19870602 Regular City Council Meeting - Minutes
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MINUTES OF A REGULAR CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD JUNE 2, 1987, AT
5:00 P.M. IN THE CITY COUNCIL CHAMBERS OF THE
CITY HALL LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT:
Malburg, Ybarra, Davis, McCormick,
Gonzales (assumed his seat at 5:25 p.m.)
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 May 19, 1987, be
approved and adopted. Motion carried.
At this time the Mayor presented Service Pin Awards for
the following employees:
Robert Beaudette, Fire Engineer
Robert Smith, Fire Engineer
Arnold DeBoer, Battalion Chief
Ted Seager, Fire Engineer
Terrell Gresham, Uti1ityman
Karon Berry, Utility Clerk
30 Years
30 Years
30 Years
30 Years
20 Years
5 Years
At 5:15 P.M., the Mayor declared a recess.
At 5:20 P.M., the City Council reconvened to regular
session, all members present before the recess, again being
present.
At this time the Mayor asked if anyone wished to address
the City Council regarding any items listed on today's agenda.
There was no one present in the audience.
Police Department Activity Report for the period of May
15 thru 31, 1987, was presented.
,It was moved by Ybarra, seconded by Davis, that the
Police Department Activity Report for the period of May 15 thru
31, 1987 be received and filed. Motion carried.
Fire Department Activity Report for the period of May 15
thru 31, 1987, was presented.
It was moved by McCormick, seconded by Davis, that the
Fire Department Activity Report for the period of May 15 thru 31,
1987, be received and filed. Motion carried.
Communication from Luis Espinoza, Police Chief, dated May
15, 1987, was presented, requesting authority anar-funds for Lt.
Les Brown to attend the California Association of Labor Relation
Officers Training Seminar, in San Diego, California, on June 18
thru 19, 1987, with an expense allowance of $189.
It was moved by Ybarra, seconded by McCormick, that
authority be granted to issue Lt. Les Brown a warrant in the
amount of $189 to attend the California Association of Labor
Relations Officers Training Seminar on June 18 thru 19, 1987.
Motion carried.
Communication from Bruce V. Ma1kenhorst, City Clerk,
dated May 26, 1987, was presented, requesting authority and funds
for himself, Thomas Ybarra and Mike McCormick, Counci1members, to
attend the Mayors and Council Members Executive Forum, in
Monterey, California, on July 22 thru 24, 1987, with an expense
allowance of $778.
It was moved by Davis, seconded by McCormick, that
authority be granted to issue Thomas Ybarra, Mike McCormick and
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Bruce Ma1kenhorst a warrant in the amount of $778 to attend the
Mayors and Council Members Executive Forum on July 22 thru 24,
1987. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel dated May 26, 1987, was presented, recommending that
the following personnel actions be approved as indicated:
I.
Merit Step Increase and Advancements:
Officer Kevin Smith be advanced to Police Officer I
Step 2, with a new monthly salary of $2151,
effective June 22, 1987, based on his satisfactory
job performance during the past six months, and in
accordance with section 2.5 of the MOU dated August
31, 1986.
It was moved by Ybarra, seconded by McCormick, to advance
Officer Kevin Smith to Police Officer I, Step 2, effective June 22,
1987. Motion carried.
Tommy Rodriguez, a Uti1ityman for the Community
Services Department, be granted a merit step increase
to Utilityman V, Step 5, with a new monthly salary of
$1565, effective June 21, 1987, based on his satisfac-
tory job performance during the past year.
~ It was moved by Davis, seconded by Ybarra, that Tommy
Rodriguez be granted a merit step increase to Utilityman V, Step
5, effective June 21, 1987. Motion carried.
Vincent Rodriguez, an Engineering Aide for the Community
Services Department, be granted a merit step increase
to Engineering Aide III, Step 4, with a new monthly
salary of $1840, effective June 21, 1987, based on his
satisfactory job performance during the past year.
It was moved by McCormick, seconded'by Davis, that Vincent
Rodriguez be granted a merit step increase to Engineering Aide III,
Step 4, effective June 21, 1987. Motion carried.
