20031119 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
NOVEMBER. 19, 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 November 5,
2003, be approved and adopted as submitted. Motion carried.
Police Department Activity Log for the period
November 1 through 15, 2003, was presented.
It was moved by Davis, seconded by McCormick, that the
Police Department Activity Log.for the period November 1 through
15, 2003, be received and filed. Motion carried.
Fire Department Activity Report for the period
November 1 through 15, 2003, was presented.
It was moved by Gonzales, seconded by Ybarra, that the
Fire Department Activity Report for the period November-1
through 15, 2003, be received and filed. Motion carried.
Risk Management Report for the month of October 2003,
was presented.
It was moved by Ybarra, seconded by McCormick, that
the Risk Management Report for the month of October 2003, be
received and filed. Motion carried.
Health Department Report for the month of October
2003, was presented.
It was moved by Davis, seconded by Gonzales, that the
Health Department Report for the month of October 2003, be ..
received and filed. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 13, 2003, was
presented, advising that after further review of the Federal
Grants Program applied for by the Fire Department, it was
necessary to update the City's. Equal Employee Opportunity
Program (EEOP).. It has now been completed and it is hereby
recommended that the-City's ESOP be approved and adopted.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from 'the City Administrator/City
Clerk, dated November 13, 2003, be received and filed and his
recommendation be approved. -motion carried.
RESOLUTION NO. 8321 - A Resolution of the City Council
of the City of Vernon Approving and Adopting a City of Vernon
Equal Employment Opportunity Plan, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8321 be approved and adopted. Motion carried.
Regular. City Council Meeting Minutes
November 19, 2003
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 10, 2003, was
presented, advising that the below listed employees qualified in
the month of October 2003 for a Perfect Attendance Award. This
is awarded to employees on the basis of a minimum of two (2)
years of perfect attendance:
10/02/00
Alla Berlin
Finance Support Analyst
3
10/19/92
Abraham. Alemu
Resource Engineer
11
09/18/89
David Shea
Fire Engineer
12
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.
-
11/02/92.
Daniel Armellini
Fire Captain
2
11/15/93
Michael Docherty
Police Officer
2
01/12/89
Inez Aragon
Police Officer
3
10/02/00
Salvador Ramos
Police Officer
3
01/03/95
Shirley Salas
Account Clerk
3
10/23/00
Marianne Vazquez
Records Clerk
3
10/11/98
Elizabeth Negrete
Senior Account Clerk
4
10/11/99
-Miguel Zendejas
Police Officer -
4
06/08/98
Alexandra Ronquillo
Police Dispatcher
5
10/13/97
Richard Hill
Police Officer
6
01/07/91
Christopher Hanson
Fire Engineer
7
01/07/91
Jason Haugen
Firefighter
'7
05/12/80
Joe Jimenez
Systems Coordinator II
8
11/16/87
Martha Parra
Records Clerk
8
03/18/84
Michael DeFrank
Project Engineer
9
10/16/94
Armando Hinojos
Systems Coordinator I -
9
12/04/89
Deborah Medina
Administrative Associate
9
10/01/87
Jerry Schreiber
Senior Electrical
Inspector
16
The
Mayor called a short
recess at 5:10 p.m.
The
City Council reconvened in regular session at 5:13
p.m., all members present before the recess again being present..
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated October 30, 2003, was presented,
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:
• FY01 State Domestic Preparedness Equipment Program-
2002-88, OES #037-00000
• FY02 State Domestic Preparedness Grant Program-2002-
133, OES #037-00000
Page 2 of 13
Regular City Council Meeting Minutes
November 19, 2003
• FY03 State Homeland Security Grant Program-2003-167,
OES #037-00000
• PY03 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.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated October.30, 2003, bereceivedand filed andhis
recommendation be approved.. Motion carried.
