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20020417 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 17, 2002, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. RESOLUTION NO. 7945 - A Resolution of the City Council of the City of Vernon Authorizing the City Clerk to Make and Deliver a Certificate of Election to Council Members Leonis C. Malburg, Thomas A. Ybarra and William McCormick and to Administer the Oath of Office, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7945 be approved and adopted. Motion carried. The City Clerk administered the Oaths of Office to Mr. Leonis C. Malburg, Mr. Thomas A. Ybarra, and Mr. William McCormick and signed the Certificates of Election. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 11, 2002, was presented, advising that it is now the time and place for the selection of the Mayor and the Mayor Pro Tem. It was moved by Davis, seconded by Ybarra, that Mr. Leonis C. Malburg be selected to serve as the Mayor and Mr. Thomas A. Ybarra be selected to serve as the Mayor Pro Tem. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 11, 2002, was presented, advising that it is now necessary to appoint members to sit on the following Committees: • Personnel Committee • Finance Committee • Police and Fire Commissions It was moved by Gonzales, seconded by Davis, to appoint the following council members to the respective committee: Personnel Committee: Malburg/Ybarra/Davis Finance Committee: Malburg/Ybarra/Gonzales Police and Fire Commissions: Malburg/Ybarra/McCormick It was moved by McCormick, seconded by Gonzales, that the Minutes of the Regular City Council Meeting held April 3, 2002, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 10, 2002, was presented, advising that the below listed employees qualified in the month of March 2002 for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Regular City Council Meeting Minutes April 17, 2002 Date of Hire Employee Award 03/13/00 Allan Castro Systems 2 Coordinator I 2 03/22/99 Robert Farrell Firefighter 3 10/24/88 Pete Torres Fire Engineer 5 06/23/85 Jorge Somoano Assistant Director 7 Resource Management 05/15/89 Rick Torres Accountant 9 03/01/87 Dan Downing Chief Deputy 15 Director of Environmental The Mayor presented awards to the aforementioned employees 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. 03/13/00 Shahram Sharifzadeh Systems 2 Coordinator I 04/01/84 Lorenzo Mendoza Utilityman II 2 03/22/99 Curt Corbin Firefighter 3 03/22/99 Anthony Fish Firefighter 3 03/22/99 Matthew Holtzendorff Firefighter 3 03/22/99 Chad McGovney Firefighter 3 03/22/99 Derek Meyer Firefighter 3 03/22/99 Michael Pinnere Firefighter 3 03/22/99 Andrew Smith Firefighter 3 03/22/99 Norman Sutherlin Firefighter 3 03/22/99 James Venneau Firefighter 3 03/29/98 Paul Cerda Police Officer 4 03/16/97 Ramon Abueg Assistant Director 5 of Engineering and Operations 07/10/95 Brandon Gray Police Officer 6 07/16/90 Jose Pereyra Systems 9 Coordinator II 08/05/84 Patrick Keye Systems 11 Coordinator II 04/28/86 Eliseo Genera Civilian Court 12 Officer The Mayor called a short recess at 5:15 p.m. The City Council reconvened at 5:19 p.m., all members present before the recess again being present. The Fire Chief introduced the following Firefighter Graduates to the City Council and staff the recent Vernon Fire Academy graduates which consisted of approximately 250 hours of additional training. • Michael Byard • Frank Quinones Page 2 of 14 Regular City Council Meeting Minutes April 17, 2002 Police Department Activity Log for the period April 1 through 15, 2002, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period April 1 through 15, 2002 be received and filed. Motion carried. Fire Department Activity Report for the period April 1 through 15, 2002, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period April 1 through 15, 2002, be received and filed. Motion carried. Risk Management Report for the month of March 2002, was presented. It was moved by McCormick, seconded by Ybarra, that the Risk Management Report for the month of March 2002, be received and filed. Motion carried. Health Department Report for the month of March 2002, was presented. It was moved by Gonzales, seconded by Davis, that the Health Department Report for the month of March 2002, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience who wished to address the City Council on any item on the agenda other than with regard to any public hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the Council at this time. There was no one in the audience who wished to address the City Council at this time. The City Clerk announced that now was the time to open the public hearing to consider a request for a variance from United Alloys, Inc., located at 3398 Leonis Boulevard, to allow the applicant to utilize leased property space to provide the required automobile parking spaces in compliance with Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance. It was moved by Ybarra, seconded by Davis, to open the public hearing to consider a request for a variance from United Alloys, Inc., the time being 5:25 p.m. Motion carried. The Director of Community Services and Water addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Director of Community Services and Water, dated April 11, 2002, was presented, advising that United Alloys, Inc., located at 3398 Leonis Boulevard in the City of Vernon has requested a variance from Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, Development Standards location. United Alloys, Inc., is requesting temporary reduction in the number of required automobile parking spaces on its property to accommodate the Page 3 of 14 Regular City Council Meeting Minutes April 17, 2002 installation of storage racks. United Alloys, has obtained a lease for the required number of parking spaces from an adjacent property owner. The variance is to allow the applicant to provide required automobile parking spaces on a leased portion of Packaging Advantage Corporation (PAC) property in compliance with Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance without tying the properties with a covenant as required by Section 26.4.2-8(b) of said ordinance. The property site for which a variance is sought is located at 3398 Leonis Boulevard in the City of Vernon. Submitted herewith are the following supporting documents: 1. Staff Report. 