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20030122 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JANUARY 22, 2003, 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 Adjourned Regular City Council Meeting held January 8, 2003, be approved and adopted as submitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 8, 2003, was presented, advising that the below listed employees qualified in the month of December 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 4kWA rr7 09/18/89 Dean Richens Fire Engineer 5 O1/07/91 Todd Schoenig Fire Engineer 5 03/31/96 Jason Weathers Utilityman IV 5 12/11/94 Carlos Gudino Utilityman IV 8 06/26/89 Rory Moore Administrative Captain 9 02/26/90 Steven Coster Fire Engineer 11 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. 12/04/00 Gustavo Herrera Police Officer 2 12/04/00 Nicholas Perez Police Officer 2 O1/25/99 Maria Madrigal Police Officer 3 10/29/90 Yin Lan Wang Accountant 4 12/01/97 Daniel Garcia Power Resource Coordinator 5 03/16/92 Brian Montoya Lead Meter Reader 5 02/26/90 Michael Rogers Fire Engineer 8 O1/07/91 Jeffrey James Fire Engineer 9 06/02/80 James Wohlt Lieutenant 9 The Mayor called a short recess at 5:07 p.m. The City Council reconvened at 5:10 p.m., all members present before the recess again being present. Adjourned Regular City Council Meeting Minutes January 22, 2003 The City Clerk announced that now was the time to acknowledge the following teachers and students from the Vernon Elementary School for their encouragement and participation in the City of Vernon "Used Oil Recycling Calendar Contest." Lewis Pozzebon, Director of Environmental Health, briefly explained the concept of the program. The Mayor presented awards to the following: Acknowledgement for Cooperation and Support: Mrs. Alameda - Higgins, Principal Acknowledgement for Encouragement: Mrs. Vargas Mr. Yamaguchi Students Receiving Trophies and Gift Certificates: Cristal Canela Luz Hernandez Rebecca Juarez Lisbet Mercado Humberto Mora Monica Mora Tania Navarette Isaac Rodriguez The following students were not able to attend the meeting and their awards: Ariana Cervantes Francisco Lopez Janette Leyva Guadalupe Macias Businesses providing Gold, Silver, and Bronze Sponsorships: Gold Sponsor: Baker Commodities - James Andreoli, Sr. President Silver Sponsors: Innovative Waste Control, Inc. - Harold Arsenian, President P & O Cold Logistics - William Duffy, President Exxon -Mobil Corporation - Kit Malone, Superintendent Bronze Sponsors: The Alpert Group - Stephen Becraft Art's Disposal Service, Inc. - Jim Kazarian Vernon Chamber of Commerce - Dolores Petullo, GM Page 2 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 The Mayor called a short recess at 5:20 p.m. The City Council reconvened at 5:27 p.m., all members present before the recess again being present. Police Department Activity Log for the period January 1 through 15, 2003, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period January 1 through 15, 2003 be received and filed. Motion carried. Fire Department Activity Report for the period January 1 through 15, 2003, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period January 1 through 15, 2003 be received and filed. Motion carried. Risk Management Report for the month of December 2002, was presented. It was moved by Gonzales, seconded by Davis, that the Risk Management Report for the month of December 2002 be received and filed. Motion carried. Health Department Report for the month of December 2002, was presented. It was moved by Davis, seconded by McCormick, that the Health Department Report for the month of December 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. Mr. Ronald Garcia, Region Manager, of Southern California Edison (Edison) introduced himself and addressed the City Council and advised them that Edison is working very hard to overcome the hardships related to the deregulation of utilities, the gradual restoring of its credibility, and its current incentive programs offered to its customers. Mr. Garcia has been working for Edison for 35 years, offered his assistance, and thanked the City Council for their time. Ms. Dolores Petullo, General Manager of the Vernon Chamber of Commerce addressed the City Council and discussed the most recent delegation from Korea that was composed of presidents of various Korean companies who visited a total of four companies in the City of Vernon in one day. Page 3 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 Ms. Petullo also advised that the Chamber is currently working on the new directory and introduced the new Chairman of the Board, Mr. Gary Shushnar. Mr. Shushnar advised that the Installation Dinner will be held February 20, 2003. Both, Ms. Petullo and Mr. Sushnar thanked the City Council for their time. The City Clerk requested that the Public Hearing to consider a request for a variance from Owens Brockway Glass Container, Inc., located at 2923 Fruitland Avenue, to allow the applicant to utilize the parking and loading requirement in compliance with Section 26.4.2-6 of the Comprehensive Zoning Ordinance, be continued to the next meeting. Communication from Kevin Wilson, Director of Community Services and Water, dated December 11, 2002, advising that Owens Brockway Glass Container, Inc. has submitted a complete application for a variance from Section 26.4.2-6 of the Comprehensive Zoning Ordinance. They are proposing to exclude a designated area used exclusively for housing of equipment from the required parking and loading requirements of Section 26.4.2- E at their existing facility located at 2923 Fruitland Avenue. This site is located in the M-Zone, General Industrial. (Continued from the City Council meeting held January 8, 2003.) Submitted herewith for your consideration are the following supporting documents: 1. Staff Report dated December 12, 2002. 