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20030521 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MAY 21, 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 MEMBERS ABSENT: McCormick The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held May 7, 2003, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 12, 2003, was presented, advising that the below listed employees qualified in the month of April 2003 for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Date of Hire Employee Award 05/25/97 Fernando Flores Utilityman IV 2 04/09/01 Jose Lugo Electrical Engineer 2 04/23/90 Albert DeLaCruz Utilityman III 13 04/09/90 Michael Hendrickson Substation Technician 13 The Mayor presented the 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. Date of Hire Employee Award 04/22/01 Oscar Zozaya Police Officer 2 04/27/98 Matthew Daniels Senior Substation Technician 3 05/24/99 David Hinojos Utilityman IV 3 03/16/86 Mario Mendoza Utilityman III 3 10/28/81 Melody Falvo Police Secretary 5 10/10/85 Dolores Fonseca Purchasing Assistant 6 08/27/90 Francesco Pirello Police Officer 6 06/22/90 Ben Busse Sergeant 8 08/01/79 Rose Gonzales Secretary 8 01/08/90 Jerry Winegar Sergeant 8 04/17/94 Eric Anderson Utilityman IV 9 04/16/80 Art Morales Utilityman II 9 06/26/89 Todd Hewett Fire Captain 11 02/26/90 Barry Schoolmeester Firefighter 11 06/13/85 Michael Chavez Sergeant 12 04/29/91 Linda Smith Utility Clerk 12 08/19/84 Richard Recano Substation Technician 13 05/13/84 Vince Rodriguez Project Engineer 15 Regular City Council Meeting Minutes May 21, 200.3 The Mayor called a short recess at 5:15 p.m. The City Council reconvened in regular session at 5:18 p.m., all members present before the recess again being present. Police Department Activity Log for the period May 1 through 15, 2003, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period May 1 through 15, 2003, be received and filed. Motion carried. Fire Department Activity Report for the period May 1 through 15, 2003, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period May 1 through 15, 2003, be received and filed. Motion carried. Risk Management Report for the month of April 2003, was presented. It was moved by Gonzales, seconded by Ybarra, that the Risk Management Report for the month of April 2003, be received and filed. Motion carried. Health Department Report for the month of April 2003, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of March 2003, be received and filed. Motion carried ORDINANCE NO. 1094 - An Ordinance of the City Council of the City of Vernon Amending Chapters 5 and 26 of the Code of the City of Vernon, California, 1959, by Adding Article VI to Chapter 5 and Article VI to Chapter 26 Relating to Adult or Sexually Oriented Businesses or Similar Businesses Within the City, Terminating the Moratorium Imposed by Ordinance No. 1091, and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith (SECOND AND FINAL READING), was presented. It was moved by Gonzales, seconded by Ybarra, that Ordinance No. 1094 be approved for a second and final reading. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis Noes: None Absent: McCormick 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. Page 2 of 17 Regular City Council Meeting Minutes May 21, 2003 The City Clerk announced that it was time to open the public hearing to consider a variance from Irish Green LLC., to utilize three non -conforming truck -loading spaces in compliance with Section 26.4.2-8(c) of the Development Standards of Comprehensive Zoning Ordinance. It was moved by Davis, seconded by Ybarra, to open the public hearing to consider a variance from Irish Green LLC., to utilize three non -conforming truck -loading spaces in compliance with Section 26.4.2-8(c) of the Development Standards of Comprehensive Zoning Ordinance, the time being 5:19 p.m. Motion carried. The Director of Community Services and Water addressed the City Council and briefly summarized this matter and his Staff Report. Communication from Kevin Wilson, Director of Community Services and Water, dated May 13, 2003, was presented, advising that Irish Green, LLC. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 3015 Leonis Boulevard in the City of Vernon. The variance is to allow the use of three (3) non -conforming truck -loading spaces. The loading spaces, however, will be restricted to trucks that do not extend into the public right-of-way. Submitted herewith are the following supporting documents: 1. Staff Report dated April 30, 2003. 2. Request for variance application permit, and information supporting the application. 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) because it is an existing facility as described in Section 15301. A Notice of Exemption will be prepared and filed with the County Clerk. It is hereby recommended that the City Council determine: A. The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a variance. B. The applicant shall maintain the yard clean, free of debris, and prevent the off -site migration of debris. C. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. D. Irish Green, LLC., Inc. shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. Page 3 of 17 Regular City Council Meeting Minutes May 21, 2003 E. 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.E-4(b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council. F. This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs 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. 