19870616 Regular City Council Meeting - Minutes
I
I
28313G
NOTICE OF OF ORDER 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 HELD TUESDAY, JUNE 16, 1987, AT 4:45 P.M. IN
THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE COUNCIL
(ALL MEMBERS PRESENT) TO TUESDAY, JUNE 30, 1987, AT 5:00 P.M. TO
BE HELD IN THE COUNCIL CHAMBERS OF CITY HALL.
! ! I ,/ 1/ ';"
/-' , , . / . '/ / ii..! Pi' .j~//
\;'"' .1; /"i .,J,/,',! ,-':C, 1f./ / ,/'. ;' ''.;,
:/ ../ <. .'/ " .'....1, 1.<, ; ,,", 7(A/
Bruce V. Malkenhorst ~
City Clerk
I / II I,. ..', ~
BY: ,', lI( " l C. :( G(/()
Gloria Orosco
Chief Deputy City Clerk
283129
MINUTES OF A REGULAR CI1Y COUNCIL MEETING
OF THE CITY OF VERNON HELD JUNE 16, 1987, 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, McCormick, Gonzales
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Gonzales, that the
minutes of the City Council meeting held June 2, 1987, be approved
and adopted. Motion carried.
At this time the Mayor asked if anyone wished to address the
City Council regarding any items listed on today's agenda.
There was no one present in the audience.
The consideration of a letter of intent to extend the Power
Sale Agreement between the Department of Water Resources of the
State of California and the City of Vernon to enable Vernon to
purchase capacity and energy from the Department of Water Resources.
This letter of intent is intended to form the basis of an amendment
to the existing Power Sale Agreement to be developed further by the
City of Vernon and the Department of Water Resources. It is hereby
recommended that the approval of the letter of intent to extend the
Power Sale Agreement be granted and request authority to provide
notice to Southern California Edison Company of said purchase, and
also recommending the adoption of the following resolution (deferred
from the City Council meeting of June 2, 1987):
RESOLUTION NO. 5396 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Letter of Intent to extend the Power Sale Agreement Between the
Department of Water Resources of the State of California and the
City of Vernon to Provide for the Purchase of Capacity and Energy
and to Provide Notice to Southern California Edison Company of Said
Purchase (deferred from the City Council meeting of June 2, 1987),
was presented.
It was moved by McCormick, seconded by Gonzales, that the
matter of a letter of intent to extend the Power Sale Agreement
between the Department of Water Resources of the State of California
and the City of Vernon to enable Vernon to purchase capacity and
energy from the Department of Water Resources and Resolution No.
5396 be deferred to Closed Session.
Police Department Activity Log for the period of June 1 thru
15, 1987, was presented.
It was moved by McCormick, seconded by Davis, that the Police
Department Activity Log for the period of June 1 thru 15, 1987 be
received and filed. Motion carried.
Fire Department Activity Report for the period of June 1 thru
15, 1987, was presented.
It was moved by Ybarra, seconded by Gonzales, that the Fire
Department Activity Report for the period of June 1 thru 15, 1987 be
received and filed. Motion carried.
Health Department Report for the month of May 1987, was
presented.
It was moved by Davis, seconded by Gonzales, that the Health
Department Report for the month of May 1987 be received and filed.
Motion carried. 00149~
283130
City Council Minutes
page 2
June 16, 1987
Communication from Michael D. Antonovich, Chairman of the
Board of Supervisors for the County of Los Angeles, dated May 20,
1987 requesting that the City of Vernon consider adopting an
ordinance to require new service stations within the County's
jurisdiction to provide restrooms for their customers, was
presented.
It was moved by Gonzales, seconded by Davis, that
aforementioned communication be received and filed. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated June 10, 1987, was presented, transmitting the
agenda for the Personnel Committee Meeting to be held June 15, 1987,
and recommending approval of recommendations contained thereon.
It was moved by McCormick, seconded by Ybarra, that the
items listed on the agenda for the Personnel Committee meeting held
on June 15, 1987 be approved as recommended by the Personnel
Committee. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated June 10, 1987, was presented, transmitting the agenda
for the Adjourned Regular Finance Committee Meeting to be held June
15, 1987, and recommending approval of recommendations contained
thereon.
It was moved by Gonzales, seconded by Davis, that the items
listed on the agenda for the Adjourned Regular Finance Committee
meeting be deferred to next City Council meeting. Motion carried.
