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19990504 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 4, 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. The City Clerk announced that now was the time to present the Service Pins: The Mayor presented a 15 Year Service Pin to Sergio Rodriguez, Resource Scheduler in the Utilities Department 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. Pilar Arguello, Utilityman 15 Years Lorenzo Mendoza, Utilityman 15 Years Gary Sawyer, Utilityman 15 Years David Muniz, Utilityman 10 Years Eric Anderson, Utilityman 5 Years The Mayor called a short recess, the time being 5:03 p.m. Council reconvened at 5:04 p.m., all members present before the recess again being present. Police Department Activity Log for the period April 16th thru April 30th, 1999, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period April 16th thru April 30th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period April 16th thru April 30th, 1999, was presented. It was moved by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period April 16th thru April 30th, 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. Carol Toddman, Real Estate Broker and Representative for the Domtar site addressed the City Council regarding the Moratorium concerning parcelization and the disadvantage of the parcelization as it exists today. The City Attorney advised that the City is finalizing this process and it should be coming before the City Council within the next 30 days or so. City Council Minutes May 4, 1999 There was no one else wishing 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 Lillian Kamph for a Variance to utilize two non -conforming truck loading spaces at 3063 Fruitland Avenue, Vernon. It was moved by Ybarra, seconded by Davis, to open the Public Hearing pertaining to a request from Lillian Kamph for a Variance to utilize two non -conforming truck loading spaces at 3063 Fruitland Avenue, Vernon, the time being 5:09 p.m. Motion carried. Kevin Wilson, Director of Community Services and Water addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1999, was presented, advising that Lillian Kamph has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 3063 Fruitland Avenue in the City of Vernon. The variance is to allow the use of two non -conforming truck loading spaces, however, all loading spaces 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. It is recommended that the variance be granted with the following conditions: a. The usage of the two non -conforming 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. 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. The owner of the property shall provide to the City of Vernon a utility easement for the overhead electrical lines located on the applicant's property in a form and manner subject to approval of the Director of Community Services and Water. d. 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). Page 2 of 12 City Council Minutes May 4, 1999 Mayor asked, "What type of business this is?" Mr. Wilson responded that it is a warehouse facility. Mr. Davis asked if there is a railroad track in the back. Mr. Wilson responded, yes, but he didn't think it would affect the parking. Mayor asked if there were any questions or comments from anyone else. There were no questions or comments. It was moved by Gonzales, seconded by McCormick, to close the Public Hearing pertaining to a Variance request from Lillian Kamph to utilize two non -conforming truck loading spaces at 3063 Fruitland Avenue, the time being 5:12 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk, dated April 28, 1999 and all supporting documents submitted during the Public Hearing be received and filed as evidence and his recommendation approved. Motion carried. RESOLUTION NO. 7323 - A Resolution of the City Council of the City of Vernon Granting a Variance to Lillian Kamph from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 3063 Fruitland Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7323 be approved and adopted. Motion carried. The City Clerk advised the Council that the following matter and Resolution No. 7297 should be deferred to the first City Council meeting in June. 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. (Deferred from City Council Meeting held April 27, 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. (Deferred from City Council Meeting held April 27, 1999) . Page 3 of 12 City Council Minutes May 4, 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 April 27, 1999). It was moved by Ybarra, seconded by Gonzales, that the aforementioned matter pertaining to Far East National Bank be deferred to the first City Council meeting in June. