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19830802 Regular City Council Meeting - Minutes MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL, HELD AUGUST 2, 1983, AT 2:00 P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis, McCormick MEMBERS ABSENT: None I The meeting was called to order by Nayor Malburg. It was moved by McCormick, seconded by Davis, that the minutes of the regular City Council Meeting held July 19, 1983, be approved as written and submitted. Motion carried. At this time, the Mayor presented Service Pin Awards to the following employees: Arthur Nelson, Director of Community Service - 30 years Sergeant Don Green - 10 years At 2:05 o'clock, p.m., the Mayor declared a recess. At 2:10 o'clock, p.m., the council reconvened in regular session, all members' present before the recess, again being present. Payroll Warrant Register No. 320 - Covering claims and Demands presented during the period June 12, 1983 thru June 25, 1983, which includes Demand No. 3738 thru 3746 (both inclusive) drawn on the Crocker National Bank totaling $279,473.22, (accounting period July 1983 - June paid in July) was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No. 320 be approved and p~yment authorized for Demand Nos. 3738 thru 3746 (both inclusive), with no exceptions, in the amount of $279,473.22. Motion carried. I Payroll Warrant Register No. 321 - Covering claims and Demands presented during the period June 26 thru July 2, 1983, which included Demand Nos. 3747 thru'3755 (both inclusive) drawn on the Crocker National Bank totaling $289,832.80, (accounting period July 1983) was examined and audited. It was moved by Davis, seconded by Ybarra, that Payroll Warrant Register No. 321 be approved and payment authorized for Demand Nos. 3747 thru 3755 (both inclusive), with no exceptions, in the amount of $289,832.80. Motion carried. Warrant Register No. 625 - Covering claims and Demands presented during the period July 16 thru July 31, 1983, which includes Demand Nos. 10611 to 10698 (both inclusive), excluding one Void Demand No. 10620, and excluding Light & Power Demands, drawn on the First Interstate Bank totaling $102,957.47, (accounting period August 1983), was examined and audited. It was moved by McCormick, seconded by Gonzales, that Warrant Register No.. 625 be approved and payment authorized for Demand Nos. 10611 and 10698 (both inclusive), excluding one Void Demand No. 10620, and excluding Light & Power Demands, with no other exceptions, in the amount of $102,957.47. Motion carried. \'\ ;..., t': ..,..>t =2= 8/2/83 Warrant Register No. 625 - Covering Claims and demands presented during the period July 16 thru 31, 1983, which includes Light & Power Demands Nos. 10611, 10618, 10624, 10627, 10632, 10643, 10662, 10669, 10680, 10690, 10691, 10693, and 10697, totaling $248,378.32 (accounting period August 1983), was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 625 be approved and payment authorized for Demand Nos. 10611, 10618, 10624, 10627, 10632, 10643, 10662, 10669, 10680, 10690, 10691, 10693 and 10697 in the amount of $248,378.32, with no exceptions. Motion carried. Councilman Davis abstained. I Communication from Chief of Police, L. A. Espinoza, dated July 12, 1983, requesting authority and funds for Officer Steve Towles to attend the Western States Auto Theft Investigators Seminar in Fresno, California, September 15 & 16, 1983, with an expense allowance of $283.80, was presented. It was moved by McCormick, seconded by Davis, that the recommendation of the Police Chief be approved and authority be granted to issue warrant in the amount of $283.80 to Officer Steve Towles to attend the Western States Auto Theft Investigators Seminar in Fresno, California, September 15 & 16, 1983. Motion carried. Communication from Retired Police Officer Raymond D. Tisdale, dated July 20, 1983, requesting the City of Vernon approval for State of California Authorization to carry a Concealed Weapon 12027 (a) PC 12031 PC, was presented. It was moved by Ybarra, seconded by Davis, that request of Retired Police Officer Raymond D. Tisdale be deferred until executive session, later the same day. Motion carried. Communication From David Brearley, City Attorney, dated July 26, 1983, regarding the Terms of the Library Trustees, was presented. It was moved by Gonzales, seconded by Davis, that communi- cation from David Brearley, City Attorney, regarding Terms