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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