20021204 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON
HELD DECEMBER 4, 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 Gonzales, that the
Minutes of the Regular City Council Meeting held November 20,
2002 be deferred to the next Council Meeting. Motion carried.
The Chief of Police asked that the following matter be
deferred to later during this meeting.
Presentation of a 10851 Award to Detective Brandon
Gray by the California Highway Patrol for his outstanding
performance while recovering stolen vehicles and/or arrests
related to grand theft auto.
The City Clerk announced that now was the time to
present the Service Pins.
The Mayor presented Service Pins to the following
employees and extended congratulations on behalf of the entire
City Council.
Martha Parra Records Clerk
Douglas Barker Firefighter
15 years
10 years
The following employees were unable to attend the
meeting and their Service Pins were accepted by their respective
department head.
Daniel Armellini
Fire Engineer
10
years
Thomas Egan
Firefighter
10
years
Andrew Kroner
Firefighter
10
years
Todd Painton
Fire Engineer
10
years
Bruce Malkenhorst Jr.
Systems Coordinator I
5
years
Police Department Activity Log for the period
November 15 through 30, 2002, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period November 15
through 30, 2002 be received and filed. Motion carried.
Fire Department Activity Report for the period
November 15 through 30, 2002, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
Fire Department Activity Report for the period November 15
through 30, 2002 be received and filed. Motion carried.
Regular City Council Meeting Minutes
December 4, 2002
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.
There was no one wishing to address the City Council
at this time.
Presentation of a 10851 Award to Detective Brandon
Gray by the California Highway Patrol for his outstanding
performance while recovering stolen vehicles and/or arrests
related to grand theft auto.
Captain Tyler introduced himself and addressed the
City Council on behalf the California Highway Patrol and
presented the award to Vernon Police Detective Brandon Gray in
recognition of his outstanding performance.
The City Clerk announced that now was the time to open
the public hearing to consider evidence to establish Vernon's
new Transmission Revenue Balancing Account Adjustment for its
high voltage (over 200 kV) transmission facilities and
entitlements (all located outside the City) pursuant to Vernon's
Transmission Owner Tariff.
It was moved by Ybarra, seconded by McCormick, to open
the public hearing to consider evidence to establish Vernon's
new Transmission Revenue Balancing Account Adjustment for its
high voltage (over 200 kV) transmission facilities and
entitlements (all located outside the City) pursuant to Vernon's
Transmission Owner Tariff, the time being 5:10 p.m. Motion
carried.
Director of Utilities Kenneth DeDario addressed the
City Council and briefly summarized this matter.
The City Clerk advised that the correct date for the
following communication should be November 27, 2002 and asked
that it be corrected for the record.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated Geteber 3, November 27, 2002,
was presented, advising that on June 26, 2002, this legislative
body approved a Transmission Revenue Balancing Account
Adjustment (TRBAA) to be effective July 1, 2002, which is to be
recalculated annually consistent with the Transmission Owner
(TO) Tariff. Recently, FERC approved a revised ISO Tariff which
requires all PTO's to file a new annual TRBAA using the
accounting period through September 30th of each year to be
effective January lst of the following year.
Page 2 of 15
Regular City Council Meeting Minutes
December 4, 2002
The services of Lanzalotta & Associates LLC were retained to
assist with the preparation of the TRBAA and has advised that it
be filed with FERC. This has been reviewed by the Director of
Utilities and City Attorney and it is hereby recommended that
the TRBAA and Appendix I to the TO Tariff to implement the TRBAA
be approved.
It was moved by McCormick, seconded by Gonzales, to
close the public hearing to consider evidence to establish
Vernon's new Transmission Revenue Balancing Account Adjustment
for its high voltage (over 200 kV) transmission facilities and
entitlements (all located outside the City) pursuant to Vernon's
Transmission Owner Tariff, the time being 5:14 p.m. Motion
It was moved by Ybarra, seconded by McCormick, that
the corrected aforementioned communication from the City
Administrator/City Clerk, dated of November 27, 2002 and any and
all supporting documents submitted as evidence during the public
hearing be received and filed and his recommendation approved.
Motion carried. Councilman Davis abstained from voting on this
matter.
RESOLUTION NO. 8112 - A Resolution of the City Council of
the City of Vernon Establishing the Transmission Revenue Balancing
Account Adjustment in Accordance with Vernon's Transmission Owner
Tariff and Providing for Tariff Sheet Changes to Implement the
Adjustment, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8112 be approved and adopted. Motion carried.
Councilman Davis abstained from voting on this matter.
