20031203 Regular City Council Meeting - Minutes0
MINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
DECEMBER 3, 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 Ybarra, seconded by Davis, that the
Minutes of the Regular City Council Meeting held November 19,
2003, be approved and adopted as submitted. Motion carried.
The Mayor presented Service Pins to the following
employees and extended congratulations on behalf of the entire
City Council..
Audra Hunter Administrative Associate 15 years
James Rodino Lieutenant 20 years
.The following employees were unable to attend the
meeting and their service pins were accepted by their respective
department heads.. .
Victor Ontiveros - Police Officer 5 years
Vipul Patel Information Technology Analyst 5 years
Ana Quinones Police Officer 5 years
Michael Docherty Police officer _ 10 years
Wilfredo Lopez Utilityman IV 15 years
Police Department Activity Log for the period November
16 through 30, 2003, was presented. _
It was moved by Gonzales, seconded by McCormick, that
the Police Department Activity Log for the period November 16
through 30, 2003, be received and filed. Motion carried.
Fire Department Activity Report for the period
November 16 through 30, 2003, was presented.
It was moved by Ybarra, seconded by Davis, that the, -
Fire Department Activity Report for the period November 16
through 30, 2003, be received and filed. Motion carried.
The City Clerk announced that now was the time for
anyone in the audience who wished to address the City Council on
any item on the agenda other than with regard to any public
hearings that may be listed.
The Mayor asked if there was anyone in the audience
who wished to addresstheCouncil at this time.
There was no one in the audience who wished to address
the Council,
The City Clerk advised that it was time to open the
public hearing to consider evidence to establish Vernon's new
Transmission Revenue Balancing Account.Adjustment for its high
voltage (over 200 kV).transmission facilities and entitlements
(all located outside the City) pursuant to Vernon's Transmission
Owner Tariff.
Regular City Council Meeting Minutes
December -3,2003
It was moved by Gonzales, seconded by Ybarra, to open
the public hearing the time being 5:05 p.m. Motion carried.
Ken DeDario, Director of Light &,Power addressed the
City Council and briefly summarized this matter.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 25, 2003, was
presented, advising that on December 4, 2002, this legislative
body approved the TransmissionRevenue-Balancing Account
Adjustment (TRBAA) to be effective January 1, 2003. At this
time it is necessary to recalculate the TRBAA to be consistent
with the Transmission owner Tariff (TO) and to be in accordance
with the FERC. Appendix I to the TO Tariff also requires
approval and states that the .Vernon Base Transmission Revenue
Requirement is $10,216,178.00 and that the TRBAA will be a
negative $225,814.00 for the 12-month period effective January
1, 2004. '
This has been reviewed by the Director of Light & Power and the
Acting City Attorney. It is hereby recommended that the TRBAA
and Appendix.I to the TO Tariff be approved effective January 1,
2004.
The Mayor asked if there was anyone in the audience
who wished to address the Council on this matter.
Councilman Gonzales asked if this affects our
customers?
Mr. DeDario answered, no.
It was moved by Davis, seconded by McCormick, to close
the public hearing the time being 5:10 p.m. Motion carried.
It was moved by Gonzales, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated November 25, 2003, and any and
all supporting documents submitted as evidence during,the public
hearing be received and filed. Motion carried.
RESOLUTION NO. 8327 - A Resolution of the City Council
of -the City of Vernon Establishing the Transmission Revenue
Balancing Account Adjustment in Accordance with Vernon's
Transmission Owner Tariff and Providing for Tariff Sheet Changes
to Implement the Adjustment, was presented.
It was moved.by Gonzales, seconded by Davis, that
Resolution No. 8327 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 25, 2003, was
presented, advising that on November 18, 2003, the Purchasing
Section received and opened the following bids for the purchase
of a SF6 Gas Vault Switch, in accordance with Resolution No.
