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20040407 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL ,MEETING OF THE CITY OF VERNON HELD APRIL 7, 2004, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Davis, seconded by McCormick, that the Minutes of the Adjourned Regular City Council Meeting held March 24, 2004, be approved and adopted as submitted. Motion carried. The Mayor presented Service Pins to the following employees and extended congratulations on behalf of the entire City Council;. Robert Farrell Firefighter 5 years Michael DeFrank Project Engineer 20 years Michael W. McCormick Councilman 30 years The following employeeswere unable to attend the meeting and their service pins were accepted by their respective department heads. Matthew Holzendorff Firefighter' 5 years Chadrick McGovney Firefighter 5 years Derek Meyer Firefighter 5 years James`Venneau. Firefighter 5 years Norman Sutherlin Firefighter 5 years Andrew Smith Firefighter 5 years Michael Pinnere Firefighter 5 years Anthony Fish Firefighter 5 years Police Department Activity Log for the period March 16 through 31, 2004, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period March 16 through 31, 2004, be received and filed. Motion carried. Fire Department Activity Report for the period March 16 through 31, 2004, was presented_ It was moved ;by Davis, seconded by Ybarra, that the Fire Department Activity Report for the period March 16 through 31, 2004, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience- who wished to address the City Council on any item on the agenda other than with regard to any public hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the Council at this time. There was no one in the audience who wished to address the Council. Regular City Council Meeting Minutes April 7, 2004 The City Clerk advised that now was the time to open the public 'hearing to consider the termination of a Non- exclusive Franchise Agreement for Solid Waste Management Services with Olympic Disposal, Co. It was moved by Ybarra, seconded by Gonzales, to open the public hearing the time being 5:04 p.m. Motion carried. The Chief Deputy Director of Environmental Health, Dan Downing, addressed the City Council and briefly summarized this matter and the staff report; Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 31, 2004, was presented„ advising that On March 5, 2004, Olympic Disposal, Co., notified the Health Department, in writing, that they are no longer interested in maintaining their Non -Exclusive Franchise Agreement for Solid Waste Management with the City of Vernon. This agreement was entered into April 1, 1999. Herewith are the following documents: • Affidavit of Posting • Notice of Public Hearing This has been reviewed by the Director of Environmental Health and the City Attorney. It is hereby recommended that pursuant to Section '12.50 of the Vernon City Code the Non -Exclusive Franchise Agreement with Olympic Disposal, Co., be terminated'_. The Mayor asked if anyone in the audience had any questions regarding this matter. There was no one wishing to make any comments. It was moved by McCormick, seconded by Gonzales, to close the public hearing, the time being 5:05 p.m, Motion carried: It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated March 31, 2004, 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:. 8424 - A Resolution of the City Council of the City of Vernon Terminating the Non -Exclusive Solid Waste Franchise Granted to Serv-West Disposal Inc, dba Olympic Disposal Co;. by the 'City Of Vernon Pursuant to Resolution No. 7299, was presented. .It was moved by Ybarra, seconded by Davis, that Resolution No. 8424 be approved and adopted. Motion carried. The City Clerk asked that the following Public Hearing, any supporting documents, and Resolution No, 8418 be deferred to the next City Council Meeting, Page 2 of 14 Regular City Council Meeting Minutes April 7, 200:4 Public Hearing - to consider an appeal of the City of Vernon's Director of Community Services determination that a truck terminal is not permitted at 2770 Leonis Boulevard in the City of Vernon. Communication from Bruce V. Malk,enhorst City Administrator/City Clerk, dated April 1, 2004, advising that, Paragon Logistics, Inc is currently operating a truck terminal located at 2770 Leonis Boulevard, which is in violation of Section 26,3.5-2 of the Vernon Comprehensive Zone. Paragon Logistics, Inc: has made an appeal request to overturn the Community Services and Water Department's.findings and is requesting to be allowed to occupy the mentioned location. This has been reviewed by the City Attorney and it is hereby recommended that the appeal by Paragon Logistics, Inc. be denied. RESOLUTION NO. 8418 - A Resolution of the City Council of the City of Vernon 'Making Findings in Support of Granting/Denying an Appeal