2. Request for variance application permit and information supporting the application. 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. It was moved by Gonzales, seconded by Ybarra, that the public hearing concerning Owens Brockway Glass Container, Inc., be continued to the next meeting. Motion carried. The City Clerk requested that the hearing to consider the Industrial Disability Retirement Application of Police Sergeant Penny Turner and respective resolution be deferred to the next meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 15, 2003, advising that on December 17, 2002, the City applied for an Industrial Disability Retirement with the Public Employees Retirement System (PERS) on behalf of Penny Turner under Government code 21152 (c) which states that an application to the board for retirement of a member for disability may be made by the governing body or an official designated by the governing body, of the contracting agency. Ms. Penny Turner was hired by the City of Vernon as a Police Officer on September 19, 1988. During her employment she suffered work -related injuries to various parts of her body including her left elbow and left wrist. Page 4 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 On a medical examination report, dated October 16, 2002, submitted by Dr. Woods, it has been determined that for the left upper extremity, Ms. Turner is precluded from heavy lifting, forceful grasping, repetitive pushing and pulling, and , repetitive torquing. A functional capacity evaluation was performed November 19, 2002. The results of the evaluation indicate she is unable to meet the job requirements for a Police Officer or Poli e Sergeant. One hundred percent (100%) of her symptomatology nd disability would be due to her job duties as a Police Office with the City of Vernon. She is permanent and stationary as of October 16, 2002. This has been reviewed by our Risk Manager and it is hereby recommended that the City Council approve Ms. Penny Turner's Industrial Disability Retirement Application and issuance of advanced disability pension payments in the amount of $3,549.00 to be paid monthly beginning January 23, 2003. RESOLUTION NO. 8135 - A Resolution of the City Council of the City of Vernon Granting the Disability Retirement of Penny Turner, a Local Safety Member Employed by the City of Vernon (Government Code Sections 21154 and 21156). It was moved by McCormick, seconded by Davis, that the hearing to cons�der the Industrial Disability Retirement Application of Police Sergeant Penny Turner and Resolution No. 8135 be deferred to the next meeting. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 14, 2002, was presented, transmitting the December 2002 City of Vernon Economic Impact Study to be received and filed. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated December 14, 2002 and the December 2002 City of Vernon Economic Impact Study be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 16, 2002, was presented, advising that it is necessary at this time that procedural rules and regulations regarding business license taxes and other City taxes pursuant to Vernon City Code Section 5.62 (c) be approved and adopted. The Mayor asked why is this necessary. The City Attorney advised that this is necessary at this time to clarify the appeal process in accordance to Ordinance No. 1055. Page 5 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated December 16, 2002, be received and filed and the procedural rules and regulations regarding business license taxes and other City taxes pursuant to Vernon City Code Section 5.62 (c) be approved and adopted. Motion carried. RESOLUTION NO. 8129 - A Resolution of the City Council of the City of Vernon Adopting Procedural Rules and Regulations Regarding Business License Taxes and Other City Taxes Pursuant to Vernon City Code Section 5.62(c), was presented. Motion carried. It was moved by McCormick, seconded by Davis, that Resolution No. 8129 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 16, 2002, was presented, advising that staff has been negotiating with Marelich Mechanical Co., dba University Marelich Mechanical & Galliera, Inc., dba Trico Construction, a Joint Venture, (Marelich) for procurement and construction services in connection with the Malburg Generating Station Project (the "Project"). On January 15, 2003, staff requested the execution of a Letter Agreement to proceed with the pre -construction planning, construction schedule development, and provide the appropriate manpower to support such activities. This has been reviewed by the City Attorney and it is hereby recommended that the Letter Agreement/Authorization to Proceed with Marelich Mechanical Co., be ratified. The City Attorney briefly summarized the negotiations with Marelich Mechanical Co., and also advised that because the engineering portion of the EPC Contract with Marelich the City was separately negotiating with WRMS Engineering, a subsidiary of Calpine Corporation, and advised that based on the importance of this matter in relation to the construction of Malburg Generating Station Project, he recommended that the City Council grant authorization to the City Administrator to execute such agreement when it is ready and approve such action by making a motion right after the adoption of Resolution No. 8115. It was moved by Ybarra, aforementioned communication from Clerk, dated December 16, 2002, be Letter Agreement/Authorization