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19860916 Regular City Council Meeting - Minutes I I NOTICE OF ADJOURNMENT OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON I HEREBY CERTIFY THAT AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON TO BE HELD September 16th AT 2:00 IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVE- NUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY CLERK (Quorum Not Present). unt;l 986 4 45 P M ..... September 16, 1 at:. .. Bruce V. Malkenhorst City Clerk .' MINUTES OF AN ADJOURNED REGULAR CITY COUNCIL MEETING HELD SEPTEMBER 16, 1986 AT 4:45 P.M., IN THE CITY COUNCIL CHAMBERS 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 It was moved by Ybarra, seconded by Davis, that the minutes of the Adjourned Regular City Council Meeting held September 2, 1986, be approved as written. Motion carried. At this time Mayor Malburg presented a Service Pin Award to Esther Callender, a Transcriber Typist, for the Police Department for her twenty (20) years of service. At 4:56 P.M., the Mayor declared a recess. At 5:00 P.M., the City Council reconvened in Regular Session all members present before the recess, again being present. RESOLUTION NO. 5317 - A Resolution of the City Council of the City of Vernon Commending Esther Callender for her Many Years of Service to the City of Vernon, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 5317 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 11, 1986, was presented, advising of receipt of a request from Mr. Sid Levine, owner of property located at the northeast corner of 54th & Soto Street, for a variance from the Uniform Build~ng Code, 1979 Edition, Section 506, "Allowable Building Area and Side Yard Requirements". A canopy approx- imately 20' by 40', completely noncombustible and sprinklered, is encroaching in the required yard area by 10 feet. This request has been reviewed by the Director of Community Services, and it is hereby recommend that said variance be granted contingent upon the canopy being demolished at the end of the lease period (13 years). It was moved by Gonzales, seconded by Davis, that the recom- mendation of the City Clerk be approved and that a variance from the Uniform Building Code, 1979 Edition, Section 506, "Allowable Building Area and Side Yard Requirements", be granted to Mr. Sid Levine contingent upon the above mentioned condition. Motion carried. I RESOLUTION NO. 5316 - A Resolution of the City Council of the City of Vernon Commending Robert N. Graham for his Many Years of Service to the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5316 be approved and adopted. Motion carried. This resolution was accepted on behalf of Robert Graham by Luis Espinoza, Chief of Police. ORDINANCE NO. 964 - An Ordinance of the City Council of the City of Vernon Authorizing an Amendment to the Contract Between the City Council of the City of Vernon and the Board of Administration of the Public Employees Retirement System (PERS), was read by title for a second and final reading. (Deferred from the City Council Meeting held September 2, 1986.) It was moved by Ybarra, seconded by Davis, that Ordinance No. 964 receive and pass a second and final reading and be adopted. Motion carried. AYES: NOES: ABSENT: Malburg, Ybarra, Davis, Gonzales, McCormick None None ~3~ City Council Minutes Page 2 September 16, 1986 ORDINANCE NO. 965 - An Ordinance of the City Council of the City of Vernon Declaring the Need for a Redevelopment Agency in the City of Vernon and Declaring the City Council to be the Agency, was read by title for a second and final reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 965 receive and pass a second and final reading and be adopted. Motion carried. AYES: NOES: ABSENT: ABSTENTION: Ybarra, Davis, Gonzales, McCormick None None Malburg I Police Department Activity Log for the period September 1 thru 15, 1986, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period September 1 thru 15, 1986, be received and filed. Motion carried. Fire Department Activity Report for the period September 1 thru 15, 1986, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period September 1 thru 15, 1986, be received and filed. Motion carried. Health Department Report for the month of August, 1986, was presented. It was moved by Davis, seconded by Gonzales, that the Health Department Report for the month of August, 1986, be received and filed. Motion carried. An Evidentiary hearing on the Application for a PERS Disability Retirement of Ronald L. Cummings (continued from June 24, 1986 City Council Meeting), was scheduled to begin. It was moved by Ybarra, seconded by Davis, that this matter be deferred to the end of the City Council Meeting. Motion carried. Communication from Luis Espinoza, Chief of Police, dated August 5, 1986, was presented, requesting authority and funds for Bruce Olson to attend the Earthquake Preparedness Conference for Community Self-Help to be held on October 30, 1986 from 8:00 am to 4:00 pm at Queen Mary, Long Beach, California with an expense allowance of $34.80. I It was moved by McCormick, seconded by Ybarra, that authority be granted to issue