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19950207 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 7, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, MCCormiCk, Davis, Gonzales MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Gonzales, seconded by Ybarra, that the Minutes of the City Council Meeting held January 17, 1995, be approved as submitted and adopted. Motion carried. Mayor Malburg presented Service pins to the following employees and extended congratulations on behalf of the entire City Council: Gary Dressen, Fire Captain - 30 Years Ray Shelton, Fire Captain - 30 Years John Bicknell, Fire Engineer - 30 Years James Smith, Battalion Chief - 25 Years Dan Simon, Fire Captain - 25 Years Larry Weaver, Fire Captain - 25 Years silas Williams, Diesel Operator - 5 Years Joan Francone, Risk Mgr./Personnel Asst. - 5 Years The following employees were unable to attend the meeting and their Service Pins were accepted by their respective department head: Larry Burdett, Battalion Chief - 30 Years Randy Bohlander, Fire Engineer - 25 Years Jerry Winegar, Police Officer - 5 Years Michael Ogawa, Police Officer - 5 Years Police Department Activity Log for the period January 16 thru 31, 1995, was presented. It was moved by MCCormiCk, seconded by Davis, that the Police Department Activity Log for the period January 16 thru 31, 1995, be received and filed. Motion carried. Fire Department Activity Report for the periOd January 16 thru 31, 1995, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period January 16 thru 31, 1995, be received and filed. Motion carried. The City Clerk announced 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. 5126 I I City Council Minutes page 2 February 7, 1995 PUBLIC HEARING to consider a request from Champion International Corporation for a Variance to allow the tenant to utilize fifteen non-conforming truck loading spaces at property located at 3100 44th street. (CONTINUED FROM THE CITY COUNCIL MEETING HELD JANUARY 17, 1995.) It was moved by Gonzales, seconded by Ybarra, that the Variance request from Champion International Corporation be referred to the Police Department for further review, and that the Public Hearing be continued to the next City Council Meeting to be held February 21, 1995. Motion carried. PUBLIC HEARING to consider a request from Daniel C. Fessenden Company d.b.a. California Warehouse Company for a Variance to allow the tenant to utilize forty non-conforming truck loading spaces at 4455 Fruitland Avenue. (CONTINUED FROM THE CITY COUNCIL MEETING HELD JANUARY 17, 1995.) It was moved by Gonzales, seconded by McCormick, that the Variance request from Daniel C. Fessenden Company d.b.a. California Warehouse Company be referred to the Police Department for further review, and that the Public Hearing be continued to the next City Council Meeting to be held February 21, 1995. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from Christine H. Thornton for a Variance to allow the tenant to utilize one non- conforming truck loading space for the building at 4754-4770 49th street, Vernon, the time being 5:24 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated February 2, 1995, was presented, advising that Christine H. Thornton has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4754-4770 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 conforming truck loading space and one non- conforming space that is 12 feet wide and 26.7 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming space. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted subject to the following Conditions: 1. The usage of the non-conforming truck loading space shall be limited so that any truck parked at the loading dock does not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. 2. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. The Mayor asked if there were any questions of Mr. Wilson or if anyone in the audience had any questions. There were no questions. 5125 I I City Council Minutes page 3 February 7, 1995 It was moved by Gonzales, seconded by Davis, to close the Public Hearing regarding the Variance request from Christine H. Thornton, the time being 5:27 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated February 2, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to Christine H. Thornton contingent upon her adherence to the aforementioned Conditions 1 and 2. Motion carried. RESOLUTION NO. 6578 - A Resolution of the City Council of the City of Vernon Granting a Variance to Christine H. Thornton from Section 26.4.2-8, Development standards, of the Comprehensive Zoning Ordinance, For the Property Located at 4754- 4770 49th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6578 be approved and adopted. Motion carried. It was moved by Davis, seconded by McCormick, to open the PUBLIC HEARING to consider a request from Mt. Vernon South Street, Inc. for a Variance to allow the tenant to utilize eight non-conforming truck loading spaces at 4355 Fruitland Avenue, the time being 5:28 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated February 2, 1995, was presented, advising that Mt. Vernon South Street, Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4355 Fruitland Avenue, 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 two conforming truck loading spaces and eight non-conforming truck loading spaces measuring 9 feet wide and 29.7 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming truck loading spaces. This has been reviewed by the Acting Director of Community Services and it is hereby recommended that the Variance be . granted subject to the following Conditions: 1. The usage of the non-conforming truck loading space shall be limited so that any truck parked at the loading dock does not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. 2. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. The Mayor asked if there were any questions of Mr. Wilson or if anyone in the audience had any comments or questions. Amy Price, representing Emco Lighting, addressed the Council asking for their consideration in granting the Variance. David B. Brearley, City Attorney, asked Mr. Wilson if this Variance was subject to the condition that they will use only smaller size trucks and will not be allowed to park or encroach on the sidewalk. 5124 I I City Council Minutes page 4 February 7, 1995 Mr. Wilson stated yes, that was correct. It was moved by MCCormick, seconded by Ybarra, to close the Public Hearing regarding the Variance request from Mt. Vernon South Street, Inc., the time being 5:30 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated February 2, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to Mt. Vernon South Street, Inc. contingent upon their adherence to the aforementioned Conditions No. 1 and 2. Motion carried. RESOLUTION NO. 6580 - A Resolution of the City Council of the City of Vernon Granting a Variance to Mt. Vernon South Street, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property located at 4355 Fruitland Avenue in the City of Vernon, was presented. It was moved by Ybarra, seconded by MCCormick, that Resolution No. 6580 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by MCCormick, to open the PUBLIC HEARING to consider a request from Leo Goldschwartz Transportation for a Variance to allow the tenant to utilize one non-conforming truck loading space at 4609 Hampton Street, the time being 5:31 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council to summarize this matter and also provided photographs of the area. Communication from Bruce V. Malkenhorst, City Clerk, dated February 2, 1995, was presented, advising that Leo Goldschwartz Transportation has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Sections 26.4.2-7, Minimum Truck Parking and Loading Facility Requirements, and 26.4.2-8, Development Standards, for the building located at 4609 Hampton 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 that is 10 feet wide and 37.9 feet long. The company advises that they cannot restrict the usage of the loading space to vehicles of a shorter length, and they do not intend to recess the dock. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be denied. The Mayor asked if anyone had any questions of Mr. Wilson or if anyone wished to address the City Council. Ellen Orlando, owner of the building, addressed the City Council and advised that Goldschwartz Transportation had been her tenant since the early 1980's, and that she was the original owner of the building and had been since 1960. She added that due to the size of the building and the lot, they are unable to put in docks as the City is recommending; the longest trailer is 48 feet without the tractor and it only goes into the street a few feet. She said that since there is no heayy street or pedestrian traffic and they are not hindering traffic, it is imperative that the Variance be granted to them. She further stated that all letters were sent to the tenant, Leo Goldschwartz, not to the owners. ~ 5123 I I City Council Minutes page 5 February 7, 1995 Mr. Wilson advised that Leo Goldschwartz applied for the permit so that is why communications were sent only to him. Councilman Gonzales suggested that the City Attorney could advise Ms. Orlando why there are restrictions for vehicular parking extending across a sidewalk area. David B. Brearley, City Attorney, advised that the Vernon City Code requires that vehicles not extend into the street right-of-way, and that this is in accordance with certain restrictions of the California Vehicle Code. Ms. Orlando said that she also brought photos of 4609 Hampton which she feels show locations in the area that are violating this restriction of parking on the sidewalk. She also asked questions about the property being "grandfathered" since her building was built in 1947. Ms. Orlando had no further comments. It was moved by Ybarra, seconded by Davis, the Public Hearing regarding the Variance request from Goldschwartz Transportation, the time being 5:50 p.m. carried. to close Leo Motion It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated February 2, 1995 and all supporting documents be received and filed as evidence, and that the Variance be denied. Motion carried. RESOLUTION NO. 6579 - A Resolution of the City Council of the City of Vernon Denying a Variance to Leo Goldschwartz Transportation From Sections 26.4.2-7 and 26.4.2-8 of the Comprehensive Zoning Ordinance, For the Property Located at 4609 Hampton Street in the City of Vernon, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6579 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 11, 1995, was presented, requesting authority and funds for Officers Dan O'Neil and Scott Shonts to attend the Legal Update Course at California State University Long Beach, March 8-10, 1995, with an expense allowance of $328 each of which $304 each will be reimbursed