19900807 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING OF
THE CITY OF VERNON HELD AUGUST 7, 1990
AT 5 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 Davis, seconded by Gonzales, that the
minutes of the City Council Meeting held July 17, 1990, be approved
as submitted and adopted. Motion carried.
At this time Police Chief Rosenkrantz accepted a Five Year
Service pin on behalf of Lora Lozano, Senior Dispatcher in the Police
Department, who was unable to attend the meeting.
Police Department Activity Log for the period July 15 thru
31, 1990, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period July 15 thru 31, 1990,
be received and filed. Motion carried.
Fire Department Activity Report for the period July 15 thru
31, 1990, was presented.
It was moved by Ybarra, seconded by McCormick, that the
Fire Department Activity Report for the period July 15 thru 31, 1990,
be received and filed. Motion carried.
RESOLUTION NO. 5800 - A Resolution of the City Council of
the City of Vernon Commending Genaro Acosta for His Many Years of
Service to the City of Vernon, was read in its entirety by the City
Clerk.
It was moved by Ybarra, seconded by McCormick, that Resolu-
tion No. 5800 be approved and adopted. Motion carried.
RESOLUTION NO. 5801 - A Resolution of the City Council of
the City of Vernon Commending George Quincy Goins for His Many Years
of Service to the City of Vernon, was presented.
It was moved by Gonzales, seconded by Davis, that Resolu-
tion No. 5801. be approved and adopted. 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 the agenda other than with regard to any Public Hearing that may
be listed.
There was no one present in the audience who wished to
address the City Council on any matter listed on the agenda.
RESOLUTION NO. 5796 - A Resolution of the City Council of
the City of Vernon, Approving and Authorizing the Execution of an
Equipment Maintenance Agreement (7/1/90 Through 9/30/90) By and
Between the City of Vernon and A.L. Communications, Inc. for
Maintenance of the City's Present Telephone System, was presented.
(Deferred from the City Council Meeting held July 17, 1990.)
It was moved by Ybarra, seconded by Mccormick, that
Resolution No. 5796 be approved and adopted. Motion carried.
RESOLUTION NO. 5797 - A Resolution of the City Council of
the City of Vernon, Approving and Authorizing the Execution of an
Equipment Maintenance Agreement (10/1/90 Through 6/30/91) By and
Between the City of Vernon and A.L. Communications, Inc. for
,
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City Council Minutes
page 2
August 7, 1990
Maintenance of the City's Telephone System That Includes the Third
Floor Addition, was presented. (Deferred from the City Council
Meeting held July 17, 1990.)
It was moved by Gonzales, seconded by Davis, that Resolu-
tion No. 5797 be approved and adopted. Motion carried.
ORDINANCE NO. 990 - An Ordinance of the City Council of the
City of Vernon Authorizing an Amendment to the Contract Between the
City Council of the City of Vernon and the Board of Administration of
the Public Employees' Retirement System ("PERS"), was read by title
for a Second and Final Reading.
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 990 be approved and adopted. Motion carried.
Ayes:
Noes:
Absent:
Abstain:
Malburg, Ybarra, Davis, McCormick, Gonzales
None
None
None
Communication from Bruce V. Malkenhorst, City Clerk, dated
July 11, 1990, transmitting a Workers' compensation Self-Insurance
Agreement from Colen & Lee, the City's third party workers' compen-
sation administrators. This agreement reflects an 11% increase for
service to $1788 per month for Fiscal Year 1990-91. This has been
reviewed by our Risk Manager and the City Attorney and it is hereby
recommended that said Service Agreement be approved and that the
Mayor Pro Tem and the City Clerk be authorized to execute same.
(Deferred from the City Council Meeting held July 17, 1990.)
It was moved by Ybarra, seconded by Davis, that the matter
of the Workers' Compensation Self-Insurance Agreement from Colen &
Lee be deferred to the next City Council Meeting to be held August
21, 1990. Motion carried.
RESOLUTION NO. 5791 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Workers' Compensation Self-Insurance Service Agreement By and Between
the City of Vernon and Colen & Lee, Inc. Providing for the Adminis-
tration of a Workers' Compensation Self-Insurance Program. (Deferred
from the City Council Meeting held July 17, 1990.)
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5791 be deferred to the next City Council Meeting to
be held August 21, 1990. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
July 12, 1990, was presented, advising that in accordance with
Assembly Bill 939, we are required to prepare a Source Reduction and
Recycling Element Plan by July 1, 1991 in order to implement a
schedule to divert 25% of all solid waste by January 1, 1995 through
source reduction, recycling, and composting activities. Proposals
were taken from two (2) integrated waste management services firms
and it is hereby recommended that the City retain the services of
EMCON Associates, 140 Camino Ruiz, Camarillo 93012 for Consulting
Services to prepare a Waste Management Plan at an approximate cost of
$90,000. This matter has been reviewed by the Director of Community
Services, the Director of Environmental Health and the City Attorney.
