19821221 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL
MEETING HELD DECEMBER 21, 1982
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.
At this time, the Mayor presented Service Pin Awards to the
following employees:
Lloyd Schultz 25 year pin
Thomas Stevenson 25 year pin
Jack Kelley 25 year pin
Lloyd Hudson 25 year pin
Jerome Stickel 25 year pin
Police Chief Espinoza accepted the 15 year pin for Roosevelt Sapp,
who was unable to attend the meeting.
At 2:10 p.m. Mayor Malburg declared a recess.
At 2:20 p.m. the City Council reconvened in regular session, all
members present before the recess again being present.
It was moved by Ybarra, seconded by Davis, that the City Council
Minutes of the December 2, 1982 adjourned regular meeting be approved
as submitted. Motion carried.
ORDINANCE NO. 932 - An Ordinance of the City Council of the City
of Vernon Amending the Code of the City of Vernon, California, 1959,
by Amending Sections 13.6 and 13.7 of Said Code Relating to Health
Permits for Certain Types of Solid Waste Facilities and Repealing All
Ordinances in Conflict Therewith, was read by title for a second and
final reading.
It was moved by Gonzales, seconded by McCormick that Ordinance #932
receive and pass a second and final reading and be adopted. Motion
carried.
AYES:
NOES:
Absent:
Gonzales, McCormick, Ybarra, Malburg, Davis
None
None
ORDINANCE NO. 933 - An Ordinance of the City Council of the City
of Vernon Amending the Code of Vernon, California 1959, by Amending
Sections 25.1, 25.2, 25.3,25.5, 25.6, 25.7, 25.8, 25.46, and 25.48 of
Said Code and by Adding Section 25.51 to Chapter 25, Article III of
Said Code, Establishing the rates for the Sale of Water in Said City;
Amending the Rules and Regulations of the Water Department of the City
of Vernon by Amending Sections 5.A and 5.B of Said Appendix Ill;
Prescribing Penalties for the Violation of Any Provision of This
Ordinance in Conflict Therewith and Repealing all Ordinances or Parts
of Ordinances in Conflict Therewith, Specifically Ordinance Nos. 870,
891, 941, was read by title for a second and final reading
It was moved by McCormick, seconded by Ybarra, that Ordinance #933
receive and pass a second and final reading. Motion carried.
AYES:
NOES:
Absent:
McCormick, Ybarra, Gonzales, Davis, Malburg
None
None
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City Council
page 2
December 21, 1982
Police Department Activity Log for the period December 1 thru 15,
1982, was presented.
It was moved by Davis, seconded by Gonzales, that the Police
Department Activity Log for the period December 1 thru 15, 1982 be
received and filed. Motion carried.
Health Department Report for the month of November 1982, was
presented.
It was moved by McCormick, seconded by Ybarra, that the Health
Department Report for the month of November 1982 be received and
filed. Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City
Clerk, dated December 16, 1982, requesting authority and funds for
himself, Councilman Ybarra and Councilman Gonzales to attend the
California Society of Municipal Finance Officers 23rd Annual Seminar
in Sacramento, February 2 thru 5, 1983, with an expense allowance of
$660.00 each, was presented.
It was moved by Davis, seconded by McCormick, that the recommen-
dation of the City Administrator be approved and authority granted to
issue warrants for a total amount of $660.00 (for each) for Hilario
Gonzales, Thomas Ybarra, and Bruce V. Malkenhorst to attend the 23rd
Annual California Society of Municipal Finance Officers Seminar in
Sacramento, February 2 thru 5, 1983. Motion carried.
Communication from L.A. Espinoza, Chief of Police, dated
December 2, 1982, requesting authority and funds for himself to attend
the 1983 Annual California Police Chief's Conference in Burlingame,
February 2 thru 5, 1983, with an expense allowance of $590.00, was
presented.
It was moved by Ybarra, seconded by Gonzales, that the request
for authority by Chief of Police L.A. Espinoza and funds for himself
to attend the 1983 Annual California Police Chief's Conference in
Burlingame, February 2 thru 5, 1983 be approved and warrant issued to
him in the amount of $590.00. Motion carried.
Communication from Arthur Nelson, Director Community Services,
dated December 13, 1982, was presented, advising of the receipt of
Parcel Map No. 14908 from Southern California Edison in Accordance with
the Subdivision Map Act and also, that it is his opinion that the
proposed subdivision is consistent with the General Plan adopted by the
City of Vernon.
It was moved by Gonzales, seconded by Ybarra, that Southern
California Edison be advised that Parcel Map #14908 is consistent with
the General Plan adopted by the City of Vernon. Motion carried.
Communication from Bruce V. Malkenhorst, City Adminstrator/City
Clerk, dated December 16, 1982, recommending that Kal Kan Company be
granted a one year extension for a temporary trailer permit with the
charge of the usual permit fees.
