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20030827 Regular City Council Meeting - MinutesMINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD AUGUST 27, 2003, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick MEMBERS ABSENT: Davis 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 August 6, 2003, be approved and adopted as submitted. Motion carried. Communication from Councilman William Davis, dated August 14, 2003, was presented, requesting to be excused from the Adjourned City Council Meeting on August 27, 2003. It was moved by Gonzales, seconded by Ybarra, that the request from Councilman Davis, dated August 14, 2003, approved. Motion carried. Adeline M.L. Yoong, Director of Government Relations for the Water Replenishment District of Southern California handed out information and summarized their management of water practices. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 14, 2003, was presented, advising that the below listed employees qualified in the month of July 2003 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 06/26/89 Mark Whitworth Battalion Chief 3 07/04/99 Sergio Canales Engineering Aide 4 07/01/90 Ali Nourmohamandian Fiber Optic & Traffic Systems Manager 4 11/03/91 Kenneth Jackson Utilityman IV 6 07/09/90 Kenneth DeDario Director of Utilities 13 12/16/85 Steven Hartsfield Utilityman II 14 08/19/84 Luis Reynoso Utilityman I 16 The Mayor presented the 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. Date of Hire Employee Award O1/08/01 Ignacio Estrada Police Officer 2 03/16/98 Phillip Swinford Police Officer 2 07/17/00 Rogelio Alvarez Police Officer 3 09/18/89 Michael Roche Fire Captain 3 O1/30/95 Donald Vanover Police Officer 3 Adjourned Regular City Council Meeting Minutes August 27, 2003 07/13/98 David Taylor Gas Systems Superintendent 5 05/16/88 David Lazar Fire Captain 7 02/26/90 Darren Simpkins Firefighter 9 03/16/86 Jeff Wightman Utilityman III 9 12/08/85 Rex Hill Police Sergeant 13 The Mayor called a short recess at 5:15 p.m. The City Council reconvened in regular session at 5:17 p.m., all members present before the recess again being present. Police Department Activity Log for the period August 1 through 15, 2003, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period August 1 through 15, 2003, be received and filed. Motion carried. Fire Department Activity Report for the period August 1 through 15, 2003, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period August 1 through 15, 2003, be received and filed. Motion carried. Risk Management Report for the month of July 2003, was presented. It was moved by Gonzales, seconded by Ybarra, that the Risk Management Report for the month of July 2003, be received and filed. Motion carried. Health Department Report for the month of July 2003, was presented. It was moved by McCormick, seconded by Gonzales, that the Health Department Report for the month of July 2003, 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 Council at this time on. There was no one in the audience who wished to address the Council. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 12, 2003, was presented, advising that JC Sales has requested an additional one-year permit extension for their temporary office trailer located at 2720 Soto Street. This has been reviewed by the Director of Community Services and Water and it is hereby recommended that the trailer permit be extended to July 16, 2004. Page 2 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated August 12, 2003, be received and filed and the trailer permit be extended to July 16, 2004. Motion carried. Communication from Kevin Wilson, Director of Community Services and Water, dated August 13, 2003, was presented, advising that the Roof Replacement of the Vernon Power Plant, Contract No. 564, has been completed according to the Plans and Specifications. The total amount expended for the construction equals the original contract amount of $127,100.00. The final ten percent (10%) of the total contract amount, the sum of $12,710.00, is payable thirty-five days after acceptance of the work. Any claims filed by properly executed and filed notices of stop payment or as may be authorized by the contract to be retained will be withheld from this retention. It is hereby recommended that the work be accepted and that authority be granted to pay the contractor, Stone Roofing Company, Incorporated, 730 N. Coney Avenue Azusa, California 91702, in accordance with the contract. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the Director of Community Services and Water, dated August 13, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8266 - A Resolution of the City Council of the City of Vernon Accepting the Work of Stone Roofing Co., Inc. in Accordance with Contract No. 564 of the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8266 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 14, 2003, was presented, transmitting a one-year Water Right License and Agreement with NI Industries, Inc., for the rights to 138 acre-feet of water. The cost of this water is $230.00 per acre-foot or $31,740.00 total. It is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. It was moved by Gonzales, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated August 14, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8264 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License By and Between the City of Vernon and NI Industries, Inc. which Grants the City of Vernon a License to Extract 138 Acre -Feet of the Allowed Pumping Allocation for the Period July 1, 2003 Through June 30, 2004, was presented. Page 3 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8264 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 14, 2003, was presented, transmitting a one-year Water Right License and Agreement with Kal Kan Foods, Inc., for the rights to 140 acre-feet of water. The cost of this water is $225.00 per acre-foot or $31,500.00 total. It is hereby recommended that the Agreement be approved and the Mayor and City Clerk be authorized to sign the Agreement. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated August 14, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8265 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License By and Between the City of Vernon and Kal Kan Foods, Inc. which Grants the City of Vernon a License to Extract 140 Acre -Feet of the Allowed Pumping Allocation for the Period July 1, 2003 Through June 30, 2004, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8265 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 14, 2003, was presented, advising that on February 5, 2003, this legislative body approved, Resolution No. 8138, authorizing the City's participation in the Orange Line Development Authority. In order to continue to participate, a Joint Exercise of Powers Agreement (JEPA) must be approved, which will provide the City with full member rights and privileges. This has been reviewed by staff and the City Attorney's office has reviewed the JEPA. It is hereby recommended that the following be approved: • Execution of Joint Exercise of Powers Agreement, • Appoint two elected officials to represent the City, and; • The City's dues in the amount of $7,405.00. • It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated August 14, 2003, be received and filed, and the following actions be approved. Motion carried. • Councilman McCormick be appointed as the primary representative and Councilman Davis be appointed as the alternate representative, and • Authorize the Mayor to execute the JEPA, and proceed with payment of the member Dues. Motion carried. RESOLUTION NO. 8267 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Orange Line Development Authority Joint Exercise of Powers Agreement and Approving the City's Member Dues, was presented. Page 4 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8267 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 21, 2003, was presented, advising that the city has in effect an approved Records Retention Schedule for all departments with the exception of the Police Department. The current retention schedule has been reviewed by the Finance Administrator in order to update & revise certain records series for certain departments. It is hereby recommended that the Records Retention Schedule be amended to reflect the revisions and be effective immediately. It was moved by McCormick, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated August 21, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8269 - A Resolution of the City Council of the City of Vernon Approving and Adopting an Amendment to the City Of Vernon Records Retention Schedule 2000 For Maintaining Documents And Records By All City Departments Except The Police Department, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8269 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 21, 2003, was presented, advising that at this time it is necessary that Amendment No. One to the existing Professional Consulting Agreement with RRM Design Group be approved to include additional remodeling in the Public Works building. This has been reviewed by the City Attorney and it is hereby recommended that Amendment No. One to the RRM Design Group Agreement be approved and executed. The Director of Community Services and Water addressed the council and briefly summarized this matter It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City Administrator/City Clerk, dated August 21, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8270 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. One to the Agreement for Professional Consulting Services By and Between the City of Vernon and RRM Design Group, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 