(Deferred from the City Council Meeting held July 17, 1990.)
It was moved by McCormick, seconded by Ybarra, that the
communication from the City Clerk, dated July 12, 1990, with regard
to retaining EMCON Associates for Consulting Services be received and
filed and his recommendation be approved. Motion carried.
RESOLUTION NO. NO. 5792 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of an
Agreement By and Between the City of Vernon and EMCON Associates to
Provide Consulting Services for the Implementation of AB 939, was
presented. (Deferred from the City Council Meeting held July 17, 4031
1990. )
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City Council Minutes
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August 7, 1990
It was moved by Davis, seconded by Gonzales, that
Resolution No. 5792 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated August 2, 1990, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held August 6, 1990,
for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Mccormick, that the
recommendations listed on the Agenda for the Personnel Committee
Meeting held August 6, 1990, be approved with the exception of the
matter of an additional secretarial position for the Light and Power
Department and the Environmental Technician for the Health Department
which were referred to the next Finance Committee Meeting. Motion
carried.
RESOLUTION NO. 5806 - A Resolution of the City Council of
the City of Vernon Amending Exhibit "A", Schedule II, Pages 14 and
17, of Resolution No. 5780, Which Fixed the Compensation for certain
Employees of Said City and Authorized certain Expense Allowances.
It was moved by Davis, seconded by Ybarra, that Resolution
No. 5806 be deferred to the next City Council Meeting to be held
August 21, 1990. Motion carried.
Communication from Bruce V. Malkenhorst, city Clerk, dated
July 26, 1990, was presented, advising that F. Gavina & Sons are
requesting a Variance from the 1988 Edition of the U.B.C. Table No.
5A: Wall and Opening Protection of Occupancies Based on Location of
Property. This request is for property at 2313 E. 51st Street which
is adjacent to the 2369 E. 51st Street location (Engineer's Report
attached). They are leasing the property from 51st Street Partners
and, with their permission, are proposing to cut in the east wall of
the building two 12 foot openings for fork-lift access and one three
foot doorway for employee access to the side yard leading to their
adjacent property. The company will warehouse green coffee and pack-
aging material at this location and these openings will allow the
transfer of the products between their manufacturing operation without
having to use the public right-of-way thus avoiding increased traffic
If the Variance is granted no additional hazards will be introduced.
This has been reviewed by the Director of Community Services and it
is hereby recommended that the Variance be granted contingent upon
the following condition:
1. Upon any change in occupancy, ownership, or use, the
doors and all other non-conforming openings for the
building located at 2313 E. 51st Street shall be
permanently sealed.
victor vaits addressed the City Council and briefly
summarized this matter.
It was moved by Gonzales, seconded by Ybarra, that the
communication from the city Clerk, dated July 26, 1990, with regard
to the Variance request from F. Gavina & Sons be received and filed
and that the Variance be granted contingent upon the aforementioned
condition. Motion carried.
RESOLUTION NO. 5802 - A Resolution of the City Council of
the City of Vernon Determining the Industrial Disability Retirement
of William o. Manolovits, a Local Safety Member Employed by the City
of Vernon (Government Code Sections 21024 and 21025).
It was moved Ybarra, seconded by Gonzales, that Resolution
No. 5802 be deferred to the next City Council Meeting to be held
August 21, 1990. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
August 2, 1990, transmitting Public Improvement Agreement No. 12 for
the improvement of Jewel Avenue between 37th Street and Vernon
Avenue, to public street standards. The work includes street 4032
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City Council Minutes
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August 7, 1990
reconstruction, signal, storm drain, and water main work, and rail-
road signal and track work. All work will be paid for by adjacent
landowners and deeds will be granted to the City for the dedication
of the private street. This has been reviewed by the Director of
Community services and the City Attorney, and it is hereby recom-
mended that said Agreement be approved and the Mayor and the City
Clerk be authorized to execute same.
It was moved by Ybarra, seconded by Davis, that the matter
of Public Improvement Agreement No. 12 be deferred to the next City
Council Meeting to be held August 21, 1990. Motion carried.
