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19920707 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 7, 1992, AT 5 P.M. IN THE COUNCIL CHAMBERS OF 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 Gonzales, that the minutes of the City Council Meeting held June 16, 1992, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Davis, that the minutes of the Adjourned City Council Meeting held June 30, 1992, be approved as submitted and adopted. Motion carried. At this time the Mayor presented Service pins to the following employees and extended congratulations on behalf of the Council: David B. Brearley, City Attorney - 15 years POLICE DEPARTMENT Michael Gillman, Police Officer - 5 years COMMUNITY SERVICES DEPARTMENT Kevin Wilson, civil Engineer - 10 years FIRE DEPARTMENT Luz Martinez, Secretary - 5 years The following employees of the Police Department were unable to attend the meeting and pins were accepted by Police Chief Louis Rosenkrantz on their behalf: Hector Figueroa, Civilian Court Officer - 10 years Norman Lindstrom, Police Officer - 5 years Randolph Phillips, Police Officer - 5 years victor Vaits, Director of Community Services, and Kenneth DeDario, Director of Light and Power, accepted 5 Year Service pins on behalf of utilityman Adam Alvarez and Water & Power Dispatcher Jeffrey Coburn, who were also unable to attend the meeting. The Mayor called a recess at 5:02 p.m. The Council reconvened in regular session at 5:05 p.m., all members present before the recess again being present. Police Department Activity Log for the period June 16 thru 30, 1992, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period June 16 thru 30, 1992, be received and filed. Motion carried. Fire Department Activity Report for the period June 16 thru 30, 1992, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period June 16 thru 30, 1992, be received and filed. Motion carried. 4466 I I City Council Minutes page 2 July 7, 1992 At this time the Mayor asked if there was anyone in the audience who wished to address the Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. There was no one in the audience who wished to address the City council at this time. It was moved by Ybarra, seconded by McCormick, to open the Public Hearing to consider a request for a Variance from City Fibers, Inc., to allow the owner to utilize a non-conforming truck dock at 2417 26th street, the time being 5:07 p.m. Motion carried. victor Vaits, Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated June 24, 1992, was presented, advising that City Fibers, Inc., has requested a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 2417 26th street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Property owners list statement, property owners list and 300 foot radius map; 5. Engineer's Report. The building has three non-conforming truck docks, two of which measure 10 feet wide by 50.8 feet long, and one measuring 11 feet wide by 34 feet long. The company proposes to recess the two 10 foot wide docks to 70 feet from the street right-of-way. They are requesting the Variance for the third dock because it would be too expensive to recess due to the nature of the structure, and will use only vehicles of smaller lengths at this dock. This has been reviewed by the Director of Community services, and it is hereby recommended that the variance be granted contingent upon the following "Conditions:" a. The usage of the 11 feet wide by 34 feet long loading space shall be limited to vehicles with a maximum length of 29 feet; b. The two 10 feet wide by 50.8 deep loading docks shall be recessed to 70 feet from the existing north line of 26th Street by November 1, 1992. questions. The Mayor asked if there was anyone who had any Councilman Davis asked how many trucks will be coming in and out of the facility. Mr. vaits replied that space is allowed for three trucks only. The Mayor asked if there was anyone in the audience who had any questions. Mr. Peter Moore, representing City Fibers, addressed the Council and advised that there would be a maximum of ten trucks per day. 4465 I I City Council Minutes page 3 July 7, 1992 It was moved by McCormick, seconded by Davis, to close the Public Hearing with regard to the request for a Variance by City Fibers, Inc., the time being 5:10 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated June 24, 1992 and all supporting documents submitting during the Public Hearing be received and filed, and that the Variance be granted contingent upon the aforementioned Conditions "a" and "b". Motion carried. RESOLUTION NO. 6128 - A Resolution of the City Council of the City of Vernon Granting a Variance to City Fibers, Inc., From section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property at 2417 26th Street in the City of Vernon, was presented. It was moved by MCCormick, seconded by Davis, that Resolution No. 6128 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated June 16, 1992, was presented, requesting authority and funds for Lt. William Waxman to attend the Supervisory Development Seminar in San Simeon, California, August 12-14, 1992, with an expense allowance of $745.32 of which $644.48 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Lt. William Waxman to attend the Supervisory Development Seminar in San Simeon, California, August 12-14, 1992, with an expense allowance of $745.32. Motion carried. Communication from victor Vaits, Director of Community Services, dated June 17, 1992, was presented, transmitting a fully executed Grant Deed from Slauson-Boyle Venture for a portion of property (approximately 343 square feet) at the northeast corner of Boyle and Slauson Avenues for street purposes, and recommending that the Grant Deed be accepted and the Certificate of Acceptance be approved and executed. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services dated June 17, 1992 be received and filed, and that the Grant Deed from Slauson-Boyle Venture be accepted and the Certificate of Acceptance be approved and executed. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated June 18, 1992, requesting authority and funds for Lt. Steven Towles and Officer Delma Perez to attend Laser Firearms Training at Biscaluiz Center, July 28, 1992, with an expense allowance of $106.16 which will be reimbursed by POST. It was moved by MCCormick, seconded by Ybarra, that authority be granted for Lt. Steven Towles and Officer Delma Perez to attend Laser Firearms Training at Biscaluiz Center, July 28, 1992, with an expense allowance of $106.16. Motion carried. Communication from Fire Chief Larry Spadt, dated June 22, 1992, was presented, requesting authority and funds for Captain Larry Weaver to attend the California Conference of Arson Investigators in Fresno, July 14-16, 1992, with an expense allowance of $508.92. It was moved by Davis, seconded by Gonzales, that authority be granted for Captain Larry Weaver to attend the California Conference of Arson Investigators in Fresno, July 14- 16, 1992, with an expense allowance of $508.92. Motion carried. 4464 I I City Council Minutes page 4 July 7, 1992 Communication from John R. Guerra, Community Affairs Manager, Southern California Gas Company, dated June 22, 1992, was presented, submitting an appeal to the City council for approval of the applications for an Encroachment Permit for the installation of Pipeline No. 765, filed by the Gas Company. victor Vaits, Director of Community services, addressed the City Council regarding this matter and advised that the City currently has two (2) encroachment permit applications from the Gas Company for a gas line in Alcoa Avenue and in Downey Road. Mr. Vaits referred to the letter sent by Bruce Malkenhorst, City Administrator/City Clerk dated July 1, 1992, to Mr. Guerra regard- ing Southern California Gas Company Applications for Excavation Permit filed May 11 and 28, 1992. He further described the con- cerns listed in Mr. Malkenhorst's July 1st letter that the City has in issuing the Encroachment License. Mr. vaits also advised that he is trying to schedule a meeting at this time with the Gas Com- pany representatives in order to determine if the Gas Company intends to file an amended application which would incorporate the concerns expressed in Mr. Malkenhorst's letter of July 1, and further concerns his staff has in evaluating the application. These concerns are as follows: 1. Engineer's drawings showing profiles of proposed lines and the existing lines and all other topo- graphical information in the street right-of-way. 2. Soil that is being returned as backfill be treated (cement additive). 3. Streets five years old or less (newly or recently paved) that may be affected would be resurfaced from curb to curb. 4. Detailed traffic plans that show the work areas since this entails major streets in Vernon and can cause major traffic congestion. 5. Condition of present soil and how the existing gas lines will be abandoned. 6. Proposed plan for the City of Vernon to intercon- nect for City's gas lines when it becomes a wholesale customer of the Gas Company. victor Vaits requested that the City Council refer this matter back to him for further review. David B. Brearley, City Attorney, addressed the City Council and stated that this is the first regular meeting the City Council has had since the Gas Company letter was received and, since that time, Southern California Gas Company has filed a law- suit asking that the City be compelled to issue an Encroachment Permit. Mr. Brearley also concurred with the Director of Community Services in that this matter should be referred back to him for review and determination if the Gas Company is going to amend its application. Councilman Davis asked if this gas line would be laid in the street or in the sidewalk. Mr. Vaits said their intent is to go into the streets. Mr. vaits indicated there may be other concerns after further review. Mr. John Guerra was in attendance at the meeting; however, he made no comments nor asked to address the City Council. It was moved by McCormick, seconded by Ybarra, that the letters from John R. Guerra dated June 22, 1992, and Bruce V. 4463 " I I City Council Minutes page 5 July 7, 1992 Malkenhorst, dated July 1, 1992 (submitted during the meeting), be received and filed; and that the matter of the Gas Company's request for an Encroachment Permit be referred back to the Director of Community Services for further review and study. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 23, 1992, was presented, requesting authority and funds for Christopher Romero, Administrative Aide, to attend the Municipal Management Assistants of Southern California Annual Conference in Long Beach, August 13-15, 1992, with an expense allowance of $336.40. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Administrative Aide Christopher Romero to attend the Municipal Management Assistants of Southern California Annual Conference in Long Beach, August 13-15, 1992, with an expense allowance of $336.40. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 24, 1992, was presented, advising that Owens-Brockway Glass Container, Inc., has requested permission to use and maintain one conveyor tunnel, with two signs attached to it, over Fruitland Avenue. This has been reviewed by the Director of Community Services and the city Attorney, and it is hereby recommended that the Encroachment License Agreement be approved and executed. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated June 24, 1992 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6130 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Encroachment License Agreement No. 372 By and Between the City of Vernon and Owens-Brockway Glass Container, Inc., was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6130 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated June 24, 1992, was presented, requesting authority and funds for Police Officer Penny Turner to attend the Vehicle Theft Investigation Course in San Diego, July 27-31, 1992, with an expense allowance of $713.97 of which $602.92 will be reimbursed by POST. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Officer Penny Turner ,to attend the Vehicle Theft Investigation Course in San Diego, July 27-31, 1992, with an expense allowance of $713.97. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated June 29, 1992, was presented, requesting authority and funds for Thomas A. Ybarra, Mayor Pro Tem, to attend the League of California Cities Downtown Revitalization Conference in San Jose, August 5-7, 1992, with an expense allowance of $593.00. It was moved by Davis, seconded by Gonzales, that authority be granted for Mayor Pro Tem Thomas Ybarra to attend the League of California Cities Downtown Revitalization Conference in San Jose, August 5-7, 1992, with an expense allowance of $593.00. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated June 29, 1992, was presented, transmit- ting a fully executed "Easement Deed" from the City of Los Angeles for street purposes for two parcels of property (approximately 500 square feet) located on Packers Avenue between Alcoa Avenue and 4462 I I City Council Minutes page 6 July 7, 1992 Downey Road. This has been reviewed by the City Attorney, and it is hereby recommended that the Deed be accepted, and that the Certificate of Acceptance be approved and executed. It was moved by Ybarra, seconded by Mccormick, that the communication from the Director of Community services dated June 29, 1992 be received and filed, and that the Easement Deed from the City of Los Angeles be accepted, and the certificate of Acceptance be approved and executed. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated June 29, 1992, was presented, requesting authority and funds for Kevin Wilson to attend the American Public Works Association Workshop entitled "Stormwater Permit Compliance" in Ontario, August 26, 1992, with an expense allowance of $65.33. It was moved by Gonzales, seconded by Davis, that authority be granted for Kevin Wilson to attend the American Public Works Association Workshop entitled "Stormwater Permit Compliance" in Ontario, August 26, 1992, with an expense allowance of $65.33. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 2, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held July 6, 1992, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations listed on the Agenda for the Personnel Committee Meeting held July 6, 1992 be approved as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 2, 1992, was presented, advising that Chambers Waste Systems of California, Inc., is proposing to construct a transfer station/material recovery facility at 3691 Bandini Boulevard. This project will require an Environmental Impact Report and Conservtech Corporation has been selected to prepare said EIR. All costs associated with the preparation of the EIR will be borne by Chambers. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that a three-part agreement for consulting services between the City of Vernon, Chambers Waste Systems of California, Inc., and Conservtech Corporation be approved and executed. It is also recommended that an Indemnifi- cation Agreement between the City of Vernon and Chambers Waste Systems of California, Inc. be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 2, 1992 be received and filed, and that his recommendations be approved. Motion carried. RESOLUTION NO. 6110 - A Resolution of the City Council of the city of Vernon Approving and Authorizing the Execution of an Agreement for Consulting Services By and Between the City of Vernon and Chambers Waste Systems of California, Inc. ("APPLICANT") and Conservtech Corporation ("CONSULTANT") for the Preparation of an Environmental Impact Report and Related Services Regarding Applicant's Vernon Transfer Station/Material Recovery Facility, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6110 be approved and adopted. Motion carried. RESOLUTION NO. 6119 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Indemnification Agreement By and Between the City of Vernon and Chambers Waste Systems of California, Inc., was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6119 be approved and adopted. Motion carried. 