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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 ..-cO I 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. 1816 I I 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 1817 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. I 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 I 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 1818 I I 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. 1319 I I City Council Minutes page 15 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: rf ~'~ ~e4:;t . . .L onis C. Malburg Mayor /: Bruce V. Malkenhorst City Clerk 182..0