a warrant to Bruce Olson in the amount of $34.80 to attend the Earthquake Preparedness Conference to be held on October 30, 1986 from 8:00 a.m. to 4:00 p.m. at Queen Mary, Long Beach, California. Motion carried. Communication from George Bass, Fire Chief, dated September 10, 1986, was presented, requesting authority and funds for Howard Stubbins to attend the California Fire Academy Fire Management 2E, to be held on October 12 thru 17, 1986 at Pacific Grove, California, with an expense allowance of $537.50. It was moved by McCormick, seconded by Ybarra, that authority be granted to issue a warrant to Howard Stubbins in the amount of $537.50 to attend the California Fire Academy Fire Management 2E, to be held on October 12 thru 17, 1986 at Pacific Grove, California. Motion carried. RESOLUTION NO. 5314 - A Resolution of the City Council of the City of Vernon Establishing Rules and Regulations Respecting the Employment of Related Family Members and Repealing Resolution Nos. 4028 and 5036, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 5314 be approved and adopted. Motion carried. CI_s~5"' City Council Minutes Page 3 September 16, 1986 Communication from Bruce V. Malkenhorst, City Clerk, dated September 11, 1986, was presented, recommending that the following items from the Community Services Department be declared surplus : I Asphalt Grinding Machine (1) Asphalt Emulsion Sprayer (1) Paint Striping Machine (1) Jaeger Compressor (1) Mosquito Abatement Machine (1) Blower (1) Sump pumps (2) 1956 Chev. 1/2 ton p/u truck (1) 1973 Plymouth (pool car) (1) Miscellaneous brass & copper fittings, copper pipe, water meters, dials, regulators, and a roll of copper wire. It was moved by Gonzales, seconded by Davis, that the com- munication from the City Clerk regarding the declaration of surplus be received and filed. Motion carried. RESOLUTION NO. 5315 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property From the Community Services Department Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 5315 be approved and adopted. Motion carried. Communication from Luis Espinoza, Chief of Police, dated September 11, 1986, was presented, requesting authority and funds for Louis Rosenkrantz to attend the California Association of Polygraph Examiners Training Seminar to be held on October 10 thru 12, 1986 at San Jose, California, with an expense allowance of $329.00. It was moved by Ybarra, seconded by Gonzales, that authority be granted to issue a warrant to Louis Rosenkrantz in the amount of $329.00 to attend the California Association of Polygraph Examiners Training Seminar to be held on October 10 thru 12, 1986 at San Jose, California. Motion carried. RESOLUTION NO. 5318 - A Resolution of the City Council of the City of Vernon Establishing Permit Fees and Service Charges Applicable to all Permits Granted by the City of Vernon Pursuant to Sections 4A.5, 4A.16 and 4A.22 of the Code of the City of Vernon, California, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5318 be approved and adopted. Motion carried. I RESOLUTION NO. 5319 - A Resolution of the City Council of the City of Vernon Approving Amendment to Joint Exercise of Powers Agreement for Insurance and Risk Management Purposes, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5319 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated September 11, 1986, was presented, advising that we are in receipt of a proposal from Colen & Lee Inc., to manage our Workers' Compensation and Liability programs. It is hereby recommended that a contract be entered into with Colen & Lee as our new Self- Insured Administrators, and that a 60 day notice of termination be given to Fleming & Associates in accordance with our present contract. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk regarding the proposal from Colen & Lee Inc., be received and filed, and that the recommen- dation contained therein be approved. Motion carried. 61 ~~~b City Council Minutes Page 4 September 16, 1986 RESOLUTION NO. 5320 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Agreements with Colen & Lee, Inc., to provide for Administration of a Workers Compensation 'Self Insurance Program and General and Automobile Liability Self Insurance Program, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5320 be approved and adopted. Motion carried. ORDINANCE NO. 966 - An Ordinance of the City Council of the City of Vernon Implementing Proposition C On November 7, 1986 Pursuant to Government Code Section 36516.6, was read by title for a first reading. 