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20120807 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AUGUST 7, 2012, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, McCormick, Maisano, Ybarra MEMBERS ABSENT: None The meeting was called to order at 9:10 a.m. by Mayor Pro-Tem Davis. Councilman McCormick led the flag salute. The City Clerk announced the addition of a related case to item no. 2 under closed session. PRESENTATIONS 1. Health Director recruitment overview by Alliance Resource Consulting. Syldy Tom of Alliance Resource Consulting reported on the search process for the Director of Health and Environmental Control position and on the Council's unanimous decision to select Leonard Grossberg. a. Resolution No. 2012-146 - A Resolution of the City Council of the City of Vernon Appointing Leonard Grossberg to Serve as the Director of Health & Environmental Control of the City of Vernon It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2012-146. Motion carried, 4-0. b. Oath (Affirmation) of Office to be administered by the City Clerk to Leonard Grossberg. City Clerk, Willard Yamaguchi, administered the oath. 2. Human Resources Director recruitment overview by The Hawkins Company. Brett Byers of The Hawkins Company reported on the search process for the Director of Human Resources, and the selection of Teresa McAllister. Byers reported on McAllister's work experience, and advised that she will commence and be given the Oath of Office on September 4, 2012. City Administrator Mark Whitworth reported on the agreement terms, which included three months severance pay for involuntary termination. Whitworth also advised that 40 hours of vacation time will be accommodated in September, for previously scheduled vacation time. a. Resolution No. 2012-147 - A Resolution of the City Council of the City of Vernon Appointing Teresa McAllister to Serve as the Director of Human Resources of the City of Vernon It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2012-147. Motion carried, 4-0. Regular City Council Meeting Minutes August 7, 2012 3. City Attorney recruitment overview by Roberts Consulting Group Inc. Special Counsel Dana Reed reported that a representative from Roberts Consulting Group Inc. could not be present, but that they had prepared a written statement. Before the consideration of the item, Reed sought to clarify two matters dealing with the Ralph M. Brown Act. Reed reported that written documents for the July 23, 2012, Special City Council meeting were simultaneously made available to the City Council and public, shortly before the matter was presented. Reed stated that the Brown Act requires that if writings are distributed to a majority of a legislative body in connection with an agenda item, they must also be available to the public. Material distributed less than 72 hours before the meeting must be made available for inspection at the time of distribution at a public office or location designated for that purpose. Reed clarified that since the materials were simultaneously made available to the Council and to the public, no violation of the Brown Act occurred. Reed reported that effective January 1, 2012, Government Code Section 54956(b) states that a legislative body shall not call a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits, of a local agency executive. He advised that the two employment contracts presented at the Special Council Meeting held July 23, 2012, provided that the salary of the employee would be set from time to time by the City Council. Only minimum standards were specified. Reed opined that the City did not violate the new provision. Reed advised that the proposed City Attorney contract is very similar to the contract first made public on July 23, 2012. It is an "At -Will" employment agreement and provides for a three year engagement at the salary previously established by a resolution for the position, currently $252,000 per year. Reed explained that in the event of a material breach by the City, Mr. Rodriguez has the option to leave the City and is entitled to compensation not to exceed 24 months. Reed advised that this reflects a 12 month reduction from the previous severance provision of 36 months. Reed explained that while General Law Cities have an 18 month limit for severance, as a Charter City, Vernon has the right to set its own terms as it deems appropriate. The level of risk is intended to induce a qualified attorney to leave a long-term employment situation to help make progress on the reform efforts in Vernon. Reed advised that termination of the current City Administrator, prior to the expiration of the agreement, is deemed to be a material breech. Reed reported that in addition to the severance change, new language states that the City Attorney, in accord with the City Charter, the Municipal Code and other applicable laws and regulations, will coordinate his work program with the City Administrator. Page 