19890822 Regular City Council Meeting - Minutes
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MINUTES OF AN ADJOURNED REGULAR CITY
COUNCIL MEETING OF THE CITY OF VERNON
HELD AUGUST 22, 1989 AT 4:45 P.M. IN
THE COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, McCormick, Davis, Gonzales
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Gonzales, that the
minutes of the Adjourned Regular City Council Meeting held August
8, 1989, be approved as written and adopted. Motion carried.
Police Department Activity Log for the period August 1
thru 15, 1989, was presented.
It was moved by Davis, seconded by Ybarra, that the
Police Department Activity Log for the period August 1 thru 15,
1989, be received and filed. Motion carried.
Fire Department Activity Report for the period August 1
thru 15, 1989, was presented.
It was moved by McCormick, seconded by Gonzales, that
the Fire Department Activity Report for the period August 1 thru
15, 1989, be received and filed. Motion carried.
Health Department Report for the month of July, 1989,
was presented.
It was moved by Ybarra, seconded by Davis, that the
Health Department Report for the month of July, 1989, be received
and filed. Motion carried.
At this time, the Mayor asked if there was anyone in the
audience who wished to address the City Council on any matters
listed on today's agenda.
There was no one present in the audience who wished to
address the City Council.
RESOLUTION NO. 5645 - A Resolution of the City Council
of the City of Vernon Establishing Vacation Policies, Holidays
and "In Lieu" Holidays for Employees of the City of Vernon and
Repealing all Resolutions in Conflict Therewith. (Deferred from
the City Council Meeting held August 8, 1989.)
It was moved by Ybarra, seconded by Davis, that
Resolution No. 5645 be deferred to the next City Council Meeting.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 17, 1989, was presented, advising that as provided
in Ordinance No. 929, a computation is being made to determine
the Energy Cost Adjustment Billing Factor for the next two
month period. The new factor shall be available by the City
Council meeting of August 22, 1989, and will be submitted at that
time, and it is hereby recommended that this proposed new factor
be approved to be effective for all bills rendered from September
1, 1989. (This matter was deferred from the August 8, 1989 City
Council Meeting.)
Jorge Somoano, Electrical Engineering Associate,
addressed the City Council on this matter and advised that the
new factor is negative $0.01921 per kWH.
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City Council Minutes
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August 22, 1989
It was moved by Ybarra, seconded by Gonzales, that
the new Energy Cost Adjustment Billing Factor of negative
$0.01921 per kWH be approved for a two month period for all
bills rendered from September 1, 1989. Motion carried.
RESOLUTION NO. 5649 - A Resolution of the City Council
of the City of Vernon Changing the Energy Cost Adjustment Billing
Factor Charged for Electrical Energy Distributed and Supplied to
its Electrical Consumers, was presented. (Deferred from the City
Council Meeting held August 8, 1989.)
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 5649 be approved and adopted. Motion carried.
RESOLUTION NO. 5655 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement with Aaron D. Cushman, a Public Relations
Consultant, was presented. (Deferred from City Council Meeting
held August 8, 1989.)
It was moved by Ybarra, seconded by Davis, that
Resolution No. 5655 be approved and adopted. Motion carried.
RESOLUTION NO. 5657 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Administrative Services Contract By and Between the City of
Vernon and United of Omaha Life Insurance Company (OMAHA), was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 5657 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated August 17, 1989, was presented, transmitting the
agenda for the Personnel Committee Meeting to be held August 21,
1989, for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Davis, that the
aforementioned Personnel Agenda be deferred until after Closed
Session this date. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated August 17, 1989, was presented, transmitting the
agenda for the Adjourned Finance Committee Meeting to be held
August 21, 1989, for approval of the recommendations contained
therein.
It was moved by Ybarra, seconded by Davis, that the
recommendations listed on the agenda for the Finance Committee
Meeting held August 21, 1989, be approved with the exception of
the two 3/4 ton diesel trucks for Community Services. Motion
carried.
RESOLUTION NO. 5662 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
a Letter Agreement with Peat Marwick Main & Co. to Provide Tax
Consulting Services Respecting the City's Deferred Compensation
Plan, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 5662 be approved and adopted. Motion carried.
Communication from Louis Rosenkrantz, Police Chief,
dated August 3, 1989, was presented, requesting authority and
funds for Sgt. Solomon Benudiz to attend the California
Association of Training Officers' Annual Training Conference in
Fresno October 25-27, 1989 with an expense allowance of $425.89.
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City Council Minutes
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August 22, 1989
It was moved by Ybarra, seconded by McCormick, that
authority be granted to issue warrant to Sgt. Solomon Benudiz in
the amount of $425.89 for his attendance at the California
Association of Training Officers' Annual Training Conference in
Fresno October 25-27, 1989. Motion carried.