820G:
• G & W Electric Company c/o Banes Associate $30,990.00
• G & W Vault SF6 Switches $31,887.00
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Regular City Council Meeting Minutes
December 3, 2003
This has been reviewed by the Light & Power Department and the
Purchasing Section. It is hereby recommended that'Bid No. 1431
be awarded to G & W Electric Company for the purchase of a SF6
Gas Vault Switch at an approximate cost of $30,990,00 and
authorization be given to the City Attorney's Office to prepare
the necessary equipment purchase contract for execution.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated November 25, 2003, be received
and filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8331 - A Resolution.of the City Council
of the City of Vernon Accepting the Bid of G & W Electric
Company on Bid No. 1431 for the Purchase of a Gas Vault Switch
for the Light & Power Department, Approving a Form of an
Equipment Purchase Contract and Authorizing the Execution of
Said Contract and the Issuance of a Purchase Order Respecting
Said Bid, was presented. -
It was moved by Davis, seconded by Gonzales, that
Resolution No. 8331 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 25, 2003, was
presented, recommending that the Fire Department be authorized
to submit the application(s) for the 2004 Department of. Homeland
Security Grants to purchase authorized fire equipment,.
contingent upon full review of the grant requirements of local
agencies. This has been reviewed by the Fire Chief and the City
Attorney.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk; dated November 25, 2003, be received
and filed and his recommendation approved. Motion carried.
RESOLUTION,NO. 8325 A Resolution of the City Council
of the City of Vernon Authorizing the Fire Department to Proceed
with Application(s) for 2004 Department of Homeland Security
Grants, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 8325 be approved and adopted.. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 25, 2003, was
presented, advising that in accordance with Contract No. 586,
Hollydale Recycled Water Pump Station Proposal, the following
bids were received and opened. November 18, 2003, and thereafter
submitted to the Community Services and Water Department for
review and recommendation:
• Schuler Engineering Corp. $ 975,650.00
Pascal -& Ludwig Constructors $ 995,300.00
• Sawyer Consulting Inc. $1,122,000.00
• CDM Constructions Inc. _ $1,294,000.00
• Griffith Company $1,214,000.00
• Turboflo engineers L.P. $1,013,000.00
Page 3 of 9
Regular City Council Meeting Minutes
December 3, 2003
It was moved by Ybarra, seconded by Gonzales, ,that the
aforementioned communication from the City Administrator/City
Clerk, dated November 25, 2003, be received and filetl. Motion
carried.
Communication from Bruce Olson, Chief of Police, dated
November 4, 2003, was presented, requesting authority and funds
for Lieutenant James Rodino to attend the "Polygraph Work
Conference" at San Diego on December 15 through 19, 2003, with
an expense allowance of $1,407,05.
It was moved by McCormick, seconded by Davis, that
authority and funds be approved for Lt.. James Rodino to attend
the aforementioned conference with an expense allowance of
$1,407.05. Motion carried. -
Communication from Bruce Olson, Chief of Police, dated
November 5, 2003, was presented, requesting authority and funds
for the below listed Police Officers to attend the "Driving
Under the Influence Seminar" at Laguna Hills on January 12
through 16, 2004, with an expense allowance of $1,082.20 each.
• Ignacio Estrada
• Gustavo Herrera
it was moved by Davis, seconded by Ybarra, that
authority and funds be approved for the above listed Police
Officers to attend the aforementioned seminar with an expense
allowance of $1,082.20 each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 25, 2003, was
presented, requesting authority and funds .for Risk
Manager/Personnel Assistant Joan Francone to attend the "Public
Agency Risk Managers Association Conference" at Monterey on
February 10 through 12, 2004, with an expense allowance -of
$1,269.90.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for Joan Francone to attend the
aforementioned conference with an expense allowance of
$1,269.90. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated November 25, 2003, was
presented, requesting authority and funds for Deputy City Clerk
Gloria Molleda to attend the "National Notary Association
Seminar" at Long Beach on December 4, 2003, with an.expense
allowance of $221.36.
It was moved by Gonzales, seconded by Davis, that
authority and funds be approved for Gloria Molleda to attend the
aforementioned seminar with an expense allowance of $221.36.,
Motion carried.
.RESOLUTION NO. 8328 - A Resolution of the City Council
of the City of Vernon, California, Calling and Giving Notice of
the Holding of a General Municipal Election to be Held on
Tuesday, April 13, 2004, for the Election of Certain Officers as
Required by the Provisions of the.Charter of the City of Vernon,
was presented.
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Regular City Council Meeting Minutes
December 3, 2003
It was moved by .Ybarra, seconded by McCormick, that
Resolution No.. 8328 be approved and adopted. Motion carried.