RESOLUTION NO. 8302 -.A Resolution of the City Council
of the City of Vernon ApprovingandRatifying the Electronic
Filing of Two 2003 State Homeland Security Grants, One 2001
State Domestic Preparedness Equipment Grant and One 2002 State
Domestic Preparedness Grant by the Vernon Fire Department, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8302be -approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 12, 2003, was .
presented,advising that in accordance with the City's Record -
Retention Schedule, records on the attached lists are ready for
destruction. This has been reviewed.by the Acting -CityAttorney
and it is hereby recommended that the destruction of said
records be approved and a -resolution adopted authorizing the
same'.
It was moved by Gonzales, seconded by Ybarra, that the
aforementionedcommunicationfrom the City Administrator/City
Clerk, dated November 12, 2003, be received and filed and his
recommendation be approved. Motion carried.
The Mayor inquired if these were records from any
specific departments? .
The City Clerk stated that they were documents from
the City Clerk's office as well as the Finance -Department and
the Customer Service office of the Light & Power Department.
RESOLUTION NO. 8317 - A Resolution of the City Council
of the City of Vernon Authorizing the Destruction of Certain
City Records, Documents, Instructions, Books and Papers,
Pursuant to Government Code Section 34090, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 8308 be approvedand adopted.. Motion carried.
Communication from Kevin Wilson, Director of
Community Services and Water, dated November 12, 2003, was
presented, advising that Contract No. 538, Various Streets
Improvement, has been completed.
Page 3 of 13
Regular City Council Meeting Minutes
November 19, 2003 -
The total contract amount, including Change Orders 1, 2, and 3
is $1,129,577.54. The remaining ten percent (10&) of the .total
contract amount, or the sum of $112,957.75, is payable thirty-
five days after acceptance of the work, except such amounts as
are required by law to be withheld by properly executed and
filed notices -to stop payment, or as may be authorized by the
contract to be further retained.
It is hereby recommended that the work be accepted and that
authority be granted to pay the contractor, Sully Miller
Contracting Company, in accordance with the agreement,.
It was moved by Ybarra, seconded by Davis., that the
aforementioned communication from the Director of Community
Services and Water, dated November 12, 2003, be received and
filed and his recommendation be approved. Motion carried.
RESOLUTION NO. 8313 - A Resolution of the City,Council
of the City of Vernon Accepting the Work of Sully Miller
Contracting Company in Accordance with Contract No. 538 of the
City of Vernon, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8313 be approved and adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water, dated November 12, 2003, was presented,
transmitting a Grant of Easement from the City of Vernon to the
Burlington Northern and Santa Fe Railway (BNSF) for
approximately 301 square feet of property located on the west
side of Downey Road, approximately 510 feet south of the
centerline of Washington Boulevard in the City of Vernon. The
property is for a railway signal and footing.
It is recommended that the Grant of Easement be approved, and
the Mayor and City Clerk be authorized to sign. -
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication from the Director of Community
Services and Water, dated November 12, 2003, be received and
filed and his recommendation be approved. Motion carried.
Communication from Kevin Wilson, Director of .Community
Services and Water, dated November 12, 2003, was presented,
transmitting for consideration, Contract No. 568, Civic Center
Yard Improvements, and recommending that the contract be
approved and authority be granted to advertise for bids.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the Director of Community
Services and Water, dated November 12, 2003, be received and
filed and his recommendation be approved. Motion carried.
RESOLUTION NO. 8311 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 568 for Civic
Center Yard Improvements and Authorizing Notice Inviting Sealed
Proposals or Bids in Accordance Therewith, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No.. 8311 be approved and adopted. Motion carried:
Page 4 of 13
Regular City Council Meeting Minutes
November 19, 2003.
Communication from Kevin Wilson, Director of Community
Services and Water, dated November 12, 2003, was presented,
transmitting for consideration, Contract No. 572, City Housing
Roof Replacements, and recommending that the contract be
approved and authority be granted to advertise for bids.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the Director of Community
Services and Water, dated November 12, 2003, be received and
filed and his recommendation be approved. .Motion carried.