by Paragon Logistics,'Inc. Concerning Permitted Use in M-Zone of a Truck Terminal at 2770 Leonis Boulevard. It was moved by Gonzales, seconded by Davis, that the aforementioned Public Hearing, any related documents, and Resolution No. 8418 be deferred to the next City Council Meeting and no action be taken at this time. Motion carried. The City Clerk advised that now was the time to open the public hearing to consider a request for a variance from Pi Yu Junkins from Section 26.4.2-8(c) of the City of Vernon Comprehensive Zoning Ordinance. It was moved by McCormick, seconded by-Ybarra, to open the public hearing the time being 5:05 p.m. Motion carried;. The Director of Community Services and Water, Kevin Wilson, addressed. the City Council and briefly summarized this matter and the staff report. Communication from Kevin Wilson, Director of Community Services and Water, dated March 31, 2004, was presented, advising that Pi 'Yu Junkins has requested a variance from the Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development Standards for the property located at 4901-03 Pacific Boulevard in the City of Vernon. The building was constructed with three (3) non -conforming truck loading spaces of which two measure 10.0 feet in width 25.6 feet in length, and one 1.0..0 feet in width and 31.8 feet in length. Pi 'Yu Junkins proposes to permanently seal the dock facing Pacific Boulevard (31.8 feet in length) and recess the two 25.6 fleet loading docks facing 49tn Street to a distance of 55 feet from the street right-of-way. Pi Yu Junkins has stated that the non -conforming; truck loading spaces facing 49th Street will be limited to trucks that do not extend into the Master Plan of Street Widths dated June 16, 1992,. Page 3 of 14 Regular City Council Meeting Minutes April 7, 2004 The current Comprehensive Zoning Ordinance requires truck - loading spaces to be ten (10) feet in width and sixty-five (6'5) feet in length. The variance is to allow the use of two (2) non- conforming truck -loading spaces. All 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 March 25,2004,: 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 categoricallyexempt from CEQA because it is an existing facility as described in Section 153Q1. A Notice of Exemption will be prepared and filed with the County Clerk. It is hereby recommended that the variance application permit be granted subject to the following conditions; 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. Junkins shall repair any broken, cracked or displaced sidewalk, curbs or gutters adjoining the site; e. 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 26.4.6-4(b). f All parking and loading areas necessary for Junkins 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. Page 4 of 14 Regular City Council Meeting Minutes April 7, 2004 g. The project site shall be maintained substantially in compliance with the site plan submitted, as part of this variance application,. h. The usage of the non -conforming truck loading .spaces shall be limited so that no trucks parked at or using the loading docks shall extend into the street right- of-way as shown on the Master Plan of Streets, dated June 16, 1992. i. This variance shall only be valid while Junkins remains the owner of the property.' • A new variance will be required upon change of ownership. j All existing and future tenants shall be notified of these restrictions and a condition stating this shall be placed in all future leases,. k. The facility shall be operated in a manner, which will ,not impede traffic on 49th Street and Pacific Boulevard. 1. 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, M. Junkins, as a successor -in -interest to Bank, agrees to be bound by the terms and conditions set forth in the Settlement Agreement executed by Bank and the City of Vernon on August 3rd, 1999, a copy of which is attached hereto and incorporated herein by reference. In particular, Junkins agrees to complete all repairs or improvements set forth in Exhibit "A" to the Settlement Agreement prior to the issuance of certificate of occupancy. n. The loading dock facing Pacific Boulevard shall be permanently sealed in conformity with the Building Code. 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, Junkins to comply with the truck parking and loading requirements of the Comprehensive Zoning Ordinance.: The Mayor asked if anyone in the audience had any questions regarding this matter. There was no one wishing to make any comments;. It was moved by McCormick, seconded by Ybarra, to close the public hearing, the time being 5:18p.m. Motion carried. I't was moved by Davis, seconded by Gonzales, that the aforementioned communication from the Director of .Community Services and Water, dated March 31, 2004, and any and all supporting documents submitted as evidence duringthepublic hearing be received and filed and his recommendation be approved. Motion carried. Page-5 of 14 Regular City Council Meeting Minutes April 7, 2004 RESOLUTION NO. 8416 - A Resolution of the City Council of the City of Vernon Granting a Variance to Pi Yu Junkins from Section 26.4.2-8(c) of the Comprehensive Zoning.Ordinance, for the Property located at 4901-03 Pacific Boulevard in the City of Vernon., was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8416 be approved and adopted-. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated March 31, 2004, was presented, advising that the Recycled Water Pipeline Extension, Contract No,. 580, has been completed. The total contract amount, including Change Orders 1 through 7, totaled $1,494,543.06,, The original contract award amount was $1,491,100,00 The remaining ten percent (10%) of - the total contract amount, or the sum of $149,454.31, is payable -thirty-five days after acceptance'of the work, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained., It is hereby recommended that the work, be accepted and that authority be granted to pay the contractor, Valverde Construction` Inc., in accordance with the contract agreement. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the Director of Community Services and Water, dated March 31, 2004, be 'received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8419 - A Resolution of the City Council of :the City of Vernon Accepting the Work of Valverde Construction, Inc., in Accordance with Contract No. 580.ofthe City of Vernon„ was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 8419'be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated March 23, 2004, was presented, transmitting a fully executed Grant Deed from U.S. Cold Storage of Hawaii, A Delaware Corporation. The Grant Deed is for a 5 wide strip of frontage property approximately 3,365 square feet in size, located on the northwest corner of Fruitland Avenue and Everett Avenue in the. City of Vernon, assessor's parcel numbers 6304-023-012. The property will be used for street purposes, This has been reviewed by the City Attorney and it is hereby recommended that ;the Grant Deed and the Certificate of Acceptance be approved and the Mayor and City Clerk be authorized to execute.the same. It was, moved by Gonzales, seconded by McCormick, that the aforementioned communication from the Director of Community Services and Water, dated March 23, 2004, be received and filed and the Grant Deed and Certificate of Acceptance be approved and executed. Motion carried. Page 6 of 14 Regular City Council Meeting Minutes April 7, 2004 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 1, 2004, was presented, recommending that the City Attorney be authorized to prepare a resolution approving the Conflictof Interest Code of the City of Vernon Historic Preservation Society adopted by Resolution No. VHPS-002 on February 18, 2004, It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated April 1, '2004, be received and filed' and his recommendation approved. Motion carried, RESOLUTION NO, 8417 - A Resolution of the City Council of the City of Vernon Approving.a Conflict of Interest Code for the Vernon Historic Preservation Society, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8417.be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April'1, 2004, was presented, advising that at this time it is necessary to approve Amendment No. One to the existing agreement with Central Basin Municipal Water District regarding the Buying and Selling of Recycled Water, which was approved on May 22, 2002, to clarify the parties, relationship under the agreement; all other terms and conditions remain the same. This has been reviewed by the City Attorney and it is hereby recommended that Amendment No. One to the existing agreement with Central Basin Municipal Water District be approved. It was moved, by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated April 1, 2064, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO, 8420 - A_Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of. an Amendment No. One to the Agreement Between the City of Vernon and Central Basin Municipal Water District Regarding the Buying and Selling of Recycled Water, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution, No. 8420 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated April 1, 2004, was presented, recommending that the 'following resolution declaring the City's intention to grant a franchise to Southern California Edison Company in conformance with the 1997 Supplement Restructuring Agreement approved on September 16, 1997,`be approved. It is further recommended to schedule public hearing, in accordance with the Public Utilities Code Section 6232, to proceed with said franchise, - Page 7 of 14 Regular City Council -Meeting Minutes April 7, 2004 