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20031105 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD NOVEMBER. 5, 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, Davis, McCormick MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Davis, seconded by Ybarra, that the Minutes of the Regular City Council Meeting held October 15, 2003,, be approved and adopted as submitted. Motion carried. The Mayor presented Service Pins to the following employees and extendedcongratulations on behalf of the entire City Council. Craig Peltier Firefighter p 15 years Andrew Guth - Battalion Chief -15 years Pete Torres Fire Engineer - 15 years Elizabeth Negrete Senior Account Clerk 5 years - The following employee visa unable to attend the meeting and her service pin was accepted by her respective department head. Jacqueline .Hamilton Dispatcher 5years Police Department Activity Log for the period October 15 through 31, 2003, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period October 15 through 31, 2003, be received and filed.. Motion carried. Fire' Department Activity Report for the period October 15 through 31, 2003, was presented. It was moved by Ybarra, seconded byDavis,that -the Fire Department Activity Report for the period. October 15 through 31, 2003, be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 30, 2003, was presented, advising that on October 14, 2003, the Finance Committee recommended approval to enter into an agreement with Compulink Management Center,, Inc. dba LaserFiche Document Imaging for the update and expansion of the City's computerized Records Management Program. _ The agreement has been reviewed by the Acting City Attorney and it is hereby recommended that the agreement with Compulink. Management Center, Inc. dba LaserFiche Document Imaging be approved and executed. It was moved by Gonzales, seconded by Davis,that the aforementioned communication from the City Administrator/City Clerk, dated. October 30, 2003, be received and filed and his recommendation be approved. Motion carried. Regular City Council Meeting Minutes - November 5, 2003 RESOLUTION NO. 8303-A Resolution of the City Council of the City of Vernon Approving and Authorizing .the Execution of an Agreement for Laserfiche Document Management System By and Between the City of Vernon and Compulink Management Center, Inc. dba LaserFiche Document Imaging, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No.. 8303 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk,. dated October 22, 2003, was presented, advising that at this time it is necessary that the City amend its existing Family and Medical Leave Policy (Section V.),. If approval is grantedtheamendment will add the following and should read as follows: " V. Substitution of Paid Vacation and In - Lieu Holiday time.. This has been reviewed by the Risk Manager and it is hereby recommended that said policy be amended to reflect the above change to Section V. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated October 22, 2003, be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 8297 - A Resolution of the City Council of theCityof Vernon Amending the City of Vernon Family and Medical Leave Policy, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 8297 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, -dated October 28, 2003,. was presented, advising that West Pico Foods, Inc., has requested an additional one-year permit extension for their temporary office trailer . located at 5201 Downey Road. This has been reviewed by the Director of Community Services and Water and it is hereby recommended that the trailer permit be extended to August 7,. 2004. It was moved by Ybarra, seconded, by Davis, that the aforementioned communication from the City Administrator/City Clerk, dated October 28, 2003, be received and filed and his recommendation be approved. Motion carried. Communication from Bruce. V. Malkenhorst, City Administrator/City Clerk,. dated October 30, 2003, was presented,. advising that on May 8, 2002, the City entered into an agreement for professional consulting services with Michael Kodama to provide assistance with Federal, State, Regional, and Local transportation planning policies and funding efforts for the City. it is necessary that the agreement be extended and amended to reflect changes on fees from a $2,000.00 retainer to an hourly rate of approximately $160.00 per hour and not to exceed $2,000 per month. - Page 2 of 13 Regular City Council