19841204 Regular City Council Meeting - Minutes
MINUTES OF AN ADJOURNED REGULAR MEETING OF
THE CITY COUNCIL, HELD DECEMBER 4, 1984,
AT 5:00 P.M., IN THE COUNCIL CHAMBER OF
THE CITY HALL, LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
I
At this time, the Mayor presented Service pin Awards to
the following employees:
Fred Tachovsky
Mason Chancey
15 Years
5 Years
At 5:05 p.m., the Mayor declared a recess.
At 5:25 p.m., the council reconvened in regular session
all members present before the recess, again being present.
Mayor Malburg informed the Council that he should have
abstained from voting on November 6, 1984, on the motion to
approve Warrant Register No. 656, covering claims and demands
which included Light & Power Demand Nos. 2638, 2639, 2641, 2644,
2647-2649 (both inclusive), 2652, 2654, 2668, 2674, 2678, 2687,
2691, 2704-2707 (both inclusive), 2713, 2727, 2731, 2742, 2748,
2756, 2759, 2761, 2763, 2764, 2780, 2781, 2784, 2793, 2795 and
2802, in the amount of $673,283.71, with no exceptions, because
he is disqualified from voting because it is reasonably fore-
seeable that the decision will have a material financial effect
on an investment which qualifies as a source of income and re-
ques~ed that the Minutes be corrected to show his abstention.
It was moved by Ybarra, seconded by Davis, that the Minutes
of the Adjourned Regular City Council Meeting held November 6,
1984, should be approved as corrected. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
minutes of the Adjourned Regular City Council Meeting held
November 13, 1984 (deferred from the November 21, 1984 Council
Meeting), be approved as written and submitte~. Motion carried.
I
Mayor Malburg informed the Council that he should have
abstained from voting on November 21, 1984, on the motion to
approve Warrant Register No. 657, covering claims and demands
which included Light & Power Demand Nos. 2805, 2812, 2817, 2818,
2829, 2830, 2839, 2851, 2858, 2&64-2866, 2873, 2881, 2889, 2896,
2906, 2920, 2924, 2928, 2931, 294'8, 2949, 2951, 2952, 2953, 2959
and 2963, in the amount of $6,687~ 939.51, with no exceptions,
because he is disqualified from voting because it is reasonably
foreseeable that the decision will have a material financial
effect on an investment which qualifies as a source of income
and requested that the Minutes be corrected to show his absten-
tion.
It was moved by Ybarra, seconded by McCormick, that the
Minutes of an Adjourned City Council Meeting held on November
21, 1984, should be approved as corrected. Motion carried.
Mayor Malburg indicated that the Minutes of an Adjourned
City Council Meeting held November 26, 1984, did not include
the presentation made by Jim Brodie, the City's consultant on
cogeneration matters, and requested that the Minutes be corrected
to include his presentation which was as follows:
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Jim Brodie appeared before the Council and explained
that he had participated with the City Administrator and the
City Attorney in the negotiations with CCA and explained that
he had proposed that CCA be required to make minimum capacity
payments in the event that the facility was not operating for
a period longer than 12 months and that said payments would
continue for the life of the agreement after a 12-month
"holiday." He further indicated that the agreement which was
being recommended by the City Administrator and the City At-
torney was, in his opinion, consistent with good utility
practice and the various provisions that were objected to by
CCA were necessary in order to protect the City of Vernon and
that he recommended that the City approve the agreement.
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It was moved by McCormick, seconded by Gonzales, that the
Minutes of an Adjourned City Council Meeting held November 26,
1984, be approved as corrected. Motion carried.
Police Department Activity Log for the period November 16-
30, 1984, was presented.
It was moved by Ybarra, seconded by Davis, that the Police
D~partment Activity Log for the period November 16-30, 1984, be
received and filed. Motion carried.
Warrant Register No. 658, covering claims and demands pre-
sented during the period November 16-30, 1984, which includes
Demand Nos. 2975-3093 (both inclusive) excluding void Demand
Nos. 2980, 2994-3002, and Light & Power Demands drawn on the
First Interstate Bank totaling $255,671.76, (accounting period
December 1984) was examined and audited.
It was moved by McCormick, seconded by Davis, that Warrant
Register No. 658 be approved and payment authorized for Demand
Nos. 2975-3093 (both inclusive) excluding void Demand Nos. 2980,
2994-3002, and Light & Power Demands, in the amount of
$255,671.76, with no other exceptions. Motion carried.
Warrant Register No. 658, covering claims and demands pre-
sented during the period of November 16-30, 1984, which includes
Light and Power Demand Nos. 2975, 2978, 2992, 3012, 3013, 3023,
3030, 3034, 3036, 3037, 3053, 3055, 3058, 3066, 3074, 3077,
3080, 3083, and 3090 totaling $419,290.64 (accounting period
December, 1984), was examined and audited.
