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20021120 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER 20, 2002, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA LOCATION: VERNON CITY HALL - CITY COUNCIL CHAMBERS 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the Minutes of the Regular City Council Meeting held November 6, 2002, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 12, 2002, was presented, advising that Chief of Police Bruce Olson, has selected Cerissa Diaz, Dispatcher, to receive the Police Department 2002 SPIRITS Award Level I based on her Superior Performance during the past 12-months. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated November 12, 2002, be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 12, 2002, was presented, advising that the Director of Community Services and Water Samuel Kevin Wilson has selected Mike DeFrank, Project Engineer, to receive the Community Services and Water Department 2002 SPIRITS Award Level I based on his Superior Performance during the past 12-months. It was moved by Davis, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated November 12, 2002, be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 13, 2002, was presented, advising that the below listed employees qualified in the month of October 2002 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 10/02/00 Alla Berlin Finance Support Analyst 2 10/23/00 Marianne Vazquez Records Clerk 2 10/11/98 Elizabeth Negrete Account Clerk 3 07/23/90 Sharon Capper Customer Service Representative 6 O1/07/91 Chris Hanson Fire Engineer 6 12/04/89 Deborah Medina Administrative Associate 8 10/19/92 Abraham Alemu Resource Engineer 10 Regular City Council Meeting Minutes November 20, 2002 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. O1/12/89 10/02/00 Inez Aragon Police Officer O1/03/95 Salvador Ramos Jr. Police Officer 10/11/99 Shirley Salas Miguel Zendejas Account Clerk 06/08/98 Alexandra Ronquillo Police Officer Dispatcher 10/13/97 02/29/88 Richard Hill Police Officer O1/07/91 Jose Alvarez Utilityman III 05/12/80 Jason Haugen Firefighter 11/16/87 Joe Jimenez Systems Coordinator 03/18/84 Martha Parra Michael DeFrank Records Clerk Project Engineer 10/16/94 Armando Hinojos Systems Coordinator 09/18/89 David Shea Fire Engineer 10/01/87 Jerry Schreiber Senior Electrical Inspector Police Department Activity Log for the period November 1 through 15, 2002, was presented. II 2 2 2 3 4 5 6 6 7 7 8 8 11 15 It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period November 1 through 15, 2002, be received and filed. Motion carried. Fire Department Activity Report for the period November 1 through 15, 2002, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period November 1 through 15, 2002, be received and filed. Motion carried. Risk Management Report for the month of October 2002, was presented. It was moved by Davis, seconded by McCormick, that the Risk Management Report for the month of October 2002 be received and filed. Motion carried. Health Department Report for the month of October 2002, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of October 2002 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. Page 2 of 13 Regular City Council Meeting Minutes November 20, 2002 There was no one wishing to address the City Council at this time. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated September 12, 2002, was presented, advising that pursuant to Amendment No. 1 to the Edison -Vernon Victorville-Lugo Transmission Service Agreement, the City has a one-time right to extend the 64 MW additional transmission service beyond December 31, 2002. Utilities' staff advises that the 64 MW of Victorville-Lugo additional transmission service be terminated due to the development of the Malburg Generation Station, which will satisfy a substantial portion of Vernon's energy requirements in the future, save substantial ongoing costs and future cost exposures associated with retaining the Victorville-Lugo additional transmission service, and reduce Edison's transmission cost by approximately $414,000.00 per year. This has been reviewed by the Director of Utilities and it is hereby recommended that the Edison -Vernon Victorville-Lugo Transmission Service Agreement be terminated. (Deferred from City Council Meeting held November 6, 2002.) The Director of Utilities advised the City Council that the following communication should be presented at this time for clarification purposes. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 29, 2002, was presented, advising that the Director of Utilities advised that his department is not asking to terminate the Edison -Vernon Victorville Lugo agreement, that it only wants to determine how much, if any, of the 64 MW is to be retained as part of the agreement. (Deferred from City Council Meeting held November 6, 2002.) The Director of Utilities advised that based on an extensive review of the aforementioned it is recommended that the one-time right to extend the additional 64 MW transmission service with Victorville-Lugo be waived, which automatically terminates the additional 64 MW transmission service effective December 31, 2002. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communications from the City Administrator/City Clerk, dated September 12, 2002, and October 29, 2002, be received and filed and the one-time right to extend the additional 64 MW transmission service with Victorville-Lugo be waived which automatically terminates the additional 64 MW transmission service effective December 31, 2002. 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. The City Clerk advised that the following communication and resolution should be deferred to the next City Council Meeting. Page 3 of 13 Regular City Council Meeting Minutes November 20, 2002 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 3, 2002, advising that in 1997, the City of Vernon and Southern California Edison Company (Edison) entered into a Restructuring Agreement which provides for the issuance of revised franchise agreement to Edison and for the granting of certain Edison property to the City of Vernon for the extension of 26th Street in connection with the I-710 Bandini Interchange Project. After further negotiations, it has been determined that the City will need to acquire new property from Edison rather than the property stated on the original agreement. As part of this agreement, it is necessary at this time that a resolution finding and determining that the public interest and necessity require the acquisition of such property. This has been reviewed by the Director of Community Services and Water and the City Attorney and it is hereby recommended that a resolution for "necessity and intent to condemn" be approved and adopted. (Deferred from City Council Meeting held November 6, 2002.) RESOLUTION NO. 8081 - A Resolution of the City Council of the City of Vernon Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Real Property for the Extension of 26th Street in the City of Vernon (Deferred from City Council Meeting held November 6, 2002.) It was moved by Ybarra, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated October 3, 2002, and Resolution No. 8081 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 12, 2002, was presented, advising that on October 9, 2002, this legislative body approved Resolution No. 8069 authorizing the Purchasing Department to seek formal bids for the purchase of a 2003 Chevrolet Tahoe LT for the Police Department. Request for proposals were submitted to three vendors; the following bids were received and opened on November 6, 2002: • Sopp Chevrolet $30,350.00 • Wondries Chevrolet $35,060.00 • Felix Chevrolet No Bid This has been reviewed by staff and it is hereby recommended that Bid No. 1417 be awarded to Sopp Chevrolet, the lowest bidder, a vehicle purchase contract be prepared, and a purchase order be issued for the purchase a 2003 Chevrolet Tahoe LT at an approximate cost of $30,350.00. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated November 12, 2002, be received and filed and his recommendation approved. Motion carried. Page 4 of 13 Regular City Council Meeting Minutes November 20, 2002 RESOLUTION NO. 8107 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Sopp Chevrolet on Bid No. 1417 for the Purchase of One 2003 Chevrolet Tahoe LT Vehicle for the Police Department and Approving and Authorizing the Execution of a Vehicle Purchase Contract and the Issuance of a Purchase Order Respecting Said Bid, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8107 be approved and adopted. Motion carried. The Director of Community Services and Water addressed the City Council and advised them that the department has not yet received the required insurance from Pinnacle Care and asked that the following communication and resolution be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 13, 2002, advising that on June 19, 2002, this legislative body approved Resolution No. 7992, authorizing the Issuance of a Request for Proposal for Janitorial Services for the City Hall and its related facilities. On August 26, 2002, the Community Services and Water Department received the below listed bids: Pinnacle Care Grace Building Maintenance Bell Building Maintenance Co. Clean Environmental Janitorial Service Korean Maintenance $3,939.38 per month $4,600.00 per month $6,137.50 per month $8,037.55 per month $9,284.03 per month Pinnacle Care (Pinnacle) provided the lowest bid; their overall bid is exceptionally comprehensive. In terms of references, Pinnacle received excellent referrals from current and past customers. This has been reviewed by the Director of Community Services and the City Attorney and it is hereby recommended that the bid be awarded to Pinnacle Care, a purchase order be issued, and a Service Agreement approved and executed for janitorial services at an approximate cost of $3,939.38 per month. RESOLUTION NO. 8073 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract for Janitorial Services for City Hall and Related Facilities By and Between the City of Vernon and Pinnacle Care, Inc. It was moved by McCormick, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated November 13, 2002, and Resolution No. 8073 be deferred to the next City Council Meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 14, 2002, was presented, advising that on December 5, 2000, this legislative body approved the execution of the Transmission Control Agreement (TCA) among the Independent System Operator (ISO) and Transmission Owners, Resolution No. 7672. At this time it is necessary to revise the existing agreement to include the Cities of Anaheim, Azusa, Banning, and Riverside as signatories to the TCA. Page 5 of 13 Regular City Council Meeting Minutes November 20, 2002 They have submitted their applications to the ISO and would like to become new PTO's on January 1, 2003. This has been reviewed by the City Attorney and it is hereby recommended that the revision to the Transmission Control Agreement to include the Cities of Anaheim, Azusa, Banning, and Riverside as signatories be approved. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated November 14, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8106 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Transmission Control Agreement Among the California Independent System Operator Corporation and the Participating Transmission Owners and Prospective New Participating Transmission Owners, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8106 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 14, 2002, was presented, advising that the Independent Cities Lease Finance Authority (ICLFA) Board of Directors (Board) is requesting that Amendment No. 3 to the ICLFA Joint Powers Agreement be approved to include: • Development of programs to assist in the raising of funds to finance capital improvement needs of Local Agencies. • Provide financing in connection with improvements, construction, acquisition, creation, and rehabilitation of affordable housing. • Provide a forum for discussion for the study of common problems and development of solutions. This has been reviewed by the City Attorney and it is hereby recommended that Amendment No. 3 to the ICLFA Joint Powers Agreement be approved. It was moved by McCormick, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated November 14, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8104 - A Resolution of the City Council of the City of Vernon Approving Amendment No. 3 to Joint Powers Agreement Creating the Independent Cities Lease Finance Authority and Providing Other Matters Properly Related Thereto, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8104 be approved and adopted. Motion carried. Page 6 of 13 Regular City Council Meeting Minutes November 20, 2002 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated November 14, 2002, was presented, advising that staff recently completed a review of Resolution No. 6161, approving and adopting a procedure making Disability Determinations for Local Safety Members and a Procedure for Appeals of Such Determinations, and submitted said resolution to the City Attorney's office for amendments/corrections as necessary. This has been reviewed by the City Attorney's Office and it is hereby recommended that Resolution No. 6161 be amended to incorporate necessary changes due to amendments/changes in current laws. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, November 14, 2002, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8105 - A Resolution of the City Council of the City of Vernon Approving and Adopting Amended Procedures for Making Disability Determinations for Local Safety Members and for Appeals of such Determinations, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8105 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated October 29, 2002, was presented, requesting authority and funds for Police Officer Celestino Chavez to attend the "Racial Profiling Train the Trainer Course" at Los Angeles on December 11 through 13, 2002, with an expense allowance of $53.40, of which POST will reimburse $44.28. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Police Officer Celestino Chavez to attend the aforementioned course with an expense allowance of $53.40. Motion carried. Communication from Bruce Olson, Chief of Police, dated November 5, 2002, was presented, requesting authority and funds for the below listed personnel to attend the "Records Management System Update Seminar" at Riverside on December 10 and 11, 2002, with an expense allowance of $81.20 each. • Danita Robertson, Records Manager • Rosa Moctezuma, Administrative Assistant • Maria Gonzalez, Records Clerk It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the above listed police personnel to attend the aforementioned seminar with an expense allowance of $81.20 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated November 5, 2002, was presented, requesting authority and funds for Sergeant Ben Busse to attend the "Police Pursuit Liability Seminar" at Santa Ana on December 13, 2002, with an expense allowance of $176.80, of which POST will reimburse $164.16. Page 7 of 13 Regular City Council Meeting Minutes November 20, 2002 It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Sergeant Ben Busse to attend the aforementioned seminar with an expense allowance of $176.80. Motion carried. Communication from Steven Parker, Fire Chief, dated November 14, 2002, was presented, requesting authority and funds for the below listed Firefighters to attend the "Hazmat Specialist `Upgrade' Modules 1F & 1G" at Santa Ana on December 2 through 13, 2002, with an expense allowance of $650.00 each. • Michael Byard • Troy Durbin • Robert Hawkins