Meeting Minutes November 5, 2003 This has been reviewed by the City Administrator's Office and it is hereby recommended that Amendment No. 3 to the existing agreement with Michael Kodama be extended six months, through May 8, 2004.. It was moved by McCormick, seconded by Gonzales, that the aforementioned communication from the. City - Administrator/City Clerk, dated October 30, 2003, be received and filed and his recommendation be approved.. Motion carried. RESOLUTION NO. '8308 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. Three to Agreement for Professional Consulting Services By and Between the City of Vernon and Michael R. Kodama Planning Consultants, was presented. It was moved by Ybarra, seconded by Davis,. that Resolution No. 8308 be approved and adopted. Motion carried. The City Clerk asked that the following communication dated October 30, 2003, and Resolution No. 8302 be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, city Administrator/City Clerk, dated October 30, 2003, advising that the Fire Department has received notification of approval for the four below listed grants that are provided by the Office of the Assistant United States Attorney General, the Office of Justice Programs, and the Office for Domestic Preparedness Equipment Program. At this time it is necessary to approve and ratify the filing of the applications, which are as follows: • 5YO1 State Domestic Preparedness Equipment Program- 2002-88, OES #037-00000 • FY02 State Domestic Preparedness Grant Program-2002- 133, OES #037-00000 • FY03 State Homeland Security Grant Program-2003-167, OES #037-00000 • FY03 State Homeland Security Grant Program, Part II- 2003-35, OES.#037-00000 ,. This has been reviewed by the Fire Chief and the City Attorney and it is hereby recommended that the filing of the four applications be approved. and ratified, RESOLUTION NO. 8302 - A Resolution of the City Council of the City of Vernon Approving and Ratifying the Electronic Filing of Two 2003 StateHomelandSecurity Grants, One 2001 State Domestic Preparedness Equipment Grant and One 2002 State Domestic Preparedness Grant by the Vernon Fire Department. It was moved Gonzales, seconded by Davis, that the aforementioned communication and resolution bedeferred -to the next council meeting Motion carried. Page 3 of13 Regular City Council Meeting Minutes November 5, 2003 Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 30,2003,was presented, advising that the Federal Highway Administration (FHA) is requesting that all recipients of FHA funds adopt a Disadvantage Business Enterprises (DBE) Program to establish their own DBE goals before any funding can be released. On August 18, 2003, the DBE Program for FFY 2003-2004 submitted by the Community Services and Water Department was approved. This has been reviewed by the Acting City Attorney and it is hereby recommended that the City of Vernon's DBE Program be approved and a -resolution be adopted. It was moved by Davis, seconded by Gonzales, that the aforementioned communication from the City Administrator/City Clerk, dated October 30, 2003, be received and filed and his recommendation be approved. Motion carried. RESOLUTION NO. 8307 - A Resolution of the City Council of the City of Vernon Approving and Adopting a Disadvantaged Business Enterprise Program Pursuant to Part 26 of Title 49 of the Code of Federal Regulations, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 8307 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 30, 2003, was presented, - advising that at the meeting of August 6, 2003, this legislative body authorized the Light & Power Department to issue informal RFPs to qualified vendors for the maintenance and services of the Electric System. The following vendors responded: Hampton Tedder Electric Co., Inc.. Henkels & McCoy. Contractors, Inca PAR Electrical Contractors, Inc. Petrelli Electric, Inc. The proposals have been reviewed by the Director of Light & Power and it is hereby recommended that the Acting City Attorney be authorized tonegotiate an agreement with Petrelli Electric, Inc., and report back to Council with recommendation.. It was moved by Gonzales, seconded by Ybarra, that the aforementioned communication from the City Administrator/City Clerk, dated October 30, 2003, be received and filed and his recommendation be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 30, 2003, was presented, advising that on October 14, 2003 the City responded to a payoff demand statement from Pickford Realty, Inc:.:, regarding the City's CDBG loan to Princess Paper.. At this time it is necessary that the "Request for full Reconveyance" be approved for Payoff of the Promissory Note with Princess Paper, Inc., and the City Administrator be authorized to execute any documentation regarding this matter. Page 4 of 13 Regular City Council Meeting Minutes November 5, 2003 This has been reviewed by the Acting City Attorney and it is hereby recommended that the "Request for full Reconveyance" be executed and the City Administrator be authorized to execute any documentation regarding this matter. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from the City - Administrator/City Clerk, dated October 30, 2003, be received and filed and his recommendation be approved. Motion carried. ` RESOLUTION NO. 8301 - A Resolution of the City Council. of the City of Vernon Approving and Authorizing the Execution of a Request for Full Reconveyance for Payoff of the Promissory Note with Princess Paper, Inc., was presented. It was moved by Davi a, seconded by Gonzales, that Resolution No. 8301 be approved and adopted. Motion carried, Communication from Bruce Olson, Chief of Police, dated October 3, 2003, was presented, requesting authority and funds for Sergeant Michael Alway to attend the "Post Supervisory Course" at Costa Mesa on December 1 through 12, 2003, with an expense.allowance of $404.90, of which POST will reimburse $275 .78. It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for Michael Alway to attend the aforementioned course with an expense allowance of $404.90-. Motion carried. Communication from Bruce Olson, .Chief of Police, dated October 3; 2003, was presented, requesting authority and funds for Police Officer Donald Vanover to attend the "SIMUNITION Supervisor Training and Safety Course" at Huntington Beach on December ,2 through 5, 2003, with an expense allowance of $672.80, of which POST will reimburse $103.76. It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Donald Vanover to attend the aforementioned course with an expense allowance of $672..80. Motion carried. -� Communication from Bruce Olson, Chief of Police, dated October 8, 2003, was presented, requesting authority and funds for Police Officer Maria Madrigal to attend the "California D.A.R.t. Conference" at Modesto on November 24 through 26, 2003, with an expense allowance of $557.14. It was moved by Gonzales, seconded by Davis, that authority and funds be approved for Maria Madrigal to attend the aforementioned conference with an expense allowance of $557.14. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated October 8, 2003, was presented, requesting authority and funds for Assistant to the Chief Deputy City Clerk Manuela Giron to attend the "City Clerks New Law & Election Seminar" at Monterey on December 9 through 12, 2003, with an expense allowance of $1,360.00. Page 5 of 13 Regular City Council Meeting Minutes November-5, 2003 It was moved by Ybarra,. seconded by Davis,. that authority and funds be approved for Manuela Giron to attend the aforementioned seminar with an expense allowance of $1,360.00. Motion carried. Communication from Steven Parker, Fire Chief, dated October 15, 2003, was presented, requesting authority and funds for himself to attend the "Fire Chiefs Leadership Seminar" at Monterey on December 10 through 12,- 2003, with an expense. allowance of $788.00. It was moved by McCormick, seconded by Gonzales, that authority and funds be approved for the FireChiefSteven Parker to attend the aforementioned seminar with an expense allowances of $788.00. Motion carried. .Communication from Bruce Olson, Chief of Police, dated October 22, 2003, was presented, requesting authority and funds for the below listed Sergeants to attend the "Taxer Instructor Training" at Gardena on December 1 and 2, 2003, with an expense allowance of $195.00 each. .