19881220 Regular City Council Meeting - Minutes
MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD DECEMBER
20, 1988 AT 4:45 P.M. IN THE COUNCIL
CHAMBERS OF THE CITY HALL LOCATED AT
4305 SANTA fE AVENUE, VERNON,
CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales
I
MEMBERS ABSENT:
McCormick
The meeting was called to order by Mayor Malburg.
The minutes of the Adjourned Regular City Council Meeting held
December 13, 1988, were not available and were deferred to the next
City Council Meeting for approval.
Police Department Activity Log for the period December 1
thru 15, 1988, was presented.
It was moved by Ybarra, seconded by Davis, that the Police
Department Activity Log for the period December 1 thru 15, 1988, be
received and filed. Motion carried.
Fire Department Activity Report for the period December 1
thru 15, 1988, was presented
It was moved by Gonzales, seconded by Davis, that the Fire
Department Activity Report for the period December 1 thru 15, 1988,
be received and filed. Motion carried.
Health Department Report for the month of November, 1988,
was presented.
It was moved by Ybarra, seconded by Davis, that the Health
Department Report for the month of November, 1988, be received and
filed. Motion carried.
At this time the Mayor asked if there was anyone in the
audience who wished to address the Council on any matters listed on
today's agenda.
council.
There was no one in the audience who wished to address the
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Communication from Fire Chief Larry Spadt, dated November
10, 1988, was presented, requesting authority and funds for Karon
Berry to attend Accelerated Computer Training for Wordstar 2000 in
Los Angeles on January 25 and 31, 1989 with an expense allowance of
$453.00.
It was moved by Ybarra, seconded by Davis, to grant
authority to issue warrant to Karon Berry in the amount of $453 for
her attendance to Accelerated Computer Training for Wordstar 2000 in
LOB Angeles January 25 and 31, 1989. Motion carried.
Communication from Victor VaitB, Director of Community
Services, dated November 9, 1988, was presented, requesting authority
and funds for Rose Gonzales to attend Accelerated Computer Training
for Wordstar 2000 in Los Angeles on January 25 and 31, 1989 with an
expense allowance of $453.00.
It was moved by Davis, seconded by Gonzales, to issue
warrant to Rose Gonzales in the amount of $453 for her attendance to
Accelerated Computer Training for Wordstar 2000 in Los Angeles January
25 and 31, 1989. Motion carried.
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City Council Minutes
page 2
December 20, 1988
Communication from David B. Brearley, City Attorney, dated
December 15, 1988, was presented, recommending that the City of
Vernon proceed to exercise its right to arbitrate in the ESI/Vernon
Operating Agreement in order to resolve disputes relating to records
and billings between Vernon, ESI and Edison.
It was moved by Gonzales, seconded by Ybarra, to defer the
aforementioned communication from the City Attorney to Closed Session
later this date. Motion carried.
Communication from David B. Brearley, City Attorney, dated
December 15, 1988, was presented, recommending that the City Council
approve the execution of a power sale agreement with the Department
of Water and Power of the City of Los Angeles ("LADWP") providing for
the purchase of capacity and associated energy from the LADWP
effective February 1, 1989,
The City Attorney briefly summarized his recommendation for
the City Council and recommended the following actions:
1. Rescind Resolution No. 5567
2. Rescind Resolution No. 5571
3. Approve Resolution No. 5580
4. Approve Resolution No. 5581
It was moved by Ybarra, seconded by Gonzales, that the City
Attorney's communication be received and filed and that his
recommendations be approved. Motion carried. Councilman Davis
abstained from voting 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 Gonzales, seconded by Ybarra, that
Resolution No. 5567 be rescinded. Motion carried. Councilman Davis
abstained from voting 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 Ybarra, seconded by Gonzales, that
Resolution No. 5571 be rescinded. Motion carried. Councilman Davis
abstained from voting and disqualified himself because it is
reasonably foreseeable that the decision will have a material
financial effect on his source of income.