RESOLUTION NO. 8312 - A Resolution of the City Council
of the City of Vernon Approving Contract No. 572 for City
Housing Roof Replacements and Authorizing Notice Inviting Sealed
Proposals or Bids in Accordance Therewith, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No.. 8312 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 13, 2003, was
presented, advising that on October 1, 2003, this legislative
body approved a Resolution No. 8288, inviting sealed proposals
or bids for the purchase of two (2) TVI 3-Line Decontamination
Shelter Systems for the Fire Department. On October 30, 2003,
the Purchasing Section received and openedthe following bids:
• Fisher Safety $ 58,298.33
• TVI Corporation $ 60,334.32
This has been reviewed by the Fire Department and the Purchasing
Section, It is hereby recommended that Bid No.. 1430 be awarded
to Fisher Scientific Company L.C.C. (Fisher Safety); an
equipment purchase contract be prepared, and a purchase order be
issued for the purchase of two (2) TVI 3-Line Decontamination
Shelter Systems at an approximate cost of $58,298&.33.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated November 13, 2003, be received and filed and his
recommendation be approved. Motion carried.
-' RESOLUTION NO. 8318 - A Resolution of the City Council
of the City of Vernon Accepting .the Bid of Fisher Scientific
Company L.L.C. on Bid No. 1430 for the Purchase of Two TVI 3-
Line Decontamination Shelter Systems for the Fire Department and
Approving and Authorizing the Execution of an Equipment Purchase
Contract and the Issuance of a Purchase Order Respecting Said
Bid, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8318 be approved and adopted. Motion carried..
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 13, 2003, was
presented, advising that on October 1, 2003, this legislative
body approved Resolution No. 8287, inviting sealed proposals or
bids for the purchase of nineteen (19) Padmounted Transformers
for the Light & Power Department. On November 4, 2003, the
Purchasing Section received and opened the following bids:
Page 5 of 13
Regular City Council Meeting Minutes
November 19, 2003
• EHMCO
$124,921,00
• ABE, Inc.
$186,809.00
• Cooper Power
$188,206.00
• Pauwels Transformers
$196,086.00
• Howard Transformers
$202,259.00
• General Electric Co...
$233,780.63
This has been reviewed by the Light & Power Department and it is
hereby recommended that Bid No. 1429 be awarded to the below
listed vendors, two equipment purchase contracts be prepared,
and two purchase orders be issued for the purchase of the
following transformers at the stated amounts:
• ABE Inc.
QuantityINA Total Amount
3 Soo
1 150
3 300
3 1000
2 2500
$97,099.00
• Pauwels Transformers c/o Pacific Utilities Supply Co.
Quantity INA Total Amount
2 750
1 500
3 750
1 3750
$79,954.00
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Administrator/City
Clerk, dated November 13, 2003, be received and filed and his
recommendation be approved. Motion carried,
RESOLUTION NO. 8319 - A Resolution of the City Council
of the City of Vernon Accepting the Bids of ABB, Inc. and
Pauwels Transformers, Inc. c/o Pacific Utilities Supply Company
on Bid No. 1429 for the Purchase of Padmounted Distribution
Transformers for the Light and Power Department. and Approving
and Authorizing the Execution of Equipment Purchase Contracts
and the Issuance of Purchase Orders Respecting Said Bids, was
presented.
It was moved by McCormick, seconded by Davis, that
.Resolution No. 8319 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 13, 2003,.was
presented, advisingthatat this time it is necessary that
Contract No. 565, Seville Avenue Sewer, awarded to Cody
Engineering, Inc.., be terminated. The contractor delayed the
project and is now requesting an increase on the contract due to
increased costa over the last year. After review of'such
request, the Director of Community Services & Water has
concluded that the increased cost is not justifiable, the
contract should be terminated, and the project should be re -bid.
This has been reviewed by the Acting City Attorney. It is
hereby recommended that the City pay the contractor $6,852.00
for costs incurred and that the contract with Cody Engineering,
Inc. be terminated.
Page 6 of 13
Regular City Council Meeting Minutes
November 19, 2003
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated November 13, 2003, be received and filed and his
recommendation be approved. Motion carried.
Kevin Wilson, Director of Community Services and
Water, addressed the City Council and briefly summarized this
matter.
