Resolution No. 4853
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RESOLUTION NO. 4853
A RESOLUTION OF THE CITY COUNCIL OF.THE CITY
OF VERNON APPROVING THE EXECUTION OF AN
EMPLOYMENT AGREE~mNT FOR BRUCE V. MALKENHORST
AS THE CITY ADMINISTRATOR FOR THE CITY OF VERNON
WHEREAS, the City Council of the City of Vernon adopted
Ordinance No. 883 on August 1, 1978; and
WHE:REAS, Ordinance No. 883 established the position Of
City Administrator; and
WHEREAS, Bruce V. Malkenhorst has servec1 .as the City
Administrator since August ,1, 1~n8; and
WHEREAS, Section 2.7-7 of the Code of the City of
Vernon, California has been amended by Ordinance No. 922. to
provide for an employment agreement; and
WHEREAS, the City Council of the City of Vernon and
Bruce V. Malkenhorst desire to enter into an Employment Agreement
for City Administrator services; and
WHEREAS, Bruce V. Malkenhorst is desirous of entering
into the said Employment Agreement with said City Council
providing for a one (1) year notice of termination.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL>OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of VernoIl
does hereby find and determine that the recitals contained
hereinabove are true and correct.
SECTION 2: That the City Council of the City of VerIlon
does hereby approve the Employment Agreement with Bruce V.
Malkenhorst for City Administrator services, a copy of which
is attached here.to as Exhibit ItA" and incorporated herein by
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this reference as though fully set forth at length.
SECTION 3: That the Mayor is hereby authorized to
execute said Employment Agreement for City Administrator services
for and on behalf of the City of Vernon.
SECTION 4: That the City Clerk of the City of Vernon
shall certify to the passage of this Resolution and thereupon
and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this day of , 19
LEmus C. MALBURG, MayoJ:
ATTEST:
BRUCE V. MALl<ENHORST, City Clerk
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1 STATE OF CALIFORNIA
2 COUNTY OF LOS ANGELES
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ss.
4 I, BRUCE V. MALKENHORST, City Clexl<. of. the City of
5 . Verno.n I do hereby certify that the foregoing Resolution I being.
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Resolution No. 4853
I was duly .adopted by the City Council
'1 of the City of Vernon, and was approved by the Mayor of said
8 City at a regular meeting of the City Council hold on Tuesday,
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BRUCE V. l-1ALKENHORST, City Clerk
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Ef1PLOYHENT AGREEt-1.ENT
FOR
THE POSITION OF CITY ADMINISTRATOR
THE CITY OF VERNON, a. Hunicipal Corporation (hereinafter
"CITY") and BRUCE V .M.A.LKENHORST (hereinafter "~1ALKENHORST")
do hereby agree as follo...,s:
1. In the event that either the CITY or r1ALKENHORST
desire to terminate the employment of HALKENHORST, said notice
of termination shall be given in writing by ~ither party one OJ
year prior to said termination date.
Executed in duplicate this
day of
19
CITY OF VERNON
A Municipal Corporation
By
Leonis C. Malburg, Mayor
Bruce F. Malkenhorst
A'rTEST:
BRUCE V. ~~LKENHORST, City Clerk
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1 ORDINANCE NO. 883
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON REPEALING
ARTICLE II, SECTIONS 2.6 THROUGH 2.9 OF THE CODE OF THE CITY OF
3 VERNON AND ADDING NEW ARTICLE II, SECTION 2.6 THROUGH 2.9 OF THE
CODE OF THE CITY OF VERNON ESTABLISHING THE OFFICE OF THE CITY
4 ADMINISTRATOR AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT THEREWITH
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6 WHEREAS, the adoption by the State of California of the
