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19830920 Regular City Council Meeting - Minutes MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL HELD SEPTEMBER 20, 1983, AT 2:45 P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick, Davis MEMBERS ABSENT : 'None I I The meeting was called to order by Mayor Malburg. The City Clerk read the following bids for Contract No. 458, District at Atlantic Improvements, that had been opened by the Chief Deputy City Clerk at 2:00 p.m., earlier the same day. Excel Paving Company Robert Excudero, Inc. Sully-Miller Contracting Co. Vernon Paving $ 88,406.00 98,307.13 84,044.83 92,233.92 It was moved by Gonzales, seconded by Davis, that the bids received for District at Atlantic Improvements in Accordance with Contract No. 458,be referred to the Community Services Department for checking and report. Motion carried. It was moved by McCormick, seconded by Ybarra, that the Minutes of the Adjourned Regular City Council Meeting held August 11, 1983, be approved as corrected. Motion carried. It was moved by Davis, seconded by Gonzales, that the Minutes of the City Council Meeting held September 6, 1983, be approved as written and submitted. Motion carried. Police Department Activity Log for the period September 1-15, 1983, was presented. It was moved by McCormick, seconded by Ybarra, that the Police Department Activity Log for the period September 1-15, 1983, be received and filed. Motion carried. Health Department Report for the month of August, 1983, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of August, 1983, be received and filed. Motion carried. I Warrant Register No. 628 - covering claims and demands presented during the period September 1-15, 1983, which includes Demand Nos. 11005 thru 11163 (both inclusive) excluding Light & Power Demands drawn on the First Interstate Bank totaling $79,782.30 (accounting period September 1983) , was examined and audited. It was moved by Davis, seconded by Ybarra, that Warrant Regist.er No. 628 be approved and payment authorized for Demand Nos. 11005 thru 11163 (both inclusive) excluding Light & Power Demands, in the amount of $79,782.30, with no other exceptions. Motion carried. Warrant Register No. 628, covering claims and demands presented during the period September 1-15, 1983, which includes Light & Power Demands Nos. 11064, 11070, 11094, 11099, 11106, 11119, 11120, 11126, 11129, 11141, 11142, 11153, 11158 and 11163, totaling $5,613,189.56 (accounting period September 1983), was examined and audited. . (,~t I ,,: .,j -2- 9/20/83 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 628 be approved and payment authorized for Light & Power Demand Nos. 11064, 11070, 11094, 11099, 11106, 11119, 11120, 11126, 11129, 11141, 11142, 11153, 11158 and 11163, totaling $5,613,189.56, with no exceptions. Motion carried. Councilman Davis abstained. I 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 Maintenance, Operation and Service of Traffic Control Devices at the Intersections of Slauson and Boyle Avenues (State Street) and Randolph Street and Boyle Avenue (State Street) (deferred from September 6, 1983 City Council Meeting), was presented. It was moved by Gonzales, seconded by 'Davis, that Resolution No. 5010 be deferred until the next City Council Meeting, October 6:, 1983, Motion carried. Communication from Carol J. Dorfmeyer, City Clerk of Hawaiian Gardens, dated August 1, 1983, advising of their City Council's adoption of a resolution urging the legislature and the Governor of the State of California to Take Positive Action to Control Telephone Rates and requesting the City of Vernon's City Council's support of their action (deferred from September 6, 1983, City Council Meeting), was presented. It was moved by Ybarra, seconded by Gonzales, that the communication from Carol J. Dorfmeyer, be deferred until the next City Council Meeting, October 6, 1983. Notion carried. Communication from Chief of Police Espinoza, dated September 7, 1983, requesting authority and funds for James Wohlt to attend the 1983 Annual California Association of Police Training Officers' Seminar in Monterey, California, October 12-14, 1983 with an expense allowance of $110.50, was presented. It was moved by McCormick, seconded by Davis, that the re- commendation of the Police Chief be approved and authority be granted to issue warnant in the amount of $110.50 to James 1iTohlt to attend the 1983 Annual California Association of Police Training Officers Seminar in Monterey, California, October 12-14, 1983. Motion carried. Communication from Chief of Police Espinoza, dated September 13, 1983, requesting authority and funds for Captain Rosenkrantz to attend the California Association of Polygraph Exawiners Training Seminar in Sunnyvale, California, October 21-23, 1983, with an expense allowance of $319.00, was presented. I It was moved by Ybarra, seconded by Davis, that the re- commendation of the Police Chief be approved and authority be granted to issue warrant in the amount of $319.00 to Captain Rosenkrantz to attend the California Association of Polygraph Examiners Training Seminar in Sunnyvale, California, October 21-23, 1983. