds be granted for Captain Solomon Benudiz to attend the aforementioned seminar with an expense allowance of $177.52. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 14, 1999, was presented, requesting authority and funds for Sergeant Alfred Jaime to attend the Law Enforcement Intelligence Unit Training Seminar on May 24th to 28th, 1999 at South Lake Tahoe with a total expense allowance of $1,067.02. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Sergeant Alfred Jaime to attend the aforementioned Seminar with an expense allowance of $1,067.02. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated April 19, 1999, was presented, requesting authority and funds for himself to attend the SCPPA Annual Meeting on May 19th to 21st, 1999 at Buellton with a total expense allowance of $381.30. It was moved by Davis, seconded by McCormick, that authority and funds be granted for Ken DeDario, Director of Utilities to attend the aforementioned meeting with an expense allowance of $381.30. Motion carried. Page 7 of 11 City Council Minutes April 27, 1999 Communication from Bruce V. Malkenhorst, City Clerk, dated April 19, 1999, was presented, requesting authority and funds for Councilmen Hilario Gonzales and William Davis to attend the California Contract Cities Association 40th Annual Conference on May 12th to 16th, 1999 at Palm Springs with a total expense allowance of $1,246.00 each. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Councilmen Hilario Gonzales and William Davis to attend the aforementioned conference with an expense allowance of $1,246.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 19, 1999, was presented, requesting authority and funds for himself to attend the California Contract Cities Association 40th Annual Conference on May 12th to 16th, 1999 at Palm Springs with a total expense allowance of $710.00. It was moved by Davis, seconded by Ybarra, that authority and funds be granted for Bruce V. Malkenhorst, City Clerk, to attend the aforementioned conference with an expense allowance of $710.00. Motion carried. Communication from Dave Telford, Fire Chief, dated April 15, 1999, was presented, requesting authority and funds for Brad Miller, Fire Engineer to attend the Critical Incident Stress Management Class on May 13th to 16th, 1999 at San Jose with a total expense allowance of $517.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Brad Miller, Fire Engineer, to attend the aforementioned class with an expense allowance of $517.00. Motion carried. Communication from Dave Telford, Fire Chief, dated April 15, 1999, was presented, requesting authority and funds for Pete Gantes, Firefighter, to attend the Critical Incident Stress Management Class on May 13th to 16th, 1999 at San Jose with a total expense allowance of $1,038.76. It was moved by Davis, seconded by McCormick, that authority and funds be granted for Pete Gantes, Firefighter, to attend the aforementioned class with an expense allowance of $1,038.76. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated April 19, 1999, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant to attend the Public Retirement Ninth Annual Benefits/Retirement Training Seminar on May 21, 1999 at Sacramento with a total expense allowance of $362.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Joan Francone, Risk Manager/Personnel Assistant to attend the aforementioned seminar with an expense allowance of $362.00. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated April 22, 1999, was presented, requesting authority and funds for Elizabeth Quaranta, Environmental Health Specialist to attend the California Uniform Retail Food Facilities Law (CURFFL) Standardization Training on May llth to 13th, 1999 with a total expense allowance of $650.26. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Elizabeth Quaranta, Environmental Health Specialist to attend the aforementioned training with an expense allowance of $650.26. Motion carried. Page 8 of 11 City Council Minutes April 27, 1999 WARRANT REGISTER NO. 1014 covering claims and demands presented during the period of April 91h, thru April 22, 1999, drawn on Wells Fargo Bank totaling $487,856.85, which includes demand Nos. 71776 thru 71977 (inclusive), excluding Utility demands and Void demands 71776, 71785, and 71830 thru 71834 (accounting period April, 1999), was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 1014 be approved and payment authorized for claims and demands totaling $487,856.85, excluding Utility demands and Void demands as listed above. Motion carried. WARRANT REGISTER NO. 1014 covering claims and demands presented during the period of April 91h thru April 22nd, 1999, drawn on Wells Fargo Bank totaling $563,819.20, which includes Utility demand Nos. as listed below (accounting period April, 1999), was examined and audited. 