The City Clerk announced that now was the time to open
the public hearing to consider a resolution of necessity to
acquire certain real property for the extension of 26th Street in
the City of Vernon.
It was moved by Ybarra, seconded by Gonzales, to open
the public hearing to consider a resolution of necessity to
acquire certain real property for the extension of 26th Street in
the City of Vernon, the time being 5:14 p.m. Motion carried.
Director of Community Services & Water Samuel Kevin
Wilson addressed the City Council and summarized the following
matter for them.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated October 3, 2002, was presented,
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.
Page 3 of 15
Regular City Council Meeting Minutes
December 4, 2002
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 20,
2002.)
It was moved by McCormick, seconded by Ybarra, to
close the public hearing to consider a resolution of necessity to
acquire certain real property for the extension of 26th Street in
the City of Vernon, the time being 5:17 p.m. Motion carried.
It was moved by Gonzales, seconded by McCormick, that
the communication from the City Administrator/City Clerk, dated
October 3, 2002, and any and all supporting documents submitted
as evidence during the public hearing be received and filed and
his recommendation approved. Motion carried. Councilman Davis
abstained from voting on this matter.
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 20, 2002), was
presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8081 be approved and adopted. Motion carried.
Councilman Davis abstained from voting on this matter.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 13, 2002, was
presented, 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
$3,939.38
per
month
Grace Building Maintenance
$4,600.00
per
month
Bell Building Maintenance Co.
$6,137.50
per
month
Clean Environmental Janitorial
Service
$8,037.55
per
month
Korean Maintenance
$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 granted 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.
(Deferred from City Council Meeting held November 20, 2002.)
Page 4 of 15
Regular City Council Meeting Minutes
December 4, 2002
It was moved by McCormick, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated November 13, 2002, be received and filed and his
recommendation approved. Motion carried.
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. (Deferred from City Council Meeting held November 20,
2002), was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 8073 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 26, 2002, was
presented, advising that on November 27, 2001, this legislative
body approved an agreement with VCI Telecom, Inc., (VCI) to
provide the City with routine maintenance and emergency
restoration services for the City's fiber optic network at an
annual cost not -to -exceed $75,000.00, of which less than
$12,000.00 has been spent, and that will expire on December 17,
2002. At this time it is necessary that Amendment No. One to
the existing VCI maintenance agreement be approved for another
year at a cost not -to -exceed $75,000.00.
This has been reviewed by the Director of Community Services and
Water and the City Attorney and it is hereby recommended that
Amendment No. One to the maintenance and emergency restoration
agreement with VCI Telecom, Inc., be approved and executed for
the extension of another year.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated November 26, 2002, be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8110 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. One to Maintenance Agreement By and Between the
City of Vernon and VCI Telcom, Inc., was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8110 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 26, 2002, was
presented, advising that Contract No. 566, Emergency Vehicle
Preemption, has been completed. The total contract amount is
$47,439.00. A payment of $42,695.10 is now due. The remaining
ten percent (10%) of the total contract amount, or the sum of
$4,743.90, 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.
Page 5 of 15
Regular City Council Meeting Minutes
December 4, 2002
It is hereby recommended that the work be accepted and that
authority be granted to pay the contractor, Signal Maintenance,
Inc., 2283 Via Burton Street, Anaheim, California 92806, in
accordance with the agreement.
It was moved by Davis, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated November 26, 2002 be received and filed and his
recommendation approved. Motion carried.
RESOLUTION NO. 8108 - A Resolution of the City Council
of the City of Vernon Accepting the Work of Signal Maintenance,
Inc., in Accordance with Contract No. 566 of the City of Vernon,
was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8108 be approved and adopted. Motion carried.
The City Clerk advised that the following matter and
resolution should both be removed from the agenda and that no
action be taken at this time.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 26, 2002, advising that
on October 9, 2002, this legislative body approved Resolution
No. 8084 authorizing the Purchasing Department to seek formal
bids for the purchase of a Caterpillar 420D Backhoe Loader for
the Community Services and Water Department. Request for
proposals were submitted to four vendors; the following bids
were received and opened on November 21, 2002:
• Shepherd $74,114.00
• Johnson Machinery Co. $85,608.00
• Quinn Company $89,022.00
• Hawthorne Machinery Co. No Bid
This has been reviewed by staff and it is hereby recommended
that Bid No. 1420 be awarded to Shepherd, the lowest bidder, a
contract be prepared, and a purchase order be issued for the
purchase a Caterpillar 420D Backhoe Loader at an approximate
cost of $74,114.00.