7 Meyer-Milias-Brown Act (Government Code Section 3500, et seq.)
8 has created the need for increased coordination of personnel
9 administration; and
10 WHEREAS, the City Council of the City of Vernon had
11 previously established the position of Administrative Officer; and
12 WHEREAS, the City Council of the City of Vernon hereby
13 finds and determines that there is a need to establish the positio
14 of City Administrator and provide for appropriate power and duties
15 but does not intend to create a City Manager form of government;
16 and
17 WHEREAS, the City Council of the City of Vernon hereby
18 finds and determines that a City Administrator with appropriate
19 powers and duties is necessary in order to provide an effective
20 and efficient administration of the City Council's policies and
21 purposes and to provide continuity of the administration of the
22 Council's policies on a day-to-day basis; and
23 WHEREAS, the City Council intends to retain all existing
24 authority to dismiss and appoint all officers and employees and
25 that said City Administrator shall not have the powers provided
26 for in Section 34856 of the Government Code; and
27 WHEREAS, the City Administrator will perform the duties
28 of the City Clerk and shall be appointed to be the City Clerk
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for the City of Vernon and will have all of the powers and
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obligations provided for in the Government Code.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
6 finds and determines that the recitals contained hereinabove are
7 true and correct.
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SECTION 2: That the City Council of the City of Vernon
9 hereby finds and determines that it is necessary for the efficient
10 functioning of the City that the office of City Administrator be
11 crea ted .
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SECTION 3: That Article II, Sections 2.6 through 2.9 of
13 the Code of the City of Vernon establishing the Administrative
14 office is hereby repealed.
SECTION 4: That Article II, Sections 2.6 through 2.9
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16 is hereby added to the Code of the City of Vernon to read as
17 follows:
18 "ARTICLE II
19 CITY ADMINISTRATOR
20 SECTION 2.6
21 Purpose.
22 The City Council finds and determines that the
23 administrative affairs of the Municipal Govern-
24 ment of the City would be handled more expeditious-
25 ly, efficiently, and satisfactorily through an
26 officer, who acting on behalf of the Council,
27 would attend to such administrative affairs,
28 to correlate and coordinate various municipal
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activities, compile data, prepare reports
relating to the affairs of City government,
and to generally act as the agent of the
Council in the discharge of administrative
duties.
SECTION 2.7-1
Office Created - Qualifications.
There is hereby created in the service of the
City the position of City Administrator. The
City Administrator shall be selected by the
Council solely on the basis of his executive
and administrative qualifications, with special
reference to his actual experience, in, and
knowledge of, accepted practices in respect
to the duties of his office as set forth in
this article.
SECTION 2.7-2
Compensation and Expenses.
The City Administrator shall receive such com-
pensation and expense allowances as the Council
shall, from time to time, determine, and such
compensation and expenses shall be a proper
charge against such funds of the City as the
Council shall designate.
The City Administrator shall be reimbursed for
all sums necessarily incurred or paid by him in
the performance of his duties, or incurred when
traveling on business pertaining to the City
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under the direction of, or with the express
consent, of the Council. Reimbursement shall
be made only in accordance with an itemized
claim setting forth the sums expended or
obligations incurred in the manner provided
by the Council for the presentation of claims
for reimbursement of expenses of other City
officers and employees.
SECTION 2.7-3
City Clerk.
The Clerk Administrator is hereby appointed to
serve as the City Clerk and shall have the
powers and duties provided for in the Government
Code.
SECTION 2.7-4
Municipal Employee Relations Representative.
The City Administrator is hereby appointed as
the Municipal Employee Relations Representative
(MERR) and shall serve in said capacity and
shall be responsible for the performance of all
duties and obligations provided for in Resolution
4027, and in addition thereto, shall be in
accordance with City Council policy and direction
be responsible for all of the labor relations
for the City.
SECTION 2.7-5
Personnel Director.
The City Administrator shall serve as the Per-
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sonnel Director of the city.
SECTION 2.7-6
Absence.
In case of the absence or disability of the
City Administrator, the City Council may
designate some duly qualified person to per-
form the duties of the City Administrator
during the period of absence or disability of
said City Administrator, subject, however, to
said person's furnishing a corporate surety
bond and conditioned on faithful performance
of the duties required to be performed as set
forth in Section 2.7 herein.
SECTION 2.7-7
Removal After Municipal Election.