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 14, 1983, requesting funds in the amount of $318.00 be allotted for travel expense for the National League of Cities Conference, New Orleans, Louisiana, November 26- 30, 1983, for each city official and depantrnent head attending, was presented. It was moved by McCormick, seconded by Gonzales, that the recommendation by the City Administrator/City Clerk be approved and authority be granted to issue warrant in the amount of $318.00 for each city official and department head attending the National League of Cities Conference, New Orleans, Louisiana November 26-30, 1983 for travel expense. Motion carried. e9.6 -3- 9/20/83 Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 14, 1983, requesting funds be granted in the amount of $1100 (total) to cover registration to the National League of Cities Conference in New Orleans, Louisiana, November 26 thru 30, 1983 for all city officials and department heads attending ($220.00 each), was presented. It was moved by Ybarra, seconded by Davis, that the City Administrator/City Clerk's recommendation be approved and authority be granted to issue warrant in the amount of $1100 to cover registration to the National League of Cities Conference in New Orleans, Louisiana, November 26 thru 30, 1983. Motion carried. I Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 15, 1983, transmitting for Council's review a report on the prospect of a small hydro-generation facility for the City of Vernon, and recommending that phase II of the study be authorized. It was moved by McCormick seconded by Ybarra, that the report on the prospect of a small hydro-generation facility for the City of Vernon, transmitted by the City Administrator/City Clerk be reviewed by the City Council, and that the recommendation of the City Administrator/City Clerk be approved and that phase II of the study be authorized. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 14, 1983, requesting that funds be granted in the amount of $70.00 for each city official and department head attending the League of California Cities.; Conference in San Francisco, California, October 2-5, 1983, for travel expense, was presented. It was moved by Ybarra, seconded by Davis, that the re- commendation from the City Administrator/City Clerk be approved and authority be granted to issue warrant in the amount of $70.00 for each city official and department head attending the League of California Cities Conference in San Francisco, California, October 2-5, 1983, for travel expense. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 14, 1983, advising that inquiries have been received regarding the possiblity of cogeneration facility construction within the City of Vernon and recommending that a sixty (60) day moratorium be established for all phases of cogeneration plan implementation and that the City Attorney, Directors of the Community Services and Water & Power Departments conditional use permit requirement for such construction, was presented. I It was moved by Gonzales, seconded by l-1cCormick, that the recommendation of the City Administrator/City Clerk be approved and the sixty (60) day moratorium be established for all phases of cogeneration plan implementation and that the City Attorney, Directors of Community Services and Water & Power Departments be instructed to prepare a report on the possible adoption of a conditional use permit requirement for such construction. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 19, 1983, advising that we have received an executed Joint Powers Agreement from the Cities of Huntington Park and Bell regarding the City of Vernon's allocated shares of the 1980 Park lands Act and recommending that the City Council approve the Joint Powers Agreement with both cities and the Mayor and the City Clerk be authorized to sign said documents, was presented. It was moved by Ybarra, seconded by Davis, that the communi- cation from the City Administrator/City Clerk regarding an executed Joint Powers Agreement from the Cities of Huntington Park and Bell be deferred until the next City Council Meeting October 6, 1983. Motion carried. 897 -4- 9/20/83 Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 14, 1983, advising that inquiries have been made into the prospect of mini storage warehousing in the City of Vernon. It is hereby recommended that a sixty (60) day moratorium be adopted for all mini-warehouse construction which would allow for the Community Services Department to study any effects on the City's General Plan, was presented. It was moved by McCormick, seconded by Gonzales, that the recommendation of the City Administrator/City Clerk be approved and that a sixty (60) day moratorium be adopted for all mini-warehouse construction which would allow for the Community Services Department and the Police and Fire Departments to study any effects on the City's General Plan. Motion carried. I Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 14, 1983, advising that Kal Kan Foods, Inc., has requested permission to' install six (6) pipes under 44th Street approximately 617 feet east of the center line of