19950620 Regular City Council Meeting - Minutes
ORDER OF ADJOURNMENT OF MEETING
OF THE CITY COUNCIL OF THE CITY OF VERNON
I HEREBY CERTIFY THAT THE REGULAR MEETING OF THE CITY
COUNCIL HELD JUNE 20, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF
THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON,
CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY COUNCIL (QUORUM
PRESENT) TO TUESDAY, JUNE 27, 1995 AT 5 P.M. IN THE COUNCIL
CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
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AFFIDAVIT OF POSTING
ORDER 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 21st day of June
1995, have posted:
The above Order of Adjournment for the City
Council Meeting held June 20, 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 qorrect.
Clerk
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD JUNE 20,
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 Ybarra, seconded by Davis, that the
Minutes of the Adjourned City Council Meeting held May 8, 1995,
be approved as submitted and adopted. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
Minutes of the City Council Meeting held June 6, 1995, be
approved as submitted and adopted. Motion carried.
RESOLUTION NO. 6646 - A Resolution of the City
Council of the City of Vernon Commending Eugene M. DeFrank For
His Many Years of Service to the City of Vernon, was read in its
entirety by the City Clerk.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 6646 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated June l4, 1995, was presented, advising that the below
listed employees have qualified in the month of May 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
Ol/23/89 Carlos Fandino, Sr. Water/Power Disp. 2 Year
05/l9/91 Roger Conant, Utilityman IV 4 Year
05/l9/9l Gerardo Farias, Utilityman IV 4 Year
11/05/90 Robin Tolmasoff, Secretary 4 Year
12/21/87 Renan Castro, Utilityman III 5 Year
OS/22/89 Fred Amiri, Engineering Aide 6 Year
07/01/66 James Mason, Police Captain 6 Year
05/l6/88 Curtis Kirkland, Sr. Electronics Tech. 7 Year
The Mayor 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 their respective
department head:
05/12/80
07/06/87
08-l8-87
11-13-90
09/l8/89
05/19/86
05/l6/88
02/29/88
01/06/64
06/01/57
Joe Jimenez, System Operator
Randy Phillips, Police Officer
Paul Woida, Fire Engineer
Ben Busse, Police Sergeant
Jeffrey Graves, Firefighter
Fernando Rodriguez, Police Officer
Steven Ruffoni, Fire Captain
Jose Alvarez, Utilityman III
Jack Looper, Utilityman I
Robert Beaudette, Fire Engineer
2 Year
2 Year
2 Year
3 Year
3 Year
3 Year
3 Year
6 Year
6 Year
7 Year
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City Council Minutes
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June 20, 1995
The Mayor called a recess at 5:12 p.m.
The Council reconvened in regular session at 5:14
p.m., all members present before the recess again being present.
Police Department Activity Log for the period June 1
thru 15, 1995, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period June 1 thru l5,
1995, be received and filed. Motion carried.
.
Fire Department Activity Report for the period June 1
thru 15, 1995, was presented.
It was moved by McCormick, seconded by Ybarra, that
the Fire Department Activity Report for the period June 1 thru
15, 1995, be received and filed. Motion carried.
Health Department Report for the month of May, 1995,
was presented.
It was moved by Ybarra, seconded by McCormick, that
the Health Department Report for the month of May, 1995, be
received and filed. Motion carried.
Risk Management Report for the month of May, 1995,
was presented.
It was moved by Ybarra, seconded by Davis, that the
Risk Management Report for the month of May, 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 Ybarra, seconded by Davis, to open
the PUBLIC BEARING to consider an application from Il Treno
Restaurant for a Conditional Use Permit to allow the expansion of
the restaurant at 535l Santa Fe Avenue in the City of Vernon, 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.
Lewis Pozzebon, Director of Environmental Health,
addressed the City Council and summarized the matter from the
Health Department's concern.
Communication from Kevin Wilson, Acting Director of
Community Services, dated June 15, 1995, was presented, advising
that II Treno Restaurant has applied for a Conditional Use Permit
for the expansion of the restaurant at 5351 Santa Fe Avenue, and
transmitting the following supporting documents:
1. Request for Conditional Use Permit and
information supporting the application;
2. Engineer's Report;
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City Council Minutes
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June 20, 1995
3. Notice of Public Hearing, Notice of Intent,
copies of notification letters to owners and
tenants in the area and affidavits of posting
and mailing.
