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20011219 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 19, 2001, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Gonzales, Ybarra, 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 City Council Meeting held December 13, 2001 be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 13, 2001, was presented, advising that the below listed employees qualified in the month of November 2001 for a Perfect Attendance Award. This is awarded to employees on the basis of a minimum of two (2) years of perfect attendance: Date of Hire Employee Award/Yrs 06/14/92 Marco Reynoso Utilityman III 2 04/01/84 Pilar Arguello Utilityman II 2 11/08/89 Frank Saldana Utilityman II 2 03/16/63 James Dunn Fire Captain 2 Analyst 3 O1/10/91 Victor Vasquez Meter Reader 3 11/06/89 Elias Zepeda Utilityman II 12 08/01/83 Edward Rodriguez Utilityman II 13 The Mayor presented 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. 11/22/99 Joe Menchaca 11/09/98 Victor Ontiveros 11/09/98 Vipul Patel 11/24/97 Bruce V. Malkenhorst, Jr. 08/17/87 John Cusolito 07/01/85 Wenceslao Reynoso O1/07/91 Jeff Smith 09/18/89 Daniel Kimes 08/17/87 William Niesley 11/02/92 Andrew Kroner 11/02/92 Todd Painton 11/04/91 Claudia Arrellano 11/16/83 James Rodino 07/25/79 Martha Valenzuela 06/23/85 Martin Sanchez Police Officer 2 Police Officer 3 Information System Systems Coordinator I 4 Fire Captain 6 Code Enforcement Inspector 6 Firefighter 7 Fire Captain 8 Fire Captain 8 Firefighter 9 Fire Engineer 9 Secretary to the Director of Community Services 10 Police Lieutenant 11 Office Manager 12 Systems Coordinator II 14 Regular City Council Meeting Minutes December 19, 2001 The Mayor called a short recess at 5:07 p.m. The City Council reconvened at 5:10 p.m., all members present before the recess again being present. Police Department Activity Log for the period December 1 through 15, 2001, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period December 1 through 15, 2001 be received and filed. Motion carried. Fire Department Activity Report for the period December 1 through 15, 2001, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period December 1 through 15, 2001 be received and filed. Motion carried. Risk Management Report for the month of November 2001, was presented. It was moved by McCormick, seconded by Davis, that the Risk Management Report for the month of November 2001 be received and filed. Motion carried. Health Department Report for the month of November 2001, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of November 2001 be received and filed. Motion carried. The Mayor asked if there was anyone in the audience who wished to address the City Council at this time on any item on the agenda other than with regard to any public hearings that may be listed. There was no one wishing to address the City Council at this time. The City Clerk asked that the following communication be removed from the agenda. Communication from Kevin Wilson, Director of Community Services and Water, dated December 5, 2001, transmitting a fully executed Grant Deed and a Grant of Easement from ALCOA DRP Associates, L.L.C. and ALCOA LHP Associates, L.L.C. The Grant Deed is for a portion of property approximately 1400 square feet in size, located on the west side of Alcoa Avenue approximately 175 feet south of Leonis Boulevard in the City of Vernon. The property will be used for street purposes. The Grant of Easement is for a portion of property approximately 432 square feet in size, located on the west side of Alcoa Avenue, approximately 199 feet south of Leonis Boulevard in the City of Vernon. The property will be used for utility purposes. Page 2 of 13 Regular City Council Meeting Minutes December 19, 2001 It is recommended that the Grant Deed and Grant of Easement be accepted, the Certificates of Acceptance be approved, and the Mayor and City Clerk be authorized to sign. (Deferred from the Adjourned Regular City Council meeting held December 13, 2001). It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the Director of Community Services and Water, dated December 5, 2001 be removed from the agenda and no action taken at this time. Motion carried. The City Clerk asked that the following communication and resolution regarding the transfer or lease of real property located at 3375 E. Slauson Avenue, Vernon, California be removed from the agenda. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 13, 2001, advising that the City and the Redevelopment Agency have been investigating the feasibility of constructing a business development center on the property located at 3375 E. Slauson Avenue. To facilitate the progress of this project, a public hearing is necessary to explain the benefits of the transaction to the public and afford interested persons the opportunity to comment on the transaction. It is hereby recommended that the City and the Agency consider a Transfer or Lease Agreement regarding the real property located at 3375 E. Slauson Avenue. RESOLUTION NO. 7889 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Transfer Or Lease Agreement By And Between The City Of Vernon And The Redevelopment Agency Of The City Of Vernon Regarding The Real Estate Located At 3375 E. Slauson Avenue. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated December 13, 2001 and Resolution No. 7889 be removed from the agenda and no action taken at this time. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 4, 2001, was presented, requesting authority and funds for himself and the below listed officials to attend the "League of California Cities `Employee Relations Institute' Conference" at Newport Beach on January 24 and 25, 2002, with an expense allowance of $922.60 each. • Thomas Ybarra, Mayor Pro Tem • Hilario Gonzales, Councilman It was moved by Davis, seconded by Gonzales, that authority and funds be approved for the above listed officials to attend the aforementioned conference with an expense allowance of $922.60 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 7, 2001, was presented, requesting authority and funds for Police Officer Brandon Gray to attend the "Interview and Interrogation Technique Seminar" at San Pedro on January 14 through 18, 2002, with an expense allowance of $594.00 of which POST will reimburse $574.40. Page 3 of 13 Regular City Council Meeting Minutes December 19, 2001 It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Police Officer Brandon Gray to attend the aforementioned seminar with an expense allowance of $594.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 7, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "Tactics Covert Crisis Entry Seminar" at Orange on January 29 and 30, 2002, with an expense allowance of $258.40 of which POST will reimburse $248.40 each: • Inez Aragon, Police Officer • Ben Busse, Sergeant • Eugenio Cerda, Police Officer • Richard Hill, Police Officer • Christian Moscoso, Police Officer • David Rumley, Sergeant • Ana Quinones, Police Officer • Oscar Zozaya, Police Officer It was moved by Davis, seconded by McCormick, that authority and funds be approved for the above listed police personnel to attend the aforementioned seminar with an expense allowance of $258.40 each. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated December 12, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "California Certified Unified Program Agency Seminar" at Silicon Valley February 4 through 8, 2002, with an expense allowance of $1,021.80 each: • David LeDuff, Environmental Health Specialist • Lyndon OngYiu, Environmental Health Specialist It was moved by Gonzales, seconded by Ybarra, that authority and funds be granted for the above listed personnel to attend the aforementioned seminar with an expense allowance of $1,021.80 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 4, 2001, was presented, requesting authority and funds for Police Detective Joseph Rodriguez to attend the "Criminal Investigation Core Course" at San Diego on January 21 through February 1, 2002, with an expense allowance of $1,435.00 of which POST will reimburse $1,138.00. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Police Detective Joseph Rodriguez to attend the aforementioned course with an expense allowance of $1,138.00. Motion carried. Page 4 of 13 Regular City Council Meeting Minutes December 19, 2001 Communication from Bruce Olson, Chief of Police, dated December 11, 2001, was presented, requesting authority and funds for the below listed personnel to attend the "Driving Under the Influence Seminar" at Laguna Hills on February 4 through 8, 2002, with an expense allowance of $991.32 of which POST will reimburse $920.96 each: • Ana Quinones, Police Officer • Phillip Swinford, Police Officer It was moved by Davis, seconded by Gonzales, that authority and funds be approved for the above listed police personnel to attend the aforementioned seminar with an expense allowance of $991.32 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 13, 2001, was presented, recommending that Resolution No. 4021, pertaining to Jury Duty approved and adopted December 1, 1970, be amended to include the following: • The employee will not be required to use vacation time when summoned to appear before court. • The employee must notify immediately his/her supervisor upon receipt of a Jury Duty Summons. • The employee shall come to work before and after appearing in court depending on the time summoned by the court in order to be paid by the City for the day and shall submit proof of Jury Duty Attendance. • The employee will receive only Jury Duty Pay for the day(s) he/she attends and does not report to work during the same day he/she is to appear in court. • Jury Duty will not affect the employee's perfect attendance. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated December 13, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7892 - A Resolution Of The City Council Of The City Of Vernon Adopting A Jury Duty Policy And Repealing Resolution No. 4021, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7892 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 13, 2001, was presented, submitting a Professional and Technical Services Agreement and a Service Subscription and Sublicense Agreement, by and between, the City of Vernon and Digital Map Products, LLC. This is for a GIS Software program to increase the efficiency and abilities of city operations. Staff has reviewed two vendors and DMP provided the best overall service and cost as follows: 1. Professional and Technical Services $236,740.00 2. Annual Subscription Fee for 5 years $ 25,000.00 Page 5 of 13 Regular City Council Meeting Minutes December 19, 2001 This has been reviewed by the City Attorney and Assistant to the City Administrator, and it is hereby recommended that the Professional and Technical Services Agreement and a Service Subscription and Sublicense Agreement, by and between, the City of Vernon and Digital Map Products, LLC. be approved and executed, and that a resolution be adopted. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated December 13, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7887 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Professional And Technical Services Agreement (0001001SV) By And Between The City Of Vernon And Digital Map Products, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7887 be approved and adopted. Motion carried. RESOLUTION NO. 7888 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A CityGIS Service Subscription And Sublicense Agreement (0001001CG) By And Between The City Of Vernon And Digital Map Products, LLC, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7888 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated December 12, 2001, was presented, advising that the Street Sweeping 1999 contract, Contract No. 548 expires December 31, 2001. The contract provides for extension by mutual agreement under the Section Contract Extension of the Special Provisions. Joe's Sweeping, Inc. dba Nationwide Environmental Services has indicated that they would like to continue under the present contract. Under the Compensation Section of the Special Provisions they are eligible for a Consumer Price Index (C.P.I.) increase in the contract. This would be 75% of the C.P.I. as published January 1, 2002. The present C.P.I. is 2.6%. This would be an increase of the present monthly contract of $5,806.64 to approximately $5,919.87. It is hereby recommended that the contract be extended to December 31, 2002. It was moved by Davis, seconded by Gonzales, that the aforementioned communication from the Director of Community Services and Water, dated December 12, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7884 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A One -Year Extension Of Contract No. 548 (January 1, 2002-December 31, 2002) By And Between The City Of Vernon And Joe's Sweeping, Inc., Dba Nationwide Environmental Services, was presented. Page 6 of 13 Regular City Council Meeting Minutes December 19, 2001 It was moved by Ybarra, seconded by McCormick, that Resolution No. 7884 be approved and adopted. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated December 12, 2001, was presented, advising that Contract No. 556, Paving of Pipe Yard, has been completed. The total contract amount, including Extra Work Order 1 is $279,016.72. A payment of $159,535.44 is now due. The remaining ten percent (10%) of the total contract amount, or the sum of $27,901.67, 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, LMT Enterprises, Inc., DBA Tyner Paving Contractor, 2005 San Fernando Road, Los Angeles, California 90065, in accordance with the agreement. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the Director of Community Services and Water, dated December 12, 2001 be received and filed. Motion carried. RESOLUTION NO. 7886 - A Resolution Of The City Council Of The City Of Vernon Accepting The Work Of LMT Enterprises, Inc., Dba Tyner Paving Contractor In Accordance With Contact No. 556 Of The City Of Vernon, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7886 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 13, 2001, was presented, advising that due to the recent Afghanistan conflict, it is hereby recommended that a Resolution be approved and adopted to compensate employees who are serving the armed forces and report to work while on active military duty. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated December 13, 2001 be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7883 - A Resolution Of The City Council Of The City Of Vernon Adopting A Military Leave Policy, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 7883 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 13, 2001, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee meeting to be held December 18, 2001 for approval of the recommendations contained therein. Page 7 of 13 Regular City Council Meeting Minutes December 19, 2001 It was moved by Gonzales, seconded by Ybarra, that the recommendations on the agenda of the Adjourned Regular Personnel Committee meeting held December 18, 2001 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated December 13, 2001, was presented, transmitting the Minutes of the Regular Finance Committee meeting held December 11, 