II. Hire
Jeff Roland be hired on a temporary basis to work in the
Community Services Department with an hourly wage of $5,
effective June 1, 1987.
It was moved by Ybarra, seconded by Davis, that Jeff
Roland be hired as a temporary employee with an hourly wage of
$5, effective June 1, 1987. Motion carried.
Robert Spieler be hired on a temporary basis to work in
the Health Department with an hourly wage of $5.75, ef-
fective June 1, 1987.
It was moved by Davis, seconded by Ybarra, that Robert
Spieler be hired as a temporary employee with an hourly wage of
$5.75, effective June 1, 1987. Motion carried.
Suzanne Hennes be hired on a temporary basis to work in
the Police Department with an hourly wage of $5.25, ef-
fective June 15, 1987.
It was moved by Ybarra, seconded by McCormick, that
Suzanne Hennes be hired as a temporary employee with an hourly
wage of $5.25, effective June 15, 1987.
III. Resignations
The resignation of Sally Farrar, Communications
end of her shift.
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It was moved by Davis, seconded by McCormick, that the
resignation of Sally Farrar be accepted effective May 30, 1987.
Motion carried.
IV. Reimbursements
Officer David Enriquez be reimbursed for one half
the cost of his bullet proof vest in the amount of
$186.35.
It was moved by Ybarra, seconded by McCormick, that
Officer David Enriquez be reimbursed $186.35 for one half the
cost of his bullet proof vest. Motion carried.
Jorge Somoano, Electrical Engineering Assistant, for
the Water and Power Department be reimbursed $305.90
for his satisfactory completion of college courses
taken related to his position with the City.
It was moved by Davis, seconded by Ybarra, to reimburse
Jorge Somoano $305.90 for his satisfactory completion of college
courses. Motion carried.
Communication from Bruce V. Ma1kenhorst, City Clerk, dated
May 26, 1987, was presented, advising of a request which
Counci1member McCormick received from the Independent Cities
Association for the City of Vernon to host their Board Meeting on
October 15, 1987 and that said request be approved and that it be
held at the La Villa Basque Restaurant.
It was moved by Gonzales, seconded by Davis, that the
request which Counci1member McCormick received from the Independent
Cities Association for the City of Vernon to host their Board
Meeting on October 15, 1987 to be held at the La Villa Basque
Restaurant be approved. Motion carried.
Communication from Bruce V. Ma1kenhorst, City Clerk, dated
May 26, 1987, was presented, advising of a request received by
Councilmember McCormick from Jeanne Parrish, President of the
Independent Cities Association, for the City to donate $500 to help
defray the cost of their 27th Annual Seminar to be held July 8 thru
12, 1987 in Escondido, California.
It was moved by Davis, seconded by Ybarra, that the request
received by Councilmember McCormick from Jeanne Parrish, President
of the Independent Cities Association, for the City to donate $500
to help defray the cost of their 27th Annual Seminar to be held July
8 thru 12, 1987 in Escondido, California, be approved. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated May 26, 1987, was presented, transmitting the minutes
of the Adjourned Finance Committee Meeting held on May 21, 1987, for
your approval of recommendations contained there'in.
It was moved by Davis, seconded by McCormick, that the
recommendations contained in the minutes of the Adjourned Finance
Committee Meeting held on May 21, 1987 be approved. Motion carried.
Warrant Register No. 718 covering claims and demands
presented during the period of May 16 thru May 31, 1987, which
includes demand Nos. 13008 thru 13146 (both inclusive) excluding
void Demand Nos. 13028, 13047 thru 13051 and excluding Light and
Power Demands, drawn on the First Interstate Bank totaling
$67,195.46 (Accounting period June 1987), was examined and audited.
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It was moved by Ybarra, seconded by McCormick, that Warrant
Register No. 718 be approved and payment authorized for Demand Nos.
13008 thru 13146 (both inclusive) excluding void Demand Nos. 13028,
13047 thru 13051, (and with the exception of Demand No. 13032 in
the amount of $398.50), excluding Light and Power Demands, in the
amount of 66,796.96, with no other exceptions. Motion carried.