of the Library Trustees, be received and filed. Motion carried. I ORDINANCE NO. 936 - An Ordinance of the City Council of the City of Vernon Repealing Ordinance No. 913 and Providing for Salary and Expense Allowance for Members of the City Council of the City of Vernon, was read by title for a second and final reading. It was moved by McCormick, seconded by Ybarra, that Ordi- nance No. 936 receive and pass a second and final reading and be adopted. Motion carried. AYES: NOES: Absent: Malburg, Ybarra, Gonzales, McCormick, Davis None None Communication from David Brearley, City Attorney, dated July 26, 1983, regarding Formal Bidding Requirements, was presented. It was moved by Davis, seconded by Gonzales, that communi- cation from David Brearley, City Attorney, regarding Formal Bidding Requirement, be received and filed. Motion carried. (' ,., ? (J ;l ....* ==3= 8/2/83 ORDINANCE NO. 939 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959 by Amending Section 2.27 of Said Code .to Provide for a Waiver of Purchase Procedures and Repealing All Ordinance of Parts of Ordinance in Conflict Therewith, was read by title for a second and final reading. It was moved by McCormick, seconded by Gonzales, that Ordinance No. 939 receive and pass a second and final reading and be adopted. Motion carried. AYES: NOES: Absent: Malburg, Ybarra, Gonzales, Davis, McCormick None None I Communication from Arthur Nelson, Director of Community Services, dated July 27, 1983, requesting authority and funds for Richard Hilton to attend the Southern California Emergency Services Association Seminar on Toxic Materials Related to Occupational Health in Northridge on August 3, 1983, with an expense allowance of $20.00 to cover registration, was presented. It was moved by Davis, seconded by Ybarra, that the recommendation of the Director of Community Services be approved and authority be granted to issue warrant in the amount of $20.00 to Richard Hilton to attend the Southern California Emergency Occupational Health in Northridge on August 3, 1983. Motion carried. RESOLUTION NO. 5010 - A Resolution of the City Council of the City of Vernon Approving the Execution of an Agreement By and Between the City of Vernon and the City of Huntington Park Providing for the Maintenance, Operation and Service of Traffic Control Devices at the Intersections of Slauson and Boyle Avenues (State Street), and Randolph Steet and Boyle Avenue (State Street), was presented. (deferred from July 19, 1983 City Council Meeting) It was moved by McCormick, seconded by Ybarra, that approval of Resolution No. 5010 be deferred until the next City Council Meeting. Motion carried. Communication from George F. Bass, Fire Chief, dated July 27, 1983, requesting authority and funds for himself and Battalion Chief Arnold deBoer, to attend the Toxic Materials Related to Occupational Health Seminar in Northridge on August 3, 1983, with an expense allowance of $20.00 each to cover registration, was presented. I It was moved by Gonzales, seconded by Ybarra, that the recommendation of Fire Chief Bass be approved and authority be granted to issue warrants in the amount of $20.00 to George Bass and Arnold deBoer to attend the Toxic Materials Related to Occupational Health Seminar in Northridge on August 3, 1983. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated July 28, 1983, recommending that request for a variance from the Vernon City Code, Article IV (Off-Street Parking and Loading) from Jensen Industries located at 1946 E. 46th Street, be granted contingent upon the following conditions: 1. A covenant be recorded dedicating the adjacent lot exclusively for parking for the proposed building site. 2. Fifteen (15) additional legal parking spaces be provided within three years of the issuance of certificate for occupancy for the warehouse addition. 873 =4= 8/2/83 Mr. Malkenhorst also stated that this request had been reviewed by the Community Services Department and the Police & Fire Departmen ts. It was moved by Ybarra, seconded by Davis, that the recommendation of the City Administrator be approved and a variance be granted to Jensen Industries contingent upon the following conditions: 1. A covenant be recorded dedicating the adjacent lot exclusively for parking for the proposed building site. I 2. Fifteen (15) additional legal parking spaces be provided within three years of the issuance of certificate of occupancy for the warehouse addition. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated July 27, 1983, advising of inquiries from councilmembers regarding the National League of Cities Conference November 26 thru 30, 1983, and asking as to whom would be interested in attending, was presented. It was moved by McCormick, seconded by Davis, that funds be authorized for the officials who wish to attend the National League of Cities Conference, November 26-30, 1983. Motion carried. AYES: NOES: Absent: Ybarra, Davis, McCormick, Gonzales Malburg None RESOLUTION NO. 5023 - A Resolution of the City Council of the City of Vernon Commending Arthur E. Nelson for His Many Years of Service to the City of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 5023 be approved and adopted. Motion carried. AYES: NOES: Absent: Malburg, Ybarra, Gonzales, McCormick, Davis None None RESOLUTION NO. 5026 - A Resolution of the City Council of the City of Vernon Commending Henry R. Vasquez for His Many Years of Service to the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 5026 be approved and adopted. Motion carried. I AYES: NOES: Absent: Malburg, Ybarra, Gonzales, McCormick, Davis None None At 2:58 o~clock p.m., the Mayor declared a recess. At 3:00 o.clock p.m., the council reconvened in regular session, all members present before the recess, again being present. ORDINANCE NO. 937 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959 by Repealing Subsection (b) of Section 4A.5 and Section 4A.6 and Adding a New Subsection .(b) to Section 4A.5 and a New Section 4A.6 Regulating Emergency Burglar and Alarm Systems; Providing for the Issuance of Permits and Collection of Fees Therefore, and Providing for Penalties and Repealing All Ordinances and Parts of Ordinances in and Parts of Ordinances in Conflict Therewith, was read by title for a second and final reading. 874 =5= 8/2/83 It was moved by Ybarra, seconded by Gonzales, that Ordinance No. 937 receive and pass a second and final reading and be adopted. Motion carried. AYES: NOES: Absent: Malburg, Ybarra, Gonzales, McCormick, Davis None None ORDINANCE NO. 938 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959 by Amending Sections 22.72 and 22.89 of Said Code and Repeal- ing All Ordinances of Parts of Ordinances in Conflict Therewith, Specifically Ordinance No.. 893, was read by title for a second and final reading. I It was moved by McCormick, seconded by Davis, that Ordinance No. 938 receive and pass a second and final reading and be adopted. Motion carried. AYES: NOES: Absent: Malburg, Ybarra, Gonzales, McCormick, Davis None None Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated July 28, 1983, regarding the Diesel Generating Plant Waste Heat Recovery System and making the following recommendations: . 1. Accept the bid of Cal Pacific Salvage Inc., to remove the waste heat recovery system. 2. Accept the bid of Lakewood Pipe Service, Inc., for fabrication of exhaust elbows. 3. Accept the bid of Commercial Sandblast Company to sandblast and paint the exhaust elbows. It is also recommended that authority be granted to the Purchasing Agent to issue purchase orders for these items. It was moved by Ybarra, seconded by McCormick, that the recommendations of the City Administrator be approved and the Purchasing Agent be granted 'at:tthori ty to issue -purchas~ orders for the above listed items. Motion carried. Councilman Davis abstained. -Police Department Activity Log - July 16 - 31, 1983, was presented. It was moved by Davis, seconded by Ybarra, that the Police Department Activity Log for the period of July 16 - 31, 1983, be received and filed. Motion carried. I RESOLUTION NO. 5029 - 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 Cal Pacific Salvage, Inc., for the Removal of ~..Jaste Heat Recovery System from the Vernon Diesel Generating Plant, was presented. It was moved by Gonzales, 'seconded by McCormick, that Resolution No. 5029 be approved and adopted. Motion carried. AYES: NOES: Absent: Abstained: Malburg, Ybarra, Gonzales, McCormick None None Davis RESOLUTION NO. 5030 - 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 Lakewood Pipe Service, Inc., for the Fabrication of Exhaust Elbows for the Vernon Diesel Generating Plant, was presented. 