Communication from Frank Claunch, Acting Fire Chief, dated
June 10, 1987, was presented, requesting authority and funds for
Acting Battalion Chief Lynn Telford to attend the Haztech Systems
Inc., in Los Angeles, on June 26, 1987 with an expense allowance of
$135.00.
It was moved by Ybarra, seconded by McCormick, that
authority be granted to issue Acting Battalion Chief Lynn Telford a
warrant in the amount of $135.00 to attend the Haztech Systems Inc.,
on June 26, 1987. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 10, 1987, was presented, advising of an agreement from Los
Angeles County for the Examination of Tract and Parcel Maps for the
1987-88 fiscal year. The agreement will be automatically renewed at
the end of each fiscal year, however, it does allow for the City to
terminate the agreement by notifying the County 30 days prior to
close of any fiscal year; the County may terminate at any time after
giving the City 30 days notice. This agreement has been reviewed by
the Director of Community Services and it is hereby recommended that
said agreement be approved.
It was moved by Gonzales, seconded by Ybarra, that the
agreement from Los Angeles County for the Examination of Tract and
Parcel Maps for the 1987-88 fiscal year be approved. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 10, 1987, was presented, advising of an agreement from L.A.
Hanson for frontage improvements along 4550 Maywood Avenue; this
agreement includes concrete removal, new curb, gutter, sidewalk and
property line joins. Said agreement has been reviewed by the
Director of Community Services and it is hereby recommended that it
be approved.
It was moved by Ybarra, seconded by McCormick, that the
agreement from L.A. Hanson for frontage improvements along 4550
Maywood Avenue be approved. Motion carried.
0015
v
283131
City Council Minutes
page 3
June 16, 1987
The consideration of a Special Use Permit for an
Experimental and Demonstration permit relating to the Bear Butte
Hydroelectric Project on the Pineridge Ranger District for the
purpose of conducting archaeological inventory and ethnographic
research in conjunction with the proposed Bear Butte Hydroelectric
Project between the City of Vernon and the Forest Service, U.S.
Department of Agriculture. In consideration for this use, the City
of Vernon would pay the Forest Service the sum of $30 plus a fee
of $2 per field day. Said Special Use Permit was reviewed by Staff
and it is hereby recommended to approve said Permit and adopt the
following resolution; and also authorize payment of fees in
accordance with said Special Use Permit.
It was moved by McCormick, seconded by Ybarra that the
Special Use Permit for an Experimental and Demonstration permit
relating to the Bear Butte Hydroelectric Project and payment of fees
be approved. 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. 5398 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Special Use Permit Between the City of Vernon and the Forest
Service, U.S. Department of Agriculture Respecting the Bear Butte
Hydroelectric Project, FERC No. 8444, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 5398 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.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 8, 1987, was presented, recommending that a Resolution be
adopted amending the Independent Cities Risk Management Authority
Joint Exercise of Powers Agreement which will allow for the addition
of new members; Monrovia and Colton.
It was moved by McCormick, seconded by Ybarra that the
afore- mentioned communication recommending that a Resolution be
adopted amending the Independent Cities Risk Management Authority
Joint Exercise of Powers Agreement be approved, and received and
filed. Motion carried.
At 5:25 P.M. the Mayor declared a recess.
At 5:47 P.M., the City Council reconvened to Regular
Session, all members present before the recess, again being present.
RESOLUTION NO. 5399 - A Resolution of the City Council of
the City of Vernon Approving an Amendment to the Independent Cities
Risk Management Authority Joint Powers Agreement to Provide for the
Admittance to Membership of the Cities of Colton and Monrovia;
Approving and Authorizing Validation Proceedings and Designating
City Representatives, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 5399 be approved and adopted. Motion carried.
Communication from Victor Vaits, Director of Community
Services, dated June 9, 1987, was presented, advising that Contract
No. 473, Sunol Drive and Ayers Avenue Reconstruction, Bandini
Boulevard Median, has been completed; the total contract price is
$609,620.72. A final partial payment of $1,183.55 is now due and
payable, with the remaining 10~ of $60,962.07 due thirty-five (35)
00150~
I
283132
City Council Minutes
page 4
June 16, 1987
~.
days after acceptance. It is hereby recommended that the work be
accepted, and that authority be granted to pay Excel Paving Company,
2230 Lemon Avenue, P.O. Box 16405, Long Beach, California, 90806-
5195, in accordance with Contract No. 473.
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication regarding Contract No. 473 be received
and filed and that the work be accepted and authority be granted to
pay Excel Paving Company. Motion carried.