It was moved by Ybarra, seconded by Davis, that the recommendation
of the City Administrator to grant Kal Kan Company a one year extension
for a temporary trailer permit with the usual permit fees be approved.
Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City
Clerk, dated December 16, 1982, recommending that the purchasing
agent be granted authority to advertise for bids for the purchase of
the following capital items, for the Community Services Department:
1. Asplundh Whisper Chipper
2. Construction of a Chipper Shell
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City Council
page 3
December 21, 1982
It was moved by Gonzales, seconded by Ybarra, that the recommen-
dation of the City Administrator to advertise for the purchase of a
Asplundh Whisper Chipper and the construction of a Chipper Shell be
approved. Motion carried.
RESOLUTION #4959 - A Resolution of the City Council of the City
of Vernon Approving the Purchase of a Asplundh Whisper Chipper and
Construction of a Chipper Shell for Use in the Community Services
Department and Authorizing the Purchasing Agent to Advertise for Bids
for said Items, was presented.
It was moved by McCormick, seconded by Davis, that Resolution #4959
be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
McCormick, Davis, Ybarra, Gonzales, Malburg
None
None
RESOLUTION #4960 - A Resolution of the City Council of the City
of Vernon Authorizing the Sale of One (1) City Vehicle as Surplus
Property Pursuant to Section 2.31 of the Vernon City Code, was
presented.
It was moved by Gonzales, seconded by Davis, that Resolution #4960
be deferred to the Council Meeting of January 4, 1983. Motion carried.
Communication from Bruce V. Malkenhorst, Director of Finance,
dated December 16, 1982, transmitting the minutes of the Finance
Committee held December 13, 1982 for approval of recommendations
contained therein, was presented.
It was moved by McCormick, seconded by Davis, that the minutes of
the Finance Committee Meeting held December 13, 1982 be approved as
written and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of Personnel,
dated December 21, 1982, was presented, transmitting the minutes of the
Personnel Committee Meeting held December 20, 1982, for approval of
recommendations contained therein.
It was moved by Gonzales, seconded by Ybarra, that the minutes of
the Personnel Committee Meeting held December 20, 1982 be approved as
written and adopted, and that the City Attorney be authorized to
prepare resolutions commending Fire Engineer Patrick Fulcher and
Sgt. Robert Amos for their many years of service to the city, upon their
retirement from the city. Motion carried.
Payroll Warrant Register No. 312, covering claims and demands
presented during the period October 17 thru November 13, 1982, which
includes Demand Nos. 3601 thru 3617 (both inclusive) drawn on the
Crocker National Bank, totaling $596,132.63 (accounting period
November 1982), was examined and audited.
It was moved by Ybarra, Davis, that Warrant Register No. 312 be
approved and payment authorized for Demand Nos. 3601 thru 3617
(both inclusive), in the amount of $596,132.63, with no exceptions.
Motion carried.
Warrant Register No. 610, covering claims and demands presented
during the period December 1 thru 15, 1982, which includes demand
Nos. 8442 thru 8661, both inclusive, excluding Light & Power Demands
and one void demand No. 8606, drawn on the First Interstate Bank
totaling $303,270.25 (accounting period December 1982), was examined
and audited.
It was moved by Gonzales, seconded by Ybarra, that Warrant
Register No. 610, be approved and payment authorized for Demand
Nos. 8442 thru 8661, both inclusive, excluding Light & Power Demands
and one void demand No. 8606, in the amount of $303,270.25, with no
exceptions. Motion carried.
7ry~
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City Council
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December 21, 1982
Warrant Register No. 610, covering claims and demands presented
during the period December 1 thru 15, 1982, which includes Light &
Power demand Nos. 8443, 8444, 8445, 8446, B447, 8466, 8479, 8521,
8553, 8593, 8595, 8612, 8614, 8635, 8644, 8657, 8658, 8659, and 8660,
totaling $5,559,787.09, was examined and audited.
It was moved by McCormick, seconded by Gonzales, that Warrant
Register No. 610, be approved and payment authorized for Demand Nos.
8443, 8444, 8445, 8446, 8447, 8466, 8479, 8521, 8553, 8593, 8596,
8612, 8614, 8635, 8644, 8657, 8658, 8659, and 8660, in the amount of
$5,559,787.09, with no exceptions. Motion carried. Councilman Davis
abstained.
At 2:50 p.m., Mayor Malburg declared a recess.
At 3:33 p.m. the Council reconvened in regular session, all
members present before the recess again being present.
At 3:33 p.m., it was moved by Ybarra, seconded by McCormick, that
the Council Meeting go into executive session under attorney/client
privilege. Motion carried.
