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20020122 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 22, 2002, 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 Adjourned Regular City Council meeting held January 10, 2002, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 10, 2002, was presented, advising that the below listed employees qualified in the month of December, 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 09/18/89 Dean Richens Fire Engineer 4 02/26/90 Michael Rogers Fire Engineer 7 O1/07/91 Jeffrey James Fire Engineer 8 06/26/89 Rory Moore Fire Engineer 8 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. O1/25/99 Maria Madrigal Police Officer 2 11/16/98 Ana Quinones Police Officer 3 10/29/90 Yin Lan Wang Payroll Clerk 3 05/12/80 Albert Cruz Utilityman II 4 12/01/97 Daniel Garcia Power Resource Coordinator 4 03/16/92 Brian Montoya Lead Meter Reader 4 O1/07/91 Todd Schoeing Fire Engineer 4 03/31/96 Jason Weathers Utilityman IV 4 12/11/94 Carlos Gudino Utilityman IV 7 06/02/80 James Wohlt Lieutenant 8 02/26/90 Steven Coster Fire Engineer 10 O1/18/87 David Soto Utilityman III 12 The Mayor called a short recess at 5:05 p.m. The City Council reconvened at 5:07 p.m., all members being present before the recess again being present. The Mayor presented recognition awards to teachers and students from the Vernon Elementary School for their encouragement and participation in the City of Vernon "Used Oil Recycling Calendar Contest." Adjourned Regular City Council Meeting Minutes January 22, 2002 Acknowledgement for Cooperation and Support: Mrs. Almeda-Higgins, Principal Acknowledgement for Encouragement: Mrs. Cruz Mrs. Vargas Student Award Winners: Grand Prize Award: 1st Prize: 2nd Prize: Judith Carrillo Ariana Cervantes Teresa Dominguez Eduardo Jasso Tatiana Lozano Noemi Hernandez Vanessa Madera Veronica Chavez Businesses Providing Gold and Silver Sponsorships: Jessica Madera Sierra Makepeace Lucy Montiel Kathy Rivera Gold Sponsor: Innovative Waste Control, Inc. - Harold Arsenian Silver Sponsors: Baker Commodities - Jim Andrioli, Sr. Exide Technologies, Inc. - Tony Saldana Exxon -Mobil Corporation - Jim Ulwelling Owens -Brockway Glass Container - Mario Cordova P & O Cold Logistics - Manny Alvizo Police Department Activity Log for the period January 1 through 15, 2002, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period January 1 through 15, 2002, be received and filed. Motion carried. Fire Department Activity Report for the period January 1 through 15, 2002, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period January 1 through 15, 2002, be received and filed. Motion carried. Risk Management Report for the month of December 2001, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of December 2001, be received and filed. Motion carried. Health Department Report for the month of December 2001, was presented. It was moved by McCormick, seconded by Gonzales, that the Health Department Report for the month of December 2001, 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. Page 2 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 The Mayor asked if there was anyone in the audience who wished to address the City Council at this time. There was no one wishing to address the City Council at this time. Communication from Kevin Wilson, Director of Community Services and Water, dated January 16, 2002, was presented, transmitting a fully executed Grant Deed and a Grant of Easement from ALCOA DRP Associates, LLC and ALCOA LHP Associates, LLC. The Grant Deed is for a portion of property approximately 1,400 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 dedication 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 electric utility purposes. It is hereby 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. It was moved by Ybarra, aforementioned communication from Services and Water, dated January and his recommendation approved. seconded by Davis, that the the Director of Community 16, 2002, be received and filed Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 9, 2002, was presented, requesting authority and funds for himself to attend the "League of California Cities - City Managers Conference" at Coronado on February 13 through 15, 2002, with an expense allowance of $1,144.60. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the City Administrator/City Clerk to attend the aforementioned conference with an expense allowance of $1,144.60. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 3, 2002, was presented, requesting authority and funds for Detective Roberto Sousa to attend the "California Robbery Investigations Annual Seminar" at Reno, Nevada on February 5 through 7, 2002, with an expense allowance of $799.91. It was moved by Gonzales, seconded by Ybarra, that authority and funds be granted for Detective Roberto Sousa to attend the aforementioned seminar with an expense allowance of $799.91. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 4, 2002, was presented, requesting authority and funds for the below listed police personnel to attend the "Tactics/Covert Crisis Entry Seminar" at Orange on February 19 and 20, 2002, with an expense allowance of $258.40 of which POST will reimburse $248.40 each. Page 3 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 • Robert Faldetta, Lieutenant • Lorenzo Gaytan, Police Officer • Gustavo Herrera, Police Officer • Frank Menchaca, Police Officer • Victor Ontiveros, Police Officer • Daniel Santos, Police Officer • Kent Stevenson, Police Officer • Phillip Swinford, Police Officer It was moved by Davis, seconded by Ybarra, 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 Bruce Olson, Chief of Police, dated January 3, 2002, was presented, requesting authority and funds for Sergeant Ben Busse to attend the "Assertive Supervision Workshop" at Anaheim on February 26 through 28, 2002, with an expense allowance of $338.40 of which POST will reimburse $323.28. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Sergeant Ben Busse to attend the aforementioned workshop with an expense allowance of $338.40. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 3, 2002, was presented, requesting authority and funds for Sergeant Fernando Rodriguez to attend the "Fire Cause and Origin Determination Investigation IA Course" at Los Angeles on March 4 through 8, 2002, with an expense allowance of $184.00. It was moved by McCormick, seconded by Davis, that authority and funds be approved for Sergeant Fernando Rodriguez to attend the aforementioned course with an expense allowance of $184.00. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated January 16, 2002, was presented, requesting authority and funds for Code Enforcement Inspector Leo Lee to attend the "Advanced Training for the Control of Fats, Oils and Greases in Wastewater Discharges Course" at Irvine on January 29 and 30, 2002, with an expense allowance of $241.80. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Code Enforcement Inspector Leo Lee to attend the aforementioned course with an expense allowance of $241.80. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 15, 2002, was presented, requesting authority and funds for Detective Jerry Chavez to attend the "Interview and Interrogation Techniques Seminar" at Oxnard on February 26 through March 2, 2002, with an expense allowance of $1,149.20 of which POST will reimburse $1,042.20. Page 4 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Detective Jerry Chavez to attend the aforementioned seminar with an expense allowance of $1,149.20. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 11, 2002, was presented, advising that in 1977 the City of Vernon, the City of Huntington Park, and Dresser Industries, Inc., executed a Covenant and Agreement to hold properties as a single lot for zoning and subdivision purposes. The buildings on the subject parcel have been demolished and the site is proposed to be redeveloped. At this time, the property owner, XEBEC, LLC, has requested that the covenant be terminated. This has been reviewed by the City Attorney and the Director of Community Services and Water. It is hereby recommended that the Covenant on behalf of the City be terminated. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated January 11, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7895 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of A Termination Of Covenant Among The City Of Vernon, The City Of Huntington Park And XB Partners, L.P. Through Its General Partner Xebec Development Company, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 7895 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 11, 2002, was presented, transmitting a Watershed and Open Space Plan for the Lower Los Angeles and San Gabriel Rivers and Mountains Conservancy (RMC). RMC has developed the plan to establish policies and priorities emphasizing "river related projects" and has approved the "Common Ground from the Mountains to the Sea: San Gabriel and Los Angeles Rivers Watershed and Open Space Plan" which describes the history and current condition of the watersheds and lays out a vision, principles, strategies, and opportunities for future development. This Plan will take effect as soon as it has been adopted by the majority of the cities representing the population in the Conservancy area, Los Angeles County Board of Supervisors, Central Basin Water, and the San Gabriel Valley Watermaster. This has been reviewed by the City Attorney and the Director of Community Services and Water and it is hereby recommended that the Open Space Plan be adopted and a resolution approved and executed. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated January 11, 2002, be received and filed and his recommendation approved. Motion carried. Page 5 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 RESOLUTION NO. 7897 - A Resolution Of The City Council Of The City Of Vernon Approving The San Gabriel And Los Angeles Rivers Watershed And Open Space Plan, was presented. It was moved by Ybarra, seconded by Davis, that Resolution no. 7897 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 16, 2002, was presented, advising that the Utilities Department is requesting an update to the Public Benefits Program (PBP). This update will provide a more concise description of the four programs that are available through the City in the area of energy efficiency: • Energy Audits • Energy Education and Demonstration Workshops • Customer Incentive and Customer Directed Projects, and • Elimination of Equipment Loans The existing PBP is funded by Public Benefits Charges (PBC), revenue collected directly from the customers. This has been reviewed by the City Attorney and it is hereby recommended that the updated PBP be approved and adopted. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated January 16, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO.7899 - A Resolution Of The City Council Of The City Of Vernon Approving And Adopting Updated City Of Vernon Utilities Department Public Benefits Programs, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 7899 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 16, 2002, was presented, transmitting the City of Vernon Utilities Department Minimum Investment Report (MIR) pursuant to the Western Area Power Administration (Western) Integrated Resource Plan (IRP) requirements associated with the City's Hoover allocation. The City's MIR incorporates the City of Vernon Utilities Department Public Benefits Programs and covers the five-year planning period for calendar years 2002 through 2006. This has been reviewed by the City's Legal Counsel and it is hereby recommended that the MIR of the Utilities Department be approved. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated January 16, 2002, be received and filed and his recommendation approved. Motion carried. Page 6 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 RESOLUTION NO. 7900 - A Resolution Of The City Council Of The City Of Vernon Adopting A City Of Vernon Utilities Department Minimum Investment Report As An Alternative To An Integrated Resource Plan Under The Guidelines Set Forth By The Western Area Power Administration Pursuant To The Energy Policy Act Of 1992, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 7900 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 17, 2002, was presented, advising that the Director of Utilities is requesting that an amendment to the existing agreement with Parsons Engineering Science, Inc., be approved to include consulting services for the completion of the following permit applications that are needed for the implementation of the Malburg Generating Station Project: • Application for Certification (AFC) for the California Energy Commission (CEC). • Permit to Construct for the South Coast Air Quality Management District (SCAQMD) These services will be provided at a cost not to exceed $391,000.00. This has been reviewed by the City Attorney and it is hereby recommended that the execution of an authorization for the additional work be approved and ratified. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 17, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7898 - A Resolution Of The City Council Of The City Of Vernon Approving And Authorizing The Execution Of Amendment No. Two To The Agreement For Professional Consulting Services By And Between The City Of Vernon And Parsons Engineering Science, Inc. And Ratifying The Execution Of An Authorization For Additional Work, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 7898 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 17, 2002, was presented, advising that as of January 1, 2002, the laws regulating the release of impounded vehicles and fees imposed changed; affecting Resolution No. 6944 adopted April 22, 1997, respecting the implementation of a Vehicle Release Fee Program for vehicles impounded by the City. This has been reviewed by the City Attorney and it is hereby recommended that Resolution No. 6944 be amended to implement the new State regulations. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 17, 2002, be received and filed and his recommendation approved. Motion carried. Page 7 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 RESOLUTION NO.7901 - A Resolution Of The City Council Of The City Of Vernon Amending Resolution No. 6944 Pertaining To Vehicle Release Fees For Vehicles Impounded By The City Of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7901 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhost, City Administrator/City Clerk, dated January 17, 2002, was presented, advising that the City has been a co-permittee of the municipal National Pollution Discharge Elimination System (NPDES) since 1996 and a member of the Coalition for Practical Regulation (CPR). The Los Angeles Regional Water Quality Control Board (regional board) is proposing a permit that is more stringent and costly for the year 2002 that will require the following: • Extremely high costs for Co-Permittees. • Implementation of trash mitigation controls at catch basins, storm drains, or on industrial property. • Mandatory inspections to regional board areas without compensation to the cities. • Mandatory pollution mitigation controls to businesses to be adopted and enforced by the Vernon City Code. The City has filed a petition with the State Board in Sacramento contesting the actions taken by the regional board. This has been reviewed by the City Attorney and it is hereby recommended that the petition be ratified and that the petition administrative filing cost of $5,000.00 be approved. It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 17, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 7896 - A Resolution Of The City Council Of The City Of Vernon Authorizing The Filing Of A Petition To The State Water Resources Control