It is the opinion of the Acting Director of Community Services
that the proposed operation will pose no adverse effects to the
City of Vernon and will have no significant effects on the
environment, and no mitigating measures are required. This has
been reviewed by the City Attorney and it is hereby recommended
that the following actions be taken:
1. The City Council find that the proposed use is
categorically exempt from the California
Environmental Quality Act Process;
2. A Notice of Exemption be filed with the County Clerk;
3. The Conditional Use Permit be granted to II Treno
Restaurant contingent upon their adherence to the
following Conditions.
a. The facility shall be operated in accordance
with all current codes, rules, regulations, and
subject to permit fees as adopted by the City of
Vernon. Prior to occupancy an occupancy permit
shall be obtained.
b. Pursuant to the City of Vernon Comprehensive
Zoning Ordinance, parking and loading spaces
shall be provided for both the restaurant and
warehouse in accordance with Vernon City Code
Sections 26.4.2-6 and 26.4.2-7. All parking
and maneuvering areas, including the ingress
and egress shall be paved. An easement for
ingress and egress and vehicle parking on a
lot located at 5415 Santa Fe Avenue shall be
submitted and approved by the City and
recorded prior to the issuance of building
permits. All parking shall be limited to
the lot at 5403 and 5415 Santa Fe Avenue.
c. II Treno Restaurant shall construct all
frontage improvements adjacent to the site
along Santa Fe Avenue as directed by the
Acting Director of Community Services. All work
shall be performed to City standards and shall
be completed prior to occupancy.
d. Adequate trash receptacles shall be provided on
the site to keep litter to a minimum. All litter
associated with the operation of the restaurant,
blown or dropped on adjacent properties shall be
retrieved and disposed of daily by a restaurant
employee.
e. Any expansion or change in use shall be approved
by the Acting Director of Community Services and
the Director of Environmental Health.
f. The parking, driveway access, and landscaping
shall be developed in accordance with the site
plan which was submitted with this application
and approved by the Acting Director of Community
Services. Changes shall not be made in the site
development except with the prior approval of the
Acting Director of Community Services.
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June 20, 1995
g. Upon termination of the leases for the use of
a portion of the Southern Pacific Transportation
Company property, the use of a portion of the
Ernest L. Rose property, the use of a portion
of the Feichtinger property, and the use of a
portion of the All American Trimming, Inc.,
property, this Conditional Use Permit shall
terminate and all restaurant improvements located
on that property shall be removed.
h. A Wrong Way/Do Not Enter sign shall be maintained
at the Santa Fe Avenue exit only driveway.
i. Two sets of complete plans for improvement shall
be submitted by August l, 1995. The plans shall
be approved by the Community Services and Health
Departments prior to the start of construction.
j. The railcar shall be rodent-proofed and an
inspection shall be conducted by the Vernon
Health Department, prior to the installation of
any equipment and/or seating, to verify rodent-
proofing.
k. All food preparation and storage equipment
shall be within the restaurant and shall be
National Sanitation Foundation (NSF) approved
or its equivalent and approved by the Vernon
Health Department prior to installation and use.
1. An equipment list with specifications shall be
submitted to the Vernon Health Department for
approval prior to installation.
m. The restaurant shall comply will all requirements
of the California Uniform Food Facilities Law.
(CURFFL).
n. No additional area beyond the existing restaurant
shall be occupied or utilized until final
approval is granted by the Health Department.
o. Sylvia Filippini dba II treno Restaurant,
shall maintain a sales tax permit with
the State Board of Equalization bearing
the City of Vernon tax number 19039 and a
City of Vernon Business License.
questions.
The Mayor asked if anyone in the audience had any
David B. Brearley, City Attorney, asked how many
people could be seated in the restaurant.
Sylvia Filippini, owner, stated that 44 to 49 persons
could be seated inside and 40 to 50 in the deck area outside.
It was moved by Gonzales, seconded by Davis, to close
the Public Hearing regarding the request from II Treno Restaurant
for a Conditional Use Permit, the time being 5:26 p.m. Motion
carried.
It was moved by Ybarra, seconded by Davis, that the
communication from the Acting Director of Community Services
dated June 15, 1995 and all supporting documents be received and
filed as evidence. Motion carried.
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June 20, 1995
It was moved by Ybarra, seconded by Gonzales,
that the City Council hereby finds that the proposed use is
categorically exempt from the California Environmental Quality
Act Process. Motion carried.
It was moved by Ybarra, seconded by Davis, that a
Notice of Exemption be filed with the County Clerk. Motion
carried.
It was moved by Gonzales, seconded by Ybarra, that
the Conditional Use Permit be granted to Sylvia Filippini DBA
Il Treno Restaurant contingent upon her adherence to the
aforementioned Conditions "a" thru "0". Motion carried.
