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19941026 Regular City Council Meeting - Minutes I I MINUTES OF THE ADJOURNED CITY COUNCIL MEETING OF THE CITY OF VERNON HELD OCTOBER 26, 1994 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: Malburg The meeting was called to order by Mayor Pro Tern Ybarra. It was moved by Gonzales, seconded by Davis, that the Minutes of the City Council Meeting held October 18, 1994, be deferred to the next City Council Meeting. Motion carried. Consideration of a 1995 Power Sales Agreement between San Diego Gas & Electric Company and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. (Deferred from the City Council Meeting held October 18, 1994.) David B. Brearley, City Attorney, addressed the City Council and summarized the above matter, and also the below listed Light and Power contract issues. Communication from David B. Brearley, City Attorney, dated October 24, 1994, was submitted this date, pertaining to the Power Sale Agreement with San Diego Gas and Electric Company (SDG&E) which was approved by Council on July 12, 1994. SDG&E is seeking a modification to the agreement, and it is hereby recommended that City Council not approve the agreement as modified and that proposals submitted from other sellers be considered. It was moved by McCormick, seconded by Gonzales, that the communication from the City Attorney dated October 24, 1994 be received and filed, and that his recommendation be approved. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. RESOLUTION NO. 6533 - A Resolution of the City Council of the City of Vernon Terminating the Approval of the 1995 Power Sales Agreement By and Between the City of Vernon and San Diego Gas & Electric Company Approved by Resolution No. 6358 and Rescinds the Adoption of Resolution No. 6358, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6533 be approved and adopted. Motion carried. Councilman Davis abstained 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 a Power Sales Agreement between California Department of Water Resources and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. (Deferred from the City Council Meeting held October 18, 1994.) RESOLUTION NO. 6534 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Power Sale Agreement No.4 (1995), DWR Contract No. 95-2110-165380, By and Between the City of Vernon and the Department of Water Resources of the State of California, was presented. 5'63.:1 I I City Council Minutes page 2 October 26, 1994 It was moved by McCormick, seconded by Gonzales, that Resolution No. 6534 be approved and adopted. Motion carried. Councilman Davis abstained 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 a Power Sale Agreement between Southern California Edison Company and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. (Deferred from the City Council Meeting held October 18, 1994.) RESOLUTION NO. 6535 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Letter Agreement Pursuant to Service Schedule C of the Western Systems Power Pool Agreement By and Between the City of Vernon and the Southern California Edison Company, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6535 be approved and adopted. Motion carried. Councilman Davis abstained 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 a Firm Wholesale power Sale Agreement No. 2 between Salt River Project Agricultural Improvement and Power District and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. (Deferred from the City Council Meeting held October 18, 1994.) It was moved by Gonzales, seconded by McCormick, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Consideration of a Firm Transmission Service Agreement between Southern California Edison Company and the City of Vernon, submitted by Kenneth DeDario, Director of Light and Power, October 13, 1994. (Deferred from the City Council Meeting held October 18, 1994.) It was moved by Gonzales, seconded by McCormick, to defer the aforementioned matter to the next City Council Meeting. Motion carried. Consideration of lease at 3349 Fruitland Avenue. Discussion of Finance Department. It was moved by Gonzales, seconded by Davis, that the two aforementioned matters be deferred until after Closed Session this date. Motion carried. Consideration of sending an information brochure to residents of the Central Basin Municipal Water District describing the dispute between the City of Vernon and the Central Basin Municipal Water District, submitted by the City Attorney, October 20, 1994. It was moved by McCormick, seconded by Davis, that the aforementioned matter should be removed from the Agenda. Motion carried. The Mayor Pro Tern called a recess at 5:31 p.m. The Council reconvened in regular session at 5:35 p.m., all members present before the recess again being present. 503;3 I I City Council Minutes page 3 October 26, 1994 It was moved by Davis, seconded by Gonzales, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:35 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney and Chief Deputy City Clerk. The Mayor Pro Tem ordered all communications to and from the Closed Session deemed privileged and confidential. 1. with respect to every item of business to be discussed in Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) Central Basin Municipal Water District v. citv of Vernon, LASC No. BS 028717; (b) Citv of Vernon v. Central Basin Municipal Water District Board of Directors. et al., LASC No. BS 028742; (c) city of Vernon. et ale v. Board of Harbor Commissioners of the city of Long Beach et al., LASC No. BC 106713; (d) CPUC Docket No. A.91-03-039 (SoCalGas); (e) Vernon V. Robert Ismael Marroche, Case No. 93 C00048 (S.E. Municipal); (f) City of Oranqe. et al v. citv of Vernon (Alabama Treasury Advisory Proqram. et all; San Francisco Case No. 956982 It was moved by McCormick, seconded by Davis, that the Council go out of Closed Session and resume regular session the time being 5:38 p.m. Motion carried. Discussion of Finance Department. (Deferred from earlier in the meeting). The City Clerk addressed the City Council and recommended a restructuring of the Finance Office with a change of advancing Accountant Martha Valenzuela to Office Manager, Step 3, and Purchasing Assistant Dolores Fonseca to Accountant, Step 2. It was moved by Gonzales, seconded by Davis, that Martha Valenzuela be advanced and reclassified to Office Manager, Step 3, effective November 14, 1994. Motion carried. The City Clerk also recommended that the position of Budget Auditor be added to the City Administrator/City Clerk Salary Scale, and that Sharon Duckworth be reclassified as such with no change in salary. It was moved by McCormick, seconded by Davis, that Dolores Fonseca be advanced and reclassified to Accountant, Step 2, and that the position of Budget Auditor be added to the Salary Scale with Sharon Duckworth reclassified as such, both reclassifications effective November.14, 1994. Motion carried. Consideration of lease at 3349 Fruitland Avenue. (Deferred from earlier in the meeting.) 5032 I I City Council Minutes page 4 October 26, 1994 It was moved by Davis, seconded by Gonzales, that the aforementioned matter be continued to the next City Council Meeting. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. ~<<~<_ a~r1~ thorn's A. Ybar a. ~ Mayor Pro Tern ATTEST: /L -~~~ Bruce V. Malkenhorst City Clerk 503l