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19800219 Regular City Council Meeting - Minutes MEETING OF A REGULAR MEETING OF THE CITY COUNCIL, HELD FEBRUARY 19, 1980, AT TWO O'CLOCK, P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. MEMBERS PRESENT: Gonzales, Kaeser, McCormick, Ybarra, Malburg I MEMBERS ABSENT : None The meeting was called to order by Mayor Malburg. I It was moved by McCormick, seconded by Gonzales that the minutes of the meeting of the City Council on February 5, 1980 be approved as written and sub- mitted. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator, dated Jan- uary 29, 1980, recommending qualified personnel be awarded service pins, com- mending them on their years of service to the City of Vernon, was presented. The Mayor presented service pins for 30, 25, 20, 15, 10 and 5 years' service to the following employees: 30 Year Pin 25 Year Pin 20 Year Pin Glenwood Ashby (retired) George Bass R. N. Simensen J. E. Muldown R. N. Dimmi tt Robert Emerick Brad Bunker F. W. Sumner C. W. Lemons Murray Woo "!en Ted Miller Lloyd D. Schultz I 15 Year Pin 10 Year Pin 5 Year Pin Jack Looper Irene Northrup Roosevelt Sapp T. R. Igyarto L. W. Brown C. Perkins Robert Hill Leonard Wronosky Fred Tachovsky James Greenlea Lois Hilton Larry Gonzales Ke i th Kaeser Mike McCormick Luke Salerno Ronald Anderson The City Administrator announced that this was the time and place for opening of bids for Cleaning of Storage Tank for Diesel Oil, Quotation #1144. It was mov~d by Kaeser, seconded by Ybarra, that the City Administrator be instructed to open and read the bids submitted. Motion carried. I The City Administrator opened and read the following bids: Asbury Oil Company Oil Process Company Cal Chem Cleaning $ 8,475.00 2,550.00 7,084.00 I It was moved by McCormick, seconded by Gonzales, that the bids received per Quot ation #1144, be referred to the Purchasing Agent for recapitulation and recommendation. Motion carried. At this time, 2:30 o'clock, p.m., the Mayor opened the Public Hearing on ~e matter of the City of Vernon Fixing Rates to be Charged for Electrical Energy Supplied by Said City Within Its Boundaries. This item was deferred from the last regular meeting of February 5, 1980, to this meeting. The City Attorney presented a preliminary report prepared by Deloitte Haskins and Sells, which recommended a new rate structure and new electrical rates for electrical service within the City of Vernon and indicated that a final report would be available prior to final adoption of an ordinance implementing the 395 =2= 2/19/80 proposed new rates. He additionally presented Ordinance No. 895, which implements the rat eproposed by Deloitte Haskins and Sells, for a first reading. Paul P. Hendricks, Consulting Electrical Engineer for the City of Vernon stated that the last Vernon rates were adopted on February 1977 and stat ed that he was available for questions or comments. I The City Attorney recommended that the rates for residential service be reduced in order to provide the employees of the City of Vernon with a 25% discounted electrical ram. He further added that Ordinance No. 895 provided for an energy cost adjustment by resolution every three months and that Reso- lution No. 4707 should be adopmd with Ordinance No. 895. I Ordinance No. 895 was then read in its entirety by the City Administrator. ORDINANCE NO. 895 - An Ordinance of the City of Vernon Fixing Rates To Be Charged For Electrical Energy Distributed and Supplied by Said City Within Its Boundaries and Repealing Certain Ordinances of the City of Vernon Relating Thereto, was presented. It was moved by Gonzales, seconded by McCormick, that Ordinance No. 895 receive and pass a first reading. Motion carried. . AYES: NOES: Absent: Gonzales, McCormick, Kaeser, Ybarra, Malburg None None Resolution No. 4707 - A Resolution of the City Council of the City of Vernon Changing The Energy Cost Adjustment Billing Factor Charg ed for Electrical Energy Distributed and Supplied to Its Electrical Consumers, was presented. I It was moved by McCormick, seconded by Gonzales, that Resolution No. 4707 be approved and adopted. Motion carried. AYES: NOES: Absent: McCormick, Gonzales, Kaeser, Ybarra, Malburg None None Mr. Hendricks reported that the City has received projected energy costs for the next year from Southern Cal ifornia Edison Company and there is an escalation of 15 to 20%; this is a forecast and it will be corrected every three mon ths. The Mayor asked for furt her comments from the audience; there being none, the public portion of the hearing was declared closed, at 2:45 o'clock, p.m. Communication from Arthur E. Nelson, Director of Public Works/Building, dated February 7, 1980, requesting authority and funds to attend the Public Works Officers Institute, held in San Diego, March 12-14, 1980, with an expense allowance of $239.00, was presen ted. I It was moved by Kaeser, seconded by Ybarra, that the request from the Director of Public Works/Building, be approved and authority granted to issue warrant in the amount of $239.00 to Arthur E. Nelson. Motion carried. I Communication from George F. Bass, Fire Chief, dated February 14, 1980, requesting reimbursement from th eEducation Fund for Firefighter G. Wiskus, in ~e amount of $17.49, was presented. It was moved by Kaeser, seconded by Gonzales, that the request of Fire Chief Bass be approved and authority granted to issue warrant in the amount of $17.49 to G. Wiskus. Motion carried. Communication from George F. Bass, Fire Chief, dated Febr 1.1rY 14,1980, requesting authority and funds for Battalion Chiefs Moorehead, Schultz, Simensen and himself to attend a one-day Emergency Preparedness Seminar, in the City of Industry, on Wednesday, March 5, 1980, with a rotal expense allowance of $68.00, was presented. 396 =3= 2/19/80 It was moved by Ybarra, seconded by Gonzales, that the request of Fire Chief Bass be approved and authority granted to issue warrant in the amount of $68.00 to League of California Cities - Emergency Preparedness Seminar. Motion carried. I Communication from Bruce V. Malkenhorst, City Administrator/Director of Finance, dated February 14, 198~, transmitting Financial St~ement of the City of Vernon, for the year ended June 30, 1979, and Opinion of Independent Certified Public Accountants, prepared by Deloitte, Haskins & Sells, was presented. It was moved by McCormick, seconded by Kaeser, that the City of VErnon's Financial S atement and Opinion of Independent CPA's, be referred to the Finance Committee for study and review. Motion carried. I Communication from Arthur E. Nelson, Director of Public Works/Building, dared February 13, 1980, recommending approval of Contract No. 430, Asphalt Resurfacing of Certain Str eets, and the authority to advertise for bids, was presented. Resolution No. 4705 - A Resolution of the City Council of the City of Vernon Approving Contract No. 430 and Authorizing Notice Inviting Sealed Pro- posals or Bids For Asphalt Resurfacing of Certain Portions of Alameda Street at Vernon Avenue and Portions of 26th Street and Asphalt Surfacing at Parking Area of Fire S ation No.1 In Accordance with Contract No. 430 of the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 4705 be approved and adopted. Motion carried. AYES: NOES: Absent: McCormick, Ybarra, Kaeser, Gonzales, Malburg None None I Health ~epartment Activities ~eport for the month of January 1980, was presented. It was moved by Kaeser, seconded by Ybarra, that the January 1980 Health Department Activities Report be received and filed. Motion carried. Police Department Activity Log, February 1 - 15, 1980, was presented. It was moved by Ybarra, seconded by McCormick, that the Police Depart- ment Activity Log, February 1 - 15, 1980, be received and filed. Resolution No. 4691 - A Resolution Determining the Disability Retire- ment of Local Safety Member Gary Alvarez, was presented. I t was moved by Ybarra, seconded by Kaeser, that th i s item be referred to the Finance Committee. Motion carried. I RESOLUTION NO. 4791 - A Resolution of the City Council of the City of Vernon Approving Purchasing Department Quotation No. 1142 and Authorizing Notice Inviting Sealed Proposals or Bids for the Sale of a 1954 Fire Engine, Crown Pumper, as Surplus Pursuant to Section 2.31 of the Vernon City Code in Accordance With Purchasing Department Quotation No. 1142 of the City of Vernon, was presented. It was moved by Kaeser, seconded by Ybarra, that Resolution No. 4701 be approved and adopted. Motion carried. I AYES: NOES: Absent: Kaeser, Ybarra, McCormick, Gonzales, Malburg None None RESOLUTION NO. 4702 - A Resolution of the City Council of the City of Vernon, Cal ifornia, Establ ishing Voting Precinct and Poll ing Place, Appointing Precinct Board Members and Fixing Compensation for the General Municipal Election of said City on Tuesday, April 8, 1980, was presented. 