Board Contesting Actions Taken By The California Regional Water Quality Control Board, Los Angeles Region (NPDES No. CAS004001) And Authorizing The City To Do All Other Actions Deemed Necessary Or Advisable Concerning The Administrative Review Process, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 7896 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 17, 2002, was presented, transmitting the agenda for the Adjourned Regular Personnel Committee meeting to be held January 22, 2002, for approval of the recommendations contained therein. Page 8 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 It was moved by Ybarra, seconded by Davis, that the recommendations on the agenda for the Adjourned Regular Personnel Committee meeting held January 22, 2002 be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 17, 2002, was presented, transmitting the agenda for the Adjourned Regular Finance Committee meeting to be held January 22, 2002, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Davis, that the recommendations on the agenda for the Adjourned Regular Finance Committee meeting held January 22, 2002, be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 14, 2002, was presented, certifying that pursuant to the Vernon City Code, Section 2.90 and Section 10229 of the Elections Code of the State of California, to the following facts relating to the General Municipal Election to be held on Tuesday, April 9, 2002: As of the close of the nomination period on January 11, 2002, there are not more candidates than offices to be elected. The persons so nominated are: Leonis C. Malburg Thomas A. Ybarra William McCormick That the Vernon City Code Section 2.90 and Section 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person who has been nominated. 2. Appoint to the office any eligible voter if no one has been nominated. 3. Hold the election if either no one or only one person has been nominated. A notice of these facts will be published on January 16, 2002 in a newspaper of general circulation in the city pursuant to Section 6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet again to either make the appointments or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. If, by the 50th day before the municipal election, no person has been appointed to the offices pursuant to (1) or (2) above, the election shall be held. If the City Council makes an appointment pursuant to Vernon City Code Section 2.90 and Section 10229 of the Election Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. Page 9 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 It was moved by Davis, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated January 14, 2002, be received and filed. Motion carried. Warrant Register No. 1082 covering claims and demands presented during the period of January 3 through January 16, 2002, drawn on Wells Fargo Bank totaling $928,989.44, which includes demand Nos. 202369 through 202655 (inclusive), excluding Utilities demands and voided checks as listed below: (Accounting period January 2002). 202370 202444 202445 It was moved by Davis, seconded by Ybarra, that Warrant Register No. 1082 be approved and payment authorized for claims and demands totaling $928,989.44, excluding Utility demands and voided checks as listed above. Motion carried. Warrant Register No. 1082 covering claims and demands presented during the period of January 3 through January 16, 2002, drawn on Wells Fargo Bank totaling $1,963,649.85 which includes Utilities demand nos. as listed below. (Accounting period January 2002) : 202371 202373 202388 202389 202390 202392 202409 202411 202413 202414 202417 202418 202424 202425 202443 202454 202465 202477 202478 202480 202481 202490 202494 202496 202499 202512 202537 202542 202551 202552 202557 202558 202567 202581 202586 202588 202589 202598 202600 202606 202607 202608 202611 202612 202619 202620 202630 202634 202642 202647 202652 202653 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 1082 be approved and payment authorized for Utility claims and demands totaling $1,963,649.85. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that his decision may have material financial effect on his source of income. Payroll Warrant Register No. 547 covering claims and demands presented during the period of November 18 through December 15, 2001. Drawn on Wells Fargo Bank totaling $1,706,270.74, which includes demand nos. 7384 through 7425 (inclusive). (Accounting Period: December 2001). It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 547 be approved and payment authorized for claims and demands totaling $1,706,270.74. Motion carried. The Mayor called a short recess at 5:50 p.m. The Council reconvened in regular session at 5:55 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. Page 10 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 It was moved by Gonzales, seconded by Ybarra, that the City Council to into closed session on Item No. 1, the time being 5:55 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, Chief Deputy City Clerk, Assistant to the Chief Deputy City Clerk, Director of Community Services, and City Attorney. 