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19800304 Regular City Council Meeting - Minutes MINUTES OF A REGULAR ADJOURNED MEETING OF THE CITY COUNCIL, HELD MARCH 4, 1980, AT FOUR O'CLOCK, P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. COUNCIL PRESENT: Gonzales, Kaeser, McCormick, Ybarra, Malburg COUNCIL ABSENT: None I The meeting was called to order by Mayor Malburg. It was moved by Kaeser, seconded by Gonzales that the minutes of the meeting of the City Council on February 19, 1980, be approved. Motion carried. The City Clerk announced that this was the time and place for opening of bids for Asphalt Resurfacing of Certain Streets, in accordance with Contract No. 430. It was moved by Ybarra, seconded by Kaeser, that the Clerk be instructed to open and read the bids submitted. Motion carried. The Clerk opened and read the following bids: Vernon Paving Company Robert Escudero, Inc. Sully Miller Contracting Co. $ 94,046.00 91 ,725.00 99,751.60 It was moved by McCormick, seconded by Gonzales, that the bids received for Asphalt Resurfacing of Certain Streets - Contract No. 430, be referred to the Director of Public Works for recapitulation, review and recom mendation. Motion carried. The City Clerk announced that this was the time and place for opening of bids on Quotation No. 1142, Sale of a 1954 Fire Engine, Crown Pumper, as surplus, pursuant to Section 2.31 of the Vernon City Code. There being no bids submitted, it was moved by Kaeser, seconded by McCormick that this item be referred to Fire Chief Bass for further review, with the possibility that this equipment may be utilized in a reserve capacity. Chief Bass to report his recommendation to the Finance Committee. Motion carried. At this time, 2:30 o.clock, p.m., the Mayor opened the Public Hearing on the matter of the City of Vernon Fixing Rates to be Charged for Electrical Energy Supplied by Said City Within Its Boundaries. This item was deferred from the last regular meeting of the Council on February 19, 1980 to this meeting. I The City Attorney prefaced this portion of the hearing by announcing that a report on Rate Design for Municipal Light Department of the City of Vernon prepared by Deloitte Haskins and Sells, had been previously distributed to the City Council, wherein it was recommended a certain amount of revenue be raised, and that a particular rate be established. He also stated that additionally, Resolution No. 4709 would be presented changing the energy cost adjustment bill- ing factor for electrical energy distributed to Vernon electrical consumers, to be effective April 3, 1980. The Mayor, after having declared the public hearing on this matter re-opened, asked if there was anyone present who wished to be heard. Mr. Julio Venturini, representing Bethlehem S Eel Company, 3300 E. Slauson Avenue, Vernon, California, addressed the City Council. He stated that he has been employed by Bethlehem S eel Company since 1947, and has appeared before the Public Utilities Commission many times and just last month before the Federal Energy Regulations Commission on items of this nature. 402 =2= 3/4/80 Mr. Venturini explained that the Vernon plant is heavily dependent on electrical and natural gas use, and added that the facility employs over 1700 persons ~ith an annual pay roll of $37,000,000.00, much of which remains in this area. Bethlehem is a major user of both.electrical and gas energy and an increase in electrical rates, according to Mr. Venturini, would produce a substantial impact on Bethlehem's operations. He stated that since 1970, ~e cost of electricity in the plant has risen 470% and that does not include ~ what is being proposed at this hearing today. I Mr. Venturini reported that their Seattle plant, operating much the same as Vernon, pays a price of $5.00 per MKW, and although one must realize that it is hydro-electric power, as a comparison, Vernon's bill for a month's electricity was $1.1 million, and the Seattle plant had a bill for $100,000.00. He stated that the Council should be aware of what is happening, that the com- pany's local operations have not made any profit, and reminded the Council of what transpired in the City of Torrance where there was a closure; that a price