1 It was moved by Ybarra, seconded by McCormick, that Ordinance No. 966 receive and pass a first reading. Motion carried. AYES: NOES: ABSENT: Malburg, Ybarra, Davis, Gonzales, McCormick None None ORDINANCE NO. 967 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California 1959 by Amending Subsection (d) to Section 4A.5, Repealing Section 4A.15, and Amending Sections 4A.16 and 4A.18 of Chapter 4A of Said Code Relating to Emergency Burglar Alarm Systems and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith, was read by title for a first reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 967 receive and pass a first reading. Motion carried. AYES: NOES: ABSENT: Malburg, Ybarra, Davis, Gonzales, McCormick None None ORDINANCE NO. 968 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon California 1959, by Renumbering Existing Section 15.36 to 15.48 and Section 15.37 15.49 and Adding New Sections 15.36 and 15.37 to Chapter 15 of Said Code Relating to the Establishment of a Business License Fee for a Facility that Disposes of Hazardous Waste and for a Facility that Converts Waste to Energy and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith was read by title for a first reading. It was moved by Ybarra, seconded by McCormick, that Ordinance No. 968 receive and pass a first reading. Motion carried. I. AYES: NOES: ABSENT: Malburg, Ybarra, Davis, Gonzales, McCormick None None Communication from Victor Vaits, Director of Community Services, dated September 4, 1986, advising that Bids received and opened on September 2, 1986, according to Contract No. 473, have been reviewed and recommending that said Contract be awarded to Excel Paving Company, P.O. Box 16405, 2230 Lemon Avenue, Long Beach Ca 90806-5195, on the basis of their bid in the amount of $616,486.70. It was moved by Ybarra, seconded by McCormick, that the communication from Victor Vaits, Director of Community Services regarding Contract No. 473 be received and filed. Motion carried. Resolution No. 5324 - A Resolution of the City Council of the City of Vernon accepting the Bid of Excel Paving Company for Sunol Drive and Ayers Avenue Reconstruction and Bandini Boulevard Median in Accordance with Contract No. 473 of the City of Vernon and Approving the Execution of Said Contract, was presented. C' I ~-)"lc,7 City Council ~inutes Page 5 September 16, 1986 It was moved by Gonzales, seconded by McCormick, that Resolution No. 5324 be approved and adopted. Motion carried. RESOLUTION NO. 5322 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment to the Architect Agreement Entered Into on April 1, 1986, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5322 be approved and adopted. Motion carried. 1 RESOLUTION NO. 5325 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Planning Agreements for the Desert Southwest Inland Intertie Transmission System, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 5325 be approved and adopted. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Communication from Frank Claunch, Acting Fire Chief, dated September 11, 1986, was presented, requesting authority and funds for Walt Sumner to attend Back to Basics Seminar to be held on October 22, 1986 in Anaheim, CA with a cost of $30 for regis- tration. It was moved by Davis, seconded by McCormick, that authority be given to issue a warrant to Walt Sumner in the amount of $30 to attend Back to Basics Seminar to be held on October 22, 1986 in Anaheim, California. Motion carried. RESOLUTION NO. 5326 - A Resolution of the City Council of the City of Vernon Commending Harold Scdoris for his Many Years of Service to the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5326 be approved and adopted. Motion carried. This Resolution was accepted on behalf of Harold Scdoris by Frank Claunch, Acting Fire Chief. RESOLUTION NO. 5327 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and the Utah Power & Light Company ("UTAH") for the Purchase of Non-Firm Energy, was presented. 1 It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5327 be approved and adopted. Motion carried. Councilman Davis abstained from voting on the above mentioned motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. 0/ 3 b~ Communication from Victor H. Vaits, Director of Community Services Department, dated September 10, 1986, was presented, transmitting for your consideration a fully executed Grant Deed from MFC Realty, for a southerly portion of Parcel 17 of Parcel Map No. 16480, for street purposes. It is hereby recommended that the Grant Deed be accepted, the Certificate of Acceptance be approved and the Mayor and City Clerk be authorized to execute same. Mr. Vaits also advises that Alcoa Avenue was proposed to be a cul-de-sac, but with the new redevelopment at the eastern half of Bethlehem Steel, a new street will be extended from Alcoa Avenue to Downey Road; the cul-de-sac will now be converted to a corner. When the proposed corner is finished there will be a southeasterly portion of City owned property vacant. It is also recommended that this land be granted to MFC Realty by Quitclaim Deed. City Council Minutes Page 6 September 16, 1986 It was moved by Ybarra, seconded by Gonzales, that the aforementioned communication from Victor H. Vaits, Director of Community Services Department be received and filed, and the Grant Deed be accepted, and the Certificate of Acceptance be approved. Motion carried. It was also moved by Davis, seconded by McCormick, that a Quitclaim Deed be granted to MFC Realty. Motion carried. 