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It was moved by Ybarra, seconded by Gonzales, that Warrant
Register No. 658, be approved and payment authorized for Light
and Power Demands Nos. 2975, 2978, 2992, 3012, 3013, 3023,
3030, 3034, 3036, 3037, 3053, 3055, 3058, 3066, 3074, 3077,
3080, 3083, and 3090 in the amount of $419,290.64, with no
exceptions. Mayor Malburg is abstaining from voting on the
above motion and is disqualifying himself because it is
reasonably foreseeable that the decision will have a material
financial effect on an investment which qualifies as a source
of income. Councilman Davis is abstaining from voting on the
above motion and is disqualifying himself because it is
reasonably foreseeable that the decision will have a material
financial effect on his source of income. Motion carried.
Payroll Warrant Register No. 338, covering claims and de-
mands presented during the period October 14-November 10, 1984,
which includes Demand Nos. 4065-4084 (both inclusive) drawn on
the Crocker National Bank totaling $603,398.69 (accounting
period November 1984), was examined and audited.
It was moved by Davis, seconded by McCormick, that Payroll
Warrant Register No. 338, be approved and payment authorized
for Demand Nos. 4065-4084 (both inclusive), in the amount of
$603,398.69, wih no exceptions. Motion carried.
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Communication from Bruce V. Malkenhorst, City Administra-
tor/City Clerk, dated November 27, 1984, recommending authority
and funds for Ed Cooney, Assistant Finance Director, to attend
the California Society of Municipal Finance Officers Seminar
in San Jose, California, February 6-9, 1985, with an expense
allowance of $668.00, was presented.
It was moved by Ybarra, seconded by Gonzales, that the
recommendation of the City Administrator/City Clerk be approved
and that authority be granted for Ed Cooney, Assistant Finance
Director, to attend the California Society of Municipal Finance
Officers Seminar in San Jose, California, February 6-9, 1985,
with an expense allowance of $668.00. Motion carried.
I
Communication from Bruce V. Malkenhorst, City Administra-
tor/City Clerk, dated November 27, 1984, recommending authority
and funds for himself and Councilmen Tom Ybarra and Hilario
Gonzales to attend the California Society of Municipal Finance
Officers Seminar in San Jose, February 6-9, 1985, with an
expense allowance of $758.00 each, was presented.
It was moved by Davis, seconded by McCormick, that the
recommendation of the City Administrator/City Clerk, dated
November 27, 1984, be approved and that authority be granted
for Bruce V. Malkenhorst, Tom Ybarra and Hilario Gonzales to
attend the California Society of Municipal Finance Officers
Seminar in San Jose, February 6-9, 1985, with an expense
allowance of $758.00 each. Motion carried.
ORDINANCE NO. 949 - An Ordinance Of The City Council Of
The City Of Vernon Amending The Code Of The City Of Vernon,
California 1959 By Adding New Chapter 6A Regulating Mobile
Check Cashing Services, Providing For The Issuance Of Permits
And Collection Of Fees Therefor, And Providing For Penalties
For The Violation Of Any Provision Of This Ordinance was read
by title for a first reading.
It was moved by Gonzales, seconded by Ybarra, that Ordinance
No. 949 receive and pass a first reading. Motion carried.
AYES:
NOES:
Absent:
Gonzales, Ybarra, Malburg, Davis, Gonzales
None
None
Communication from L. A. Espinoza, Chief of Police, dated
November 29, 1984, recommending authority and funds for
Elizabeth Sawickis to attend the Managing with Micro Computers
in Long Beach, December 18, 1984, with an allowance for regis-
tration of $150.00, was presented.
I
It was moved by McCormick, seconded by Ybarra, that the
recommendation of the Police Chief be approved and authority
be granted to issue a warrant in the amount of $150.00 to
Elizabeth Sawickis to attend the Managing with Micro Computers
in Long Beach, December 18, 1984. Motion carried.
Communication from Bruce V. Malkenhorst, Director of Per-
sonnel, dated December 3, 1984, recommending that the following
personnel matters be acted upon as indicated below:
I Hire:
(1) Mr. Kendall Seymour be hired as Police
Officer I, Step 4, with a monthly salary of
$1,756.00 and that the executed employment
agreement for the position of Police Officer
I by and between the City of Vernon and Mr.
Kendall Seymour be accepted and ratified,
both effective November 21, 1984.
,<~
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It was moved by Ybarra, seconded by Davis,
that Mr. Kendall Seymour be hired as Police
Officer I, step 4, with a monthly salary of
$1,756.00 and that the executed employment
agreement be accepted, both effective
November 21, 1984. Motion carried.
(2) Mr. Elias Rodriguez be hired as a tem-
porary worker assigned to the Community
Services Department with an hourly wage of
$5.00 effective December 3, 1984.
I
It was moved by Gonzales, seconded by Ybarra,
that Mr. Elias Rodriguez be hired as a tem-
porary worker assigned to the Community
Services Department with an hourly wage of
$5.00 effective December 3, 1984. Motion
carried.
II
Resignations:
(I) Accept the resignation of Mark McNabb,
a temporary worker assigned to the Community
Services Department effective November 29,
1984.