2 of 13 Regular City Council Meeting Minutes August 7, 2012 President of the Vernon Chamber of Commerce, Marisa Olguin, advised that she is pleased with the reform efforts. Olguin reported on the importance of the City Attorney position, and although she is pleased with the selection, she opined that there are some contract language issues. In particular the issue of severance pay and the contractual tie to the City Administrator position. Olguin opined that the issues need to be further vetted. Olguin stated that the position should stand on its own, and that the contract is not consistent with public policy and other cities. Olguin reported that Rodriguez is open to recommendations provided by the Chamber. Olguin encourage the Council to consider revisions. Councilman McCormick recommended that the agreement be approved as presented, with the possibility of revisions in the future. Reed reported that several hours were spent reviewing the agreements, and that both parties have agreed to terms. a. Resolution No. 2012-148 - A Resolution of the City Council of the City of Vernon Appointing Nicholas George Rodriguez to Serve as the City Attorney of the City of Vernon and Approving and Authorizing the Execution of a Related Employment Agreement It was moved by McCormick and seconded by Ybarra to approve Resolution No. 2012-148. Councilman Maisano abstained. Motion carried, 3-0-1. 4. Service Pin Awards Mayor Pro Tem Davis presented service pins to Utilityman III, Adam Alvarez for 25 years, and Legal Administrative Assistant, Evangelina Muro for 5 years. Utilityman III, Robert Zepeda, 10 years; Senior Environmental Specialist, Jerrick Torres, 10 years; Firefighter, Jonathan Flagler, 10 years; Engineering Associate, Ana Melendez, 10 years; and Senior Environmental Specialist, Linda Johnson, 10 years, were not in attendance but were recognized for their years of service. PUBLIC COHNIENT The City Clerk announced that this was the time allotted for public comment. Mayor Pro-Tem Davis inquired whether anyone in the audience wished to address the City Council. President of the Vernon Chamber of Commerce, Marisa Olguin expressed her satisfaction with the City's openness and transparency during the search firm process. She commended newly appointed Director of Health and Environmental Control, Leonard Grossberg. Olguin described the Director of Human Resources position as a key component to the change in culture and a step towards healthy governance. She thanked the City for allowing the Chamber to be part of the process. Page 3 of 13 Regular City Council Meeting Minutes August 7, 2012 MINUTES It was moved by McCormick and seconded by Maisano to approve the Minutes of the Special City Council Meeting held June 11, 2012. Motion carried, 4-0. Minutes of the City Council meetings held June 12 and 13, 2012 were deferred until the next Council meeting. PUBLIC HEARINGS 1. Consider Vernon's conformance with the criteria in the Congestion Management Program as established by the Los Angeles County Metropolitan Transportation Authority. Director of Community Services and Water, Kevin Wilson reported on the County wide plan to alleviate traffic. Wilson reported that since 2002, the City has tracked development and self certified the report, which is filed with the County. Wilson recommended that City Council approve the self certification. At 9:46 a.m. it was moved by McCormick and seconded by Maisano to open the public hearing to consider Vernon's conformance with the criteria in the Congestion Management Program. Motion carried, 4-0. Hearing no comments, at 9:47 a.m, it was moved by Ybarra and seconded by Maisano to close the public hearing. Motion carried, 4-0. a. Resolution No. 2012-149 - A Resolution of the Cit_V Council of the City of Vernon Finding the City of Vernon to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local Development Report, in Accordance with California Government Code Section 65089 It was moved by McCormick and seconded by Maisano to approve Resolution No. 2012-149. Motion carried, 4-0. 2. Consider the approval of a conditional use permit amendment to allow the hours of operation to be extended. Director of Community Services and Water, Kevin Wilson presented the property located at 2501 Santa Fe Avenue, advising that the location currently operates as the Tratoria Restaurant. Wilson reported that the current operating hours are from 5:00 a.m. to 7:00 p.m., but that extended hours of operation are being requested. Wilson opined that he does not see any adverse affects to extending the hours of operation to 10:00 p.m. and reported that sufficient parking was available. Wilson also confirmed that the Police Department does not foresee any concerns. At 9:55 a.m. it was moved by Ybarra and seconded by McCormick to open the public hearing to consider the approval of a conditional use permit amendment to allow the hours of operation to be extended. Motion carried, 4-0. Page 4 of 13 Regular City Council Meeting Minutes August 7, 2012 Hearing no comments, at 9:56 a.m. it was moved by McCormick and seconded by Maisano to close the public hearing. Motion carried, 4-0. a. Resolution No. 2012-150 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit Amendment for Merco Group-2529 Santa Fe Avenue, LLC to Operate a Retail/Commercial Restaurant Facility Located at 2501 Santa Fe Avenue It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2012-150. Motion carried, 4-0. CONSENT CALENDAR It was moved by McCormick and seconded by Ybarra, that the matters on the Consent Calendar be approved as recommended. Motion carried, 4-0. 