It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated April 1, 2004, be received and filed and that a public hearing be set with regard to the franchise with. Southern California Edison for May 5, 2004. Councilman Davis abstained from voting and disqualified himself. Motion carried, RESOLUTION NO. 8423 - A Resolution of the City Council of the City of Vernon Declaring its Intention to Grant a Franchise to Southern California Edison Company, its Successors and Assigns, a Franchise to Use and to Construct and Use Poles, Wires, Conduits and Appurtenances', Including Communication Circuits Necessary or Proper Therefore, In, Along, Across, Upon, Over and Under the Public Streets, Ways, Alleys and Places Within the City of Vernon for the Purpose of Transmitting and Distributing Electricity Through the City of Vernon, but not. to Serve Retail, Wholesale, Resale or Other Electric Customers Located in the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8423 be approved and adopted. Councilman Davis abstained from voting and disqualified himself. Motion carried. Communication from Bruce v. Malkenhorst, City Administrator/City Clerk, dated March 10, 2004, was presented, requesting authority and funds for Deputy City Treasurer Sharon Johnson to attend the"California Municipal Treasures' Association Annual Conference" at South Lake Tahoe on April 19 through 23, 2004, with an expense allowance of $1,312.90, It was moved by Ybarra,` seconded by Davis, that authority and funds be approved for Sharon Johnson to attend the aforementioned conference with an expense allowance of $1,312.90 Motion carried. Communication from Bruce Olson, Chief of Police, dated March 11, 2004, was presented, requesting authority and funds for Lieutenant Steven Towles to attend the "APCO Conference and Exposition" at Ontario on May 12 through 14, 2004, with an expense allowance of $446.70,. It was moved by Davis, seconded by 'McCormick, that authority and funds be approved for Lieutenant Steven Towles to attend the aforementioned conference and exposition with an expense allowance of $446,70.; Motion carried. Communication from Bruce Olson, Chief of Police, dated March 23, 2004, was presented, requesting authority andfunds for Sergeant Jerry Winegar to attend the "Training Management Course" at Santa Rosa on June 7 through 11, 2004, with an expense allowance of $1,260.15, of which POST will reimburse $1,137.68. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Sergeant Jerry Winegar to attend the aforementioned course with an expense allowance of` $1,260.15. Motion carried. Page 8 of 14 Regular City Council Meeting Minutes April 7, 2004 Communication from Bruce Olson, Chief of Police, dated March 23, 2004, was presented, requesting authority and funds for Police Officer Donald Vanover to attend the "Remington Law Enforcement - Armorer's School" at Riverside on June 23 through 25, 2004, with an expense allowance of $550,.80, It was moved by Davis, seconded by Gonzales, that au ' thority and funds be approved for Officer Donald Vanover to attend the aforementioned school with an expense allowance of $550,80. Motion carried. Communication from Steven Parker, Fire Chief, dated March 24, 2004, was presented, requesting authority and funds for the below fisted Firefighters.to attend the "Emergency Trench Rescue and Shoring Class" at Anaheim on April 19 through 20, 2004, with an expense allowance of $175.00 each. • David Hickman • Tyler Shook It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed Firefighters to attend the aforementioned class with an expense allowance of $178.00 each. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated March 31, 2004, was presented, requesting authority and funds for Civil Engineer Ehab "Max" Maximous to attend the "Subdivision Map Act Advanced Seminar" at Los Angeles on April 16, 2004, with an expense allowance of $409.50,. It was moved by Davis, seconded by McCormick, that authority and funds be approved for Ehab "Max" Maximous to attend the aforementioned seminar with an expense allowance of $409.50i Motion carried. RESOLUTION NO. 8411 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 Palsons Electrical Engineering Services, Inc. for the Malburg Generating Station Project (Deferred from City Council Meeting held March 24, 2004), was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8411 be approved and adopted. Motion carried. RESOLUTION NO. 8421 - A Resolution of the City Council of the City of Ve ' rnon Authorizing the Sale of Surplus Property from the Following Departments: City Administrator/ City Clerk (Health, IT Division and Finance), Community Services and Water, Fire, Light & Power (MGS,) and Police, Pursuant to section 2.31 of the Vernon City Code, was presented. It was moved by McCormick, seconded by Davis, that 'Resolution No.. 8421 be approved and adopted. Motion carried. Page 9 of 14 Regular City Council Meeting Minute's April 7, 2004 RESOLUTION NO. 8425 - 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 Motorola,, Inc.,, was presented. It was moved by Gonzales, seconded by Ybarra,-that Resolution No, 8425 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated April '1, 2004, was presented, transmitting the Agenda for the Adjourned City Council Meeting - Finance Committee, Section, to be held on April 6, 2004, for approval of the recommendations contained therein. It was; moved by Ybarra, ,seconded by Davis, that the recommendations on the Agenda for the Adjourned City Council Meeting - Finance Committee Section, to be held on April 6,. 