8270 be approved and adopted. Motion carried. Page 5 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 21, 2003, was presented, advising that the Utilities Department is requesting approval of the new Transmission Control Agreement Among the Independent System Operator and Participating Transmission Owners to include Appendix A (Trans -Elect NTD Path 15, LLC). This has been reviewed by the Federal Energy Regulatory Counsel and our Legal Consultant. It is hereby recommended that the new Transmission Control Agreement Among the Independent System Operator and Participating transmission Owners be approved and executed. The Director of Utilities addressed the City Council and briefly summarized this matter for them. It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated August 21, 2003, be received and filed and his recommendation approved. Motion carried. RESOLUTION NO. 8271 - 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 McCormick, seconded by Gonzales, that Resolution No. 8271 be approved and adopted. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 24, 2003, was presented, requesting authority and funds for Lieutenant James Wohlt to attend the "Beretta Armorer Training Course" at Riverside on September 8 through 10, 2003, with an expense allowance of $346.80. It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for Lieutenant James Wohlt to attend the aforementioned training with an expense allowance of $346.80. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 29, 2003, was presented, requesting authority and funds for Records Manager Danita Robertson to attend the "Managing Multiple Projects, Objectives, and Deadlines Training" at Long Beach on September 10, 2003, with an expense allowance of $221.60. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Records Manager Danita Robertson to attend the aforementioned training with an expense allowance of $221.60. Motion carried. Communication from Bruce Olson, Chief of Police, dated July 29, 2003, was presented, requesting authority and funds for Assistant Records Manager Elizabeth Sawickis to attend the "Managing Multiple Projects, Objectives, and Deadlines Training" at Pasadena on September 3 2003, with an expense allowance of $216.80. Page 6 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 It was moved by McCormick, seconded by Ybarra, that authority and funds be approved for Assistant Records Manager Elizabeth Sawickis to attend the aforementioned training with an expense allowance of $216.80. Motion carried. Communication from Bruce Olson, Chief of Police, dated August 6, 2003, was presented, requesting authority and funds for Vernon Service Officer Daniel Onopa to attend the "Correction Officer Core Course" at Orange on September 15, 2003 through October 20, 2003, with an expense allowance of $1,404.79. It was moved by Ybarra, seconded by Gonzales, that authority and funds be approved for Vernon Service Officer Daniel Onopa to attend the aforementioned course with an expense allowance of $1,404.79. Motion carried. Communication from Steven Parker, Fire Chief, dated August 11, 2003, was presented, requesting authority and funds for himself to attend the "California Fire Chiefs Association's Annual Conference" at Irvine on September 22 through 25, 2003, with an expense allowance of $330.00. It was moved by McCormick, seconded by Ybarra, that authority and funds be approved for the Fire Chief Steven Parker to attend the aforementioned conference with an expense allowance of $330.00. Motion carried. Communication from Steven Parker, Fire Chief, dated August 12, 2003, was presented, requesting authority and funds for Secretary Luz Martinez to attend the "Southern Division AFSS Quarterly Meeting" at Hermosa Beach on September 9, 2003, with an expense allowance of $25.00. It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Secretary Luz Martinez to attend the aforementioned meeting with an expense allowance of $25.00. Motion carried. Communication from Steven Parker, Fire Chief, dated August 12, 2003, was presented, requesting authority and funds for the following fire personnel to attend the "Rescue System 1 Training" at Riverside on November 1 through 7, 2003, with an expense allowance of $250.00 each. • Brad Miller, Fire Engineer • Doug Barker, Firefighter • Chris Shields, Firefighter It was moved by Ybarra, seconded by McCormick, that authority and funds be approved for the above mentioned fire personnel to attend the aforementioned training with an expense allowance of $250.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated August 18, 2003, was presented, requesting authority and funds for Risk Manager/Personnel Assistant Joan Francone to attend the "2003-Cal PERS Educational Forum" at San Francisco on October 20 through 22, 2003, with an expense allowance of $1,104.55. Page 7 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 It was moved by Gonzales, seconded by Ybarra, that authority and funds be approved for Risk Manager/Personnel Assistant Joan Francone to attend the aforementioned forum with an expense allowance of $1,104.55. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated August 14, 2003, was presented, transmitting the Minutes for the Special Finance Committee Meeting held on August 12, 2003, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by McCormick, that the recommendations on the Minutes for the Special Finance Committee Meeting held on August 12, 2003, be approved. Motion carried. RESOLUTION NO. 8262 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Escrow Agreement By and Between the City of Vernon and BNY Western Trust Company Regarding the Malburg Generating Station Project, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8262 be approved and adopted. Motion carried. RESOLUTION NO. 8263 - A Resolution of the City Council of the City of Vernon Approving the Form of an Interest Rate Swap Agreement and Authorizing the Entry into One or More Interest Rate Swap Agreements and Transactions and Certain Actions Relating Thereto, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 8263 be approved and adopted. Motion carried. RESOLUTION NO. 8268 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Software Service Agreement Renewal By and Between the City of Vernon and VisionAir Inc., was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8268 be approved and adopted. Motion carried. RESOLUTION NO. 8273 - A Resolution of the City Council of the City of Vernon Rescinding Resolution No. 7566 and Reaffirming Resolution No. 5946 Which Established a Gas Municipal Utility Department Within The City Of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 8273 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated August 21, 2003, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held on August 26, 2003, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations on the Agenda for the Adjourned Regular Finance Committee Meeting held on August 26, 2003, be approved. Motion carried. Page 8 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 Communication from Bruce V. Malkenhorst, Director of Personnel, dated August 21, 2003, was presented, transmitting the Agenda for the Adjourned Regular Personnel Committee Meeting to be held on August 26, 2003, 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 on August 26, 2003, be approved. Motion carried. RESOLUTION NO. 8272 - A Resolution of the City Council of the City of Vernon Amending Various Sections and Schedules of Resolution No. 8228 Pertaining to the Utilities Department and Group 2 Employees of the Police Department, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 8272 be approved and adopted. Motion carried. Warrant Register No. 1120 covering claims and demands presented during the period of July 31, 2003 through August 20, 2003, drawn on Wells Fargo Bank totaling $999,259.59, which includes the below listed demand nos., and also excluding Utilities' demands (Accounting period August 2003). 211865 211866 211867 211868 211869 211870 211871 211872 211873 211874 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 1120 be approved and payment authorized for claims and demands totaling $999,259.59. Motion carried. Warrant Register No. 1120 covering claims and demands presented during the period of July 31, 2003 through August 20, 2003, drawn on Wells Fargo Bank totaling $1,244,527.22, which includes Utilities' demands nos. as listed below: (Accounting period August 2003). 211779 211780 211782 211783 211784 211786 211787 211791 211820 211824 211829 211831 211833 211834 211837 211851 211857 211859 211862 211864 211882 211903 211905 211913 211915 211938 211939 211951 211965 211988 211991 211996 211997 212024 212032 212038 212039 212040 212048 212049 212056 212062 212076 212083 212086 212104 212109 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 1120 be approved and payment authorized for Utilities' claims and demands totaling $1,244,527.22. Motion carried. Payroll Warrant Register No. 566 covering claims and demands presented during the period of June 15, 2003 through July 12, 2003, drawn on Wells Fargo Bank totaling $2,067,651.14, which includes demand nos. 8186 through 8225 (inclusive). (Accounting Period: July 2003). Page 9 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 It was moved by Ybarra, seconded by McCormick, that Payroll Warrant Register No. 566 be approved and payment authorized for claims and demands totaling $2,067,651.14. Motion carried. The Mayor called a short recess at 5:50 p.m. The City Council reconvened in regular session at 5:56 p.m., all members present before the recess again being present. The City Clerk advised that now was the time to go into closed session on Item No. 1. It was moved by Ybarra, seconded by Gonzales, that the City Council go into closed session on Item No. 1 the time being 5:56 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, Chief Deputy City Clerk, and Director of Community Services. 