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19950328 Regular City Council Meeting - Minutes II I MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 28, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Davis, Gonzales, McCormick MEMBERS ABSENT: Malburg (excused) Ybarra. The meeting was called to order by Mayor Pro Tern It was moved by McCormick, seconded by Davis, that the Minutes of the City Council Meeting held March 7, 1995, be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 15, 1995, was presented, advising that the below listed employees have qualified in the month of February for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Date of Hire Employee Award 07/07/73 08/14/89 04/01/84 03/02/81 Don Green, Police Lieutenant Ruben Herrera, Utilityman Pilar Arguello, Utilityman Gloria Orosco, Chief Deputy City Clerk 2 Year 3 Year 5 Year 10 Year The Mayor Pro Tem presented the aforementioned employees with their awards and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their awards were accepted by Battalion Chief Richard Wiles on behalf of Fire Chief Dave Telford. 09/18/89 10/24/88 02/26/90 01/01/67 Michael Roche, Firefighter Pete Torres. Firefighter John Doersam, Firefighter Dave Telford, Fire Chief 2 Year 3 Year 5 Year 9 Year The Mayor Pro Tern called a recess at 5:08 p.m. The Council reconvened in regular session at 5:09 p.m., all members present before the recess again being present. Police Department Activity Log for the period March 1 thru 15, 1995, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period March 1 thru 15, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period March 1 thru 15, 1995, was presented. It was moved by Davis, seconded by McCormick, that the Fire Department Activity Report for the period March 1 thru 15, 1995, be received and filed. Motion carried. Health Department Report for the month of February, 1995, was presented. 5163 II I city Council Minutes page 2 March 28, 1995 It was moved by Gonzales, seconded by Davis, that the Health Department Report for the month of February, 1995, be received and filed. Motion carried. Risk Management Report for the month of February, 1995, was presented. It was moved by McCormick, seconded by Gonzales, that the Risk Management Report for the month of February 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. There was no one in the audience who wished to address the Council at this time. It was moved by Gonzales, seconded by Davis, to open the PUBLIC HEARING (Continued from the City Council Meeting held March 7, 1995) to consider a request from K & G Enterprises for a Variance to allow the tenant to utilize fifteen non-conforming truck loading spaces at 2443 27th Street, the time being 5:10 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter and a letter received this date from Marjorie Blatt, of Blatt Realty Company, regarding the Variance request of K & G Enterprises. Communication from Bruce V. Malkenhorst, City Cler~ dated March 23, 1995, was presented, advising that staff of the Department of Community Services has further reviewed the Variance request from K & G Enterprises and supports their original recommendation to grant the request. Communication from Bruce V. Malkenhorst, City Clerk, dated March 2, 1995, was presented, advising that K & G Enterprises has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 2443 27th 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 fifteen non-conforming spaces; fourteen spaces are 9 feet wide and 41 feet long, and one space is 10 feet wide and 49.5 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 spaces shall be limited so that any truck parked at the loading docks does not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. 2. All existing and future tenants shall be notified of this restriction and a condition stating this shall be placed in all future leases. 51-62 . . , II I City Council Minutes page 3 March 28, 1995 Mr. request of Mrs. recommending at on the Variance Wilson advised the City Council that based on the Blatt and further review of the matter, he is this time that an additional Condition be placed as follows: 3. No vehicles entering subject site shall use any private neighboring property for maneuvering. The Mayor Pro Tern asked if anyone had any questions. There were no questions. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the Variance request by K & G Enterprises, the time being 5:16 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the following communications and supporting documents be received and filed as evidence, and that the Variance be granted to K & G Enterprises contingent upon their adherence to the aforementioned Conditions 1, 2, and 3 (submitted during the meeting). Motion carried. 1. Letter from Marjorie Blatt dated March 28, 1995. 2. Letter from the City Clerk dated March 23, 1995. 