increase would also affect suppliers 8swel1, and that affirmative action by ~e Council could result In curtailing operations here. Bethlehem, according to Mr. Venturini, is not allowed to pass on increased costs and mentioned also the problem of foreign competition. Mr. Venturini stated that he was available to discuss this further with the City, with a view toward attaining a satisfactory solution to this vita 1 i s s ue . There was fur ther discussion by Councilman Gonzales, Mr. Venturini, the City Administrator, and the City Attorney regarding extended conferences with a selected committee, on the subject of keeping the electrical rates under control and equitable, plus staggering or alternating the peak load periods, and also to consider alternative substitutes for sources of supplying power. Mr. Jerry Kramer, General Manager, Container Corporation of America, was acknowledged by the Mayor to address the City Council at the Public Hearing. Mr. Kramer expressed a desire to cooperate with the City and any committee formed to explore possibili ties of an electrical or substitute power producing project, and give what input and suggestions he could, as a representative of industry. There being no further requests to address the City Council in this proceeding, the Mayor at this time, 4:40 o'clock, p.m., declared the public portion of the hearing closed. It was moved by McCormick, seconded by Ybarra that the report by Deloitte Haskins & Sells on Rate Design for the Municipal Light Department of ~e City of Vernon, dated February, 1980, be received and filed. Motion carried. It was moved by Gonzales, seconded by Ybarra, that a letter be formul- a 1ed for dissemination to approximately 40 electrical consumers within the City, comprising 70% of the output load, inviting ~em to participate in a study of methods to develop a pattern for electrical use, and alternatives to offsetting future increases. Motion carried. I ORDINANCE NO. 895 - An Ordinance of the City of Vernon Fixing Rates To Be Charged For Electrical Energy Distributed and Supplied by Said City Within Its Bounda r i es and Repea 1 i ng Certa i nOrd i nances of the City of Vernon ReI at i ng Thereto, was read by title for a second and final reading. It was moved by Kaeser, seconded by Gonzales that Ordinance No. 895 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, Kaeser, McCormick, Ybarra, Malburg None None Resolution No. 4709 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Suppl ied to Its. Electrical Consumers and Repeal ing Reso- lution No. 4707, was presented. 403 404 =3= 3/4/80 It was moved by McCormick, seconded by Ybarra, that Resolution No. 4709 be approved and adopted. Motion carried. AYES: NOES: Absent: McCormick, Ybarra, Kaeser, Gonzales, Malburg None None Communication from Arthur E. Nelson, Director of Public Works/Building, dated February 26, 1980, recommending that a variance allowance be granted to Pacific Cold Storage Company, in order to complete their building additions, was presented. I The Director of Public Works and Fire Chief Bass commented and ex- plained upon this request and forsee no problems with the granting of the variance. It was moved by Gonzales, seconded by Kaeser, that the recommendation of the Director of Public Works for a variance be granted Pacific Cold Storage Company, be approved. Motion carried. Communication from Lorenzo H. Taylor, Director, Los Angeles District Office, Equal Employment Opportunity Commission, dated January 31, 1980, issuing determination of Commission in the proceeding of Tomalyn C. Tavernelli, Charging Party and City of Vernon, Respondent, Indicating that there is not reasonable cause to believe that the charges are true, after examining the California Fair Employ- ment Practice Commission's findings, thus concluding the Commission's processing of the subject charges, was presented. It was moved by Kaeser, seconded by Ybarra, that the communication be received and filed. Motion carried. Communication from Arthur E. Nelson, Director of Public Works/Building, dated February 25, 1980, transmitting fully executed Easement Deed for a portion of Vernon Avenue from Sam Perricone and Seymour Owens, recommending that the Easement be accepted and