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1999, was presented, advising that Ordinance No. 1063, adopted in 1998, amended the Redevelopment Plan for the Industrial Redevelopment Project, however, it did not allow for incorporation into the City Code. A draft ordinance has been prepared that amends Chapter 27 of the City Code which will incorporate provisions of the amended Plan. This has been reviewed by the Director of Community Services & Water, was prepared by the City Attorney's office in consultation with our Redevelopment Legal Consultant Kay Reimann, and it is hereby recommended that the following Ordinance be approved. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk be received and filed, and his recommendation approved. Motion carried. ORDINANCE NO. 1072 - An Ordinance of the City Council of the City of Vernon Amending Sections 27.13, 27.15 and 27.18 of the Code of the City of Vernon, California, 1959, Pertaining to the Redevelopment Agency of the City of Vernon and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith (FIRST READING) It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1072 be approved for a first reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 29, 1999, was presented, advising that the attached memo from Kevin Wilson, Director of Community Services & Water, dated April 29, 1999 pertains to the State of California recently adopting the latest edition of the Uniform Codes and the National Electrical Code. The staff of the Community Services Department has reviewed these codes in consultation with the Fire Department. As a result, the City staff has proposed several minor modifications to certain code sections in order to further protect the safety of the Vernon community. The City currently has no retrofit standards for tilt - up concrete wall constructed buildings. City staff is of the opinion that the City should have a minimum standard guideline for a retrofit to insure that the property owner is obtaining a retrofit that will work in the event of an earthquake. Therefore, it is hereby recommended that the City adopt the following Codes under Ordinance No. 1073: (a) Uniform Building Code 1997 Edition published by International Conference of Building Officials Volumes 1,2, and 3 including Appendices, Chapters 3,4,9,11,12,15,16,18,30,33, and 34 with various amendments. Page 4 of 12 City Council Minutes May 4, 1999 (b) National Electrical Code 1996 Edition, copyrighted by the National Fire Protection Association with various amendments and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition, Promulgated by the International Conference of Building Officials with various amendments. (c) Uniform Mechanical Code, 1997, published by International Conference of Building Officials with various amendments. (d) Uniform Plumbing Code, 1997 Edition, published by the International Association of Plumbing and Mechanical Officials with various amendments. (e) Uniform Code for the abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials with various amendments. (f) Appendix Chapter 1 and 5 of the Uniform Code for Building Conservation, 1997 Edition, published by the International Conference of Building Officials. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Clerk be received and filed, and his recommendation approved. Motion carried. ORDINANCE NO. 1073 - An Ordinance of the City Council of the City of Vernon Amending Chapter 24, Building and Construction, of the Code of the City of Vernon; Adopting By Reference (1) The 1997 Edition of the Uniform Building Code, Volumes 1,2, and 3, Including Selected Appendices; (2) The 1996 Edition of the National Electrical Code, and the 1996 Edition of the Uniform Administrative Code Provisions for the National Electrical Code; (3) the 1997 Edition of the Uniform Mechanical Code, Including Selected Appendices; (4) the 1997 Edition of the Uniform Plumbing Code, Including Selected Appendices; (5) The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; (6) The 1997 Edition of Appendix Chapters 1 and 5 of the Uniform Code for Building Conservation; and Repealing all Ordinances and Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a first reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1073 be approved for a first reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 29, 1999, was presented, advising that the attached memo from Kevin Wilson, Director of Community Services & Water, dated April 29, 1999, pertains to the State of California recently adopting the latest edition of the Uniform Fire Code. The staff of the Community Services Department has reviewed these codes in consultation with the Fire Department and as a result, staff has proposed several minor modifications to certain code sections in order to further protect the safety of the Vernon community. Page 5 of 12 City Council Minutes May 4, 1999 It is hereby recommended that the 1997 Edition of the Uniform Fire Code, Volume 1, including Appendices I -A, I-B, I-C, II -A, II-B, II-D, II-E, II-F, II-G, II-H, II -I, II-J, III -A, III- B, III-C, III-D, IV -A, IV-B, V-A, VI -A, VI-B, VI-C, VI-E, VI-G, VI-H and VI -I and Volume 2, of the Uniform Fire Code Standards, copyrighted by the International Conference of Building Officials and the Western Fire Chiefs Association with various amendments be adopted as the City Fire Code. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Clerk be received and filed, and his recommendation approved. Motion carried. ORDINANCE NO. 1074 - An Ordinance of the City Council of the City of Vernon Amending Article II of Chapter 7 of the Code of the City of Vernon; Adopting By reference the 1997 Edition of the Uniform Fire Code, Volumes 1 and 2, Including Specified Appendices and the Uniform Fire Code Standards; and Repealing all Ordinances and Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk for a first reading. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1074 be approved for a first reading. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1999, was presented, advising that RRR Real Estate, LLC (aka Rite -Way Meat Packers), has applied for funding through the Vernon Infrastructure Loan Program. The application has been reviewed by City staff and the City Attorney's office, and it has been determined that the documents are acceptable and in conformance with the guidelines. A Negative Declaration for the subdivision of the property, Vernon, was previously approved by City Council on March 3, 1998 in accordance with the California Environmental Quality Act ("CEQA"). The Environmental Assessment found that the project will not have any adverse impacts on the environment. No further documentation is required under CEQA. An Environmental Assessment and a Notice of Finding of No Significant Impact pursuant to the National Environmental Policy Act ("NEPA") were posted at the site and filed with the State Clearinghouse. RRR Real Estate LLC has applied for $187,362.00 which will be used for various off -site improvements which include street, water, utilities, curb, gutter, and sidewalk. According to the CDBG program guidelines, a City match of $16,190.00 is required and will be applied toward the relocation of power facilities, water facilities, and traffic signals. This loan has been reviewed by the Loan Committee and the City Attorney's office, and it is hereby recommended that the "Finding of No Significant Impact" and the CDBG Infrastructure Loan Agreement be approved. The Mayor asked exactly where this was located. The location of 5151 Alcoa Avenue, Vernon, was given. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Clerk be received and filed, and his recommendations approved. Motion carried. Page 6 of 12 City Council Minutes May 4, 1999 RESOLUTION NO. 7324 - A Resolution of the City Council of the City of Vernon Approving the Loan Application Submitted by RRR Real Estate LLC and Approving and Authorizing the Execution of a CDBG Infrastructure Loan Agreement By and Between the City of Vernon and RRR Real Estate LLC Pursuant to the 96-EDBG-349 Vernon Infrastructure Loan Program, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7324 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1999, was presented, advising that Sandberg Family, LLC has applied for funding through the Vernon Infrastructure Loan Program. The application has been reviewed by City staff and it has been determined that the documents are acceptable and in conformance with the guidelines. A Negative Declaration for the subdivision of the property was previously approved by City Council on March 3, 1998 in accordance with the California Environmental Quality Act ("CEQA"). The Environmental Assessment found that the project will not have any adverse impacts on the environment. No further documentation is required under CEQA. An Environmental Assessment and a Notice of Finding of No Significant Impact pursuant to the National Environmental Policy Act ("NEPA") were posted at the site and filed with the State Clearinghouse. Sandberg Family, LLC has applied for $70,720.00 which will be used for various off -site improvements which include street, water, utilities, curb, gutter, and sidewalk. According to the CDBG program guidelines, a City match of $3,343.00 is required and will be applied toward the relocation of power facilities, water facilities, and traffic signals. This loan has been reviewed by the Loan Committee and the City Attorney's office, and it is hereby recommended that the "Finding of No Significant Impact" and the CDBG Infrastructure Loan Agreement be approved. The Mayor asked for the location of this property. The response was 5685 Alcoa Avenue, Vernon. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Clerk be received and filed, and his recommendations approved. Motion carried. RESOLUTION NO. 7322 - A Resolution of the City Council of the City of Vernon Approving the Loan Application Submitted by Sandberg Family LLC and Approving and Authorizing the Execution of a CDBG Infrastructure Loan Agreement By and Between the City of Vernon and Sandberg Family LLC Pursuant to the 96-EDBG-349 Vernon Infrastructure Loan Program, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7322 be approved and adopted. Motion carried. RESOLUTION NO. 7325 - A Resolution of the City Council of the City of Vernon Nominating Anthony Saldana of GNB Technologies as Vernon's Business Community Representative on the Southeast Community Development Board of Directors, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7325 be approved and adopted. Motion carried. Page 7 of 12 City Council Minutes May 4, 1999 Communication from Bruce V. Malkenhorst, City Clerk, dated April 29, 1999, was presented, advising that City Council previously approved the City providing in-house training for our firefighters through the Rancho Santiago Community District which also allows us to train staff from other agencies. Due to our providing this training for non City staff, it is hereby recommended that the City Attorney's office review and approve a "Release and Indemnity Agreement." This agreement will be required by all persons who receive training through the Vernon Fire Department. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk be received and filed, and his recommendation approved. Motion carried. RESOLUTION NO. 7321 - A Resolution of the City Council of the City of Vernon Approving and Authorizing a Form Release and Indemnity Agreement to be Required by the Vernon Fire Department When Allowing Other Agencies or Non -City of Vernon Personnel to Participate in Vernon Fire Department Training Activities, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7321 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 29, 1999, was presented, advising that Amendment #11 to the Administrative Services Agreement with Mutual of Omaha was originally approved by City Council by the adoption on January 5, 1999 of Resolution No. 7257. In researching the Utilization Management Fee schedule, it was learned that a Utilization Management Agreement was never approved by City Council. The Utilization Management Fee is charged to review charges by medical providers in order to insure that employees are not overcharged for medical services. This matter has been reviewed by the Risk Manager and the City Attorney's office and it is hereby recommended that Resolution No. 7257 be rescinded in its entirety; and Amendment Nos. 11 and 12, which includes a Utilization Management Fee of $1.68 per employee per month, as well as the other fees previously approved in January, be approved effective July 1, 1998. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk be received and filed, and his recommendations approved. Motion carried. RESOLUTION NO. 7327 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Amendment Nos. 11 and 12 to the Administrative Services Agreement (GUSI-2R04, GUSI-2R05 and GUSI-9V57) By and Between the City of Vernon and United of Omaha Life Insurance Company, and Rescinding Resolution No. 7257, was presented. It was moved McCormick, seconded by Davis, that Resolution No. 7327 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 29, 1999, was presented, advising that there is presently an Assembly Bill (AB1415) that affects funding for two local law enforcement divisions, L.A. Impact and L.A. Clearinghouse, which we participate in and utilize their services. AB 1415 will provide funding for these agencies amounting to 17.4 million dollars and it is hereby recommended that the city attorney's office prepare a resolution expressing the council's support. Page 8 of 12 City Council Minutes May 4, 1999 It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk be received and filed, and his recommendation approved. Motion carried. RESOLUTION NO. 7326 - A Resolution of the City Council of the City of Vernon, Supporting the Passage of Assembly Bill 1415 Which Provides Permanent Funding for L.A. Impact and L.A. Clearinghouse, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7326 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated April 27, 1999, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant to attend the Workers' Compensation in California at Pasadena on June 30, 1999 with an expense allowance of $205.00. It was moved by Davis, seconded by Ybarra, that authority and funds be granted for Joan Francone, Risk Manager/Personnel Assistant to attend the aforementioned seminar with an expense allowance of $205.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 28, 1999, was presented, requesting authority and funds for Lieutenant Michael Gillman to attend the Management Course at Dana Point on June 7th to 18th, 1999 with an expense allowance of $1,028.88 of which $1006.08 will be reimbursed by POST. It was moved by McCormick, seconded by Ybarra, that authority and funds be granted for Lieutenant Michael Gillman to attend the aforementioned course with an expense allowance of $1,028.88. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 28, 1999, was presented, requesting authority and funds for Theresa Nicholas, Assistant Records Manager to attend the Public Records Act at San Bernandino on June 3rd & 4th, 1999 with an expense allowance of $216.00 of which $212.00 will be reimbursed by POST. It was moved by Gonzales, seconded by Davis, that authority and funds be granted for Theresa Nicholas, Assistant Records Manager to attend the aforementioned seminar with an expense allowance of $216.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 29, 1999, was presented, requesting authority and funds for Lieutenant James Wohlt and Sergeant Tony Zack to attend the Labor/Management Dispute Update Seminar at Palm Springs on June 9th to 11th, 1999 with an expense allowance of $425.42 and $395.42 respectively. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Lieutenant James Wohlt and Sergeant Tony Zack to attend the aforementioned seminar with an expense allowance of $424.42 and $395.42 respectively. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 29, 1999, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held May 3, 1999 for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations listed on the May 3, 1999 Agenda for the Personnel Committee meeting be approved. Motion carried. Page 9 of 12 City Council Minutes May 4, 1999 WARRANT REGISTER NO. 1015 covering claims and demands presented during the period of April 23rd thru April 29, 1999, drawn on Wells Fargo Bank totaling $54,388.00, which includes demand Nos. 71978 thru 72088 (inclusive), excluding Utility demands and Void demands as listed below (accounting period May, 1999), was examined and audited. 71978 72007 72014 72017 72020 71982 72008 72015 72018 72021 72006 72009 72016 72019 72082 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1015 be approved and payment authorized for claims and demands totaling $54,388.00, excluding Utility demands and Void demands as listed above. Motion carried. WARRANT REGISTER NO. 1015 covering claims and demands presented during the period of April 23rd thru April 29th, 1999, drawn on Wells Fargo Bank totaling $1,698,221.25, which includes Utility demand Nos. as listed below (accounting period May, 1999), was examined and audited. 71998 72003 72034 72058 72067 72001 72004 72044 72059 72068 72002 72032 72055 72060 72074 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 1015 be approved and payment authorized for Utility claims and demands totaling $1,698,221.25. 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 City Clerk advised that the following should be deferred to Closed Session later this date. Consideration to retain the services of Nossaman, Guthner, Knox, & Elliot, LLP. It was moved by Gonzales, seconded by Ybarra, that the aforementioned matter be deferred to Closed Session later this date. Motion carried. The Mayor called a recess at 5:40 p.m. The Council reconvened in Regular Session at 5:43 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by Gonzales, that Council go into Closed Session, Item No. 1, the time being 5:43 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, Chief of Police, Police Captain, Chief Deputy City Clerk, and the Assistant City Attorney. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. Councilman Davis was excused at 5:44 p.m. 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 Page 10 of 12 City Council Minutes 5:57 p.m. 5:57 p.m. May 4, 1999 The Chief of Police and Police Captain were excused at Councilman Davis resumed his seat on the Council at It was moved by McCormick, seconded by Ybarra, that the City Council go out of Closed Session pertaining to Item No. 1, the time being 5:58 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that Council go into Closed Session, Item Nos. 2 and 3, the time being 5:58 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, Chief Deputy City Clerk, and the Assistant City Attorney. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (a) City ofVernon 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, EC96-19-00 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); (j) Scott Shonts v. City of Vernon, WCAB No. MON 223599 Page 11 of 12 City Council Minutes May 4, 1999 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIMS Claimant: Denita T. Burton Agency claimed against: CITY OF VERNON It was moved by Ybarra, seconded by McCormick, that the City Council go out of Closed Session pertaining to Item Nos. 2 and 3 and resume Regular Session, the time being 6:15 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that disciplinary action for the Police Officer be approved as recommended by the Chief of Police. Motion carried. Councilman Davis abstained from voting. It was moved by Ybarra, seconded by Davis, that the agreement with Nossaman, Guthner, Knox, & Elliott, LLP be approved. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the claim from Denita T. Burton be denied. 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: llzz"L7 Bruce V. Malkenhorst City Clerk kac-nis C. Malb(urg yor Page 12 of 12