3. Letter from the City Clerk dated March 2, 1995. RESOLUTION NO. 6591 - A Resolution of the City Council of the City of Vernon Granting a Variance to K & G Enterprises From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance for the Property Located at 2443 27th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6591 be approved and adopted. Motion carried. It was moved by Davis, seconded by McCormick, to open the PUBLIC HEARING to consider a request from Trith Dadlani/ Toykidz, Inc. for a Variance to allow the tenant to utilize two non-conforming truck loading spaces at property located at 4225 Charter Street, the time being 5:18 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 March 15, 1995, was presented, advising that Trith Dadlani/Toykidz, 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 4225 Charter 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 three conforming truck loading spaces and two non-conforming truck loading spaces that are 10 feet wide and 53.2 feet long. The company is proposing to use only vehicles of a smaller length at the non-conforming 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: 5161 II I City Council Minutes page 4 March 28, 1995 1. The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at the loading docks does not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992; 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 Pro Tern asked if there were any questions. There were no questions. It was moved by Gonzales, seconded by McCormick, to close the Public Hearing regarding the Variance request from Trith DadlanijToykidz, Inc., the time being 5:19 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated March 15, 1995 and all supporting documents be received and filed, and that the Variance be granted to Trith DadlanijToykidz, Inc. contingent upon their adherence to the aforementioned Conditions 1 and 2. Motion carried. RESOLUTION NO. 6598 - A Resolution of the City Council of the City of Vernon Granting a Variance to Trith DadlanijToykidz, Inc. from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property located at 4225 Charter Street in the City of Vernon, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6598 be approved and adopted. Motion carried. It was moved by Davis, seconded by McCormick, to open the PUBLIC BEARING to consider a request from Lawrence A. Hanson, Jr. for a Variance to allow the tenant to utilize three non- conforming truck loading spaces at 4220-4230 Charter Street, the time being 5:20 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly discussed this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated March 15, 1995, was presented, advising that Lawrence A. Hanson, Jr. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-8, Development Standards, for the building located at 4220-4230 Charter 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 three non-conforming truck loading spaces; one of the non-conforming spaces is 12 feet wide and 60.3 feet long, and two are 9 feet wide and 48 feet long. Mr. Hanson is proposing to use only vehicles of a smaller length at the non-conforming 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: 5t~D II I City Council Minutes page 5 March 28, 1995 1. The usage of the non-conforming truck loading spaces shall be limited so that any truck parked at the loading docks does not extend into the street right-of-way as shown on the Master Plan of streets dated June 16, 1992. 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 Pro Tern asked if there were any questions from the City Council. There were no questions. It was moved by Davis, seconded by McCormick, to close the Public Hearing regarding the Variance request from Lawrence A. Hanson, Jr., the time being 5:22 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated March 15, 1995 and all supporting documents be received and filed as evidence, and that the Variance be granted to Lawrence A. Hanson, Jr. contingent upon his adherence to the aforementioned Conditions 1 and 2. Motion carried. RESOLUTION NO. 6597 - A Resolution of the City Council of the City of Vernon Granting a Variance to Lawrence A. Hanson, Jr. From Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for the Property Located at 4220- 4230 Charter Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6597 be approved and adopted. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated March 6, 1995, was presented, requesting authority and funds for Environmental Specialist Timothy Blank to attend the California Water Resources Control Board Underground Storage Tank Conference in Santa Clara, April 11-13, 1995, with an expense allowance of $462. It was moved by Davis, seconded by Gonzales, that authority be granted for Timothy Blank to attend the afore- mentioned conference with an expense allowance of $462. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated March 6, 1995, was presented, requesting authority and funds to attend a course entitled "Risk Assessment Issues in Toxics" in Santa Barbara, March 30-31, 1995, with an expense allowance of $239. It was moved by McCormick, seconded by Gonzales, that authority be granted for Lewis Pozzebon to attend the afore- mentioned course with an expense allowance of $239. Motion carried. Communication from Kenneth DeDario, Director of Light and Power, dated March 9, 1995, was presented, requesting authority and funds for Ali Nourmohamadian, Electrical Engineering Associate, to attend the General Orders 95/128 Rules Committee General Meeting in Palm Springs, April 25-27, 1995, with an expense allowance of $344.04. 