Not withstanding the provisions of this Article
hereinbefore enumerated, the City Administrator
shall not be removed from office during or with-
in a period of ninety (90) days next succeeding
any general municipal election held at which
said election a member of the Council is elected;
the purpose of this provision is to allow any
newly elected member of the Councilor a re-
organized Council to observe the actions and
ability of the Administrator in the performance
of the powers and duties of his office. After
the expiration of the ninety (90) days afore-
mentioned, the provisions of the preceding
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Section as to the removal of the Administrator
shall apply and be effective.
SECTION 2.7-8
Bond.
The City Administrator shall, before entering
upon the duties of his office, give a good
and sufficient corporate surety bond to the
City in such an amount and form as shall be
approved by the City Attorney and as required
by any law of the State or of the city. Such
bond shall be conditioned upon the faithful
performance and discharge of his duties and
for the proper application and payment of all
money or property coming into his hands by
virtue of his office. A general bond covering
more than one officer or employee of the City
shall suffice if it meets the requirements set
forth in this Section. The premium for such
bond shall be paid by the City.
SECTION 2.7-9
Standards of Performance.
In the discharge of his duties, the City
Administrator shall endeavor at all times to
exercise the highest degree of tact,patience,
and courtesy in his contacts with the public,
with the Council, and with all City Commissions,
Boards, Departments, Offices, and Employees and
shall use his best efforts to establish and
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maintain a harmonious relationship among all
personnel employed in the government of the
City to the end that the highest possible
standard of public service shall be continuously
maintained.
SECTION 2.8
Powers and Duties.
The City Administrator shall be the administrative
head of the government of the City, under the
direction and control of the Council. He shall
be responsible for the efficient administration
of all of the affairs of the City which affairs
are under his control. In addition to his general
powers as administrative head, and not as a limita-
tion thereon, he shall have the following powers
and duties:
(a) General Supervision.
To execute on behalf of the Council its adminis-
trative supervision and control of such affairs
of the City as may be placed in his charge, or
which are not otherwise provided for by the
Council and to exercise control over and to super-
vise in general all Departments and Divisions of
the City Government and all appointive officers
and employees thereof. The City Council reserves
the right to modify, amend or supercede any such
action taken by the City Administrator.
(b) Enforcement.
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To see that the laws of the State of Cali-
fornia pertaining to the City, and all laws
and ordinances of the City are duly enforced
and that all franchises, permits and privileges
granted by the City are faithfully observed.
(c) Personnel and Organization.
To administer, supervise and enforce all
personnel resolutions, ordinances, minute
orders and policies of the City Council and
to recommend to the Council such reorganiza-
tion of officers, departments or divisions
as may be indicated in the interests of the
efficient, effective, and economical conduct
of the City's business, and to effect such
reorganization when authorized by appropriate
ordinance, resolution or motion of the Council
and to administer and supervise all personnel
testing, examination, and other department
heads' recommendations relating to dismissal,
suspension, and discipline of officers and
employees within their respective departments
and to act generally as the personnel director
for the City of Vernon.
(d) Rules and Regulations.
To prescribe such rules, regulations, and
policies as the City Council shall deem necessary
or expedient for the conduct of administrative
services, and to revoke, suspend or amend any
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rule, regulation, or policy established by any
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officer, department head, or other person in
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the administrative services. The City Council
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reserves the right to modify, amend or supercede
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any such action taken by the City Administrator.
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(e) Co~pensation Plan.
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To prep~re and to recommend to the Council,
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from time to time, desirable revisions of the
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compens~tion plan of the City.
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(f) Assist the Council.
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To attend meetings of the Council and its
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Committees and to report upon and discuss any
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matter concerning the affairs of the departments,
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services or activities under his supervision
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upon which, in his judgment, the Council should
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be informed, or upon which his views or opinions
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are requested by the Council.
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(g) Carry Out Council Decisions.
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To carry out, on behalf of the Council, its
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policies, rules, regulations and laws relating
to the administration of the affairs of the City,
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its departments, divisions, and services.
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(h) Budget.
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To supervise the preparation of a detailed, pro-
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posed municipal budget and submit the same to the
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Council before the 15th day of May of each year,
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and to offer his recommendations as to such in-
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creases, decreases, cancellations, transfers, or
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changes in any of the items included in the pro-
posed budget as in his judgment should be made
before adoption of the final budget; to be re-
sponsible for the administration of the budget
after its final adoption; and to keep the
Council informed with respect thereto.