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). G. Upon any change in use, occupancy, or ownership 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. H. All parking and loading areas necessary for Nadell & Co.'s (lessee) operations shall be striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a hard durable surface material and 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 maintained to meet City standards. Adequate on -site parking shall be maintained so that off-street parking will not occur. I. The project site shall be maintained substantially in compliance with the site plan submitted; as part of this variance application. J. The usage of the non -conforming truck loading spaces shall be limited so that any truck parked at or using the loading dock shall not extend into the street right-of- way as shown on the Master Plan of Streets, dated June 16, 1992. K. This variance shall only be valid while Irish Green, LLC., remains the owner of the property. A new variance will be required upon change of ownership. L. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. M. The facility shall be operated in a manner, which will not impede traffic on Leonis Boulevard. N. Signs shall be posted in front of the nonconforming truck loading spaces stating the restrictions on the length of the trucks accessing the subject loading docks. O. Noncompliance with the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, Irish Green, LLC., to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance. Page 4 of 17 Regular City Council Meeting Minutes May 21, 2003 The Mayor asked if anyone in the audience had any questions on this issue. Tom Adams of Nadell & Co. asked if City Council had any questions that he could answer. There were no questions for Mr. Adams. It was moved by Gonzales, seconded by Davis, to close the public hearing to consider a variance from Irish Green LLC., to utilize three non -conforming truck -loading spaces in compliance with Section 26.4.2-8(c) of the Development Standards of Comprehensive Zoning Ordinance, the time being 5:23 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the Director of Community Services and Water, dated May 13, 2003, and any and all supporting documents submitted as evidence during the public hearing be received and filed; and, his recommendation be approved. Motion carried. RESOLUTION NO. 8197 - A Resolution of the City Council of the City of Vernon Granting a Variance to Irish Green, LLC. from Section 26.4.2-8(C) of the Comprehensive Zoning Ordinance, for the Property Located at 3015 Leonis Boulevard in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8197 be approved and adopted. Motion carried. The City Clerk announced that it was time to open the public hearing to consider a request for a variance from American Bias, Inc., located at 2302 38th Street, to utilize one non -conforming truck -loading space in compliance with Section 26.4.2-8(c) of the Development Standards of Comprehensive Zoning Ordinance. It was moved by Ybarra, seconded by Davis, to open the public hearing to consider a request for a variance from American Bias, Inc., located at 2302 38th Street, to utilize one non -conforming truck -loading space in compliance with Section 26.4.2-8(c) of the Development Standards of Comprehensive Zoning Ordinance, 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 and his Staff Report. Communication from Kevin Wilson, Director of Community Services and Water, dated May 13, 2003, was presented, advising that American Bias, Inc. has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 2302 38th Street in the City of Vernon. The variance is to allow the use of one (1) non- conforming truck loading space. The loading space, however, will be restricted to trucks that do not extend into the public right-of-way. Page 5 of 17 Regular City Council Meeting Minutes May 21, 2003 Submitted herewith are the following supporting documents: 1. Staff Report dated April 30, 2003. 2. Request for 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) because it is an existing facility as described in Section 15301. A Notice of Exemption will be prepared and filed with the County Clerk. It is hereby recommended that the City Council determine: A. The facility shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a variance. B. The applicant shall maintain the yard clean, free of debris, and prevent the off -site migration of debris. C. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. D. American Bias, Inc. shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site. E. 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.E-4(b) of the Comprehensive Zoning Ordinance, unless a variance is granted by the Vernon City Council. F. This variance shall automatically expire at the time of any expansion or structural alteration of the building, or on August 19, 2009, whichever occurs 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). G. Upon any change in use, occupancy, or ownership 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. Page 6 of 17 Regular City Council Meeting Minutes May 21, 2003 H. All parking and loading areas necessary for American Bias, Inc.'s operations shall be striped in an acceptable manner to the Director of Community Services & Water and shall be paved with a hard durable surface material and 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 maintained to meet City standards. Adequate on - site parking shall be maintained so that off-street parking will not occur. I. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application. J. The usage of the non -conforming truck loading space shall be limited so that any truck parked at or using the loading dock does not extend into the street right-of-way as shown on the Master Plan of Streets, dated June 16, 1992. K. This variance shall only be valid while American Bias, Inc. remains the owner of the property. A new variance will be required upon change of ownership. L. All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases. M. The facility shall be operated in a manner, which will not impede traffic on 38th Street or Irving Street. N. Signs shall be posted in front of the nonconforming truck loading space stating the restrictions on the length of the trucks accessing the subject loading dock. O. Noncompliance with the conditions shall constitute sufficient grounds for the City Council of the City of Vernon to void this variance and require the applicant, American Bias, Inc. to comply with the automobile parking requirements of the Comprehensive Zoning Ordinance. The Mayor asked if anyone in the audience had any questions on this issue. Frank Orellano of American Bias discussed the parking arrangements. There were no other questions on this matter. It was moved by Gonzales, seconded by Davis, to close the public hearing to consider a request for a variance from American Bias, Inc., located at 2302 38th Street, to utilize one non -conforming truck -loading space in compliance with Section 26.4.2-8(c) of the Development Standards of Comprehensive Zoning Ordinance, the time being 5:27 p.m. Motion carried. Page 7 of 17 Regular City Council Meeting Minutes May 21, 2003 It was moved by Gonzales, seconded by Davis, that the City Council determine that this project be categorically exempt from the California Environmental Quality Act. It was moved by Ybarra, seconded by Davis, that a notice of Exemption be approved and filed with the County Clerk. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the Director of Community Services and Water, dated May 13, 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. 8198 - A Resolution of the City Council of the City of Vernon Granting a Variance to American Bias, Inc. from Section 26.4.2-8 (C) of the Comprehensive Zoning Ordinance, for the Property Located at 2302 38th Street in the City of Vernon. It was moved by Davis, seconded by Gonzales, that Resolution No. 8198 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 15, 2003, was presented, advising that the Community Services and Water Department has reviewed Section 25.76 of the City Code relating to the Water Department Rules and Regulations and it is necessary that an amendment be approved to read as follows: All customers shall, upon application for water service, consent to and hold the Water Department and the City of Vernon harmless for any damages caused by fluctuation of water pressures or interruption of service. The City of Vernon will not be held liable for water quality complaints from customers with specific uses as referred to in Section 25.60. This has been reviewed by the City Attorney and it is hereby recommended that the amendment to Section 25.76 of the City Code be approved. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated May 15, 2003, be received and filed and his recommendation approved. Motion carried. ORDINANCE NO. 1096 - An Ordinance of the City Council of the City of Vernon Amending Section 25.76 of Article IV of Chapter 25 of the Code of the City of Vernon, California, 1959, Relating to Water Department Rules and Regulations and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title by the City Clerk. It was moved by Davis, seconded by Ybarra, that Ordinance No. 1096 be approved for a first reading. Motion carried. Page 8 of 17 Regular City Council Meeting Minutes May 21, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 8, 2003, was presented, advising that the Budget Auditor/Deputy City Treasurer is requesting that the following be approved: • Ratification of the establishment of Fund 056 entitled "Gas Fund" that has been utilized for the Gas Utility. • Establishment of Fund 095 entitled "Parcel Tax Fund" that will include all parcel tax receipts and expenditures. • Establishment of Fund 057 entitled "Fiber Optic Fund" that will go into operation in fiscal year 2003/2004. It is hereby recommended that the above actions be approved. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 8, 2003, be received and filed and his recommendation approved. Motion carried. ORDINANCE NO. 1095 - An Ordinance of the City Council of the City of Vernon Establishing and Creating Separate Funds and Ratifying the Establishment of Separate Funds Which are to be Under the Custody and Control of the City Treasurer and Administered Pursuant to State Statutes, was read by title by the City Clerk. It was moved by Ybarra, seconded by Davis, that Ordinance No. 1095 be approved for a first reading. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 12, 2003, was presented, advising that the Chief of Police is requesting that an Amendment to the L.A. Impact M.O.U. be approved to allow the L.A. Impact Task Force to investigate all Homeland Security issues and authorizing the Chief of Police to act as the representative on behalf of the City. This amendment is a restated issue and has been reviewed by the City Attorney. It is hereby recommended that an amendment be approved. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 12, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8205 - A Resolution of the City Council of the City of Vernon Adopting an Amended and Restated MOU Authorizing L.A. Impact to Also Target, Investigate and Prosecute Individuals who Engage in Terrorism, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 8205 be approved and adopted. Motion carried. Page 9 of 17 Regular City Council Meeting Minutes May 21, 2003 Communication from Bruce V. Malkenhorst, Director of Finance, dated May 15, 2003, was presented, advising that the City obtained a Grant in the amount of $7,102.00 from the State of California, Office of Criminal Justice Planning through the Juvenile Accountability Incentive Block Grant (JAIBG) Program. The Police are requesting that the funds are transferred to the Los Angeles County District Attorney's Office to be used for matters relating to the suppression of juvenile delinquency. It is hereby recommended that the City reallocate the funds to the Los Angeles County District Attorney's Office. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated May 15, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8201 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Execution of a Waiver for Year Five of the Juvenile Accountability Incentive Block Grant Program, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8201 be approved and adopted. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated April 16, 2003, was presented, requesting authority and funds for Environmental Specialist David LeDuff to attend the "Cross -Connection Control & Hydraulic Research Program Specialist Training Course" at Los Angeles on July 28, 2003 through August 1, 2003, with an expense allowance of $700.80. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Environmental Specialist David LeDuff to attend the aforementioned course with an expense allowance of $700.80. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 29, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Criminal History Record Improvement Training" at Burbank on June 5, 2003, with an expense allowance of $27.80 each. • Danita Robertson, Records Manager • Marianne Vasquez, Records Clerk • Maria Gonzalez, Records Clerk It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed personnel to attend the aforementioned training an expense allowances of $27.80 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 29, 2003, was presented, requesting authority and funds for Lieutenant James Wohlt to attend the "Beretta Armorers Course" at Claremont on June 18 through 20, 2003, with an expense allowance of $291.20. Page 10 of 17 Regular City Council Meeting Minutes May 21, 2003 It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Lieutenant James Wohlt to attend the aforementioned course with an expense allowance of $291.20. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 29, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Criminal History Record Improvement Training" at Burbank on June 4, 2003, with an expense allowance of $27.80 each. • Liz Sawickis, Records Supervisor • Stephanie Johnson, Records Clerk • Martha Parra, Records Clerk It was moved by Davis, seconded by Gonzales, that authority and funds be approved for the above listed personnel to attend the aforementioned training with an expense allowance of $27.80 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated April 29, 2003, was presented, requesting authority and funds for the below listed police officers to attend the "West Coast Gangs Seminar" at Fontana on June 12, 2003, with an expense allowance of $86.80 each. • Anthony Encinas • Phillip Swinford It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of $86.80 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated May 1, 2003, was presented, requesting authority and funds for Detective Mike Docherty to attend the "Rifle & Shotgun Retention/Disarm Course" at Los Angeles on June 7 through 10, 2003, with an expense allowance of $490.00. It was moved by Davis, seconded by Ybarra, that authority and funds be approved for Detective Mike Docherty to attend the aforementioned course with an expense allowance of $490.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, was presented, dated May 8, 2003, requesting authority and funds for the below listed personnel to attend the "How to Negotiate with Vendors and Suppliers Seminar" at Torrance on May 21, 2003, with an expense allowance of $169.80, $168.30, and $159.00 respectively. • Dolores Fonseca, Purchasing Assistant • Debra Nickens, Account Clerk • Marisela Estrada, Account Clerk Page 11 of 17 Regular City Council Meeting Minutes May 21, 2003 It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with the stated allowances. Motion carried. Communication from Steven Parker, Fire Chief, dated May 13, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "California Conference of Arson Investigation 2003 Training Seminar" at Seaside on July 21 through 23, 2003, with an expense allowance of $963.39 each. • Chris Hanson, Engineer • James Espalin, Firefighter It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed personnel to attend the aforementioned seminar with an expense allowance of $963.39 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 15, 2003, was presented transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held on May 19, 2003, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations on the Minutes of the Adjourned Regular Finance Committee Meeting held May 19, 2003, be approved. Motion carried. RESOLUTION NO. 8200 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and Samuel W. Grossman for Consulting Services as the Malburg Generating Station Project Director, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8200 be approved and adopted. Motion carried. RESOLUTION NO. 8202 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: City Administrator/City Clerk (Health, Finance and IT), Community Services and Water, Fire, and Police, Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8202 be approved and adopted. Motion carried. RESOLUTION NO. 8203 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Agreement for Professional Consulting Services By and Between the City of Vernon and Power Engineers, Incorporated for the Malburg Generating Station Project, was presented. Page 12 of 17 Regular City Council Meeting Minutes May 21, 2003 It was moved by Gonzales, seconded by Davis, that Resolution No. 8203 be approved and adopted. Motion carried. The Director of Community Services and Water advised that Council correct the amount for the following agreement is $46,850.00 instead of $45,850.00. RESOLUTION NO. 8204 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Professional Consulting Services Agreement By and Between the City of Vernon and TECS Environmental