RESOLUTION NO. 8113 - A Resolution of the City Council
of the City Of Vernon Accepting the Bid of Shepherd Machinery
Co. on Bid No. 1420 for the Purchase of a Caterpillar 420D
Backhoe Loader for the Community Services & Water Department and
Approving and Authorizing the Execution of an Equipment Purchase
Contract and the Issuance of a Purchase Order Respecting Said
Bid.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated November 26, 2002 and Resolution No. 8113 be
removed from the agenda and no further action be taken at this
time. Motion carried.
Page 6 of 15
Regular City Council Meeting Minutes
December 4, 2002
Communication from Kenneth J. DeDario, Director of
Utilities, dated November 26, 2002, was presented, transmitting
a fully executed Easement Deed from Young Shin Kim, Trustee of
the Kim Family Trust. The Easement Deed is for electrical
utility purposes and incidental purposes, including rights of
ingress and egress, over, across, under and through the real
property located along Bickett Street, approximately 690 square
feet in size Parcel 1, Parcel Map No. 26476, in the City of
Vernon.
It is recommended that the Easement Deed be accepted, the
Certificate of Acceptance be approved, and the Mayor and City
Clerk be authorized to sign.
The Director of Community Services and Water stated
that his office had reviewed the legal description of the
property for accuracy.
It was moved by Gonzales, seconded by McCormick, that
the aforementioned communication from the Director of Utilities,
dated November 26, 2002 be received and filed and his
recommendation approved. Motion carried.
Communication from Kenneth J. DeDario, Director of
Utilities, dated November 26, 2002, was presented, transmitting
a fully executed Easement Deed from E & L Properties.
The Easement Deed is for electrical utility purposes, incidental
purposes, including rights of ingress and egress, over, across,
under and through the real property located along Bickett
Street, approximately 861 square feet in size Parcel 3, Parcel
Map No. 26476, in the City of Vernon.
It is recommended that the Easement Deed be accepted, the
Certificate of Acceptance be approved, and the Mayor and City
Clerk be authorized to sign.
The Director of Community Services and Water advised
that the legal description of the property has been reviewed by
his office.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the Director of Utilities,
dated November 26, 2002 be received and filed and his
recommendation approved. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 26, 2002, was
presented, 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 the Agreement was executed, the plans for the
Interchange Project were amended.
Page 7 of 15
Regular City Council Meeting Minutes
December 4, 2002
On October 23, 2002, the City Council approved Amendment No. 1
to the Agreement, Resolution No. 8097 for the acquisition of the
property that the City currently needs because of the change in
the Project design. Since the amendment was approved, new
issues in connection with the City's purchase of the property
from the United States Postal Office were addressed. At this
time, it is necessary that Resolution No. 8097 approving the
prior amendment be repealed and Resolution No. 8114, Amendment
No. 1, addressing such issues be approved and executed.
It was moved by Gonzales, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated November 26, 2002 be received
and filed and his recommendation approved. Motion carried.
Councilman Davis abstained from voting on this matter.
RESOLUTION NO. 8114 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. One to the Edison -Vernon 1997 Supplemental
Restructuring Agreement By and Between the City of Vernon and
Southern California Edison Company and Repealing Resolution No.
8097, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8114 be approved and adopted. Motion carried.
Councilman Davis abstained from voting on this matter.
Communication from Bruce Olson, Chief of Police, dated
November 13, 2002, was presented, requesting authority and funds
for the below listed personnel to attend the "Pitchess Motion
Review Class" at Santa Ana on January 30, 2003, with an expense
allowance of $150.80, of which POST will reimburse $17.16 each.
• Danita Robertson, Records Manager
• Liz Sawickis, Records Supervisor
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for the above listed police
personnel to attend the aforementioned class with an expense
allowance of $150.80 each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 19, 2002, was
presented, requesting authority and funds for the Assistant to
the Chief Deputy City Clerk Manuela Giron to attend the "Reading
Dynamics for Business Professionals Seminar" at Long Beach on
January 29, 2003, with an expense allowance of $173.60.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for the Assistant to the Chief
Deputy City Clerk Manuela Giron to attend the aforementioned
seminar with an expense allowance of $173.60. Motion carried.
Page 8 of 15
Regular City Council Meeting Minutes
December 4, 2002
Communication from Steven Parker, Fire Chief, dated
November 19, 2002, was presented, requesting authority and funds
for the below listed personnel to attend the "Confined Space
Rescue Operational Class" at Anaheim on January 27 through 31,
2003, with an expense allowance of $325.00 each.