It was moved by Ybarra, seconded by Davis,
that the resignation of Mark McNabb be
accepted effective November 29, 1984. Motion
carried.
At 6:15 p.m., it was moved by Ybarra, seconded by
McCormick, that the City Council go into executive session
under 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 declared all communications to and from
the executive session deemed private and confidential.
At 7:00 p.m., Councilman Davis was excused.
At 7:15 p.m., Councilman Davis resumed his seat on the
Council.
At 7:16 p.m., it was moved by Ybarra, seconded by
McCormick, that the City Council go out of executive session
and resume regular session. Motion carried.
I
The City Attorney presented an executed letter agreement
with Edison dated October 25, 19a4, which represented the
settlement of the City of Vernon's protest of Edison's refund
report in FERC Docket No. ER79-l50-009. Said settlement pro-
vides that Edison would make a payment to Vernon of $20,656.00
in exchange for Vernon's withdrawal of its two protests dated
September 21, 1984 and October 2, 1984, and recommended that
the Council ratify this stipulated sett.lement.
It was moved by Ybarra, seconded by McCormick, that the
executed letter agreement with Edison dated October 25, 1984,
is hereby ratified and approved and received and filed. Mayor
Malburg is abstaining from voting on the above motion and is
disqualifying himself because it is reasonably foreseeable
that the decision will have a material financial effect on an
investment which qualifies as a source of income. Councilman
Davis is abstaining from voting on the above motion and is dis-
qualifying himself because it is reasonably foreseeable that
the decision will have a material financial effect on his
source of income. Motion carried.
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12/4/84
The City Attorney advised the Council that on November 1,
1984, the Public Utilities Commission of the State of Califor-
nia, Pacific Gas and Electric Company, San Diego Gas and
Electric Company, and Edison filed a petition in FERC Docket
No. EL85-6-000 seeking a declaratory order. Said parties re-
quested that the Commission declare that the Bonneville Power
Administration ("BPA") Near Term Intertie Access Policy and a
certain August 20, 1984 letter from BPA to parties to an agree-
ment known as the Exportable Agreement constituted rate changes
subject to review by the Commission.
I
The City Attorney recommended that the City of Vernon
intervene in said proceeding because the BPA Intertie Access
Policy may directly or indirectly affect Vernon's access to
Northwest power supply and/or the rates Vernon will pay for
such power.
It was moved by Gonzales, seconded by McCormick, that the
City Attorney be authorized to file a Motion to Intervene in
FERC Docket No. EL85-6-000. Mayor Malburg is abstaining from
voting on the above motion and is disqualifying himself because
it is reasonably foreseeable that the decision will have a
material financial effect on an investment which qualifies as a
source of income. Councilman Davis is abstaining from voting on
the above motion and is disqualifying himself because it is
reasonably foreseeable that the decision will have a material
financial effect on his source of income. Motion carried.
It was moved by Davis, seconded by McCormick, that the
recommendation of the City Administrator/City Clerk be approved
and that December 24, 1984 and December 31, 1984, be given as a
holiday to miscellaneous employees that are working on the four-
day work week, who are not required for emergency services and
also any other employees that do not effect operations; as
approved by the City Administrator. Motion carried.
There being no further business to come before the City
Council, it was moved by Ybarra, seconded by McCormick, that
the meeting be adjourned. Motion carried.
~~, ' Ai., ~., . )
""~~;;?{,,.t:.d-L: ,. ~;?' ~_ t'!..C ...~,_'7- f_/
--"~I~ONIS C. MALBUR~, Mayor'
ATTEST:
I
&~~
BRUCE V. MALKENHORST, City Administrator/
City Clerk
1095
I
I
NOTICE OF ADJOURNMENT
OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON
I HEREBY CERTIFY THAT A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF VERNON TO BE HELD DECEMBER 4, 1984
AT
2:00 P.M., IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY
ORDER OF THE CITY CLERK (Quorum Not Present) UNTIL DECEMBER 4,
1984 AT 5:00 P.M.,
IN THE COUNCIL CHAMBERS OF THE CITY HALL.
~~
Bruce V. Malkenhorst
City Clerk
AFFIDAVIT OF POSTING
State of California )
County of Los Angeles )
City of Vernon )
I, BRUCE V. MALKENHORST, City Clerk of the City
of Vernon, do hereby certify that I did, on the 4rh
day of December , 1984, pqst Notice of Adjourn-
ment of Meeting of the City Council ot"the City of Vernon,
a copy of which is attached hereto, at a conspicuous place
on or near the door of the place at which said meeting of
December 4, 1984
, was held.
6~~~
BRUCE V. MALKENHORST, City Clerk
Subscribed and sworn to before me
this 4th day of Decemb~r
, 19 84
No'a<<~c ~ai~oun'y of
Los Angeles, State of California
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\--- OFFk:JAL SEAL .~
LO!S J HILTON \
" NOTARY PUBLIC - CAlIFORN1A :<
LCJ5
'.',y-comm. cxpir2s
~ Santa fa Avenue, Vern?n, CA 9C9.'~