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19991221 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 21, 1999 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, 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 City Council Meeting held December 7, 1999, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 15, 1999, was presented, advising that the below listed employees have qualified in the month of November 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 05-16-74 Luke Salerno Foreman 2 08-18-89 Daniel Kimes Fire Captain 6 07-25-79 Martha Valenzuela Office Manager 10 11-06-89 Elias Zepeda Utilityman III 10 05-19-80 Manuel Giron Utilityman II 11 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. 01-07-91 Bradley Mack Firefighter 2 11-24-97 Bruce Malkenhorst Jr. Systems 2 Coordinator I 11-18-96 Mark Goodman Police Officer 3 08-17-87 John Cusolito Fire Captain 4 10-25-95 Kenneth Fraser Police Officer 4 07-01-85 Wenceslao Reynoso Code Enforcement 4 Inspector 01-07-91 Jeff Smith Firefighter 5 11-15-93 Michael Doherty Police Officer 6 08-17-87 William Niesley Fire Captain 6 11-15-93 Matthew Saidleman Police Officer 6 10-06-91 Andrew Ippolito Information System 7 Specialist II 11-02-92 Andrew Kroner Firefighter 7 11-02-92 Todd Painton Fire Engineer 7 11-04-91 Claudia Aguilar Secretary 8 11-16-83 James Rodino Police Lieutenant 9 08-01-83 Edward Rodriguez Utilityman II 11 06-23-85 Martin Sanchez Systems 12 Coordinator II The Mayor called a short recess, the time being 5:09 p.m. Council reconvened at 5:11 p.m., all members present before the recess again being present. City Council Minutes December 21, 1999 Police Department Activity Log for the period December 1st thru 15th, 1999, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period December 1st thru 15th, 1999, be received and filed. Motion carried. Fire Department Activity Report for the period December 1st thru 15th, 1999, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period December 1st thru 15th, 1999, be received and filed. Motion carried. Health Department Report for the month of November, 1999, was presented. It was moved by Davis, seconded by Gonzales, that the. Health Department Report for the month of November, 1999, be received and filed. Motion carried. Risk Management Report for the month of November, 1999, was presented. It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of November, 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 in the audience who wished to address the City Council at this time. The City Clerk announced that now was the time to open the PUBLIC HEARING to consider a variance application from BrandLab, Inc., to utilize eight (8) nonconforming truck loading docks at 4355 Fruitland Avenue in the City of Vernon (continued from the City Council Meeting held December 7,1999). It was moved by Ybarra, seconded by Davis, to open the Public Hearing to consider a request from BrandLab, Inc. for a Variance application, the time being 5:12 p.m. Motion carried. Kevin Wilson, Director of Community Services and Water addressed the City Council and advised that a letter ha$ been received from BrandLab, Inc. and staff needs additional time to address certain issues and recommends that the Public Hearing be continued to the next City Council meeting. Justin Binfordi, Realtor on behalf of BrandLab, Inc. advised that he received a Temporary Occupancy Permit and that BrandLab, Inc. has moved out of Los Angeles. He also stated that he was available to answer any questions that were pending. Mr. Wilson stated that he would check on the Temporary Occupancy Permit and would get back to BrandLab, Inc. later this week or early next week. Page 2 of 12 City Council Minutes December 21, 1999 Mr. Jeff Schaefer, representative on behalf of Brandlab, Inc., commented that a Vernon staff member informed him that a Certificate of Occupancy would be coming in the mail. Mr. Wilson stated that he would investigate the validity of the Occupancy permit. Mr. Binfordi asked if the City Attorney would address the issues in question. The City Attorney advised that he received a copy of the letter late last week and there were various issues that needed to be answered before we would be able to grant a variance. He recommended that Council not take action until he had a chance to review the letter. The City Clerk asked the City Attorney what issues needed to be addressed. The City Attorney responded there were allegations that were made and they needed to be reviewed and he would get back to Brandlab, Inc. by the end of this week or early next week. He again recommended that the Hearing be continued at the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated December 2, 1999, advising that BrandLab, Inc. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards, for the property located at 4355 Fruitland Avenue in the City of Vernon. The variance is to allow the use of eight (8) non -conforming truck loading spaces. All the loading spaces, however, will be restricted to trucks that do not extend into the public right-of- way. Submitted herewith are the following documents: 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. RESOLUTION NO. 7457 - A Resolution Of The City Council Of The City Of Vernon Granting A Variance To Brandlab, Inc. From Section 26.4.2-8(C), Development Standards, Of The Comprehensive Zoning Ordinance, For The Property Located At 4355 Fruitland Avenue In The City Of Vernon. It was moved by McCormick, seconded by Gonzales, that the Public Hearing on the Variance application and Resolution No. 7457 be continued to the next City Council meeting, the time being 5:40 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 15, 1999, was presented, transmitting a letter dated November 15, 1999 from Assembly Member, Marco Antonio Firebaugh, requesting that the City adopt the attached Community - School District Partnership proposal, in concept, between the Los Angeles Unified School District (LAUSD) and the cities in the 50th Assembly District for modernization and construction of new schools within said district. The enclosed proposal calls for a partnership between the Southeast Community Development Page 3 of 12 City Council Minutes December 21, 1999 Corporation (SCDC) and the LAUSD. LAUSD would fund and transfer the responsibility for managing the school site selection process and community outreach activities to the SCDC. The SCDC would work with local elected officials, city staff, and community residents to identify land for potential school sites and conduct community meetings in the SCDC service area. It is hereby recommended that the City support a proposal to establish a Community -School District Partnership between the cities in the 50th Assembly District and the LAUSD. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated, December 15, 1999, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7468 - A Resolution Of The City Council Of The City Of Vernon Supporting A Proposal To Establish A Community - School Partnership In The 50th Assembly District, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 7468 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 16, 1999, was presented, advising that this Council approved at their meeting held October 19, 1999, by Resolution No. 7428, for the Purchasing Agent to enter into negotiations for an agreement with Accurate Telecom, Inc. for the purchase, installation, training, and testing of a Telephone Cabling System and Telecommunications System for the annexation and remodeling project at City Hall. After further negotiations, the original price of $40,897.87 remains unchanged. Payments will be disbursed in four payments by the following percentages of the total cost: • 30% - $12,269.36 • 30% - $12,269.36 • 30% - $12,269.36 • 10% - $4,089.79 This has been reviewed by the Director of Utilities and the City Attorney, and it is hereby recommended that City Council approve and authorize the execution of an Equipment Order Agreement, -by and between the City of Vernon and Accurate Telecom, Inc., to purchase and install a Telephone Cabling System and the testing of the Telecommunications System, at a cost of $40,897.87. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated, December 16, 1999, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7466 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Equipment Order Agreement By And Between The City Of Vernon And Accurate Telecom Inc. For The Purchase And Installation Of Telephone Cabling System And The Testing Of The Telecommunications System For The Annexation And Remodeling Project At Vernon City Hall, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7466 be approved and adopted. Motion carried. Page 4 of 12 City Council Minutes December 21, 1999 Communication from Bruce V. Malkenhorst, City Clerk, dated December 16, 1999, was presented, transmitting a proposed Development Construction Program and the Illicit Discharge/Illicit Connection Elimination Program portions of the City of Vernon Stormwater Management Program. The City's participation in the countywide National Pollutant Discharge Elimination System (NPDES) Permit requires the city to develop a Stormwater Management Program that is consistent with the Model Programs developed by the County of Los Angeles. The City's Stormwater Management Program will consist of the following five elements: • Illicit Connection/Illicit Discharge Elimination • Development Construction • Public Education (previously approved a few years ago and currently being implemented) • Development Planning (the County model program is still under development) • Public Agency Activities (requires the creation of a Storm Water Pollution Prevention Plan for City facilities, which is currently under development) The Director of Community Services and Water and City Attorney have reviewed the Development Construction Program and Illicit Discharge/Illicit Connection Elimination Program portions of the City of Vernon Stormwater Management Program for compliance with the countywide NPDES Permit, and it is hereby recommended that said program portions be approved and adopted. Kevin Wilson, Director of Community Services & Water, addressed the City Council and briefly summarized this matter. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated, December 16, 1999, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7465 - A Resolution Of The City Council Of The City Of Vernon Approving And Adopting The Development Construction And Illicit Connections/Illicit Discharge Elimination Portions Of The City Of Vernon's Stormwater Management Program, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7465 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 16, 1999, was presented, advising that Universal Care HMO has requested a renewal of the Universal Care Group Subscriber Agreement and has submitted an amended "Schedule C", attached hereto, reflecting a 6% premium rate increase for the Universal Care HMO program for the period January 1, 2000 through December 31, 2000. Based upon the most recent Universal Care census report, cost increase will be as follows: Page 5 of 12 City Council Minutes FROM # of Type Enrollees Rate Employee(E) 50 $ 95.68 E+1 35 $220.03 E+2 116 $382.97 Retiree(R) 1 $ 95.68 R+1 6 $220.03 R+2 0 $382.97 COBRA 0 Total $ 4,784.00 $ 7,701.05 $44,424.52 $ 95.68 $ 1,320.18 $ 0 $ 0 December 21, 1999 N01 Rate Total $101.42 $ 5,071.00 $233.23 $ 8,163.75 $405.95 $47,090.20 $101.42 $233.23 $382.97 $ 101.42 $ 1,399.38 $ 0 $ 0 TOTAL 208 $58,325.43/Month $61,825.75/Month $699,905.16/Year $741,909.00/Year It is hereby recommended that the Universal Care Group Subscriber Agreement, by and between, the City of Vernon and Universal Care be renewed for the policy year from January 1, 2000 to December 31, 2000, and that the amended "Schedule C" to said agreement, be approved. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated, December 16, 1999, be received and filed and the recommendation approved. Motion carried. RESOLUTION NO. 7467 - A Resolution Of The City Council Of The City Of Vernon Renewing The Universal Care Group Subscriber Agreement By And Between The City Of Vernon And Universal Care And Approving And Amending Schedule C To Said Agreement, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7467 be approved and adopted. Motion carried. Communication from Bruce Olson, Police Chief, dated December 9, 1999, was presented, requesting authority and funds for Jacqueline Warshaw, Dispatcher, to attend the Dispatcher Update Course at Riverside on February 15th thru 17th, 2000, with an expense allowance of $130.00. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Jacqueline Warshaw to attend the aforementioned course with an expense allowance of $130.00. Motion carried. Communication from Bruce Olson, Police Chief, dated December 10, 1999, was presented, requesting authority and funds for Miguel Zendejas, Vernon Service Officer, to attend the Corrections Officer Basic Course at Riverside on January 31st thru March 215t, 2000, with an expense allowance of $1,727.65. It was moved by McCormick, seconded by Davis, that authority and funds be granted for Miguel Zendejas to attend the aforementioned course with an expense allowance of $1,727.65. Motion carried. Communication from Dave Telford, Fire Chief, dated December 13, 1999, was presented, requesting authority and funds for Jed Hulsey, Fire Captain, to attend the Tech/Specialist Terrorism Seminar at San Luis Obispo on January 11th thru 13th, 2000, with an expense allowance of $423.33. Page 6 of 12 City Council Minutes December 21, 1999 It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Fire Captain Jed Hulsey to attend the aforementioned seminar with an expense allowance of $423.33. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, was presented, dated December 14, 1999, requesting authority and funds for Elizabeth Quaranta, Health Specialist, to attend the Food Standardization Meeting at Sacramento on January 4th, 2000, with an expense allowance of $161.00. It was moved by McCormick, seconded by Davis, that authority and funds be granted for Elizabeth Quaranta to attend the aforementioned meeting with an expense allowance of $161.00. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated December 15, 1999, was presented, requesting authority and funds for Matthew Daniels, Senior Substation Technician, to attend the essentials of Communicating with Tact & Finesse Workshop at Anaheim on January 11th and 12th, 2000, with an expense allowance of $447.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Matthew Daniels to attend the aforementioned workshop with an expense allowance of $447.00. Motion carried. Communication from Dave Telford, Fire Chief, dated December 15, 1999, was presented, requesting authority and funds for the personnel listed below to attend the Confined Space Rescue Operational Class at Anaheim, on January loth thru 14th, 2000, with an expense allowances of $325.00 each. • Jeff Graves, Firefighter • Rory Moore, Engineer It was moved by Davis, seconded by McCormick, that authority and funds be granted for the above listed personnel to attend the aforementioned class with an expense allowance of $325.00 each. Motion carried. Communication from Dave Telford, Fire Chief, dated December 15, 1999, was presented, requesting authority and funds for the personnel listed below to attend the California Conference of Arson Investigators, on January 17th thru 19th, 2000 with an expense allowance of $703.72 and $315.00 respectively. • Chris Hanson, Firefighter • Peter Gantes, Firefighter It was moved by Gonzales, seconded by Ybarra, that authority and funds be granted for the above listed Firefighters to attend the aforementioned course with an expense allowance of $703.72 and $315.00 respectively. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 16, 1999, was presented, requesting authority and funds for himself, to attend the League of California Cities City Manager's Meeting at Palm Springs, on February 2nd thru 4th, 2000, with an expense allowance of $893.00. Page 7 of 12 City Council Minutes December 21, 1999 It was moved by McCormick, seconded by Davis, that authority and funds be granted for Bruce V. Malkenhorst to attend the aforementioned meeting with an expense allowance of $893.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 16, 1999, was presented, requesting authority and funds for Martha Valenzuela, Office Manager, to attend the California Society of Municipal Finance Officers' Annual Conference at Pasadena, on February 27th thru 29th, 2000, with an expense allowance of $617.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for Martha Valenzuela to attend the aforementioned conference with an expense allowance of $617.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 16, 1999, was presented, requesting authority and funds for himself and the officials listed below to attend the California Society of Municipal Finance Officers' Annual Conference at Pasadena, on February 27th thru 29th, 2000, with expense allowances of $727.00 each. • Thomas A. Ybarra, Mayor Pro-Tem • Hilario Gonzales, Councilman • William Davis, Councilman It was moved by McCormick, seconded by Davis, that authority and funds be granted for Bruce V. Malkenhorst and the above listed officials to attend the aforementioned conference with an expense allowance of $727.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 16, 1999, was presented, requesting authority and funds for himself and Councilman William Davis to attend the League of California Cities Employees Relations Institute at Santa Barbara, on January 27th thru 28th, 2000, with expense allowances of $818.00 each. ' It was moved by Gonzales, seconded by Ybarra, that authority and funds be granted for Bruce V. Malkenhorst and William Davis to attend the aforementioned conference with an expense allowance of $818.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 16, 1999, was presented, requesting authority and funds for himself and the officials listed below to attend the California Contract Cities Association 33rd Annual Legislative Tour at Sacramento, on January 10th thru 12th, 2000, with expense allowances of $796.21 each. • Thomas A. Ybarra, Mayor Pro-Tem • William Davis, Councilman It was moved by Ybarra, seconded by Davis, that authority and funds be granted for Bruce V. Malkenhorst, Mayor Pro-Tem Thomas Ybarra, and Councilman William Davis to attend the aforementioned conference with an expense allowance of $796.21 each. Motion carried. Page 8 of 12 City Council Minutes December 21, 1999 RESOLUTION NO. 7458 - A Resolution Of The City Council Of The City Of Vernon Amending Section 27, Subsection (e) Of Resolution No. 7359 Which Fixed The Compensation For Certain Employees Of Said City And Authorized Certain Expense Allowances, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7458 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 16, 1999, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held December 20, 1999, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations listed on December 20, 1999 Agenda for the Personnel Committee meeting be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated December 16, 1999, was presented, transmitting the Minutes for the Finance Committee Meeting held December 14, 1999, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations listed on the Minutes for the Finance Committee Meeting held December 14, 1999 be approved. Motion carried. RESOLUTION NO. 7459 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing Notice Inviting Sealed Proposals Or Bids For The Purchase Of A One And A Half -Ton Flatbed Truck For The Utilities Department, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7459 be approved and adopted. Motion carried. RESOLUTION NO. 7460 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing Notice Inviting Sealed Proposals Or Bids For The Purchase Of A New Mid -Size Passenger Van For The Police Department To Be Used As A Drug Awareness Resistance Education Vehicle, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7460 be approved and adopted. Motion carried. RESOLUTION NO. 7461 - A Resolution Of The City Council Of The City,Of Vernon Authorizing The Sale Of Surplus Property From The Following Departments: City Administrator/City Clerk (Finance), Fire, Police (Communications Center) And Utilities, Pursuant To Section 2.31 Of The Vernon City Code, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7461 be approved and adopted. Motion carried. RESOLUTION NO. 7462 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing Notice Inviting Sealed Proposals Or Bids For The Purchase Of Two New Passenger Sedans And One Sport Utility Vehicle For The Police Department, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7462 be approved and adopted. Motion carried. Page 9 of 12 City Council Minutes December 21, 1999 RESOLUTION NO. 7463 - A Resolution Of The City Council Of The City Of Vernon Directing