RESOLUTION NO. 6643 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to Sylvia Filippini DBA II Treno Restaurant for a Retail
Commercial Use Which Will Generate More Than 20 Vehicle Trips Per
Day Per 1,000 Gross Square Feet of Floor Area at 535l Santa Fe
Avenue, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 6643 be approved and adopted. Motion carried.
It was moved by Ybarra, seconded by Gonzales, to open
the PUBLIC HEARING to consider an application from North American
Land and Leasing Corporation for a Variance to allow the tenant
to utilize two non-conforming truck loading spaces at 3620 Santa
Fe Avenue in the City of Vernon, the time being 5:29 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 June 15, 1995, was presented, advising that North American
Land and Leasing Corporation has submitted an application for a
Variance from the Comprehensive Zoning Ordinance, Section 26.4.2-
8, Development Standards, for the building located at 3620 Santa
Fe 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 at the site has been vacant for more than one year
and, in accordance with Section 26.4.6-7 of the Comprehensive
Zoning Ordinance, the building shall be brought into conformance
with all regulations of the C-M zone. The building currently has
two non-conforming truck loading spaces 10 feet wide and 45 feet
long. One dock will be eliminated, and the building will be
brought up to meet the code in all other respects. The company
is proposing to use only vehicles of a smaller length at the non-
conforming space. The lot is 62.5 feet wide by 140 feet long,
and the truck parking, loading, and maneuvering requirements
cannot be met. The Zoning Code allows for variances based on lot
size and shape. 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: .
a. 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 the Master
Plan of Streets dated June 16, 1992.
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City Council Minutes
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June 20, 1995
b. All existing and future tenants shall be noti-
fied of this restriction and a condition
stating this shall be placed in all future
leases.
c. The building shall be brought into conformance
with all current City codes and regulations
with the exception of truck parking, loading,
and maneuvering requirements.
d. The most northerly existing loading space
shall be removed and replaced with automobile
parking.
The Mayor asked if there were any questions.
The City Attorney asked how this property was zoned.
Mr. Wilson replied that it is a C-M Zone.
Bruce V. Malkenhorst, City Clerk, asked what length
or size trucks would be used.
Mr. Wilson stated a 45 foot trailer would be the
maximum that could get onto the property.
The City Attorney asked if the code required only one
dock.
property.
Mr. Wilson replied, yes.
The City Clerk asked how they would access the
Mr. Wilson said they will come in off of Violet
Avenue. They can only get onto the lot with a smaller truck
because of the access area.
Mark Ludon, representing North American Land and
Leasing Corporation, advised they have the same thoughts as Mr.
Wilson. Large trucks cannot get onto the site using Violet
Avenue since it is so small or tight. We were unaware of any
code violations until now. Anything other than what Mr. Wilson
is requiring in the loading dock area as a condition could not be
met by us.
The City Clerk stated that in the past we have not
given variances to buildings that have been vacant over a year.
We could have the Community Services Department prepare a report
to the Finance Committee showing the effects and the vicinity
that this type of variance would cover.
It was moved by Gonzales, seconded by Davis, to
close the Public Hearing regarding the request from North
American Land and Leasing Corporation for a Variance, the time
being 5:38 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the communication from the City Clerk dated June 15, 1995 and all
supporting documents regarding the variance request from North
American Land and Leasing Corporation be received and filed as
evidence. Motion carried.
It was moved by Ybarra, seconded by Gonzales, to
defer action on the North American Land and Leasing Variance
request to the next City Council Meeting. Motion carried.
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City Council Minutes
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June 20, 1995
RESOLUTION NO. 6644 - A Resolution of the City
Council of the City of Vernon Granting a Variance to North
American Land and Leasing Corporation from Section 26.4.2-8,
Development Standards, of the Comprehensive Zoning Ordinance, for
the Property Located at 3620 Santa Fe Avenue in the City of
Vernon.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 6644 be deferred to the next City Council Meeting.
Motion carried.
Communication from Lewis J. Pozzebon, Director of
Environmental Health, dated June 1, 1995, was presented,
transmitting the Local Detention Facility Health Inspection
Report which shows that in accordance with Section 459 of the
Health and Safety Code, the City of Vernon jail was inspected on
May 24, 1995, and is in compliance with standards and
requirements prescribed by the Board of Corrections regarding
sanitary conditions.
