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19910205 Regular City Council Meeting - Minutes I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 5, 1991 IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by Ybarra, seconded by Davis, that the minutes of the City Council Meeting held January 15, 1991, be approved as submitted and adopted. Motion carried. At this time the City Clerk announced the presentation of Service Pins. Mayor Pro Tem Thomas Ybarra presented a Service Pin to Mayor Leonis Malburg for his 35 years of service to the City. Mayor Malburg then proceeded to present Service pins to the following employees: Patricia Salerno, Secretary to the Director of Community Services - 10 years Lewis Pozzebon, Chief Deputy Director of Environmental Health - 5 years Jesus Martinez, Water & Power Dispatcher - 5 years The Mayor called a short recess at 5:10 p.m. The City Council reconvened in regular session at 5:15 p.m., all members present before the recess again being present. Police Department Activity Log for the period January 15 thru 31, 1991, was presented It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period January 15 thru 31, 1991, be received and filed. Motion carried. Fire Department Activity Report for the period January 15 thru 31, 1991, was presented. It was moved by McCormick, seconded by Gonzales, that the Fire Department Activity Report for the period January 15 thru 31, 1991, be received and filed. Motion carried. The City Clerk read the results of Bids opened earlier this date in accordance with Contract No. 506, Traffic Pavement Striping 1991: Pacific Striping Arrow Straight Marking Consley & Montigny Co. $27,178.89 23,235.05 35,350.85 It was moved by McCormiCk, seconded by Gonzales, that the bids for Contract No. 506 be referred to the Director of Community Services for review. 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 other than with regard to any Public Hearings that may be listed. There was no one present who wished to address the City Council on any matter on the Agenda at this time. '1~ ~ I City Council Minutes page 2 February 5, 1991 RESOLUTION NO. 5878 - A Resolution of the city Council of the City of Vernon Commending Andy Beltowski for his Many Years of Service to the City of Vernon, was read in full by the city Clerk. It was moved by Ybarra, seconded by Mccormick, that Reso- lution No. 5878 be approved and adopted. Motion carried. Communication from Louis Rosenkrantz, Police Chief, dated January 8, 1991, was presented, requesting authority and funds for Civilian Court Officer Hector Figueroa to attend the California Asso- ciation of Property/Evidence Officers Annual Conference in ontario, March 13-15, 1991, with an expense allowance of $295.00. It was moved by Davis, seconded by Ybarra, that authority be granted for Hector Figueroa to attend the California Association of Property/Evidence Officers Annual Conference in ontario, March 13- 15, 1991, with an expense allowance of $295.00. Motion carried. Communication from Louis Rosenkrantz, Police Chief, dated January 10, 1991, was presented, requesting authority and funds for Police Officer David Guy to attend the Criminal Investigation Course in Garden Grove, March 4-8, 1991, with an expense allowance of $658.56 of which $592.00 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Officer David Guy to attend the Criminal Investigation Course in Garden Grove, March 4-8, 1991, with an ex- pense allowance of $658.56. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated January 15, 1991, was presented, requesting author- ity and funds for Diesel Operators Art Reynoso and Richard Recano to attend the E.P.A. Air Pollution Control Recertification Training in San Diego, February 21, 1991, with an expense allowance of $79.00 and $121.50 respectively. It was moved by Ybarra, seconded by Davis, that authority be granted for Art Reynoso and Richard Recano to attend the E.P.A. Air Pollution Control Recertification Training in San Diego, February 21, 1991, with an expense allowance of $79.00 and $121.50 respectively. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 15, 1991, was presented, requesting authority and funds for himself and Councilmen william McCormick and William Davis to attend the Independent cities Association Annual winter Seminar in Santa Barbara, February 15-17, 1991, with an expense allowance of $820.00 each. It was moved by Gonzales, seconded by Ybarra, that author- ity be granted for the aforementioned City officials to attend the Independent cities Association Annual winter Seminar in Santa Barbara, February 15-17, 1991, with an expense allowance of $820.00 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 17, 1991, was presented, requesting authority and funds for Joan Francone, Risk Manager/Personnel Assistant, to attend the State and Federal Wage and Hour Laws Seminar in Norwalk, February 13, 1991, with an expense allowance of $100.67. It was moved by McCormick, seconded by Davis, that author- ity be granted for Joan Francone to attend the State and Federal Wage and Hour Laws Seminar in Norwalk, February 13, 1991, with an expense allowance of $100.67. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 21, 1991, was presented, requesting authority and funds for himself, Mayor Leonis C. Malburg and Mayor Pro Tem Thomas Ybarra to attend the League of California cities Annual Employee Relations Institute in Monterey, February 27-28, 1991, with an expense allow- 4127 I I City Council Minutes page 3 February 5, 1991 ance of $842.00 each. It was moved by Gonzales, seconded by Davis, that author- ity be granted for the aforementioned City officials to attend the League of California cities Annual Employee Relations Institute in Monterey, February 27-28, 1991, with an expense allowance of $842.00 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 21, 1991, was presented, requesting authority and funds for Lieutenant steven Towles to attend the POST Mandated Management Course in Dana Point, March 4-15, 1991, with an expense allowance of $859.20 of which $724.00 will be reimbursed by POST. It was moved by Ybarra, seconded by McCormick, that autho- rity be granted for Lieutenant Steven Towles to attend the POST Man- dated Management Course in Dana Point, March 4-15, 1991, with an expense allowance of $859.20. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 21, 1991, was presented, requesting authority and funds for Lieutenant Les Brown to attend the Internal Affairs Course in Garden Grove, March 18-20, 1991, with an expense allowance of $460.88 of which $405.60 will be reimbursed by POST. It was moved by Davis, seconded by Ybarra, that authority be granted for Lieutenant Les Brown to attend the Internal Affairs Course in Garden Grove, March 18-20, 1991, with an expense allowance of $460.88. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 21, 1991, was presented, requesting authority and funds for Captain James Mason to attend the Management Update Course at San Simeon, California, March 19-23, 1991, with an expense allowance of $724.46 of which $559.64 will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Captain James Mason to attend the Management Update Course at San Simeon, California, March 19-23, 1991, with an expense allowance of $724.46. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 22, 1991, was presented, transmitting the Right of Entry Agreement required for the widening of Packers Avenue within the L.A.D.W.P right-of-way. (The work has been completed.) This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the Agreement be approved and executed. It was moved by Ybarra, seconded by Davis, that the commu- nication from the City Clerk dated January 22, 1991 be received and filed, and to approve and authorize execution of the Right of Entry Agreement required for the widening of Packers Avenue. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 22, 1991, was presented, transmitting the Urban Water Manage- ment Plan from the Central Basin Municipal Water District. This plan complies with the requirements of Assembly Bill 797 and has been re- viewed by the Director of Community Services and the City Attorney, and it is hereby recommended that said plan be adopted for the effi- cient use of water, and that a resolution be adopted authorizing the implementation of water conservation programs as detailed in the Urban Water Information Plan. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated January 22, 1991, and the Urban Water Management Plan submitted by the Central Basin Municipal Water District be received and filed, and that his recommendation be approved. Motion carried. 4111 I I City Council Minutes page 4 February 5, 1991 RESOLUTION NO. 5876 - A Resolution of the City Council of the City of Vernon Adopting the (Central Basin Municipal Water District) Urban Water Management Plan for the Efficient Use of Water, was presented. It was moved by McCormiCk, seconded by Davis, that Resolu- tion No. 5876 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 23, 1991, was presented, requesting authority and funds for Police Officer Penny Turner to attend the Commercial Vehicle Enforce- ment Course at the Los Angeles Sheriff's Department Star Center, March 4-8, 1991, with an expense allowance of $132.00 of which $92.00 will be reimbursed by POST. It was moved by Gonzales, seconded by Ybarra, that author- ity be granted for Officer Penny Turner to attend the Commercial Vehicle Enforcement Course at the Los Angeles Sheriff's Department Star Center, March 4-8, 1991, with an expense allowance of $132.00. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 24, 1991, was presented, advising that the term of the Agree- ment with Stanley C. Henslee, CPA, providing for audit work for the City in connection with the Toxic/Hazardous waste treatment facili- ties within the City expired December 31, 1990. Mr. Henslee's ser- vices are now required and an Amendment to the Agreement is neces- sary. This has been reviewed by the City'S Financial Consultant and and the City Attorney, and it is hereby recommended Amendment No. 1 to the Agreement for Contractual Services with Stanley C. Henslee be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated January 24, 1991 be received and filed, and his recommendation be approved. Motion carried. RESOLUTION NO. 5879 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Agreement for Contractual Services By and Between the City of Vernon and Stanley C. Henslee, was presented. It was moved by McCormick, seconded by Davis, that Resolu- tion No. 5879 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated January 24, 1991, was presented, transmitting a report on the Central Basin Municipal Water District Meeting held December 19, 1990 with regard to a distribution system for reclaimed water. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that a resolution be adopted expressing the City'S support for the development of a reclaimed water program. It was moved by Ybarra, seconded by Davis, that the commun- ication from the City Clerk dated January 24, 1991 and all related documents be received and filed, and his recommendation be approved. Motion carried. RESOLUTION NO. 5877 - A Resolution of the City Council of the City of Vernon Expressing Support for the Development of Reclaimed Water Programs, was presented. It was moved by McCormiCk, seconded by Gonzales, that Resolution No. 5877 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 24, 1991, was presented, requesting authority and funds for himself and Captain James Mason to attend the Management Action Program, Inc. Seminar in Newport Beach, March 7-9 and March 15-17, 1991, respectively, with an expense allowance of $1945 each. 4129 I I City Council Minutes page 5 February 5, 1991 It was moved by McCormick, seconded by Gonzales, that authority be granted for Chief Louis Rosenkrantz to attend the Management Action Program, Inc. Seminar in Newport Beach, March 7-9, 1991, and Captain James Mason to attend March 15-17, 1991, with an expense allowance of $1945 each. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 28, 1991, was presented, requesting authority and funds for Police Officer Daniel O'Neil to attend the Advanced Officer Course in Orange, March 27-29, 1991, with an expense allowance of $245.04 all of which will be reimbursed by POST. It was moved by McCormick, seconded by Gonzales, that authority be granted for Officer Daniel O'Neil to attend the Advanced Officer Course in Orange, March 27-29, 1991, with an expense allow- ance of $245.04. Motion carried. Communication from Fire Chief Larry Spadt, dated January 29, 1991, was presented, requesting authority and funds for Battalion Chief Gary Wiskus to attend the Management Action Program, Inc. Seminar in Newport Beach, February 22-24, 1991, with an expense allo- wance of $1888.40. It was moved by Ybarra, seconded by Davis, that authority be granted for Battalion Chief Gary wiskus to attend the Management Action Program, Inc. Seminar in Newport Beach, February 22-24, 1991, with an expense allowance of $1888.40. Motion carried. Communication from Fire Chief Larry Spadt, dated January 29, 1991, was presented, requesting authority and funds for Battalion Chief Lynn Telford to attend the Management Action Program, Inc. Seminar in Newport Beach, March 7-9, 1991, with an expense allowance of $1888.40. It was moved by McCormick, seconded by Gonzales, that authority be granted for Battalion Chief Lynn Telford to attend the Management Action Program, Inc. Seminar in Newport Beach, March 7-9, 1991, with an expense allowance of $1888.40. Motion carried. Communication from Fire Chief Larry Spadt, dated January 29, 1991, was presented, requesting authority and funds for Battalion Chief Larry Burdett to attend the Management Action Program, Inc. Seminar in Newport Beach, March 21-23, 1991, with an expense allow- ance of $1888.40. It was moved Davis, seconded by Ybarra, that authority be granted for Battalion Chief Larry Burdett to attend the Management Action Program, Inc. Seminar in Newport Beach, March 21-23, 1991, with an expense allowance of $1888.40. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated January 29, 1991, was presented, requesting authority and funds for Police Officers Mark Moen and Daniel O'Neil to attend the Orange County Sheriff Department's Lazer Village at the Orange County Sheriff's Training Center, February 25, 1991, with an expense allow- ance of $93.50 each of which $91.00 will be reimbursed by POST. It was moved by Gonzales, seconded by McCormick, that authority be granted for Police Officers Mark Moen and Daniel O'Neil to attend the Orange County Sheriff Department's Lazer Village at the Orange County Sheriff's Training Center, February 25, 1991, with an expense allowance of $93.50 each. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated January 29, 1991, was presented, requesting authority and funds to attend the Public Works Officers Institute in Monterey, March 6-8, 1991, with an expense allowance of $786.00. 4130 I I City Council Minutes page 6 February 5, 1991 It was moved by Ybarra, seconded by Davis, that authority be granted for victor Vaits to attend the Public Works Officers Inst- itute in Monterey, March 6-8, 1991, with an expense allowance of $786.00. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated January 29, 1991, was presented, requesting author- ity and funds for Jorge Somoano, Power Resource Planner, to attend the Fuel Cell Commercialization Group Meeting in Santa Clara, February 25-27, 1991, with an expense allowance of $640.25. It was moved by McCormick, seconded by Davis, that author- ity be granted for Jorge Somoano to attend the Fuel Cell Commerciali- zation Group Meeting in Santa Clara, February 25-27, 1991, with an expense allowance of $640.25. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated January 30, 1991, was presented, regarding Tract Map No. 49930 which was approved by City Council at its meeting held January 15, 1991 on the condition that Jewel Avenue would be dedi- cated for a public street. Presently deeds have not been received for the curb return at the northwest corner of Vernon and Jewel Ave- nues, and for the railroad property located at the southeast corner of 37th Street and Jewel Avenue and the northeast corner of Vernon and Jewel Avenues. It is hereby recommended that the requirement for these documents be waived for later dedication. Tract Map No. 49930 will be revised to reflect these changes. It is also recommended that a deposit of $15,000 be required for the property at the north- west corner of Vernon and Jewel Avenues, and a $5,000 deposit re- quired for the two railroad properties. These deposit funds are for potential eminent domain proceedings including costs for appraisal, attorney fees, court costs and land value of the parcel. If the deeds are submitted to the City prior to the necessity for any legal action, the deposits will be refunded. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. victor Vaits addressed the City Council and submitted his communication dated February 4, 1991 with regard to this particular project and recommended that the Restrictive Covenant and Easement Agreement be approved along with the Certificate of Acceptance. It was moved by McCormick, seconded by Ybarra, that the communications from the Director of Community Services dated January 30, and February 4, 1991 be received and filed; and that the following actions be approved. Motion carried. 1. That the requirement for the deeds for the curb return at the northwest corner of Vernon and Jewel Avenues, and for the railroad property located at the southeast corner of 37th Street and Jewel Avenue and the northeast corner of Vernon and Jewel Avenues be waived for later dedication; 2. That a deposit of $15,000 be required for the property at the northwest corner of Vernon and Jewel Avenues, and a $5,000 deposit be required for the two railroad properties; and 3. That the Restrictive Covenant and Easement Agreement and certificate of Acceptance be approved and executed. Communication from victor H. Vaits, Director of Community Services, dated January 30, 1991, was presented, advising that the City is considering the purchase of property located at 4323 Santa Fe Avenue. This property would be beneficial to the City with its convenient location adjacent to City Hall allowing it to be used for numerous public uses. Now that the City has taken over full oper- ';4131. I I City Council Minutes page 7 February 5, 1991 ation of the Light and Power Department, additional personnel have been added to staff leaving parking facilities inadequate. Also, the public parking for City Council meetings often falls short. In addition the storage capacity for public records is insufficient and building expansion onto the subject site could provide additional storage and office space. It is hereby recommended that the Council make the following findings concerning this property: 1. The purchase of this property is necessary in order to expand the current civic Center, which at present is inadequate to meet all pUblic needs; including parking, storage and office space. 2. The property is located in a most desirable location adjacent to the Civic Center. The site is now vacant and is available for purchase. The City will pay fair market value as set by a third party appraiser, so possible private injury should be minimal. 3. Without the purchase of this property, the necessary expansion to the civic Center could not be performed. The Mayor Pro Tem assumed the Chair of the meeting and the Mayor vacated the Chair and abstained from participation in this matter. Communication from David B. Brearley, City Attorney, dated January 31, 1991, was presented, recommending the adoption of a Reso- lution of Necessity for the real property located at 4323 Santa Fe Avenue, Vernon, California. David B. Brearley, City Attorney, addressed the City Council and briefly summarized this matter. It was moved by Gonzales, seconded by McCormick, that the communications from the Director of Community Services dated January 30, 1991, and the City Attorney dated January 31, 1991 (both with regard to real property at 4323 Santa Fe Avenue) be received and filed; and that the below listed findings be made. Motion carried. Mayor Malburg abstained from voting on this matter. 