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19861118 Regular City Council Meeting - Minutes 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 Tuesday, November 18, 1986 AT 2:00 P.M. 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, CALIFORNIA, WAS ADJOURNED TO TUESDAY, November 18, 1986 at 4:lj5 p.m. to be held in the LUNCH ROOM OF THE COMMUNITY SERVICES FACILITY LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA 1!M~~1~ V. ~dd~d IJ MINUTES OF AN ADJOURNED REGULAR CITY COUNCIL MEETING HELD NOVEMBER 18, 1986 AT 4:45 P.M. IN THE LUNCH ROOM OF THE COMMUNITY SERVICES DEPARTMENT LOCATED AT THE NORTHWEST CORNER 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. It was moved by Davis, seconded by Gonzales, that the minutes of the Adjourned Regular City Council Meeting held November 4, 1986, be approved as written. Motion carried. I Police Department Activity Report for the period November 1 thru IS, 1986, was presented. It was moved by McCormick, seconded by Ybarra, that the Police Department Activity Report for the period November 1 thru IS, 1986 be received and filed. Motion carried. Fire Department Activity Report for the period November 1 thru 15, 1986, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period November 1 thru IS, 1986 be received and filed. Motion carried. Health Department Report for the month of October, 1986, was presented. It was moved by Ybarra, seconded by Davis, that the Health Department Report for the month of October, 1986 be deferred. Motion carried. Communication from George Diez-Sands, owner of the Metropolitan Traffic School, dated October 24, 1986, was presented, requesting permission to use our Council Chambers for traffic school meetings, to be held on Saturdays from 9:00 to 5:00, twice a month, beginning in May of '87. It was moved by Gonzales, seconded by Ybarra, that the request from George Diez-Sands regarding the use of the Council Chambers be denied. Motion carried. Communication from Victor Vaits, Director of Community Services, dated November 6, 1986, was presented, requesting authority and funds for Fred Tachovsky, a Senior Electrical Inspector, to attend the seminar of the Southern California Chapter of the Inter- national Association of Electrical Inspectors on November 19, 1986 in Ventura, California with an expense allowance of $40.50. I It was moved by McCormick, seconded by Davis, that authority be granted to issue a warrant to Fred Tachovsky, in the amount of $40.50 to attend the seminar of the Southern California Chapter of the International Association of Electrical Inspectors on November 19, 1986 in Ventura, California. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated November 12, 1986, was presented, transmitting the minutes of the Adjourned Regular Finance Committee Meeting held November 10, 1986, for approval of recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the minutes of the Adjourned Regular Finance Committee Meeting held November 10, 1986, be approved as written and recommendations contained therein be adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 13, 1986, was presented, transmitting the Ronald L. 6/396 I I City Council Minutes Page 2 November 18, 1986 Cummings transcripts from the Industrial Disability Hearings held on the following dates: March 18, 1986 April 15, 1986 June 24, 1986 July 15, 1986 September 16, 1986 October 7, 1986 and recommending that said transcripts be received and filed. It was moved by Davis, seconded by McCormick, that the Ronald L. Cummings transcripts from the Industrial Disability Hearings held on the above mentioned dates, be received and filed. Motion carried. Communication from Victor Vaits, Director of Community Services, dated November 12, 1986, was presented, transmitting Contract No 478, Sweeping 1987-89, for consideration and recom- mending that said contract be approved and authority be granted to advertise for bids. RESOLUTION NO. 5343 - A Resolution of the City Council of the City of Vernon Approving Contract No. 478 and Authorizing Notice Inviting Sealed Proposals or Bids for Street Sweeping 1987-1989 in Accordance with Contract No. 478 of the City of Vernon, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5343 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 12, 1986, was presented, recommending the approval of a Letter Agreement for the purchase of replacement capacity in 1987 by Vernon from Southern California Edison Company for Vernon's city capacity resource. It was moved by Ybarra, seconded by McCormick, that the afore- mentioned recommendation from the City Clerk, be approved and be received and filed. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it's reasonably foreseeable that the decision will have a material financial effect on his source of income. RESOLUTION NO. 5341 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement By and Between the City of Vernon ("Vernon") and the Southern California Edison Company ("Edison") Providing for the Purchase of Replacement Capacity by Vernon From Edison for the City Capacity Resources Integrated by Vernon (Entitlements in Palo Verde Units 1, 2, and 3), was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5341 be approved and adopted. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it's reasonably foreseeable that the decision will have a material financial effect on his source of income. RESOLUTION NO. 5342 - A Resolution of the City Council of the City of Vernon Changing the Energy Cost Adjustment Billing Factor Computation Method Which Establishes An Energy Cost Adjustment Rate Charged for Electrical Energy Distributed and Supplied to the Electrical Consumers, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5342 be deferred. Motion carried. PAYROLL WARRANT REGISTER NO. 361 - covering claims and demands presented during the period of September 14, thru October 11, 1986 which includes demand Nos. 4605 thru 4630 (both inclusive) drawn on the First Interstate Bank totaling $770,012.95 (accounting period October 1986), was examined and audited. 0/39 f.o I I City Council Minutes November 18, 1986 Page 3 It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 361, be approved and payment authorized for demand Nos. 4605 thru 4630 (both inclusive) in the amount $770,012.95, with no exceptions. Motion carried. WARRANT REGISTER NO. 705 - covering claims and demands presented during the period of November 1 thru 15, 1986, which includes Demand Nos. 10596 thru 10805 (both inclusive) excluding Void Demand Nos. 10660 thru 10666, 10671, and 10765, and excluding Light and Power Demands drawn on the First Interstate Bank totaling $1,131,362.73 (accounting period November 1986), was examined and audited. It was moved by Ybarra, seconded by Davis, that Warrant Register No. 705 be approved and payment authorized for Demand Nos. 10596 thru 10805 (both inclusive) excluding Void Demand Nos. 10660 thru 10666, 10671, and 10765, and excluding Light and Power Demands in the amount of $1,131,362.73, with no other exceptions. Motion carried. WARRANT REGISTER NO. 705 - covering claims and demands presented during the period of November 1 thru 15, 1986, which includes Light and Power Demand Nos. as listed below drawn on the First Interstate Bank totaling $3,540,969.30 (accounting period November, 1986): 10629 10694 10720 10776 10805 10631 10698 10741 10779 10632 10706 10747 10783 10637 10709 10749 10794 10639 10715 10766 10801 10641 10717 10775 10802 was examined and audited. It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 705 be approved and payment authorized for Light & Power Demands Nos. as listed above in the amount of $3,540,969.30 with no other exceptions. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified him- self because it's reasonably foreseeable that the decision will have a material financial effect on his source of income. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 13, 1986, was presented, recommending that the following personnel actions be approved: I. REIMBURSEMENT Firefighter Daniel Simon be reimbursed $62.49 from the Education and Training Appropriation Account, for satisfactory completion of college courses taken in connection with his position. It was moved by Gonzales, seconded by Ybarra, that Firefighter Daniel Simon be reimbursed $62.49 from the Education & Training Appropriation Account. Motion carried. Environmental Specialist Lewis Pozzebon be reimbursed $260 from the Education and Training Appropriation Account for his satisfactory completion of college courses relative to his position with the city. It was moved by McCormick, seconded by Davis, that Lewis Pozzebon be reimbursed $260 from the Education and Training Appropriation Account. Motion carried. II. RECLASSIFICATION Communications Operator (Dispatcher), Theresa Nicholas be reclassified to Transcriber Typist, Step 3, with a new monthly salary of $1667 effective November 23, 1986. 