Alcoa Avenue. It is hereby recommended that said Encroachment: License Agreement be approved and executed by the Mayo~ and City Clerk, was presented. It was moved by Ybarra, seconded by McCormick, that the recommendation of the City Administrator/City Clerk that the Encroachment License Agreement be approved and that the request for permission to Kal Kan Foods, Inc., to install six (6) pipes under 44th Street ~pproximately 617 feet east of the centerline of Alcoa Avenue, be granted and that said agreement be executed by the Mayor and City Clerkl'< Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 15, ~83, requesting that authority and funds be granted to Terry Gresham to attend a safety workshop on "Entering Manholes & Confined Spaces", Thursday, September 29, 1983, in Garden Grove, California, with a total allowance of $50.00, was presented. It was moved by Davis, seconded by Ybarra, that the recom- mendation of the City Administrator/City Clerk be approved and authority be granted to issue warrant in the amount of $50.00 to Terry Gresham to attend a safety workshop on "Entering Manholes & Confined Spaces", Thursday, September 29, 1983, in Garden Grove, Calfornia. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 15, 1983, recommending that the City join the ICMA Retirement Trust which provides for the City's participation in the election of trustees who oversee the conduct of the program and that the City Attorney be instructed to prepare a resolution adopting same, was presented. I RESOLUTION NO. 5042 - A Resolution of the City Council of the City of Vernon Adopting a Deferred Compensation Plan and Executing the ICMA Retirement Trust and Appointing the City Administrator to be the Coordinator of This Program on Behalf of the City of Vernon. It was moved by Ybarra, seconded by Gonzales, that Resolu- tion No. 5042 be approved and adopted. Motion carried. AYES: NOES: Absent: Malburg, Ybarra, Gonzales, McCormick, Davis None None Communication from Victor H. Vaits, Director of Community Services, dated September 12, 1983, advising that the bids received and opened September 6, 1983, in accordance with Contract No. 459 have been reviewed and recommending that said contract be awarded to Pacific Striping, 3484 Turnbull Canyon Road, Hacienda Heights, California, 91745 on the basis of their bid in the amount of $20,838.47, was presented. 898 -5- 9/20/83 RESOLUTION NO. 5043 - A Resolution the City of Vernon Accepting the Bid of Pavement Striping 1983-84 in Accordance of the City of Vernon and Approving the Contract. of the City Council of Pacific Striping for with Contract No. 459 Execution of Said It was moved by McCormick, seconded by Davis, that Resolu- tion No. 5043 be approved and adopted. Motion carried. AYES: NOES: Absent: Malburg, Ybarra, Gonzales, McCormick, Davis None None I Communication from Chief of Police L. A. Espinoza, dated September 14, 1983, requesting authority and funds for Officer Lascurain to attend the California Association of Labor Relations Officers Training Seminar in Fresno, California, October 13-14, 1983, with an expense allowance of $182.60, was presented. It was moved by Ybarra, seconded by Gonzales, that the Chief of Police's recommendation be approved and authority be granted to issue warrant in the amount of $182.60 to Officer Lascurain to attend the California Association of Labor Relations Officers Training Seminar in Fresno, California, October 13-14, 1983. Motion carried. Communication from Chief of Police L. A. Espinoza, dated September 14, 1983, requesting authority and funds for Lt. James Mason to attend the California Assocationa of Labor Relations Officers Training Seminar in Fresno, California, October 13-14, 1983, with an expense allowance of $182,60, was presented. It was moved by Davis, seconded by McCormick, that the Chief of Police's recommendation be approved and authority be granted to issue warrant in the amount of $182.60 to Lt. James Mason to attend the California Association of Labor Relations Officers Training Seminar in Fresno, California, October 13-14, 1983. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated September 20, 1983, transmitting the minutes of the Personnel Committee Meeting held September 19, 1983, for approval of recom- mendations contained therein, was presented. It was moyed by Gonzales, seconded by Ybarra, that the minutes of the Personnel Committee Meeting held September 19, 1983, be approved as w+:,itten. Motion carried. I Conm.mication from Ellen Poochigian, City Clerk, dated August 30, 1983, advising that the City.Cotmcil of the City of Rosemead adopted a resolution which urges support of the passage of AB678 and requesting the City Council of the City of Vernon to adopt a similar resolution urging the support of AB 678 which would remedy the current inequitable distribution of fines and for- feitures collected by the Los Angeles COtnlty Mmicipal Courts, was presented, RESOLUTION NO. 5044 - A Resolution of the City Council of the City of Vernon Supporting And Urging The Passage Of Assembly Bill 678, was presented. It was rwved by Gonzales, seconded by Ybarra, that Resolution No. 5044 be approved and adopted. Motion carried. AYES: NOES: . Absent: Gonzales, Ybarra, Malburg, Davis, McCormick None None At 3: 55 P.M., Mayor Malburg declared a recess. At 4: 18 P.M., the City Cotnlcil reconvened in regular session, all members present before the recess, again being present. 