Loading...
20030917 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD SEPTEMBER 17, 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 Ybarra, seconded by Gonzales, that the Minutes of the Regular City Council Meeting held September 3, 2003, be approved and adopted as submitted. Motion carried. The following employee was unable to attend the meeting and his service pin was accepted by his respective department head. Edward Rodriguez Utilityman II 20 years The Presentation of the Police Department's Merit Award Bar to Police Officer Victor Ontiveros for his outstanding performance in his investigative efforts and technical skills was deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 11, 2003, was presented, advising that the below listed employees qualified in the month of August 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 08/13/01 Troy Durbin 08/13/01 James Espalin 07/05/88 David Alvarez 11/01/76 Elizabeth Sawickis 09/18/89 Gregory Bringhurst 08/23/93 Ana Bedoy 09/01/78 Robert Kipness 08/27/84 William Wilson 05/27/84 Manuel Garcia Award Firefighter 2 Firefighter 2 Utility Clerk 3 Assistant Records Manager 3 Firefighter 7 Administrative Assistant 10 Foreman 10 Code Enforcement Inspector 11 Assistant Director of Resource Management 17 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 09/20/00 Irene Castillo Account Clerk 2 08/13/01 David Kang Firefighter 2 08/13/01 Scott Metz Firefighter 2 08/13/01 Jason Rosa Firefighter 2 Regular City Council Meeting Minutes September 17, 2003 08/13/01 Larry Walker Firefighter 2 08/14/00 Jeffrey Coburn Systems Coordinator I 3 05/16/88 Steve Ruffoni Fire Captain 3 02/01/70 Daniel Simon Fire Captain 3 08/17/87 Michael Wilson Battalion Chief 3 08/02/99 Cerissa Diaz Dispatcher 4 08/11/97 Roberto Sousa Sergeant 6 06/18/90 Benjamin Potter Police Officer 11 The Mayor called a short recess at 5:09 p.m. The City Council reconvened in regular session at 5:11 p.m., all members present before the recess again being present. The City Clerk announced that now was the time for anyone in the audience who wished to address the City Council on any item on the agenda other than with regard to any public hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the Council at this time. Michael Spivey addressed the Council on behalf of the Vernon Industrial Council and Chris McWilliams of Air Products. Police Department Activity Log for the period September 1 through 15, 2003, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period September 1 through 15, 2003, be received and filed. Motion carried. Fire Department Activity Report for the period September 1 through 15, 2003, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period September 1 through 15, 2003, be received and filed. Motion carried. Risk Management Report for the month of August 2003, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of August 2003, be received and filed. Motion carried. Health Department Report for the month of August 2003, was presented. It was moved by McCormick, seconded by Ybarra, that the Health Department Report for the month of August 2003, be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 10, 2003, was presented, advising that the Health Department is requesting to enter into an agreement with K.J. Services (K.J.) for consulting purposes. K.J. has assisted the department with various programs and has also helped the City comply with the State Mandated AB 939 law. Page 2 of 11 Regular City Council Meeting Minutes September 17, 2003 It is hereby recommended that K.J. Services be retained and that the City Attorney be authorized to prepare a Consulting Agreement for fiscal year 2003-2004. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated September 10, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8281 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Professional Consulting Services By and Between the City of Vernon and Kevin Sales, dba KJ Services, Relating to 2003/2004 Grant Programs, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8281 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 10, 2003, was presented, advising that on August 12, 2003, the Finance Committee recommended to City Council to approve contracting the services of Bruce W. Olson to serve as Chief of Police effective September 21, 2003. Bruce W. Olson is retiring from the City on September 20, 2003. The City Attorney has prepared the agreement and it is hereby recommended that it be approved and executed. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated September 10, 2003, be received and filed and that the services of Bruce Olson to contract as Chief of Police be approved. Motion carried. RESOLUTION NO. 8280 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Contractual Services By and Between the City of Vernon and Bruce Olson, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8280 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated September 10, 2003, was presented, advising that the Traffic Signal Modernization, Contract No. 559, has been completed according to the Plans and Specifications. The total contract amount is $105,002.00 and a payment of $94,501.80 is now due. The final ten percent (100) of the total contract amount, the sum of $10,500.20, is payable thirty-five days after acceptance of the work. Any claims filed by properly executed and filed notices of stop payment or as may be authorized by the contract to be retained will be withheld from this retention. It is hereby recommended that the work be accepted and that authority be granted to pay the contractor, Signal Maintenance, 2283 Via Burton Street, Anaheim, California 92806, in accordance with the contract. Page 3 of 11 Regular City Council Meeting Minutes September 17, 2003 The Director of Community Services advised the council that we just received a claim with regard to one of the sub- contractors so there may be funds withheld from the final partial payment. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated September 10, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8282 - A Resolution of the City Council of the City of Vernon Accepting the Work of Signal Maintenance, Inc. in Accordance with Contract No. 559 of the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8282 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 11, 2003, was presented, advising that at this time it is necessary to enter into a Rental Agreement with Valverde Construction to allow them to use a portion of the City's storage area during the construction of the recycled water line. It is hereby recommended that the Rental Agreement with Valverde Construction be approved and executed for the period of September 2003 through December 2003 at a cost of $1,500.00 per month. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated September 11, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8283 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a License Agreement By and Between the City of Vernon and Valverde Construction, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8283 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated August 26, 2003, was presented, requesting authority and funds for the below listed police personnel to attend the "Dispatcher In Emergency Management Course" at San Luis Obispo on October 7 through 9, 2003, with an expense allowance of $569.20 and $559.00 respectively. • Maria Alway, Dispatcher Supervisor • Cerissa Diaz, Dispatcher It was moved by Davis, seconded by Gonzales, that authority and funds be granted for the above mention police personnel to attend the aforementioned course with the stated expense allowances. Motion carried. Page 4 of 11 Regular City Council Meeting Minutes September 17, 2003 Communication from Bruce Olson, Chief of Police, dated September 2, 2003, was presented, requesting authority and funds for Detective Inez Aragon to attend the "Background Investigation Update Course" at Santa Monica on October 7 and 8, 2003, with an expense allowance of $201.40. It was moved by Ybarra, seconded by McCormick, that authority and funds be granted for Detective Inez Aragon to attend the aforementioned course with an expense allowance of $201.40. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 3, 2003, was presented, recommending ratification of Electronics Technician Curtis Kirkland attending the "MGS Controls Coordination" at Hailey, Idaho on September 15 through 18, 2003, with an expense allowance of $779.80. It was moved by Davis, seconded by Gonzales, that Electronics Technician Curtis Kirkland's attendance to the aforementioned seminar with an expense allowance of $779.80 be ratified. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated September 8, 2003, was presented, requesting authority and funds for himself to attend the "CALBO 13th Annual Education Week" at Ontario on November 3, 4, and 7, 2003, with an expense allowance of $462.00. It was moved by Ybarra, seconded by Gonzales, that authority and funds be granted for the Director of Community Services and Water Kevin Wilson to attend the aforementioned course with an expense allowance of $462.00. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated September 8, 2003, was presented, requesting authority and funds for Plan Checker Wenceslao "Pepe" Reynoso to attend the "CALBO 13th Annual Education Week" at Ontario on November 3, 4, 5, and 7, 2003, with an expense allowance of $606.40. It was moved by McCormick, seconded by Davis, that authority and funds be granted for Plan Checker Wenceslao "Pepe" Reynoso to attend the aforementioned course with an expense allowance of $606.40. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated September 8, 2003, was presented, requesting authority and funds for Mechanical and Plumbing Inspector Leo Lee to attend the "CALBO 13th Annual Education Week" at Ontario on November 5 and 6, 2003, with an expense allowance of $320.00. It was moved by Davis, seconded by Ybarra, that authority and funds be granted for Mechanical and Plumbing Inspector Leo Lee to attend the aforementioned course with an expense allowance of $320.00. Motion carried. Page 5 of 11 Regular City Council Meeting Minutes September 17, 2003 Communication from Kevin Wilson, Director of Community Services and Water, dated September 8, 2003, was presented, requesting authority and funds for Code Enforcement Inspector Kevin Murphy to attend the "CALBO 13th Annual Education Week" at Ontario on November 4 and 6, 2003, with an expense allowance of $350.00. It was moved by Gonzales, seconded by McCormick, that authority and funds be granted for Code Enforcement Inspector Kevin Murphy to attend the aforementioned course with an expense allowance of $350.00. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated September 8, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "CALBO 13th Annual Education Week" at Ontario on November 3, 2003, with an expense allowance of $98.60 and $110.00, respectively. • William Wilson, Code Enforcement Inspector • Jerry Schreiber, Senior Electrical Inspector It was moved by Ybarra, seconded by Davis, that authority and funds be granted for the above -mentioned employees to attend the aforementioned course with the stated expense allowances. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 10, 2003, was presented, requesting authority and funds for himself to attend the "National League of Cities' 80th Annual Conference" at Nashville, Tennessee on December 10 through 13, 2003, with an expense allowance of $1,509.56. It was moved by Davis, seconded by Ybarra, that authority and funds be granted for the City Administrator/City Clerk Bruce V. Malkenhorst to attend the aforementioned conference with an expense allowance of $1,509.56. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 10, 2003, was presented, requesting authority and funds for the below listed legislative body to attend the "National League of Cities' 80th Annual Conference" at Nashville, Tennessee on December 10 through 13, 2003, with an expense allowance of $1,179.56 each. • Hilario "Larry" Gonzales • William Davis It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for the above -mentioned councilmen to attend the aforementioned conference with an expense allowance of $1,179.56 each. Motion carried. Page 6 of 11 Regular City Council Meeting Minutes September 17, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 10, 2003, was presented, requesting authority and funds for himself to attend the "California Public Employer Labor Relations Association Annual Conference" at Monterey on November 11 through 14, 2003, with an expense allowance of $1,705.92. It was moved by Ybarra, seconded by Davis, that authority and funds be granted for the City Administrator/City Clerk Bruce V. Malkenhorst to attend the aforementioned conference with an expense allowance of $1,705.92. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated September 8, 2003, was presented, requesting authority and funds for Utilityman II Andrew Thompson to attend the "Pesticide Applicator Seminar" at Long Beach on September 30, 2003, with an expense allowance of $76.00. It was moved by Gonzales, seconded by Davis, that authority and funds be granted for Utilityman II Andrew Thompson to attend the aforementioned seminar with an expense allowance of $76.00. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated September 8, 2003, was presented, requesting authority and funds for Utilityman II Andrew Thompson to attend the "Pesticide Applicator Seminar" at Ontario on October 2, 2003, with an expense allowance of $64.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be granted for Utilityman II Andrew Thompson to attend the aforementioned seminar with an expense allowance of $64.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 11, 2003, was presented, advising that the National League of Cities, 80th Annual Conference is scheduled to be held from December 10 through 13, 2003, and it is necessary to designate a delegate and an alternate delegate in order for the City of Vernon to vote on any legislative matter during said conference. It is hereby recommended that Hilario "Larry" Gonzales be designated as the delegate and William Davis be designated as the alternate. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated September 11, 2003, be received and filed and his recommendation approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated September 11, 2003, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held on September 17, 2003, for approval of the recommendations contained therein. Page 7 of 11 Regular City Council Meeting Minutes September 17, 2003 It was moved by Davis, seconded by Gonzales, that the recommendations on the Agenda for the Adjourned Regular Finance Committee Meeting held on September 17, 2003, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 10, 2003, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held on September 17, 2003, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Regular Personnel Committee Meeting held on September 17, 2003, be approved. Motion carried. Warrant Register No. 1121 covering claims and demands presented during the period of August 21, 2003 through August 27, 2003, drawn on Wells Fargo Bank totaling $118,251.46, which includes demand nos. 211113 through 211202, (inclusive), and also excluding Utilities' demands (Accounting period September 2003). The City Administrator stated that the warrant register number should be 1122 not 1121 and asked that the council so note the correction. It was moved by Davis, seconded by McCormick, that Warrant Register No. 1122 be approved and payment authorized for claims and demands totaling $465,131.41, excluding Utilities' demands and voided check as listed above. Motion carried. Warrant Register No. 1121 covering claims and demands presented during the period of August 21, 2003 through August 27, 2003, drawn on Wells Fargo Bank totaling $5,216,720.62, which includes Utilities' demands nos. as listed below: (Accounting period September 2003). 