It was moved by Ybarra, seconded by Davis, that the
communication from the Director of Environmental Health dated
June l, 1995 be received and filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated June 12, 1995, was presented, advising that staff of the
Community Services Department recently reviewed Chapter 21 of our
City Code and have determined that it is necessary to amend said
section. The department advises that changes are necessary in
order to clarify certain prohibitions and to meet specific
language required as part of the NPDES Permit from the County of
Los Angeles Department of Public Works. The revisions will also
bring the chapter up to date and in line with modern sewer
systems and for clarification purposes. This has been reviewed
by the City Attorney, and it is hereby recommended that an
ordinance be adopted approving the revision.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated June 12, 1995 be received
and filed, and that his recommendation be approved. Motion
carried.
ORDINANCE NO. l03l - An Ordinance of the City Council
of the City of Vernon Amending the Code of the City of Vernon,
California, 1959, By Repealing Chapter 21, Sewers and Sewage
Disposal, of the Code of the City of Vernon, California, 1959 and
Adding Chapter 21 Thereto Regarding Sewers and Storm Drains and
Repealing All Ordinances or Parts of Ordinances in Conflict
Therewith, was read by Title by the City Clerk for a First
Reading.
It was moved by Gonzales, seconded by Ybarra, that
Ordinance No. 1031 be approved for a First Reading. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated June 12, 1995, was presented, requesting authority and
funds for Administrative Aide Christopher Romero to attend the
Newsletters Seminar in Pasadena on July 11, 1995, with an expense
allowance of $312.50.
It was moved by Ybarra, seconded by Davis, that
authority be granted for Christopher Romero to attend the afore-
mentioned seminar with an expense allowance of $312.50. Motion
carried.
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City Council Minutes
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June 20, 1995
Communication from Bruce V. Malkenhorst, City Clerk,
dated June 13, 1995, was presented, requesting authority and
funds for Mayor Pro Tem Thomas Ybarra to attend the League of
California Cities Mayors & Councilmembers Executive Forum in
Monterey, July 26-28, 1995, with an expense allowance of $854.
It was moved by Davis, seconded by Gonzales, that
authority be granted for Mayor Pro Tem Thomas Ybarra to attend
the aforementioned conference with an expense allowance of $854.
Motion carried.
Communication from Gloria J. Orosco, Secretary to the
Board of Library Trustees, dated June l3, 1995, was presented,
advising that the term of Library Trustee William M. McCormick
will expire on June 30, 1995, and requesting that the City
Council reappoint William M. McCormick as Library Trustee for a
new full three-year term to be effective July 1, 1995.
It was moved by Ybarra, seconded by Davis, that the
communication from the Secretary dated June 13, 1995 be received
and filed and that her request be approved. Motion carried.
RESOLUTION NO. 6647 - A Resolution of the City
Council of the City of Vernon Reappointing William M. McCormick
to Serve as a Trustee on the Board of Library Trustees, was
presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 6647 be approved and adopted. Motion carried.
Communication from Fire Chief Dave Telford, dated
June 14, 1995, was presented, requesting authority and funds for
Firefighter Dan Armellini to attend the Emergency Building
Shoring Course in Rancho Cucamonga, August 16-l8, 1995, with an
expense allowance of $230.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Firefighter Dan Armellini to attend the
aforementioned course with an expense allowance of $230. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated June l4, 1995, was presented, requesting authority and
funds for Gloria J. Orosco, Chief Deputy City Clerk, to attend
the City Clerks' Association Education Seminar in Pomona, August
25-26, 1995, with an expense allowance of $232.50.
It was moved by McCormick, seconded by Davis, that
authority be granted for Gloria J. Orosco to attend the afore-
mentioned seminar with an expense allowance of $232.50. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated June 15, 1995, was presented, advising that the Finance
Committee, at their meeting held April 11, 1995, voted to reduce
the lease payments for the satellite campus of East Los Angeles
College from $2,000 per month to $1,500 per month for the 1995-96
fiscal year, and the minutes were subsequently approved by the
City Council on April l8, 1995. This has been reviewed by the
City Attorney, and it is hereby recommended that the agreement be
renewed subject to the City's reduced support in the amount of
$18,000 per year to be paid on a quarterly basis.
It was moved by Ybarra, seconded by Gonzales, that
the communication from the City Clerk dated June 15, 1995 be
received and filed, and that his recommendation be approved.
Motion carried.
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June 20, 1995
RESOLUTION NO. 6645 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Renewal of the Agreement for Satellite Campus of Los Angeles
Community College District, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6645 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated June 15, 1995, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held June 19,
1995 for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Davis, that the
recommendations contained in the Agenda for the Personnel
Committee Meeting held June 19, 1995 be approved. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated June l5, 1995, was presented, transmitting the
Minutes of the Adjourned Finance Committee Meeting held June 12,
1995 and the Minutes of the Regular Finance Committee Meeting
held June 13, 1995, for approval of the recommendations contained
therein.