• Michael Chavez • David Zapien It was moved by Ybarra, seconded by Davis, that authority and funds be approved for the above listed Sergeants to attend the aforementioned training with anexpenseallowance of $195.00 each. Motion carried. Communication from Bruce Olson, Chief of Police, dated October 23, 2003, was presented, requesting authority and funds for the below listed Detectives to attend the "Advanced Cognitive Interview and Forensic Statement Analysis Class" at Long Beach on January 5 through 9, 2003, with an expense allowance of $746.00, of which POST will reimburse 701-,00 each. • Brandon Gray • Phillip swinford It was moved by Gonzales, seconded by Davis, that authority and funds be approved for the above listedDetectives -- to attend the aforementioned class with an expense allowance of $746.00 each. Motion carried. - Communication from S. Kevin Wilson, Director of Community Services and Water, dated October 27, 2003, was presented, requesting authority and funds for Engineering Aide Sergio A. Canales-to attend the "Association of Environmental Professionals - California Environmental Protection Act Workshop" at Irvine on November 10, 2003, with an expense allowance of $154.00. It was moved by .McCormick, seconded by Gonzales, that authority and funds.be approved for .Sergio A. Canales to attend " the aforementioned workshop with an expense allowance of $154.00. Motion carried. Page 6 of 13 Regular City Council Meeting Minutes November 5, 2003 Communication from Steven Parker, Fire Chief, dated October 29, 2003, was presented, requesting authority and funds for Administrative Captain Rory Moore to attend the "Emergency Response 2003 Conference at Long Beach on November 18 through 20, 2003, with an expense allowance of $250.00, It was moved by Ybarra, seconded by Davis, that authority and funds be approved for Rory Moore to attend the aforementioned conference with an expense allowance of $250.00.- Motion carried. Communication from Steven Parker, Fire Chief, .dated October 29, 2003,. was presented, requesting authority and funds for the below listed Firefighters to attend the "Rescue Systems II Class" at Anaheim on November 17 through 21, 2003, with an expense allowance of $325.00 each. • Brian Brown • Jonathan Flagler • Scott Metz • William Niesley • Larry Walker - It was moved by Davis, seconded by McCormick, that authority and funds be approved for the above listed firefighters to attend the aforementioned class with an expense allowance of $325.00 each. Motion carried. TheCity Clerk advised that the expense allowance for Gus Gani should be corrected from $621.20 to $671..20. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk., dated October 30, 2003, was presented, requesting authority and funds for the below listed Information Technology Analysts to attend the "A Plus Computer Maintenance Certification Training" at Pasadena on December 6t", 13en 26tn 2003 and January lit', 18tn 25tn 2004, with an expense allowance of $774.00 and $621.20, respectively. ' • vipul B. Patel - • Gus Gani It was moved by Gonzales., seconded by Ybarra, that authority and funds be approved for the above listed personnel to attend the aforementioned training with an expense allowance of $774..00 and 671.20, respectively. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 30, 2003, was presented, transmitting the Minutes for the Adjourned Regular Finance Committee Meeting held on October 28, 2003, for approval of the recommendations contained therein. It was moved by Davis, seconded by Ybarra, that the recommendations 'on -the Minutes for the Adjourned Regular Finance Committee Meeting held on October 28, 2003, be approved. Motion carried. Page 7 of 13 Regular City Council Meeting Minutes November 5, 2003 RESOLUTION NO. 8298 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of Request for Proposals from Qualified Firms to Provide a Vulnerability Assessment and Emergency Response Plan in Accordance with the Public Health Security and Bioterrorism Act of 2001. (Deferred from City Council Meeting held October 15, 2003.), was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 8298 be approved and adopted. Motion carried Communication from Bruce V. Malkenhorst, Director of. Finance, dated October 30, 2063, was presented, transmitting the Agenda for the Adjourned Finance Committee Meeting to be held on -November 4, 2003, for approval of the recommendations contained therein. It was moved by Davis, seconded by McCormick, that the recommendations on the Agenda for the Adjourned Finance Committee Meeting to beheld on November 4, 2003, be approved. Motion carried. RESOLUTION NO. 8304 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon and Bond Logistix LLC for Financial Advisory Services, was presented. It was moved by Gonzales,,seconded by Ybarra, that Resolution No. 8304 be.approved and adopted. Motion carried. RESOLUTION NO. 8305 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Engagement Letter Agreement By and Between the City of Vernon and Latham & Watkins, LLP for Legal Services,.was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 