by POST. It was moved by McCormick, seconded by Ybarra, that authority be granted for Officers Dan O'Neil and Scott Shonts to attend the aforementioned course with an expense allowance of $328 each. Motion carried. Communication from Fire Chief Dave Telford, dated January 17, 1995, was presented, requesting authority and funds for the below listed Fire Department personnel to attend Module 1 of "The Complete Fire Officer Workshop" in Santa Fe Springs on February 14, 1995 with an allowance of $65 each for registration: Battalion Chief James Smith Fire Captain Michael Wilson Fire Captain Dan Simon Acting Fire Captain Brad Miller It was moved by Gonzales, seconded by Davis, that authority be granted for the above listed Fire Department Personnel to attend the aforementioned workshop with an allowance of $65 each for the registration fee. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 26, 1995, was presented, requesting authority and funds for Office Manager Martha Valenzuela to attend the Management Skills for New Supervisors Seminar in Pasadena on March 31, 1995, with an expense allowance of $106.50. 5122 I I City Council Minutes page 6 February 7, 1995 It was moved by Ybarra, seconded by McCormick, that authority be granted for Martha Valenzuela to attend the afore- mentioned seminar with an expense allowance of $106.50. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated January 26, 1995, was presented, transmitting a fully executed Grant Deed from Bun-Pin Chua Partners for a portion of property (approximately 1,771 square feet) at the southwest corner of Alcoa Avenue and 50th street and a five foot strip along 50th Street. This has been reviewed by the City Attorney, and it is hereby recommended 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 Acting Director of Community Services dated January 26, 1995 be received and filed, the Grant Deed from Bun-pin Chua Partners be accepted, and to approve and execute the Certificate of Acceptance. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 31, 1995, was presented, transmitting results, as listed below, of bids received and opened January 25, 1995 in accordance with Bid No. 1342, Reroofing Portion of Vernon Power Plant: J. Cab and Sons Roofing Nelson Roofing Bryant Universal Roofing Southern California Roofing Rey-Crest Roofing $ 56,097 75,777 79,600 80,055 83,265 The bids have been referred to the Acting Director of Community Services for review. Kevin Wilson, Acting Director of Community Services, advised the City Council that J. Cab and Sons Roofing withdrew their bid. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated January 31, 1995 regarding Bid No. 1342 be received and filed. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated January 31, 1995, was presented, advising that Adkan Engineers has submitted final Parcel Map No. 22827 on behalf of M.A.B. Partners subdividing a portion of land located on the south side of 52nd Street between Alameda Street and Santa Fe Avenue, and transmitting the following documents: 1. Final Parcel Map No. 22827; 2. Los Angeles County Public Works Acceptance Letter; 3. Excerpts from the State Subdivision Map Act They are proposing to split the existing parcels into four lots, and City Council previously approved the Tentative Parcel Map. M.A.B. Partners has completed all of the required Conditions as part of the Tentative Parcel Map approval, which included the following: 1. Deeding of property for the widening of 52nd street. 2. Construction of frontage improvements. 3. Demolishing of the older structures and the replacement of fire hydrants. 5121 I I City Council Minutes page 7 February 7, 1995 It is the op1n1on of the Acting Director of Community Services that the Parcel Map will pose no adverse effects. The project is consistent with the Vernon General Plan as adopted by the City of Vernon, the State SUbdivision Map Act, and is exempt from the State of California Environmental Quality Act. This has been reviewed by the City Attorney and it is hereby recommended that Parcel Map No. 22827 be approved. It was moved by Davis, seconded by Ybarra, that the communication from the Acting Director of Community Services dated January 31, 1995 and all supporting documents be received and filed as evidence, and that Parcel Map No. 22827 be approved. Motion carried. Communication from Fire Chief Dave Telford, dated February 1, 1995, was presented, requesting authority and funds to attend the California Fire Chiefs' Association Fire Prevention Officers' 5th Annual Workshop in San Luis Obispo, March 13-17, 1995, with an expense allowance of $767.50. It was moved by Ybarra, seconded by McCormick, that authority be granted for Fire Chief Dave Telford to attend the aforementioned workshop with an expense allowance of $767.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 1, 1995, was presented, transmitting the following documents: 1. Letter requesting Variance from M.A.B. Partners 2. Engineer's Report dated January 30, 1995 M.A.B. Partners owns the property at 2250 and 2300 52nd Street, and recently constructed two buildings on the parcel that are currently occupied by their business, L.A. Dye & Print Works, Inc. M.A.B. Partners is proposing to subdivide the property and create a lot line between the two contiguous buildings, and they will need direct access between the two buildings. The buildings currently have two roll up doors and several penetrations in the walls for industrial water, steam, condensate and compressed air lines. The creation of the lot line will require a Variance from the 1991 Edition of the Uniform Building Code, Table NO.5-a: Wall and Opening Protection of Occupancies Based on Location on Property. The code states that openings in the exterior wall are not allowed within five feet of the property line. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the Con- ditions listed below. If the Variance is granted no additional hazards will be introduced. 1. A three-hour fire rated door assembly shall be provided at each opening in the property line wall. The door shall have fusible links on both sides. 2. All voids created in the wall by penetrations for utility lines shall be filled with an approved sealant. 3. Upon any change in occupancy, ownership, or use, all openings and penetrations shall be permanently sealed. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated February 1, 1995 and all supporting documents be received and filed as evidence, and that a Variance from the 1991 Edition of the Uniform Building Code, Table No. 5-a be granted to M.A.B. Partners for the prop- erty at 2250 and 2300 52nd Street contingent upon their adherence to the aforementioned Conditions No. 1 thru 3. Motion carried. 5120 I I City Council Minutes page 8 February 7, 1995 Communication from Bruce V. Malkenhorst, City Clerk, dated February 1, 1995 was presented, transmitting the following documents: 1. Letter requesting Variance from M.A.B. Partners 2. Engineer's Report dated January 30, 1995 M.A.B. Partners owns the property at 2200 and 2226 52nd street, and recently constructed two buildings on this parcel which are currently occupied by their business, LA. Dye & Print Works, Inc. M.A.B. Partners is proposing to subdivide the property and create a lot line between the two contiguous buildings, and they will need direct access between the two buildings. The buildings currently have two roll up doors giving access between the two structures. The creation of the lot line will require a Variance from the 1991 Edition of the Uniform Building Code, Table No. 5-a: Wall and Opening Protection of Occupancies Based on Location on Property. The code states that openings in the exterior wall are not allowed within five feet of the property line. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the Conditions listed below. If the Variance is granted no additional hazards will be introduced. 1. A three-hour fire rated door assembly shall be provided at each opening in the property line wall. The door shall have fusible links on both sides. 2. Upon any change in occupancy, ownership, or use, all openings and penetrations shall be permanently sealed. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated February 1, 1995 and all supporting documents be received and filed as evidence, and that a Variance from the 1991 Edition of the Uniform Building Code, Table No. 5-a be granted to M.A.B. Partners for the property at 2200 and 2226 52nd Street contingent upon their adherence to the aforementioned Conditions 1 and 2. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated January 31, 1995, was presented, transmitting a fully executed Grant Deed for street purposes from Pan Metal Corporation for portions of property (approximately 0.54 acres) at the southeast corner of Alameda and 48th streets; the northeast corner of Alameda and 49th Street; a 10 foot strip along Alameda Avenue; a 7.18 foot strip along 48th Street; and a 10 foot strip along 49th Street. It is hereby recommended 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 Acting Director of Community Services dated January 31, 1995 be received and filed, the Grant Deed from Pan Metal Corporation be accepted, and to approve and execute the Certificate of Acceptance. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 2, 1995, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held February 6, 1995, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held February 6, 1995 be approved. Motion carried. 5118 I I City Council Minutes page 9 February 7, 1995 RESOLUTION NO. 6582 - A Resolution of the City Council of the City of Vernon Commending Loren Dome for His Many Years of Service to the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6582 be approved and adopted. Motion carried. WARRANT REGISTER NO. 907 covering claims and demands presented during the period of January 13 thru February 2, 1995, drawn on the First Interstate Bank totaling $397,542.61, which includes Demand Nos. 50154 thru 50450 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period February, 1995) was examined and audited: 50171 50193 50246 50247 50248 50329 50389 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 907 be approved and payment authorized for claims and demands totaling $397,542.61, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 907 covering claims and demands presented during the period of January 13 thru February 2, 1995, drawn on the First Interstate Bank totaling $4,261,517.01, which includes Light and Power Demand Nos. as listed below (accounting period February, 1995) was examined and audited: 50159 50182 50216 50228 50284 50341 50403 50441 50165 50183 50218 50233 50287 50349 50408 50444 50167 50184 50219 50243 50298 50352 50416 50173 50196 50220 50252 50302 50355 50419 50174 50197 50221 50258 50327 50376 50420 50179 50205 50222 50263 50330 50380 50421 50180 50207 50224 50275 50334 50388 50432 50181 50209 50227 50277 50340 50390 50438 It was moved by MCCormick, seconded by Ybarra, that Warrant Register No. 907 be approved and payment authorized for claims and demands totaling $4,261,517.01. 