2004, be approved. Motion carried'. RESOLUTION NO. 8384 - A Resolution of the City Council of the City of Vernon Adopting an Annual Statement of Investment Policy for 2004 and Delegating Investment Authority to the City Treasurer, was presented. It was moved by Gonzales, seconded by McCormick., that Resolution No. 8384 be approved.and adopted. Motion carried. RESOLUTION NO. 8422 - A Resolution of the City Council of the City of Vernon Approving and Ratifying Actions Taken Regarding Renewal of Pollution Legal Liability 'Insurance from American International Specialty Lines Insurance Company, was presented. - It was moved by Ybarra, seconded by Davis, that Resolution No. 8422 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated April 1, 2004, was presented, transmitting the Agenda for the Regular City Council Meeting - Personnel Committee Section, to be held on April 6, 2004, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations on the Agenda for the Regular City Council Meeting - Personnel Committee Section, held on April 6,, 2004, be approved. Motion carried. The City Clerk asked that City of Vernon Warrant Register No. 1135 be deferred to the next City Council Meeting. City of Vernon Warrant Register No. 1135 covering claims and demands presented during the period of March 18, 2004 through April 1, 2004, drawn on Bank of America excluding Light & Power's demands and voided demands. It was moved by Ybarra,, seconded by Gonzales, that City of Vernon Warrant Register No. 1135 be deferred to the next City Council Meeting to obtain the total amount of the register, demand, numbers, and accounting period. Motion carried. Page 10 of 14 Regular. City Council Meeting Minutes April 7, 2004 ' The City Clerk asked that Light & Power of the City of Vernon Warrant Register No. 100 be deferred to the.next City Council Meeting to obtain the total amount of the register, demand, numbers, and accounting period. Light & Power of the City of Vernon Warrant Register No. 100 covering claims and demands presented during the period of March 18, 2004 through .April 1, 2004, drawn on 'Bank of America It was moved ,by Ybarra, seconded by Gonzales, that Light & Power of the City of Vernon Warrant Register No. 100 be deferred to the next City Council Meeting to obtain the total amount of,the register, demand,'numbers, and accounting period.. Motion carried. The Mayor called a short recess at 5:45 P.M. The City Council reconvened in regular session at 5:48 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 Gonzales, that the City Council go into closed session on Item No. 1, 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, Director of Community Services and Water, Utilityman IV, and the Assistant to the Chief Deputy City Clerk, 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 Util_ityman IV was excused at 5:54 p.m. Utilityman IV entered at 5:55 p.m, and was excused at 6:01 p.m. Utilityman I entered at 6:01 p.m. and was excused at 6:10 p.m. Utilityman I'I entered at 6:10 p.m. and was excused at 6:17 p.m. The Director of Community Services and Water was excused at 6:24 p,m. It was moved by Davis, seconded by Gonzales, that the City .Council go out of closed session on Item No, : 1-and resume regular session, the time being 6:24 p.m Motion carried. Page 11 of 14 Regular City Council Meeting- Minutes April 7, 2004 The City Clerk advised that there was nothing to be discussed 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 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 6:25, p.m, Motion carried. All persons were excluded from closed session with the exception of the, City Administrator/City Clerk, City Attorney, and the Assistant to the 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, CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) David Venegas, et al. v. City -of Vernon, LASC No. BC 207136; (b) Vernon v. Regional Water Quality Control Board; Nos. A=1280, A1280(a) and A-1280(b); (c) Alameda Corridor Transportation Authority. etc_" v- City,' of Vernon, .etc., et al,., LASC Case No. BC 238846 cons. with Cit of Vernon v. Alameda Corridor Transp,,, Auth., LASC Case No. BC 238841; (d) FERC Docket