19880705 Regular City Council Meeting - Minutes
MINUTES OF THE CITY COUNCIL MEETING HELD
TUESDAY JULY 5, 1988, AT 5:00 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL LOCATED
AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick, Davis
MEMBERS ABSENT: None
Mayor Malburg called the meeting to order.
I
It was moved by Ybarra, seconded by Gonzales, that the
minutes of the June 30, 1988 City Council meeting be deferred to the
next City Council meeting. Motion carried.
Presentation of Service Pin to the following employee:
Lt. Don Green
15 Years
The Chief of Police accepted the 15 year service pin from
the Mayor on behalf of Lt. Don Green who was unable to attend the
meeting.
RESOLUTION NO. 5536 - A Resolution of the City Council of
the City of Vernon Commending Joe Stout for His Many Years of
Service to the City of Vernon, was presented.
The City Clerk read Resolution No. 5536 in its entirety and
it was moved by Ybarra, seconded by McCormick, that Resolution No.
5536 be approved and adopted. Motion carried.
Mayor Malburg presented Resolution No. 5536 to Fire Engineer
Joe Stout and congratulated him on his many years of service and
wished him well during his future retirement years.
At this time the Mayor declared a short recess, the time
being 5:10 p.m.
During the recess there was a ceremonial unveiling by the
Council of an enlarged bronze replica of the city seal which was
mounted on the outside wall of the city hall facility facing
Santa Fe Avenue.
The council reconvened in regular session all members
present before the recess again being present, the time being 5:25
p.m.
Pdlice Department Activity Log for the period June 16 thru
30, 1988, was presented.
I
It was moved by McCormick, seconded by Gonzales, that the
Police Department Activity Log for the period June 16 thru 30, 1988
be received and filed. Motion carried.
Fire Department Activity Report for the period June 16 thru
30, 1988, was presented.
It was moved by Ybarra, seconded by Davis, that the Fire
Department Activity report for the period June 16, thru 30, 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 regarding any matters
listed on today's agenda other than any public hearings.
time.
No one in the audience wished to address the Council at this
1726
City Council Minutes
Page 2
July 5, 1988
At this time it was moved by Gonzales, seconded by Ybarra,
to open the Public Hearing to consider an application from American
Way Transport for a Conditional Use Permit for a truck terminal at
4520 Maywood Avenue, (continued from June 21, 1988 City Council
meeting), the time being 5:25 p.m.
Victor Vaits advised the Council that attempts have been
made by certified mail (return receipt requested) to contact the
applicant for further information with regard to this matter with no
response to date.
I
Mr. Parker owner of the property addressed the Council on
this matter.
Mr. Vaits recommends at this time that this public hearing
be deemed abandoned.
It was moved by Davis, seconded by McCormick that the public
hearing be closed and that no further action be taken on this appli-
cation for a conditional use permit for a truck terminal and that it
is hereby deemed abandoned. Motion carried.
Communication from Victor H. Vaits, Director of Community
Services, dated June 20, 1988, was presented, advising that our
Traffic Signal Maintenance Agreement with Signal Maintenance, Inc.,
expires on August 31, 1988. The contract provides for extension by
mutual agreement under Section 16 of the Special Provisions, and
under Section 12 of the Special provisions they are eligible for a
3.3% increase which they are requesting. It is hereby recommended
that the contract for Traffic Signal Maintenance be extended to
August 31, 1989 and that Signal Maintenance, Inc. be granted a 3.3%
increase.
It was moved by Gonzales, seconded by Davis, that the
Agreement for Traffic Signal Maintenance with Signal Maintenance,
Inc., be extended to August 31,1989 and that a 3.3% increase for
said company be granted. Motion carried. .
Communication from Lewis Adams, Director of Water & Power
Departments, dated June 22, 1988, was presented, recommending that
authority be granted to purchase 9 control Panels from Control
Technologies at a cost of $119,650.00. The controls are needed for
the well sites which are going to be modified and put on the Super-
visory Control and Data Acquisition System (SCADA). A survey of
other manufacturers, prices and deliveries has been made and with
time being of the essence Control Technologies meet our requirements
best.
I
It was moved by McCormick, seconded by Ybarra, that
authority be granted to purchase 9 Control Panels from Control
Technologies at an approximate cost of $119,650.00. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 30, 1988, recommending that the following personnel actions be
approved as indicated:
It was moved by McCormick, seconded by Ybarra, that the fol-
lowing recommendations for hiring, merit steps, advancements and/or
reclassifications be adjusted where appropriate to recognize the
adoption of Salary Resolution No. 5531 on June 30, 1988. Motion
carried.