RESOLUTION NO. 5400 - A Resolution of the City Council of
the City of Vernon Accepting the Work of Sunol Drive and Ayers
Avenue Reconstruction and Bandini Boulevard Median, in Accordance
with Contract No. 473 of the City of Vernon, was presented.
It was moved by Davis, seconded by Ybarra, that Resolution
No. 5400 be approved and adopted. Motion carried.
Communication from Lew Adams, Director of Water & Power
Department, dated June 11, 1987, was presented, submitting for your
review "Amendment No. 1 to the Contract Between City of Vernon and
Department of Water and Power of the City of Los Angeles for Palo
Verde Nuclear Generating Station Transmission Service Agreement."
The original agreement provided for Riverside, under a separate
agreement, to act as billing agent for the cities of Azusa, Banning,
Colton and Vernon. This separate agreement was not completed and
Vernon proceeded alone. This amendment corrects the agreement to
conform with. actual practice. It is hereby recommended that said
amendment be approved.
It was moved by Ybarra, seconded by Davis, that "Amendment
No. 1 to the Contract Between City of Vernon and Department of Water
and Power of the City of Los Angeles for Palo Verde Nuclear
Generating Station Transmission Service Agreement" be approved and
that the communication be received and filed. Motion carried.
RESOLUTION NO. 5401 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Amendment No. 1 to the Contract Between the City of Vernon and The
Department of Water and Power of the City of Los Angeles for Palo
Verde Nuclear Generating Station Transmission Service Agreement, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5401 be approved and adopted. Motion carried.
Communication from Lewis Adams, Director of Water & Power
Department, dated June 11, 1987, was presented, submitting for your
review the Associate Member Agreement wherein Vernon would join the
regional agency entitled Underground Service Alert of Southern
California with annual dues being $70. This agreement is in
accordance with AB 3020 which was approved by the Governor on
September 9, 1986. It is hereby recommended that the agreement be
approved and that the Mayor execute same.
It was moved by Gonzales, seconded by Davis, that the
Associate Member Agreement be approved and that communication be
received and filed.
RESOLUTION NO. 5402 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Associate Member Agreement Between the City of Vernon and
Underground Service Alert of Southern California ("USA-SC")
Requesting Associate Membership in Said Regional Notification Center
Pursuant to AB 3020 and Ratifying the Articles of Incorporation, By-
Laws and Operating Procedures of USA-SC, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 5402 be approved and adopted. Motion carrtrd150k.
I
I
283133
ity Council Minutes
age 5
June 16, 1987
Communication from Bruce V. Malkenhorst, City Clerk, dated
June II, 1987, was presented, advising that staff has pursued the
matter of obtaining engineering firms to perform an appraisal of
California Water Service Company's facilities within the City of
Vernon. At this time we have only received a proposal from James M.
Montgomery, Consulting Engineers, Inc., which has been transmitted
for your review. This proposal has been reviewed by the Director of
Water & Power and it is hereby recommended that said proposal be
accepted and the Mayor authorized to execute same.
It was moved by Ybarra, seconded by Davis, that
aforementioned communication in the matter of obtaining engineering
firms to perform an appraisal of California Water Service Company's
facilities within the City of Vernon be deferred to next City
Council Meeting. Motion carried.
Warrant Register No. 719 covering claims and demands during
the period of June 1 thru 15, 1987 which includes demand Nos. 13147
thru 13368 (both inclusive) and Demand No. 13032 in the amount of
$398.50, excluding Void Demand Nos. 13149, 13182 thru 13185 and
excluding Light and Power Demands, drawn on the First Interstate
Bank totaling $149,048.57 (Accounting Period June 1987), was
examined and audited.
It was moved by Davis, seconded by Ybarra, that Warrant
Register No. 719 be approved and payment authorized for Demand Nos.
13147 thru 13368 (both inclusive) and Demand No. 13032 in the amount
of $398.50, excluding Void Demand Nos. 13149, 13182 thru 13185 and
excluding Light and Power Demands, in the amount of $149,048.57.
Motion carried.
Warrant Register No. 719 covering claims and demands
presented during the period of June 1 thru 15 1987 which includes
Light & Power Demand Nos. as listed below, drawn on the First
Interstate Bank totaling $3,625,718.08 (accounting Period
June 1987) was examined and audited:
13151
13156
13167
13168
13176
13300
13303
13310
13319
13328
13333
13334
13336
13350
13362
13365
13366
13177
13179
13180
13207
13218
13234
13242
13246
13256
13272
13373
13278
13282
13287
13292
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 719 be approved and payment authorized for
Light and Power Demand Nos. as listed above, in the amount of
$3,625,718.08 with no other 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.