It was moved by McCormick, seconded by Ybarra, that authority and funds be approved for the above listed firefighters to attend the aforementioned modules with an expense allowance of $650.00 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 14, 2002, was presented, transmitting the Minutes of the Regular Finance Committee Meeting held November 12, 2002, for approval of the recommendations contained therein. It was moved by Davis, seconded by Gonzales, that the recommendations on the Minutes of the Regular Finance Committee Meeting held November 12, 2002, be approved. Motion carried. RESOLUTION NO. 8094 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Equipment Purchase and Professional Services Contract By and Between the City of Vernon and 911 Vehicle.com., (Deferred from City Council Meeting held October 23, 2002), was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8094 be approved and adopted. Motion carried. The City Clerk advised that typographical errors on the two resolutions listed below were made and asked that they be corrected accordingly for the record. RESOLUTION NO. 8GG2- 8102 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 8007 by Amending Section 22, Page 7 of Schedule II (Exhibit "B") and Schedule III (Exhibit "C") Of Said Resolution Which Fixed The Compensation For Certain Employees Of Said City And Authorized Certain Expense Allowances, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 8102 be approved and adopted. Motion carried. RESOLUTION NO. 8GO3 8103 - A Resolution of the City Council of the City of Vernon Amending the City of Vernon Family and Medical Leave Policy, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8103 be approved and adopted. Motion carried. Page 8 of 13 Regular City Council Meeting Minutes November 20, 2002 Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 14, 2002, was presented, transmitting the Agenda for the Regular Personnel Committee Meeting to be held November 19, 2002, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Gonzales, that the recommendations on the Agenda for the Regular Personnel Committee Meeting held November 19, 2002, be approved. Motion carried. The City Clerk advised that the accounting period for Warrant Register No. 1102 totaling $878,759.99 should be November, not August and asked that it be corrected. Warrant Register No. 1102 covering claims and demands presented during the period of October 31 through November 13, 2002, drawn on Wells Fargo Bank totaling $878,759.99, which includes demand nos. 207506 through 207753, (inclusive), excluding Utilities' demands. (Accounting period Aidgidst November 2002). It was moved by Davis, seconded by McCormick, that Warrant Register No. 1102 be approved and payment authorized for claims and demands totaling $878,759.99 for accounting period November 2002 excluding Utilities' demands. Motion carried. Warrant Register No. 1102 covering claims and demands presented during the period of October 31 through November 13, 2002, drawn on Wells Fargo Bank totaling $1,385,634.35, which includes Utilities' demands nos. as listed below: (Accounting period November 2002). 207508 207514 207516 207518 207519 207521 207524 207530 207531 207539 2075.40 207541 207542 207546 207561 207564 207565 207567 207575 207579 207580 207581 207585 207586 207594 207597 207602 207604 207613 207619 207620 207621 207624 207639 207646 207647 207648 207650 207656 207657 207661 207662 207670 207673 207678 207682 207690 207696 207699 207706 207715 207716 207718 207719 207730 207731 207740 207748 207751 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1102 be approved and payment authorized for Utilities' claims and demands totaling $1,385,634.35. 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. 557 covering claims and demands presented during the period of September 8 through October 19, 2002. Drawn on Wells Fargo Bank totaling $2,826,081.28, which includes demand nos. 7837 through 7876 inclusive). (Accounting Period: October 2002). Page 9 of 13 Regular City Council Meeting Minutes November 20, 2002 It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 557 be approved and payment authorized for claims and demands totaling $2,826,081.28. Motion carried. The Mayor called a short recess at 5:40 p.m. The City Council reconvened in regular session at 5:45 p.m., all members present before the recess again being present. The City Administrator/City Clerk announced that now was the time to go into closed session on Item No. 1. It was moved by Ybarra, seconded by Gonzales, that the City Council go into closed session on Item No. 1, the time being 5:45 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, Chief Deputy City Clerk, Assistant to the Chief Deputy City Clerk, Director of Utilities, Director of Community Services and Water, Utility Clerk, 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 b. EMPLOYEE PERFORMANCE EVALUATION The Utility Clerk was excused from closed session at 5:55 p.m. The Director of Community Services and Water was excused from closed session at 6:00 p.m. It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session on Item No. 1 and resume regular session, the time being 6:00 p.m. Motion carried. The City Clerk advised that there was nothing to be discussed on Item No. 2. 2. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 54957. a. Conference with Labor Negotiator Agency negotiator: City Administrator Unrepresented classification The City Clerk advised that now was the time to go into closed session on Item Nos. 3, 4, and 5. Page 10 of 13 Regular City Council Meeting Minutes November 20, 2002 The City Attorney addressed the City Council with regard to an "anticipated/potential litigation" matter relating to Scott Company that had arisen after the agenda was posted and advised that the issue needed to be addressed immediately. The City Attorney recommended, that, pursuant to the Brown Act, the City Council find that the item that arose after the posting of the agenda and needed to be added to the agenda as a "walk-on" closed session item. (Item No. 4.) It was moved by Gonzales, seconded by Ybarra, that another item for closed session under "anticipated potential litigation" be added to the agenda and discussed in closed session. Motion carried. Ayes: Malburg, Ybarra, Gonzales, Davis, McCormick Noes: None Absent: None Abstain: None It was moved by Davis, seconded by Ybarra, that the City Council go into closed session on Item Nos. 3, 4, and 5, the time being 6:03 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, Chief Deputy City Clerk, Assistant to the Chief Deputy City Clerk, Director of Utilities, and City Attorney. The Mayor ordered all communications to and from closed session deemed privileged and confidential. 3. With respect to every item of business to be discussed in closed session pursuant to subdivision (a) of Government Code Section 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 3148676; (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) 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; (h) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ERO1-313 (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- Page 11 of 13 Regular City Council Meeting Minutes November 20, 2002 024/EL00-98-023 (PG&E); FERC Docket Nos. EL00-95- 025/EL00-98-024 (SCE); FERC Docket No. ERO1-1579 (ISO); FERC Docket No. ELO1-57-000 (Reliant Energy, etc. et al. v. ISO); ELO1-75 (Vernon v. ISO); USCA No. 01-1187 (consolidated with 01-1190) (PG&E v. FERC); 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 RTO1-92 (SCE); SRP v. ISO, FERC Docket No. ELO1-84; City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-250 ((ISO); FERC Docket No. ER02-599 ((ISO); FERC Docket No. ER02-635 ((SDG&E); FERC Docket No. ER02-636 (SCE); FERC Docket No. ER02- 637 (PG&E); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-925 (SCE); FERC Docket No. ER02-1656 (ISO); EL02-103 (Vernon); FERC Docket No. ER02-2192 (ISO); FERC Docket No. ER02-2321 (ISO); (i) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); (j) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (k) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (1) 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); (m) FERC Docket No. EL01-34 (SCE, PG&E, SDG&E); (n) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (o) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (p) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (q) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (r) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (s) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H.P. District); (t) Scarlett Alvarez v. Tutor -Saliba, etc., et al., LASC No. BC275083; (u) Pacific Bell Telephone Company v. Vernon; LASC No. 02C00927 (H.P. District); 4. With respect to every item of business to be discussed in closed session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation: Two (2) potential cases. Page 12 of 13 Regular City Council Meeting Minutes November 20, 2002 5. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: CHARLIE'S PRIDE MEATS Agency Claimed Against: CITY OF VERNON Claimant: ANDREA ORTEGA Agency Claimed Against: CITY OF VERNON The Director of Utilities was excused from closed session at 6:25 p.m. It was moved by Ybarra, seconded by Davis, that the City Council go out of closed session on Item Nos. 3, 4, and 5, the time being 6:34 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the written opinion received from Jim Markman of Richards, Watson & Gershon regarding an anticipated litigation item be received and filed. Motion carried. It was moved by McCormick, seconded by Davis, that the discipline recommended by the Director of Community Services and Water for the Utility Clerk be approved. Motion carried. It was moved by Gonzales, seconded by Davis, to authorize the City Attorney to execute a participation form approving the City of Vernon's participation in the following amicus curiae briefs: in the matter entitled City of Long Beach v. State of California Department of Industrial Relations (Second District Court of Appeal - Civil No. B159333). Motion carried. It was moved by Gonzales, seconded by Ybarra, that authorization be granted to the City Administrator to extend, if necessary, the notice period to Scott Company on the termination/ rescission of their agreement. Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn, the time being 6:36 p.m. Motion carried. ATTEST: 'v Bruce V. Malkenhorst City Clerk jLeonis C. Malburg Mayor Page 13 of 13