Warrant Register No. 718 covering claims and demands
presented during the period of May 16 thru 31, 1987, which includes
Light and Power Demand Nos. as listed below, drawn on the First
Interstate Bank totaling $431,161.19 (Accounting period June 1987)
was examined and audited:
13009
13042
13081
13120
13010
13044
13085
13123
13012
13059
13086
13126
13015
13062
13090
13129
13039
13077
13111
13142
It was moved by Gonzales, seconded by McCormick, that
Warrant Register No. 718 be approved and payment authorized for
Light and Power Demand Nos. listed above, in the amount of
$431,161.19 with no other exceptions. Motion carried. Councilman
Davis abstained from voting on the above motion and disqualified
himself because it's reasonably foreseeable that the decision will
have a material financial effect on his source of income.
Payroll, Warrant Register No. 368 covering claims and demands
presented during the period of April 12 thru May 9, 1987, which
includes Demand Nos. 4764 thru 4784 (both inclusive) drawn on the
First Interstate Bank totaling $758,364.58 (Accounting Period May
1987), was examined and audited.
It was moved by Ybarra, seconded by Davis, that Payroll
Warrant Register No. 368 be approved and payment authorized for
Demand Nos. 4764 thru 4784 (both inclusive) in the amount of
$758,364.58, with no exceptions. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
May 28, 1987, was presented, transmitting the proposal from Thomason
Mechanical Corporation for the installation of two (2) gas turbine/
generator units at the diesel plant at a cost not to exceed
$448,000. This proposal has been reviewed by city staff and
consultants and it is hereby recommended that said proposal be
accepted.
It was moved by Ybarra, seconded by Gonzales, that proposal
from Thomason Mechanical Corporation be accepted and that the
communication from the City Clerk be received and filed. Motion
carried.
RESOLUTION NO. 5397 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Proposal by and Between Thomason Mechanical and the City of Vernon
to Provide Expert Services to Install Two 571-K Gas Turbine
Generators, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 5397 be approved and adopted. Motion carried.
The Consideration of a letter of intent to adopt a Power
Sale Agreement between the Department of Water Resources of the
State of California and the City of Vernon to enable Vernon to
purchase capacity and energy from the Department of Water Resources.
It is anticipated that the staff will recommend the approval of the
letter of intent to adopt a Power Sale Agreement, request authority
to provide notice to Southern Edison Company of said purchase, and
request the adoption of the following resolution:
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RESOLUTION NO. 5396 - A Resolution of the City Council of the
City of Vernon Approving and Authorizing the Execution of a Letter of
Intent to Adopt a Power Sale Agreement Between the Department of Water
Resources of the State of California and the City of Vernon to Provide
for the Purchase of Capacity and Energy and to Provide Notice to
Southern California Edison Company of Said Purchase.
It was moved by Ybarra, seconded by Gonzales, that the
matter of the letter of intent to adopt a Power Sale Agreement
between the Department of Water Resources of the State of California
and the City of Vernon be deferred to the next Council Meeting.
Motion carried.
At this time, 5:57 P.M. the Mayor declared a recess.
The Council reconvened in Regular Session, the time being
6:16 p.m., all persons present before the recess again being present.
It was moved by Ybarra, seconded by McCormick, that the City
Council recess to Closed Session pursuant to Government Code Section
54956.9(a) and (b)(l), the time being 6:16 p.m. Motion carr~ed.
All persons with the exception of the City Attorney, the
City Clerk and the Director of Community Services were excluded from
Closed Session.
The Mayor ordered all communications to and from Closed
Session be deemed privileged and confidential.
The Director of Community Services was excused from Closed
Session, the time being 6:32 p.m.
Chief of Police Espinoza and Captain Rosenkrantz came before
the Council in Closed Session, the time being 6:33 p.m.
It was moved by McCormick, seconded by Ybarra that City
Council go out of Closed Session and resume Regular Session, the
time being 6:45 p.m. Motion carried.
It was moved by McCormick, seconded by Davis, that the City
Council recess to Closed Session to consider personnel matters
pursuant to Government Code Section 54957, the time being 6:46 p.m.
