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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: 1091 =2= 12/4/84 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. I 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. I 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. 1092 =3= 12/4/84 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. ,<~ 1093 =4= 12/4/84 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. 1094 =5= 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 ~'-"~-'''.^-'-~~~~-'':~~.'''''~-'''''~<'I: \--- OFFk:JAL SEAL .~ LO!S J HILTON \ " NOTARY PUBLIC - CAlIFORN1A :< LCJ5 '.',y-comm. cxpir2s ~ Santa fa Avenue, Vern?n, CA 9C9.'~