The consideration of letters of intent to purchase capacity
and energy from the Department of Water and Power of the City of
Los Angeles, the City of Pasadena, the Salt River project, the
Pacific Gas and Electric Company, and the Bonneville Power
Administration. It is anticipated that upon approval of the above
agreements, notice will be provided to the Southern California
Edison Company of said purchases and appropriate resolutions will
also be proposed with said agreements.
It was moved by McCormick, seconded by Gonzales, that the
matter of letters of intent to purchase capacity and energy from the
Department of Water and Power of the City of Los Angeles, the City
of Pasadena, the Salt River Project, the Pacific Gas and Electric
Company, and the Bonneville Power Administration, be deferred to
Closed Session. Motion carried.
00150J
I
I
283134
City Council Minutes
page 6
June 16, 1987
At this time 6:35 P.M. the Mayor declared a recess.
The Council reconvened in Regular Session, the time being
7:05 P.M., all persons present before the recess again being
present.
It was moved by Ybarra, seconded by McCormick, that the City
Council recess to Closed Session pursuant to Government Code Section
54956.9 (b), the time being 7:05 P.M. Motion carried.
All persons with the exception of the City Attorney, the
City Clerk and the Director of Water and Power were excluded from
Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
The Director of Water and Power was excused from Closed
Session, the time being 7:40 P.M.
Councilman Davis was excused from Closed Session, the time
being 7:40 P.M.
Councilman Davis resumed his seat on the Council at 7:55
P.M.
It was moved by Ybarra, seconded by McCormick, that City
Council go out of Closed Session and resume Regular Session, the
time being 7:56 P.M.
The City Attorney reported that Edison has filed a
compliance filing with the Federal Energy Regulatory Commission in
Docket No. ER81-177 and indicated that Edison had not made all of
the adjustments as required by the Commission's final decision and
requested that the City Council authorize the City Attorney to
intervene in said compliance filing for the purpose of correcting
the compliance filing in order to obtain additional refunds for the
City of Vernon.
It was moved by Ybarra, seconded by McCormick, that the City
Attorney's recommendation be approved and that he be authorized to
intervene in the compliance filing in Docket No. ER81-177. 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.
The City Attorney reported that Edison had filed its new
rate case which included settlements with some of the resale cities
identified as FERC Docket No. ER87-483. Vernon did not settle with
Edison and therefore, objects to the rate level established by
Edison in the filing. He recommended that City Council approve the
City Attorney's intervention in said rate filing to protect the
City's interest and obtain a lower rate for the City's purchases of
capacity and energy from Edison.
It was moved by Gonzales, seconded by Ybarra, that the City
Attorney's recommendation be approved and that he be authorized to
intervene in FERC Docket No. 87-483. 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.
The City Attorney indicated to the Council that Edison had
refused to provide transmission to Vernon for its entitlement in
Boulder Canyon Project and recommended that the City request the
Judge in FERC Docket No. ER84-75 (phase II) to reopen the record to
consider Edison's recent conduct.
00150~
I
I
2&al~5
City Council Minutes
page 7
June 16, 1987
It was moved by McCormick, seconded by Gonzales, that the
City Attorney's request be approved and that he be authorized to
file a motion to reopen the record in FERC Docket No. ER-84-75
(phase II). 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.
The City Attorney also indicated that Edison had filed with
FERC an adjustment to the rates effective from 1986 through Ju~e of
1987 as established by the 1986 settlement agreement which provided
that changes in the income tax law would be reflected by an interim
filing in accordance with said changes. Edison's filing does not
make all the adjustments for the changes in the 1986 Federal Income
Tax Reform Act and therefore, recommended that he be authorized to
intervene in said action to raise issues to protect the City's
interest and reduce the City's rates.
It was moved by Ybarra, seconded by McCormick, that the City
Attorney's recommendations be approved and that he be authorized to
intervene in FERC Docket No. 87-365. 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.
The City Attorney reported that he had received offers to
sell capacity and energy to Vernon from Bonneville Power
Administration and California Department of Water Resources. Be
indicated that both these offers were the best offers available at
that time and requested that the City Council authorize the City
Administrator to execute these offers subject to approval of the
City Attorney.
It was moved by Gonzales, seconded by Ybarra, that the City
Attorney's recommendations be approved. 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.
It was moved by McCormick, seconded by Ybarra that the m~eting
adjourn to June 30, 1987 at 5:00 P.M.
ATTEST:
d:- /~~
Bruce V. Malkenhorst
City Clerk
00150