All persons with the exception of the City Administrator/City
Clerk, City Attorney and Lew Adams were excluded from executive
session.
The Mayor declared all communications to and from the executive
session deemed private and confidential.
Lew Adams was excused from executive session at 4:02 p.m.
At 4:50 p.m. it was moved by Ybarra, seconded by McCormick, that
the Council go out of executive session and resume regular session.
Motion carried.
The City Attorney recommended that a Summons and Complaint for
Property Damages be filed on behalf of the City of Vernon against
David Hawley, Donald J. George, Inc., dba National Truck Parts &
Service, Fritz Quinlin Trucking, Inc., Lucky Stores, Inc., and
Does 1-10, inclusive, to recover damages to City-owned property caused
by the negligent operation of a truck and trailer vehicle driven by
Mr. Hawley and believed to be owned by National Truck Parts & Service,
Fritz Quinlin Trucking, Inc., and Lucky Stores, Inc. He indicated that
collection attempts had been unsuccessful and that the only remaining
avenue to collect the property damages was by way of litigation.
After discussion, it was moved by McCormick, seconded by
Gonzales, that the City Attorney be authorized to sign and file said
Complaint for Property Damages on behalf of the City of Vernon.
Motion carried.
The City Attorney reported that Mark L. Ames, a defendent in the
lawsuit entitled City of Vernon v. Mark L. Ames respecting a breach
of his employment agreement, has tendered an offer to settle said
litigation by paying the City of Vernon the sum of $3,000. The City
Attorney recommended that the City accept said offer of settlement
and that the Mayor be authorized to execute a Compromised
Settlement and Mutual Release and the City Administrator be
authorized to accept the sum of $3,000 in complete settlement of said
lawsuit.
It was moved by Gonzales, seconded by Davis, that the City
Attorney's recommendations be approved and that the Mayor be
authorized to execute said Compromised Settlement and Mutual Release
and the City Administrator be authorized to accept the sum of $3,000
in complete settlement of said lawsuit. Motion carried.
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City Council
page 5
December 21, 1982
Lewis R. Adams, Operations Manager 6f the Light & Power
Department, recommended that opacity meters be installed in the smoke
stacks of diesel engine #5 to assist in the experimental testing of
said engine.
It was moved by McCormick, seconded by Ybarra, that Mr. Adams
be authorized to purchase and install opacity meters in the smoke
stacks of diesel engine #5 at a cost not to exceed the sum $5,000.
Motion carried.
Communication from Bruce V. Malkenhorst, City Administrator/City
Clerk, dated December 21, 1982, recommending that the City retain
Ms. Barbara Bateman to perform miscellaneous services in representing
the City's interests as a lobbyist for legislative matters in
Sacramento, the terms and conditions specified in an agreement being
submitted concurrently herewith, was presented.
RESOLUTION NO. 4961 - 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 Barbara Bateman for
Lobbying Services, was presented.
It was moved by Ybarra, seconded by McCormick, that the City
Administrator/City Clerk's recommendation be approved and that
Resolution No. 4961 be approved and adopted. Motion carried.
AYES:
NOES:
Absent:
Ybarra, McCormick, Davis, Gonzales, Malburg
None
None
There being no further business to come before the committee it
was moved by McCormick, seconded by Ybarra, that the meeting adjourn
to the next regularly scheduled meeting. Motion carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
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ORDER OF ADJOUR~~NT OF tlliETING
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, held at 2:00 p.m. December 7,
1982 in the Council Chamber of the City Hall, located at 4305
Santa Fe Avenue, Vernon, California, was adjourned by Order of
the City Council (quoruTho~resent) until December 21
1982, at 2:00 p.m., in the Council Chamber of the City Hall,
located at 4305 Santa Fe Avenue, Vernon, California.
'~),J. fh~
BRUCE V. MALKENHORST
City Administrator/City Clerk
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State of California )
County of Los Angeles) SS
City of Vernon )
AFFIDAVIT OF POSTING
1, BRUCEV. MALKENHORST, City Clerk of the City of Vernon,
do hereby certify that I did, on the
7th day of December 1982, at
2:00 p.m.
,'post order of adjournment of the regular City Council
of the City of Vernon, copy attached hereto, at
meeting
a conspicuous place on or near the door of the place at which said
to be
meeting of December 7. 1982 , W'as held.
BRUCE V. JvfM.KENHORST
Subscrfbe~nd sworn to before me
chis (V day of ? C~,> ~-<7 . 19,?3.
Nocary ~. Zf~y of
Los Angeles, State of California
OFFICIAL SRi'L
LOIS J HILTON
NOTARY PUBLIC - CALIFORNIA >
LOS .l'.NGEL::S caUf: TV
My comm. expires AP:1 G, ](l86
~ aante F. Avenue. Vernon, CA 9()(J~S