RESOLUTION NO. 5580 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Agreement By and Between the Department of Water and Power of the
Ci ty of Los Angeles (" LADWP") and the City of Vernon Providing fOl:'
the Purchase of Capacity and Associated Energy Effective February 1,
1989, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 5580 be approved and adopted. Motion carried.
Councilman Davis abstained from voting and disqualified himself
because it is reasonably foreseeable that the decision will have a
material financial effect on his source of income.
RESOLUTION NO. 5581 - A Resolution of the City of Vernon
Approvirig and Authorizing the Execution of an Edison-Vernon LADWP
Firm Transmission Service Agreement and Letter Agreement Between the
City of Vernon and Southern California Edison Company, was presented.
It was moved by Ybarra, seconded by Gonzales, that
Reso~~tio~ No. .5581 be,approved and.adopted. Motion carried~
CouncllmaJl Davls abstalned from votlng and disqualified himself
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City Council Minutes
page 3
December 20, 1988
because it is reasonably foreseeable that the decision will have a
material financial effect on his source of income.
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Communication from Bruce V. Malkenhorst, City Clerk, dated
December 15, 1988, was presented, advising that Trammell Crow has
submitted a proposed Covenant, Agreement and Grant of Easements
encumbering their property shown on Tentative Parcel Map No. 19848.
The project is designed so that tenants on different lots will use
common driveways to access parking and truck loading areas on their
respective lots. Certain lots in Parcel No. 19848 will have excess
parking, and others will have a shortage of parking in relation to
the requirements of City Codes. This covenant will ensure that no
Lot in Parcel Map No. 19848 will be sold without fully satisfying all
City Code requirements. This covenant agreement has been reviewed by
the Director of Community Services and the City Attorney, and it is .
hereby recommended that said agreement be approved and the Mayor
authorized to execute same.
It was moved by Davis, seconded by Gonzales, to defer the
Trammell Crow matter to the next City Council Meeting. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
December 15, 1988, was presented, requesting authority and funds for
Mayor Pro-tern Thomas Ybarra to attend the League of California Cities
1989 Mayors and Councilmembers Orientation Institute in San Jose on
January 25 to 27, 1989 with an expense allowance of $798.
It was moved by Davis, seconded by Gonzales, that authority
be granted for Mayor Pro-tern Thomas Ybarra to attend the League of
California Cities 1989 Mayors and CouncilmembersOrientation
Institute in San Jose on January 25 to 27, 1989 with an expense
allowance of $798. Motion carried.
WARRANT REGISTER NO. 755 covering claims and demands
presented during the period of December 1 thru 15, 1988, which
includes Demand Nos. 20467 thru 20651 (inclusiv"e) excluding Void
Demand Nos. as listed below, excluding Light & Power Demands drawn on
the First Interstate Bank totaling $66,190.69 (Accounting Period
December, 1988), was examined and audited.
20467
20481
20490
20491
20492
20493
20494
20495
20496
20497
20498
20499
20500
20501
20502
20503
20504
20567
20606
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It was moved by Davis, seconded by Gonzales, that Warrant
Register No. 755 be approved and payment authorized for claims and
demandB totaling $66,190.69 excluding Light & Power Demands. Motion
carried.
WARRANT REGISTER NO. 755 covering claims and demands
presented during the period of December 1 thru 15, 1988, which
includes Light & Power Demand Nos., as listed below, drawn on the
First Interstate Bank totaling $5,481,027.25 (Accounting Period
December, 1988), was examined and audited.
20473
20476
20477
20480
20512
20516
20524
20525 20559 20591 20610 20633
20535 20561 20599 20611 20636
20544 20563 20600 20620 20639
20545 20565 20602 20621 20649
20551 20579 20603 20626
20552 20580 20605 20628
20556 20585 20607 20631
It was moved by Ybarra, seconded by Gonzales, that Warrant
Register No. 755 be approved and payment authorized for claims and
demands listed above totaling $5,481,027.25. Motion carried.
Councilman Davis abstained from voting and disqualified himself
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City Council Minutes
page 4
December 20, 1988
because it is reasonably foreseeable that the decision will have a
material financial effect on his source of income.