RESOLUTION NO. 5804 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of Public
Improvement Agreement No. 12 By and Between the City of Vernon and
the Owners of a Private street Known as Jewel Avenue.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5804 be deferred to the next City Council Meeting to
be held August 21, 1990. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
August 2, 1990, was presented, advising that Council previously
approved Resolution No. 5760 on June 5, 1990 pertaining to electrical
ratesihowever, a portion of a sentence in section 5, Power Factor
Adjustment, was inadvertently omitted from Rate Schedules GS-2, TOU-V
and TOU-G. The revision should read: "The charges will be decreased
by 20 cents per kilowatt of measured maximum demand and will be....."
This matter has been reviewed by the City Attorney and the Director
of Light and Power, and it is hereby recommended that the following
resolution be adopted.
It was moved by McCormick, seconded by Ybarra, that the
communication from the City Clerk, dated June 5, 1990, with regard to
Rate Schedules GS-2, TOU-V and TOU-G, be received and filed and his
recommendation be approved. Motion carried.
RESOLUTION NO. 5805 - A Resolution of the City Council of
the City of Vernon Amending Resolution No. 5760 to Correct Rate
Schedules GS-2 (Exhibit B), TOU-V (Exhibit C) and TOU-G (Exhibit M)
Which Provide for the Establishment of Electrical Rates to be Charged
for Electrical Energy Distributed and supplied by Said City within
Its Boundaries, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 5805 be approved and adopted. Motion carried.
Communication from Norman Michiels, Director of Environ-
mental Health, dated July 17, 1990, was presented, requesting
authority and funds for Dan Downing, Environmental Specialist, to
attend the 1990 California State UST Conference in Sacramento,
September 5-7, 1990 with an expense allowance of $508.40.
It was moved by Ybarra, seconded by Davis, that authority
be granted to issue warrant to Dan Downing in the amount of $508.40
for his attendance at the 1990 California State UST Conference in
Sacramento, September 5-7, 1990. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
July 25, 1990, was presented, requesting authority and funds for
himself and Mayor Pro Tem Thomas Ybarra to attend the League of
California cities Annual Seminar in Anaheim, October 21-24, 1990,
with an expense allowance of $370.00 each.
It was moved by McCormiCk, seconded by Gonzales, that
authority be granted for the aforementioned City officials to attend
the League of California Cities Annual Seminar in Anaheim, October
21-24, 1990, with an expense allowance of $370.00 each. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
July 25, 1990, was presented, requesting authority and funds for 4033
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City Council Minutes
page 5
August 7, 1990
Councilmen William Davis, William McCormick, and Hilario Gonzales to
attend the League of California cities Annual Seminar in Anaheim,
October 21-24, 1990, with an expense allowance of $625.00 each.
It was moved by Ybarra, seconded by McCormick, that
authority be granted for the aforementioned city officials to attend
the League of California cities Annual Seminar in Anaheim, October
21-24, 1990, with an expense allowance of $625.00 each. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
July 25, 1990, was presented, requesting authority and funds for the
below listed city officials to attend the League of California cities
Annual Seminar in Anaheim, October 21-24, 1990, with an expense
allowance of $625.00 each:
David B. Brearley, City Attorney
victor vaits, Director of Community Services
Larry Spadt, Fire Chief
Louis Rosenkrantz, Chief of Police
Kenneth DeDario, Director of Light & Power
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for the aforementioned City officials to attend
the League of California cities Annual Seminar in Anaheim, October
21-24, 1990, with an expenSe allowance of $625. 00 each. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
July 24, 1990, was presented, requesting authority and funds for Joan
Francone, Risk Manager, to attend the 17th Annual Public Agency
Safety Management Association Conference and Seminar in Palm Springs,
September 18-21, 1990, with an expense allowance of $546.62.
It was moved by McCormick, seconded by Davis, that
authority be granted to issue warrant to Joan Francone in the amount
of $546.62 for her attendance at the 17th Annual Public Agency Safety
Management Association Conference and Seminar in Palm Springs,
September 18-21, 1990. Motion carried.
Communication from Fire Chief Larry Spadt, dated August 2,
1990, was presented, requesting authority and funds for Larry
Burdett, Battalion Chief, to attend the Hazardous Materials Emergency
Response Workshop in Sacramento, September 10-12, 1990, with an
expense allowance of $698.00.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted to iSSue warrant to Larry Burdett in the amount
of $698.00 for his attendance at the Hazardous Materials Emergency
Response Workshop in Sacra~ento, september 10-12, 1990. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
August 2, 1990, was presented, transmitting a Letter Agreement
between the City of Vernon and Southern California Edison Company for
Vernon to provide certain services required for the maintenance on
current transformers and potential transformers installed on three
co-generation units within the City of Vernon. Said agreement will
establish terms and conditions for testing, repair, replacement
and/or removal of metering transformers installed on the City'S 66KV
transmission system. This has been reviewed by the City Attorney and
the Director of Light and Power, and it is hereby recommended that
the Letter Agreement be approved and executed.