I HIRE
David Patrick McCall for the position of Police Officer,
Step 6, (Academy Cadet) with a monthly salary of $2216 effective
June 21, 1988, and that the 36 month Employment Agreement for the
position of Police Officer be accepted and ratified effective June
21, 1988. Continued employment is based on Mr. McCall's successful
completion of the background process.
1727
City Council Minutes
Page 3
July 5, 1988
It was moved by Ybarra, seconded by Gonzales, that David P.
McCall be hired as Police Officer, Step 6 with a monthly salary of
$2216 effective June 21, 1988, and that the executed 36 month
Employment Agreement for said position be accepted and ratified,
with continued employment contingent upon his satisfactory
completion of the background process. Motion carried.
I
David Alvarez, a temporary employee assigned to the City
Clerk/Finance Department, as a regular full time employee
classified as Utility Clerk, Step 7 with a monthly salary of $1306
effective July 5, 1988. Continued employment is contingent upon
satisfactory completion of a pre-employment physical.
It was moved by Davis, seconded by McCormick, that David
Alvarez be hired as Utility Clerk, Step 7, with a monthly salary of
$1371 effective July 5, 1988, with continued employment contingent
upon his satisfactory completion of a pre-employment physical.
Motion carried.
Socorro Mendoza as a temporary employee assigned to the
Health Department with an hourly wage of $5.25 effective June 30,
1988.
It was moved by Gonzales, seconded by Ybarra, that Socorro
Mendoza be hired as a temporary employee with an hourly wage of
$5.25, effective June 30, 1988. Motion carried.
John Long Fisher for the position of Police Officer, Step
6, (Academy Cadet) with a monthly salary of $2216 effective June
30, 1988. Mr. Fisher's continued employment will be contingent
upon the signing of a 36 month employment agreement and successful
completion of the background process.
It was moved by McCormick, seconded by Davis, that John L.
Fisher be hired as Police Officer Step 6 with a monthly salary of
$2216 effective June 30, 1988 with continued employment contingent
upon his signing a 36 month employment agreement and successful
completion of the background process. Motion carried.
II REIMBURSEMENT
Lt. James Mason be reimbursed $297.87 from the Education
and Training Appropriation Account for his satisfactory completion
of courses taken at California State University - Long Beach
related to his position with the City.
It was moved by Ybarra, seconded by Gonzales, that Lt. Mason
be reimbursed $297.87 from the Education and Training Appropriation
Account. Motion carried.
I
Elizabeth Sawickis, Police Department Records Manager, be
reimbursed $28.00 from the Education and Training Appropriation
Account for her satisfactory completion of courses taken at
Cerritos Community College related to her position with the City.
It was moved by McCormick, seconded by Davis, that Elizabeth
Sawickis be reimbursed $28.00 from the Education and Training Appro-
priation Account. Motion carried.
III ADVANCE AND/OR RECLASSIFY
Randy Bohlander, Firefighter, Step 1, be advanced and
reclassified to Fire Engineer, Step 3, with a new monthly salary of
$3387 (which includes 15% longevity pay) effective July 3, 1988,
based on his satisfactory completion of the Engineer's examination.
It was moved by Ybarra, seconded by Gonzales, that Randy
Bohlander be advanced and reclassified to Fire Engineer, Step 3,
with a new monthly salary of $3557 (which includes 15% longevity
pay) effective July 3, 1988. Motion carried.
1728
City Council Minutes
Page 4
July 5, 1988
Wenceslao Reynoso, Engineering Aide III, Step 4 in the
Community Services Department, be advanced and reclassified to
Engineering Aide II, Step 6, with a new monthly salary of $2099
effective July 3, 1988, based on his meritorious job performance
and increased job responsibilities.
It was moved by Gonzales, seconded by Davis, that Weces1ao
"Pepe" Reynoso be advanced and reclassified to Engineering Aide II,
Step 6, with a new monthly salary of $2204 effective July 3, 1988.
Motion carried.
I
Vincent Rodriguez, Engineering Aide III, Step 3 in the Com-
munity Services Department, be advanced and reclassified to Engine-
ering Aide II, Step 5, with a new monthly salary of $2214 effective
July 3, 1988, based on his meritorious job performance and increased
job responsibilities.