51$~ II I City Council Minutes page 6 March 28, 1995 It was moved by Davis, seconded by Gonzales, that authority be granted for Ali Nourmohamadian to attend the afore- mentioned meeting with an expense allowance of $344.04. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated March 9, 1995, was presented, advising that the bids have been reviewed in accordance with Contract No. 525, Traffic Signal Modernization-Emergency Vehicle Preemption, and recommending that the contract be awarded to C.T. & F. Inc., 7228 Scout Avenue, Bell Gardens, California 90201, on the basis of their bid of $72,368. It was moved by McCormick, seconded by Davis, that the communication from the Acting Director of Community Services be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6596 - A Resolution of the City Council of the City of Vernon Accepting the Bid of C. T. & F., Inc. for Traffic Signal Modernization-Emergency Vehicle Preemption in Accordance with Contract No. 525 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6596 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 15, 1995, was presented, advising that Jui Hsia Chiang owner of a parcel of land at 4790 Alameda street and Jensen Industries, owner of a parcel at 1946 46th Street, have requested an adjustment of the boundary line between the parcels. This will result in a portion of land between transferred from the Jensen Industries parcel to the Jui Hsia Chiang parcel. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that the Lot Line Adjustment be approved. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated March 15, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6595 - A Resolution of the City Council of the City of Vernon Approving a Lot Line Adjustment Requested by Jui Hsia Chiang and Jensen Industries, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6595 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 20, 1995, was presented, requesting authority and funds for himself, Mayor Pro Tern Thomas Ybarra, and Councilmen William Davis, Hilario Gonzales and William McCormick to attend the California Contract Cities 36th Annual Seminar in Palm Springs, May 17-20, 1995, with an expense allowance of $1,210 each. It was moved by McCormick, seconded by Davis, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $1,210 each. Motion carried. 5158 II I City Council Minutes page 7 March 28, 1995 Communication from Police Chief Louis Rosenkrantz, dated March 20, 1995, was presented, requesting authority and funds for Dispatcher Jerry Chavez to attend the Peace Officer Standards and Training Dispatcher Course at Golden West College, April 17-May 5, 1995, with an expense allowance of $438.50 of which $354 will be reimbursed by POST. It was moved by Gonzales, seconded by Davis, that authority be granted for Jerry Chavez to attend the afore- mentioned course with an expense allowance of $438.50. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 21, 1995, was presented, transmitting a list of boxed records that were in storage in the basement. The inspection of said records and boxing was prepared by staff of the Community Services Department, the City Clerk's Department, and the Finance and Purchasing Departments. In accordance with the retention schedule as previously approved by City Council, it is hereby recommended that authority be granted to destroy said documents as listed (Boxes No.1 thru 150). It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated March 21, 1995, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6602 - A Resolution of the City Council of the City of Vernon Authorizing the Destruction of Certain City Records, Documents, Instructions, Books, and Papers, Pursuant to Government Code Section 34090, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6602 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 22, 1995, was presented, transmitting the Joint Planning Agreement for the Central California-Desert Southwest Transmission Project which provides for investigation of various alternative transmission projects that would increase the transmission capabilities from the central California area. The overall cost for this joint planning work is capped at $20,000. Vernon's estimated pro rata share is estimated between $2,000 and $10,000, depending on the number of signatories. This has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that said Agreement be approved and executed. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated March 22, 1995 be received and filed, and that his recommendation be approved. 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. RESOLUTION NO. 6601 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of the Joint Planning Agreement for the Central California-Desert Southwest Transmission Project Among TANC, APS, CDWR, NPC, PACIFICORP, SMUD, SRP, SSJVPA, WESTERN, and the Cities of Glendale and Vernon, was presented. 5157 II I City Council Minutes page 8 March 28, 1995 It was moved by Gonzales, seconded by McCormick, that Resolution No. 6601 be approved and adopted. 