899 (6) 9/20/83 At 4:20 p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go into executive session, under Section 54947 of the Government Code. Motion carried. All persons wjth the exception of the City Administrator/ City Clerk, City Attorney, Police Chief Espinoza and Captain Rosenkrantz were excluded from the executive session. Mayor Malburg declared all communications to and from the executive session deemed private and confidential. Police Chief Espinoza and Captain Rosenkrantz were excused at 5:15 p.m. I At 5:25 p.m., it was moved by Ybarra, seconded by McCormick, that the City Council go out of executive session and resume regular session. At 5: 26 p.m., it was moved by McCormick, seconded by Ybarra, 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. Mayor Malburg declared all communications to and from the exeeutive session deemed private and confidential. At 5: 30 p. m., it was moved by McCormick, seconded by Ybarra, that the City Council go out of executive session and resume regular session. Motion carried. Communication from Lieutenant Ted Miller, dated August 15, 1983, submitting a medical report from Michael Sugarman, M.D. and advising that he had submitted his request for a disability retirement from P.E.R.S., was presented. It was moved by Ybarra, seconded by McCormick, that the communication from Lieutenant Ted Miller and medical report from Dr. Michael Sugarman be received and filed. Motion carried. RESOLUTION NO. 5045 - A Resolution of the City Council of the City of Vernon Determining The Disability Retirement Of Ted Miller, A Local Safety Officer Employed By The City Of Vernon (Sections 21024 and 21025 of the Government 'Code) It was moved by McCormick, seconded by Ybarra, that Resolution No. 5045 be approved and adopted. Motion carried. I AYES: NOES: Absent: McCormick, Ybarra, Malburg, Davis, Gonzales None None Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 20, 1983, recommending that Sergeant Waxman be suspended one day without pay as disciplinary action due to his negligence in the care of city property, was presented. It was moved by Davis, seconded by Ybarra, that the recommen- dation of the City Administrator/City Clerk be approved and that Sergeant Waxman be suspended one day without pay as disciplinary action due to his negligence in the care of city property, which will be held in abeyance for one year. Motion carried. Communication from Bruce V. Malkenhorst, City Administrator/ City Clerk, dated September 20, 1983, submitting a written communication from Officer Hector Figueroa requesting that we allow him to be paid for the holiday of September 9, 1983. He was not certified for pay of this holiday (Admission Day) as he was absent from work the day proceeding the holiday, was presented. 900 901 (7) 9/20/83 It was moved by McCormick, seconded by Gonzales that the request from Officer Hector Figueroa to be paid for the holiday of September 9, 1983 be denied. Motion carried. RESOLUTION NO. 5046 - A Resolution of the City Council of the City of Vernon Approving And Authorizing The Execution Of Amendment No. 1 To The Agreement For Intergr ation And Interrupti b1 e Transmission Of Nonfirm Energy Purchased, Pursuant To An Energy Agreement, By Vernon From Nevada Power Company Between Southern California Edison Company And The City Of Vernon, was presented. It was moved by Gonzales, seconded by Ybarra, that Resol ution No. 5046 be approved and adopted. Motion carried. I AYES: NOES: Absent: Abstained: Gonzales, Ybarra, Malburg, McCormick None None Davis There being no further business, it was moved by Ybarra, seconded by McCormick that the meeting be adj ourned. Motion carried. ~~. LEONIS C. MALB.. G, Mayor ATTEST: 6~~ BRUCE V. MALKENHORST, City Administrator/ City Clerk I .. .-;.~ ... '. AFFIDAVIT OF POSTING State of California ) County of Los Angeles) SS City of Vernon ) do hereby certify that I did, on the I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, ~-" 20th day of September, 198~ at 2:00 ,post Notice of Adjournment of the City Council Meeting of the City of Vernon, copy attached hereto, at a consnicuous place on or near the door of the place at which said meeting of September 20. 1983 Subscribed and sworn to before me this 20th day of September , was held. BRUCE V. :t-'fALKENHORST 1983 . ~~/~ Notary Public in an for the County of Los Angeles, State of California OFFICIAL SEAL LOIS J HILTON . NOTARY PUBLIC' CAL "~ NIAj i LOS ANGELES COUNTY My comm. expires APR 6,_.1986 ----- 4305 Santa Fe 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 OF THE CITY OF VERNON TO BE HELD SEPTEMBER 20, AT 2:00 P.M. IN THE COUNCIL CHAMBERS OF THE CJTY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA, WAS ADJOURNED BY ORDER OF THE CITY CLERK (Quorum Not Present) UNTIL SEPTEMBER 20, 1983, AT 2:45 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL. Bruce V. Malkenhorst City Clerk