Motion carried.
All persons with the exception of the City Attorney, the
City Clerk, the Chief of Police, Luis Espinoza and Captain
Rosenkrantz were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session be deemed privileged and confidential.
Captain Rosenkrantz and Chief of Police Espinoza were
excused from Closed Session, the time being 6:50 p.m.
It was moved by Ybarra, seconded by McCormick, that City
Council go out of Closed Session and resume Regular Session, the
time being 6:53 p.m.
It was moved by Gonzales, seconded by Davis to terminate
Suzanna Estrada effective June 2, 1987, based on her failure to pass
probation. Motion carried.
It was moved by McCormick, seconded by Gonzales that the
City Council recess to Closed Session pursuant to Government Code
Section, 54596.9(a) and (c), to confer with its attorney regarding
pending litigations, the time being 6:54 p.m. Motion carried.
All persons with the exception of the City Attorney and the
City Clerk were excused from Closed Session.
The Mayor ordered all communications to and from Closed
Session be deemed privileged and confidential.
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Councilman Davis was excused from Closed Session, the time
being 6:55 p.m.
Councilman Davis resumed his seat on the council at 7:35
p.m.
It was moved by Ybarra, seconded by McCormick, that City
Council go out of Closed Session and resume Regular Session, the
time being 7:36 p.m.
The City Attorney explained to the City Council that the
Southern California Edison Company had refused to provide Vernon
with a firm transmission service agreement which would permit Vernon
to schedule capacity energy from the Western Area Power Administra-
tion ("Western") in accordance with Vernon's agreement with Western
unless Vernon waived its right to seek relief before the Federal
Energy Regulatory Commission. Vernon's entitlement to capacity
and energy from Western was to start on June 1, 1987. Therefore, the
City Attorney indicated that he had negotiated an Exchange Agreement
with the Department of Water and Power of the City of Los Angeles to
provide interim temporary relief while the issues were presented to
the Federal Energy Regulatory Commission for determination. This
Agreement was not received by the City Attorney until Monday, June 1,
1987, and therefore was a matter that arose after the posting of the
Agenda. It is necessary that the City take action on this Agreement
in order to permit Vernon to schedule capacity and energy from Western
in accordance with Vernon's agreement with Western. Therefore, he
advised that the need to take action arose after the Agenda was posted
in accordance with Government Code Section 54954.2(b)(1)and (2). The
City Attorney advised of the necessity of the City Council approving
by a two-thirds majority th addition of this item to the Agenda.
It was moved by McCormick, seconded by Ybarra, that
consideration of the Exchange Agreement between the City of Vernon
and the Department of Water & Power of the City of Los Angeles is
placed on the Agenda. 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 recommended that the City Council approve
the Exchange Agreement and authorize him to execute said Agreement
with the Department of Water & Power of the City of Los Angeles
which provides that Los Angeles will utilize Vernon's allocations of
capacity and energy and return them to Vernon at a later time when
Vernon is able to accept the allocations of capacity and energy and
receive appropriate credits pursuant to the partial requirements
schedule.
It was moved by McCormick, seconded by Ybarra, that the City
Attorney's recommendations be approved and that the City Attorney be
authorized to execute the Exchange Agreement with the Department of
Water & Power of the City of Los Angeles. Motion carried. Council-
man 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 indicated that in light of Edison's
activities in denying Vernon firm transmission service, which would
enable Vernon to transport its allocation to Boulder Canyon Project
capacity and energy, he reported that he had filed with Judge Zimmet
in Docket No. ER84-75 (Phase II) a motion to reopen the record and
request that the Judge consider Edison's negotiating activity and
tactics and Edison's denial of firm transmission to Vernon.
It was moved by McCormick, seconded by Ybarra, that the
City Attorney's actions in filing a motion to reopen the record be
ratified and approved. 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.
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It was moved by McCormick, seconded by Gonzales, that there
being no further business to come before the Council that the
meeting adjourn. Motion carried.
ATTEST:
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> Leonis C. Mal ;;~g,~a%r
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Bruce V. Malkenhorst, City Clerk
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