4461 I I City Council Minutes page 6 July 7, 1992 Downey Road. This has been reviewed by the City Attorney, and it is hereby recommended that the Deed be accepted, and that the Certificate of Acceptance be approved and executed. It was moved by Ybarra, seconded by McCormick, that the communication from the Director of Community Services dated June 29, 1992 be received and filed, and that the Easement Deed from the City of Los Angeles be accepted, and the Certificate of Acceptance be approved and executed. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated June 29, 1992, was presented, requesting authority and funds for Kevin wilson to attend the American Public Works Association Workshop entitled "Stormwater Permit Compliance" in Ontario, August 26, 1992, with an expense allowance of $65.33. It was moved by Gonzales, seconded by Davis, that authority be granted for Kevin Wilson to attend the American Public Works Association Workshop entitled "Stormwater Permit Compliance" in ontario, August 26, 1992, with an expense allowance of $65.33. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 2, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held July 6, 1992, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations listed on the Agenda for the Personnel Committee Meeting held July 6, 1992 be approved as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 2, 1992, was presented, advising that Chambers Waste Systems of California, Inc., is proposing to construct a transfer station/material recovery facility in Vernon. This project will require an Environmental Impact Report and Conservtech Corporation has been selected to prepare said EIR. All costs associated with the preparation of the EIR will be borne by Chambers. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that a three-part agreement for consulting services between the City of Vernon, Chambers Waste Systems of California, Inc., and Conservtech Corporation be approved and executed. It is also recommended that an Indemnifi- cation Agreement between the City of Vernon and Chambers Waste Systems of California, Inc. be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 2, 1992 be received and filed, and that his recommendations be approved. Motion carried. RESOLUTION NO. 6110 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Consulting Services By and Between the City of Vernon and Chambers Waste Systems of California, Inc. ("APPLICANT") and Conservtech Corporation ("CONSULTANT") for the Preparation of an Environmental Impact Report and Related Services Regarding Applicant's Vernon Transfer Station/Material Recovery Facility, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6110 be approved and adopted. Motion carried. RESOLUTION NO. 6119 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Indemnification Agreement By and Between the City of Vernon and Chambers Waste Systems of California, Inc., was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6119 be approved and adopted. Motion carried. 4460 I I City Council Minutes Page 7 July 7, 1992 Communication from Bruce V. Malkenhorst, City Clerk, dated July 2, 1992, was presented, advising that Richard and Zolten Friedman and Catellus Development Corporation are the owners of two adjoining parcels of land located on the north side of District Boulevard between Loma Vista Avenue and Gifford Avenue. They have requested an adjustment of the boundary line between the parcels which will result in a portion of land being transferred from the Catellus parcel to the Friedman parcel. This has been reviewed by the Director of Community services and the City Attorney, and it is hereby recommended that the Lot Line Adjustment be approved. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated July 2, 1992, be received and filed and that his recommendation be approved. Motion carried. RESOLUTION NO. 6127 - A Resolution of the city Council of the City of Vernon Approving a "Lot Line Adjustment" Requested by Richard and Zolten Friedman and Catellus Development Corporation, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6127 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 2, 1992, was presented, advising that Loma vista Trading is requesting a Variance from the 1988 Edition of the Uniform Building Code, Table No. 5a: "Wall and opening protection of occupancies based on location on property." Submitted herewith is the Engineer's Report as prepared by the Department of Community Services. The company occupies the building at 4501 50th Street and are proposing to expand their operation to an adjacent building at 4523 50th Street and would like direct access between the buildings. They are proposing to construct one opening measuring 10 feet by 10 feet. This has been reviewed by the Director of Community Services and the Fire Chief, and if the Variance is granted no additional hazards will be introduced. Based upon the aforementioned, it is hereby recommended that the Variance be granted contingent upon the following Conditions: 1. A one and one-half hour fire rated door assembly shall be provided at the opening with fusible links on both sides of the opening. 2. Upon any change in occupancy, ownership or use the openings shall be permanently sealed. 3. A minimum of 8,000 square feet of the building area shall be utilized for a manufacturing operation. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated July 2, 1992 be received and filed, and that the Variance be granted contingent upon Conditions "1" through "3". Motion carried. RESOLUTION NO. 6129 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Maintenance Agreement (7/1/92 Through 6/30/93) By and Between the City of Vernon and A. L. communications, Inc. for Maintenance of the City'S Present Telephone System, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6129 be approved and adopted. Motion carried. WARRANT REGISTER NO. 842 covering claims and demands presented during the period of June 12 thru July 2, 1992, drawn on the First Interstate Bank totaling $346,813.43, which includes Demand Nos. 37794 thru 38016 (inclusive), excluding Light & Power Demands and void demands as listed below (accounting period June paid in July, 1992) was examined and audited: 4459 I I City Council Minutes page 8 July 7, 1992 37818 37835 37850 37851 37852 37909 37916 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 842 be approved and payment authorized for claims and demands totaling $346,813.43, excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 842 covering claims and demands presented during the period of June 12 thru July 2, 1992, drawn on the First Interstate Bank totaling $3,492,987.00, which includes Light & Power Demand Nos. as listed below (accounting period June paid in July, 1992) was examined and audited: 37794 37810 37834 37853 37890 37932 37970 38002 37795 37811 37840 37854 37896 37942 37974 38006 37796 37812 37845 37858 37908 37956 37979 38013 37797 37813 37846 37859 37910 37957 37987 37798 37819 37847 37879 37917 37959 37989 37809 37824 37848 37883 37926 37961 37994 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 842 be approved and payment authorized for claims and demands totaling $3,492,987.00. 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. 431 covering claims and demands presented during the period of May 17 thru June 13, 1992, drawn on the First Interstate Bank totaling $1,209,206.28 which includes Demand Nos. 6598 thru 6630 (inclusive), (accounting period June, 1992) was examined and audited. It was moved by Gonzales, seconded by Davis, that Payroll Warrant Register No. 431 be approved and payment authorized for claims and demands totaling $1,209,206.28. Motion carried. Consideration of Cotton, Beland and Associates' proposal to do an Environmental Impact Report for the Final Application of the Enterprise Zone Project. victor Vaits, Director of community services, addressed the City Council and advised that staff is reviewing the present situation of an Enterprise Zone Project for Vernon and the City's previous position in this matter. Gerald Forde, Assistant to the City Administrator addressed the City Council and summarized, to the best of his knowledge, the present situation for the City Council. Consideration of proposed agreement with Magellan Group for the preparation of the Final Application for the Enterprise Zone. It was moved by McCormick, seconded by Gonzales, that Cotton, Beland and Associates' Proposal, and the proposed agreement with Magellan Group for the preparation of the Final Application for the Enterprise Zone Project be referred to the Director of Community Services for further review. Motion carried. Consideration of settlement in claim of Heliodoro Sanchez and Guadalupe Sanchez. ~ Consideration of settlement in claim of Claudette Leverett. The City Clerk advised that the aforementioned claims should be referred to Closed Session later this date. ".l{ "i4":S:g I I City Council Minutes page 9 July 7, 1992 The Mayor called a recess at 6 p.m. The Council reconvened in regular session at 6:05 p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session, Personnel, pursuant to Government Code section 54957, the time being 6:03 p.m. Motion carried. All persons with the exception of the City Clerk, City Attorney, and the Chief of Police were excluded from Closed Ses- sion. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session and resume regular session the time being 6:20 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session, Attorney/Client privilege, pursuant to Government Code sections 54956.9(a) and 54956.9(c), the time being 6:21 p.m. Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session and resume regular session the time being 6:35 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the claim of Heliodoro Sanchez and Guadalupe Sanchez be settled contin- gent upon the execution of a complete release and dismissal. Motion carried. It was moved by Davis, seconded by Gonzales, that the claim of Claudette Leverett be settled in the amount of $11,250 for personal injury and $1,500 for property damage contingent upon execution of a "Release and Dismissal." Motion carried. It was moved by McCormick, seconded by Ybarra, that the disciplinary action concerning civilian Traffic Officer Benjamin Potter be approved and that Officer Potter be enrolled in a "low speed driver training class" and he be counselled with regard to safe driving habits as recommended by the Chief of Police and the Director of Personnel. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the disciplinary action concerning Officer Gairon Johnson be approved and that he be suspended one day without pay with two additional days suspension to be held in abeyance for one year as recommended by the Chief of Police and the Director of Personnel. 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: d ~/~ "" ~ ~/dL6-u'~' . ~~s C: Malbur , Mayor Bruce V. Malkenhorst, 44~7