397 =4= 2/19/80 It was moved by YbarraJ seconded by McCormickJ that Resolution No. 4702 be approved and adopted. Motion carried. AYES: NOES: Absent: Ybarra, McCormick, Kaeser, Gonzales, Malburg None None I RESOLUTION NO. 4703 - A Resolution of the City Council of the City of Vernon, California, Endorsing and Supportingtalifornla Crime Watch and the AttoFney General's Plan to Restore Public Safety in the 1980's, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 4703 be approved and adopted. Motion carried. I AYES: NOES: Absent: Gonzales, Ybarra, Kaeser, McCormick, Malburg None None Resolution No. 4704 - A Resolution Determining the Disability Retirement of Local Safety Member Keith Slifka, was presented. McCormick, Ybarra, Gonzales, Kaeser, Malburg None None It was moved by KaeserJ seconded by McCormick that this item be referred to the Finance Committee. Motion carried. RESOLUTION NO. 4706 - A Resolution of the City Council of the City of Vernon Amending Section 4 of Resolution No. 4662 Respecting Vacation Policies For Employees of the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 4706 be approved and adopted. Motion carried. I AYES: NOES: Absent: Communication from Arthur E. Nelson, Director of Public Works/Building, dated February 13, 1980, submitting pictures showing graffiti or other inscribed material on publ ic or privately owned permanent structures located within the City, advising that Government Code, Section 53069.3 provides that the City may enact an ordinance to provide for the use of city funds to remove graffiti or other inscribed material, was presented. ORDINANCE NO. 896 - An Ordinance of the City of Vernon Determining That Graffiti or Other Inscribed Material is Obnoxious and Authorizing the Director of Public Works/Building to Remove said Graffiti or Other Inscribed Material in Accordance with Government Code Section 53069.3J was presented. The City Attorney stated that the ordinance was prepared as an urgency. ordinance. I The Ordinance above titled, was read in its entirety by the City Admi n i strator. It was moved by Kaeser, seconded ~y McCormick, that Ordinance No. 896 be approved as an urgency ordinance and receive and pass a first and final reading, and be adopted. Motion carried. I AYES: NOES: Absent: Kaeser, McCormick, Gonzales, Ybarra, Malburg None None "Warrant Register No. 542" covering claims and demands presented during the period of February 1 to 15, 1980, which includes Demands Nos. 92465 to 92583 (both inclusive) J drawn on the United California Bank, totaling $4,760,408.79, excluding voided Demands Nos. 92542J 92570 and 92581 (Light and Power Warrants $4,658,638.17) (Accounting Period FebruarYJ 1980) was examined and audited. 398 =5= 2/19/80 It was moved by Ybarra, seconded by Kaeser, that Warrant Register No. 542 be approved and payment authorized for Demands Nos. 92465 to 92583 (both inclusive) excluding voided Demands Nos. 92542,92570 and 92581, with no other exceptions. Motion carried. I IIPayrol1 Warrant Regi.sterNo. 27311 covering claims and demands presented during the period of December 30,1979 to January 26, 1980, which includes Demands Nos. 2994 to 3008 (both inclusive), drawn on the Crocker National Bank, was examined and audited, TOTALING $468,513.28. I I t was moved by Ybarra, seconded by Kaeser, that IIPayro 11 Warrant Register No. 27311 be approved and payment authorized for Demands #s 2994 to 3008 (both inclusive), with no exceptions. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, trans- mitting minutes of the Finance Committee meeting held February 14, 1980, re- questing approval of the recommendations made therein, was presented. I t was moved by Kaese r, seconded by Gonza les, t t-a t the minutes of the Finance Committee meeting of February 14, 1980, be approved, and that the recom- mendations cont ainedtherein be adopted. Motion carried. RESOLUTION NO. 4699 - A Resolution of the City Council of the City of Vernon Establishing and Adopting an Encroachment Fee and Deposit Schedule and a License and Franchise Fee Schedule Pursuant to Chapter 22, Article VI of the Code of the City of Vernon, California, 1959 and Repealing Resolution Nos. 3044, 4149, 4321 and 4447, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 4699 be approved and adopted. Motion carried. I AYES: NOES: Absen t : Gonzales, McCormick, Kaeser, Ybarra, Malburg None None Summons and Complaint filed in Superior Court of the State of California, County of Los Angeles, Case No. C2979l2, entitled International Business Machines Corporation vs. County of Los Angeles, City of Vernon and other jurisdictions, for tax refund under the Revenue and Taxation Code of the State of California, was presented. It was moved by McCormick, seconded by Ybarra, that the City Attorney be authorized to refer the Summons and Complaint in the above entitled court and cause to Couhty Counsel for defense on behalf of the City of Vernon. Motion ca r r i ed . Communication from Bruce V. Malkenhorst, City Administrator, transmitting minutes of the Personnel Committee meeting held February 14, 1980, requesting approval of the recommendations contained therein, was presented. I It was moved by Gonzales, seconded by Ybarra, that the minutes of the Personnel Committee meeting of February 14, 1980, be approved, and that the recommendations contained therein be adopted. Motion carried. I Communication from Bruce V. Malkenhorst, City Administrator, dated Febrwry 19,1980, requesting approval to hire Mark L. Ames, as Policeman I, Grade 5, as requested by Acting Chief .L. A. Espinoza, was presented. It was moved by Kaeser, seconded by Ybarra, that tre request of the City Administrator be approved, and that Mark L. Ames be employed as Policeman I, Grade 5. Motion carried. Communication from Arthur E. Nelson, Director of Public Works/Building dated February 19, 1980, requesting authority and funds for Lewis Adams, Louis Hauger and himself to attend the Emergency Preparedness Semlnar~ with a registration fee of $17.00, each, on March 5, 1980, was presented. 399 =6= 2/19/80 It was moved by Gonzales, seconded by Ybarra, that the request of the Director of Public Works/Building be approved, and authority granted to issue warrant to League of California Cities-Emergency Preparedness Seminar, in the amount of $51.00. Motion carried. I Communication from Bruce V. Malkenhorst, City Administrator, dated February 19, 1980, requestlng authority and funds for Frank Murillo, Lt. R. Emerick, Capt. L. Ely and Acting Chief L. Espinoza to attend the Emergency Prepar edness Seminar on March 5,1980, with a registration of $17.00 each, was presented. I I t was moved by Kaeser, seconded by Ybarra, that the request of the City Administrator be approved and authority granted to issue warrant to League of California Cities -Emergency Preparedness Seminar, in the amount of $68.00. Motion carried. Summons and Complaint filed in the Superior Court of the State of Cali- fornia, County of Los Angeles, Case No. SEC31376, entitled Plaintiff Dolores Villa vs. Mohamed A. Hamed, City of Vernon, et aI, for Damages for Personal In- juries as result of a motor vehicle collision, was presented. It was moved by Gonzales, seconded by McCormick, that Summons and Com- plaint in the above-entitled court and cause be referred to the City Attorney for study and review. Motion carried. Summons and Complaint filed in the Superior Court of California, County of Los Angeles, Case No. SEC 30216, entitled Plaintiff Mohamed A. Hamed vs. Dolores Villa, City of Vernon, et al., as a cross-complaint because of a motor vehicle collision, was presented. I It was moved by McCormick, seconded b- Gonzales, that Summons and Com- plaint in the above entitled court and cause be referred to the City Attorney for study and review. Motion carried. Arthur E. Nelson, Director of Public Works/Building discussed the meeting he had with Caltrans, pertaining