It was moved by Gonzales, seconded by Ybarra, that the
communication from the Cit~ Clerk, dated August 2, 1990, with regard
to a Letter Agreement with isouthern California Edison Company be
received and filed and his irecommendation be approved. Motion
carried.
RESOLUTION NO. 5807 - A Resolution of the City Council of
the city of Vernon Approving and Authorizing the Execution of a 4034
City Council Minutes
page 6
August 7, 1990
Letter Agreement By and Between the City of Vernon and Southern
California Edison Company for Vernon to Provide certain Services
required for the Maintenance of Edison Owned Current Transformers and
Potential Transformers Installed on Three cogeneration units Located
within Vernon, was presented.
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It was moved by McCormick, seconded by Davis, that
Resolution No. 5807 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
August 2, 1990, was presented, advising that due to computer
malfunctions the listing of demands for Warrant Register No. 795,
presented during the period July 16 thru 31, 1990, totaling
$412,435.36 is not available at this time. The listing will be
available and presented at the City Council Meeting of August 7,
1990.
Communication from Bruce V. Malkenhorst, City Clerk, dated
August 2, 1990, was presented, advising that due to computer
malfunctions the listing of Light and Power demands included in
Warrant Register No. 795 for the period July 16 thru 31, 1990, in the
amount of $4,450,472.80 is not available at this time. The listing
will be available and presented at the City Council Meeting of August
7, 1990.
At this time, the City Clerk submitted a communication
dated August 7, 1990, with the following information regarding
Warrant Register No. 795 noting a change in the amounts of the
Warrant Register originally submitted:
WARRANT REGISTER NO. 795 covering claims and demands
presented during the period of July 16 thru 31, 1990, drawn on the
First Interstate Bank totaling $412,441.36, which includes Demand
Nos. 28412 thru 28659 (inclusive) excluding Light & Power Demands and
void Demand Nos. 28468, 28485 thru 28508 (inclusive) and 28589
(accounting period August, 1990).
It was moved by Ybarra, seconded by Mccormick, that Warrant
Register No. 795 be approved and payment authorized for claims and
demands totaling $412,441.36 excluding Light & Power Demands. Motion
carried.
WARRANT REGISTER NO. 795 covering claims and demands
presented during the period of July 16 thru 31, 1990, drawn on the
First Interstate Bank totaling $4,450,466.80, which includes Light &
Power Demand Nos. as listed below (accounting period August, 1990):
28412 28445 28453 28477 28533 28568 28611 28630
28420 28446 28454 28479 28538 28578 28616 28636
28421 28447 28462 28480 28545 28588 28621 28638
I 28426 28448 28466 28483 28548 28590 28622 28643
28436 28449 28467 28484 28550 28597 28623 28646
28437 28450 28469 28509 28551 28599 28625 28647
28443 28451 28471 28511 28553 28602 28626 28654
28444 28452 28474 28519 28567 28603 28629 28657
It was moved by Ybarra, seconded by McCormick, that Warrant
Register No. 795 be approved and payment authorized for claims and
demands totaling $4,450,466.80. 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 and Energy Sale Agreement between
Utah Associated Municipal Power Systems (UAMPS) and the City of
Vernon to Provide for the Purchase and sale of up to 17 megawatts of
surplus power and energy from December 31, 1990 through December 31,
1991. It is anticipated that staff will recommend the approval of
said Agreement and request the adoption of a resolution.
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August 7, 1990
It was moved by Ybarra, seconded by Gonzales, that the
matter of a Power and Energy Sale Agreement with utah Associated
Municipal Power Systems be deferred to the next City Council Meeting
to be held August 21, 1990. Motion carried.
At 5:56 p.m., Mayor Malburg declared a recess.
The Council reconvened in regular session at 6:20 p.m. all
members present before the recess again being present.
It was moved by Ybarra, seconded by McCormick, that the
Council recess to Closed Session Attorney/Client Privilege pursuant
to Government Code Section 54956.9(a), the time being 6:21 p.m.
Motion carried.
All persons with the exception of the City Clerk and the
City Attorney were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
Councilman Davis was excused from Closed Session at 6:33
p.m.
Councilman Davis resumed his seat on the Council at 6:40
p.m.
It was moved by McCormick, seconded by Gonzales, that the
Council go out of Closed Session and resume regular session, the time
being 6:41. Motion carried.
There being no further business to come before the Council
it was moved by McCormick, seconded by Gonzales, that the meeting
adjourn. Motion carried.
ATTEST:
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/f'
Bruce V.
~;t/~~
Malkenhorst, City Clerk
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