2001 for approval of the recommendations contained therein. The City Clerk advised that there was an error on the aforementioned communication requesting approval of the Minutes of the Finance Committee meeting held December 11, 2001 and asked that the communication be changed to request the approval of the recommendations contained on the Agenda for the Regular Finance Committee held December 18, 2001. It was moved by Ybarra, seconded by Davis, that the recommendations on the agenda of the Regular Finance Committee meeting held December 18, 2001 be approved. Motion carried. RESOLUTION NO. 7891 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Annual Maintenance Agreement By And Between The City Of Vernon And Layne Christensen Company, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7891 be approved and adopted. Motion carried. Warrant Register No. 1080 covering claims and demands presented during the period of December 6, 2001 through December 12, 2001, drawn on Wells Fargo Bank totaling $243,789.21, which includes demand Nos. 201958 through 202184 (inclusive), excluding Utilities demands and voided check nos. as listed below: (Accounting period December 2001). 201958 201959 201960 201961 201963 201981 THROUGH 2O2082 It was moved Davis, seconded by McCormick, that Warrant Register No. 1080 be approved and payment authorized for claims and demands totaling $1,809,131.53, excluding Utility demands and voided checks as mentioned above. Motion carried. Warrant Register No. 1080 covering claims and demands presented during the period of December 6, 2001 through December 12, 2001, drawn on Wells Fargo Bank totaling $916,135.66 which includes Utilities demand nos. as listed below. (Accounting period December 2001) : 201969 201970 201971 201972 201975 201977 202093 202097 202098 202100 202103 202106 202118 202126 202131 202132 202135 202137 202144 202146 202155 202156 202159 202160 202161 202167 202176 202179 Page 8 of 13 Regular City Council Meeting Minutes December 19, 2001 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1080 be approved and payment authorized for Utility claims and demands totaling $916,135.66. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that his decision may have a material financial effect on his source of income. Payroll Warrant Register No. 546 covering claims and demands presented during the period of October 7, 2001 through November 17, 2001, drawn on Wells Fargo Bank totaling $2,512,147.90, which includes demand nos. 7341 through 7383 (inclusive). (Accounting Period: November 2001). It was moved by Gonzales, seconded by McCormick, that Payroll Warrant Register No. 546 be approved and payment authorized for claims and demands totaling $2,512,147.90. Motion carried. RESOLUTION NO. 7885 - A Resolution Of The City Council Of The City Of Vernon Amending Section 24 Of Resolution No. 7796, As Amended, Which Fixed The Compensation For Certain Employees And Authorized Certain Expense Allowances, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 7885 be approved and adopted. Motion carried. The City Clerk asked that the following communication and resolution be removed from the agenda. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 13, 2001, submitting an agreement by and between the City of Vernon, The Redevelopment Agency of the City of Vernon, and Chalmers Corporation, DBA C.E.G. Construction. The construction of a business development center has been deemed a viable project to initiate in order to attract new and expanding businesses. Extensive research and negotiations have been completed by staff and Woodbury consultants for the design and construction of the center, at an approximate cost of $2,660,000.00. This has been reviewed by the City Attorney, Director of Community Services and Water, and the Assistant to the City Administrator, and it is hereby recommended that an agreement by and between the City of Vernon, The Redevelopment Agency of the City of Vernon, and Chalmers Corporation, DBA C.E.G. Construction be approved and executed, and a Resolution adopted. RESOLUTION NO. 7890 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of An Agreement By And Between The City Of Vernon, The Redevelopment Agency Of The City Of Vernon And Chalmers Corporation, Dba C.E.G. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated December 13, 2001 and Resolution No. 7890 be removed from the agenda and no action taken at this time. Motion carried. Page 9 of 13 Regular City Council Meeting Minutes December 19, 2001 The Mayor called a short recess at 5:35 p.m. The City Council reconvened in regular session at 5:37 p.m., all members present before the recess again being present. The City Clerk announced that now was the time to go into closed session on Item No. 1. It was moved by Gonzales, seconded by Davis, that the City Council go into closed session on Item No. 1, the time being 5:38 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, the Chief Deputy City Clerk, the Assistant Chief Deputy City Clerk, the City Attorney, the Chief of Police, and Police Lieutenant. 