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19940503 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 3, 1994 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, McCormick MEMBERS ABSENT: Davis The meeting was called to order by Mayor Malburg Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1994, was presented, stating that now is the time and place for the selection of the Mayor and the Mayor Pro Tem. It was moved by Ybarra, seconded by Mccormick, that Leonis C. Malburg be reappointed Mayor. Motion carried. It was moved by Gonzales, seconded by McCormick, that Thomas A. Ybarra be reappointed Mayor Pro Tem. Motion carried Communication from Bruce V. Malkenhorst, City Clerk, dated April 23, 1994, was presented, stating that now is the time and place for the reappointment of members on the following Committees: Personnel Committee Finance Committee Police and Fire Commissions It is also recommended that Hilario Gonzales and William Davis be appointed as alternates on the Personnel Committee and Finance Committee, respectively, to serve on said committees during the absence of any regular member. Mayor Malburg recommended that the present members of each committee be reappointed, and also the alternates as recom- mended by the City Clerk. It was moved by Ybarra, seconded by Gonzales, to approve the Mayor's recommendation as listed below. Motion carried. Personnel Committee Leonis C. Malburg Thomas A. Ybarra William Davis Hilario Gonzales (Alternate) Finance Committee Leonis C. Malburg Thomas A. Ybarra Hilario Gonzales William Davis (Alternate) Police and Fire Commissions Leonis C. Malburg Thomas A. Ybarra William M. McCormick It was moved by McCormick, seconded by Ybarra, that the Minutes of the Adjourned Regular City Council Meeting held April 26, 1994, be deferred to the next City Council Meeting. Motion carried. 4887 I I ~ City Council Minutes page 2 May 3, 1994 At this time, the Mayor presented Five Year Service Pins to Diesel Operator David Muniz, and Power Plant Superin- tendent James Siegert, and extended congratulations on behalf of the entire City Council. The Mayor called a recess at 5:10 p.m. The Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Police Department Activity Log for the period April 16 thru 30, 1994, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period April 16 thru 30, 1994 be received and filed. Motion carried. Fire Department Activity Report for the period April 16 thru 30, 1994, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period April 16 thru 30, 1994 be received and filed. Motion carried. The City Clerk advised that now was the time for anyone in the audience to address the Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. 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 Council at this time. It was moved by Gonzales, seconded by Ybarra, to open the HEARING for the determination of the disability retirement of former Firefighter Vernon Sem. Motion carried. (Continued from the City Council Meeting held April 26, 1994.) Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1994, was presented, advising that former Fire- fighter Vernon Sem presented, during the Hearing on his Deter- mination of Disability Retirement, documents which he felt sub- stantiated his request for disability retirement. The informa- tion presented by Mr. Sem has been reviewed by staff and based upon said review, it is hereby recommended that his application for disability retirement be denied. The Mayor asked if there was anyone representing Mr. Sem who would like to address the Council. There was no one present representing Mr. Sem. It was moved by McCormick, seconded by Gonzales, to close the Hearing regarding the determination of the disability retirement of Vernon Sem, the time being 5:15 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated April 28, 1994 and all supporting documents be received and filed as evidence, and that Mr. SemIs request for disability retirement be denied. Motion carried. 4886 I I City council Minutes page 3 May 3, 1994 RESOLUTION NO. 6405 - A Resolution of the City Council of the City of Vernon Denying the Disability Retirement of Vernon Sem, a Local Safety Member Employed by the City of Vernon (Government Code Section 21024 and 21025), was presented. (Deferred from the City Council Meeting held April 26, 1994.) It was moved by McCormick, seconded by Gonzales, that Resolution No. 6405 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by McCormick, to open the PUBLIC HEARING to consider a request from J. F. Yoong for a Variance to allow the tenant to utilize one non-conforming truck dock for property located at 4747 49th Street, the time being 5:16 p.m. Motion carried. victor H. Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1994, was presented, advising that J. F. Yoong has submitted an application for a Variance from the Comprehen- sive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4747 49th Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has one non-conforming truck loading space which is 21 feet long and 10 feet wide. The company is proposing to use only vehicles of a smaller length at this dock. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that the Variance be granted contingent upon the following Conditions: a. The usage of the truck loading space shall be limited so that any truck parked at the loading dock shall 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 or owners shall be notified of this restriction and a Condition stating this shall be placed in their lease or deed. Communication from Victor H. vaits, Interim Director of Community Services, dated May 3, 1994, was presented, trans- mitting a revised Engineer's Report dated May 3, 1994, and advising that upon further review of the Conditions set forth on the Variance for J. F. Yoong, it is hereby recommended that Conditions "a" and "b" be changed to read as follows: a. The usage of the non-conforming truck loading space shall be limited so that any truck parked at the loading dock shall 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 the restriction and a Condition stating this shall be placed in their lease. The Mayor asked if there were any questions, or if anyone in the audience wished to address the Council. No one wished to address the Council. 4885 I I City Council Minutes page 4 May 3, 1994 It was moved by McCormick, seconded by Ybarra, to close the Public Hearing pertaining to J.F. Yoong, the time being 5:19 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communications from the City Clerk dated April 28, 1994 and the Interim Director of Community services dated May 3, 1994 and all supporting documents be received and filed as evidence; and that the Variance be granted to J. F. Yoong contingent upon their adherence to the aforementioned Conditions "a" and "b", in accordance with Mr. vaits's letter of May 3, 1994. Motion carried. RESOLUTION NO. 6423 - A Resolution of the City Council of the City of Vernon Granting a Variance to J. F. Yoong, From Section 26.4.2-8, Development Standards, of the Comprehen- sive Zoning Ordinance, For the Property Located at 4747 49th Street in the City of Vernon, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6423 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by McCormick, to open the PUBLIC HEARING to consider a request from Pacific Apparel Xpress for a Variance to allow the tenant to utilize thirteen non-conforming truck docks at property located at 3228 50th Street, the time being 5:20 p.m. Motion carried. victor H. Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1994, was presented, advising that Pacific Apparel Xpress has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 3228 50th Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has thirteen non-conforming truck loading spaces, ten of which measure 51.2 feet long and 9 feet wide. Three spaces are 19.5 feet long and 10 feet wide. The company is proposing to recess two of the docks and to use only vehicles of a smaller length at the remaining docks. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that the Variance be granted contingent upon the following Conditions: a. The usage of the truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of- way as shown on the Master Plan of Streets dated June 16, 1992; b. Two of the docks shall be recessed to comply with the Comprehensive Zoning Ordinance, section 26.4.2-8 and prior to modification, applicant shall obtain all of the necessary permits from the City of Vernon; c. To comply with the Master Plan of Streets dated June 16, 1992, applicant shall dedicate the necessary street right-of-way to the City of Vernon at no cost. 488,4 I I City Council Minutes page 5 May 3, 1994 The Mayor asked if there was anyone in audience who had any questions of Mr. Vaits, or if the City Council had any questions. There were no questions. It was moved by McCormick, seconded by Ybarra, to close the Public Hearing pertaining to Pacific Apparel Xpress, the time being, 5:23 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated April 28, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Pacific Apparel Xpress contingent upon their adherence to the aforementioned Conditions "a" thru "c". Motion carried. RESOLUTION NO. 6427 - A Resolution of the City Council of the City of Vernon Granting a Variance to Pacific Apparel Xpress From Section 26.4.2-8, Development Standards of the Comprehensive Zoning Ordinance, For the Property Located at 3228 50th Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6427 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by McCormick, to open the PUBLIC HEARING to consider a request from Thermador - A Masco Company for a Variance to allow the tenant to utilize twenty-one non-conforming truck docks at property located at 5119 District Boulevard, the time being 5:24 p.m. Motion carried. victor H. Vaits, Interim Director of Community Services, addressed the Council and briefly summarized this matter for them. Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1994, was presented, advising that Thermador - A Masco Company has submitted an application for a Variance from the Comprehensive Zoning Ordinance section 26.4.2-8, Development Standards, for the buildings located at 5119 District Boulevard, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The buildings have three conforming truck loading spaces and twenty-one non-conforming spaces. All of the non-conforming spaces are 10 feet wide with eighteen spaces being 51 feet long and three spaces being 50.5 long. The company is proposing to use only vehicles of a smaller length at some of these docks, and to construct six conforming truck loading spaces within the next year. Until these docks are constructed, they intend to discon- nect the tractors from the trailers so that they do not extend into the street right-of-way. This has been reviewed by the Interim Director of Community Services, and it is hereby recom- mended that the Variance be granted contingent upon the following Conditions: a. The usage of the truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of- way as shown on the Master Plan of Streets dated June 16, 1992; b. six new truck loading spaces shall be constructed within one year and prior to any modification, applicant shall obtain all of the necessary permits from the City of Vernon; 4883: I I City Council Minutes page 6 May 3, 1994 c. Only until the new loading spaces are comp- leted, tractors shall be removed from trailers parked at the loading docks in the shipping area so that Condition "a" above is met; d. The loading docks shall be sealed at any of the truck loading spaces that are not pre- sently being used as such, and the driveways shall be removed as directed by the City of Vernon; e. In the future, at any truck loading space not used for loading purposes, the dock shall be sealed and the driveway shall be removed as directed by the City of Vernon. Communication from victor H. Vaits, Interim Director of Community Services, dated May 3, 1994, was presented, trans- mitting a revised Engineer's Report dated May 3, 1994, and advising that upon further review of the Conditions set forth on the Variance for Thermador - A Masco Company, it is hereby recom- mended that the Conditions of the Variance be changed to read as follows (Condition "e" will be deleted): a. In the receiving area, as shown on Exhibit "A", the usage of the truck loading spaces shall be limited so that no truck parked at the loading dock shall extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992, and driveways at all unused docks shall be removed as directed by the City of Vernon. b. As shown on Exhibit "A", six new truck loading spaces shall be constructed within one year and prior to any modification, Thermador - A Masco Company, shall obtain all of the necessary permits from the City of Vernon. c. The two truck loading docks not presently being used as such, as shown on Exhibit "A", shall be permanently sealed and the drive- ways shall be removed as directed by the City of Vernon. d. In the shipping area, as shown on Exhibit "A", tractors shall be removed from trailers parked at the loading docks so that no tractor extends into the street right-of- way as shown on the Master Plan of Streets dated June 16, 1992, and within one year the docks shall be permanently sealed and the driveways shall be removed as directed by the City of Vernon. The Mayor asked if there was anyone in the audience who wished to address the Council. Mr. Roger De Beau , Operations Manager, asked Council for clarification on the "Conditions" related to the receiving docks. Mr. vaits responded and answered his questions. It was moved by Gonzales, seconded by McCormick, to close the Public Hearing pertaining to the request for a Variance from Thermador - A Masco Company, the time being 5:30 p.m. Motion carried. 488t I I ,'""'!!'"" City Council Minutes page 7 May 3, 1994 It was moved by Ybarra, seconded by McCormick, that the communications from the City Clerk dated April 28, 1994 and the Interim Director of Community Services dated May 3, 1994 and all supporting documents be received and filed as evidence; and that the Variance be granted to Thermador - A Masco Company, contingent upon their adherence to the aforementioned Conditions No. "a" thru "d" in accordance with Mr. Vaits's letter dated May 3, 1994. Motion carried. RESOLUTION NO. 6426 - A Resolution of the City Council of the City of Vernon Granting a Variance to Thermador - A Masco Company From Section 26.4.2-8 Development Standards, of the Comprehensive Zoning Ordinance, For the Property Located at 5119 District Boulevard in the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6426 be approved and adopted. Motion carried. It was moved by McCormick, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Kop-Coat, Inc. for a Variance to allow the tenant to utilize six non-conforming truck docks at property located at 5431 District Boulevard, the time being 5:31 p.m. Motion carried. victor H. Vaits, Interim Director of Community Services, addressed the Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1994, was presented, advising that Kop-Coat, Inc. has submitted an application for a Variance from the Comprehen- sive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the property located at 5431 District Boulevard, and trans- mitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The buildings have six non-conforming truck loading spaces. Two spaces measure 49.3 feet long and 10 feet wide, and four spaces measure 54 feet long and 9 feet wide. The company is proposing to use only vehicles of a smaller length at these docks. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that the Variance be granted contingent upon the following Condition: 1. The usage of the truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked if anyone had any questions. There were no questions. It was moved by Gonzales, seconded by Ybarra, to close the Public Hearing pertaining to the request for a Variance from Kop-Coat, Inc., the time being 5:34 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated April 28, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Kop-Coat, Inc. contingent upon their adherence to the aforementioned Condition No.1. Motion carried. 4881 I I City Council Minutes page 8 May 3, 1994 RESOLUTION NO. 6424 - A Resolution of the City Council of the City of Vernon Granting a Variance to Kop-Coat, Inc., From section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, For the Property Located at 5431 District Boulevard in the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6424 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by McCormick, to open the PUBLIC HEARING to consider a request from World Bazaars, Inc. for a Variance to allow the tenant to utilize eight non- conforming truck docks at 3113 26th Street, the time being 5:35 p.m. Motion carried. Victor H. Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1994, was presented, advising that World Bazaars, Inc. has submitted an application for a Variance from the Compre- hensive Zoning Ordinance, Section 26.4.2-8, Development Stan- dards, for the building located at 3113 26th Street, and trans- mitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has eight non-conforming truck loading spaces. Four spaces measure 54.3 feet long and 10 feet wide, and four measure 26 feet long and 10 feet wide. The company is proposing to use only vehicles of a smaller length at these docks. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that the Variance be granted contingent upon the following Condition: 1. The usage of the truck loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked if there were any questions. There were no questions. It was moved by Ybarra, seconded by McCormick, to close the Public Hearing pertaining to the request for a Variance from World Bazaars, Inc., the time being 5:37 p.m. Motion carried. It was moved by Gonzales, seconded by McCormiCk, that the communication from the City Clerk dated April 28, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to World Bazaars, Inc. contingent upon their adherence to the aforementioned Condition No.1. Motion carried. RESOLUTION NO. 6425 - A Resolution of the City Council of the City of Vernon Granting a Variance to World Bazaars, Inc., from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, For the Property Located at 3113 26th Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6425 be approved and adopted. Motion carried. 4880 I I City Council Minutes page 9 May 3, 1994 Communication from Police Chief Louis Rosenkrantz, dated April 20, 1994, was presented, requesting authority and funds to attend the Los Angeles County Police Chiefs' Executive Seminar in Palm Springs, June 6-8, 1994, with an expense allow- ance of $469.59 of which $245.04 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Chief Louis Rosenkrantz to attend the aforementioned seminar with an expense allowance of $469.59. Motion carried. Communication from victor H. Vaits, Interim Director of Community Services, dated April 28, 1994, was presented, transmitting results of bids, listed below, received and opened April 26, 1994 in accordance with Contract No. 520, Resurfacing of Certain Streets: Shawnan corporation Sully-Miller Contracting Co. Boral Resources, Inc. Excel Paving Company Silvia Construction, Inc. $293,630.80 313,202.97 315,968.80 329,326.65 333,051. 95 The bids have been reviewed, and it is hereby recommended that the Bid be awarded to Shawnan Corporation, 12240 Woodruff Avenue, Downey, California 90241. It was moved by McCormick, seconded by Gonzales, that the communication from the Interim Director of Community Services dated April 28, 1994 be received and filed, and that his recom- mendation be approved. Motion carried. RESOLUTION NO. 6422 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Shawnan Corporation for Resurfacing of certain Streets in Accordance with Contract No. 520 of the City of Vernon and Approving the Execu- tion of Said Contract, was presented. It was moved by Ybarra, seconded by Mccormick, that Resolution No. 6422 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated April 28, 1994, was presented, transmitting results of bids received and opened April 20, 1994, listed below, in accordance with Bid No. 1335 for one 1500 kVA Padmount Transformer: Vendor Equivalent Annual Operatinq Costs Bid 1. ABB c/O WESCO 2. Howard Industries 3. Cooper c/o UPSCO 4. G.E. c/o GE E.S.C.O. 5. Pauwels Transformer $15,236.18 18,674.21 19,534.80 18,417.66 15,951. 72 $4,772.02 4,890.73 5,274.91 5,163.48 4,791.82 The bids have been reviewed by the Director of Light and Power and based on the Equivalent Annual Operating Cost formula (copy attached) which results in the lowest annual ownership cost, it is hereby recommended that Bid Number 1335 be accepted and authority granted to award a Purchase Order to ABB c/o WESCO for one 1500 kVA Padmount Transformer in the amount of $15,236.19. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated April 28, 1994 be received and filed, and that Bid Number 1335 be accepted and a Purchase Order issued to ABB c/o WESCO for one 1500 KVA Padmount Transformer in the amount of $15,236.19. Motion carried. 4879 I I City Council Minutes page 10 May 3, 1994 Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 28, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held May 2, 1994, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Ybarra, that the recommendations contained in the Agenda for the Personnel Committee Meeting held May 2, 1994, be approved. Motion carried. WARRANT REGISTER NO. 887 covering claims and demands presented during the period of April 23 thru April 28, 1994, drawn on the First Interstate Bank totaling $78,060.17, which includes Demand Nos. 46644 thru 46728 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period May, 1994) was examined and audited: 46644 46645 46646 46647 46648 46650 46672 46673 46674 46675 46676 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 887 be approved and payment authorized for claims and demands totaling $78,060.17, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 887 covering claims and demands presented during the period of April 23 thru April 28, 1994, drawn on the First Interstate Bank totaling $598,741.82, which includes Light and Power Demand Nos. as listed below (accounting period May, 1994) was examined and audited: 46654 46655 46656 46657 46658 46663 46665 46677 46680 46686 46694 46697 46700 46703 46714 46718 46719 46720 46721 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 887 be approved and payment authorized for claims and demands totaling $598,741.82. 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. Motion carried. Consideration of reappointment of three members to serve as Directors on the Redevelopment Agency. David B. Brearley, City Attorney, advised the City Council that it is not necessary to take action on this matter or that of the reappointment of members to the Industrial Develop- ment Authority as the By-Laws of both the Redevelopment Agency and the Industrial Development Authority provide for the Council- members to automatically become members of the Agency and the Authority when elected and/or appointed as members of Council. Consideration of reappointment of three members to serve as Directors on the Industrial Development Authority. It was moved by McCormick, seconded by Ybarra, that based on the information provided by Mr. Brearley, the afore- mentioned two matters be removed from the agenda. Motion car- ried. Consideration of the City's participation in the Southeast Community Development Corporation and selection of a representative from the City Council to serve on the Board of Directors. (Deferred from the City Council meeting held April 26, 1994.) Bruce V. Malkenhorst, City Clerk, addressed the city Council briefly on this matter. 4878 I I City Council Minutes page 11 May 3, 1994 David B. Brearley, City Attorney, also addressed the City Council briefly on this matter. It was moved by Gonzales, seconded by Ybarra, to approve the concept of the Southeast Community Development Corporation and the City's participation in same. Motion car- ried. It was moved by Ybarra, seconded by Mccormick, that Hilario Gonzales and Bruce V. Malkenhorst be appointed as Member and Alternate Member, respectively, of the Board of Directors of the Non-profit Southeast Community Development Corporation. Motion carried. Consideration of the City entering into an Enterprise Community Agreement with the Southeast Enterprise Community Coalition which is comprised of the cities of Bell, Bell Gardens, Cudahy, Huntington Park, Maywood and Vernon. Bruce V. Malkenhorst, City Clerk, addressed the City Council on this matter. David B. Brearley, City Attorney, addressed the City Council on this matter. It was moved by Ybarra, seconded by McCormick, that the matter of the City entering into an Enterprise Community Agreement with the Southeast Enterprise Community Coalition be approved contingent upon the City Attorney's final approval of the agreement and that Hilario Conzales and Bruce V. Malkenhorst be appointed as member and alternate member, respectively, on the Governing Board. Motion carried. The Mayor called a recess at 5:54 p.m. The Council reconvened at 5:59 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session to confer with legal counsel on Item No. 1 listed below, the time being 5:59 p.m. Motion carried. 1. with respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) SoCalGas v. Vernon, LASC No. BS 017468; (b) CPUC Docket No. A.91-03-039 (SoCaIGas); All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, and the Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. At 6 p.m., Mayor Malburg excused himself and Mayor Pro Tem Ybarra assumed the chair of the meeting. Mayor Malburg returned at 6:03 p.m. and assumed the chair. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:03 p.m. Motion carried. 4877 I I city Council Minutes page 12 May 3, 1994 There being no further business to come before the committee at this time, it was moved by McCormick, seconded by McCormick, that the meeting adjourn. Motion carried. ATTEST: /C /~~ Bruce V. Malkenhorst . City Clerk ~~' . < laonis C. Mal rg Mayor 487,~