1. Warrant Registers a. Approval of City Warrant Register No. 1361, totaling $902,316.75, which covers the period of July 10, through July 30, 2012, and consists of the following: 1. Ratification of wire transfers totaling $212,039.07; and 2. Ratification of the issuance of early checks totaling $327,132.80; and 3. Authorization to issue pending checks totaling $363,144.88. b. Approval of Light & Power Warrant Register No. 326, totaling $5,138,555.63, which covers the period of July 10, through July 30, 2012, and consists of the following: 1. Ratification of wire transfers totaling $4,631,540.36; and 2. Ratification of the issuance of early checks totaling $114,138.77; and 3.Authorization to issue pending checks totaling $392,876.50. c. Approval of Gas Warrant Register No. 114, totaling $1,157,839.54, which covers the period of July 10, through July 30, 2012, and consists of the following: 1. Ratification of wire transfers totaling $1,114,934.60; and 2. Ratification of the issuance of early checks totaling $11,216.99; and 3. Authorization to issue pending checks totaling $31,687.95. 2. Fire Department a. Activity Report for the period of June 16, through June 30, 2012, to be received and filed. b. Activity Report for the period of July 1, through July 15, 2012, to be received and filed. Page 5 of 13 Regular City Council Meeting Minutes August 7, 2012 3. Light & Power Department a. April 2012 Resource Procurement Report, to be received and filed. 4. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of July 1, through July 15, 2012, to be received and filed. RESOLUTIONS 1. Resolution No. 2012-151 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment to the Agreement By and Between the City of Vernon and Hon. Debra Wong Yang (Ret.) for Services as Hearing Officer for an Election Contest Special Counsel Dana Reed reported that the amendments to the agreement are technical, relating to insurance requirements and other typographical errors; simply no longer requiring insurance that is not applicable. It was moved by Ybarra and seconded by McCormick to approve Resolution No. 2012-151. Councilman Maisano abstained. Motion carried, 3-0-1. 2. Resolution No. 2012-152 - A Resolution of the City Council of the City of Vernon Affirming its Policy to Comply with all Provisions of the Ralph M. Brown Act Special Counsel Dana Reed reported that state legislature suspended key provision of the Brown Act for a period of three years. Although the City is no longer legally required to comply, in order to continue with transparency, it is recommended that the City Clerk continue to apply these provisions. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2012-152. Motion carried, 4-0. Resolutions Nos. 2012-153, 2012-154, and 2012-155 were addressed at the same time. 3. Resolution No. 2012-153 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for Emergency Removal, Repair, and Reinstallation of Well and Booster Motor Pumps Kevin Wilson, Director of Community Services and Water, reported on the request for proposals ("RFP") for a contractor to evaluate the well. He advised that if the work is determined to be extensive an RPF will be issued for said repairs. Page 6 of 13 Regular City Council Meeting Minutes August 7, 2012 4. Resolution No. 2012-154 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Cooperative Agreement By and Between the City of Vernon and the County of Los Angeles for Traffic Signal Synchronization Kevin Wilson, Director of Community Services and Water, reported that the project is at no cost to the City; however the City will have to maintain the timing of the traffic signals. Wilson anticipates that the project will improve traffic circulation within Vernon. 5. Resolution No. 2012-155 - A Resolution of the City Council of the City of Vernon Accepting the Bid of So Cal Land Maintenance, Inc. and Approving and Ratifying the Execution of a Services Agreement By and Between the City of Vernon and So Cal Land Maintenance, Inc. for Grounds Maintenance Services Kevin Wilson, Director of Community Services and Water, requested that the City Council ratify the selection of So Cal Land Maintenance, Inc. ("So Cal") for landscaping use. Wilson reported that So Cal currently performs the maintenance work and that through the request of proposals process they were determined to be the best contractor. In response to Councilman Ybarra's inquiry on the RPF for the well and booster motor pump, Wilson advised that work will be limited to the removal of the well shaft for evaluation purposes. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2012-153, Resolution No. 2012-154 and Resolution No. 2012-155. Motion carried, 4-0. Resolutions Nos. 2012-156, 2012-157, and 2012-158 were addressed at the same time. 6. Resolution No. 2012-156 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Understanding By and Between the City of Vernon and the Consolidated Fire Protection District of Los Angeles County Assistant Fire Chief, Andrew Guth, reported that the Memorandum of Understanding will allow for the transfer of equipment to the City and will satisfy agreement requirements with the County. 7. Resolution No. 2012-157 - A Resolution of the City Council of the City of Vernon Authorizing the Purchase of an Aerial Ladder Truck and Approving the Execution of Said Contract Assistant Fire Chief, Andrew Guth, reported that during testing an aerial ladder truck failed. Repair costs are estimated at $150,000. Alternatively, Santa Clarita Fire Department has a ladder for sale. The most economical option is to purchase the ladder from Santa Clarita which they have agreed to repair and certify to Vernon standards, at a cost of approximately $100,000. Page 7 of 13 Regular City Council Meeting Minutes August 7, 2012 Guth advised that the old ladder can be sold to regain some of the funds. 8. Resolution No. 2012-158 - A Resolution of the City Council of the City of Vernon Authorizing the Purchase of Two EKG Cardiac Monitors/Defibrillators for the Fire Department Assistant Fire Chief, Andrew Guth, reported on the request to purchase defibrillators using grant funds. The funds will cover approximately 95% of the costs; the City will be responsible for about $3,000. Guth reported that the equipment had been budgeted during fiscal year 2011-2012, but that the purchase had been postponed in anticipation of receiving the grant. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2012-156, Resolution No. 2012-157 and Resolution No. 2012-158. Motion carried, 4-0. 9. Resolution No. 2012-159 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and KJServices Environmental Consulting for Program Management and Implementation Services Director of Health and Environmental Control, Leonard Grossberg reported that the services of KJServices Environmental Consulting have been used since 1998. The firm assists the department with grant use through regional efforts. Grossberg reported that no general fund money will be used. It was moved by Ybarra and seconded by Maisano to approve Resolution No. 2012-159. Motion carried, 4-0. NEW BUSINESS 1. Authorization for the Director of Health and Environmental Control to attend Tour of Japanese Conversion Technology Best Management Practices Facilities, and Disaster Debris Management Briefing on September 15, through September 21, 2012. Director of Health and Environmental Control, Leonard Grossberg reported that he has been invited by UCLA to attend the tour. Grossberg opined that the tour will provide a better understanding of conversion technology that could be used in Vernon. Leonard advised that federal guides will be used for hotel and meal compensation. In response to Mayor Pro-Tem Davis, Grossberg estimated that the costs would be approximately $4,500. It was moved by McCormick and seconded by Maisano to authorize the Director of Health and Environmental Control to attend Tour of Japanese Conversion Technology. Motion carried, 4-0. 2. Authorization to approve maintenance agreements with Dixie Diesel & Electric, Inc. for the maintenance of various generators. Page 8 of 13 Regular City Council Meeting Minutes August 7, 2012 Director of Community Services and Water, Kevin Wilson recommends the continued use of Dixie Diesel & Electric, Inc. for the various maintenance services. In response to Councilmen Davis and Ybarra, Wilson confirmed that the item had gone out to bid and that the service has been budgeted. It was moved by Maisano and seconded by Ybarra to approve the continued use of Dixie Diesel & Electric, Inc. Motion carried, 4-0. 3. Authorization to purchase wildland fire safety boots for the firefighters from L.N. Curtis & Sons. Director of Purchasing, Martha Valenzuela, advised that the boots are different from the day-to-day footwear and are specifically designed without a steel toe to avoid the risk of overheating and burning. Three bids were received and L.N. Curtis & Sons was the lowest bidder. Assistant Fire Chief, Andrew Guth reported that the boots are a state requirement in order to respond and receive reimbursement for wildland fires. Guth explained that it is a career boot, and a one time purchase. The expense has been budgeted. It was moved by McCormick and seconded by Ybarra to approve the purchase of the boots from L.N. Curtis & Sons. Motion carried, 4-0. 