• Todd Hewett, Fire Captain
• Dan Kimes, Fire Captain
• Jason Rosa, Firefighter
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for the above listed fire
personnel to attend the aforementioned class with an expense
allowance of $325.00 each. Motion carried.
Communication from Steven Parker, Fire Chief, dated
November 19, 2002, was presented, requesting authority and funds
for the below listed Firefighters to attend the "Rescue System I
Class" at Anaheim on February 24 through 28, 2003, with an
expense allowance of $250.00 each.
• James Espalin
• Frank Quinones
• Greg Bringhurst
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for the above listed
firefighters to attend the aforementioned class with an expense
allowance of $250.00 each. Motion carried.
Communication from Bruce Olson, Chief of Police, dated
November 21, 2002, was presented, requesting authority and funds
for Police Officer Mason Chancey to attend the "Property &
Evidence Management Training" at Burbank on February 5 and 6,
2003, with an expense allowance of $308.00.
It was moved by McCormick, seconded by Ybarra, that
authority and funds be approved for Police Officer Mason Chancey
to attend the aforementioned training with an expense allowance
of $308.00. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 26, 2002, was
presented, requesting authority and funds for himself to attend
the "California Contract Cities Association, 36th Annual
Legislative Orientation Tour" at Sacramento on January 13
through 15, 2003, with an expense allowance of $956.94.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for the City Administrator/City
Clerk to attend the aforementioned tour with an expense
allowance of $956.94. Motion carried.
Page 9 of 15
Regular City Council Meeting Minutes
December 4, 2002
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 26, 2002, was
presented, requesting authority and funds for the below listed
City Officials to attend the "California Contract Cities
Association, 36th Annual Legislative Orientation Tour" at
Sacramento on January 13 through 15, 2003, with an expense
allowance of $956.94 each.
• Thomas Ybarra, Mayor Pro-Tem
• William Davis, Councilman
It was moved by McCormick, seconded by Gonzales, that
authority and funds be approved for the above listed City
Officials to attend the aforementioned tour with an expense
allowance of $956.94 each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 26, 2002, was
presented, requesting authority and funds for the Assistant to
the Chief Deputy City Clerk Manuela Giron to attend the "How to
Supervise People Seminar" at Anaheim on January 10, 2003, with
an expense allowance of $183.60.
It was moved by Ybarra, seconded by Davis, that
authority and funds be approved for the Assistant to the Chief
Deputy City Clerk to attend the aforementioned seminar with an
expense allowance of $183.60. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated November 27, 2002, was presented, transmitting
the Minutes of the Regular Finance Committee Meeting held
November 26, 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 26, 2002 be approved. Motion carried.
RESOLUTION NO. 8109 - A Resolution of the City Council
of the City of Vernon Amending Resolution No. 8006, Which
Approved a Budget for the Fiscal Year 2002-2003, to Reflect
Changes, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8109 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated November 27, 2002, was presented, transmitting
the Agenda for the Adjourned Finance Committee Meeting to be
held December 3, 2002, for approval of the recommendations
contained therein.
It was moved by Gonzales, seconded by Davis, that the
recommendations on the Agenda for Adjourned Finance Committee
Meeting held December 3, 2002 be approved. Motion carried.
Page 10 of 15
Regular City Council Meeting Minutes
December 4, 2002
RESOLUTION NO. 8111 - A Resolution of the City Council
of the City of Vernon Approving the Form of, and Authorizing the
Execution and Delivery of, an Historic Building Preservation
Agreement and Authorizing Certain Other Matters Relating
Thereto, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Resolution No. 8111 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated November 27, 2002, was presented, transmitting
the Agenda for the Adjourned Regular Personnel Committee Meeting
to be held December 3, 2002, for approval of the recommendations
contained therein.
It was moved by Gonzales, seconded by Ybarra, that the
recommendations on the Agenda for the Adjourned Regular
Personnel Committee Meeting held December 3, 2002 be approved.
Motion carried.
Warrant Register No. 1103 covering claims and demands
presented during the period of November 14 through November 27,
2002, drawn on Wells Fargo Bank totaling $676,176.22, which
includes demand nos. 207754 through 207948, (inclusive),
excluding Utilities' demands. (Accounting period December
2002).
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 1103 be approved and payment authorized for
claims and demands totaling $676,176.22, excluding Utilities'
demands. Motion carried.
Warrant Register No. 1103 covering claims and demands
presented during the period of November 14 through November 27,
2002, drawn on Wells Fargo Bank totaling $5,861,273.72, which
includes Utilities' demands nos. as listed below: (Accounting
period December 2002).