1 Communication from Bruce V. Malkenhorst, City Administrator, dated September 11, 1986, was presented, requesting that authority and funds be granted to Fire Captain Larry Burdett and Acting Fire Chief Frank Claunch to attend a one day seminar on Polyurethane Foam and Fire to be held on September 25, 1986 from 9:30 a.m. to 3:30 p.m. at the City Council Chambers in the City of Downey, California with an expense allowance of $40.00. It was moved by Davis, seconded by McCormick, that authority be granted to issue warrants to Larry Burdett and Frank Claunch in the amount of $40 to attend a one day seminar on Polyurethane Foam and Fire to be held on September 25, 1986 from 9:30 a.m. to 3:30 p.m. at the City Council Chambers in the City of Downey, California. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated September 10, 1986, was presented, transmitting for your consideration a fully executed Grant Deed from Sam Perricone, Mary Perricone, Seymour Owens, and Belle Owens, for a portion of Lot 4 Chipley I Baker Tract, for street purposes, as required by the Street Right of Way Master Plan. In addition to the required land a two (2) foot strip along Vernon Avenue and a section of land at the corner of Soto and Vernon will be given to the City, which will allow the City to increase the sidewalk width on Vernon Avenue and increase the curb return at the Southwest corner of Soto Street. It is hereby recommended that the Grant Deed be accepted, the Certificate of Acceptance be approved and the Mayor and City Clerk be authorized to execute same. In addition, a section of City property behind Soto Street and adjacent to their property is presently vacant and would be a constant nuisance in maintenance. It is also recommended that a Quitclaim deed for said property be executed to Sam Perricone, Mary Perricone, Seymour Owens, and Belle Owens. It was moved by Ybarra, seconded by McCormick, that the aforementioned communication from Victor H. Vaits, Director of Community Services, be received and filed, and the Grant Deed be accepted and the Certificate of Acceptance be approved. Motion carried. I It was moved by Ybarra, seconded by Gonzales, that the Quitclaim Deed be executed to Sam Perricone, Mary Perricone, Seymour Owens, and Belle Owens. Motion carried. Payroll Warrant Register No. 359 covering claims and demands presented during the period of July 20th thru August 16th which includes Demand Nos. 4546 thru 4571 (both inclusive) drawn on the First Interstate Bank totaling $787,870.88 (Accounting period August 1986), was examined and audited. It was moved by Davis, seconded by McCormick, that Payroll Warrant Register No. 359, be approved and payment authorized for Demand Nos. 4546 thru 4571 (both inclusive), in the amount of $787,870.88, with no exceptions. Motion carried. Warrant Register No. 701 covering claims and demands presented during the period of September 1 thru 15, 1986 which includes Demand Nos. 9797 thru 9971 (both inclusive) excluding Void Demand Nos. listed below and excluding Light & Power Demands drawn on the First Interstate Bank totaling $106,271.09 (Accounting Period September 1986): 9813 9830 9833 9901 OB~9 City Council Minutes Page 7 September 16, 1986 9831 9832 was examined and audited. 9928 9948 It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 701 be approved and payment authorized for Demand Nos. 9797 thru 9971 (both inclusive), excluding Void Demands Nos. as listed above in the amount of $106~27l.09, with no other exceptions. Motion carried. 1 Warrant Register No. 701 covering claims and demands pre- sented during the period of September 1 thru 15, 1986 which includes Light & Power Demand Nos., as listed below, drawn on the First Interstate Bank totaling $ 4,680,028.69 (Accounting period September 1986): 9799 9805 9811 9812 examined and 9821 9823 9825 9861 audited. 9862 9867 9873 9875 9881 9902 9906 9929 9943 9949 9950 9956 9962 9971 was It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 701 be approved and payment authorized for Light & Power Demand Nos. as listed above in the amount of $4,680,028.69, with no exceptions. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Communication from Victor Vaits, Director of Community Services, dated September 15, 1986, was presented, requesting authority and funds for Fred Tachovsky to attend the Southern California Chapter, International Association of Electrical Inspectors to be held on Friday, September 19., 1986 in San Diego, Calif. with a cost of $49 which includes mileage and registration. It was moved by Davis, seconded by Ybarra, that authority be granted to issue a warrant to Fred Tachovsky to attend the Southern California Chapter, International Association of Elec- trical Inspectors to be held on Friday, September 19., 1986 in San Diego, California. Motion carried. I Communication from David Brearley, City Attorney, dated September 12, 1986, was presented, advising of a request from the Western Area Power Administration ("WAPA") for additional applications for power (capacity and energy) available from the Navajo Generating Station. The studies prepared by staff indicate that we could easily accommodate an approximate application for ten percent (10%) of the power available, which would equal capacity in some months of approximately 42 megawatts. The City Attorney recommends that the City Council authorize staff to file an application in accordance with the ~otice published in the Federal Register and authorize the City Administrator to execute the same on behalf of the City. It was moved by Gonzales, seconded by Ybarra, that the Com- munication from David Brearley, City Attorney, dated September 12, 1986, be received and filed and that the staff be authorized to file an application in accordance with the Notice published in the Federal Register. Motion carried. Communication from Robert F. Kuhnert, Head Deputy, Norwalk Branch Office of the District Attorney, dated September 10, 1986 was presented, transmitting a sample city council resolution and requesting the City's support of an effort of District Attorney Ira Reiner to achieve appropriate sentences for those who are selling drugs. A 77'') (./.5 ( It was moved by McCormick, seconded by Davis, that the Communication from Robert F. Kuhnert, Head Deputy, be received and filed. Motion carried. City Council Minutes Page 8 September 16, 1986 Communication from Bruce V. Malkenhorst, City Clerk, dated, September 12, 1986, was presented, requesting authority and funds for himself, and Councilmen Thomas Ybarra, Bill Davis, William McCormick, and Larry Gonzales to attend the National League of Cities Conference to be held on November 29 to December 2, 1986 in San Antonio, Texas with an expense allowance of $938. It was moved by Davis, seconded by Ybarra, that authority be granted for Bruce Malkenhorst, Thomas Ybarra, Bill Davis, William McCormick, and Larry Gonzales to attend the National League of Cities Conference to be held on November 29 to December 2, 1986 in San Antonio, Texas with an expense allowance of $938. Motion carried. 1 Communication from Bruce V. Malkenhorst, City Clerk, dated September 15, 1986, was presented, requesting authority and funds be approved in the amount of $1300 to cover registration fees for himself, and Councilmen Thomas Ybarra, William Davis, Larry Gonzales, and Michael McCormick to attend the National League of Cities Conference in San Antonio, Texas, on November 29 to December 2, 1986. It was moved by McCormick, seconded by Ybarra, that authority be granted for a warrant in the amount of $1300 be issued to cover registration fee for Bruce Malkenhorst, Thomas Ybarra, William Davis, Larry Gonzales, and Michael McCormick to attend the National League of Cities Conference in San Antonio Texas, on November 29 to December 2, 1986. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 16, 1986, was presented, transmitting the minutes of the Adjourned Regular Personnel Committee Meeting held September 15, 1986, for your approval of recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the minutes of the Adjourned Regular Personnel Committee meeting held September 15, 1986, be approved as written and recommen- dations contained therein be adopted. Motion carried. RESOLUTION NO. 5321 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Power Sales Agreement By and Between the City of Vernon and the Department of Water Resources of the State of California ("DWR"), was presented. I It was moved by McCormick, seconded by Gonzales, that Resolution No. 5321 be approved and adopted. Motion carried. 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. RESOLUTION NO. 5328 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Phase II Task Assignment 2A of the Consulting Services Agreement Entered Into on May 6, 1986 By and Between the City of Vernon and Resource Management International, Inc., ("RMI") for Bear Butte Hydro Electric Project, was presented, It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5328 be approved and adopted. Motion carried. 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. RESOLUTION NO. 5329 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Agreement ("MOA") Between the City of Vernon and the U. S. Forest Service, United States Department of Agriculture, for Performing Various Studies on U.S. Forest Service Property for Bear Butte Hydro Electric Project FERC No. 8444, was presented. 6/37/ City Council Minutes Page 9 September 16, 1986 It was moved by McCormick, seconded by Ybarra, that Resolution No. 5328 be approved and adopted. Motion carried. 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. Communication from Dolores M. Petullo, General Manager of the Chamber of Commerce, dated September 15, 1986, was presented submitting the following names for representation by the Chamber to the Ad-Hoc Committee for the Master Plan of the City of Vernon: I David L. Hirsch, Attorney, Norris Industries Charles DiMascio, Plant Manager, Aluminum Co. of America It was moved by Ybarra, seconded by Davis, that the comun- ication of Dolores M. petullo be received and filed. Motion carried. RESOLUTION NO. 5331 - A Resolution of the City of the City of Vernon Setting the Time and Place for A Regular Council Meeting of the City Council of the City of Vernon and Setting the Place of Meeting for Committees or Commissions of the City of Vernon was presented. It was moved by McCormick, seconded by Davis, that Reso- lution No. 5331 be approved and adopted. Motion carried. I The City Attorney requested authorization from the