875. =6= 8/2/83 It was moved by Ybarra, seconded by Gonzales, that Resolution No. 5030 be approved and adopted. Motion carried. AYES: NOES: Absent: Abstained: Malburg, Ybarra, Gonzales, McCormick None None Davis ,Communication from Bruce V. Malkenhorst, Director of PersonneL, dated August 2, 1983, transmitting the minutes of the Personnel Committee Meeting held August 1, 1983, for approval of recommendations contained therein, was presented. I It was moved by McComrick, seconded by Ybarra, that the approval and recommendations of the Personnel Committee Meeting held August 2, 1983, be deferred until executive session later the same day. Motion carried. At 3:59 o'clock, p.m., the Mayor declared a recess. At 4:50 o'clock, pTm., the council reconvened in regular session, all members present before the recess, again being present. At 4:50 o'clock, p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go into executive session, under Government Code Section 54957. Motion carried. All persons with the exception of the City Administrator/ City Clerk, City Attorney and Victor Vaits, Deputy Director of Community Services, were excluded from the executive session. Mayor Malburg declared all communications to and from the executive session deemed private and confidential. Victor Vaits was excused at 5:00 o'clock, p.m. At 6:12 o'clock, p.m., it was moved by Ybarra, seconded by Davis, that the City Council go out of executive session and resume regular session. Motion carried. At 6:13 o'clock, p.m.,. it was moved by Ybarra, seconded by Gonzales, that the City Council go into executive session under Attorney/Client privilege. Motion carried. All persons with the exception of the City Administrator/ City Clerk and City Attorney were excluded from the executive session. I Mayor Malburg declared all communications to and from the executive session deemed private and confidential. At 6:20 o'clock, p.m., it was moved by McCormick, seconded by Gonzales, that the City Council go out of executive session and resume regular session. Motion carried. The City Administrator/City Clerk recommended that the City Council approve a formal policy requiring that a City employee who is injured while working a different job not to be permitted to return to work until the employee is examined by a doctor appointed by the City and determined to be fully quali- fied to perform the duties of the employees current position with the City. It was moved by McCormick, seconded by Ybarra, that a formal policy is hereby established requiring all employees who are injured while working a different job to receive full medical clearance from a doctor appointed by the City prior to returning to work with the City. Motion carried. 876 =7= 8/2/83 The City Administrator/City Clerk reported that the Chief of Police has recommended that Police Officer Donald Lund be terminated from employment with the Police Department and indicated that he supported said recommendation and further recommended: (i) that the matter be set for consideration by the Council at its adjourned regular City Council Meeting to be held Thursday, August 11, 1983, at 2:00 p.m.; (ii) that Officer Lund be informed that he may address the Council concerning said termination and may submit written information to the City Clerk to be distributed to the Council if said information is received by the City Clerk prior to 3:00 p.m. on Tuesday, August 9, 1983; and (iii) that Officer Lund be taken off payroll effective August 3, 1983. I It was moved by Gonzales, seconded by Davis, that the City Administrator's recommendations (i), (ii), (iii) be accepted and that this-matter be set for consideration during the adjourned regular City Council Meeting to be held on August 11, 1983, at 2:00 p.m. Motion carried. The City Administrator/City Clerk reported that the Chief of Police has recommended that Police Officer Dale Osborne be disciplined for three (3) days and indicated that he disagreed with this recommendation and recommended that Officer Osborne be terminated from employment with the Police Department and further recommended (i) that the matter be set for consideration by the Council at its adjourned regular City Council Meeting to be he1d on Thursday, August 11, 1983, at 2: 00 p.m..; (ii) that Officer Osborne be informed that he may address the Council concerning said termination and may submit written information to the City Clerk to be distributed to the Council if said information i~ received by the City Clerk prior to 3:00 p.m. on Tuesday, August 9, 1983; and (iii) recommended that Officer Osborne