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20020605 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 5, 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. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held May 22, 2002, be approved and adopted as submitted. Motion carried. The City Clerk announced that now was the time to present the Service Pins. The Mayor presented a Service Pin to the Utility Clerk Karon Berry for her 20 years of service and extended congratulations on behalf of the entire City Council. The following employee was unable to attend the meeting and his Service Pin was accepted by his department head. Fernando Flores Utilityman IV 5 years Police Department Activity Log for the period May 15 through 31, 2002, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period May 15 through 31, 2002, be received and filed. Motion carried. Fire Department Activity Report for the period May 15 through 31, 2002, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period May 15 through 31, 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 City Council at this time. There was no one in the audience wishing to address the City Council at this time. The City Clerk announced that now was the time to open the public hearing to consider the termination of a Non- exclusive Franchise Agreement for Solid Waste Management Services with Gemini Disposal Inc. Regular City Council Meeting Minutes June 5, 2002 It was moved by Davis, seconded by Gonzales, to open the public hearing to consider the termination of a Non- exclusive Franchise Agreement for Solid Waste Management Services with Gemini Disposal Inc., the time being 5:05 p.m. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 22, 2002, was presented, advising that on December 7, 1999, Gemini Disposal Inc., entered into a Non -Exclusive Franchise Agreement for Solid Waste Management Services with the City of Vernon. Health Department records indicate that Gemini Disposal Inc., has failed to provide: • Franchise fees for the 3rd and 4th Quarters of 2001 and the 1st Quarter of 2002, pursuant to Section 3.2. • Quarterly reports for the 3rd and 4th Quarters of 2001, and 18t Quarter of 2002, pursuant to Section 4.4. On May 7, 2002, the department was informed by mail that Gemini Disposal Inc., was purchased by Universal Waste System, a company that currently has a Non -Exclusive Franchise Agreement and is in compliance with the City. This has been reviewed by the City Attorney and it is hereby recommended that the Non - Exclusive Franchise Agreement with Gemini Disposal Inc., be terminated and approval be granted to the department to secure fees from the Performance Bond in file. The Director of Environmental Health addressed the City Council and briefly summarized this matter for them. He also advised that a Notice was properly posted and an Affidavit of Posting duly executed. It was moved by Ybarra, seconded by Gonzales, to close the public hearing regarding the termination of a Non-exclusive Franchise Agreement with Gemini Disposal, Inc., the time being 5:09 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated May 22, 2002, and any and all supporting documents submitted as evidence during the public hearing be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7981 - A Resolution of the City Council of the City of Vernon Terminating the Non -Exclusive Solid Waste Franchise Granted to Gemini Disposal, Inc. by the City of Vernon Pursuant to Resolution No. 7456, was presented. It was moved by Ybarra seconded by Davis, that Resolution No. 7981 be approved and adopted. Motion carried. The City Clerk advised that the following public hearing and resolution should be deferred to the next City Council Meeting. Public Hearing - to consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage transmission facilities and entitlements pursuant to Vernon's Transmission Owner Tariff. Page 2 of 12 Regular City Council Meeting Minutes June 5, 2002 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 30, 2002, advising that on August 29, 2000, this legislative body established the Transmission Revenue Requirement (TRR) associated with Vernon's high voltage transmission for the purpose of becoming a Participating Transmission Owner with the ISO. The TRR and Transmission Owner Tariff were approved by FERC on September 14, 2001, and requires the establishment of a Transmission Revenue Balancing Account Adjustment (TRBAA). Based on a testimony prepared by Peter J. Lanzalotta it is hereby recommended that the TRBAA and Appendix I to the Transmission Owner Tariff, implementing the TRBAA, be approved and submitted to the ISO. RESOLUTION NO. 7980 - A Resolution of the City Council of the City of Vernon Establishing the Transmission Revenue Balancing Account Adjustment in Accordance with Vernon's Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment. It was moved by Davis, seconded by Ybarra, that the aforementioned public hearing and Resolution No. 7980 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 30, 2002, was presented, advising that on March 26, 2002, the Finance Committee recommended to enter into an Equipment Purchase Contract with Perry Equipment Corporation, for the purchase of two particulate filters and two auxiliary equipment at an approximate cost of $26,192.17. It is hereby recommended that such Contract be approved and executed. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated May 30, 2002 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7983 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and Perry Equipment Corporation, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7983 be approved and adopted. Motion carried. The City Clerk advised that the following communication and resolution should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 30, 2002, advising that on May 8, 2002, this legislative body approved entering into an Equipment Purchase Contract and issuance of a purchase order to Doble (c/o Young & Co.), for the purchase of a multi -phase protective relay and an additional module at an approximate cost of $57,765.00. It is hereby recommended that the Contract be executed. Page 3 of 12 Regular City Council Meeting Minutes June 5, 2002 RESOLUTION NO. 7975 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Doble Engineering Company, Inc. on Bid No. 1412 for the Purchase of a Multi -Phase Protective Relay Test Set for the Utilities Department and Approving and Authorizing the Execution of an Equipment Purchase And Software License Contract and the Issuance of a Purchase Order Respecting Said Bid. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated May 30, 2002, and Resolution No. 7975 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 30, 2002, was presented, advising that on May 22, 2002, the Finance Committee recommended entering into an Equipment Purchase and Professional Services Contract with Pioneer Standard, Inc., for the purchase of two servers, a back-up system, a storage network system, installation, and related training and support at an approximate cost of $140,000.00. It is hereby recommended that such Contract be executed. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated May 30, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7976 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and Pioneer -Standard Electronics, Inc., was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7976 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 28, 2002, was presented, transmitting the Actuarial Valuation Report prepared for the City of Vernon dated May 2, 2002, from Ca1PERS and an Amendment to the Contract. A copy of this Report is available for review by the general public. At this time it is recommended that the City provide additional retirement benefits (3% Q 50 Full Formula) to the Police Department's Sworn Personnel. The change in the present value of benefits if we proceed with the amendment is $4,057,512.00. The present value of future employer and employee contributions is $7,571,009.00. It is hereby recommended that the Actuarial Valuation Report be accepted and that approval be granted to proceed with a Notice of Intent which will enable us to proceed with required necessary action. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 28, 2002, be received and filed and his recommendation approved. Motion carried. Page 4 of 12 Regular City Council Meeting Minutes June 5, 2002 RESOLUTION NO. 7978 - A Resolution of the City Council of the City of Vernon Declaring its Intention to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees, Retirement System and the City Council of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7978 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 30, 2002, was presented, advising that in accordance with Government Section 65400(b), submitted herewith is the 2002 Annual Report on the Status of the Vernon General Plan as prepared by the Director of Community Services and Water. Said Report also meets the requirements of Section 21081.6 of the California Public Resources Code and it is hereby recommended that the Report be approved and a Resolution adopted approving same. The Mayor asked the Director of Community Services if he had any comments. Mr. Wilson responded that the only thing he had to communicate is that a number of traffic issues were taken care by the Alameda Corridor Transportation Authority (ACTA.) It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated May 30, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7982 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Annual Report on the General Plan for Fiscal Year 2001-2002, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7982 be approved and adopted. Motion carried. Communication from Steve Parker, Fire Chief, dated May 15, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "California Conference of Arson Investigators 2002 Training Seminar" at Seaside on June 22 through 24, 2002, with an expense allowance of $923.19 each. • Chris Hanson, Fire Engineer • Jason McEachran, Fire Engineer • Barry Schoolmeester, Firefighter It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the above listed fire personnel to attend the aforementioned seminar with an expense allowance of $923.19 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated May 15, 2002, was presented, requesting authority and funds for the below listed Police Officers to attend the "Bicycle Patrol Course" at Pasadena on June 25 through 27, 2002, with an expense allowance of $120.60, of which POST will reimburse $50.52 each. • Celestino Chavez • Brandon Gray Page 5 of 12 Regular City Council Meeting Minutes June 5, 2002 It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed police officers to attend the aforementioned course with an expense allowance of $120.60 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated May 17, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "Tactics/Covert Crisis Entry Course" at Orange on June 18 and 19, 2002, with an expense allowance of $258.40, of which POST will reimburse $249.60 each. • Fernando Rodriguez, Sergeant • Roberto Sousa, Detective • Francesco Pirello, Detective • Steve Wiles, Police Officer • Ignacio Estrada, Police Officer • Salvador Ramos, Police Officer • Miguel Zendejas, Police Officer It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed police officers to attend the aforementioned course with an expense allowance of $258.40 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 20, 2002, was presented, requesting authority and funds for Secretary Trainee Cindy Calzada to attend the "Business Writing Basics Seminar" at Los Angeles on July 23, 2002, with an expense allowance of $219.70. 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 $219.70. Motion carried. Communication from Bruce Olson, Chief of Police, dated May 22, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "Tools for Tolerance Seminar" at Los Angeles on June 24, 2002, with an expense allowance of $17.80, of which POST will reimburse $14.76 each. • Alexandra Ronquillo, Dispatcher • Richard Villegas, Vernon Service Officer It was moved by McCormick, seconded by Ybarra, that authority and funds be approved for the above listed police personnel to attend the aforementioned seminar with an expense allowance of $17.80 each. Motion carried. Communication from S. Kevin Wilson, Director of Community Services and Water, dated May 30, 2002, was presented, requesting authority and funds for himself and Code Enforcement Inspector Kevin Murphy to attend the "2001 CBC Nonstructural Update Seminar" at Costa Mesa on June 24, 2002, with an expense allowance of $165.00 and $190.20 respectively. Page 6 of 12 Regular City Council Meeting Minutes June 5, 2002 It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for the Director of Community Services and Water and Code Enforcement Inspector Kevin Murphy to attend the aforementioned seminar with an expense allowance of $165.00 and $190.20 respectively. Motion carried. Communication from S. Kevin Wilson, Director of Community Services and Water, dated May 30, 2002, was presented, requesting authority and funds for Building Inspector Wenceslao "Pepe" Reynoso to attend the "2001 CBC Nonstructural Update Seminar" at Pasadena on June 25, 2002, with an expense allowance of $177.00. It was moved by Davis, seconded by McCormick, that authority and funds be approved for Building Inspector Wenceslao "Pepe" Reynoso to attend the aforementioned seminar with an expense allowance of $177.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 30, 2002, was presented, requesting authority and funds for Administrative Aide Christopher Romero to attend the "League of California Cities Redevelopment Conference" at Monterey on July 26 and 27, 2002, with an expense allowance of $808.50. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Administrative Aide Christopher Romero to attend the aforementioned conference with an expense allowance of $808.50. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 29, 2002, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held June 4, 2002, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations on the Agenda for the Adjourned Regular Finance Committee Meeting held June 4, 2002, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 29, 2002, was presented, transmitting the Minutes of the Adjourned Regular Finance Committee Meeting held May 28, 2002, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Ybarra, that the Minutes of the Adjourned Regular Finance Committee Meeting held May 28, 2002, be approved. Motion carried. RESOLUTION NO. 7979 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Consulting Services Agreement By and Between the City of Vernon and Lindborg & Associates, Inc., was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 7979 be approved and adopted. Motion carried. Page 7 of 12 Regular City Council Meeting Minutes June 5, 2002 Communication from Bruce V. Malkenhorst, Director of Finance, dated May 29, 2002, transmitting the Agenda for the Regular Personnel Committee Meeting to be held June 3, 2002, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular Personnel Committee Meeting held June 4, 2002, be approved. Motion carried. Warrant Register No. 1091 covering claims and demands presented during the period of May 16 through May 29, 2002, drawn on Wells Fargo Bank totaling $775,173.68, which includes demand nos. 204760 through 204998, (inclusive), excluding Utilities' demands and voided check no. 204822. (Accounting period June 2002). It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 1091 be approved and payment authorized for claims and demands totaling $775,173.68, excluding Utilities' demands and voided check no. listed above. Motion carried. Warrant Register No. 1091 covering claims and demands presented during the period of May 16 through May 29, 2002, drawn on Wells Fargo Bank totaling $6,169,549.34, which includes Utilities' demands nos. as listed below: (Accounting period June 2002) . 204770 204774 204775 204778 204781 204782 204787 204788 204809 204810 204811 204812 204817 204821 204824 204825 204827 204829 204837 204841 204857 204858 204859 204861 204871 204891 204900 204904 204926 204931 204940 204943 204945 204958 204965 204973 204980 204984 204990 204992 204995 204996 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 1091 be approved and payment authorized for Utilities' claims and demands totaling $6,169,549.34. 