RESOLUTION NO. 8329 - A Resolution of the City Council
of the City of Vernon, California,. Adopting Regulations for
Candidates for Elective Office Pertaining to Candidate.
Statements Submitted to the Voters at an Election to be Held on
Tuesday, April 13, 2004, was presented.,
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 8329 be .approved and adopted. Motion carried.
RESOLUTION NO. 8330 - A Resolution of the City Council
of the City of Vernon, California, Requesting the Board of
Supervisors of the County of Los Angeles to Render Specified
Services to the City Relating totheConduct of a General
Municipal Election to be Held on Tuesday, April 13, 2004, was -
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No.: 8330 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated November 26, 2003 was presented, transmitting
the Minutes of.the Adjourned Regular Finance Committee Meeting
held on November 25, 2003, for approval of the recommendations
contained therein.
It was moved by Davis, seconded by Gonzales, that the
recommendations on the Minutes of the Adjourned Regular Finance
Committee Meeting held on November 25, 2003, be approved.
Motion carried.
RESOLUTION NO. 8310 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing Notice Inviting
Sealed Proposals or Bids for the Purchase. of Padmount Switches
for the Light & Power Department, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 8310 be approved and adopted. Motion carried.
RESOLUTION NO:. 8324 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing Notice Inviting
Sealed Proposals or Bids for the Purchase of Overhead
Distribution Transformers for the Light & Power Department, was
presented. -
It was moved by Ybarra, seconded by Davis, that
Resolution No. 8324 be approved and adopted. Motion carried.
RESOLUTION NO. 8326 - A Resolution of the City Council
of the City of Vernon Appointing Representative to Represent the
City of Vernon on the Board of Directors of. the Southern
California Public Power Authority, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8326 be approved and adopted. Motion carried.
Page 5 of 9
Regular City Council Meeting Minutes
December 3, 2003
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated November 26, 2003, was presented, transmitting_
the Agenda for the Adjourned Regular Personnel Committee Meeting
to be held on December 3, 2003, for approval of the
recommendations contained therein. -
It was moved by Gonzales, seconded by Davis, that the
recommendations on the Agenda for the Adjourned Regular
._ Personnel Committee Meeting to be held on December 3, 2003, be
approved. Motion carried.
Warrant Register No. 1127 covering claims and demands
presented during the period of November 13, 2003 through
November 26, 2003, drawn on Bank of America totaling
$673,909.25, which includes demand nos. 213451through 213680,
(inclusive), and also excluding Light & Power's demands
(Accounting period December 2003).
It was moved by Ybarra, seconded by Davis, that
Warrant Register No. 1127 be approved and payment authorized for
claims and demands totaling $673 ,909.25._ Motion carried.
Warrant Register No. 1127 covering claims and demands
presented during theperiod of November 13, 2003 through
November 26, 2003, drawn on Bank of America totaling
$5,775,564.82, which includes Light & Power's demands nos. as
listed below (Accounting period December 2003):
213451 213456
213460
213463 213464 213471
213481 213482
213483
213485 213488- 213495
213503 213507
213511
213512 213514 213521
213528 213538
213540
213542 213543 213553
213559 213567
213568
213569 213577 223578
213580 213590 .
213599
213602 213613 213617
213622. 213628
213629
213635 213638 213649
213660 213661
213667
213679 213680
It was moved
by McCormick.,
seconded by Gonzales, that
Warrant Register No. 1127 be approved and payment authorized for
Light & Power's .claims
and demands
totaling $5,775,564.B2.
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 Mayor called a short recess at 5:25 P.M.
The City Council reconvened in regular session at 5:28
p.m., all members present before therecess 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
Page 6 of 9
Regular City Council Meeting Minutes
December 3, 2003
It was moved by Ybarra, seconded by Davis, that the
City Council go into closed session on Item No.. 1, the time
being 5:28. 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, Chief of Police, Police
Captain, Assistant to the Chief Deputy City Clerk and Academy.
Cadet.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential,
.The Academy Cadet was excused at 5-:34 p.m.
The Chief of Police and Police Captain were excused at
5:40 P.M.
It was moved by Davis., seconded by McCormick, that the
City Council go out of closed session on Item No. 1, the time
being 5:40 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 Davis, that the
City Councilgointo closed session on Item Nos. 3 and 4, the
time being 5:41 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 andtheAssistant to the 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 Noe. ER97-2355, BC 96-19-000 and ER96-1663
(Restructuring);
(b) David Venegas, et 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);
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Regular City Council Meeting Minutes
December 3, 2003
(d) Alameda Corridor Transportation Authority, to. v. cityof
Vernon, etc., et al., LASC Case No. BC 238846 cone. with City of
Vernon v. Alameda Corridor Transp Auth LASC Case No. BC
238B41;
(e) FERC Docket No. ER98-3594 (ISO), FERC Docket No. ER98-3760 (ISO);
FERC Docket No. EROO-2019-000 (ISO); FSRC Docket No. EROO-105
(Vernon); FERC Docket No. ERO1-313 (ISO); FERC Docket Nos. EL00-
95-022/EL00-98-021 (SDG&E); FERC Docket Nos. EL00-95-023/EL00-98-
022 (ISO); PERC Docket Noe. 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. BLO1-57-000 (Reliant Energy; etc. et
al. v.. ISO); FERC Docket No. ELO1-75 (Vernon v. ISO); USCA No.
01-1187 (consolidatedwith01-1190) (PG&E V. FERC); FERC Docket
No. ELOO-95 (SDG&E v. Sellers of EReLgy, et al.) consolidated
with FERC Docket No. EL00-98; FERC Docket Nos. RTOI-82 (SDG&E),
RTO1-83 (PG&E)., RTO1-85 (ISO) and RTO1-92 (SCE); FERC Docket No.
BLO1-84 (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);
FBAC Docket No. ER02-2321 (ISO); FERC Docket No. EL03-14 (Azuaa);
FERC Docket No. EL03-15 (Anaheim); FERC Docket No. EL03-20
(Riverside); FERC Docket No. EL03-21 (Banning); FERC Docket No.
ER03-142 (SCE); FERC Docket No. EL03-31 (Vernon TRBA); FERC
Docket No. ER03-219 (ISO); FERC Docket No. ER03-338 (SCE); FERC
Docket No. PA02-2-001; PERC 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) PERC Docket No ELOI-33 (SCE/PX);-FERC Docket No. EL01-36 (Coral
.Power, L.L.C., at al. V, PX); FERC Docket No. EL01-37-(SRP & SMUD
V. Px);
(j) FERC Docket No. BLO1-34 (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. ER02-455 (PG&E); FERC Docket Noe. ECO2-31, EL02-
36 and CP02-38 (PG&E, et al.); - -
(n)Winston Hayes v. Glenn Finley, et al., USDC No. CV-02-01247 DT
(0) 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);
(a) Mirant. Americas Energy Marketin4, LP V. Vernon; USBC Adversary
Proceeding No. 03-04440-dml; -
(t) Robert. S. Spradlin, etc. v. Vernon; Norwalk Superior Court No. VC
039280;
(u) Jessica Rodriguez v. Vernon; LASC No. BC298090;
(v) - Lexington Insurance Company v. Vernon, Norwalk Superior Court No.
VC 040647;
(w) Vernon v. Scott Co.,.. et 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 subdivision (c) of
Government Code 54956.9.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Initiation of litigation: Two (2) potential cases.
Page 8 of 9
Regular City Council Meeting Minutes
December 3, 2003
It was moved by McCormick, seconded by Ybarra, that the
City Council go out of closed session and resume regular session,
the time being 5:43 p.m. Motion carried.
It was moved by Gonzales, seconded by Davis, that
discipline in the matter of the Academy Cadet be approved.
Motion carried. -
It was moved by. Ybarra, seconded by Gonzales, to
approve the City of Vernon's participation in the amicus curiae
brief in the matter entitled Deaton v. United States (On
Petition for a Writ of Certiorari to the United States Court of
Appeals for the 'Fourth District) and to authorize Legal Counsel
for the City to execute the participation form on behalf of the
City. 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 be adjourned to December 17, 2003 at 4:00
p.m., the time being 5:45 p.m. Motion carried.
.ATTEST:
Bruce V. Malkenhorst
City Clerk
� eonT. is C. Malbuqrg
Mayor
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