(i) Purchasing.
As agent for the Council to exercise the power
of approval or rejection of expeditures for
all departments, divisions, services and offices
of the City Government in accordance with the
municipal budget adopted by the Council.
(j) Recommendations to the Council.
To recommend to the Council for adoption such
measures and ordinances as he deems necessary
or expedient.
(k) Studies and Reports.
To make such surveys, studies, reports, and
recommendations as he may deem desirable on
any matter affecting the interests of the
people or City as budgeted or as may be re-
quested by the Council.
(1) Council Agenda.
To prepare the agenda for all regular, special,
or adjourned meetings of the Council in ac-
cordance with the laws establishing rules for
Council meetings.
(m) Mail.
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To receive and open all mail addressed in whole
or in part to the Council, or to the Mayor or
to the Mayor Pro Tern by title only, and to give
immediate attention thereto to the end that all
administrative business referred to in such
communications, and not necessarily requiring
action by the Council, may be disposed of in an
expeditious manner; provided, however, all
actions taken pursuant to such communications
shall be reported to the Council at its next
regular meeting thereafter, or by separate
communication to each member of the Council.
(n) Financial Conditions.
To keep the Council at all times fully advised
as to the financial conditions and needs of the
City.
(0) Investigations.
To make investigations into the affairs of the
City in any department or division thereof and
any contract or the proper performance of any
obligation running to the City.
(p) Full-Time Duties.
To devote his entire time to the duties and
interests of the City.
(q) Duty of Other Officers.
It shall be the duty of all other officers
including the City Clerk, the City Treasurer,
and the City Attorney to cooperate with and
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1 assist the City Administrator in administering
2 the affairs of the City most efficiently,
3 economically, and harmoniously so far as may
4 be consistent with their duties as prescribed
5 by law and this Code.
6 (r) Other Powers and Duties.
7 To perform such other duties and exercise such
8 other powers as are necessarily incident to the
9 powers set forth in this Section or as may be
10 assigned or delegated to him, from time to time,
11 by action of the Council.
12 SECTION 2.9
13 Limitations Imposed.
14 The City Administrator shall not attempt to
15 establish general policy which it is the pro-
16 vince of the Council to determine, nor shall he
17 commit or bind the Councilor any member thereof
18 to any action, plan, or program requiring official
19 Council action. It is not intended by the pro-
20 vision of this Chapter to grant any authority to,
21 or impose any duty upon, the City Administrator
22 which is now or hereafter may be vested in or
23 imposed by general state law on the Mayor, City
24 Councilmen, or any other City Commission, Depart-
25 ment, Officer, or Employee."
26 SECTION 5: There being no newspaper printed, published
27 and circulated in the City of Vernon, the City Clerk is hereby
28 directed to certify to the passage of this Ordinance and shall
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post the same or cause the same to be posted in three (3) of
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the most public places in the City of Vernon, to wit: The north-
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west corner of 38th Street and Santa Fe Avenue, the northeast
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corner of Leonis Boulevard and Pacific Boulevard, and on the
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bulletin board in the lobby of the City Hall of said City, located
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at 4305 Santa Fe Avenue, all in the City of Vernon, County of
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Los Angeles, State of California; that this Ordinance shall be in
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full force and effect thirty (30) days from and after said posting
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PASSED, APPROVED AND ADOPTED this 1st
day of Au
10 1978.