It was moved by McCormick, seconded by Ybarra, that
Vincent Rodriguez be advanced and reclassified to Engineering II,
Step 5, with a new monthly salary of $2325 effective July 3,
1988. Motion carried.
Bill Wilson, Engineering Aide III, Step 4 in the Community
Services Department, be advanced and reclassified to Engineering
Aide II, Step 5, with a new monthly salary of $2214 effective July
3, 1988, based on his meritorious job performance and increased job
responsibilities.
It was moved by Ybarra, seconded by Davis, that Bill Wilson
be advanced and reclassified to Engineering Aide II, Step 5, with a
new monthly salary of $2325 effective July 3, 1988. Motion carried.
IV MERIT STEP INCREASES BASED ON SATISFACTORY JOB
PERFORMANCE DURING PAST YEAR
Elizabeth Sawickis, Records Manager, Step 4 in the Police
Department, be granted a merit step increase to Records Manager,
Step 3 with a new monthly salary of $3500 (which includes 10%
longevity pay) effective July 17, 1988.
It was moved by Davis, seconded by Gonzales, that Elizabeth
Sawickis be granted a merit step increase to Records Manager Step 3
with a new monthly salary of $3675 (which includes 10% longevity
pay) effective July 17, 1988. Motion carried.
V MISCELLANEOUS
I
Fire Engineer R. L. Smith not be held chargeable for his
on duty accident occurring on April 16, 1988, based on the findings
of the Accident Investigation Committee.
It was moved by McCormick, seconded by Gonzales, that Fire
Engineer R. L. Smith not be held chargeable for his on duty accident
occurring on April 16, 1988. Motion carried.
Warrant Register No. 744 covering claims and demands pre-
sented during the period of June 16 thru 30, 1988, which includes
Demand Nos. 18040 thru 18195 (inclusive) excluding void Demand Nos.
as listed below, and excluding Light & Power Demands; drawn on the
First Interstate Bank totaling $108,196.75 (accounting period June
paid in July 1988), was examined and audited.
18059
18060
18061
18062
18063
18064
18065
18066
18067
18068
18069
18070
18071
18072
18190
18191
18192
18193
18194
18195
1729
City Council Minutes
Page 5
July 5, 1988
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 744 be approved and payment authorized for Demand Nos.
18040 thru 18195 (inclusive) totaling $108,196.75 (excluding Light &
Power Demands, and Void Demands as listed above). Motion carried.
I
Warrant Register No. 744 covering claims and demands
presented during the period of June 16 thru 30, 1988, which includes
Light & Power Demands as listed below drawn on the first Interstate
Bank totaling $605,065.33 (accounting period June paid in July
1988), was examined and audited.
18042
18049
18057
18058
18074
18077
18084
18089
18096
18099
18101
18104
18106
18119
18120
18123
18137
18143
18151
18159
18165
18166
18175
18178
18180
It was moved by McCormick, seconded by Gonzales, that
Warrant Register No. 744 be approved and payment authorized for
Light & Power Demands as listed above totaling $605,065.33. 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.
Warrant Register No. 744 covering claims and demands pre-
sented during the period of June 16, thru 30, 1988, which includes
Demand Nos. 18196 thru 18200 (inclusive), drawn on the First Inter-
state bank totaling $185,207.17 (accounting period July 1988), was
examined and audited.
It was moved by Ybarra, seconded by Davis, that Warrant
Register No. 744 be approved and payment authorized for Demand
Nos. 18196 thru 18200 (inclusive). Motion carried.
Payroll Warrant Register No. 318 covering claims and
demands presented during the period of May 8 thru June 18, 1988,
which includes Demand Nos. 5076 thru 5108 (both inclusive) drawn on
the First Interstate totaling $1,338,184.39 (accounting period June
1988), was examined and audited.
It was moved by McCormick, seconded by Gonzales, that
Payroll Warrant Register No. 318 be approved and payment authorized
for Demand Nos. 5076 thru 5108 (inclusive) in the amount of
$1,338,184.39. Motion carried.
I
Consideration of an untimely claim received from Cassidy,
Warner, Brown, Combs & Thurber on behalf of Rory Electric.
It was moved by Ybarra, seconded by Davis, that this matter
be deferred to closed session later this date. Motion carried.
RESOLUTION NO. 5535 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of an
Agreement for Contractual Services By and Between the City of
Vernon and Edward A. Cooney, DBA EAC Associates, Providing for
Municipal Management Services, was presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 5535 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated June 30, 1988, was presented, advising we are in receipt of
a tentative parcel map for the property located south of Slauson
Avenue, north of Randolph, west of the Union Pacific right-of-way
and east of the LADWP right of way.