2. Request for a variance application permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area, and affidavits of posting and mailing. The project is categorically exempt from California Environmental Quality Act (CEQA) guidelines because it is an existing facility as described in Section 15301. It is hereby recommended that the City Council determine: 1. That the project is consistent with the General Plan as adopted by the City of Vernon. 2. That the project will not have a significant effect on the environment. 3. That the project will not individually or cumulatively have an adverse effect on wildlife resources. It is further recommended that the variance be granted subject 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. b) The facility shall be operated in a manner that will prevent unsanitary conditions, odors, or other nuisances. c) United Alloys shall repair any broken, cracked or displaced sidewalk, curbs, or gutters adjoining the site. d) Upon any expansion, or structural alteration of the building, or prior to August 19, 2009, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements, pursuant to section 26.4.6-4 (b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council. e) This variance shall automatically expire at the time of any expansion, or structural alteration of the building, or on August 19, 2009, whichever occurs Page 4 of 14 Regular City Council Meeting Minutes April 17, 2002 first, at which time the use of the parking, access or loading area(s) allowed by this variance shall be discontinued unless brought into compliance with all applicable standards for parking access and loading areas set forth in the Comprehensive Zoning Ordinance. It is the intent of the City Council that said parking, access, or loading area(s) be treated in the same manner as a legal nonconforming use subject to Section 26.4.E-4(b). f) Upon any change in use, or occupancy of all, or a portion of the site, the entire site shall be made to conform to all truck and automobile parking requirements and all truck loading requirements. g) All parking and loading areas necessary for United Alloys operations shall be striped in an acceptable manner to the Director of Community Services and Water shall be paved with a hard durable surface material, shall be adequately drained, kept free of dust, mud, trash, and weeds. Where parking, or maneuvering areas adjoin the public street, a barrier wall, or landscaping shall be maintained to meet City standards. Adequate on -site parking shall be maintained so that off-street parking will not occur. h) The project site shall be maintained substantially in compliance with the site plan submitted as part of this variance application. i) If United Alloys' lease with Packaging Advantage Corporation for the subject parking lot should expire, or terminate for any reason, then the temporary storage shelving units at 3398 Leonis Boulevard shall be demolished and required automobile parking restored. j) The Packaging Advantage Corporation parcel of land being leased to United Alloys shall be paved and striped in an acceptable manner to the Director of Community Services and Water and shall provide an adequate number of parking stalls so that the building at 3398 Leonis Boulevard is in full conformance with the City of Vernon's automobile parking standards. k) Non-compliance with the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require United Alloys to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance of the City of Vernon. It was moved by Davis, seconded by Gonzales, to close the public hearing, the time being 5:30 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the aforementioned communication from the Director of the Community Services and Water, dated April 11, 2002, and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. Page 5 of 14 Regular City Council Meeting Minutes April 17, 2002 It was moved by Gonzales, seconded by Ybarra, that City Council determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by Davis, seconded by McCormick, that City Council determines that the project will not have a significant effect on the environment. Motion carried. It was moved by Gonzales, seconded by Ybarra, that City Council determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. RESOLUTION NO. 7948 - A Resolution of the City Council of the City of Vernon Granting a Variance to United Alloys, Inc. from Section 26.4.2-8(b) of the Comprehensive Zoning Ordinance, for the Property Located at 3398 Leonis Boulevard in the City of Vernon, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7948 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 10, 2002, was presented, advising that the California Department of Conservation (CDC) has announced that, pursuant to Section 14581(a)(4)(A) of the California Beverage Container Recycling Litter Reduction Act, the City of Vernon is eligible for $10,000.00 in grant funds for the years 2001-02 and 2002-03. Due to an ongoing litter problem within the City and neighboring communities, staff is requesting to apply for grant funds and utilize them to develop and distribute public information items to promote recycling. If the CDC approves the grant, the Environmental Health Department is proposing to retain the services of KJ Services, their current Used Oil Recycling consultant, utilizing a portion of these funds. It is hereby recommended that the grant fund application be approved and executed and a Resolution adopted. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated April 10, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7949 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Grant Application Under the California Beverage Container Recycling and Litter Reduction Act to the Department of Conservation's Division of Recycling, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7949 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 11, 2002, was presented, transmitting a copy of the electronically submitted application to the Federal Emergency Management Agency (FEMA). The Fire Department is interested in securing 90/10 matching grant funds, which would enable the purchase of two (2) Thermal Imaging Cameras with equipment. The total amount requested is $25,500.00. This has been reviewed by the City Attorney, and it Page 6 of 14 Regular City Council Meeting Minutes April 17, 2002 is hereby recommended that a Resolution be adopted ratifying the submittal of the grant application to FEMA. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated April 11, 2002, be received and filed. Motion carried. RESOLUTION NO. 7947 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of an Application for Federal Assistance to Firefighters Grant from the Federal Emergency Management Agency, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7947 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 11, 2002, was presented, submitting Program Supplement No. M001, Administering Agency - State, Vernon -State of California Agreement for Federal -Aid Projects No. 07-5139, which includes two new special covenants to allow any funding for future phases of this project to be encumbered upon the approval of the "Request for Authorization" and Finance Letter. This has been reviewed by the City Attorney and it is hereby recommended that Program Supplement No. M001 be approved and a resolution adopted. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated April 11, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7944 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Program Supplement No. M001 Administering Agency -State Agreement for Federal -Aid Projects No. 07-5139 By and Between the City of Vernon and the State of California, Acting By and Through the Department of Transportation, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7944 be approved and adopted. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated March 28, 2002, was presented, requesting authority and funds for the below listed Environmental Health Specialists to attend the "Underground Tank Training Workshop" at Diamond Bar on June 4 through 6, 2002, with an expense allowance of $150.00 each. • David LeDuff • Lyndon Ong Yiu It was moved by Davis, seconded by Ybarra, that authority and funds be approved for the above listed Environmental Health Specialists to attend the aforementioned workshop with an expense allowance of $150.00 each. Motion carried. Page 7 of 14 Regular City Council Meeting Minutes April 17, 2002 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 28, 2002, was presented, requesting authority and funds for Secretary Trainee Cindy Calzada to attend the "Microsoft Excel Seminar" at Long Beach on April 29, 2002, with an expense allowance of $106.60. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Secretary Trainee Cindy Calzada to attend the aforementioned seminar with an expense allowance of $106.60. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 28, 2002, was presented, requesting authority and funds for Personnel Clerk Karina Rueda to attend the "Microsoft Excel Seminar" at Pasadena on May 9, 2002, with an expense allowance of $104.40. It was moved by McCormick, seconded by Davis, that authority and funds be approved for Personnel Clerk Karina Rueda to attend the aforementioned seminar with an expense allowance of $104.40. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 3, 2002, was presented, requesting authority and funds for Dispatcher Gina Trujillo to attend the "Public Safety Dispatcher Basic Course" at El Monte on May 6 through 24, 2002, with an expense allowance of $325.50, of which POST will reimburse $229.20. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Dispatcher Gina Trujillo to attend the aforementioned course with an expense allowance of $325.50. Motion carried. Communication from Steven E. Parker, Fire Chief, dated April 4, 2002, was presented, requesting authority and funds for the below listed Firefighters to attend the "Confined Space Rescue Operational Course" at Anaheim on May 20 through 24, 2002, with an expense allowance of $325.00 each. • Chad McGovney • Robert Farrell • Andrew Smith It was moved by Davis, seconded by McCormick, that authority and funds be approved for the above listed Firefighters to attend the aforementioned course with an expense allowance of $325.00 each. Motion carried. Page 8 of 14 Regular City Council Meeting Minutes April 17, 2002 Communication from Steven E. Parker, Fire Chief, dated April 4, 2002, was presented, requesting authority and funds for the below listed fire personnel to attend the "2002 Wildland Fire School Seminar" at Monterey County on June 21 through 23, 2002, with an expense allowance of $180.00 each. • Steve Ruffoni, Fire Captain • Stephen Agon, Fire Captain • Paul Johnson, Fire Engineer • Jeff Smith, Firefighter • Craig Peltier, Firefighter It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed fire personnel to attend the aforementioned seminar with an expense allowance of $180.00 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 4, 2002, was presented, requesting authority and funds for the below listed police personnel to attend the "Performance Rating Workshop" at San Juan Capistrano on May 29 and 30, 2002, with an expense allowance of $564.20 each, of which POST will reimburse the entire amount. • David Zapien, Sergeant • Brandon Gray, Police Officer It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the above listed police personnel to attend the aforementioned workshop with an expense allowance of $564.20 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 5, 2002, was presented, requesting authority and funds for the below listed police personnel to attend the "Tactics/Convert Crisis Entry Seminar" at Orange on May 21 and 22, 2002, with an expense allowance of $258.40 each, of which POST will reimburse $249.60. • Fernando Rodriguez, Sergeant • David Zapien, Sergeant • Roberto Sousa, Detective • Miguel Torres, Police Officer • Steve Wiles, Police Officer • Salvador Ramos, Police Officer • Ignacio Estrada, Police Officer • Jose Urita, Police Officer It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed police personnel to attend the aforementioned seminar with an expense allowance of $258.40 each. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated April 9, 2002, was presented, requesting authority and funds for himself to attend the "Environmental Health Education Symposium" at San Diego on May 20 through 24, 2002, with an expense allowance of $443.00. Page 9 of 14 Regular City Council Meeting Minutes April 17, 2002 It was moved by Davis, seconded by Gonzales, that authority and funds be approved for the Director of Environmental Health to attend the aforementioned symposium with an expense allowance of $443.00. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated April 10, 2002, was presented, transmitting the Minutes of the Regular Finance Committee Meeting held April 9, 2002, for approval of the recommendations contained therein. The Mayor advised that page three of the Minutes of Regular Finance Committee Meeting held April 9, 2002, be corrected to show that he abstained on the Woodbury matter. It was moved by Gonzales, seconded by Ybarra, that the Minutes of the Regular Finance Committee Meeting held April 9, 2002, be approved and adopted as corrected. Motion carried. RESOLUTION NO. 7946 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposal for Building and Safety Permit Tracking Software System, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 7946 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 10, 2002, was presented, transmitting the Agenda for the Regular Personnel Committee Meeting to be held April 15, 2002, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations on the Agenda for the Regular Personnel Committee Meeting held April 15, 2002, be approved. Motion carried. RESOLUTION NO. 7950 - A Resolution of the City Council of the City of Vernon Repealing Resolution No. 5941 Which Adopted a Dress and Grooming Policy, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7950 be approved and adopted. Motion carried. Warrant Register No. 1088 covering claims and demands presented during the period of March 28 through April 10, 2002, drawn on Wells Fargo Bank totaling $344,761.14, which includes demand nos. 203914 through 204151, (inclusive), excluding Utilities, demands and voided check no. 203976. (Accounting period April 2002). It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1088 be approved and payment authorized for claims and demands totaling $344,761.14, excluding Utilities' demands and voided check no. 203976. Motion carried. Page 10 of 14 Regular City Council Meeting Minutes April 17, 2002 Warrant Register No. 1088 covering claims and demands presented during the period of March 28 through April 10, 2002, drawn on Wells Fargo Bank totaling $1,303,133.41, which includes Utilities' demands nos. as listed below: (Accounting period April 2002). 203916 203928 203931 203934 203935 203937 203938 203939 203944 203949 203950 203958 203963 203964 203965 203966 203983 203984 204004 204009 204021 204028 204029 204034 204036 204040 204048 204050 204051 204054 204055 204061 204063 204065 204069 204070 204075 204078 204082 204086 204088 204095 204115 204117 204122 204123 204127 204133 204150 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 1088 be approved and payment authorized for Utilities' claims and demands totaling $1,303,133.41. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. Payroll Warrant Register No. 550 covering claims and demands presented during the period of February 10 through March 9, 2002. Drawn on Wells Fargo Bank totaling $1,733,255.18, which includes demand nos. 7512 through 7551 (inclusive). (Accounting Period: March 2002). It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 550 be approved and payment authorized for claims and demands totaling $1,733,255.18. Motion carried. The Mayor called a short recess at 5:55 p.m. The City Council reconvened in regular session at 5:59 p.m., all members present before the recess again being present. The City Clerk announced that now was the time to go into closed session on Item No. 1. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session on Item No. 1, the time being 6:00 p.m. Motion carried. All persons were excused from closed session with the exception of the City Administrator/City Clerk, Chief Deputy City Clerk, Assistant to the Chief Deputy City Clerk, Director of Community Services and Water, and City Attorney. The Mayor ordered all communications to and from closed session deemed privileged and confidential. Page 11 of 14 Regular City Council Meeting Minutes April 17, 2002 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code § 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION A Utilityman III entered closed session at 6:01 p.m., and was excused from closed session at 6:05 p.m. Another, Utilityman III entered closed session at 6:05 p.m., and was excused from closed session at 6:11 p.m. A Utilityman II entered closed session at 6:11 p.m., and was excused from closed session at 6:20 p.m. The Director of Community Services and Water was excused from closed session at 6:27 p.m. It was moved by Davis, seconded by Ybarra, that the City Council go out of closed session on Item No. 1 and resume regular session, the time being 6:28 p.m. Motion carried. The City Clerk announced that now was the time to go into closed session on Item Nos. 2 and 3. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session on Item Nos. 2 and 3, the time being 6:28 p.m. Motion carried. All persons were excused from closed session with the exception of the City Administrator/City Clerk, Chief Deputy City Clerk, Assistant to the Chief Deputy City Clerk, and City Attorney. The Mayor ordered all communications to and from 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 § 54956.9. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (b) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663 (Restructuring); (c) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (d) Vernon v. All Persons; LASC No. BC 222145; CA B148676; (e) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; Shell Chemical Company, et al. v. County of Los Angeles, et al., USDC Case No. 00-01917 MRP (MANx); Phillips Petroleum Company, et al., v. County of Los Angeles, et al., USDC Case No. CV00-01938 MRP (MANx) ; (f) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280(a) and A-1280(b); (g) City of Torrance, et al v. State Compensation Insurance Fund, Case Number Unknown; Page 12 of 14 Regular City Council Meeting Minutes April 17, 2002 (h) Kelly Pipe Co., etc. v. Valley Engineers, Inc., etc., et al; Valley Engineers, Inc., etc. v. City of Vernon, etc. et al., LASC Case No. BC 227815; (i) Alameda Corridor Transportation Authority, etc. v. City of Vernon, etc., et al., LASC Case No. BC 238846 cons. with City of Vernon v. Alameda Corridor Transp. Auth., LASC Case No. BC 238841; (j) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ERO1-313 (ISO); FERC Docket Nos. EL00-95- 022/EL00-98-021 (SDG&E); FERC Docket Nos. EL00-95- 023/EL00-98-022 (ISO); FERC Docket Nos. EL00-95- 024/EL00-98-023 (PG&E); FERC Docket Nos. EL00-95- 025/EL00-98-024 (SCE); FERC Docket No. ER01-1579 (ISO); FERC Docket No. ELO1-57-000 (Reliant Energy, etc. et al. v. ISO); EL01-75 (Vernon v. ISO); USCA No. 01-1187 (consolidated with 01-1190) (PG&E v. FERC); FERC Docket No. EL00-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket Nos. RT01-82 (SDG&E), RTO1-83 (PG&E), RT01-85 (ISO) and RTO1-92 (SCE); SRP v. ISO, FERC Docket No. ELO1-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-250 ((ISO); FERC Docket No. ER02-599 ((ISO); FERC Docket No. ER02-635 ((SDG&E); FERC Docket No. ER02-636 (SCE); FERC Docket No. ER02- 637 (PG&E); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-925 (SCE) ; (k) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (1) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (m) City of Corona v. All Persons, etc. et al., RSC Case No. 351283; (n) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (o) FERC Docket No ELO1-33 (SCE/PX); FERC Docket No. EL01- 36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. ELO1-37 (SRP & SMUD v. PX); (p) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); (q) A-1 Steel Fence Co., Inc. v. Amelco Construction, et al., LASC (SE District) No. 01C00602; (r) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (s) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (t) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (u) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT Page 13 of 14 Regular City Council Meeting Minutes April 17, 2002 3. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: VICTOR RIOUX Agency Claimed Against: CITY OF VERNON Claimant: SILVIA CARDONA Agency Claimed Against: CITY OF VERNON Claimant: JAMES W. SOULE Agency Claimed Against: CITY OF VERNON It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session on Item Nos. 2 and 3 and resume regular session, the time being 6:35 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the discipline recommended by the Director of Community Services and Water and the City Administrator/City for the Utilityman III be approved. Motion carried. It was moved by Davis, seconded by Gonzales, that the discipline recommended by the Director of Community Services and Water and the City Administrator/City for the Utilityman III be approved. Motion carried. It was moved by Ybarra, seconded by McCormick, that the discipline recommended by the Director of Community Services and Water and the City Administrator/City for the Utilityman II be approved. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the liability claims for Victor Rioux, Silvia Cardona, and James W. Soule be rejected. Motion carried. It was moved by Gonzales, seconded by Davis, that the services of Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP be retained. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn, the time being 6:38 p.m. Motion carried. Leonis C. Ma burg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 14 of 14