61391 I I City Council Minutes Page 4 November 18, 1986 It was moved by Davis, seconded by Ybarra, that Theresa Nicholas be reclassified to Transcriber Typist, Step 3, effective November 23, 1986. Motion carried. III. HIRE Martha Servin on a temporary basis with an hourly wage of $5.25, assigned to the Police Department Records Bureau, effective November 17, 1986. It was moved by McCormick, seconded by Gonzales, that Martha Servin be hired on a temporary basis effective November 17, 1986 with an hourly wage of $5.25. Motion carried. Communication from Norman J. Michiels, Director of Environ- mental Health, dated October 28, 1986, was presented, requesting authority and funds for himself to attend the Hazardous Materials Inspection and Enforcement Seminar on December 4, 1986, in Newport Beach, California, with a registration fee of $85.00. It was moved by Ybarra, seconded by Davis, that authority be granted to issue Norman J. Michiels a warrant in the amount of $85.00 to attend the Hazardous Materials Inspection and Enforce- ment Seminar on December 4, 1986, in Newport Beach, California. Motion carried. It was moved by Ybarra, seconded by McCormick, that the City Council go into Closed Session pursuant to Government Code Section 54957 the time being 5:40 P.M. Motion carried. All persons with the exception of the City Attorney; City Clerk; Luis Espinoza, Chief of Police; and Police Captain Rosenkrantz were excused from Closed Session. The Mayor ordered all communications to and from the Closed Session be deemed privileged and confidential. It was moved by Gonzales, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 5:55 p.m. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session pursuant to Government Code Section 54956.9(a), 54956.9(b)(1) the time being 5:57 p.m. Motion carried. All persons with the exception of the City Attorney and the City Clerk were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session be deemed privileged and confidential. Councilman Davis was excused from Closed Session, the time being 6:01 p.m. Councilman Davis resumed his seat on the Council, the time being 6:50 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:55 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the claim of Mr. Frank R. Ramirez in the amount of $621 for property damage (vehicle) resulting from an accident on November 1, 1986, be approved contingent upon Mr. Ramirez signing a full release. Motion carried. It was moved by Ybarra, seconded by McCormick, that the claim of Pedro Morales in the amount of $501.56 for property damage (vehicle) resulting from an accident on July 17, 1986 be approved contingent upon Mr. Morales signing a full release. Motion carried. {J139Y I I "'V" City Council Minutes Page 5 November 18, 1986 The City Attorney explained that the Southern California Edison Company (SCE) had tendered for filing on October 17, 1986, a modification of Table 1 of Appendix B of the Vernon/SCE Integrated Operations Agreement relating to the Palo Verde Nuclear Generating Station. Said filing is designated as Ferc Docket No. ER87-3S-000. He recommended that the City Council ratify his authorization of the filing of a petition to intervene in said matter to protect the City's interests in said issue. It was moved by McCormick, seconded by Gonzales that the City Attorney's recommendation be approved and that the filing of a petition to intervene in FERC Docket No. ER87-3S-000 be ratified and approved. Motion carried. Councilman Davis abstained from voting on said motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. The City Attorney reported that the Administrative Law Judge (ALJ) of the Federal Energy Regulatory Commission (FERC) issued his opinion in FERC Docket No. ER79-lS0, Phase II, Price Squeeze, which denied the City of Vernon's claim for price squeeze relief. He recommended that the City of Vernon file a Brief on Exceptions to the initial decision with the FERC excepting from the ALJ's initial decision. It was moved by Ybarra, seconded by McCormick that the City Attorney's recommendation be approved and that he be authorized to file a Brief on Exceptions before the FERC contesting the determin- ation of the ALJ's initial decision in FERC Docket No. ER79-lS0, Phase II, Price Squeeze. Motion carried. Councilman Davis abstained from voting on said motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. It was moved by Davis, seconded by McCormick, that approval be granted for the City Administrator/City Clerk to have the use of Limousine Service during the month of December 1986. Motion carried. It was moved by Ybarra, seconded by McCormick, that there being no further business to come before the Council the meeting adjourn. Motion carried ATTEST: t5/1M-tL / 4L4~ Bruce V. Malkenhorst, City Clerk , ,--, 0/399