Communication from Lewis R. Adams, Director of Water &
Power, dated August 3, 1989, was presented, requesting funds for
Jim Siegert, Power Plant Superintendent, to attend and witness
the testing of Gas Turbine unit #7 in Oakland August 9, 1989 with
an allowance for expenses in the amount of $118.00.
It was moved by McCormick, seconded by Gonzales, that
authority be granted to issue warrant to Jim Siegert in the
amount of $118.00 for his attendance at the testing of Gas
Turbine unit #7 in Oakland August 9, 1989. Motion carried.
Communication from Victor Vaits, Director of Community
Services, dated August 9, 1989, was presented, transmitting a
fully executed Grant Deed from Harold Roach, Betty Roach, W. Ben
Finkel, Bernetta Finkel, Harold Finkel and Saralie Finkel. The
deed is for a portion of property, approximately 543 square feet
in size, situated at the northwest corner of 49th and Hampton
Streets, for the enlargement of the curb return. It is hereby
recommended that the Grant Deed be accepted, the Certificate of
Acceptance be approved and the Mayor and City Clerk be authorized
to execute same.
It was moved by Ybarra, seconded by Davis, that the
communication from the Director of Community Services, dated
August 9, 1989 be received and filed; the Grant Deed be accepted,
the Certificate of Acceptance be approved and the Mayor
and City Clerk be authorized to execute same. Motion carried.
Communication from victor Vaits, Director of Community
Services, dated August 16, 1989, was presented, advising that the
bids for Contract No. 495 (Third Floor Addition) were opened on
August 10, 1989 in accordance with said contract and are listed
below:
The Gorham Company, Inc.
Stacy Construction, Inc.
Ray V. Anderson Company
$ 998,561
$ 1,130,254
$ 1,166,600
The bids have been reviewed and it is hereby recommended that
said contract be awarded to the Gorham Company, Inc., 1149 Pomona
Road, Suite J, Corona, California on the basis of their bid in
the amount $998,561.
It was moved by Gonzales, seconded by Ybarra, that the
communication {rom the Director of Community Services, dated
August 16, 1989, be received and filed; and that Contract No. 495
be awarded to the Gorham Company, Inc., on the basis of their bid
in the amount of $998,561. Motion carried.
RESOLUTION NO. 5658 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of the Gorham Company,
Inc., for Vernon Civic Center Third Floor Addition in Accordance
with Contract No. 495 of the City of Vernon and Approving the
Execution of Said Contract, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 5658 be approved and adopted. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
August 8, 1989, was presented, requesting authority and funds for
Police Officer Jay Ellsworth to attend the Gangs and Subculture
Course at the Los Angeles Sheriff Department's Star Center, 9/18-
22, with an expense allowance of $76.40 (of which the entire
amount is POST reimbursable).
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August 22, 1989
It was moved by Ybarra, seconded by Davis, that
authority be granted to issue warrant to Jay Ellsworth in the
amount of $76.40 (of which the entire amount is POST reimbur-
sable) for his attendance at the Gangs and Subculture Course
at the Los Angeles Sheriff Department's Star Center, 9/18-22/89.
Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
August 8, 1989, was presented, requesting authority and funds for
Police Officer Christian Moscoso to attend the Crime Scene
Investigation Course at Whittier Police Department September 27-
29, 1989, with an expense allowance of $98.40 (of which $63.40 is
POST reimbursable).
It was moved by McCormick, seconded by Gonzales, that
authority be granted to issue warrant in the amount of $98.40 (of
which $63.40 is POST reimbursable) for his attendance at the
Crime Scene Investigation Course at Whittier Police Department
September 27-29, 1989. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator, dated August 16, 1989, was presented, requesting
authority and funds for himself, Mayor Pro-tern Thomas Ybarra, and
Councilmen Hilario Gonzales, William Davis, and William M.
McCormick to attend the 66th Annual National League of Cities
Conference in Atlanta, Georgia, November 25-29, 1989, with an
expense allowance of $1020 each.
It was moved by Ybarra, seconded by Davis, that
authority be granted for the aforementioned city officials to
attend the 66th Annual National League of Cities Conference in
Atlanta, Georgia, November 25-59, 1989, with an expense allowance
of $1020 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 17, 1989, was presented, advising that the Director
of Water and Power is requesting that Twining & Associates, Inc.,
be engaged to provide quality control inspection of the welding
and interior coating of Reservoir No. 3-3, which will be done
under City of Vernon Contract No. 496. State Health Department
requirements call for special care to insure use of proper
materials and application for facilities used for potable water.
Since the City does not have trained staff or equipment to insure
compliance, it is hereby recommended that the services of Twining
& Associates, Inc. be retained to provide quality control
inspection at a cost not to exceed $15,000.