The Purchasing Agent TO Enter Into Negotiations With Mitchell Humphrey & Company, In Association With High Line Corporation, For The Purchase Of Software, Supplies And Services To Replace The Existing Financial Management System Pursuant To Section 2-29-3 Of The Vernon City Code, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution NO. 7463 be approved and adopted. RESOLUTION NO. 7464 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Vehicle Purchase Contract By And Between The City Of Vernon And Saulsbury Fire Rescue, Inc. For The Purchase Of One Urban Search And Rescue Vehicle, was presented. Communication from Bruce V. Malkenhorst, Director of Finance, dated December 16, 1999, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held December 21, 1999 for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the recommendations listed on the Agenda for the Adjourned Finance Committee meeting held December 21, 1999, be approved. Motion carried. WARRANT REGISTER NO. 1031 covering claims and demands presented during the period of December 3rd, thru December 16tn, 1999, drawn on Wells Fargo Bank totaling $736,457.52, and includes check Nos. 75334 thru 75546 (inclusive), excluding Utility demands and Voided checks as listed below (accounting period December, 1999), was examined and audited. 75395 75396 75397 It was moved by Davis, seconded by McCormick, that Warrant Register No. 1031 be approved and payment authorized for claims and demands totaling $736,457.52, excluding Utility claims and demands, and Voided checks as listed above. Motion carried. WARRANT REGISTER NO. 1031 covering claims and demands presented during the period Of December 3rd, thru December 16tn, 1999, drawn On Wells Fargo Bank totaling $1,646,714.01, which includes Utility demands and check Nos. as listed below: (accounting period December, 1999), was examined and audited. 75339 75341 75356 75357 75358 75369 75371 75372 75373 75376 75377 75383 75384 75388 75389 75391 75401 75411 75414 75422 75424 75425 75430 75435 75436 75462 75464 75473 75476 75493 75497 75503 75508 75512 75515 75518 75521 75532 75538 75542 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1031 be approved and payment authorized for Utility claims and demands totaling $1,646,714.01. 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. Page 10 of 12 City Council Minutes December 21, 1999 PAYROLL WARRANT REGISTER NO. 522 covering claims and demands presented during the period of October 10th, thru November 6th, 1999, drawn on Wells Fargo Bank totaling $1,667,590.09, which includes demand Nos. 6455 thru 6487 (inclusive), (accounting period November, 1999), was examined and audited. It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 522 be approved and payment authorized for claims and demands totaling $1,667,590.09. Motion carried. The Mayor called a recess at 6:00 p.m. The Council reconvened in Regular Session at 6:03 p.m., all members present before the recess again being present. It was moved by Davis, seconded by Gonzales, that Council go into Closed Session on Item No. 1, the time being 6:03 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, Secretary, Chief of Police, Police Captain, and the Police Officer. 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 6:08 p.m. The Chief of Police and Police Captain were excused at 6:10 p.m. 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 6:10 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council go into Closed Session pertaining to Item Nos. 2 & 3, the time being 6:10 p.m. Motion carried. All persons were excluded from Closed Session except the City Clerk, City Attorney, and the Secretary. 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) The City of Vernon v. The Atchison, Topeka Santa Fe Railway, CPUC Case NO. 96 01-019; (b) FERC Docket Nos. OA96-76, OA97-602, OA97-604, ER96- 222, {open access); (c) FERC Docket Nos. ER97-2355, EC 96-19-000, ER96-1633 and EL96-48 (Restructuring); Page 11 of 12 City Council Minutes December 21, 1999 (d) CPUC Application No. 96-10 038 (SDG&E/SOCa1GaS Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC ENTERPRISES); FERC Docket No. EC97-12-000; (e) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO Unassigned; (f) FERC Docket No. ER98-3594 (ISO); (g) CPUC Application No. 98-07-005; (h) FERC Docket No. ER98-3760 (ISO); (i) David Venegas, et al. v. City of Vernon, LASC NO. BC 207136; (j) Utility Boring v. City of Vernon, et al, Norwalk Superior Court No. VC 029477; (k) Piping Services, Inc. v. City Of Vernon, et al, Norwalk Superior Court No. VC 029803 3. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIM Claimant: New Star Oriental Corporation Agency Claimed Against: City of Vernon It was moved by Ybarra, seconded by Davis, that the City Council go out of Closed Session pertaining to Item Nos. 2 & 3 and resume Regular Session, the time being 6:11 p.m. Motion carried. It was moved by Davis, seconded by McCormick, that the Police Officer be disciplined as recommended by the Chief of Police. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the claim for New Star Oriental Corporation be rejected. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ATTEST: y Bruce V. Malkenhorst City Clerk eLeonis C. Mal rg Mayor Page 12 of 12