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20030402 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 2, 2003, 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 Davis, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held March 19, 2003, be approved and adopted as submitted. Motion carried. The City Clerk announced that now was the time to present Service Pins. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council. James Dunn Paul Cerda Phillip Swinford Fire Captain Police Officer Police Officer Police Department Activity Log for the period March 16 through 31, 2003, was presented. 40 years 5 years 5 years It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period March 16 through 31, 2003, be received and filed. Motion carried. Fire Department Activity Report for the period March 16 through 31, 2003, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period March 16 through 31, 2003, 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 on. There was no one wishing to address the City Council at this time. The City Clerk announced that now was the time to open the hearing to consider the Disability Retirement from Larry J. Weaver. (Deferred from the City Council Meeting held March 5, 2003) It was moved by Ybarra, seconded by Gonzales, to open the hearing to consider the Industrial Disability Retirement for Larry J. Weaver, the time being 5:10 p.m. Motion carried. Regular City Council Meeting Minutes April 2, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 28, 2003, was presented, advising that the City has reviewed Mr. Larry Weaver's personnel file and any available workers' compensation proceedings in relation to his case. This review does not appear to justify a determination by the City Council that Mr. Weaver qualifies for disability retirement in accordance with Government Code Sections 21154 and 21156. This has been reviewed by the Risk Manager and it is hereby recommended that Mr. Weaver's request for disability retirement be denied. (Deferred from the City Council Meeting held March 5, 2003.) The City Attorney discussed this issue and advised that further information has been reviewed and based on that information the City Administrator is recommending that the Industrial Disability Retirement Application be approved. It was moved by Gonzales, seconded by Davis, to close the hearing pertaining to the Industrial Disability Retirement Application from Larry J. Weaver, the time being 5:11 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Clerk, dated January 28, 2003, and any and all supporting documents submitted as evidence during the hearing be received and filed and the Industrial Disability Retirement for Larry J. Weaver be approved and granted. Motion carried. RESOLUTION NO. 8136 - A Resolution of the City Council of the City of Vernon Granting the Disability Retirement of Larry J. Weaver, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21154 and 21156). (Deferred from the City Council Meeting held March 5, 2003.), was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8136 be approved and adopted. Motion carried. The City Clerk announced that it was time to open the public hearing to consider a conditional use permit application from A -American Self Storage to operate a self -storage facility at 4250 Alameda Street, Vernon, California. It was moved by Davis, seconded by Ybarra, to open the public hearing to consider a conditional use permit application from A -American Self Storage to operate a self - storage facility at 4250 Alameda Street, Vernon, California, the time being 5:15 p.m. Motion carried. The Director of Community Services and Water addressed the City Council and briefly summarized this matter. Page 2 of 14 Regular City Council Meeting Minutes April 2, 2003 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated March 26, 2003, was presented, advising that A -American Self Storage has submitted an application for a conditional use permit. A -American Self Storage proposes to operate an existing public self -storage facility located at 4250 Alameda Street, which was previously operated by Alameda Self Storage. The proposed use will consist of a self -storage facility for storage of personal materials that will operate from 8:00 a.m. to 6:00 p.m. Monday through Saturday and Sunday from 10:00 a.m. to 4:00 p.m. The proposed site is located in the M-Zone, General Industrial. The applicant has not proposed any changes to the size, shape or topography of the existing site. Submitted herewith are the following supporting documents: 1. Staff Report dated March 26, 2003. 2. Request for conditional use 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 CEQA because it is an existing facility as described in Section 15301. A Notice of Exemption will be prepared. The proposed operation will pose no adverse effects to the City of Vernon and will have no significant effects on the environment. The project is consistent with the General Plan as Adopted by the City of Vernon. 