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20031015 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL' MEETING OF THE CITY OF VERNON HELD OCTOBER 15, 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 Davis, that the Minutes of the Regular City Council Meeting held October 1, 2003,.be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk,.dated October 7, 2003, was presented, advising that the below listed employees qualified in the month of September 2003 for a Perfect Attendance Award. This is awarded to employees on the basis ofa minimum of two (2) years of perfect attendance: Date of Hire Employee .Award 10/04/00 Cindy Calzada Secretary 2 09/11/00 Gloria Molleda Deputy City Clerk 2 02/25/91 Leonard Grossberg SeniorEnvironmental Specialist 5 09/18/95 Daniel Santos Police Officer 8 09/12/94 Kurt Smith Fire Engineer 9 01/06/86 Lewis Pozzebon Director of Environmental Health 10 08/17/$7- Michael Busch Fire Captain 12 06/29/87 Michael Gillman Lieutenant 12 07/01/79 Charla Duncan Secretary 20 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. - 09/24/01 Arturo Padilla Police Officer 2 09/25/00 Christopher Delgado Systems Coordinator II 3 09/04/00 Rodolfo Montano Police Officer 3 09/28/98 Brett Koontz Environmental Specialist 5 06/24/98 Leo Lee Mechanical & Plumbing Inspector - 5 07/14/81 Richard Stoykovich Utilityman I. 6 05/19/91 Gerardo Parise Utilityman III 7 05/16/88 David Moore Fire Captain 7 01/07/91 Anthony Rotell Firefighter 8 11/02/92 Thomas Egan Firefighter 8 09/18/94 Anthony Hinojos Utilityman IV - 9 09/12/94 David Koltvet Fire Engineer ,9 09/12/94 Jason McEachran Fire Engineer 9 09/12/94 Jeffrey Neely Fire Engineer 9 09/12/94 Michael Langer Fire Captain 9 e Regular City Council Meeting Minutes October IS, 2003 09/12/94 Paul Johnson Fire Engineer 9 O1/08/84 Roy Ness Utilityman II 9 The Mayor called a short recess at 5:10 p.m. The City Council reconvened in regular session at 5:12 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:. Ron Garcia, local area representative of Southern California Edison, addressed the City Council. Police Department Activity Log for the period - October 1 through 14, 2003, was presented. It was moved by Davis, seconded by Gonzales, that the Police Department Activity Log for the period October 1 through 2003, be received and filed. Motion carried. Fire Department Activity Report for the period October 1 through 14, 2003, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period October 1 through 14, 2003, be received and filed. Motion carried. Risk Management Report for the month of September 2003, was presented. It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of September 2003, be received and filed. Motion carried. Health Department Report for the month of September 2003, was presented. It was moved by Ybarra, seconded by Davis, that. the Health Department Report for the month of September 2003, be received and filed. Motion carried. RESOLUTION NO. 8294 - A Resolution of the City Council of. the City of Vernon Amending Rate Schedules D, GS-1, GS-2, LS- 1, LS-2, OL-1, PA-1, PA-2, PA-TOU, TC-1, TOU-G and TOU-V Regarding Electrical Rates to be Charged for Electrical Energy Distributed and Supplied by the City Within its Boundaries, was presented. . It was moved by Gonzales, seconded by Davis, that Resolution No. 8294 be approved and adopted. Motion carried. Page 2 of 12 Regular City Council Meeting Minutes October 15, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 6, 2003, was presented, advising that the City of Vernon has been allocated "Maintenance and Servicing" funds from the Regional Parks and Open Space District.of Los Angeles County, which will be transferred to the below listed agencies. This has been reviewed by the City Administrator's staff and it is hereby recommended that the funds be distributed as follow: City of Bell $5,000.00 City of Lynwood $10,000.00 City of Maywood $15,000.00 It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated October 6, 2003, be received and filedand his recommendation be approved. Motion carried. RESOLUTION NO. 8295 - A Resolution of the City Council of the City of Vernon Authorizing the Reallocation of Revenue Generated by Proposition A of 1992 to the Cities of Bell, Lynwood, and Maywood for Maintaining and Servicing Proposition A Funded Projects, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8295 be approved and adopted. Motion carried. The City Clerk asked that the following communication dated October 8, 2003, and Resolution No. 8297 be removed from the agenda. Communication from Bruce V. Malkenhorst., City Administrator/City Clerk, dated October 8, 2003, advising that Gemini Services Inc., has submitted a solid waste non-exclusive franchise agreement package that includes two original agreements and copies of insurance documentation, and a performance bond instrument. This has been reviewed by the Director of Environmental Health and City Attorney, and itis hereby recommended that the solid waste non-exclusive franchise agreement for Gemini Services Inc.., be approved and executed. RESOLUTION NO. 8297 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Non -Exclusive Solid Waste Franchise Agreement Pursuant to - Article VI of Chapter 12 of the Vernon City Code By and Between the City of Vernon and Gemini Services, Inc. It was moved Gonzales, seconded by Ybarra, that the aforementioned communication and