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. Communication from Bruce V. Malkenhorst, City Clerk, dated March 22, 1995, was presented, transmitting revised "Regulations for Monitoring, Testing, and for Removal and Closure of Underground Tanks Containing Hazardous Substances" as prepared by the City of Vernon Environmental Health Department. Ordinance No. 944 states these regulations can be effective only after City Council approval by minute order. This has been reviewed by the Director of Environmental Health, and in accordance with Ordinance No. 944, it is hereby recommended that said revised regulations be approved. It was moved by Davis, seconded by McCormick, to approve the revised "Regulations for Monitoring, Testing, and for Removal and Closure of Underground Tanks Containing Hazardous Substances." Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 23, 1995, was presented, advising that Owens-Brockway has applied for electric service under the City's Low Emission Assistance Program (LEAP) Rate Schedule. The LEAP program allows for a credit for each additional kilowatt of demand due to the installation of equipment that reduces overall emissions. The company installed an oxygen generating facility that reduces NOX (660 lbs./day), and the Department of Light and Power has conducted a final inspection of the project and determined that it is in compliance with their application and the City's requirements. It is hereby recommended that the application from Owens-Brockway for electric service under the City's Rate Schedule No. LEAP be approved. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated March 23, 1995, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6603 - A Resolution of the City Council of the City of Vernon Approving the Application of Owens- Brockway to Receive Electric Service under the City's Electric Rate Schedule No. "LEAP" for the Oxygen Generation System Described in the Application, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6603 be approved and adopted. Motion carried. ORDINANCE NO. 1027 - An Ordinance of the City Council of the City of Vernon Amending and Correcting Various Sections of the Code of the City of Vernon, California, 1959 Pertaining to the Police Department, was read by Title by the City Clerk for a First Reading. It was moved by Gonzales, seconded by Davis, that Ordinance No. 1027 be approved for a First Reading. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 23, 1995, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held March 27, 1995, for approval of.the recommendations contained therein. 5156 II I City Council Minutes page 9 March 28, 1995 It was moved by approve the recommendations Adjourned Regular Personnel 1995. Motion carried. McCormick, seconded by Gonzales, to contained in the Agenda for the Committee Meeting held March 27, WARRANT REGISTER NO. 910 covering claims and demands presented during the period of March 3 thru 23, 1995, drawn on the First Interstate Bank totaling $393,3l6.17, which includes Demand Nos. 50865 thru 51185 (inclusive), excluding Light and Power Demands and Void Demand Nos. 50952, 50964 thru 50967 (inclusive) (accounting period March, 1995), was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 910 be approved and payment authorized for claims and demands totaling $393,316.17, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 910 covering claims and demands presented during the period of March 3 thru March 23, 1995, drawn on the First Interstate Bank totaling $3,871,875.43, which includes Light and Power Demand Nos. as listed below (accounting period March, 1995) was examined and audited: 50865 50904 50945 50973 51005 51049 51118 51166 50893 50905 50946 50977 51007 51050 51119 51167 50895 50907 50947 50980 51009 51053 51129 51168 50896 50910 50948 50983 51011 51062 51132 51169 50897 50911 50949 50986 51017 51063 51139 51171 50898 50934 50950 50989 51020 51065 51144 51172 50899 50935 50951 50991 51022 51066 51148 51174 50900 50942 50953 50997 51026 51083 51149 51176 50901 50943 50962 50999 51036 51111 51152 51177 50902 50944 50972 51004 51046 51115 51159 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 910 be approved and payment authorized for claims and demands totaling $3,871,875.43. 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. PAYROLL WARRANT REGISTER NO. 469 covering claims and demands presented during the period of January 8 thru February 4, 1995, drawn on the First Interstate Bank totaling $1,507,008.23 which includes Demand Nos. 7866 thru 7900 (inclusive) (accounting period February, 1995) was examined and audited. It was moved by Gonzales, seconded by Davis, that Payroll Warrant Register No. 469 be approved and payment authorized for claims and demands totaling $1,507,008.23. Motion carried. Consideration of an Interruptible Transmission Service (ITS) Prescheduling Settlement Agreement. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter and also the following issue, Amendment No. 1 to the Edison-Vernon Interruptible Transmission Service Agreement. RESOLUTION NO. 6599 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Interruptible Transmission Service ("ITS") Prescheduling Settlement Agreement between Southern California Edison Company and the Cities of Anaheim, Azusa, Banning, Colton, Riverside and Vernon, California, was presented. 5155 II I City Council Minutes page 10 March 28, 1995 It was moved by McCormick, seconded by Gonzales, that Resolution No. 6599 be approved and adopted. 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. Consideration of the execution of an Amendment No. 1 to the Edison-Vernon Interruptible Transmission Service Agreement. RESOLUTION NO. 6600 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Edison-Vernon Interruptible Transmission Service Agreement, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6600 be approved and adopted. 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. Consideration of a Firm Power Sale Agreement between the California Department of Water Resources and the City of Vernon under Schedule C of the Western Systems Power Pool Agreement for the period of May through September, 1995 as submitted by Kenneth DeDario, Director of Light and Power, March 22, 1995. RESOLUTION NO. 6604 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Power Sale Agreement with the California Department of Water Resources in Accordance with Service Schedule C of the Western Systems Power Pool Agreement, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6604 be approved and adopted. 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. Communication from Fire Chief Dave Telford, dated March 15, 1995, was presented, requesting authority and funds for Firefighters Darrin Curry, Michael Langer and Jason McEachran to attend the Haz Mat Technician Course Module 1D in Santa Fe Springs, March 27-31, 1995, with an allowance of $350 each for the registration fee. It was moved by McCormick, seconded by Gonzales, that authority be granted for the above listed Firefighters to attend the aforementioned course with an allowance of $350 each for the registration fee. Motion carried. The Mayor Pro Tem called at recess at 5:41 p.m. The City Council reconvened in regular session at 5:43 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Davis, that the Council go into Closed Session to confer'on Items No.2, 3 and 4 listed below, the time being 5:43 p.m. Motion carried. 51S4 II I City Council Minutes page 11 March 28, 1995 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: Associate Power Engineer Title: Director of Community Services 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 vs. Central Basin Municipal Water District ,LASC No. BC 121124; (c) City of Vernon, et al. vs. city of Los An9~les, et al., LASC No. BS 032326; (d) CPUC Docket No. A.93-09-006 (BCAP); (e) City of Anaheim, etc. vs. City of Vernon, LASC BC 104302; (f) The Atchison, Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510 (9) City of Orange, et al v. City of Vernon (Alabama Treasury Advisory Pr09ram, et al: San Francisco Case No. 956982; 3. 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 Initial of litigation: Two (2) potential cases 4. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Cameron Brown/20th Century Insurance Company Agency claimed against: City of Vernon Claimant: Kikuko Takahashi Agency claimed against: City of Vernon Claimant: Rogelio Bedolla Garcia Agency claimed Against: City of Vernon Claimant: Jackie Crosswhite Agency claimed Against: City of Vernon 51~8 II I City Council Minutes page 12 March 28, 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 Pro Tern ordered all communications to and from the Closed Session deemed privileged and confidential. It was moved by Davis, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:52 p.m. Motion carried It was moved by McCormick, seconded by Gonzales, that the Liability Claim of Cameron Brown/20th Century Insurance Company be denied. Motion carried. It was moved by McCormick, seconded by Davis, that the City Attorney be authorized to support the amicus brief in Deshetres v. Sgt. Steen, u.S. Court of Appeals for the Ninth Circuit No. 94-16912. Motion carried. It was moved by Gonzales, seconded by McCormick, that the City Attorney be authorized to support the amicus brief prepared by the Los Angeles Department of Water and Power in Overton Power District No. 5 and Valley Electric Association, Inc. vs. Hazel R. O'Leary, et al., No. 93-17233; DC No. CV-92- 00860-PMP. Motion carried. There being no further business to corne before the Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. ~u~ Thomas A. Ybar a Mayor Pro Tern ATTEST: ~~ Bruce V. Malkenhorst City Clerk /4 51$2 II I NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON TO BE HELD MARCH 21, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED (DUE TO LACK OF QUORUM) TO MARCH 28, 1995 AT 5 P.M. AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon, do hereby certify that I did, on the 22nd day of March 1995, have posted: The above Notice of Adjournment for the City Council Meeting to be held March 21, 1995. Said Notice was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Glo ia J. Oros 0 Chief Deputy C