the grantors be advised of the official recordation, was presented. It was moved by Gonzales, seconded by Ybarra, that ~e Easement be accepted, that the Mayor and the City Clerk be authorized to execute the Certi- ficate of Acceptance on behalf of the City of Vernon, and that the grantors be advised of the official recordation. Motion carried. Resolution No. 4704 - A Iesolution of the City Council of the City of Vernon Determining the Disability Retirement of Keith Slifka, a Local Safety Member Employed by the City of Vernon (SS 21024 & 21025 of the Government Code, was presented. It was moved by McCormick, seconded by Gonzales t ~t Resolution No. 4704 be approved and adopted. Motion carried. I AYES: NOES: Absent: McCormick, Gonzales, Kaeser, Ybarra, Malburg None None Resolution No. 4708 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Oil Process Company for the Cleaning of Storage Tank for Diesel Oil in Accordance with Purchasing Department Quotation No. 1144 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by Gbnzales, seconded by Ybarra, that Resolution No. 4708 be approved and adopted. Motion carried AYES: NOES: Absent: Gonzales, Ybarra, Kaeser, McCormick, Malburg None None IIWarrant Register No. 54311 covering claims and demands presented during the period of February 16 to 29, which includes Demands Nos. 92584 to 92673 (both inclusive) excluding voided Warrant #92625, drawn on the United California Bank totaling $229,340.87 (Light and Power Warrants $130,326.10) (Accounting Period March 1980), was examined and audited. =4= 3/4/80 It was moved by Ybarra, seconded by Kaeser, that Warrant Register No. 543 be approved and payment authorized for Demands Nos. 92584 to 92673 (both inclusive) excluding voided Demand No. 92625, with no other exceptions. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated February 20, 1980, requesting that David H. Maines be hired as Policeman I, Step 5, per Acting Chief Espinoza's request, was presented. I t was moved by Gonza les, seconded by Kaeser, that the request of the City Administrator be granted and David H. Maines be hired as Policeman I, Step 5. Motion carried. I Communication from Louis Hauger, Director of Environmental Health, dated February 25, 1980, transmitting two copies of Agreement for Animal Control Services, recommending that the City Council adopt a Resolution approving re- newal of the Animal Control Services Agreement at the County of Los Angeles, Contract Service Rate for 1979-1980, for an additional year, July 1, 1979 - June 30, 1980, was presented. It was moved by Ybarra, seconded by McCormick that t re recommendation of the Director of Environmental Health be approved, and that the Mayor and the City Clerk be authorized to execute the Agreement on behalf of the City. Motion carried. Police Department Activity Log, February 15 - 29, 1980, was presented. It was moved by Ybarra, seconded by McCormick that same be received and filed. Motion carried. Communication from George F. Bass, Fire Chief, dated February 28, 1980, commending Battalion Chief Schultz and the on-duty firefighters for their efforts at the Superior Hand Prints conflagration, was presented. It was moved by Gonzales, seconded by Ybarra, that the com mendation be approved, and the communication be received and filed. Motion carried. The Director of Public Works/Building reported that the City was reim- bursed $112,802.00 from the Offices of Emergency Services, civil defense funds that had previously been expended by the City. The Director of Environmental Health Services reported that the Department was requested to submit a water sample from Vernon's underground basin to the State Department of Health; that a sample was taken from Well No. 14 for traces of T.C.E. and that an analytical report of same indicated that only .02 parts per billion were discovered, well below the Federal standard for clean water. The Mayor asked if there was anyone in the audience that wished to address the council. There was no response. I The City Attorney presented a Notice of Hearing for Rate Increase by the Pacific Telephone and Telegraph Company, to be held March 18 and 19, 1980, in Los Angeles. It was moved by Ybarra, seconded by McCormick that the communication be received and filed. Motion carried. Summons and Complaint filed in Superior Court of the State of California County of Los Angeles, Case No. 364306, entitled Interinsurance Exchange of the Automobile Club of Southern California, (an Interinsurance Exchange) vs. City of Vernon, Dolores Villa, Fred Horrell, Does I thru XII, inclusive, for damages, was presented. It was moved by McCormick, seconded by Gonzales, that the Complaint and Summons in the above-entitled court and cause, be referred to the City Attorney for review and recommendation. Motion carried. 