City Council to provide notice to Southern California Edison Company regarding the City's operation of nonintegrated resources. He recommended that the City provide notice to Southern California Edison Company that Vernon will purchase from the Department of Water Resources of the State of California 15 MW of capacity to be operated as a nonintegrated resource in place of Vernon's previous noticed capacity which was to be purchased from Pasadena and purchase an additional 11.25 MW of capacity from the Department of Water Resources of the State of California to sub- stitute or the capacity which was to be purchased in accordance with the Third AC line Memorandum of Understanding. He further indicated that Edison should be given notice that the 11.25 MW of capacity to be purchased from the Department of Water Resources from January I, 1987 through September 30, 1987 will be supplied internally by Vernon by the acquisition and installation of two gas turbines and it is anticipated that the turbines will be operational on or about October I, 1987. He also advised the Council that notice should be given to Edison that the City intends to operate the proposed Bear Butte facility as a non-integrated resource providing 'capacity and associated energy to the City on or about January I, 1993, and that the City anticipates receiving 42 MW of capacity and associated energy from said resource in accordance with the report prepared by Resource Management International, Inc. It was moved by Ybarra, seconded by McCormick, that the City Attorney's recommendations be approved and that he be authorized to provide the appropriate notice to Southern California Edison Company. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. At this time the Mayor declared a recess, the time being 6:10 pm. The City Council reconvened in regular session, the time being 6:20 pm, all members present before the recess again being present. At this time the Mayor opened the Evendentiary Hearing on the Application for PERS Disability Retirement of Ronald L. Cummings (continued from June 24, 1986) A court reporter was present and transcribed the proceedings which occurred. 6/37:1- .... City Council Minutes page 10 September 16, 1986 Lloyd Schultz responded to the Administrative Subpoena to testify. The Mayor declared that the Evendentiary Hearing in the matter of Ronald Cummings' application for a PERS Disability Retirement be adjourned to October 7, 1986 at 5:30 pm to be held in the Lunch Room of the Community Services Facility located at the northwest corner of the City Hall property located at 4305 Santa Fe Avenue, Vernon. 1 At this time it was moved by McCormick, seconded by Ybarra, that the Council go into closed session pursuant to Government Code Section 54956.9(a), the time being 7:33 pm. Motion carried. All persons with the exception of the City Attorney, and the City Clerk were excluded from closed session. The Mayor ordered all commmunications to and from closed session deemed privileged and confidential. Councilman Davis was excused at 7:42 pm. Councilman Davis resumed his seat on the Council, the time being 8:00 pm. It was moved by McCormick, seconded by Ybarra, that the council go out of closed session and resume regular session, the time being 8:01 pm. Motion carried. Communication from David B. Brearley, City Attorney, dated September 16, 1986, was presented, indicated that the previous Stipulation authorized by the Council on August 5, 1986, respecting Arthur Miekosz v. City of Vernon, WCAB Case Nos. 85 LB 150035/150010, based upon a permanent disability rating of 40%, was incorrect--that the permanent disability rating should have been 54%. The City Attorney presented proposed corrected Stipulations with Request for Award and Award respecting said Workers' Compensation Appeals Board case and recommended to the City Council that said Stipulations be approved with a permanent disability rating of 54%. It was moved by Gonzales, seconded by Ybarra, that the proposed corrected Stipulation with Request for Award and Award in the case of Arthur Miekosz v. City of Vernon, WCAB Case Nos. 85LB 150035/i500l0, with a permanent disability rating of 54%, be approved, and the City Attorney be authorized to execute said Stipulations with Request for Award and Award on behalf of the City of Vernon. Motion carried. I It was moved by McCormick, seconded by Davis, that authority be granted to purchase a Xerox model 1050 photo- copier at an approximate cost- of $13,046.25. Motion carried. RESOLUTION NO. 5332 - A Resolution of the City Council of the City of Vernon Expressing Its Condolences Upon the Death of Genevieve H. Anderson and Expressing Its Appeciation for her Devoted Work as a Member of the City Council of the City of Vernon. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5332 be approved and adopted. Motion carried. There being no further business to come before the Council, at this time it was moved by McCormick, seconded by Ybarra, that the meeting adjourn in Memory of Mrs. Genevieve Anderson. Motion carried. ~~~ - e..o.nis C. Malbur , Mayor ATTEST: ._. -.' ~ t~V~ . Bruce V. Malkenhorst, City C~erk o /173