71787 71828 71893 71934 71974 71789 71829 71896 71947 71976 71794 71836 71900 71948 71977 71797 71843 71902 71949 71798 71844 71904 71950 71799 71853 71906 71956 71800 71857 71909 71957 71801 71863 71912 71958 71806 71864 71914 71959 71811 71882 71918 71964 71820 71888 71928 71965 71823 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1014 be approved and payment authorized for Utility claims and demands totaling $563,819.20. 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. PAYROLL WARRANT REGISTER NO. 514 covering claims and demands presented during the period of February 141h thru March 13, 1999, drawn on Wells Fargo Bank totaling $1,654,550.68 which includes demand Nos. 6137 thru 6193 (inclusive) (accounting period March, 1999), was examined and audited. It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 514 covering claims and demands presented during the period of February 14, 1999 thru March 13, 1999, drawn on Wells Fargo Bank totaling $1,654,550.68. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 22, 1999, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held April 26, 1999 for approval of the recommendations contained therein. It was moved by Ybarra, seconded by McCormick, that the recommendations listed on the April 26, 1999 Agenda for the Adjourned Regular Personnel Committee meeting be approved. Motion carried. The Mayor called a recess at 5:44 p.m. The Council reconvened in Regular Session at 5:46 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Davis, that the City Council go into Closed Session, Item No. 1, the time being 5:46 p.m. Motion carried. Page 9 of 11 City Council Minutes April 27, 1999 All persons were excluded from Closed Session except the City Clerk, Chief Deputy City Clerk, Assistant City Attorney, Chief of Police, Police Captain, City Attorney, Police Officer and Account Clerk. 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. 6:12 p.m. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE The Account Clerk was excused at 5:46 p.m. The Police Officer was excused at 5:59 p.m. The Chief of Police and Police Captain were excused at The Account Clerk returned at 6:12 p.m. The Account Clerk was excused at 6:19 p.m. It was moved by Davis, seconded by Ybarra, that the City Council go out of Closed Session pertaining to Item No. 1, the time being 6:30 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 6:30 p.m. Motion carried. 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 -ANTICIPATED LITIGATION (a) City of Vernon vs. Central Basin, etc., Zastrow, et al. LASC No. BC 130693; (b) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (c) FERC Docket Nos. OA-96-76, OA97-602, OA97-604, ER96-222; (Open access); (d) FERC Docket Nos. ER97-2355, EC96-19-000, ER96- 1633 and EL96-48 (Restructuring); (e) CPUC Application No. 96-10-038 (SDG&E/SoCalGas Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (f) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; (g) FERC Docket No. ER98-3594 (ISO); (h) CPUC Application No. 98-07-005; (i) FERC Docket No. ER98-3760 (ISO); Page 10 of 11 City Council Minutes April 27, 1999 (j) Don Green v. City of Vernon, WC No. VNO 0332300 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 6:36 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the action on the Police Officer be deferred to the next City Council meeting. Motion carried. It was moved by McCormick, seconded by Gonzales, that disciplinary action for the Account Clerk be approved as recommended by the City Administrator. Motion carried. It was moved by Ybarra, seconded by Davis, to accept the order approving the compromise and release in the matter of Don Green v. Vernon WC No. VNO 0332300. 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. ATTEST: Bruce V. Malkenhorst City Clerk eonis C. Malburg ayor Page 11 of 11 NOTICE OF ADJOURNMENT Notice is hereby given that the City Clerk of the City of Vernon adjourned (due to lack of quorum) the City Council meeting to be held April 20, 1999, at 5:00 p.m., to April 27, 1999, 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 City 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 Cle�Z of the City of Vernon, and that a regular etin o,,.���th y Council of the City of Vernon to be held % / 9, was adjourned to April 27, 1999, and that a copy of said notice (as set 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. G, Executed o'� � rG�/ at Vernon, California. A Chief Deput City Clerk