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. The City Clerk advised that the following communication should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 30, 2002, recommending that City Council reaffirm employee benefits. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated May 30, 2002, be deferred to the next meeting. Motion carried. The City Clerk advised that the following Resolution No. 7978 is a duplicate resolution that was approved earlier at this meeting (page no. 4.) Page 8 of 12 Regular City Council Meeting Minutes June 5, 2002 RESOLUTION NO. 7978 - A Resolution of the City Council of the City of Vernon Declaring its Intention to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees, Retirement System and the City Council of the City of Vernon. It was moved by McCormick, seconded by Gonzales, that it be acknowledged that the Resolution No. 7978 is a duplicate resolution that was approved earlier during this meeting. Motion carried. The City Clerk advised that the following resolution be removed from the agenda. RESOLUTION NO. 7985 - A Resolution of the City Council of the City of Vernon Regarding Expense Reimbursement. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 7985 be removed from the agenda and no action taken at this time. Motion carried. The Mayor called a short recess at 5:45 p.m. The City Council reconvened in regular session at 5:49 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 Gonzales, seconded by Davis, that the City Council go into closed session on Item No. 1, the time being 5:45 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. 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 It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session on Item No. 1 and resume regular session, the time being 6:14 p.m. Motion carried. The City Clerk announced that now was the time to go into closed session on Item No. 2. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session on Item No. 2, the time being 6:15 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. Page 9 of 12 Regular City Council Meeting Minutes June 5, 2002 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) 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; (h) 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; (i) 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. ERO1-1579 (ISO); FERC Docket No. ELO1-57-000 (Reliant Energy, etc. et al. v. ISO); ELO1-75 (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. RTO1-82 (SDG&E), RT01-83 (PG&E), RTO1-85 (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) ; (j) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (k) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (1) City of Corona v. All Persons, etc. et al., RSC Case No. 351283; Page 10 of 12 Regular City Council Meeting Minutes June 5, 2002 (m) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (n) 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); (o) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (p) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (q) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (r) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (s) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session on Item No. 2, the time being 6:17 p.m. Motion carried. The City Clerk announced that Item No. 3 be deferred to the next City Council Meeting. 3. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: PAUL CARLTON FAIR Agency Claimed Against: CITY OF VERNON Claimant: PATRICIO BECERRA Agency Claimed Against: CITY OF VERNON Claimant: PAC BELL Agency Claimed Against: CITY OF VERNON It was moved by Gonzales, seconded by Ybarra, that the discipline recommended by the City Administrator for the Utility Clerk be approved. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Attorney be authorized to prepare a Resolution addressing the content of life insurance policies and bring it back to the Council for further review. Motion carried. It was moved by Ybarra, seconded by McCormick, to approve the settlement and Release Agreement in the matter of Valley Engineers, Inc., v. City of Vernon, LASC Case No. BC 227815, and to authorize the Mayor to execute the Agreement on behalf of the City. Motion carried. The City Attorney requested that the City Council again go into closed session on Item No. 2. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session on Item No. 2, the time being 6:23 p.m. Motion carried. Page 11 of 12 Regular City Council Meeting Minutes June 5, 2002 Everyone was 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 be deemed privileged and confidential. It was moved by Ybarra, seconded by Davis, that City Council go out of closed session and resume regular session. Motion carried, the time being 6:25 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that City Council approve a retainer agreement between the City Attorney's office and Winner & Associates, on behalf of the City, to assit in connection with issues relating to the case of Vernon v. All Persons, LASC No. BC 222145, and authorize the City Attorney to execute the agreement on behalf of the City. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn, the time being 6:24 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk eonis C. Mal rg Mayor Page 12 of 12