Compliance Services, Inc, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8204 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 15, 2003, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held May 21, 2003, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations on the Agenda for the Adjourned Regular Personnel Committee Meeting held May 21, 2003, be approved. Motion carried. Warrant Register No. 1114 covering claims and demands presented during the period of May 1, 2003 through May 14, 2003, drawn on Wells Fargo Bank totaling $425,803.89, which includes demand nos. 210468 through 210661, (inclusive), excluding Utilities' demands (Accounting period May 2003). It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1114 be approved and payment authorized for claims and demands totaling $425,803.89, excluding Utilities' demands and voided check as listed above. Motion carried. Warrant Register No. 1114 covering claims and demands presented during the period of May 1, 2003 through May 14, 2003, drawn on Wells Fargo Bank totaling $1,334,851.60, which includes Utilities' demands nos. as listed below: (Accounting period May 2003). 210472 210474 210475 210476 210478 210479 210483 210484 210488 210489 210498 210502 210504 210519 210520 210522 210526 210528 210529 210531 210536 210540 210541 210544 210547 210560 210561 210562 210566 210570 210593 210594 210595 210596 210610 210612 210620 210621 210622 210626 210627 210629 210631 210634 210647 210655 210658 210659 210660 Page 13 of 17 Regular City Council Meeting Minutes May 21, 2003 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1114 be approved and payment authorized for Utilities' claims and demands totaling $1,334,851.60. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. Payroll Warrant Register No. 563 covering claims and demands presented during the period of March 9 through April 5, 2003, drawn on Wells Fargo Bank totaling $1,945,628.92, which includes demand nos. 8067 through 8105 inclusive). (Accounting Period: April 2003). It was moved by Ybarra, seconded by Davis, that Payroll Warrant Register No. 563 be approved and payment authorized for claims and demands totaling $1,945,628.92. Motion carried. The Mayor called a short recess at 6:10 p.m. The City Council reconvened in regular session at 6:14 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 Item Nos. 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 It was moved by Gonzales, seconded by Davis, that the City Council go into closed session on Item Nos. 3, 4, and 5 the time being 6:14 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, and Chief Deputy City Clerk. 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. Page 14 of 17 Regular City Council Meeting Minutes May 21, 2003 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) 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) ; (d) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280 (a) and A-1280 (b) ; (e) 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; (f) 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. 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. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); FERC Docket No. 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. RTO1-82 (SDG&E), RT01-83 (PG&E), RTO1-85 (ISO) and RTO1-92 (SCE); FERC Docket No. ELO1-84 (SRP v. ISO); 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); FERC Docket No. 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); FERC Docket No. ER03-338 (SCE); FERC Docket No. PA02-2-001; FERC Docket No.ER03-310 (ISO); FERC Docket No. ER03-407 (ISO); FERC Docket No. EL03-54 (Anaheim, et al, v. ISO) (g) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (h) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (i) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (j) 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); Page 15 of 17 Regular City Council Meeting Minutes May 21, 2003 (k) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (1) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (m) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (n) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (o) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (p) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (q) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H.P. District); (r) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case No. BC 265905; (s) JVL Books, Inc. v. Vernon; USDC No. CV-03-2033 SVW (MCx) ; (t) Jessica Rodriguez v. Vernon; WCAB Case No. Unassigned; (u) Enron Power Marketing Inc. v. Vernon; USBC Adversary Proceeding No. 03-03131 (AJG); 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 3 54956.95. LIABILITY CLAIMS Claimant: PENN-AMERICA INS. CO., SUBROGEE OF F&F KNITTING MILLS Agency Claimed Against: CITY OF VERNON Claimant: PENN-AMERICA INS. CO., SUBROGEE OF KARDAR INDUSTRIES, INC. Agency Claimed Against: CITY OF VERNON Claimant: LEXINGTON INSURANCE CO., SUBROGEE OF CATELLUS COMMERCIAL DEV. CORP. Agency Claimed Against: CITY OF VERNON It was moved by Ybarra, seconded by Gonzales, that the City Council go out of closed session on and resume regular session, the time being 6:25 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the following Liability Claims be denied. Motion carried. Claimant: PENN-AMERICA INS. CO., SUBROGEE OF F&F KNITTING MILLS Claimant: PENN-AMERICA INS. CO., SUBROGEE OF KARDAR INDUSTRIES, INC. Page 16 of 17 Regular City Council Meeting Minutes May 21, 2003 Claimant: LEXINGTON INSURANCE CO., SUBROGEE OF CATELLUS COMMERCIAL DEV. CORP. There being no further business to come before the City Council at this time, it was moved by Davis, seconded by Gonzales, that the meeting adjourn, the time being 6:25 p.m. Motion carried. Leonis C. Malburg Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 17 of 17