4. Authorization to approve Change Order No. 1 extending the service agreement with J&S Striping Company, Inc. for one year commencing July 25, 2012. Director of Community Services and Water, Kevin Wilson advised that the Changer Order would extend the agreement but would not change the costs and would incorporate the new living wage clause. It was moved by McCormick and seconded by Maisano to approve Change Order No. 1 with J&S Striping Company, Inc. Motion carried, 4-0. 5. Final determination(s) on challenge(s) filed regarding the service of Hearing Officer Debra Wong Yang in the election contest of the June 5, 2012 Special Municipal Election. Special Counsel Dana Reed requested that the matter be postponed until after closed session. DISCUSSION AND POSSIBLE ACTION ITEMS 1. Presentation by the Director of Community Services and Water on the I-710 Corridor Project EIR/EIS. Jerry Wood, Director of Transportation for Gateway Cities, presented and reported on the I-710 Corridor Project. In response to Councilman Maisano's inquiry on the relocation on Fire Station No. 4, Wood advised that it will be ten years Page 9 of 13 Regular City Council Meeting Minutes August 7, 2012 before the project is underway. He recommends that the City continue with any plans. In response to Councilman McCormick's inquiry on the Bandini Boulevard interchange, Wood advised that if local cities collectively supported the project it could be proposed as an early project. In response to Councilman Ybarra's inquiry on a traffic management plan for Vernon, Wood advised that when funding becomes available there will be a plan. Director of Community Services and Water, Kevin Wilson reported that Vernon had nominated the Bandini interchange as an early project and is encouraging other cities to do so as well. 2. Recommendation by the Vernon Housing Commission to reconsider the divestment of the City -owned housing units in Huntington Park in light of the City's current fiscal situation. City Administrator, Mark Whitworth reported on the Housing Commission's request, advising that the City owns five units, two of which are currently vacant. Mayor Pro-Tem Davis commented that the value of the real estate has gone down. He recommends waiting 2-3 years to sell, and in the interim keep the housing. Councilman McCormick concurred with the recommendation. He recommends renting the units at the market value, allow the units to pay for themselves rather than sell at a loss for a one time fix. Councilman Ybarra sees the value in both arguments. He advised that in can be a source of income or a one time increase in cash flow. Councilman Maisano agrees that the units can be a source of income, and recommends the renting of the units. It was moved by McCormick and seconded by Maisano to direct staff not to sell the units and report back to the Housing Commission. Motion carried, 4-0. ORAL REPORTS Captain James Rodino reported that the canine unit had assisted South Pasadena with the search of a burglary suspect on July 19, 2012. The Canine unit was successful in locating the suspect. On July 28, 2012, a robbery was reported at Tenampa Bar. The suspect stole a cell phone, when confronted he physically attacked the victim. Rodino reported that the case is being investigated by our detectives. Rodino reported that on August 3, 2012, officers responded to vandalism in progress in the area of District Boulevard and Atlantic Boulevard. Two subjects were subsequently arrested, including one juvenile. Page 10 of 13 Regular City Council Meeting Minutes August 7, 2012 On August 5, 2012, officers responded to the area of St. Charles Street and Vernon Avenue regarding suspicious circumstances. A security guard had observed two subjects stealing mail from a mail box. Two subjects were arrested for possession of stolen property and possession of burglary tools. On August 6, 2012, Officers responded to 3080 50th Street in regards to a fight involving three individuals. A work performance confrontation escalated when the company supervisor and another employee confronted and assaulted the victim. _ Rodino reported that the victim was treated by Vernon Fire Department, but later refused further medical attention. The two suspects were arrested for assault with a deadly weapon. Rodino reported that on August 07, 2012, marijuana that was recovered from a cultivation arrest that occurred on June 12, 2012, was taken by detectives to the Southeast Resource Recovery Facility to be destroyed. City Administrator Mark Whitworth reported vandalism on Atlantic and District Boulevard. Assistant Fire Chief, Andrew Guth reported that service calls have been routine in nature. Guth reported on the recently approved Memorandum of Understanding with Consolidated Fire Protection District of Los Angeles County for grant funds to be used for training purposes. Fire