9305 be approved and adopted. Motion carried. RESOLUTION NO. 8306 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Retainer Agreement By and Between the City of Vernon and Albright, Yee & Schmit, LLP for Legal Services, was presented. It was moved by Ybarra,. seconded by Gonzales, that Resolution No. 8306 be approved and adopted. Motion carried. RESOLUTION N0..8309 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of. Vernon and the Law Firm. of Albright, Yee & Schmit, LLP for Management Employment Training, was presented. - It was moved by McCormick, seconded by Davis, that Resolution No. 8309 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 30, 2063, was presented, transmitting the Agenda for the Adjourned Personnel Committee Meeting to be held on November 4, 2003, for approval of the recommendations contained therein. Page 8 of 13 Regular City Council Meeting Minutes November 5, 2003 It was moved by Ybarra, seconded by Gonzales, that the recommendations on the Agenda.for the Adjourned Personnel Committee Meeting to be held on November 4, 2003,. be approved. Motion carried. Warrant Register No. 1125 covering claims and demands presented during the period of October 9, 2003 through October . 29, 2003, drawn on Wells Fargo Bank totaling $5,201,075.07, which includes demand nos. 212902- through;213234, (inclusive), which. includes the below listed demand nos., and also excluding Light &Power's demands and voided check no. 213034 (Accounting period November 2003). It was moved'by McCormick, 'seconded by Davis, that Warrant Register No. 1125 be approved and payment authorized for claims and demands totaling $5,201,075.07. Motion carried. Warrant Register No. 1125 covering claims and demands presented during the period of October 9, 2003 through October 29, 2003, drawn on Wells Fargo Bank totaling $6,291,006.71, which includes Light & Power's demands nos. as listed below: (Accounting period November 2003). 212903 212907 212911 212923 212926 212927 212929 212930 212963 212975 212976 212984 212996 213000 213002 213003 2i3011 213012 213024 213026 213027 213030 213031 213032 213044 213053 213057 213059 213060 213066 213070 213073 213085 213101 213118 213122 213123 213129 213142 213144 213159 213171 213174 213176 - 213178 213179 213191 213194 223200 223208 213229 213233 213234 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 1125 be approved and payment authorized for Light & Power's claims and demands totaling $6,291,006.71. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. The City Clerk asked that the following resolution be deferred from the agenda. RESOLUTION NO. 8310 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the,Execution of an Amendment to Agreements for City Attorney Services.. The Mayor called a short recess at 5:45 p.m. The City Council reconvened in regular session at 5:49 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.. 1. With respect to every item of business to be discussed in Closed Session pursuant to. Government Code Section 54957. Page 9 of 13 Regular City Council Meeting Minutes November 5, 2003 a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE b. EMPLOYEE PERFORMANCE EVALUATION It was moved by Gonzales, seconded by Davis, that the City Council go into closed session on Item No. 1, the time being 5:49 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, Acting City Attorney, Chief Deputy City Clerk, Director of Community Services and Water, and Utilityman III. The Mayor ordered all communications to and from closed session deemed privileged and confidential. The Utilityman III was excused at 5:55 p.m. The Director of Community Services and Water was excused at 5:59 p.m. -� It was moved by Davis, seconded by Ybarra, that the City Council go out. of closed session on Item No. 1, the time being 6:00 p.m. Motion carried. 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(s). The City Clerk advised that now was the time to go into closed session on Item Nos.-3 and 4. It was moved by Gonzales, seconded by McCormick, that the City Council go into closed session on Item Nos:. 3 and 4, the time being 6:01 p.m. Motion carried. All persons were excluded from closed session with the exception of the City Administrator/City Clerk, Acting City Attorney, and Chief Deputy City Clerk. 