1730
I
I
City Council Minutes
Page 6
July 5, 1988
This information has been reviewed by the Director of Community
Services and it is hereby recommended that the map and supporting
documents be received and on the basis of the supplied information,
approve a Notice of Intent to adopt a Negative Declaration in
compliance with the California Environmental Quality Act, stating
that the project will not have a significant effect on the
environment.
It was moved by Gonzales, seconded by McCormick, that the
tentative parcel map for the aforementioned property and supporting
documents be received and filed, and based on the supporting infor-
mation a Notice of Intent to adopt a negative declaration be approved
stating that the project will not have a significant effect on the
environment, in compliance with the California Environmental Quality
Act. Motion carried.
It was moved by McCormick, seconded by Gonzales, that the
Council recess to closed session to meet with its attorney regarding
pending litigation pursuant to Government Code Sections 54956.9(a)
and 54956.9(b)(1) the time being 6:00 p.m. Motion carried.
All persons with the exception of the City Clerk, the City
Attorney and the Director of Community Services were excluded from
Closed Session.
The Mayor ordered all communications to and from closed
session deemed privileged and confidential.
Victor Vaits was excused from closed session, the time being
7:05 p.m.
Councilman Davis was excused from Closed Session, the time
being 7:10 p.m.
Councilman Davis resumed his seat on the Council, the time
being 7:20 p.m.
It was moved by Ybarra, seconded by MCCormick, that the
Council go out of Closed Session and resume regular session the time
being 7:21 p.m. Motion carried
It was moved by MCCormick, seconded by Ybarra, that the
untimely claim of Rory Electric be returned to Cassidy, Warner,
Brown, Combs, & Thurber because it was untimely filed. Motion
carried.
It was moved by Ybarra, seconded by McCormick, that the
Partial Settlement Agreement in FERC Docket No. ER88-083 between
Southern California Edison Company and Vernon be approved and the
Mayor authorized to execute said Agreement. Motion carried.
Councilman Davis abstained from voting on the above motion and dis-
qualified himself because it is reasonably foreseeable that the
decision will have a material financial effect on his source of
income.
The City Administrator advised the Council that he had
received a letter from the City Attorney dated July 5, 1988,
indicating the following:
1) that pursuant to Section 4.1 of th Power Sale Agreement
No. 2 (1989-90) approved on March 15, 1988, between the Department
of Water Resources of the State of California (DWR) and the City of
Vernon, said Agreement would only become effective if Vernon
provided written notice to DWR on or before July IS, 1988;
1731
City Council Minutes
Page 7
July 5, 1988
2) that Vernon may take delivery of firm capacity and
energy pursuant to this Agreement under a transmission service
agreement between Vernon and Southern California Edison Company and
if Vernon does not provide such notice, DWR at its sole discretion,
may extend additional time to provide such notice or may cancel the
Agreement;
I
3) that he had been negotiating with Edison for a firm
transmission service agreement prior to July 15, 1988, in order to
implement Vernon's agreement with DWR and that he believed Edison
had made a firm commitment that it will supply the firm transmission
service to Vernon in order to transmit the capacity being acquired
from DWR; and
4) that since the City Council will not meet again until
after July 15, the Council is requested to authorize the City
Administrator to provide notice to DWR that Vernon intends to
purchase the capacity and energy provided for in the firm capacity
agreement.
The City Administrator explained that as this was a matter
that carne to his attention after the posting of the agenda, that the
Council would need to approve the placement of this matter on the
agenda as an emergency item as it is necessary for the City to take
action to preserve Vernon's rights to purchase capacity and energy
from DWR in accordance with Vernon's Power Sale Agreement No.2.
The City Attorney 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) 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 Gonzales, seconded by Ybarra, that consid-
eration of the July 5, 1988 letter from the City Attorney is placed
on the Agenda. Motion approved by four votes and one abstention.
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
authorize the City Administrator to notify DWR that Vernon intends
to purchase the capacity provided for in the firm capacity agreement
before the July 15, 1988 deadline.
I
It was moved by McCormick, seconded by Gonzales, that the
City Administrator is authorized to provide notice to DWR that
Vernon intends to purchase the capacity provided for in the Power
Sale Agreement No.2 (1989-90) prior to the July 15, 1988 deadline.
Motion carried.
There being no further business to corne before the Council,
it was moved by Gonzales, seconded by McCormick, that the meeting
adjourn. Motion carried.
ATTEST:
~:-/~1)'
yor
~ /;/~~
Bruce V. Malkenhorst
City Clerk
1732