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(~. LEONIS C. MAL~ RG, May~r
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
COUNTY OF LOS ANGELES
5 do hereby certify that the foregoing Ordinance, being Ordinance
6 No . 8 8 3
, was duly and regularly introduced at a regular
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meeting of the City Council of the City of Vernon, held on
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July 24, 1978
, and thereafter finally adooted at It regular
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meeting of said City Council held on August 1, 1978
, by the
11 ,following vote:
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AYES: Counci.lmen:
Gonzales, Ybarra., McCormick, Malburg
NOES: Counci.lmen:
None
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ABSENT: Councilmen:
Kaeser
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L5~~/M~~
Bruce V. Malkenhorst, City Clerk
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(SEAL)
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES) SS
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CITY OF VERNON . )
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I, BRUCE V. MALKENHORST, City Clerk of the City
of Vernon, do hereby certify that I did, on the 2nd day of
August , 1978 , post three (3) copies of Ordinance No. 883
n Ordinance of the City CoUiiCu of the City of Vernon Establishing the Office of
ity Aqministrator and Repealing all Ordinance!;; and part!;; in conflict thp.rp.with,
one in each of the following places, to wit: At the northwest
corner of 38th Street and Santa Fe Avenue, at the northeast cor-
ner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
board in the lobby of the City Hall of the City of Vernon, locat-
ed at 4305 Santa Fe Avenue, all in said City, there being no
newspaper of general circulation printed and published in the City
of Vernon.
Signed this 2nd day of
August
, 191!L.
B~~~~le#
Subscribed and sworn to before me
this 2nd day of August ,19.1!L.
Notary ~~ a9l:fi~ty of
Los Angeles, State of California.
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OFFICIAL SEAL
lOIS J. HilTON
NOTARY PUBLIC. CALIFORNIA
LOS ANGELES COUNTY 6
My comm. expires APR 6, 1982 1'>
4305 Santa Fe Avenue, Vernon, CA 90058
=2= 1/5/82
RESOLUTION N0. 4853 - A Resolution of the City Council
of the City of Vernon Approving The Execution Of An Employment
Agreement For .Bruce V. Malkenhorst As The City Administrator
For The City Of Vernon, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 4853 be approved and adopted. Motion carried.
AYES: McCormick, Davis, Malburg, Ybarra,_Gonzales
• NOES: None
Absent: None
Communication from .Bruce V. Malkenhorst, Personnel
Director, dated January 5, 1982, transmitting minutes of the
Personnel Committee Meeting held January 4, 1982, for approval
of recommendations contained therein, was presented.
It was moved by Gonzales, seconded by Davis,-that the
minutes of the Personnel Committee Meeting held January 4, 1982
be approved as written and recommendations contained therein be
adopted. Motion carried. .
RESOLUTION N0, 4865 - A Resolution of the.City Council of
the City of Vernon Approving The Execution Of A Contract By And
Between Steel Casting Company And The City Of Vernon Which
Provides For Electrical Services, was presented. (Deferred from
December 15, 1981 meeting).
It was moved by Ybarra,.secOnde:d by McCormick, that approval
of Resolution No. 48.65 be deferred until the next regular City
Council Meeting to be held January 19, 1982. Motion carried,
Communication from Louis S. Hanger, Director Environmental
Health, dated December 15, 1981, advising that in accordance
with Section 459 of.the California Health and Safety Code the City
' .Jail has baen.inspected.and that the facility complies with the
standards and requirements prescribed by the Board of Corrections
regarding environmental conditions, was presented.
It was moved by Gonzales, seconded by Ybarra, that the
communication from the Director Environmental Health, be received
and filed. Motion carried..
Communication from L, A. Espinoza, Chief of Police, dated
. December 15, 1981, recommending authority and funds for him to
attend the 1982 California Police Chiefs Annuah Conference in.
-Santa Barbara, from February 2-5, 1982., with. an expense allowance
o'f $429,00, was.presented.
It was moved by Ybarra, seconded by McCormick, that the
recommendation of the Chief of Police be approved and authority
be granted to issue warrant in the amount of $429.00 to L. A.
Espinoza, to attend the 1982 California Police Chiefs Annual
Corifernce in Santa Barbara.. Motion carried:..
.Communication from Alhambra City Council., dated December
16, 1981, re arding their support of SB 393. .and. SB1278 by Senator '
Newton Russell which Relate to the Definition of Pornography and
Restriction of the Display of Sexually Explicit Materials to Minors,
' and asking .the Council's support of same, was presented
Tt was moved by McCormick, seconded by Davis that the
communication from the Alhambra City, Council, be received and filed. - ,
Motion carried.
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