to Century 105 Freeway and introduced Mr. Dan Goble to the City Council. Mr. Goble discussed the Century 105 Free- way project and the relocation of railroad traffic from the Wilmington Line to IDe Alameda Line. At this time, 4:25 o'clock, p.m., it was moved by McCormick, seconded by Gonzales that the City Council go into executive session under Attorney/ Client privilege. Motion carried. All persons, with the exception of tbe City Administrator and the City Attorney were excluded from the executive session. Mayor Malburg ordered that all communications to and from the executive session were deemed private and confidential. I At this time, 4:26 o'clock, p.m., it was moved by Kaeser, seconded by Ybarra, that the City Council recess. Motion carried. The City Council recessed until 4:55 o'clock, p.m., then reconvened in executive session, under Attorney/Client privilege. I At this time, 5:40 o'clock, p.m., it was moved by Ybarra, seconded by Kaeser, that the City Council go out of executive session and resume regular session. Motion carried. The City Attorney presented copies of testimony and exhibits of Baker G. Clay, G. Raymond Armknecht and Robert G. Towers, Consulting Engineers, from the firm of Hess and Lim, on behalf of the City of Vernon, in the matter of Southern California Edison Company, Docket No. ER 79-150, Federal Energy Regulatory Com- mission; and copies of testimony and exhibits of Edward A. Cecil, David T. Helsby, Gary C. Price, Gordon T.C. Taylor and W. Keith Wilkins, submitted by the law offices of Spiegel and McDJarmid, on behalf of the cities of Anaheim, Riverside, Banning, Colton and Azusa, in the same proceeding. '100 -7- 2/19/80 It was moved by Gonzales, seconded by McCormick, that the testimony and exhibits of ~e consulting engineers on behalf of the City of Vernon, and copies of testimony and exhibits of the five jurisdictions, in the above proceeding, be received and filed. Motion carried. I Commun i cati on from Southern Ca 1 i forn i a Water Company, dated February 11, 1980, transmitting Application 59426, filed with the Public Utilities Com- mission to increase water rates in its Metropolitan Division, of which Vernon is a part, was presented. I It was moved by Ybarra, seconded by McCormick that the communication and the application be received and filed. Motion carried. At this time, 5:45 o'clock, p.m., Councilman McCormick requested that he be excused from further attendance. Councilman McCormick was excused and withdrew from the Council Chamber. At this time, 5:46 o.clock, p.m., it was moved by Kaeser, seconded by Ybarra, that the City Council go into executive session under Attorney/Client privilege. Motion carried. All persons, with the exception of the City Administrator and the City Attorney were excluded from the executive session. Mayor Malburg ordered that all communications to and from the executive session were deemed private and confidential. At this time, 5:55 o'clock, p.m., it was moved by Ybarra, seconded by Gonzales, that the City Council go out of executive session and resume regular session. Motion carried. I There being no further business to come before the council at this time, it was moved by Ybarra, seconded by Kaeser, that in order to continue the public hearing on the proposed electrical rates, the meeting adjourn until 4:00 o.clock, p.m., February 26, 1980. Motion carried. ~~~' l.EON IS C. MALBURG Mayor ATTEST: ~/'// ~/ ~ z: . 'J ,. ,/-'/--/';;/ ~ /7d4~.c~/ #~/~ ~ I BRUCE V. MALKENHORST City Administrator/City Clerk I 401; I I I I I ORDER OF ADJOUPUlfIT OF rmmG OF TIlE CIlY COUJCIL OF TI-lE CIlY OF VERf'JaJ ----------------------------------------~ I HEREBY CERTIFY THAT A REGULAR MEETING OF THE CITY COUNCIL OF < .., ..... THE CITY OF VERNON.I HELD Tuesday J February 19, 1980 J ~)< ]N THE COUNCIL CHAMBER OF THE CITY H~LL" LOCATED AT 4305 SANTA FE AVENUE.I VERNON" CALIFORNIA.I WAS ADJOURNED BY CRDER OF THE CITY CoUNCIL (QUORlM PRESENT) UNT}\ Tuesday , February 26, 1980 wv.9< l\T FOURO'CLOCKf-<rtJ IN THE COUNCIL CHAMBER OF THE CITY HALLJ LOCATED AT 4305 SANTA FE AVENUE.I VERNONJ CALI FORmA &' -~--~~-------------------- BRUC!: y, Hl\LKENHORST CITY Jl.b~lINISTRATOR/CITY CLERK