resolution be remove from the agenda. Motion carried. - .Communication from Bruce Olson, Chief of Police, dated September 24, 2003, was presented, requesting authority and funds for the below listed Detectives to attend the "Basic Homicide Investigation Course" at Garden Grove on November 3 through 7, 2003, with an expense allowance of $166.00, of which POST will reimburse $110.20 each. • Daniel Santos • Phillip Swinford Page 3,of 12 Regular City Council Meeting Minutes October 15, 2003 It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed Detectives to attend the aforementioned course with an expense allowance of. $110.20 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 25, 2003, was presented, requesting authority and funds for Records Manager Danita Robertson to attend the "Assertive Supervisor Workshop" at Huntington Beach on November 5 through 7, 2003, with an expense allowance of $327.10, of which POST will reimburse. $77.82. - It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for Danita Robertson to attend the aforementioned workshop with an expense allowance of $327.10. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 30, 2003,. was presented, requesting authority and funds for Utility, Clerk Karina Rueda to attend the "Master COBRA Seminar" at Pasadena on November 5, 2003, with an expense allowance of $244.4.0. It was moved by Davis, seconded by Gonzales, that - authority and funds be approved for Karina Rueda to attend the aforementioned seminar with an expense allowance of $244.40. Motion carried. Communication from Steven.Parker, Fire Chief, dated September 30, 2003, was presented, requesting authority and funds for the 'below listed fire personnel to attend the "The Sixteenth Fire Officer Academy" at Burbank on October 27 through 31, 2003, with an expense allowance of $100.00 each. • Steve Ruffoni, Fire Captain . • Andrew Kroner, Fire Engineer • Anthony Rotell, Firefighter It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above listed fire personnel.to attend the aforementioned academy with an expense allowance of $100.00 each. Motion carried. Communication from Steven Parker, Fire Chief, dated October 1, 2003, was presented, recommending ratification of the below listed fire personnel attending the "Swift Water Operational Technician I Class" at Anaheim on October 6 through 8, 2003, with an expense allowance of $200.00.each, and payable to the North Net Fire Training Center. • Michael Roche, Fire Captain • Troy Durbin, Firefighter It was moved by McCormick, seconded by Davis, that _ authority and fundsbeapproved for the above listed fire personnel to attend the aforementioned class with an expense allowance of $200,00 each. Motion carried. Page 4 of 12 Regular City Council Meeting Minutes October 15, 2003 Communication from Steven Parker, Fire Chief, dated October 1, 2003, was presented, requesting authority and funds for the below listed fire personnel to attend the "California Training Officers - Training Symposium" at Fresno on November 2 through 6, 2003, with an expense allowance of $691.12, $808.12, and $758.12 respectively. • Dean Richens, Fire Engineer • Todd Painton, Fire Engineer • Jason Rosa, Firefighter " It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for the above listed fire personnel to attend the aforementioned training with the stated expense allowances. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 30, 2003, was presented, requesting authority and, funds for the below listed police personnel to attend the "Miranda - Search & Seizure Seminar" at Whittier on'November 5, 2003, with an expense allowance of $35..20, of which POST will reimburse $33.84 each. • Dariiel calleros, Sergeant • Brandon Oray, Detective • Francisco Pirello, Police Officer • Donald Vanover, Police Officer 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 $35.20 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated September 30, 2003, was presented, requesting authority and funds for the below listed Police Officers to attend the - "Interview and Interrogation Techniques Training" at Long Beach on November 3 through 7„ 2003, with an expense allowance of $658.20 each. • Celestino Chavez • Kent Stevenson It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the above listed Police Officers to attend the aforementioned training with an expense allowance of $658.20 each. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated October 7, 2003, was presented, requesting authority and funds for Senior Electrical Inspector Jerry Schreiber to attend the "California Building Officials 13`" Annual Education Week" at Ontario on November 4, 2003, .with an expense allowance of $160.00. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Jerry Schrieber to attend the aforementioned training with an expense allowance of $160.00. Motion carried. Page 5 of12 Regular City Council Meeting Minutes October 15,2003 Communication from Kevin Wilson, Director of Community Services and Water, dated October 8, 2003, was presented, requesting authority and funds for Utilityman II Lorenzo Mendoza to attend the "American Water Works Association College Certification Review: D3 and D4 Workshop" at Rancho Cucamonga on October 17, 2003, with an expense allowance_ of $105.40. It was moved by Davis, seconded by MCCormick, that authority and funds be approved for Lorenzo Mendoza to attend the aforementioned workshop with an expense allowance of $105.40. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated October 8, 2003, was presented, requesting authority and funds for the below listed personnel to attend the "Construction Storm Water Compliance Training Seminar" at Newport Beach on October 29, 2003,.with an expense allowance of $149.00 each. • Steven Michael, Code Enforcement Inspector • Wenceslao "Pepe" Reynoso, Plan Checker It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for the .above listed personnel to attend the aforementioned seminar with an expense allowance of $149.00 each. Motion carried. Communication from Kevin Wilson, Director, of Community Services and Water, dated October 8, 2003, was presented, requesting authority and funds for Code Enforcement Inspector Kevin P. Murphy to attend the "Construction Storm Water Compliance Training Seminar" at Santa Clarita on October 28, �2003, with an expense allowance of $168.80. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Kevin P. Murphy to attend the aforementioned seminar with an expense allowance of-$168..80.. Motion carried. - Communication from Bruce Olson, Chief of Police, dated October 3, 2003, was presented, requesting authority and funds for the below listed Police Officers to attend the "Driving - Under the Influence Seminar" at Laguna Hills on November 17 through 21, 2003, with an expense allowance of $999.20, of which POST will reimburse $903.92 each. • Paul Cerda • Salvador Ramos It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed Police Officers to attend the aforementioned seminar with an expense allowance of $903.92 each. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated October 7, 2003, was presented, requesting authority and funds for Environmental Specialist Jerrick Torres to attend the "Standard Urban Stormwater Mitigation -Plan Conference" at Los Angeles on November 5, 2003, with an expense allowance of $85.00. Page 6 of 12 Regular City Council Meeting Minutes October i5, 2003 It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Jerrick Torres to attend the aforementioned conference with an expense allowance of $85.00. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated October 7, 2003, was presented, requesting authority and funds for Environmental Specialist _ n Jerrick Torres to attend the "Construction Stormwater Compliance Training Seminar" at Santa Clarita on October 28, 2003, with an expense allowance of $161..30,. It was moved by Davis, seconded by McCormick, that authority and funds be approved for the Jerrick Torres to attend the aforementioned seminar with an expense allowance of $161.30. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 9, 2003, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held on October 14, -2003, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that -the recommendations on the Agenda for the Adjourned Finance Committee Meeting to be held on October 14, 2003, be,approved. Motion carried. RESOLUTION NO. 8296 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting 'Sealed Proposals or Bids for the Purchase of a SF6 Gas Vault Switch for the Light'& Power -Department, was presented. It was moved by Ybarra, seconded by Davis,. that Resolution No. 8296 be approved and adopted. Motion carried. The City Clerk asked that the following resolution be deferred from the agenda. RESOLUTION NO. 8298 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of Request for Proposals from Qualified Firms to Provide a Vulnerability Assessment and Emergency Response Plan in Accordance with the Public Health Security and Bioterrorism Act of 2001,. It was moved Ybarra, seconded by Gonzales, that the aforementioned resolution be deferred from the agenda. Motion carried. RESOLUTION NO. 8299 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and Saft America Inc, for the Malburg Generating Station Project, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8299 be approved and adopted. Motion carried. Page 7 of 12 Regular City Council Meeting Minutes Octoberl5, 2003 RESOLUTION NO. 8300 A Resolution of the. City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and Hampton Tedder Electric Company for the Malburg Generating Station Project, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8300be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 9, 2003, was presented, transmitting the Agenda for the Adjourned Personnel Committee Meeting to be held on October 14, 2003, for approval of the recommendations contained therein. It was moved,by Gonzales, seconded by Ybarra, that the recommendations on the Agenda for the Adjourned Personnel Committee Meeting to be held on October 14,.2003, be approved. Motion carried. - Warrant Register No. 1124 covering claims and demands presented during the period of September 25, 2003 through October 8, 2003, drawn on Wells Fargo Bank totaling $808,057.27, which includes demand nos. 212645 through 212901, (inclusive), excluding Light and Power demands (Accounting period October 2003). It was moved by McCormick, seconded by Gonzales, that Warrant Register No, 1124 be approved and payment authorized for claims and demands totaling $608,057.27. Motion carried. - Warrant Register No. 1124 covering claims and demands presented during the period of September 25, 2003 through October 8, 2003, drawn on Wells Fargo Bank totaling $1,931,539.93, which includes Light and Power demand nos. as listed below: (Accounting period October 2003). 