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; Page 10 of 13 Regular -City Council Meeting Minutes November 5, 2003 (c)- Vernon v. Regional Water Quality Control Board; Nos. A-1280, A1280(a) and A-1280(b); (d) Alameda. Corridor Transnnrtarinn ucy,oz vernon, etc.,, et al., LASC Case No. BC 238846 cons:. with City of Vernon v. Alameda Corridor Transn ' Auth., LASC Case No. BC 238841; (e) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98- 3760 (ISO); FERC,Docket No. EROO-2019-000 (ISO); FERC .Docket No. EROO-105 (Vernon); FERC Docket No. ERO1-313 h - (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. ELOO-95.-025/EL00-98-024 (SCE); FERC Docket No. ERO1-1579 (ISO); FERC Docket No. EL01-57-000 (Reliant Energy, eta. 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. ELOO-95 (SDG&E v. Sellera of Energy, et - al.) consolidated with FERC Docket No.ELOO-98; FERC Docket Nos. RTO1-82 (SDG&E), RTO1-83. (PG&E), RT01-85 (ISO) and RT01-92 (SCE); FERC Docket No. ELO1-84 (SRP v. ISO); City of Anaheim, at 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 (LSO); FERC Docket No, nL03-14 (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-obi; FERC Docket NO.ER03-310 (ISO); FERC Docket No. ER03-407 (ISO); FERC Docket No. EL03-54 (Anaheim,. et al, v. ISO) (f) TheBurlington Northern and Santa Fe Railway Company v. City of Vernon; USDC No. CV-00-12891 NM (AJWx).; (g) Sterling. Davis v. City of Vernon, et al.., USDC No. CV- 01-01602 DDP (AJWx); (h) 245633; - (i) 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); - (j) FERC Docket No. ELO1-34 (SCE, PG&E., SDG&E); (k) -Central and West Basin. Water Replenishment District etc..; v. Charles E. Adams, et al, LASC No. C 786656; (1) Department of Water Resources V. ACN Energy Inc. et al., Case No. 01ASO5497; - (m) FERC Docket No. ER02-4.55 (PG&E); FERC Docket Nos. E002-31, EL02-36 and CP02-38 (PG&E, et al.); (n) Winston Hayes v. Glenn Finley',. et al., USDC No. CV-02- 01247 DT (o) Jose N. Irias v. Vernon; LASC No. 02CO2359 (East District -Covina); (p) Aucensio Saucedo. Lopez v. Vernon; LASC No.;, 02CO0862 (H.P. District); Page 11 of 13 Regular City Council Meeting. Minutes November.5, 2003 (q) Vernon v. SoCalGas, E1 Paso Natural Gas, et al.., Case No. BC 265905; 1 (r) Jessica Rodriguez v. Vernon; WCAB Case No RIV 0056007; (s) Enron Power Marketin.2 Inc. V. Vernon; USBC Adversary Proceeding.No. 03-03131 (AJG);- (t) Robert.S. Sbradlin etc. v. Vernon; Norwalk Superior Court,No. VC 039280; (u) Jessica Rodriguez v. Vernon; LASC No. BC298890; (v) Lexington Insurance Company, v. Vernon; Norwalk Superior Court No. VC 040647; (w) - Vernon v. Scott Co., at al., LASC No. BC 300307; (x) CPUC No. 03-09-008 (SoCalGas BCAP); 4.. With respect to every item of business to be discussed in closed session pursuant to Government Code 54956.95. LIABILITY CLAIMS - - Claimant: GEORGE C. KIM, INDIVIDUALLY AND DEAKOREAN MAINTENANCECO. Agency Claimed Against: CITY OF VERNON Claimant: PACIFIC ARROW .EXPRESS, INC. Agency Claimed Against: CITY OF VERNON Claimant: J.H. PARRISH CONSTRUCTION Agency Claimed Against; CITY OF VERNON It was moved by McCormick, seconded by Ybarra, that the City Council go out of closed session and resume regular session, the time being 6:10 p.m. Motion carried. It was moved by Davis, seconded by Ybarra, that the discipline recommended by the Director of Community Services and Water for Utilityman III be approved as amended. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Settlement Agreement in the matter of Jose Irias v. City of Vernon, Case No. 02CO2359, be approved an Mayor by authorized. to execute the Agreement for and on behalf of the City. Motion carried. - It was moved by Ybarra, seconded by Gonzales, that the settlement in the matter of Robert S. Spradlin, et al. v. City of Vernon, et al.; LASC Case No. VC039280 be approved. Motion - carried. - It was moved by Ybarra, seconded by Davis, that the Liability.Claim from George C. Kim, Individually and dba Korean Maintenance Co., be rejected. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Liability Claim from Pacific Arrow Express, Inc., be rejected. Motion carried. - - - It .was moved by McCormick, seconded by Ybarra, that the Liability Claim from J.H. Parrish Construction, be rejected. Motion carried. - Page 12 of 13 Regular City Council Meeting Minutes November 5, 2003 It was moved by Gonzales, seconded by Davis, that the City's legal counsel be authorized to utilize the services of Data Chasers, Inc.: Motion carried. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn, the time being 6:18 p.m. Motion carried. ATTEST: Bruce-V. Malkenhorst City Clerk /(L'�/ Leonis C. Ma urg Mayor Page 13 of 13