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 The Director of Community Services and Water was excused from closed session at 5:58 p.m. It was moved by Gonzales, seconded by Ybarra, that the City Council go out of closed session on Item No. 1 and resume regular session, the time being 5:58 p.m. Motion carried. The City Clerk announced that now was the time for the City Council to go into closed session on Item Nos. 2, 3, and 4. It was moved by Ybarra, seconded by Davis, that the City Council go into closed session on Item Nos. 2, 3, and 4, the time being 5:59 p.m. Motion carried. All persons were excused from closed session with the exception of the City Clerk, Chief Deputy City Clerk, Assistant to the Chief Deputy City Clerk, and City Attorney. The Mayor ordered all communications to and from closed session deemed privileged and confidential. Motion carried. 2. 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) 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); Phillips Petroleum Company, et al., v. County of Los Angeles, et al., USDC Case No. CV00-01938 MRP (MANx); (f) Vernon v. Regional Water Quality Control Board; Nos. A- 1280, A1280(a) and A-1280(b); (g) City of Torrance, et al v. State Compensation Insurance Fund, Case Number Unknown; Page 11 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 (h) Paveco Construction, Inc. v. Valley Engineers, Inc., et al., LASC Case No. BC 236933; (i) 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; (j) 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; (k) 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. ERO1-313 (ISO); FERC Docket No. ER01-315 (SCE/ISO); FERC Docket No. ERO1-724 (ISO); FERC Docket No. ELO1-41 (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. ELO1-1579 (ISO); FERC Docket No. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); ELO1-75 (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. RTO1-82 (SDG&E), RTO1-83 (PG&E), RTO1-85 (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; (1) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (m) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (n) City of Corona v. All Persons, etc. et al., RSC Case No. 351283; (o) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (p) FERC Docket No ELO1-33 (SCE/PX); FERC Docket No. EL01-36 (Coral Power, L.L.C., et al. v. PX); FERC Docket No. ELO1-37 (SRP & SMUD v. PX); (q) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (r) FERC Docket No. ELO1-42 (Universal Studios v. Southern California Edison Company; (s) A-1 Steel Fence Co., Inc. v. Amelco Construction, et al., LASC (SE District) No. 01C00602; (t) 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; 3. 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: Two (2) potential cases. Page 12 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 4. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. Claimant: NORMA MARGARITA GARCIA Agency Claimed Against: CITY OF VERNON Claimant: ESTATE OF CARLOS ALVAREZ Agency Claimed Against: CITY OF VERNON Claimant: SCARLETT ALVAREZ Agency Claimed Against: CITY OF VERNON Claimants: PETER CALDERON, ROSA CALDERON AND VILMA ALARCON Agency Claimed Against: CITY OF VERNON (METROPOLITAN TRANSPORTATION AUTHORITY aka MTA, BLUE LINE RAILWAY, CITY OF LOS ANGELES, CITY OF LONG BEACH) It was moved by Davis, seconded by Gonzales, that the City Council go out of closed session and resume regular session, the time being 6:03 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Utilityman IV be disciplined as recommended by the Director of Community Services and Water. Motion carried. It was moved by Davis, seconded by McCormick, that the Liability Claim of Norma Margarita Garcia be rejected. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Liability Claim of the Estate of Carlos Alvarez be rejected. Motion carried. It was moved by McCormick, seconded by Davis, that the Liability Claim of Scarlett Alvarez be rejected. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Liability Claim of Peter Calderon be rejected. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the actions by Channing Strother of McCarthy, Sweeney & Harkaway in intervening in FERC Docket No. ER02-599 (California Independent Systems Operator Corporation) are hereby ratified. Motion carried. Page 13 of 14 Adjourned Regular City Council Meeting Minutes January 22, 2002 There being no further business to come before the City Council, it was moved by McCormick, seconded by Davis, that the meeting adjourn, the time being 6:05 p.m. Motion carried. Leonis C. Mal urg Y Mayor ATTEST: Bruce V. Malkenhorst City Clerk Page 14 of 14 ORDER OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I HEREBY CERTIFY THAT THE CITY CLERK OF THE CITY OF VERNON ADJOURNED THE CITY COUNCIL MEETING (DUE TO LACK OF QUORUM) TO BE HELD JANUARY 16, 2002, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, TO JANUARY 22, 2002, AT 5:00 P.M. Bruce V. Malke horrt City Clerk By: G1 ria J. osco Chief Deputy City Clerk AFFIDAVIT OF POSTING ORDER OF ADJOURNMENT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of Vernon do hereby certify that I did, on the day of January 2002, have posted The above Order of Adjournment for the City Council Meeting. Said Order was posted at a conspicuous place near the door of the room at which said meeting was held, within 24 hours of said adjournment. I declare under penalty of perjury that the foregoing is true and correct. Dated: