20000307 Regular City Council Meeting - MinutesMINUTES OF THE CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD MARCH 7, 2000
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, Davis, McCormick
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 February 15, 2000, be
approved as submitted and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 2, 2000, was presented, advising that Kenneth DeDario,
Director of Utilities has selected Antonio M. Lopez, Jr.,
Electronics Technician, to receive the Utility Department's Year
2000 ANNUAL LEVEL I SPIRITS AWARD based on his Superior
Performance during the past 12 months.
It was moved by Gonzales, seconded by McCormick, that
the communication from the City Clerk dated March 2, 2000, be
received and filed. Motion carried.
The City Clerk announced that now was the time to
present the Service Pin.
The Mayor presented a Five Year Service Pin to Shirley
Salas, Account Clerk, and extended congratulations on behalf of
the entire City Council.
The Mayor called a short recess, the time being 5:01
p.m. Council reconvened at 5:06 p.m., all members present before
the recess again being present.
Police Department Activity Log for the period February
15th thru 29th, 2000, was presented.
It was moved by McCormick, seconded by Davis, that the
Police Department Activity Log for the period February 15th thru
29th, 2000, be received and filed. Motion carried.
Fire Department Activity Report for the period February
15th thru 29th, 2000, was presented.
It was moved by Ybarra, seconded by Davis, that the Fire
Department Activity Report for the period February 15th thru 29th,
2000, be received and filed. Motion carried.
The City Clerk announced that now was the time for
anyone in the audience to address the City Council on any item on
the Agenda other than with regard to any Public Hearings that may
be listed.
The Mayor asked if anyone in the audience wished to
address the Council at this time.
There was no one wishing to address the City Council.
City Council Minutes March 7, 2000
Communication from S. Kevin Wilson, Director of
Community Services and Water, dated February 23, 2000, was
presented transmitting a fully executed Grant Deed and Grant of
Easement from R.C.C.I. The deed is for a portion of property
beginning at the southeast corner of Vernon Avenue and Alameda
Street and running the length of the property located at 1912
Vernon Avenue, and will be used for street purposes. The Grant of
Easement is for a small portion of property at the southeast
corner of Vernon Avenue and Alameda Street located at 1912 Vernon
Avenue, and will be used for utility purposes. It is hereby
recommended that the Grant Deed and Grant of Easement be accepted,
the Certificates of Acceptance be approved, and the Mayor and City
Clerk be authorized to execute both.
It was moved by Gonzales, seconded by McCormick, that
the communication from the Director of Community Services and
Water, dated February 23, 2000, be received and filed, the
Certificates of Acceptance be approved, and the Mayor and City
Clerk be authorized to execute both. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 2, 2000, was presented, advising that both the City of
Vernon and ACTA have retained the services of MK Centennial for
the Alameda Corridor construction. MK Centennial is working for
both the City and ACTA which may create a conflict of interest,
and in addition, if the City should miss any of the required
submittal dates, it could affect how the project is constructed in
Vernon.
This matter has been reviewed by the Director of Community
Services and Water and the City Attorney, and it is hereby
recommended that the City retain Holmes and Narver as a back-up
consulting engineer should MK Centennial not be able to provide
the agreed upon services or if a conflict should arise. The
services provided will be on a time and materials basis at $85.00
per hour for Civil Engineering review and $100.00 per hour for
Traffic Engineering review. All costs will be reimbursed by ACTA
per the MOU.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Clerk, dated March 2,
2000, be received and filed and the recommendation approved.
Motion carried.
RESOLUTION NO. 7500 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Agreement for Consulting Services By and Between the City of
Vernon and Holmes & Narver, Inc. for Review of Design Submittals
and Traffic Management Plans Associated with the Alameda Corridor
Project, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7500 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 2, 2000, was presented, advising that approval was
previously granted to purchase a Geographical Information System
(GIS) and an agreement was entered into with A.C.T. GIS, Inc. for
the development and implementation of a GIS System for the City.
Based upon further review, it was determined that improvement
(clarity) of the aerial photos that are to be provided with this
system would be beneficial to the City and more so to the Police
Department. The cost for the enhanced digital aerial photos would
be an additional $11,382.00.
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City Council Minutes March 7, 2000
Because the photos would be an asset for the Police Department, it
is hereby recommended that the additional funds be taken from the
Asset Forfeiture Account. In order to proceed with the photos, an
agreement must be entered into with Digital Map Products, LLC
(DMP) for them to provide to our Consultant, A.C.T. GIS, Inc., the
use of products that pertain to parcel and right-of-way data,
property attributes, maps and digital aerial photos preparing the
City's GIS System. It is hereby recommended that a Sublicense
Agreement with the DMP be approved and executed, and that the
agreement with A.C.T. GIS, Inc. Agreement be amended to add a cost
of $11,382.00 for three inch (3") enhanced digital photos and to
require them to execute a Subuser License Agreement.
It was moved by Ybarra, seconded by Davis, that the
aforementioned communication from the City Clerk, dated March 2,
2000, be received and filed and the recommendation approved.
Motion carried.
RESOLUTION NO. 7501 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of a
Sublicense Agreement (Agreement No. 0001001) By and Between the
City of Vernon and Digital Map Products, LLC, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 7501 be approved and adopted. Motion carried.
RESOLUTION NO. 7502 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of
an Amendment No. 1 to the Agreement for Professional Consulting
Services By and Between the City of Vernon and A.C.T. GIS, Inc.,
was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 7502 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 2, 2000, was presented, advising the Los Angeles
County District Attorney's Office has implemented the "Officer
Involved Shooting Response Program" and has requested our
participation. This program would allow the District Attorney's
Office to send their "Response Team" to the City to investigate
any officer involved shootings, as well as any in -custody deaths.
This program has been reviewed by the Chief of Police and the City
Attorney, and it is hereby recommended that the City participate
in the program and that a Letter Agreement be approved and
executed.
Mayor asked if we had this service before.
The Chief of Police responded, "Yes, but it was stopped
about four or five years ago. Due to recent activities, it was
thought that this would be a great idea at the time, and if the
City wished to withdraw, it could."
It was moved by Gonzales, seconded by Ybarra, that the
aforementioned communication from the City Clerk, dated March 2,
2000, be received and filed and the recommendation approved.
Motion carried.
RESOLUTION NO. 7503 - A Resolution of the City Council
of the City of Vernon Approving and Authorizing the Execution of a
Letter Agreement Regarding the City's Participation with the Los
Angeles County District Attorney's Office Officer Involved
Shooting Program, was presented.
Page 3 of 9
City Council Minutes
March 7, 2000
It was moved by McCormick, seconded by Davis, that
Resolution No. 7503 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 2, 2000, was presented, advising that Resolution No.
7474 authorized the Purchasing Section to seek formal bids for Bid
No. 1393 for the repair and reinstallation of pumping equipment
located at Well #20 for the Community Services & Water Department.
The bids were opened on February 22, 2000 with the following
results:
• Beylik Drilling $41,800.00
• Water Well Supply $42,146.00
• Layne Christiansen Company $43,467.00
• General Pump Company $44,140.00
The bids have been reviewed and approved by the Community Services
& Water Department, and it is hereby recommended that Bid No. 1393
be accepted and authority be granted to issue a purchase order to
Beylik Drilling on the basis of their bid of $41,800.00, and
execute a Contract for said services.
It was moved by Davis, seconded by Gonzales, that the
aforementioned communication from the City Clerk, dated March 2,
2000, be received and filed and the recommendation approved.
Motion carried.
RESOLUTION NO. 7504 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Beylik Drilling, Inc.
on Bid No. 1393 for the Second Phase of the Repair and
Reinstallation of Pumping Equipment at Well No. 20 for the
Department of Community Services & Water and Approving and
Authorizing the Execution of a Contract and the Issuance of a
Purchase Order Respecting Said Bid, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 7504 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 2, 2000, was presented, advising that Resolution No.
7459 authorized the Purchasing section to seek formal bids for Bid
No. 1394 for one 11h ton flatbed truck for the Utilities
Department. The bids were opened on February 24, 2000 with the
following results:
• Wondries Ford
• Llovio Ford
• Midway Ford
• Crenshaw Motors
• Golden State Truck Center
• Downey Ford
$32,376.00 (subject to a $500
Discount Net/30 days)
$32,500.00
$33,833.00
$34,271.64 (subject to
totaling $1,713.59/net
$35,391.00
No Bid
a 5% Discount
30 days)
The bids have been reviewed and approved by the Utilities
Department, and it is hereby recommended that Bid No. 1394 be
accepted and authority be granted to issue a purchase order to
Wondries Ford on the basis of their bid of $31,876.00 plus sales
tax (includes the $500/net 30 days discount) and execute a Vehicle
Purchase Contract.
Page 4 of 9
City Council Minutes March 7, 2000
It was moved by Ybarra, seconded by Gonzales, that the
aforementioned communication from the City Clerk dated, March 2,
2000, be received and filed and the recommendation approved.
Motion carried.
RESOLUTION NO. 7505 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Wondries Ford on Bid
No. 1394 for the Purchase of a One and a Half -Ton Flatbed Truck
for the Utilities Department and Approving and Authorizing the
Execution of a Vehicle Purchase Contract and the Issuance of a
Purchase Order Respecting said Bid, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 7505 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 2, 2000, was presented, advising that Resolution No.