RESOLUTION NO. 8316 - A_Resolution of the City Council
of the City of Vernon Terminating Contract No. 565 for Seville
Avenue Sewer Main Replacement awarded to Cody Engineering, Inc.
by the City Pursuant to Resolution No. 8088, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8316 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 13, 2003, was
presented, advising that the heating and ventilation system on
the second floor of City Hall is in need of repairs.The
existing mixing boxes, which are approximately twenty-eight (28)
years old, are not opening and closing properly and the motors
need to be replaced to provide energy efficiencies and cost
savings.
This has been reviewed by the Director of Community Services and
Water and it is hereby recommended that authorization be granted
to his department to issue Request for Proposals from qualified
contractors to perform such work.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Administrator/City
Clerk, dated November 13, 2003, be received and filed and his
recommendation be approved. Motion carried.
RESOLUTION NO. 8320 - A Resolution of the City Council
of the City of Vernon Authorizing the Issuance of Requestfor
Proposals from Qualified Contractors to Renovate City Hall
Heating and Ventilation Systems, was presented.
It was moved by McCormick, seconded by Gonzales, .that
Resolution No.. 8320 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 13, 2003, was
presented, advising that RMIUS Electrical System has requested
that the City release them from providing services under the
Renewal Agreement and cease performance on December 1, 2003.
Staff of the Light, & Power Department has reviewed this and is
recommending we allow RMIUS to stop providing the services it
was obligated to provide under the Renewal Agreement, but that
we retain rights that may have accrued to the City under the
Renewal Agreement prior to that date.
This has been reviewed by the Acting City Attorney and it is
hereby recommended that RMIUS be allowed to cease services under
theRenewalAgreement after November 30, 2003.
Page 7 of 13
Regular City Council Meeting Minutes
November 19, 2003
It was. moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Administrator/City
Clerk, dated November 13, 2003,1be received and filed and his
recommendation be approved. Motion carried.
RESOLUTION NO. 8315 -A Resolution of the City Council
of the City of Vernon Regarding !the Cessation of Services of RMI
Utility ServicesPursuantto the Electric System Maintenance
Agreement between RMI Utility Services and the City of Vernon,
.wasp presented.
It was moved by McCorry�ick, seconded byDavis, that
Resolution No. 8315 be approvedland adopted. Motion carried.
Communication from Kevin Wilson, Director of Community
Services and Water,_ dated November 3, 2003, was presented,
requesting authority and funds or Fiber Optic & Traffic Systems
Manager Ali Noux to attend the `,Municipal Broadband Seminar" at
Los Angeles on November 20 and 21, 2003, with an expense
allowance of $889.00.
It was moved. by Davis; seconded by Gonzales, that
authority and funds be approvedlfor Ali Nourto attend the
aforementioned seminar with an 4xpense allowance of$889.00.
Motion carried.
i
Communication from Bruce'V. Malkenhorst, City
Administrator/City Clerk, datedlNovember 4, 2003, was presented,
requesting authority and funds {or the below listed personnel to
attend.the "Health Insurance Portability & Accountability Act
for California Employers Seminars" at Los Angeles on January 28,
2004, with an expense allowanceiof $621,40 for both.
• Cindy calzada, secretary
• Karina Rueda, Utility Clerk
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approvedlfor the above listed personnel
toattend the aforementioned seminar with an expense allowance
of $621.40 for both. Motion carried.
Communication from Br ce V. Malkenhorst, City
Administrator/City Clerk; dated�November 4, 2003, was presented,_
recommending ratification of Senior Substation Technician
Matthew Daniels attending the "stationary Battery Basics
Seminar" at Irvine on November 118 and 19, 2003, with an expense
,allowance of $840.60. _
It was moved by Davis,! seconded by Gonzales, that
Senior Substation Technician Matthew Daniels' attendance to the
aforementioned seminar with an expense allowance of $840.60 be
ratified. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated November 13, 20031, was presented, transmitting
the Agenda for the Adjourned Regiular Finance Committee Meeting
to be held on November 19, 2003,1 for approval of the
recommendations contained therein.
Page 8 of 13
Regular City Council Meeting Minutes
November 19, 2003
It was moved by Gonzales., seconded by Davis, that the
recommendations on the Agenda for the.Adjourned Regular Finance
Committee Meeting held on November 19, 2003, be approved.