to Mechanical Co., be authorized and signature on the Letter Agreement ratified. Motion carried. seconded by Davis, that the the City Administrator/City received and filed and the Proceed with Marelich the City Administrator's on behalf of the City be RESOLUTION NO. 8115 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract for Procurement and Construction Services and Ratifying a Letter Agreement with Marelich Mechanical Co., dba University Marelich Mechanical & Galliera, Inc., dba Trico Construction, a Joint Venture, for the Malburg Generating Station Project, was presented. Page 6 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 It was moved by Gonzales, seconded by McCormick, that Resolution No. 8115 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, that authorization be granted to the City Administrator to execute the WRMS Engineering Agreement as recommended by the City Attorney and to bring back that agreement for full ratification at the next meeting. Motion carried. The City Clerk requested that the following matter be deferred to the next meeting. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 16, 2003 recommending that the letter directed to the Superintendent of the Los Angeles Unified School District regarding the possible closure of Vernon Elementary School in the City of Vernon be ratified. It was moved by Gonzales, seconded by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated January 16, 2003, be deferred to the next meeting. Motion carried. Mayor Pro Tem Ybarra abstained himself from voting on this matter because he rented property to the LAUSD and therefore had a potential financial interest. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 10, 2002, was presented, requesting authority and funds for himself to attend the "California Society of Municipal Finance Officers 2003 Annual Conference" at Sacramento on February 23 through 25, 2003, with an expense allowance of $929.50. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the City Administrator to attend the aforementioned conference with an expense allowance of $929.50. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 10, 2002, was presented, requesting authority and funds for the below listed City Officials to attend the "California Society Municipal Finance Officers 2003 Annual Conference" at Sacramento on February 23 through 25, 2003, with an expense allowance of $880.90 each. • Hilario Gonzales • Thomas Ybarra It was moved by Davis, seconded by McCormick, that authority and funds be approved for the above listed City Officials to attend the aforementioned conference with an expense allowance of $880.90 each. Motion carried. Page 7 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated December 16, 2002, was presented, requesting authority and funds for the below listed City Officials to attend the "Independent Cities Association 15tn Annual Winter Seminar" at Santa Barbara on February 21 through 23, 2003, with an expense allowance of $1,119.44 each. • William Davis • William McCormick It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for the above listed City Officials to attend the aforementioned seminar with an expense allowance of $1,119.44 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 19, 2002, was presented, requesting authority and funds for the below listed Dispatchers to attend the "Advanced Communication Training" at Riverside on February 10 and 11, 2003, with an expense allowance of $121.20, of which POST will reimburse $84.64 each. • Alexandra Ronquillo • Belinda Mejia It was moved by McCormick, seconded by Davis, that authority and funds be approved for the above listed police dispatchers to attend the aforementioned training with an expense allowance of $121.20 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 19, 2002, was presented, requesting authority and funds for Lieutenant Anthony Zack to attend the "Police Management - Modules A-C" at San Juan Capistrano on February 3 through 7, 2003, March 4 through 7, 2003, and April 15 through 18, 2003 with an expense allowance of $520.00, of which POST will reimburse $442.00. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Lieutenant Anthony Zack to attend the aforementioned modules with an expense allowance of $520.00. Motion carried. Communication from Bruce Olson, Chief of Police, dated December 19, 2002, was presented, requesting authority and funds for Sergeant Fernando Rodriguez to attend the "California Robbery Investigation Seminar" at Las Vegas on February 4 through 6, 2003, with an expense allowance of $411.20. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Sergeant Fernando Rodriguez to attend the aforementioned seminar with an expense allowance of $411.20. Motion carried. Page 8 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated December 19, 2002, was presented, requesting authority and funds for Utility Clerk Alice Saldana to attend the "Mistake Free Grammar & Proofreading Seminar" at Anaheim on February 26, 2003, with an expense allowance of $150.60. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Utility Clerk Alice Saldana to attend the aforementioned seminar with an expense allowance of $150.60. Motion carried. The Chief of Police advised that the following course was cancelled and asked that his request be removed from the agenda and no further action be taken at this time. Communication from Bruce Olson, Chief of Police, dated January 2, 2003, requesting authority and funds for Records Clerk Martha Parra to attend the "Training for Trainers Course" at San Diego on February 10 through 14, 2003, with an expense allowance of $1,327.55, of which POST will reimburse $1,024.36. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the Chief of Police Bruce Olson, dated January 2, 2003, be removed from the agenda and no further action be taken at this time. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 3, 2003, was presented, requesting authority and funds for Police Officer Ana Quinones to attend the "Interview & Interrogations Training" at San Pedro on February 10 through 14, 2003, with an expense allowance of $594.00, of which POST will reimburse $574.40. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Police Officer Ana Quinones to attend the aforementioned training with an expense allowance of $574.40. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 3, 2003, was presented, requesting authority and funds for Police Officer Donald Vanover to attend the "Colt Armorer's Course" at San Bernardino on February 18 through 20, 2003, with an expense allowance of $509.40. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Police Officer Donald Vanover to attend the aforementioned course with an expense allowance of $509.40. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 3, 2003, was presented, requesting authority and funds for Detective Michael Docherty to attend the "Colt Armorer's Course" at San Bernardino on February 18 through 20, 2003, with an expense allowance of $405.00. Page 9 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 It was moved by McCormick, seconded by Davis, that authority and funds be approved for Police Detective Michael Docherty to attend the aforementioned course with an expense allowance of $405.00. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated January 6, 2003, was presented, requesting authority and funds for Office Manager Martha Valenzuela to attend the "California Society of Municipal Finance Officers 2003 Annual Conference" at Sacramento on February 22 through 25, 2003, with an expense allowance of $986.96. The City Clerk advised that the expense allowance for Office Manager Martha Valenzuela is incorrect and that it should be $911.06. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Finance Office Manager Martha Valenzuela to attend the aforementioned conference with an expense allowance of $911.06. Motion carried. Communication from Bruce Olson, Chief of Police, dated January 9, 2003, was presented, requesting authority and funds for Lieutenant Steve Towles to attend the "Grants Management Training Seminar" at Long Beach on February 25 and 26, 2003, with an expense allowance of $55.20. It was moved by McCormick, seconded by Davis, that authority and funds be approved for Lieutenant Steve Towles to attend the aforementioned seminar with an expense allowance of $55.20. Motion carried. Communication from Kenneth DeDario, Director of Utilities, dated January 14, 2003, was presented, requesting authority and funds for Engineering & Operations Project Manager Carlos Fandino to attend the "Microsoft Access Workshop" at Van Nuys on February 5 and 6, 2003, with an expense allowance of $543.00. It was moved by Davis, seconded by Ybarra, that authority and funds be approved for Engineering & Operations Project Manager Carlos Fandino to attend the aforementioned workshop with an expense allowance of $543.00. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated January 15, 2003, was presented, requesting authority and funds for Environmental Specialist Lyndon Ong Yiu to attend the "February 2003 Regional Conference: Environmental Health & Health Education" at Los Angeles on February 26 through 28, 2003, with an expense allowance of $421.00. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Environmental Specialist Lyndon Ong Yiu to attend the aforementioned conference with an expense allowance of $421.00. Motion carried. Page 10 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 Communication from Samuel Kevin Wilson, Director of Community Services and Water, dated January 15, 2003, was presented, requesting authority and funds for himself to attend the "League of California Cities, Public Works Officers Institute" at Monterey on February 25 through 28, 2003, with an expense allowance of $1,090.20. It was moved by McCormick, seconded by Davis, that authority and funds be approved for the Director of Community Services and Water to attend the aforementioned conference with an expense allowance of $1,090.20. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated January 16, 2003, was presented, transmitting the Agenda for the Regular Finance Committee Meeting to be held January 21, 2003, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations on the Agenda for the Regular Finance Committee Meeting held January 21, 2003 be approved. Motion carried. RESOLUTION NO. 8132 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Following Departments: City Administrator/City Clerk, Community Services And Water, Fire, Police And Utilities, Pursuant To Section 2.31 Of The Vernon City Code, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8132 be approved and adopted. Motion carried. RESOLUTION NO. 8133 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of Two New Ford F250 XL Regular Cab Pickup Trucks for the Community Services and Water Department, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 8133 be approved and adopted. Motion carried. RESOLUTION NO. 8134 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Addendum to Agreement Dated May 2, 2002 by and between the City of Vernon and Bond Logistix LLC Regarding the Malburg Generating Station Project, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8134 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated January 16, 2003, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held January 21, 2003, for approval of the recommendations contained therein. Page 11 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 It was moved by McCormick, seconded by Gonzales, that the recommendations on the Agenda for the Adjourned Regular Personnel Committee Meeting held January 21, 2003 be approved. Motion carried. Warrant Register No. 1106 covering claims and demands presented during the period of December 31, 2002 through January 15, 2003, drawn on Wells Fargo Bank totaling $482,839.29, which includes demand nos. 208401 through 208651, (inclusive), excluding Utilities' demands. (Accounting period January 2003). It was moved by Davis, seconded by Gonzales, that Warrant Register No. 1106 be approved and payment authorized for claims and demands totaling $482,839.29, excluding Utilities' demands. Motion carried. Warrant Register No. 1106 covering claims and demands presented during the period of December 31, 2002 through January 15, 2003, drawn on Wells Fargo Bank totaling $2,497,278.53, which includes Utilities' demands nos. as listed below: (Accounting period January 2003). 208413 208417 208436 208444 208445 208450 208457 208463 208465 208466 208468 208470 208474 208475 208479 208480 208483 208492 208498 208500 208507 208513 208522 208528 208529 208533 208534 208547 208553 208554 208555 208560 208571 508581 208583 208590 208591 208592 208596 208602 208609 208613 208617 208645 208648 208649 208650 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 1106 be approved and payment authorized for Utilities' claims and demands totaling $2,497,278.53. 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. 559 covering claims and demands presented during the period of November 17 through December 14, 2002. Drawn on Wells Fargo Bank totaling $1,882,367.42, which includes demand nos. 7912 through 7949 inclusive). (Accounting Period: December 2002). It was moved by Gonzales, seconded by Ybarra, that Payroll Warrant Register No. 559 be approved and payment authorized for claims and demands totaling $1,882,367.42. Motion carried. The Mayor called a short recess at 6:00 p.m. The City Council reconvened in regular session at 6:01 p.m., all members present before the recess again being present. Page 12 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 The City Clerk advised that there was nothing to be discussed in closed session on 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 Ybarra, seconded by Davis, that the City Council go into closed session on Item Nos. 3, 4, and 5, the time being 6:02 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, Assistant to the Chief Deputy City Clerk, and City Attorney. The Mayor ordered all communications to and from closed session deemed and 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 13 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 (g) 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- 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); EL01-75 (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), RTO1-83 (PG&E), RTO1-85 (ISO) and RT01-92 (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); FERC Docket No. EL03-20 (Riverside); FERC Docket No. EL03-21 (Banning); FERC Docket No. ER03-142 (SCE); FERC Docket No. EL03-31 (Vernon TRBA); FERC Docket No. ER03-219 (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. EL01-37 (SRP & SMUD v. PX); (1) FERC Docket No. EL01-34 (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, El Paso Natural Gas, et al., Case No. BC 265905; Page 14 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 4. 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: Four (4) potential cases. 5. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS Claimant: DUNN-EDWARDS CORPORATION Agency Claimed Against: CITY OF VERNON Claimant: ANDREA ORTEGA Agency Claimed Against: CITY OF VERNON It was moved by Ybarra, seconded by Gonzales, that the City Council go out of closed session on Item Nos. 3, 4, and 5 and resume regular session, the time being 6:20 p.m. 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. ER03-338 (Southern California Edison Company) are hereby ratified. Motion carried. It was moved by Ybarra, seconded by Davis, that the Supplement to Legal Opinion submitted regarding the Inapplicability of Government Code Section 1090 to the City of Vernon and the Redevelopment Agency's Consulting Agreements with Ivanhoe Energy Services and Development, Inc., be received and filed. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Opinion submitted regarding the Inapplicability of the Political Reform Act and Government Code Section 1090 to the City Administrator with regard to certain governmental decisions, be received and filed. Motion carried. It was moved by Ybarra, seconded by Davis, that the Legal Opinion submitted regarding the Inapplicability of the Political Reform Act and Government Code Section 1090 to the City of Vernon Mayor's Financial Interests dated January 10, 2003, be received and filed. Motion carried. It was moved by Ybarra, seconded by Davis, that the Liability Claim of Dunn -Edwards Corporation be rejected. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Liability Claim of Andrea Ortega be approved and the Release of All Claims be accepted in the amount of $900.00. Motion carried. Page 15 of 16 Adjourned Regular City Council Meeting Minutes January 22, 2003 There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Davis, that the meeting be adjourned, the time being 6:24. p.m. Motion carried. (Leonis C. Malb�xg Mayor ATTEST: G' Bruce V. Malkenhorst City Clerk Page 16 of 16