Chief Mark Whitworth further added that the Fire Department will be relocating to City Hall, and that the mobile trailer lease agreements will be terminated effective September 1, 2012. Director of Light & Power Carlos Fandino reported on the meeting with the Advisory Committee for Electrical Rates and the discussion on the possible rebate program. Fandino advised that the Committee sought a more concrete plan but was advised that the program was dependent on the outcome of the September 18, 2012 election. Fandino anticipates that on the next City Council agenda, he will have an interruptible rate agreement with Matheson Tri-Gas. Fandino reported that there were a few minor outages, and reported on the project on 50t" Street. Fandino announced the resignation of Michael TenEyck, and advised that the department will be restructuring and reorganizing internally. Newly appointed Director of Health and Environmental Control, Leonard Grossberg thanked the Council and hopes to continue the standards set before him. Grossberg reported on the Department's food truck inspections and on the increase in animal control calls. He announced the Sustainable Development and Energy Efficiency Commission meeting on August 22, 2012, at 6:30 p.m. Kevin Wilson, Director of Community Services and Water Department, reported in the proposals for new housing received, three of which will be interviewed. Wilson advised that the housing element must be in place before the City can enter into an agreement with a developer. Page 11 of 13 Regular City Council Meeting Minutes August 7, 2012 Wilson announced the meeting for the Advisory Committee of Business Development on August 9, 2012. He advised that the Committee will continue its review on the zoning ordinance. Wilson reported on the upcoming slurry seal project on 49th Street. Assistant to City Administrator Alex Kung reported on the Oversight Board to the Successor Agency to the Redevelopment Agency held Thursday, August 2, 2012. City Administrator Mark Whitworth commended the three firms involved in the search process for Director of Human Resources, Director of Health and Environmental Control, and City Attorney. Whitworth reported on the approval of the search process for Director of Finance and Police Chief. Whitworth advised that the City will continue with its restructuring to eliminate the multiple positions held by Department Heads. Whitworth announced that Independent Reform Monitor John Van de Kamp will be doing a presentation on his report at the next Council meeting. Staff will be updating the matrix and incorporating the new recommendations. Representative from Senator Kevin De Leon's office will be reporting Vernon's progress to Legislature. Whitworth advised that general fund budget reductions will be presented at an upcoming City Council meeting. He advised that staff is working on removing a safety classification from the CalPERS agreement. Whitworth announced that the next Vernon Housing Commission meeting is scheduled for September 19, 2012, at 6:00 p.m. Staff will be reporting back on the decision on the recommendation to divest the Huntington Park units. He reported that all month - to -month tenants have been transitioned to the new lease agreements. Whitworth concluded by congratulating Grossberg on his appointment. At 11:36 a.m. the City Council recessed to address matters on the Successor Agency to the Redevelopment Agency agenda. City Council reconvened at 11:50 a.m. CLOSED SESSION At 11:50 a.m., it was moved by McCormick and seconded by Maisano, that the City Council go into closed session to discuss the items listed under closed session. Motion carried, 4-0. 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Potential Initiation of Litigation. Government Code Section 54956.9(c) Number of potential cases: 1 Page 12 of 13 Regular City Council Meeting Minutes August 7, 2012 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (2) Government Code Section 54956.9(a) Daniel Newmire vs. Willard G. Yamaguchi LASC Case No. 85137310 Reno Bellamy vs. William J Davis, et al. LASC Case No. BS 138899 At 12:15 p.m. it was moved by McCormick and seconded by Maisano, that the City Council exit closed session. Motion carried, 4-0. Chief Deputy City Attorney Willard G. Yamaguchi advised that there were no items to report out. Item No. 5 from the New Business was revisited: Final determination(s) on challenge(s) filed regarding the service of Hearing Officer Debra Wong Yang in the election contest of the June 5, 2012 Special Municipal Election. It was moved by McCormick and seconded by Ybarra to deny the challenges. Councilman Maisano abstained, 3-0-1. The City Clerk announced that there were no further items on the agenda. At 12:30 p.m., it was moved by McCormick and seconded by Ybarra, that the meeting be adjourned. Motion carried. r-" Xr`r--- t William J. D vis r Mayor Pro-Tem ATTE T: Dana Reed Acting City Clerk Page 13 of 13