It was moved by McCormick, seconded by Gonzales, that
authority be granted to retain the services of Twining &
Associates, Inc. to provide quality control inspection for
Contract No. 496 at a cost not to exceed $15,000. Motion
carried.
RESOLUTION NO. 5664 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement with Twining & Associations, Inc. to Provide Quality
Control Inspection of the Welding and Interior Coating of
Reservoir No. 3-3 (Contract No. 496), was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 5664 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 17, 1989, was presented, transmitting a proposed
Joint Powers Agreement creating the Southeast Cities
Transportation Authority. This agreement has been reviewed by
the City Attorney and the Director of Community Services and it
is hereby recommended that said agreement be adopted and the
Mayor and City Clerk be authorized to execute same.
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August 22, 1989
It was moved by Gonzales, seconded by Ybarra, to receive
and file the City Clerk's communication; to approve the Joint
Powers Agreement creating the Southeast Cities Transportation
Authority; that Mayor Pro-tern Thomas Ybarra be appointed as the
City's Delegate to the Authority's Board of Directors and
Councilman william M. McCormick be appointed alternate Delegate;
and that the Mayor and City Clerk be authorized to execute same.
Motion carried.
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RESOLUTION NO. 5663 - A Resolution of the City Council
of the City of Vernon Authorizing the Execution of a "Joint
Powers Agreement Creating the Southeast Cities Transportation
Authority," Approving the Membership of the City in Such
Authority, Appointing the City's Representative to the
Authority's Board of Directors, and Related Matters, was
presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 5663 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 771 covering claims and demands
presented during the period of August 1 thru August 15, 1989,
drawn on the First Interstate Bank totaling $215,616.99, which
includes Demand Nos. 23663 thru 23902 (inclusive); excluding
Light & Power Demands and void Demands as listed below:
(accounting period August, 1989), was examined and audited.
23670
23686
23687
23688
23689
23690
23691
23692
23693
23694
23695
23696
23697
23698
23699
23700
23702
23703
23704
23705
23706
23836
It was moved by McCormick, seconded by Davis, that
Warrant Register No. 771 be approved and payment authorized for
claims and demands totaling $215,616.99 excluding Light & Power
Demands. Motion carried.
WARRANT REGISTER NO. 771 covering claims and demands
presented during the period of August 1 thru August 15, 1989,
drawn on the First Interstate Bank totaling $4,075,317.93, which
includes Light & Power Demand Nos. as listed below, (accounting
period August, 1989), was examined and audited.
23667 23683 23845** 23787 23802** 23876
23668 23713 23761 23790 23854 23877
23669 23716 23763 23806 23855 23881
23672 23723 23764 23813 23857 23889
23673 23732 23769 23815 23858 23890
I 23674 23740 23772 23824 23859 23893
23675 23747 23774 23827 23865 23898
23676 23748 23778 23837 23868
23680 23750 23780 23840 23870
23681 23760 23781 23875 23873
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 771 be approved and payment authorized for
claims and demands totaling $4,075,317.93. 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.
PAYROLL WARRANT REGISTER NO. 394 covering claims and
demands presented during the period of June 18 thru July 15,
1989, drawn on the First Interstate Bank totaling $1,017,147.90
which includes Demand Nos. 5431 thru 5459 (inclusive), (accounting
period July 1989), was examined and audited.
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August 22, 1989
It was moved by McCormick, seconded by Ybarra, that
Payroll Warrant Register No. 394 be approved and payment
authorized for demands totaling $1,017,147.90. Motion carried.
Communication from Lewis R. Adams, Director of Water &
Power, dated August 17, 1989, was presented, requesting authority
and funds for Jorge Somoano, Electrical Engineering Associate, to
attend the negotiation meeting with PG&E on the south of Tesla
transmission in San Francisco August 23, 1989 with an expense
allowance of $223.75.
It was moved by Ybarra, seconded by Davis, that
authority be granted to issue warrant to Jorge Somoano in the
amount of $223.75 for his attendance at the negotiation meeting
with PG&E in San Francisco August 23, 1989. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 17, 1989, was presented, submitting a proposed Joint
Exercise of Powers Agreement between the City of Long Beach and
the City of Los Angeles to be known as "Consolidated Transporta-
tion Corridor Joint Powers Authority." Although this was orig-
inally considered during the July 11, 1989 City Council meeting
and agreed upon not to participate; at least two meetings have
been held with the other corridor cities and it is hereby recom-
mended that the City participate in the Joint Exercise of Powers
Agreement.
It was moved by McCormick, seconded by Gonzales, to
receive and file the communication from the City Clerk; to
approve the City's participation in the Consolidated Transpor-
tation Corridor Joint Powers Authority (Joint Exercise of Powers
Agreement), and to appoint Mayor Pro-tern Thomas A. Ybarra as the
Delegate and William M. McCormick as the Alternate Delegate on
the Governing Board. Motion carried.