212653 212654-212655 212656 212661 212663 212664 212665 .212668 212670 212673 212682 -212684 212713 212718 212738 212752 212763 212764 212776 212781 212801 212807 212810 212822 212841 212859 212864 212865 212877 212878 212895 212900 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1124 be approved and payment authorized for Light & Power's claims and demands totaling $1,931,539.93. 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. 568 covering claims and demands presented during the period of August 10, 2003 through September 6, 2003, drawn on Wells Fargo Bank totaling $2,003,644.69, which includes demand nos. 8271 through 8307 (inclusive). (Accounting Period: September 2003).. Page 8 of 12 Regular City CouncilMeetingMinutes October 15, 2003 - It was moved by McCormick, seconded by Gonzales, that Payroll.Warrant Register No.. 568 be approved and payment authorized for claims and demands totaling $2,003,844.69, Motion carried. The. Mayor called a short recess at 5:40 p.m. The City Council reconvened in regular session at 5:52 p.m., all members present before the recess again being present, The City Clerk advised that there was nothing to discuss on .Item No. 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 closedsession 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 Nos. 3 and 4: It was moved by Gonzales,- seconded by Davis, that the City Council go into closed session on Item Nos,. 3 and 4, the time being 5:52 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. The Mayor ordered allcommunicationsto 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. 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; " Page 9 of 12 Regular City Council Meeting Minutes October 15, 2003 (e) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. EROO-2019-000 (ISO); FERC Docket No. EROO-105 (Vernon); FERC Docket No. ER01-313 (ISO); FERC Docket Noe. 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. ELOO-95 (SDG&E v. Sellers of Energy, et al.) consolidated with FERC Docket No. ELOO-98; PERC Docket Nos.. RTO1-82 (SDG&E), RTO1-83 (PG&E), RT01-85 (ISO) and RT01-92 (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. ER02-637 (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 TRSA); 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 RailwayComnanv 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. EL01-37 (SRP & SMUD v. PX); (j) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); (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. 01ASO5497; (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, at al.,•USDC No. CV-02- 01247 DT (o) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East bistrict-Covina); (P) Aucensio Saucedo Lopez v. Vernon; LASC No. 02CO0862 (H.P. District); - (q) Vernon v. SoCalGas, E1 Paso Natural Gas, et al,, Case No. BC 265905;- (r) Jessica Rodriguez v. Vernon; WCAB Case No. RIV 0 p56007; - (s) Enron Power Marketing Inc. v. Vernon; USBC Adversary Proceeding No. 03-03131 (AJG); Page 10 of 12 Regular City Council Meeting Minutes October 15, 2003 (t) Robert S. Spradlin, etc.. v. Vernon; Norwalk Superior Court No.. VC 039280; (u) Jessica Rodriquez v. Vernon; LASC No. BC298890; (v) Lexington Insurance Company v. Vernon; Norwalk Superior Court Mo. VC 040647; (w) Vernon v. Scott Co., et al,, LASC No. BC 300307; 4. With respect to every item of business to be - discussed in closed session pursuant to subdivision (c) of Government Code 54956..9. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation; One (1) potential case. It was moved by Ybarra, seconded by McCormick, that the City Council go out of closed session and resume regular session, the time being 6:00 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the City Attorney be authorized to execute the Waiver of Conflict of Interest form by the law firm of Loeb & Loeb in connection with the case of J. Rodriguez v. City of Vernon et al.; case No. BC 2908890. Motion Carried. It wasmoved by Ybarra, seconded by McCormick, that: 1) the retainer agreement with John Jimison be approved and the Mayor be authorized to execute the retainer agreement for and on behalf of the City; 2) the filing of the Protest in the matter of Application of Southern California Gas Company for authority to revise its rates before the Public Utilities Commission, Application No. 03-09-008, be ratified. Motion Carried. It was moved by Gonzales, seconded by Davis, that the that the City Council go into closed session on Item No. 1, the time being 6:01 p.m. Motion carried. _ All persons were excluded from closed session with the exception of the City Administrator/City Clerk. The Mayor ordered all communications toandfrom closed session deemed privileged and confidential. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 6:15 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the request for release from the position of City Attorney be approved, effective at the close of business today. Motion carried. It was moved by Ybarra, seconded by McCormick, that Eric T. Fresch be appointed to serve as Acting City Attorney effective October 16, 2003 at the start of the business day. Motion carried. . Page 11 of 12 Regular City Council Meeting Minutes October 15, 2003 There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn, the time being6:25 p.m. Motion carried. ATTEST: BruceV. Malkenhorst City Clerk Leonis C. 'Ma ,urg Mayor Page 12 of 12