Motion carried.
.RESOLUTION NO: 8314 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
. an Electric System Maintenance Agreement By and Between the City
-. of Vernon and Petrelli Electric, Inc., was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8314 be approved and adopted. Motion carried.
RESOLUTION NO. 8322 - A Resolution of the City Council
of the City of Vernon Authorizing the Purchase of Three 2004
Chevrolet Trailblazers for the Community Services & Water
Department by Joining on the State of California, Department of
General Services, Procurement Division, Contract No. 1-04-23-20
Awarded to Coalinga Motors, Inc., was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No, 8322 be approved and adopted. Motion carried.
Kenneth DeDario, Director of Light & Power, addressed
the City Council and briefly discussed the following resolution.
RESOLUTION NO.. 8323 - A Resolution of the City Council
of the City of Vernon Repealing Resolution No. 6868, as Amended
by Resolution No. 7647, Regarding Power Resource Cost Reduction
Account, was presented. ..
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8323be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated November 13, 2003, was presented, transmitting
the Agenda for the Regular Personnel Committee Meeting to be
held on November 19,-2003,.for approval of the recommendations
contained therein. -
It was moved by Ybarra, seconded by Gonzales, that the
recommendations on the Agenda for the Regular Personnel
Committee Meeting held on November 19, 2003, be approved.
Motion carried. -
The,City Clerk stated that information on warrant
register 1126 incorrectly states that demands were drawn on
Wells Fargo Bank however the city is in the tranaitioning period
of changing to Bank of America and the demands paid through
Warrant Register 1126 (only) were in fact paid through Bank of
America.
Warrant Register No. 1126 covering claims and demands-
- presented during the period of October 30, 2003 through November
12, 2003, drawn on Wells FargoBank-totaling $915,872.61, which
includes demand nos. 213235 through 213450, (inclusive), which
includes the below listed demand nos,, and also excluding Light
& Power's demands and voided check nos.: (Accounting period
November 2003).
Page 9 0£ 13
Regular City Council Meeting Minutes
November 19, 2003
213291 213294 213295
It was moved by,Ybarra, seconded by Gonzales, to
acknowledge that Bank of Americaisthe correct financial
institution and that Warrant Register No. 1126 be approved and
payment authorized for claims and demands totaling $915,872.61
Motion carried.
Warrant Register No.1126 covering claims and demands
presented during the period of October 30, 2003 through November
12, 2003, drawn on Wells Fargo Bank totaling $864,791.90, which
includes Light & Power's demands nos. as listed below:
(Accounting period November 2003).,
213239 213243 213244 213252 213253 213262
2132B0 213285 213289 213293 213301 213304
213311 213314 213317 213320 213321 213327
213328 213331 213336 213341 213356 213369
213373 213374 213393 213411 213414 213418
213419 213420 213438 213448
It was moved by Ybarra, seconded by Gonzales, to
acknowledge that Bank of America is the correct financial
institution and that that Warrant Register No.1126 be approved
and payment authorized for Light & Power's claims .and demands
totaling $864,791.90. Motion carried. Councilman Davis
abstained fromvoting and disqualified himself because it is
reasonably foreseeable that the decision may have a material
financial effect on his source of income.
Payroll Warrant Register No. 569 covering claims and
demands presented during the period of September 7, 2003 through
October 18, 2003, drawn on Wells Fargo Bank totaling
$2,891,616.05, which includes demand nos. 8308 through 8351
(inclusive). (Accounting Period: October 2003).
It was moved by McCormick, seconded by Gonzales, that
Payroll Warrant Register No. -569 be approved and payment
authorized for claims and demands totaling $2,651,616.05,
Motion.carried.
The Mayor called a short recess at 5:48 P.M.
The City Council reconvened in regular session at 5:54
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.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
b. EMPLOYEE PERFORMANCE EVALUATION
It was moved by Davis, seconded by McCormick, that the
City Council go into closed session on Item No. 1, the time
being 5:54 p.m. Motion carried.