RESOLUTION NO. 5659 - A Resolution of the City Council
of the City of Vernon Confirming the "Joint Exercise of Powers
Agreement between the City of Long Beach and the City of Los
Angeles to be Known as Consolidated Transportation Corridor Joint
Powers Authority" and Appointing a Member to the Governing
Board, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 5659, be approved and adopted. Motion carried.
RESOLUTION NO. 5661 - A Resolution of the City Council
of the City of Vernon Amending Exhibit "A", Schedule II, Page 14
of Resolution No. 5641, which Fixed the Compensation for Certain
Employees of Said City and Authorized Certain Expense Allowances,
was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 5561 be approved and adopted. Motion carried.
Consideration of liability claim of Aurelio Garcia.
It was moved by Ybarra, seconded by Davis, that the
matter of the liability claim of Aurelio Garcia be deferred to
Closed Session. Motion carried.
It was moved by McCormick, seconded by Ybarra, that the
Council to into Closed Session, Personnel pursuant to Govern-
ment Code Section 54957, the time being 6:00 p.m. Motion carried.
The Mayor ordered all communications to and from Closed
Session be deemed privileged and confidential.
All persons with the exception of the Police Chief,
Police Captain, the City Clerk, and the City Attorney were
excluded from Closed Session.
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City Council Minutes
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August 22, 1989
Chief Rosenkrantz and Captain Mason were excused from
Closed Session at 6:40 p.m.
It was moved by Ybarra, seconded by McCormick, that the
Council go out of Closed Session, the time being 6:55 p.m.
Motion carried.
It was moved by Davis, seconded by Gonzales, that the
Council go into Closed Session to confer with the City Attorney
pursuant to Government Code Section(s) 54956.9(a) and 54956.9(c)
the time being 6:56 p.m. Motion carried.
Councilman Davis was excused at 7:15 p.m.
Councilman Davis resumed his seat on the Council at 7:40
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 7:41 p.m. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated August 15, 1989, with regard to the Claim of Aurelio
Garcia for an accident occurring on May 11, 1988; advising that
said claim has been reviewed by our liability administrators and
it is hereby recommended that said claim be settled.
It was moved by Gonzales, seconded by Davis, that set-
tlement be made in the matter of Aurelio Garcia. Motion carried.
It was moved by Ybarra, seconded by Davis, that Police
Officer Anthony Rendon be suspended twenty (20) days without pay
for his violating Section(s) 400.03(D), 400.33(B), and 400.35 of
the Manual of Policy, Ethics and Procedure of the Police
Department. Motion carried.
It was moved by Gonzales, seconded by McCormick, that
Police Officer Robert S. pellerin be suspended five (5) days
without pay for his violating Section 400.03(D) of the Manual of
Policy, Ethics and Procedure of the Police Department. Motion
carried.
The City Attorney indicated that Edison had filed with
the Public utilities Commission of the State of California a fuel
cost procedure identified as Public utilities Commission Docket
#89-05-064 and recommended that the City of Vernon intervene in
said proceeding.
It was moved by Gonzales, seconded by Ybarra, that the
City Attorney be authorized to intervene on behalf of the City of
Vernon in Public utilities Commission Docket #89-05-064.
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.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated August 17, 1989, was presented, transmitting the
agenda for the Personnel Committee Meeting to be held August 21,
1989, for approval of the recommendations contained therein
(deferred from earlier in the meeting).
It was moved by McCormick, seconded by Ybarra, that the
recommendations listed on the August 21, 1989 Personnel Agenda,
with the exception of a merit step increase for Andrew Thompson
be approved. Motion carried.
There being no further business to come before the
Council it was moved by McCormick, seconded by Ybarra, that the
meeting adjourn. Motion carried.
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City Council Minutes
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ATTEST:
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Bruce V. Malkenhorst, City Clerk
August 22, 1989
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ORDER OF ADJOURNMENT OF MEETING
OF THE CITY COUNCIL OF THE CITY OF VERNON
I HEREBY CERTIFY THAT A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF VERNON TO BE HELD TUESDAY, AUGUST 15, 1989
AT 4:45 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED
AT 4305 SANTA FE AVENUE, CALIFORNIA, WAS ADJOURNED BY ORDER
OF THE CITY CLERK (QUORUM NOT PRESENT) UNTIL TUESDAY, AUGUST 22,
1989, AT 4:45 P.M. IN THE COUNCIL CHAMBERS OF THE CITY
HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
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t.~ /LLi/b__ {/,/ttL&/2-t!:~~J
Bruce V. Malkennorst, {i:
City Clerk
BY:
Clerk
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