212116 212122 212123 212127 212129 212134 212143 212148 212151 212155 212156 212162 212179 212183 212201 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 1122 and that it be approved and payment authorized for Utilities' claims and demands totaling $835,204.63. 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. 566 covering claims and demands presented during the period of June 15, 2003 through July 12, 2003, drawn on Wells Fargo Bank totaling $2,067,651.14, which includes demand nos. 8186 through 8225 (inclusive). (Accounting Period: July 2003). It was moved by McCormick, seconded by Ybarra, that correction to the Payroll Warrant Register number be made and that Payroll Warrant Register No. 567 be approved and payment authorized for claims and demands totaling $2,108,110.98. Motion carried. Page 8 of 11 Regular City Council Meeting Minutes September 17, 2003 The Mayor called a short recess at 5:40 p.m. The City Council reconvened in regular session at 5:42 p.m., all members present before the recess again being present. The City Clerk advised that now was the time to go into closed session on Item No. 1. It was moved by Davis, seconded by Ybarra, that the City Council go into closed session on Item No. 1 the time being 5:42 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, the Utilityman and the Director of Community Services. 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 Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION It was moved by Gonzales, seconded by Davis, that the City Council go out of closed session on item No. 1 and resume regular session, the time being 5:48 p.m. Motion carried. The Utilityman II was excused at 5:46 p.m. The Director of Community Services and Water was excused at 5:48 p.m. The City Clerk advised that there was nothing to discuss on Item No. 2. 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(s) The City Clerk advised that now was the time to go into closed session on Item No. 3. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session on Item No. 3, the time being 5:49 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. Page 9 of 11 Regular City Council Meeting Minutes September 17, 2003 The Mayor ordered all communications to and from closed session deemed privileged and confidential. 3. With respect tc discussed in closed session Government Code 54956.9. every item of business to be pursuant to subdivision (a) of 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. Regional Water Quality Control Board; Nos. A-1280, A1280 (a) and A-1280 (b) ; (d) 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; (e) 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. ERO1-1579 (ISO); FERC Docket No. ELO1-57-000 (Reliant Energy, etc. et al. v. ISO); FERC Docket No. 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), RTO1-83 (PG&E), RTO1-85 (ISO) and RT01-92 (SCE); FERC Docket No. EL01-84 (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. ER02-637 (PG&E); 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) (f) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (g) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (h) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (i) 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); (j) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); Page 10 of 11 Regular City Council Meeting Minutes September 17, 2003 (k) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (1) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (m) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (n) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (o) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (p) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H.P. District); (q) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case No. BC 265905; (r) JVL Books, Inc. v. Vernon; USDC No. CV-03-2033 SVW (MCx) ; (s) Jessica Rodriguez v. Vernon; WCAB Case No. Unassigned; (t) Enron Power Marketing Inc. v. Vernon; USBC Adversary Proceeding No. 03-03131 (AJG); (u) Robert S. Spradlin, etc. v. Vernon; Norwalk Superior Court No. VC 039280; (v) Jessica Rodriguez v. Vernon; LASC No. BC298890; (w) Lexington Insurance Company v. Vernon; Norwalk Superior Court No. VC 040647; (x) Vernon v. Scott Co., et al., Case Number Unknown; It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 5:55 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the discipline recommended by the Director of Community Services and Water for Utilityman II be approved as amended. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Vernon v. Scott Co., et. al. matter, Case No. 300307, be re- assigned to the Law Offices of Kirkpatrick and Lockhart pursuant to the terms and conditions of their existing retainer agreement. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting adjourn, the time being 5:49 p.m. Motion carried. ATTEST: Bruce V. Malkenhorst City Clerk jeonis C. Mal b rg Y Mayor Page 11 of 11