7473 authorized the Purchasing Section to seek formal bids for Bid
No. 1395 for one (1) Dodge Caravan, 4DR Grand LE for the Police
Department. The bids were opened on February 28, 2000 with the
following results:
1) Del Amo Dodge
2) Cerritos Dodge
3) Glendale Dodge, Inc.
4) Dodge of Downtown LA
5) Valley Dodge, Inc.
$23,787.00 (subject
Net/21 days)
No Bid
No Bid
No Bid
No Bid
to a $200 discount
The bid has been reviewed and approved by the Police Department,
and it is hereby recommended that Bid No. 1395 be accepted and
authority be granted to issue a purchase order to Del Amo Dodge on.
the basis of their bid of $23,787.00 and execute a Vehicle
Purchase Contract.
It was moved by Davis, seconded by Ybarra, that the
aforementioned communication from the City Clerk, dated March 2,
2000, be received and filed and the recommendation approved.
Motion carried.
RESOLUTION NO. 7506 - A Resolution of the City Council
of the City of Vernon Accepting the Bid of Del Amo Dodge on Bid
No. 1395 for the Purchase of one Dodge Caravan for the Police
Department and Approving and Authorizing the Execution of a
Vehicle Purchase Contract and the Issuance of a Purchase Order
Respecting Said Bid, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 7506 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 29, 2000, was presented, requesting authority and
funds for Greg Tsujiuchi, Administrative Aide, to attend the CMUA
Telecommunications Committee Meeting at Alameda on March 13th,
2000, with an expense allowance of $209.50.
It was moved by McCormick, seconded by Ybarra, that
authority and funds be granted for Administrative Aide Greg
Tsujiuchi to attend the aforementioned meeting with an expense
allowance of $209.50. Motion carried.
Page 5 of 9
City Council Minutes March 7, 2000
Communication from Kenneth DeDario, Director of
Utilities, dated February 16, 2000, was presented, requesting
authority and funds for Ramon Z. Abueg, Assistant Director of
Engineering and Operations, to attend the APPA 2000 Engineering &
Operations Conference at Anaheim on April 10th thru 13th, 2000, with
an expense allowance of $665.00.
It was moved by Gonzales, seconded by McCormick, that
authority and funds be granted for Ramon Z. Abueg to attend the
aforementioned conference with an expense allowance of $665.00.
Motion carried.
Communication from Dave
1, 2000, was presented, requesting
Smith, Battalion Chief, to attend
Workshop 2000 at San Jose on April
expense allowance of $812.00.
It was moved by Ybarra,
authority and funds be granted for
attend the aforementioned workshop
$812.00. Motion carried.
Telford, Fire Chief, dated March
authority and funds for James
the California Fire Instructors
3rd thru 6th, 2000, with an
seconded by Davis, that
Battalion Chief James Smith to
with an expense allowance of
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 1, 2000, was presented, requesting authority and funds
for Sharon Johnson, Deputy Treasurer, to attend the CMTA 41st
Annual Conference at Concord on April 24th thru 27th, 2000, with an
expense allowance of $925.00,.
It was moved by Gonzales, seconded by McCormick, that
authority and funds be granted for Sharon Johnson to attend the
aforementioned conference with an expense allowance of $925.00.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 1, 2000, was presented, requesting authority and funds
for Gloria Orosco, Chief Deputy City Clerk, to attend the City
Clerks Association Annual Institute at Concord on April 5th thru
7th, 2000, with an expense allowance of $711.00.
It was moved by Davis, seconded by Ybarra, that
authority and funds be granted for Gloria Orosco to attend the
aforementioned conference with an expense allowance of $711.00.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated March 2, 2000, was presented, requesting authority and funds
for himself, Mayor Pro Tem Thomas Ybarra, and Councilmen Hilario
Gonzales and William Davis to attend the CMTA 415t Annual
Conference at Concord on April 25th thru 28th, 2000, with an expense
allowance of $945.00 each.
It was moved by McCormick, seconded by Gonzales, that
authority and funds be granted for City Administrator Bruce V.
Malkenhorst, Mayor Pro Tem Thomas Ybarra, and Councilmen Hilario
Gonzales and William Davis to attend the aforementioned conference
with an expense allowance of $945.00 each. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated March 2, 2000, was presented, transmitting the
Minutes of the Adjourned Finance Committee Meeting held December
21, 1999 for approval of the recommendations contained therein.
Page 6 of 9
City Council Minutes
March 7, 2000
It was moved by Ybarra, seconded by Davis, that the
recommendations listed on the Minutes of the Adjourned Finance
Committee meeting held December 21, 1999 be approved. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated March 2, 2000, was presented, transmitting the
Agenda for the Personnel Committee meeting to be held March 6,
2000, for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Davis, that the
recommendations listed on the Agenda for the Personnel Committee
meeting held March 6, 2000 be approved. Motion carried.