Communication from Bruce V. Malkenhorst, City Clerk, dated
December 15, 1988, was presented, advising that a meeting was held
with the Fire and Police Departments with regard to management of the
scene of a an on-highway hazardous spill. Section 2454 of the
California Vehicle Code states that the authority for the management
of said scene shall be vested in the appropriate law enforcement
agency having primary investigative authority on the highway where
the spill occurs. The Fire Department wishes to be placed in charge
of the management of such an incident and it is hereby recommended
that authority be granted for the City Attorney to prepare a
resolution transferring the scene management for hazardous material
spills from the law enforcement agency to the Fire Department.
It was moved by Ybarra, seconded by Davis, that the matter
concerning scene management for hazardous material spills be referred
back to the Police Department for further study. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated December 15, 1988, was presented, recommending that
the following personnel actions be approved:
I TERMINATION
Temporary employee, Louis Guerrero, be terminated effective
December 12, 1988..
It was moved by Ybarra, seconded by Davis, that Louis
Guerrero be terminated effective December 12, 1988.
II REIMBURSEMENT
Jerry Chavez, a Utilityman in the Water & Power Department,
be reimbursed $100 from the Education and Training Appropriation
Account for his satisfactory completion of a Water Quality and
Treatment Course taken in Hawthorne related to his position with the
city.
It was moved by Gonzales, seconded by Davis, that Jerry
Chavez be reimbursed $100 from the Education and Training
Appropriation Account for his satisfactory completion of a Water
Quality and Treatment Course related to his position with the city.
Motion carried.
Jeff Roland, a Utilityman in the Water & Power Department,
be reimbursed $100 from the Education and Training Appropriation
Account for his satisfactory completion of a Water Quality and
~reatment Course taken in Hawthorne related to his position with the
city,
It was moved by Ybarra, seconded by Gonzales, that Jeff
Roland be reimbursed $100 from the Education and Training
Appropriation Account for his satisfactory completion of a Water
Quality and Treatment Course related to his position with the city.
Motion carried.
It was moved by Ybarra, seconded by Gonzales, that the
Council recess to Closed Session pursuant to Government Code Section
54956.9(a), the time being 6:05 p.m. Motion carried.
All persons with the exception of the City Clerk and the
City Attorney were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
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City Council Minutes
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December 20, 1988
p.nL
Councilman Davis was excused from Closed Session at 6:23
p.m.
Councilman Davis resumed his seat on the Council at 7:09
It was moved by Ybarra, seconded by Gonzales, that the
Council go out of Closed Session and resume regular session, the time
being 7:10 p.m. Motion carried.
Communication from David B . Brearley, City Attorney, dated
December 15, 1988, was presented, recommending that the City of
Vernon proceed to exercise its right to arbitrate in the ESI/Vernon
Operating Agreement in order to resolve disputes relating to records
and billings between Vernon, ESI and Edison.
It was moved by Ybarra, seconded by Gonzales, that the above
communication from the City Attorney be received and filed. Motion
carried. Councilman Davis abstained from voting on this 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 Gonzales, seconded by Ybarra, that the City
Attorney'i recommendation that the City proceed to exercise its right
to arbitrate in the ESI/Vernon Operating Agreement in order to
resolve disputes relating to records and billings between Vernon,
ESI, and Edison be approved. Motion carried. Councilman Davis
abstained from voting on this 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 Ybarra, seconded by Gonzales, that the City
Attorney's office be granted authority to intervene on behalf of the
City of Vernon in Federal Energy Regulatory Commission Docket
EC-89-5-000. Motion carried. Councilman Davis abstained from voting
on this motion and disqualified himself because it is reasonably
foreseeable that the decision will have a material financial effect
on his source of income.
There being no further business to come before the Council
it was moved by Davis, seconded by Ybarra, that the meeting adjourn.
Motion carried.
ATTEST:
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~e4:;t . .
.L onis C. Malburg
Mayor
/:
Bruce V. Malkenhorst
City Clerk
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