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. Communication from Bruce V. Malkenhorst, City clerk, dated February 2, 1995, was presented, regarding a CBMWD Hearing to be held on February 27, 1995 to consider the imposition of a stand-by charge for a parcel tax on all property located within the district and recommending that authority be granted to prepare and distribute an informational letter to property owners within the district regarding the relationship to the reclaimed water program. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated February 2, 1995 be received and filed, and authority granted for the preparation and distribution of an informational letter to property owners within CBMWD regarding the reclaimed water program. Motion carried. Mayor Malburg abstained from voting on this matter. RESOLUTION NO. 6584 - A Resolution of the City Council of the City of Vernon Authorizing the City Administrator to Cause to be Prepared and Mailed or Otherwise Distributed Letters to Residents and Electors in the Central Basin Municipal Water District Providing Information and Suggesting Action Regarding the District's Proposed Standby Charge to be Imposed by the District on February 27, 1995, was presented. 5118 I I City Council Minutes page 10 February 7, 1995 It was moved by Davis, seconded by McCormick, that Resolution No. 6584 be approved and adopted. Motion carried. Mayor Malburg abstained from voting on this matter. Communication from Bruce V. Malkenhorst, City Clerk dated February 2, 1995, was presented, advising that in accordance with previous City Council approval, litigation in the matter of City of Vernon. et ale v. city of Los Angeles. et al, LASC BS 032326 was filed in Superior Court of the County of Los Angeles on January 30, 1995. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated February 2, 1995 be received and filed. Motion carried. RESOLUTION NO. 6585 - A Resolution of the City Council of the City of Vernon Acknowledging the Authorization of the Execution of the Agreement to Form Association and to Conduct Litigation Respecting the Alameda Corridor Project on January 17, 1995, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6585 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 2, 1995, was presented, advising that City Council previously approved litigation, and at this time, you are advised that the City of Vernon v. Central Basin Municipal Water District was filed on January 31, 1995 in the superior Court of the County of Los Angeles. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated February 2, 1995 be received and filed. Motion carried. The Mayor called a recess at 6:14 p.m. The Council reconvened in regular session at 6:23 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 to confer on Item No. 1a listed below, the time being 6:23 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, and Chief of Police. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. 1. with respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. PUBLIC EMPLOYEE APPOINTMENT Title: Title: Associate Power Engineer Director of Community Services The Chief of Police was excused from Closed Session at 6:28 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:29 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Items No.2, 3, and 4, listed below, the time being 6:30 p.m. Motion carried. 5117 I I City Council Minutes page 11 February 7, 1995 All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney and Chief Deputy City Clerk. 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-EXISTING LITIGATION Name of Cases: (a) Central Basin Municipal Water District v. city of Vernon, LASC No. BS 028717; (b) City of Vernon v. Central Basin Municipal Water District ,LASC No. BC 121124; (c) city of Vernon. et ale vs. city of Los Angeles. et al., LASC No. BS 032326 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54956.95. LIABILITY CLAIMS Claimant: Maria Pasqualetto d.b.a. California Imports City claimed against: City of Vernon Claimant: Herlindo Lara City claimed against: City of Vernon Claimant: L.A. Dye & Print Works City claimed against: City of Vernon 4. with respect to every item of business to be discussed in Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation: One (1) potential case. It was moved by Gonzales, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:43 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, to approve discipline for the Police Officer as submitted by the City Administrator. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the claim of Maria Pasqualetto d.b.a. California Imports be denied. Motion carried. It was moved by Gonzales, seconded by Davis, to accept the "Release of all Claims" executed by L.A. Dye & Print Works, and to settle the claim in the amount of $565. Motion carried. It was moved by Ybarra, seconded by McCormick, to ratify the City'S participation in FERC Docket No.'EL95-16. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. 5116 I I City Council Minutes page 12 February 7, 1995 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: ~ /' I/I~.// /p' /' / ./ //~ ,/ '7~ ~ Bruce V. Malkenhorst City Clerk / ~~2 "L~onis C. Mal rg . ayor " . .<:.~.\ \ 511!