Loading...
20050601 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 1, 2005, 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. The City Clerk advised that corrections to Work Authorization Nos. 05-013-LP, 05-015-LP, and 05-016-LP, listed on the consent calendar were necessary to include the Project Management Identification Nos. PM17, PM19, and PM20 respectively. It was moved by Ybarra, seconded by McCormick, that the Work Authorization Numbers be corrected to include the Project Management Identification Numbers as mentioned by the City Clerk. Motion carried. The City Clerk advised that the Ratification of the execution of Work Authorization No. 05-014-LP should be removed from the Consent Calendar. It was moved by Gonzales, seconded by Davis, that the Ratification of Work Authorization No. 05-014-LP be removed from the Consent Calendar. Motion carried. The City Clerk advised that the Section of the Personnel Committee listed on the Consent Calendar be corrected from Reimbursement to Merit Step Increase with no change in personnel. It was moved by Ybarra, seconded by Gonzales, that the Personnel Committee Section listed on the Consent Calendar as Reimbursement be corrected to Merit Step Increase with no change in personnel. Motion carried. It was moved by McCormick, seconded by Davis, that the Minutes of the Regular City Council Meeting held May 18, 2005, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 26, 2005, was presented, advising that the Director of Community Services & Water has selected Mike DeFrank, Project Engineer, to receive the Department's 2004 SPIRITS Award Level I for his superior performance during the past twelve months. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication presented by the City Administrator/City Clerk, dated May 26, 2005, be received, filed, and that Mike DeFrank receives the Community Services & Water Department 2004 SPIRITS Award Level I. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 26, 2005, was presented, advising that the Director of Community Services & Water has selected Bill Wilson, Code Enforcement Inspector, to receive the Department's 2004 SPIRITS Award Level I for his superior performance during the past twelve months. Regular City Council Meeting Agenda June 1, 2005 It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication presented by the City Administrator/City Clerk, dated May 26, 2005, be received, filed, and that Bill Wilson receives the Community Services & Water Department 2004 SPIRITS Award Level I. Motion carried. The City Clerk announced that now was the time to present the Service Pins. The Mayor presented a service pin to the following employee and extended congratulations on behalf of the entire City Council. Marisela Martinez Account Clerk 5 Years The following employees were unable to attend the meeting. The service pins were received by the respective department head. Joe Jimenez Systems Coordinator II 25 Years Fernando Weathers Utilityman I 25 Years Steven Wiles Police Officer 15 Years Jose Ortiz Engineering Aide 5 Years The City Clerk announced that now was the time to present the awards to the graduates from the Vernon Elementary School "D.A.R.E." (Drug Abuse Resistance Education) Program and to the students from Mrs. Moran's class for their outstanding essays regarding their experience in the program. Police Detective Inez Aragon introduced herself and thanked the students and teachers for their outstanding efforts in this program and proceeded to present the D.A.R.E. Awards: D.A.R.E. Essav Winners: Lazaro Perez Eduardo Villalobos Joe Ruiz Daniel Juarez Becky Hoang Grand Prize Winner: Gilberto Elizalde Hugo Uribe, a D.A.R.E. Essay Winner, was not in attendance and Detective Aragon announced that she would make sure the award would be delivered to Hugo Uribe. Mayor Malburg conducted the swearing in ceremony of Officer Jeremy Cross and congratulated Officer Cross on behalf of the entire City Council. A Proclamation of the Mayor and the City Council of the City of Vernon Supporting the American Cancer Society's Relay for Life on June 4 and 5 of 2005, was presented. Page 2 of 10 Regular City Council Meeting Agenda June 1, 2005 It was moved by Ybarra, seconded by Gonzales, that the Proclamation of the Mayor and the City Council supporting the American Cancer Society's Relay for Life be received and filed. Motion carried. Police Department Activity Log for the period May 15th through May 31st, 2005, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period May 15th through May 31st, 2005, be received and filed. Motion carried. Fire Department Activity Report for the period May 15th through May 31st, 2005, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period May 15th through May 31st, 2005, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience who wished to address the City Council on any item on the agenda other than with regard to any public hearings that may be listed. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time. The President of the Vernon Chamber of Commerce introduced herself, addressed the City Council, and advised them that Chamber is planning to become more involved and that members of the Chamber will be attending future Council Meetings. The Mayor asked if there was anyone else in the audience who wished to address the Council. There was no one else wishing to address the City Council at this time. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 26, 2005, was presented, advising that the State of California recently adopted the 2004 edition of the California Electrical Code, which will take effect as published on August 1, 2005, unless amended by the City. The Community Services Department has reviewed the code and proposed several minor modifications to certain code sections to further protect the safety of the community. This has been reviewed by the City Attorney and it is hereby recommended that an ordinance be introduced amending certain sections of the City's code and adopting, by reference, the 2004 edition of the California Electrical Code and the 2003 edition of the International Code Council Electrical Code Administrative Provisions. It is further recommended that a public hearing be scheduled for the date of the second reading of said ordinance, June 15, 2005. Page 3 of 10 Regular City Council Meeting Agenda June 1, 2005 It was moved by Ybarra, seconded by Davis, that the aforementioned communication presented by the City Administrator/City Clerk, dated May 26, 2005, be received and filed and that a public hearing be scheduled, for the second reading of Ordinance No. 1109, June 15, 2005. Motion carried. ORDINANCE NO. 1109 - An Ordinance of the City Council of the City of Vernon Amending Chapter 24, Building and Construction, of the Code of the City of Vernon; Adopting by Reference the 2004 California Electrical Code and the 2003 Edition of the International Code Council Electrical Code Administrative Provisions; and Repealing All Ordinances and Parts of Ordinances in Conflict Therewith, was approved for a first reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1109 be approved for a first reading. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstained: None The Consent Calendar was presented. Community Services & Water Department Ratification for attendance of the following: • "The Water Well Rehabilitation Workshop" Requesting authority for personnel to attend the following: • "Conducting Employee Performance Evaluations Seminar" • "Best Practices for Managing Inventories and Cycle Counts Workshop" Health Department Requesting authority for personnel to attend the following: • "The Exceptional Assistant Seminar" • "Microsoft Excel Workshop" • "Phase II Storm Water Regulation and Compliance Seminar" Police Department Requesting authority for personnel to attend the following: • "In -Progress Dispatcher Training" Finance Committee Meeting of May 23, 2005 Request to issue a purchase order to Gursey, Schneider & Co. for the purchase of one Laserfiche Forms Processing License and one Page 4 of 13 Regular City Council Meeting Agenda June 1, 2005 Software Assurance Plan for the Police Department at an approximate cost of $5,674.00. Request to issue a purchase order to Purchase Planners Group for the purchase and installation of wallpaper for the Police Department at an approximate cost of $9,042.84. Request to issue a purchase order to Reliable Wholesale Lumber for the purchase of several different sizes of lumber for the Fire Department at an approximate cost of $9,937.87. Request to issue a purchase order to Gateway Inc. for the purchase of a lap top computer system for the Environmental Health Department at an approximate cost of $2,000.00, utilizing Local Enforcement Agency Grant Funds. Ratification of Change Order No. Comeland Maintenance for a total janitorial services. 2 to the agreement with monthly amount of $7,450.60 for Continued Review of proposed 2005-2006 Budget. Finance Committee Meeting of May 3112 June 1, 2005 RESOLUTION NO. 8754 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase Contract By and Between the City of Vernon and Motorola, Inc. for Radio Receivers and Related Equipment for Police Department Request to issue a purchase order to Nextel for the upgrade of the radios, tracking software, and software maintenance for the Community Services & Water Department at an approximate cost of $23,356.80. Ratification of the execution of Work Authorization No. PM17-05- 013-LP to the Contract with Galliera Inc., dba Trico Construction in the amount of $1,995.00. Ratification of the execution of Work Authorization No. 05-014- LP to the Contract with Galliera Inc., dba Trico Construction in the amount of $15,000.00, utilizing Hampton -Tedder as the Subcontractor. Ratification of the execution of Work Authorization No. PM19-05- 015-LP to the Contract with Galliera Inc., dba Trico Construction in the amount of $36,971.10, utilizing AREVA as the Subcontractor. Ratification of the execution of Work Authorization No. PM20-05- 016-LP to the Contract with Galliera Inc., dba Trico Construction in the amount of $34,320.00, utilizing Rhino Construction as the Subcontractor. Continued Review of proposed 2005-2006 Budget. Page 5 of 13 Regular City Council Meeting Agenda June 1, 2005 Personnel Committee A. Merit Step Increase Requesting -atrt-hem-to- r eifRburse-en an individual basis the belew listed-emsieyees--€er the-susfaetery -_mr, e i_n of qualifiedRequesting the Grant of a merit step increase for the below listed employee(s) • Danita Robertson, to Records Manager, Step 4 • David LeDuff, to Environmental Specialist, Step 1 • Daniel Garcia, to Bulk Power Manager, Step 2 B. Schedule Change Requesting a change in shift schedule for the below listed employee(s) • Battalion Chief Mark Whitworth C. Reclassification Requesting Employment Reclassification of the below listed employee(s) • Police Officer Douglas Ulibarri to VSO, Step 7 D. Resignation Requesting acceptance of the resignation from the below listed employee(s) • Victoria Valenzuela, Account Clerk It was moved by Ybarra, seconded by McCormick, that the matters listed on the Consent Calendar and corrected as previously requested be approved with the exception of the ratification of the execution of Work Authorization No. 05-014- LP. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 26, 2005, was presented, advising that on March 2, 2005, the Finance Committee of the City of Vernon recommended that the City Council approve the participation of the City in the Local Government Sharing Program (the "Program") (AB63) at a not to exceed cost of $500.00. This has been reviewed by the City Attorney and it is hereby recommended that the City Administrator be authorized to execute the agreement and any other documents necessary to implement the City's participation in the Program, and payment be issued in the amount of $500.00 to the Franchise Tax Board for the period May 1, 2005 through January 31, 2006. Page 6 of 13 Regular City Council Meeting Agenda June 1, 2005 It was moved by Gonzales, seconded by Davis, that the aforementioned communication presented by the City Administrator/City Clerk, dated March 2, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8744 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Agreement No. C0424203 By and Between the City of Vernon and the Franchise Tax Board Regarding the City's Participation in Local Government Sharing Program, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8744 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 26, 2005, was presented, advising that based on the Light & Power Department's recent review of energy costs for the current fiscal year, it is necessary that Rate Schedule No. CS be amended to change the late charge fee to 5% of unpaid balance in order to reduce its administrative expenses. This has been reviewed by the City Attorney and it is hereby recommended that Rate Schedule No. CS be amended. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication presented by the City Administrator/City Clerk, dated May 26, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8745 - A Resolution of the City Council of the City of Vernon Amending Rate Schedule No. CS Regarding Electrical Rates to be Charged for Electrical Energy Distributed and Supplied by the City Within Its Boundaries, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8745 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated May 23, 2005, was presented, recommending that Contract No. 594, Demolition of City Owned Auxiliary Shed and Associated Structures at 2301 Vernon Avenue, be approved and authority granted to advertise for bids. It was moved by Ybarra, secoded by Gonzales, that the aforementioned communication presented by the City Administrator/City Clerk on behalf of the Director of Community Services & Water, dated May 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8756 - A Resolution of the City Council of the City of Vernon Approving Contract No. 594 for the Demolition of City Owned Auxiliary Shed and Associated Structures at 2301 Vernon Avenue and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. Page 7 of 13 Regular City Council Meeting Agenda June 1, 2005 It was moved by Davis, seconded by McCormick, that Resolution No. 8756 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated May 23, 2005, was presented, recommending that Contract No. 595, Reservoir 2-1 Roof Improvement, be approved and authority granted to advertise for bids. It was moved by Ybarra, secoded by McCormick, that the aforementioned communication presented by the City Administrator/City Clerk on behalf of the Director of Community Services & Water, dated May 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8757 - A Resolution of the City Council of the City of Vernon Approving Contract No. 595 for the Reservoir 2-1 Roof Improvement and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 8757 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services & Water, dated May 23, 2005, was presented, recommending that Contract No. 592, District Boulevard and Fruitland Avenue Sewer Main Replacement, Central Manufacturing District (CMD) Sewer Phase III, be approved and authority granted to advertise for bids. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication presented by the City Administrator/City Clerk on behalf of the Director of Community Services & Water, dated May 23, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8758 - A Resolution of the City Council of the City of Vernon Approving Contract No. 592 for District Boulevard and Fruitland Avenue Sewer Main Replacement, Central Manufacturing District (CMD) Sewer Phase III and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 8758 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 26, 2005, was presented, advising that the Light & Power Department is requesting approval of a Letter Agreement with Southern California Edison Company ("Edison") setting forth the terms and conditions whereby Edison will engineer, design, procure, construct and install five (5) meters at the Laguna Bell Substation, including communication and appurtenant equipment meeting the criteria of the California Independent System Operator ("ISO"). The estimated cost for installation of this equipment is $76,400.00. Page 8 of 13 Regular City Council Meeting Agenda June 1, 2005 This has been reviewed by the City Attorney and it is hereby recommended that a Letter Agreement with Edison be approved and executed at said amount. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication presented by the City Administrator/City Clerk, dated May 26, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8759 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon and Southern California Edison Company Regarding the Installation of Meters at the Laguna Bell Substation, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8759 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 26, 2005, was presented, advising that the City Attorney is requesting that an inducement resolution be approved to facilitate a tax-exempt industrial development bond in an amount not to exceed $7,800,000.00 for a new food processing facility to be located on Vernon Avenue that will primarily process poultry, beef, and other pork products for further sale to restaurants and distributors. GE Capital Public Finance, Inc. has committed to provide the financing for the new facility. This has been reviewed by the City Attorney and it is hereby recommended that said resolution be approved and adopted. It was moved by McCormick, seconded by Davis, that the aforementioned communication presented by the City Administrator/City Clerk, dated May 26, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8760 - A Resolution of the City Council of the City of Vernon Inducing the Acquisition of Construction of Food Processing Facility in the City to be Financed from the Proceeds of Tax -Exempt Revenue Bonds, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8760 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 31, 2005, was presented, advising that the Light & Power Department is requesting the adoption of an Interruptible Service Agreement Form providing the terms and conditions under which qualified customers will take service under Rate Schedule TOU-I. This has been reviewed by the City Attorney and it is hereby recommended that the Interruptible Service Agreement Form be adopted. Page 9 of 13 Regular City Council Meeting Agenda June 1, 2005 It was moved by Gonzales, seconded by Davis, that the aforementioned communication presented by the City Administrator/City Clerk, dated May 31, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8761 - A Resolution of the City Council of the City of Vernon Adopting a Form Interruptible Service Agreement for Customers that are Able to Receive Interruptible Service Under Rate Schedule TOU-I, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8761 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 26, 2005, was presented, advising that the Fire Department is requesting the approval of a Mutual Aid Agreement with the Consolidated Fire Protection District of Los Angeles County, commonly known as the Los Angeles County Fire Department, for the exchange of resources when needed. This has been reviewed by the City Attorney and it is hereby recommended that said agreement be approved and executed. It was moved by Davis, seconded by Ybarra, that the aforementioned communication presented by the City Administrator/City Clerk, dated May 26, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8762 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Exchange of Fire Protection and Rescue Services Automatic Aid/Initial Action By and Between the City of Vernon and the Consolidated Fire Protection District of Los Angeles County, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8762 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 26, 2005, was presented, advising that the Public Employee Crime Policy with Hartford Fire Insurance Company expires June 22, 2005, and the proper documentation has been executed to keep this policy in place. This has been reviewed by the City Attorney and it is hereby recommended that the actions taken by the City Administrator to renew said policy through the City's broker, Arthur J. Gallagher & Co., for the period June 22, 2005 through June 22, 2006, at a cost of $1,164.00 be ratified. It was moved by Ybarra, seconded by Davis, that the aforementioned communication presented by the City Administrator/City Clerk, dated May 26, 2005, be received and filed and his recommendation approved. Motion carried. Page 10 of 13 Regular City Council Meeting Agenda June 1, 2005 RESOLUTION NO. 8763 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Actions Taken Regarding Renewal of Public Employee Crime Policy with Hartford Fire Insurance Company, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8763 be approved and adopted. Motion carried. The City Clerk advised that the Resolution No. 8764 be removed from the agenda. RESOLUTION NO. 8764 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to Agreement for Malburg Generating Station Project Director Consulting Services By and Between the City of Vernon and Samuel W. Grossman. It was moved by Ybarra, seconded by Davis, that Resolution No. 8764 be removed from the agenda and no further action be taken at this time. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated May 31, 2005, was presented, advising that this legislative body recently approved the rental of a billboard advertisement from ClearChannel. The southern facing billboard will commemorate the 100-year anniversary of the City of Vernon while the northern facing billboard will feature the Malburg Generating Station and will include the names of all five councilmen. The billboard was rented out at the government rate and will run approximately from mid -July to mid -September. This has been reviewed by the City Attorney and it is hereby recommended that the proposed design be approved. It was moved by Ybarra, seconded by Davis, that the aforementioned communication presented by the City Administrator/City Clerk, May 31, 2005, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8765 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Design of Billboards to Celebrate the One Hundredth Anniversary of the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8765 be approved and adopted. Motion carried. Warrant Register No. 1165 covering claims and demands presented during the period of May 12 through May 25, 2005, drawn on Bank of America totaling $709,666.73, which includes Demand Nos. 306169 through 306364 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period June 2005), was examined and audited. 306180 306216 306232 306239 306240 306241 306242 306243 306244 Page 11 of 13 Regular City Council Meeting Agenda June 1, 2005 It was moved by Ybarra, seconded by Davis, that Warrant Register No 1165 be approved and payment authorized for claims and demands totaling $709,666.73. Motion carried. Light & Power of the City of Vernon Warrant Register No. 130 covering claims and demands presented during the period of May 12 through May 25, 2005, drawn on Bank of America totaling $6,089,827.90, which includes Demand Nos. 501569 through 501608 (inclusive), and also excluding Void Demand Nos. as listed below. (Accounting period June 2005), was examined and audited. 501583 501584 501585 501586 501587 501588 It was moved by McCormick, seconded by Gonzales, that the Light & Power of the City of Vernon Warrant Register No. 130 be approved and payment authorized for claims and demands totaling $6,089,827.90. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonable foreseeable that his decision may have a material financial effect on his source of income. Ratification of City of Vernon Requisitions from 2004 Series C Construction Fund covering claims and demands presented during the period of May 12 through May 25, 2005, drawn on the Bank of New York Trust Company, N.A. totaling $514,993.82, which includes Requisition Nos. 138 through 142 (inclusive). It was moved by Gonzales, seconded by Davis, that the issuance of the Requisitions from the 2004 Series C Construction Fund and the payment of claims and demands totaling $514,993.82 be ratified. Motion carried. Ratification of City of Vernon Requisitions from Light & Power Custody Escrow Account No. 800452 covering claims and demands presented during the period of May 12 through May 25, 2005, drawn on The Bank of New York Trust Company, N.A. totaling $5,271,349.53, which includes Requisition Nos. CE126 through CE129 (inclusive) It was moved by Ybarra, seconded by McCormick, that the issuance of the requisitions from the Light & Power Custody Escrow Account No. 800452 and the payment of claims and demands totaling $5,271,349.53 be ratified. Motion carried. The City Clerk announced that now was the time to go into closed session. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session, the time being 5:36 p.m. Motion carried. Everyone was excused from closed session with the exception of the City Administrator/City Clerk, City Attorney, members of the City Attorney's Office, and outside Counsel of the City. The Mayor ordered all communications to and from closed session deemed privileged and confidential. Page 12 of 13 Regular City Council Meeting Agenda June 1, 2005 It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 5:50 p.m. Motion carried. It was reported out that the City Council had a conference in closed session with legal counsel pursuant to subdivision (a) of Government Code Section 54956.9 with respect to existing litigation and that authority was given to the City Attorney to accept and take action to finalize the settlement of the case WCAB No. VNO 459075, and join the appeal of the Cities of Arcadia, et al. v. Regional Water Quality Control Board, Case No. BS080548 (Related Cases BS080753, BS080758, BS080792, BS080807.) It was reported out that the City Council had a conference in closed session with legal counsel pursuant to subdivision (b) Government Code Section 54956.9 with respect to anticipated litigation and that authority was given to the City Attorney to reject the claim submitted by Molleda and to accept the claim submitted by Marquez. There being no further business to come before the City Council at this time, it was moved by Gonzales, seconded by McCormick, that the Council Meeting be adjourned, the time being 5:52 p.m. Motion carried. ATTEST: / Bruce V. Malkenhorst City Clerk eonis C. Malb g Mayor Page 13 of 13