Page 10 of 13
Regular City Council Meeting Minutes
November 19, 2003
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, Acting City
Attorney, Chief Deputy City Clerk, Chief of Police, Police
Captain, and Police Officer.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
The Police Officer was excused at 5:57 p.m.
The Chief of Police and Police Captain were excused at
6:00 p.m.
It was moved by.Gonzales, seconded by Davis, 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, 4, and 5.
-It was moved by McCormick, seconded by Davis, that the
City Council go into closed session on Item Nos. 3, 4, and 5,
the time being 6:00 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, at al, v. City of Vernon, LASC No. BC
207136;
(c) Vernon v. Regional Water Quality Control Board; Nos.
A-1280, A1280-(a) and A-1280(b);
(d) Alameda Corridor Transportation Authority, etc. v.
City of Vernon, etc., at al., LASC Case No. BC 238846
cons. with City of Vernon v. Alameda Corridor Transp:.
Auth., LASC Case No. BC 238841;
Page 11 of 13
Regular City Council Meeting Minutes
November 19, 2003
(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. BRO1-313
(ISO); FERC Docket Nos. EL00-95-022/E1,00-98-021
(SDG&E); FERC Docket Nos. ELOO-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, ELO1-57-000 (Reliant Energy, etc. et al.. v. ISO);
FERC Docket No. SLO1-75 (Vernon v. ISO); USCA No. 01-
1187 (consolidated with 01-1190) (PG&E V. FERC); FERC
Docket No. ELOO-95 (SDG&E v. Sellers of Energy, et
al.) consolidated with FERC Docket No, EL00-98; FERC
Docket Nos, RTO1-82 (SDG&E), RTO1-83 (PG&E), RT01-85
(ISO) and RT01792 (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 TRSA); 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) -
(f) The Burlington 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) Cities of Arcadia, et al. v. The California Regional
Water Quality Control Board, etc., et al., LASC No BC
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. ELO1-37 (SRP & SMUD v. PX);
(j) FERC Docket No..EL01-34 (SCE, PG&E, SDG&E);
(k) Central and West. Basin Water Replenishment District,
etc., v. Charles E. Adams, et al, LASC No:.0 786656;
(1) Department of Water Resources v. ACN Energy, Inc.. et
"al., Case No. 01ASO5497;
(m) FERC Docket No. ER02-455 (PG&E); FERC Docket Nos.
ECO2-31, EL02-36 and CP02-38 (PG&E, et al,);
(n) Winston Hayes v. Glenn Finley, et al., USDC No. CV-02-
3-247 DT -
(o) Aucensio Saucedo Lopez v. Vernon; LASC No. 02CO0862
(H.P. District);
(p) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case
No. BC 265905; _
(q) Jessica Rodriguez v. Vernon; WCAB Case No. RIV
0056007;
(r) Enron Power Marketing Inc.. v. Vernon; USBC Adversary.
Proceeding No. 03-03131 (AJG);
(s) Robert. S. Spradlin, etc; v. Vernon; Norwalk Superior
Court No. VC 039280;
(t) Jessica Rodriguez v. Vernon.; LASC No. BC298890;
Page 12 of 13 -
Regular City Council Meeting Minutes
November 19, 2003
(u) Lexington Insurance Company v. Vernon; Norwalk
Superior Court No. VC 040647;
(v) Vernon v. Scott Co., et al., LASC No. BC 300307;
(w) CPUC No. 03-09-008 (SOCalGas BCAP);
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: Two (2) potential cases.
5. 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 McCormick, 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 Ybarra, seconded by Gonzales, that the
Police Officer be disciplined as recommended by the Chief of
Police for Police Officer be approved as amended. Motion
carried. - It was moved by Davis, seconded by McCormick, that
Legal Counsel for the City of Vernon be authorized to initiate
litigation against ex -City employees Carlton and Prietto for
breach of their employment agreements.. motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
investigation related to the Project Engineer be suspended at this
time. 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 being6:13 p.m.
Motion carried. -
ATTEST:
Bruce V. Malkenhorst
City Clerk.
Leonia C. Malbu
Mayor
Page 13 of 13