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 Discipline/Dismissal/Release: Police Lt. Police Lieutenant was excused at 5:41 p.m. The Chief of Police was excused at 5:47 p.m. It was moved by Ybarra, seconded by Gonzales, that the City Council go out of closed session and resume regular session, the time being 5:48 p.m. Motion carried. The City Clerk announced 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 Section 54957.6. a. Conference with Labor Negotiator Agency Negotiator: City Administrator Unrepresented Classifications The City Clerk announced that now was the time to into closed session on Item Nos. 3, 4, and S. It was moved by Gonzales, seconded by Ybarra, that the City Council go into closed session on Item Nos. 3, 4, and 5, the time being 5:50 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, the Chief Deputy City Clerk, the Assistant Chief Deputy City Clerk, and the City Attorney. Page 10 of 13 Regular City Council Meeting Minutes December 19, 2001 The Mayor ordered all communications to and from closed session deemed privileged and confidential. 3. With respect discussed in closed session Government Code § 54956.9. to every item of business to be pursuant to subdivision (a) of CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (a) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (b) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663 (Restructuring); (c) David Venegas, et al. v. City of Vernon, LASC No. BC 207136; (d) Vernon v. All Persons; LASC No. BC 222145; CA B148676; (e) Cal Compact Landfill Site, Carson, California; EPA No. Unassigned; Shell Chemical Company, et al. v. County of Los Angeles, et al., USDC Case No. 00-01917 MRP (MANx); (f) Phillips Petroleum Company, et al., v. County of Los Angeles, et al., USDC Case No. CV00-01938 MRP (MANx); (g) Vernon v. Regional Water Quality Control Board; Nos. A- 1280, A1280 (a) and A-1280 (b) ; (h) City of Torrance, et al v. State Compensation Insurance Fund, Case Number Unknown; (i) Paveco Construction, Inc. v. Valley Engineers, Inc., et al., LASC Case No. BC 236933; (j) Kelly Pipe Co., etc. v. Valley Engineers, Inc., etc., et al; Valley Engineers, Inc., etc. v. City of Vernon, etc. et al., LASC Case No. BC 227815; (k) 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; (1) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. EL00-105 (ISO); FERC Docket No. EL01-14-000 (Vernon v. ISO); FERC Docket No. ER01-313 (ISO); FERC Docket No. ER01-315 (SCE/ISO); FERC Docket No. ER01-724 (ISO); FERC Docket No. EL01-41 (Strategic Energy v 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. EL01-1579 (ISO); FERC Docket No. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); EL01-75 (Vernon v. ISO); USCA No. 01- 1187 (consolidated with 01-1190) (PG&E v. FERC); USCA No. 01-1193 (Modesto 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. RT01-82 (SDG&E), RT01-83 (PG&E), RT01-85 (ISO) and RT01-92 (SCE); SRP v. ISO, FERC Docket No. EL01-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71- 198-00758-00 04 JTJ-R; (m) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (n) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (o) City of Corona v. All Persons, etc. et al., RSC Case No. 351283; Page 11 of 13 Regular City Council Meeting Minutes December 19, 2001 (p) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (q) FERC Docket No ELO1-33 (SCE/PX); FERC Docket No. ELO1-36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. ELO1-37 (SRP & SMUD v. PX); (r) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (s) FERC Docket No. EL01-42 (Universal Studios v. Southern California Edison Company; (t) A-1 Steel Fence Co., Inc. v. Amelco Construction, et al., LASC (SE District) No. 01C00602; (u) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (u) Gerald Dressen v. Vernon; WCAB No. MON 0262992; MON 0262994; 4. With respect to every item of business to be discussed in closed session pursuant to Government Code § 54956.95. LIABILITY CLAIM Claimant: EDWARD COSIO dba C & H METAL PRODUCTS Agency Claimed Against: CITY OF VERNON 5. With respect to every item of business to be discussed in closed session pursuant to subdivision (c) of Government Code 3 54956.9. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation: Two (2) potential cases. It was moved by McCormick, seconded by Gonzales, that the City Council go out of closed session and resume regular session, the time being 6:02 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the discipline recommended by the Chief of Police for the Police Lieutenant be approved. Motion carried. It was moved by Gonzales, seconded by McCormick, that the discipline recommended by the Chief of Police for the Records Clerk be approved. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the liability claim from Edward Cosio dba C & H Metal Products be approved. Motion carried. Page 12 of 13 Regular City Council Meeting Minutes December 19, 2001 There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Ybarra, that the Council meeting adjourn, the time being 6:05 p.m. Motion carried. v Le9.nis C. Mal-bu.,.� Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 13 of 13