be taken off payroll effective August 3, 1983.. It was moved by Ybarra, seconded by McCormick, that the City Administrator's recommendations (i), (ii), and (iii) be accepted and that this matter be set for consideration during the adjourned regular City Council meeting to be held on August 11, 1983, at 2:00 p.m. Motion carried. It was mOVla'd by Gonzales, seconded by Davis, that the minutes of the Personnel Committee Meeting., held August 1, 1983, be approved as written and recommendations contained therein be adopted. Motion carried. Communication from Retired Police Officer Raymond D. Tisdale, dated July 20, 1983, requesting that he be authorized to carry a concealed weapon pursuant to Section 12027 (a) of the California Penal Code. I Communication from David B. Brearley, City Attorney, dated July 29, 1983, advising the City Council that Section 12027 (a) of the Penal Code provides that the governing body of the agency must make the determination if a retired employee is to be denied the privilege to carry a concealed weapon. The City Attorney indicated that the Chief of Police had submitted a recommendation that Mr. Tisdale be denied his privilege to carry a concealed weapon in his retirement and recommended that the consideration of permitting Mr. Tisdale to carry a concealed weapon be set for- the regular City Council Meeting on September 6, 1983, at 4:45 p.m. It was moved by Ybarra, seconded by Daris, that the consideration of Mr; Tisdale's privilege to carry a concealed weapon as a retired police officer be set for consideration at the regular City Council Meeting on September 6, 1983, at 4:45 p.m. Motion carried. 877 =8=0 8/2/83 There being no further business, it was moved by McCormick, seconded by Ybarra, that the meeting be adjourned until August 11, 1983, at 2:00 p.m. Motion carried. -t::~~~ar2. eonis C. Malbur , Mayor ATTEST: I 6~~ Bruce V. Malkenhorst, City Administrator/City Clerk I 878 I I ~, .. ORDER OF ADJOURNMENT OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON I HEREBY CERTIFY THAT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON HELD AUGUST 2, 1983 AT 2: 00 P.M., IN THE COUNCIL CHA..~ERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY COUNCIL (Quorum Present) UNTIL AUGUST 11, 1983 AT 2:00 P.M, CITY HALL IN THE COUNCIL CHAMBERS OF THE .13~Yfi7~ Bruce V. Malkenhorst City Clerk . By ~:p./~ Chief Deputy City Clerk .." ,~. .. AFFIDAVIT OF POSTING State of California ) County ,of Los Angeles) SS City of Vernon ) I) BRUCE V. MALl{ENHORST~ City Clerk of the City of Vernon, do hereby ce~tify that I did, on the 3rd day of A" gm::; 1": 1 q 8 1 , at 8:30 a.m., post Order of Adjourn- ment of Meeting of the City Council of the City of Vernon, a copy of which is attached hereto, at a conspicuous place on or near the door of the place at which said meeting of August 2, 1983 , wa.s heldo 4~~ BRUCE V. MALKENHORST,. City C1erk-' Director of Finance Subscribed jJand sworn 9;> before me c this 3"l~day of &~, 19 l:i. y~ 8, .)~ of Notary ~hli: in &td for the Co~ty Los Angeles, State of California OFFICIAL SEAL LOIS J HILTON , NOTARY PUBLIC - CALlFORNIA~ I,' LOS ANGELES COUNTY : My comm. expires APR 6, 1986 4305 Santa F' Avenue, Vernon, CA 90058 I I NOTICE OF ADJOURNMENT OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON I HEREBY CERTIFY THAT A REGULAR MEETING OF THE CITY COUNCIL AT OF THE CITY OF VERNON TO BE HELD JULY 26, 1983 4: 45 P.M. IN THE COUNCIL CHAMBERS OF THE CJTY llALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY CLERK (Quorum Not Present) UNTIL AUGUST 2, 1983 AT 2:00 P.M., IN THE COUNCIL cHAMBERS OF THE CITY HALL. 11'~'<L ZJ ll1C4 UJ.J-' Bruce V. Malkenhorst City Clerk 4" BY. ..~~!? $-<'~ Chief Deputy City Clerk AFFIDAVIT OF POSTING State of California ) County of Los Angeles) SS City of Vernon ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that I did, on the 26th day of July 1983 4:45 p. ., m.) post Order of Adjourn- , at ment of Meeting of the City Council of the City of Vernon, a copy of which is attached hereto) at a conspicuous place on or near the door of the place at which said meeting of July 26, to be twas heldo 1983 &~~~, BRUCE V. LKENHORST,. City Clerk-' Director of Finance Subscribed and sworn to before me this 27th day of July , 19 ~. of OFFICIAL SEAL lOIS J HILTON NOTARY pueLlc - CALIFORNIA LOS ANGELES COUNTY My comm. expires APR 6, 1986 .. - , ....;;:J( 4305 Santa Fe Avenue, Vernon, CA 90058