207754 207758 207759 207760 207764 207771
207774 207778 207782 207784 207787 207788
207792 207793 207794 207795 207806 207808
207820 207821 207824 207828 207831 207854
207871 207875 207885 207897 207904 207908
207913 207918 207925 207929 207930 207947
It was moved by Gonzales, seconded by Ybarra, that
Warrant Register No. 1103 be approved and payment authorized for
Utilities' claims and demands totaling $5,861,273.72. 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 Mayor called a short recess at 5:43 p.m. The City
Council reconvened in regular session at 5:47 p.m., all members
present before the recess again being present.
Page 11 of 15
Regular City Council Meeting Minutes
December 4, 2002
The City Clerk announced that there was nothing to be
discussed in Item Nos. 1 and 2
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
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 announced that now was the time to go
into closed session on Item Nos. 3, 4, and 5.
It was moved by Gonzales, seconded by Davis, that the
City Council go into closed session on Item Nos. 3, 4, and 5,
the time being 5:46 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 54956.9.
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(a) FERC Docket Nos. ER97-2355, EC 96-19-000 and ER96-1663
(Restructuring);
(b) David Venegas, et al. v. City of Vernon, LASC No. BC
207136;
(c) Vernon v. All Persons; LASC No. BC 222145; CA B148676;
(d) 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) ;
(e) Vernon v. Regional Water Quality Control Board; Nos.
A-1280, A1280 (a) and A-1280 (b) ;
(f) 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;
Page 12 of 15
Regular City Council Meeting Minutes
December 4, 2002
(g) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98-
3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC
Docket No. ER01-313 (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-
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. 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);
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 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);
(h) The Burlington Northern and Santa Fe Railway Company
v. City of Vernon; USDC No. CV-00-12891 NM (AJWx);
(i) Sterling Davis v. City of Vernon, et al., USDC No. CV-
01-01602 DDP (AJWx);
(j) Cities of Arcadia, et al. v. The California Regional
Water Quality Control Board, etc., et al., LASC No BC
245633;
(k) FERC Docket No EL01-33 (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);
(1) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E);
(m) Central and West Basin Water Replenishment District,
etc., v. Charles E. Adams, et al, LASC No. C 786656;
(n) Department of Water Resources v. ACN Energy, Inc., et
al., Case No. O1ASO5497;
(o) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos.
ECO2-31, EL02-36 and CP02-38 (PG&E, et al.);
(p) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02-
01247 DT
(q) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East
District -Covina);
(r) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862
(H. P. District) ;
(s) Pacific Bell Telephone Company v. Vernon; LASC No.
02C00927 (H.P. District);
(t) Vernon v. SoCalGas; Case Number Unknown
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: Four (4) potential cases.
Page 13 of 15
Regular City Council Meeting Minutes
December 4, 2002
The Director of Utilities was excused from closed
session at 6:00 p.m.
5. With respect to every item of business to be
discussed in closed session pursuant to Government Code Section
54956.95.
LIABILITY CLAIMS
Claimant: ROBERT PENATE
Agency Claimed Against: CITY OF VERNON
It was moved by Ybarra, seconded by Davis, 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
actions by Channing Strother of McCarthy, Sweeney & Harkaway in
intervening in FERC Docket No. EL03-21 (City of Banning,
California) are hereby ratified. Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
actions by Channing Strother of McCarthy, Sweeney & Harkaway in
intervening in FERC Docket No. EL03-20 (City of Riverside,
California) are hereby ratified. Motion carried.
It was moved by McCormick, seconded by Davis, that the
liability claim from Robert Penate be rejected. Motion
carried.
It was moved by Gonzales, seconded by Ybarra, 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 Barden v. City of
Sacramento (United States Ninth Circuit Court of Appeals Docket
Number 01-15744). Motion carried.
It was moved by Davis, seconded by Ybarra, that
authorization be granted to the City Attorney to move forward on
the matter of Vernon v. SoCalGas, number unknown. Motion
carried.
It was moved by Gonzales, seconded by Davis, that
Tuesday, December 24 and Tuesday December 31, 2002 be deemed
additional holidays in observance of the legal holidays of
December 25, 2002 and January 1, 2003 for all miscellaneous and
non -emergency personnel as long as it does not have an adverse
effect on the operations of the City. Motion carried.
Page 14 of 15
Regular City Council Meeting Minutes
December 4, 2002
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded
by Ybarra, that the meeting be adjourned, the time being 6:07
p.m. Motion carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
Leonis C. Malbure
Page 15 of 15