1. The purchase of this property is necessary in order to expand the current civic Center, which at present is inadequate to meet all public needs; including parking, storage and office space. 2. The property is located in a most desirable location adjacent to the civic Center. The site is now vacant and is available for purchase. The City will pay fair market value as set by a third party appraiser, so possible private injury should be minimal. 3. without the purchase of this property, the necessary expansion to the civic Center could not be performed~ RESOLUTION NO. 5875 - A Resolution of the City Council of the City of Vernon Finding and Determining that the Public Interest and Necessity Require the Acquisition of Certain Real Property for Expansion of City Hall Parking and Office Facilities Purposes and All Uses Appurtenant Thereto, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 5875 be approved and adopted. Motion carried. Mayor. Malburg abstained from voting on this matter. Mayor Malburg resumed the chair of the meeting. WARRANT REGISTER NO. 807 covering claims and demands presented during the period of January 11 thru January 31, 1991, drawn on the First Interstate Bank totaling $411,912.21, which 4132 I I City Council Minutes page 8 February 5, 1991 includes Demand Nos. 30850 thru 31106 (inclusive), excluding Light & Power Demands and void Demands as listed below, (accounting period February, 1991) was examined and audited: 30873 30908 30909 30910 30911 31032 31057 31105 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 807 be approved and payment authorized for claims and demands totaling $411,912.21 excluding Light & Power Demands. Motion carried. WARRANT REGISTER NO. 807 covering claims and demands presented during the period of January 11 thru January 31, 1991, drawn on the First Interstate Bank totaling $3,444,388.69, which includes Light and Power Demand Nos. as listed below (accounting period February, 1991), was examined and audited: 30858 30875 30886 30900 30926 30966 31000 31035 31069 30859 30877 30887 30904 30932 30968 31001 31045 31071 30861 30878 30888 30905 30947 30979 31005 31046 31072 30862 30879 30889 30906 30952 30980 31015 31048 31077 30869 30883 30894 30912 30954 30988 31017 31058 31088 30870 30884 30896 30919 30959 30991 31026 31065 31094 30874 30885 30898 30921 30962 30992 31033 31066 31097 31099 31103 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 807 be approved and payment authorized for claims and de- mands totaling $3,444,388.69. Motion carried. Councilman Davis ab- stained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. Consideration of NI Industries, Inc., payment of business license fees for the period 1986 thru 1991. It was moved by Ybarra, seconded by Davis, that the afore- mentioned matter of NI Industries, Inc. be deferred to Closed Session later this date. Motion carried. Consideration of Agreement for Pump Allocation. victor Vaits, Director of Community Services, addressed the Council and submitted his communication dated February 5, 1991 advis- ing that Peerless Water Company has invited bids for leasing 150 acre feet of water rights from Central Basin for a one year period com- mencing July 1, 1990. Mr. vaits briefly summarized this matter and requested Council's permission for the City to bid on said water rights at $95.00 per acre foot. It was moved by McCormick, seconded by Gonzales, that the communication submitted by the Director of Community Services dated February 5, 1991 be received and filed, and that authority be granted for Mr. Vaits, on behalf of the City, to submit a bid to Peerless Water Company for $95 per acre foot. Motion carried. Consideration of agreement to pay the Office of the Asses- sor for services received. victor vaits addressed the city Council and submitted a communication dated February 5, 1991 on said matter and briefly sum- marized it for them. It was moved by Ybarra, seconded by Davis, that the commun- ication submitted by the Director of Community Services dated February 5, 1991 be received and filed, and that an Agreement to Pay the Office of the Assessor for Services Received be approved and executed. Motion carried. '4133 I I City Council Minutes page 9 February 5, 1991 RESOLUTION NO. 5881 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agree- ment to Pay the Office of the Assessor for Services Received By and Between the City of Vernon and the Office of the Assessor, was presented. It was moved by Gonzales, seconded by McCormick, that RESOLUTION NO. 5881 be approved and adopted. Motion carried. Communication from the City Clerk, dated February 5, 1991, was presented enclosing the agenda for the Personnel Committee meeting held on February 4, 1991, and indicating that the Personnel Committee had approved and recommended to the city Council that the items listed on the Agenda should be approved. The City Attorney advised the City Council that because the Personnel Committee had approved these items at its meeting of Monday, February 4, 1991, that the need to take action arose after the posting of the Agenda and that the Council would need to approve the placement of this matter on the agenda as it is