WARRANT REGISTER NO. 1036 covering claims and demands
presented during the period of February 11ththru March 2nd, 2000,
drawn on Wells Fargo Bank totaling $1,179,427.95, and includes
check Nos. 76417 thru 76729 (inclusive), excluding Utility demands
and Voided checks as listed below (accounting period March, 2000),
was examined and audited.
76447
76474
76483
76514
76515
76516
76664
It was moved by Davis, seconded by Ybarra, that Warrant
Register No. 1036 be approved and payment authorized for claims
and demands totaling $1,179,427.95, excluding Utility demands and
Voided checks as listed above. Motion carried.
WARRANT REGISTER NO. 1036 covering claims and demands
presented during the period of February 11th thru March 2nd, 2000,
drawn on Wells Fargo Bank totaling $3,501,511.07, which includes
Utility demands and check Nos. as listed below: (accounting period
March, 2000), was examined and audited.
76418
76465
76502
76606
76420
76466
76511
76630
76421
76475
76512
76641
76434
76488
76513
76656
76438
76490
76518
76663
76439
76494
76520
76665
76445
76495
76525
76669
76457
76496
76544
76675
76458
76497
76548
76681
76459
76498
76553
76692
76462
76499
76588
76694
It was moved by McCormick, seconded by
Warrant Register No. 1036 be approved and payment
Utility claims and demands totaling $3,501,511.07
carried. Councilman Davis abstained from voting
himself because it is reasonably foreseeable that
have a material financial effect on his source of
The Mayor called a recess at 5:43 p.m.
76708
76717
76720
76727
76728
Gonzales, that
authorized for
Motion
and disqualified
the decision may
income.
The Council reconvened in Regular Session at 5:47 p.m.,
all members present before the recess again being present.
Page 7 of 9
City Council Minutes
March 7, 2000
It was moved by Ybarra, seconded by Davis, that the City
Council go into Closed Session, Item No. 1, the time being 5:47
p.m. Motion carried.
All persons were excluded from Closed Session except the
City Clerk, City Attorney, Chief Deputy City Clerk, Director of
Utilities, and the Systems Coordinator I.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
1. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54957.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
The Systems Coordinator was excused at 5:51 p.m.
The Director of Utilities was excused at 5:53 p.m.
It was moved by Davis, seconded by Gonzales, that the
Council go out of Closed Session pertaining to Item No. 1 and
resume Regular Session, the time being 5:54 p.m. Motion carried.
It was moved by Gonzales, seconded by Ybarra, that the
City Council go into Closed Session Item No. 2, the time being
5:55 p.m. Motion carried.
All persons were excluded from Closed Session except the
City Clerk, City Attorney, and the Chief Deputy City Clerk.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
2. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code Section 54956.9.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
(a) The City of Vernon v. The Atchison, Topeka and Santa
Fe Railway, CPUC Case No. 96-01-019;
(b) FERC Docket Nos. OA96-76, OA97-602, OA97-604, ER96-
222, (open access);
(c) FERC Docket Nos. ER97-2355, EC 96-19-000, ER96-1633
and EL96-48 (Restructuring);
(d) CPUC Application No. 96-10-038 (SDG&E/SoCalGas
Merger); FERC Docket No. EL97-15 (ENOVA/PACIFIC
ENTERPRISES); FERC Docket No. EC97-12-000;
(e) Vernon Sem v. City of Vernon, WC No. POM 0187239, VNO
Unassigned;
(f) FERC Docket No. ER98-3594 (ISO);
(g) CPUC Application No. 98-07-005;
(h) FERC Docket No. ER98-3760 (ISO);
Page 8 of 9
City Council Minutes
March 7, 2000
(i) David Venegas, et al. v. City of Vernon, LASC No. BC
207136;
(j) Utility Boring v. City of Vernon, et al., Norwalk
Superior Court No. VC 029477;
(k) Vernon v. All Persons; LASC No. BC 222145;
(1) Cal Compact Landfill Site, Carson, California,
(m) Vernon v. Regional Water Quality Control Board; No.
Unassigned;
It was moved by Ybarra, seconded by Davis, that the City
Council go out of Closed Session pertaining to Item No. 2 and
resume Regular Session, the time being 6:00 p.m.
It was moved by McCormick, seconded by Gonzales, that
the disciplinary action for the Systems Coordinator be approved as
recommended. Motion carried.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Ybarra, that the meeting adjourn. Motion carried.
ATTEST:,
Bruce V. Malkenhorst
City Clerk
to is C. Malb rg
Mayor
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