No. ER00-2019-000 (ISO)/EL00-105 (Vernon TRR); FERC Docket No. EL00-95 (SDG&E v. Sellers o'f Energy, et al.) consolidated with FERC Docket No. EL00-98; FERC Docket No,. EL03-54 (Anaheim, et al, v. ISO); (e) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (f) Sterling Davis v. City of Vernon, et al.., USDC No. CV- 01-01602 DDP (AJWx); (9) Cities of Arcadia,, et al., v. The California Regional Water Quality Control Board, etc., et al_ LASC No BC 245633; (-h) Central and West Basin Water Replenishment District,. etc., v. Charles E. Adams, et al, LASC No.,C 786656; (i) Department of Water Resources v. ACN Energy, Inc., et al. Case No.. 01AS05497; (j) Aucensio Saucedo Lopez v. Vernon; LASC No. 02CO0862 (H.P. District); (k) Vernon v. SoCalGas, E1 Paso Natural Gas, et al., Case No. BC 265905; (1) Jessica Rodriguez v. Vernon,; WCAB Case No. RIV' 0056007; Page 12 of 14 (m) Enron Power Marketinq.Inc. v. Vernon; USBC Adversary Proceeding No. 03-03131 (AJG); Regular City Council Meeting Minutes' April 7, 2004 (n) Mirant Americas Ener y Marketing, LP v. Vernon; USBC Adversary Proceeding No, 03-04440-dml; (:o) Jessica Rodriguez v. Vernon; LASC No. BC298890; (p) Lexington Insurance Company v. Vernon;; Norwalk Superior Court No, VC 040647; (q) Vernon v. Scott Co., et al_ LASC No. BC'300307; (r) CPUC No. 03-09-008 (SofalGas BCAP); (s) Luther Caston v. Vernon, et al.; LASC No. BC 295361. (t) Penn -America Insurance Company v. Vernon; LASC Nod BC 306257; (u) George C. Kim dba Korean Maintenance.Co. v. Vernon; LASC No. BC309589; (v) Greg Lynch v.' Vernon; WCAB No-,VNO 459075; 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 ease. 5. With respect to every item of'business to be discussed in closed session pursuant to Government Code 54956 . 95 , LIABILITY CLAIMS Claimant PAUL SCARZO" Agency Claimed Against; CITY OF VERNON It was moved ;by Ybarra, seconded by Davis, that the City Council go out of closed session on Items Nos. 3 and 4 and resume regular session, the time being 6:30,p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the discipline in the matter of the Utilityman IV be approved as recommended. Motion carried. It was moved by McCormick, seconded by Ybarra, that the discipline in the matter of the Utilityman IV be approved as recommended. Motion carried. It was moved by Ybarra„ seconded by Davis, that the disc,ipline in the matter of the Utilityman I be approved as recommended. Motion carried. It was moved by McCormick, seconded by Gonzales, that the discipline in the matter of the Utilityman II be approved as recommended Motion carried. It was moved by Ybarra, seconded by Davis, that the discipline in the: matter of the Utilityman IV be approved as recommended. Motion carried. Page 13 of 14 Regular City Council Meeting Minutes April 7; 2004 It was moved by McCormick, seconded by Ybarra, that Vernon's contribution of $5,,300 for legal fees to support the Coalition for Practical Regulation's opposition to an appeal filed by the Regional Water Quality Control Board in the Vernon y Regional Water 'Quality Control Board, Case Nos. A-1280, A 1280(a) and A-128'0(b), be approved, and the City Clerk be authorized to pay said contribution on behalf of the City. Motion carried. It was moved by Gonzales, seconded by Davis, that the settlement by and between the City of Vernon.and the Alameda Corridor Transportation Authority in the matter of Alameda Corridor Transportation Authority, etc v City of Vernon, etc., et al., LASC Case No. BC 238846, consolidated with City of Vernon v. Alameda Corridor Transportation'Authority, LASC Case No. BC 238841, be approved, and that Legal Counsel be authorized to negotiate an acceptable settlement ;agreement and any other documents required to resolve this litigation. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Settlement Agreement in the matter of Aucensio Saucedo Lopez v. City of Vernon, et al., Case No. 02CO0862, be approved, and the Mayor be authorized to execute the Agreement for, and on behalf of; the City. Motion carried,. It was moved -by Gonzales, seconded by Davis, that the City of Vernon's participation in the amicus curiae brief in the matter entitled City of Burbank, et al,, v. State Water Resources Control Board, et al. pending before the California Supreme Court and Legal Counsel's execution of the participation form on behalf of the City be ratified. Motion carried. It was moved by Ybarra, seconded by McCormick, that the retainer agreement with a psychologist for consulting services and independent medical examination services in the matter of Jessica Rodriguez v. City of Vernon, Case No. BC 298890, be approved, and the City's Legal Counsel be authorized to execute the agreement for and on behalf of the City. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting be adjourned, the time being 6:32 p.m. Motion carried. Page 14 of 14