It was moved by Ybarra, seconded by Davis, to approve
the Minutes of the Adjourned Finance Committee Meeting held June
12, 1995 and the Minutes of the Regular Finance Committee Meeting
held June l3, 1995. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated June 15, 1995, was presented, transmitting the
Agenda for the Adjourned Finance Committee Meeting to be held
June 19, 1995, for approval of the recommendations contained
therein.
It was moved by McCormick, seconded by Gonzales, that
the recommendations contained in the Agenda for the Adjourned
Finance Committee Meeting held June 19, 1995 be approved. Motion
carried.
WARRANT REGISTER NO. 916 covering claims and demands
presented during the period of June 1 thru June l5, 1995, drawn
on the First Interstate Bank totaling $276,20l.41, which includes
Demand Nos. 52132 thru 52356 (inclusive), excluding Light and
Power Demands and Void Demand Nos. 52l34, 52l58, and 52186 thru
52193 (inclusive) (accounting period June, 1995) was examined and
audited.
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 916 be approved and payment authorized for
claims and demands totaling $276,201.41, excluding Light and
Power Demands. Motion carried.
WARRANT REGISTER NO. 916 covering claims and demands
presented during the period of June 2 thru June 15, 1995, drawn
on the First Interstate Bank totaling $778,l4l.50, which includes
Light and Power Demand Nos. as listed below (accounting period
June, 1995) was examined and audited:
52137 52173 52196 52224 52270 52307 52330 52352
52138 52174 52200 52232 52279 52308 52337 52355
52140 52176 52202 52237 52285 52313 5234l
52l4l 52178 52205 5224l 52287 52315 52342
52145 52183 52216 52242 52296 52322 52343
52168 52184 52221 52244 52301 52324 52346
52170 52185 52222 52267 52306 52329 52351
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June 20, 1995
It was moved by McCormick, seconded by Ybarra, that
Warrant Register No. 916 be approved and payment authorized for
claims and demands totaling $778,14l.50. 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. 468 covering claims and
demands presented during the period of April l6 thru May 13,
1995, drawn on the First Interstate Bank totaling $l,5l7,307.04
which includes Demand Nos. 7978 thru 8013 (inclusive) (accounting
period May, 1995) was examined and audited.
It was moved by Ybarra, seconded by Gonzales, that
Payroll Warrant Register No. 468 be approved and payment
authorized for claims and demands totaling $l,517,307.04. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated June l5, 1995, was presented, advising that in accordance
with previous City Council approval, litigation in the matter of
City of South Gate, et ale vs. City of Los Angeles, et al., LASC
No. BC 129447, was filed in Superior Court of the County of Los
Angeles on June 9, 1995, and further, a dismissal of City of
Vernon, et al. vs. City of Los Angeles, et al., LASC No. BS
032326 was filed simultaneously with the filing of the above-
referenced case and litigation agreements were executed with
taxpayers Anita Aviles and Edward Saenz.
David B. Brearley, City Attorney, summarized this
matter for the City Council.
It was moved by McCormick, seconded by Gonzales, that
the communication from the City Clerk dated June 15, 1995, be
received and filed. Motion carried.
The Mayor called a recess at 5:58 p.m.
The Council reconvened in regular session at 6:02
p.m., all members present before the recess again being present.
It was moved by Ybarra, seconded by Gonzales, that
the Council go into Closed Session to confer on Items No.2, 3,
and 4 listed below, the time being 6:03 p.m. Motion carried.
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) City of Vernon vs. Central Basin Municipal
Water District, LASC No. BC l21l24;
(b) City of South Gate, et al. vs. City of Los
Angeles, et al., LASC NO. BC l29447;
(c) CPUC Docket No. A.93-09-006 (BCAP);
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June 20, 1995
3. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54956.95.
LIABILITY CLAIMS
Claimant: Dan Vincent
Agency 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
Mayor Malburg was excused from the Closed Session at
6:06 p.m. and Mayor Pro Tem Ybarra assumed the Chair.
The Mayor returned to the Closed Session and assumed
the Chair at 6:14 p.m.
It was moved by Ybarra, seconded by Gonzales, that
the Council go out of Closed Session and resume regular session,
the time being 6:14 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
liability claim of Dan Vincent be denied.
There being no further business to come before the
Council at this time, it was moved by Ybarra, seconded by
Gonzales, that the meeting adjourn to June 27, 1995 at 5 p.m.
f I '\
/!f!~?U;~/7!{:lif~i/~
' {:e9nis C. Ma urg
Mayor
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Bruce V. Malkenhorst
City Clerk
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