405 =5= 3/4/80 Resolution No. 4710 - A Resolution of the City Council of the City of Vernon, Extending Its Condolence on the Passing of John A. Lifur, An Employee Within the City of Vernon Since the 1930's, was presented. It was moved by McCormick~ seconded by Gonzales~ that Resolution No. 4710~ be approved and adopted. Motion carried. AYES: NOES: Absent: McCormick, Gonzales~ Kaeser~ Ybarra~ Malburg None None I At this time, 5:12 o'clock, p.m., it was moved by Gonzales~ seconded by Ybarra, that the City Council go into exeC~ive session under the Attorney/ Client privilege. Motion carried. All persons with the exception of the City Administrator/City Clerk and the City Attorney were excluded from the executive session. Mayor Malburg ordered that all communications to and from the executive session were deemed private and confidentiaL The City Council took a recess at this time until 5:35 o'clock~ p.m. The City Council reconvened in executive session, all members being present at the session. At this time, 6:00 o'clock, p.m., it was moved by McCormick, seconded by Ybarra, that the City Council go out of executive session and resume regular session. Motion carried. It was moved by McCormick~ seconded by Gonzales that the City Council approve stipulations with request for awards providing for a 19% permanent dis- ability rating in the case of Ivan L.' Elder~ Workers Compensation Appeals Board Case No. 78-LB 98177. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 4, 1980~ transmitting for review and approval ~ the recommendations made at the Finance Committee meeting of February 28~ 1980, was presented. It was moved by Ybarra~ seconded by Gonzales~ that the minutes of the meeting of the Finance Committee held February 28~ 1980~ be approved~ and that the recommendations contained therein be adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/City Clerk, dated March 4, 1980, transmitting Personnel Committee recommendations of the meeting held March 3, 1980~ was presented. It was moved by Gonzales, seconded by Ybarra, that the minutes of the meeting of t~ Personnel Committee held March 3~ 1980, be approved, and that the recommendat ions conta i ned there i n be adopted. Mot ion ca rr i ed. I There being no further business to come before the City Council, it was moved by Ybarra, seconded by Kaeser, that the meeting adjourn. Motion carried. , c-:.~~#:' _ .f.. j/,~, ...".-:: // _" .,,""-:-:' LC /"?c~ ~ ~':PJ"y-Z/c.. z."t{./"'Z ~EONIS C. MALBURG~ Mayor \ ATTEST: ~4~ /4~ BRUCE V. MALKENHORST City Administrator/City Clerk 406 ~~'fA BRUC~ Y I r.1ALKENHORST. 9/? CITY Jl.DMINISTRATOR/CITY CLERK I ORDER OF I\DJOUPJfEIT OF r,mmG OF TIlE CITY COUrJCIL OF THE CIlY OF VEPJJOfJ ----------------------------------------- I HEREBY CERTIFY THAT A REGULAR MEETING OF THE CITY COUNCIL OF . ... ,.. .. THE CITY OF VERNON" HELD . TUESDAY J ~1ARCH 4, 1980 . 6 XBJ9"lN THE COUNCIL c'LfAMBER OF THE CITY flALLJ LOCATED AT 4305 SANTA FE AVENUE" VERNON" CALIFORNIA; WAS ADJOURNED BY CRDER OF THE CITY CoUNCIL (QUORl.f\'l PRESENT) UNTIL TUESDAY I ~1ARCH 4, 1980 ~ AT 4:00 O'CLOCKP 1ft" IN THE COUNCIL CHAMBER OF THE CITY ~lALL" LOCATED AT 4305 SANTA FE AVENUE; VERNON", CALIFORmA I ;J ~~/ /lUiu BRUCE V. MALKEN~ORST City Administrator/City Clerk MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON, HELD MARCH 4, 1980, AT TWO O'CLOCK, P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANT A FE AVENUE, VERNON, CALIFORNIA I MEMBERS PRESENT: None MEMBERS ABSENT: McCormi,ck, Kaeser, Gonzales, Ybarra, Malburg Due to lack of a quorum, the City Administrator/City Clerk adjourned the meeting until March 4, 1980, at 4:00 o'clock, p.m. I