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 It was moved by Ybarra, seconded by McCormick, that the City Council go out of closed session on item No. 1 and resume regular session, the time being 5:57 p.m. Motion carried. The Director of Community Services and Water was excused at 5:57 p.m. The City Clerk advised that there was nothing to discuss 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 and 4. It was moved by McCormick, seconded by Gonzales, that the City Council go into closed session on Item Nos. 3 and 4, the time being 5:58 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, City Attorney, and Chief Deputy City Clerk. Page 10 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 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) 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); California Department of Toxic Substances Control, etc., et al. v. Commercial Realty Projects, Inc., et al; USDC Case No. 95-8773 MRP (MANx) (d) Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280 (a) and A-1280 (b) ; (e) 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; (f) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC Docket No. ER00-2019-000 (ISO); FERC Docket No. ER00-105 (Vernon); 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. ER01-1579 (ISO); FERC Docket No. EL01-57-000 (Reliant Energy, etc. et al. v. ISO); FERC Docket No. 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), RT01-83 (PG&E), RT01-85 (ISO) and RT01-92 (SCE); FERC Docket No. EL01-84 (SRP v. ISO); City of Anaheim, et al. v. ISO/Vernon/SCE/SDG&E, Case No. 71-198-00758-00 04 JTJ- R; FERC Docket No. ER02-599 (ISO); FERC Docket No. ER02-637 (PG&E); FERC Docket No. ER02-651 (ISO); FERC Docket No. ER02-922 (ISO); FERC Docket No. ER02-1656 (ISO); FERC Docket No. EL02-103 (Vernon); FERC Docket No. ER02-2321 (ISO); FERC Docket No. EL03-14 (Azusa); FERC Docket No. EL03-15 (Anaheim); 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); FERC Docket No. ER03-338 (SCE); FERC Docket No. PA02-2-001; FERC Docket No.ER03-310 (ISO); FERC Docket No. ER03-407 (ISO); FERC Docket No. EL03-54 (Anaheim, et al, v. ISO) (g) The Burlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx); Page 11 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 (h) Sterling Davis v. City of Vernon, et al., USDC No. CV- 01-01602 DDP (AJWx); (i) Cities of Arcadia, et al. v. The California Regional Water Quality Control Board, etc., et al., LASC No BC 245633; (j) 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); (k) FERC Docket No. ELO1-34 (SCE, PG&E, SDG&E); (1) Central and West Basin Water Replenishment District, etc., v. Charles E. Adams, et al, LASC No. C 786656; (m) Department of Water Resources v. ACN Energy, Inc., et al., Case No. O1ASO5497; (n) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos. ECO2-31, EL02-36 and CP02-38 (PG&E, et al.); (o) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02- 01247 DT (p) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (q) Aucensio Saucedo Lopez v. Vernon; LASC No. 02C00862 (H.P. District); (r) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case No. BC 265905; (s) JVL Books, Inc. v. Vernon; USDC No. CV-03-2033 SVW (MCx) ; (t) Jessica Rodriguez v. Vernon; WCAB Case No. Unassigned; (u) Enron Power Marketing Inc. v. Vernon; USBC Adversary Proceeding No. 03-03131 (AJG); (v) Robert S. Spradlin, etc. v. Vernon; Norwalk Superior Court No. VC 039280; (w) Jessica Rodriguez v. Vernon; LASC No. BC298890; (x) Lexington Insurance Company v. Vernon; Norwalk Superior Court No. VC 040647; 4. With respect to every item of business to be discussed in closed session pursuant to subdivision (b) of Government Code 54956.9. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation: One (1) potential case. It was moved by Ybarra, seconded by Gonzales, that the City Council go out of closed session and resume regular session, the time being 6:08 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, to approve the recommendation of the Director of Community Services relating to the temporary employee. Motion carried. It was moved by McCormick, seconded by Gonzales, to authorize the filing of an appeal of the trial court's judgment granting a preliminary injunction in the matter of BNSF v. City of Vernon, Case No. CV-00-12891, and to assign the handling of the appeal to of the Law Offices of Kirkpatrick Lockhart pursuant to their existing retainer agreement. Page 12 of 13 Adjourned Regular City Council Meeting Minutes August 27, 2003 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 6:10 p.m. Motion carried. Le(onis C. Malbu�g Mayor ATTEST: i Bruce V. Malkenhorst City Clerk Page 13 of 13