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.
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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.
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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
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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
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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.
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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
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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.
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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
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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