necessary that the City take action on the recommendations of the Personnel Commit- tee. The City Attorney advised that the need to take action arose after the Agenda was posted in accordance with Government Code Sec- tion 54954.2(b) (1) and (2) and further advised of the necessity of the City council approving by a two-thirds majority the addition of this item to the Agenda. It was moved by Ybarra, seconded by Davis, that the con- sideration of the Personnel Committee recommendations of February 4, 1991 referenced in the City Clerk's communication dated February 5, 1991 be placed on the Agenda. The Mayor indicated that the motion to place the matter on the Agenda is approved unanimously. Motion carried. Consideration of the Personnel Committee recommendations to approve the items on the Personnel Committee Agenda which were attached to the communication of the City Clerk dated February 5, 1991, was presented. It was moved by McCormick, seconded by Gonzales, that the recommendation of the Personnel Committee to approve the items listed on the Personnel Committee Agenda be approved. Motion carried. The Mayor declared a recess, the time being 6:15 p.m. The Council reconvened in regular session at 6:37 p.m. It was moved by McCormick, seconded by Ybarra, that the Council recess to Closed Session Personnel pursuant to Government Code Section 54947, the time being 6:38 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. It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session Personnel, the time being 6:48 p.m. Motion carried. The City Clerk explained to the City Council that there were City employees who are members of the military reserves and were called up by the government for active duty in the Persian Gulf cr1S1S. He further indicated that several public agencies were authorizing payment to those individuals called up for service, taking into consideration the pay that they receive while in the service, so that their families would not be deprived of normal earnings. The City Clerk recommended that the City Council approve 4134 I I City Council Minutes page 10 February 5, 1991 an amendment to the salary resolution establishing a formula which would permit the City to compensate those individuals so that they would not lose salary because of having served their country in the Persian Gulf crisis. RESOLUTION NO. 5880 - A Resolution of the City Council of the City of Vernon Amending section 14 of Resolution No. 5780, which Fixed the Compensation for Certain Employees of said City and Autho- rized Certain Expense Allowances. It was moved by McCormick, seconded by Ybarra that Resol- ution No. 5880 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session Attorney/Client privilege pursuant to Government Code(s) 54956.9(a) and 54956.9(c), the time being 6:49 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 deemed privileged and confidential. Councilman Davis was excused at 6:55 p.m. Councilman Davis resumed his seat on the Council at 6:58 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:59 p.m. Motion carried. The City Attorney advised the Council that he had filed a request to intervene before the Federal Energy Regulatory Commission in the matter of the Transmission Agency of Northern California v. Pacific Gas and Electric Company, FERC Docket No. EL91-8. The City Attorney recommended that the City Council ratify and approve his filing of a request to intervene in said proceeding because it is in the best interests of the City in that it would help protect the City's interests as a participant in the California Oregon Transmis- sion Project. It was moved by McCormick, seconded by Ybarra, that the City Attorney's recommendations be approved and ratified. 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 the Pacific Gas & Electric Company had filed before the Federal Energy Regulatory Commission in FERC Docket No. ER91-195 a request to have an agree- ment between most of the utilities in the western states approved establishing for at least 10 years the Western Systems Power Pool (WSPP). He further reported that the agreement prohibits Vernon from participating in the WSPP unless Southern California Edison Company files an agreement permitting Vernon's participation and that Vernon objects to Edison's requirements and believes Edison's requirements are unjust, discriminatory and anti-competitive. Therefore, the City Attorney recommended that the City Council ratify and approve his filing of a request to intervene in said proceeding because it is in the best interests of the city in that it would help protect the City's interests as a participant in the WSPP. It was moved by McCormick, seconded by Ybarra, that the City Attorney's recommendations be approved and ratified. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that 41JD I I City Council Minutes page 11 February 5, 1991 the decision will have a material financial effect on his source or income. There being no further business to come before the City Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried /yf~L/if Bruce V. Malkenhorst City Clerk ATTEST: :/~ 419(f