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 a Notice of Exemption be filed with the County Clerk and the conditional use permit be granted subject to the following conditions: a. The facility shall be operated in accordance with, and made to conform with all current codes, rules and regulations, and subject to permit fees and taxes as adopted by the City of Vernon not otherwise addressed by this grant of a conditional use permit. b. All parking and loading facilities shall be paved with a hard durable surface material, shall be adequately drained, and kept free of dust, mud, trash, and weeds. Where parking or maneuvering areas adjoin the public street, a barrier wall or landscaping shall be installed and maintained to meet City standards. Adequate on -site parking shall be maintained so that off-street parking will not occur. Page 3 of 14 Regular City Council Meeting Minutes April 2, 2003 C. All required federal, state, local, and regulatory agency permits shall be obtained prior to operation. Prior to occupancy, a business license and occupancy permit shall be obtained. d. The facility shall be operated in a manner that will not impede traffic on Alameda Street. e. All required frontage improvements shall be constructed and all existing cracked sidewalk, curb, and gutter adjacent to the site on Alameda Street shall be repaired and maintained to meet City Standards. f. The project site shall be maintained substantially in compliance with the site plans submitted as part of this conditional use permit application. g. Adequate trash receptacles shall be provided on site to keep litter to a minimum. A collection service shall be by a City of Vernon Franchised Solid Waste Hauler. Trash area shall be maintained in effort to divert rainfall around enclosure. All litter blown or dropped on adjacent properties shall be retrieved and disposed of on a daily basis by A -American Self Storage or an employee of the building located at 4250 Alameda Street. h. Any extension, expansion, change in use, change in ownership interest, and/or the issuance of a new occupancy permit shall require a new conditional use permit. i. The parking, driveway access, and landscaping shall be maintained in accordance with the site plan, which was submitted with this application. No changes shall be made in the site development except with the prior approval of the Director of Community Services & Water. j. The building shall be maintained so as to prevent the entrance of rodents. k. No hazardous materials, including without limitation, explosives, corrosives, ammunition, flammable liquids, solvents, gasoline, chemicals or combustibles, or compressed gasses may be stored in the storage units, nor may any tenant engage in any spray painting or sanding in the storage facility. 1. A -American Self Storage shall post signs on each floor that read "No Hazardous Materials Permitted" and "No Food Storage is Permitted". M. All storage units shall be equipped with landlord's lock. Page 4 of 14 Regular City Council Meeting Minutes April 2, 2003 n. The landlord shall keep at all times a master list of tenants and access to the units shall be granted only to the tenant or his agent when a signature of one so authorized is on file. o. All leases submitted by the public storage facility to the tenants shall include the requirement for periodic safety inspections by the City of Vernon. P. A landlord's representative shall be on the premises at all times during normal business hours and a list of all persons entering the building shall be maintained and made available to the City of Vernon inspectors. q. Whenever a public storage facility is discontinued for a period of two hundred seventy (270) days or not maintained in a suitable condition, the permit may be voided. r. All other police, fire, health and community services department requirements not listed herein shall be complied with. S. Upon any expansion or structural alteration of the building, or the advent of August 19, 2009, whichever occurs first, 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.E-4(b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council. The Mayor asked if there were any questions and no one from the audience wished to address this issue. It was moved by Gonzales, seconded by McCormick, to close the public hearing to consider a conditional use permit application from A -American Self Storage to operate a self - storage facility at 4250 Alameda Street, Vernon, California, the time being 5:20 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that City Council determine that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by McCormick, seconded by Davis, that City Council determine that the project will not have a significant effect on the environment. Motion carried. It was moved by Ybarra, seconded by Gonzales, that City Council determine that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Ybarra, seconded by Davis, that a Notice of Exemption be filed with the County Clerk. Motion carried. Page 5 of 14 Regular City Council Meeting Minutes April 2, 2003 It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated March 26, 2003, 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. 8176 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to A - American Self Storage for the Operation of a Public Self Storage Mini -Warehouse at 4250 Alameda Street in City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8176 be approved and adopted. Motion carried. The City Clerk advised that the following communication dated February 27, 2003 and Resolution No. 8166 be removed from the agenda and no action be taken at this time. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated February 27, 2003, advising that this legislative body previously agreed to rebate a portion of Kal Kan Food, Inc.'s personal property tax. This was based on Kal Kan's intent to expand their manufacturing facility. As a condition of that agreement a Utility Use Agreement for the purchase and use of electricity, water, natural gas, and communication services for a five (5) year period has been prepared. This has been reviewed by the City Attorney and it is hereby recommended that the Utility Use Agreement be approved and executed. (Deferred from City Council Meeting held March 19, 2003.) RESOLUTION NO. 8166 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Utility Use Agreement By and Among the City of Vernon, the Redevelopment Agency of the City of Vernon and Kal Kan Foods, Inc. (Deferred from City Council Meeting held March 19, 2003.) It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated February 27, 2003 and Resolution No. 8166 be removed from the agenda and no further action be taken at this time. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 25, 2003, was presented, advising that on April 3, 2002, this legislative body adopted Ordinance No. 1083 declaring a moratorium on the acceptance of applications and/or the issuance of permits for any advertising displays and signs pending further study. On May 22, 2002, Ordinance No. 1086 was adopted extending this moratorium. Pursuant to Government Code Section 65858, it is necessary that the moratorium be extended for one year. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that Interim Ordinance No. 1093 be approved and adopted. Page 6 of 14 Regular City Council Meeting Minutes April 2, 2003 It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated April 3, 2003, be received and filed and his recommendation approved. Motion carried. ORDINANCE NO. 1093 - An Interim Ordinance of the City Council of the City of Vernon Extending Interim Ordinance No. 1083, Making Findings with Respect Thereto, Declaring the Urgency Thereof and a Basis for Said Ordinance to Take Effect Immediately, was presented. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1093 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, Gonzales, McCormick, Davis Noes: None Absent: None Abstained: None Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 25, 2003, was presented, submitting a duplicate copy of the electronic application for the Federal Emergency Management Agency's (FEMA) Grant for $325,000.00. The Fire Department is interested in securing 90/10 matching grant funds, to allow the purchase of twenty-five (25) mobile and twenty (20) handheld, UHF/VHF/800 type communication radios, to interact with other agencies regardless frequency type. The City's obligation would be approximately $32,500.00 (10%). This has been reviewed by the Fire Chief, and it is hereby recommended that a Resolution be adopted authorizing the Fire Chief to digitally sign and submit the application to FEMA. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated March 25, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8177 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application for Federal Assistance to Firefighters Grant from the Federal Emergency Management Agency, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8177 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 27, 2003, was presented, advising that on March 5, 2003, this legislative body approved Resolution No. 8165, authorizing the issuance of Request for Proposals to qualified Environmental Consultants to perform soil investigation and remediation on the recently acquired former U.S. Postal Service property for the purpose of the construction of the I-710 Atlantic/Bandini Interchange Improvement Project. Page 7 of 14 Regular City Council Meeting Minutes April 2, 2003 On March 19, 2003, five (5) proposals were submitted and evaluated by the Health Department and the Community Services and Water Department. ConservTech Group appears to be the best - qualified vendor and it is hereby recommended that a purchase order be issued to perform said work at an approximate cost of $18,036.00. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated March 27, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8175 - A Resolution of the City Council of the City of Vernon Accepting the Proposal of ConservTech Group to Perform Soil Investigation and Remediation of Property for the I-710 Atlantic/Bandini Interchange Improvement Project for the Community Services & Water Department and Authorizing the Issuance of a Purchase Order Respecting Said Proposal, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8175 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 27, 2003, was presented, advising that on December 4, 2002, the City entered into a Janitorial Services Agreement with Pinnacle Care, Inc. Due to their inability to meet the terms on the contract, on February 26, 2003, the City of Vernon contacted Grace Building Maintenance, the second lowest bidder. On March 10, 2003, Grace Building Maintenance provided a quote for janitorial services at a cost of $4,600.00 per month for a one-year contract. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that the Janitorial Services Agreement with Pinnacle Care, Inc., be terminated, the Agreement with Grace Building Maintenance be approved and executed for said services. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated March 27, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8174 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Janitorial Services for City Hall and Related Facilities By and Between the City of Vernon and Grace Building Maintenance Co., Inc., was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8174 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated March 4, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "D.A.R.E. In -Service Training Seminar" at Modesto on April 15 through 17, 2003, with an expense allowance of $549.36 each: • Inez Aragon, Detective • Maria Madrigal, Police Officer Page 8 of 14 Regular City Council Meeting Minutes April 2, 2003 It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed police personnel to attend the aforementioned seminar with an expense allowance of $549.36 each. Motion carried. Communication from Steve Parker, Fire Chief, dated March 13, 2003, was presented, requesting authority and funds for the below listed firefighters to attend the "Emergency Trench Rescue and Shoring Class" at Anaheim on April 15 and 16, 2003, with an expense allowance of $125.00 each. • Brian Brown • Jonathan Flagler • Frank Quinones It was moved by Gonzales, seconded by McCormick, that authority and funds be approved for the above listed fire personnel to attend the aforementioned class with an expense allowance of $125.00 each. Motion carried. Communication from Steve Parker, Fire Chief, dated March 13, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Swift Water Operational Technician I Class" at Anaheim on April 28 through 30, 2003, with an expense allowance of $200.00 each. • William Foltz, • Anthony Fish, • James Espalin, Fire Engineer Firefighter Firefighter It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed fire personnel to attend the aforementioned class with an expense allowance of $200.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 18, 2003, was presented, requesting authority and funds for himself to attend the "California Contract Cities Association 44th Annual Seminar" at Indian Wells on May 28, 2003 through June 1, 2003, with an expense allowance of $1,621.40. It was moved by Davis, seconded by Ybarra, that authority and funds be approved for the City Administrator/City Clerk Bruce V. Malkenhorst to attend the aforementioned seminar with an expense allowance of $1,621.40. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 18, 2003, was presented, requesting authority and funds for the below listed councilmen to attend the "California Contract Cities Association 44th Annual Seminar" at Indian Wells on May 28, 2003 through June 1, 2003, with an expense allowance of $1,185.40 each. • Hilario "Larry" Gonzales • William "Bill" Davis • W. Michael McCormick Page 9 of 14 Regular City Council Meeting Minutes April 2, 2003 It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed councilmen to attend the aforementioned seminar with an expense allowance of $1,185.40 each. Motion carried. Communication from Steve Parker, Fire Chief, dated March 20, 2003, was presented, requesting authority and funds for Firefighter James Espalin to attend the "Investigation IB Module" at Garden Grove on May 19 through 23, 2003, with an expense allowance of $110.00. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the Firefighter James Espalin to attend the aforementioned module with an expense allowance of $110.00. Motion carried. Communication from Steve Parker, Fire Chief, dated March 26, 2003, was presented, requesting authority and funds for the below listed firefighters to attend the "Hazmat Technician Modules lA & 1B" at Rancho Dominguez on May 12 through 23, 2003, with an expense allowance of $700.00 each. • Matthew Holtzendorff • Frank Quinones • Scott Metz It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for the above listed fire personnel to attend the aforementioned modules with an expense allowance of $700.00 each. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated March 25, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Criticism & Discipline Skills for Managers Seminar" at Long Beach on May 7, 2003, with an expense allowance of $159.00 each. • Mike DeFrank, Project Engineer • Roger Conant, Engineering Aide It was moved by Davis, seconded by McCormick, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of $159.00 each. Motion carried. Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated March 26, 2003, was presented, requesting authority and funds for Plan Checker Wenceslao "Pepe" Reynoso to attend the "Nonresidential Disabled Access Seminar" at San Diego on April 17, 2003, with an expense allowance of $240.75. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Plan Checker Wenceslao "Pepe" Reynoso to attend the aforementioned seminar with an expense allowance of $240.75. Motion carried. Page 10 of 14 Regular City Council Meeting Minutes April 2, 2003 Communication from Bruce V. Malkenhorst, Director of Finance, dated March 27, 2003, was presented, transmitting the Minutes for the Regular Finance Committee Meeting held March 25, 2003, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations on the Minutes of the Regular Finance Committee Meeting held March 25, 2003, be approved. Motion carried. RESOLUTION NO. 8178 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Two to Agreement for Professional Consulting Services By and Between the City of Vernon and Michael R. Kodama Planning Consultants, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8178 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 27, 2003, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held April 2, 2003, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations on the Agenda for the Adjourned Regular Personnel Committee Meeting held April 2, 2003, be approved. Motion carried. Warrant Register No. 1111 covering claims and demands presented during the period of March 13, 2003 through March 27, 2003, drawn on Wells Fargo Bank totaling $1,184,591.64, which includes demand nos. 209701 through 209922, (inclusive), excluding Utilities' demands and voided check no. 209748 (Accounting period April 2003). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1111 be approved and payment authorized for claims and demands totaling $1,184,591.64, excluding Utilities' demands and voided check as listed above. Motion carried. Warrant Register No. 1111 covering claims and demands presented during the period of March 13, 2003 through March 27, 2003, drawn on Wells Fargo Bank totaling $5,012,318.59, which includes Utilities' demands nos. as listed below: (Accounting period April 2003). 209707 209708 209713 209714 209715 209718 209719 209721 209724 209726 209731 209735 209742 209745 209746 209749 209752 209753 209754 209762 209763 209771 209784 209788 209790 209796 209797 209818 209820 209821 209822 209832 209834 209842 209852 209874 209883 209892 209908 209911 209920 209921 Page 11 of 14 Regular City Council Meeting Minutes April 2, 2003 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1111 be approved and payment authorized for Utilities' claims and demands totaling $5,012,318.59. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have material financial effect on his source of income. The City Attorney asked that the following item be deferred to the next Council Meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 13, 2003, advising that staff of the Utilities Department and the City Attorney have been negotiating changes to the Transmission Service Agreement with Sunlaw Cogeneration Partners I. It is hereby recommended that if the proposed amendment, as prepared by the City Attorney's office, meets with SunLaw's approval that it be approved & executed. It was moved Gonzales, seconded by Ybarra, that the aforementioned matter pertaining to Sunlaw Cogeneration Partners I be deferred to the next City Council meeting. 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 there was nothing to be discussed in closed session on Items No. 1 and 2. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54957. a. Conference with Labor Negotiator Agency Negotiator: City Administrator Unrepresented classification The City Clerk advised that now was the time to go into closed session on Item Nos. 3, 4, and 5. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session on Item Nos. 3, 4, and 5, the time being 5:50 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, Chief Deputy City Clerk, and Assistant to the Chief Deputy City Clerk. Page 12 of 14 Regular City Council Meeting Minutes April 2, 2003 The Mayor ordered all communications to and from closed session deemed privileged and confidential. 3. 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) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663 (Restructuring); (b) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (c) Vernon v. All Persons; LASC No. BC 222145; CA B148676; (d) 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) ; (e) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280 (a) and A-1280 (b) ; (f) 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; (g) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ER00-105 (Vernon); FERC Docket No. ER01-313 (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. EL01-57-000 (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. RT01-82 (SDG&E), RTO1-83 (PG&E), RT01-85 (ISO) and RT01-92 (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. ER02-599 ((ISO); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-1656 (ISO); EL02-103 (Vernon); FERC Docket No. ER02-2321 (ISO); FERC Docket No. EL03-14 (Azusa); FERC Docket No. EL03-15 (Anaheim); FERC Docket No. EL03-20 (Riverside); FERC Docket No. EL03- 21 (Banning); FERC Docket No. ER03-142 (SCE); FERC Docket No. EL03-31 (Vernon TRBA); FERC Docket No. ER03-219 (ISO); ER03-338 (SCE); PA02-2-001; FERC Docket No.ER03-310 (ISO); FERC Docket No. ER03-407 (ISO) ; (h) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (i) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); Page 13 of 14 Regular City Council Meeting Minutes April 2, 2003 (j) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (k) FERC Docket No ELO1-33 (SCE/PX); FERC Docket No. EL01- 36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. EL01-37 (SRP & SMUD v. PX); (1) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (m) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (n) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (o) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (p) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (q) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (r) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H.P. District); (s) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case No. BC 265905; (t) JVL Books, Inc. v. Vernon; USDC No. CV-03-2033 SVW (MCx) ; 4. With respect to every item of business to be discussed in closed session pursuant to subdivision (b) of Government Code 54956.9. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation: One (1) potential case. 5. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: MARY BETH HYDE Agency Claimed Against: CITY OF VERNON It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session and resume regular session, the time being 6:00 p.m. 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 City Council Meeting adjourn, the time being 6:01 p.m. Motion carried. ATTEST: /Zzz1_ Bruce V. Malkenhorst City Clerk Leonis C. Malbu Mayor Page 14 of 14