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19821026 Regular City Council Meeting - Minutes MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL, HELD OCTOBER 26, 1982, AT 4:45 P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVE. VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, Davis MEMBERS ABSENT: McCormick (arrived 5:10 p.m.) I The meeting was called to order by Mayor Malburg. At this time, Mayor Malburg presented a 20 year Service Pin to Henry Vasquez. At 4:50 p.m., the Mayor declared a recess. At 4: 55 p.m., the council reconvened in regular session, all members present before the recess, again being present. It was moved by Ybarra, seconded by Davis, that the minutes of the regu~ar City Council Meeting held September 21, 1982 be approved as written and submitted. Motion carri- ed. (Deferred from October 5, 1982 City Council Meeting) It was moved by Davis, seconded by Gonzales, that the minutes of the regular City Council Meeting held October 5, 1982 be approved as written and submitted. Motion carried. ORDINANCE NO. 930 - An Ordinance of the City Council of the City of Vernon Providing That Contiguous Parcels Owned By The Same Owner Which Are Not In Conformance With Current Standards Of Minimum Parcel Size Shall Be Merged In Accordance With Section 66424 Of The Government Code And Repealing All Ordinances And/Or Parts Of Ordinances In Conflict Therewith, was read by title for a second and final reading. It was moved by Ybarra, seconded by Davis, that Ord- inance No. 930 receive and pass a second reading and be adopted. Motion carried. AYES: NOES: Absent: Ybarra, Davis, Malburg, Gonzales None McCormick I Warrant Register No. 606 - Covering claims and demands presented during the period October 1-15, 1982, which includes Demand Nos. 7926-8089 (both inclusive) excluding Light and Power demands, drawn on the First Interstate Bank totaling $94,810.67, (Accounting period October 1982)was examined and audited. It was moved by Ybarra, seconded by Gonzales, that Warrant Register No. 606 be approved and payment authorized for Demand Nos. 7926-8089 (both inclusive), excluding Light and Power Demands, in the amount of $94,810.67, with no other exceptions. Motion carried. Warrant Register No. 606 - Covering claims and demands presented during the period October 1-15, 1982, which includes Light and ~ower Demand Nos. 7927, 7928, 7950, 7951, 7952, 7954, 7985, 8062~ 8063, 8068, 8069, 8070, 8071, 8072, 8073, 8087, and 8088, totaling $5,861,067.93, (Accounting period October 1982) was examined and audited. 751 (2) 10/26/82 It was moved by Gonzales, seconded by Ybarra, that Warrant Register No. 606 be approved and payment authorized for Light and Power Demand Nos. 7927, 7928, 7950, 7951, 7952, 7954, 7985, 8062, 8063, 8068, 8069, 8070, 8071, 8072, 8073, 8087, and 8088, in the amount of $5,861,067.93, with no exceptions. Motion carried. Councilman Davis abstained. I Payroll Warrant Register No. 310 - Covering claims and demands presented during the period August 8, 1982 - September 18, 1982, vlhich includes Demand Nos. 3562-3586, (both inclusive) drawn on the Crocker National Bank, totaling $865,444.85, (Accounting period September 1982) was examined and audited. It was moved by Ybarra, seconded by Davis that Warrant Register No. 310 be approved and payment authorized for Demand Nos. 3562-3586 (both inclusive), in the amount of $865,444.85, with no exceptions. Motion carried. Communication from Mrs~ Genevieve Anderson, dated October 7, 1982, conveying her thanks and appreciation to the City of Vernon for naming a street in her and Mr. Anderson's honor, was presented. It was moved by Ybarra, seconded by Davis, that the communication from Mrs. Anderson be received and filed. Motion carried. Communication from Pauline Brockman, City Clerk of the City of Roseville, dated October 6, 1982, transmitting Resolut- ion No, 82-119 ~ Resolution of the City of Roseville Opposing The Merger Of The Union Pacific, Western Pacific And Missouri Pacific Railroads, and asking that we take similar action, was presented. It was moved by Gonzales, seconded by Davis, that the communnication and Resolution from Pauline Brockman, City Clerk of the City of Roseville, be received and filed. Motion carried. Health Department Report for the month of September, 1982, was presented. It was moved by Ybarra, seconded by Gonzales, that the Health Department Report for the month of September, 1982 be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated October 20, 1982, transmitting the minutes of the Finance Committee Meeting held October 12, 1982, for approval of recommendations contained therein, was presented. I It was moved by Davis,seconded by Gonzales, that the minutes of the Finance Committee Meeting, held October 12, 1982, be approved as written and recommendations contained therein be adopted. Motion carried. Communication from Lewis R. Adams, Director of Water, dated October 14, 1982, submitting the 1982-83 In-Lieu Replen- ishment Agreement for approval and execution, was presented. RESOLUTION NO. 4950 - A Resolution of the City Council of the City of Vernon Approving The Execution Of An In Lieu Re- plenishment Agreement Among The City of Vernon, The Central And West Basin Water Replenishment District And The Central Basin Municipal Water District, was presented. 7'52 (3) 10/26/82 It was moved by Ybarra, seconded by Davis, that the In Lieu Replenishment Agreement be received and filed, and that Resolution No. 4950 be approved and adopted. Motion carried. AYES: NOES: Absent: Ybarra, Davis, Malburg, Gonzales None McCormick I At 5:10 p.m., Councilman McCormick assumed his seat on the council. Communication from David B. Brearley, dated October 13, 1982, transmitting a letter dated October 8, 1982, from Joseph F. Young, Manager of the Rate and Valuation Department of South- ern California Water Company and a copy of Application No. NOI- 77-W filed with the California Public Utilities Commission by Southern California Water Company, for review of same, was pre- sented. It was moved by Ybarra, seconded by Davis, that the letter from Joseph F: Young, and the copy of Application No. NOI- 77-W be received and filed. Motion carried. Police Department Activity Log for the period October 1-15,1982, was presented. It was moved by Gonzales, seconded by Ybarra, that the Police Department Activity Log for the period October 1-15, 1982, be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Administrat- or/City Clerk, dated October 20, 1982, transmitting the Agreement for the administration of a self insurance program between the City of Vernon and CAS, Inc. for the period July 1, 1982, through June 30, 1983 and recommending said agreement be executed. RESOLUTION NO. 4951 - 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 CAS Associates, Inc. Providing For Self-Insured Claims Administration Services, was presented. It was moved by Ybarra, seconded by Davis that Resolution No. 4951 be approved and adopted. Motion carried. I AYES: NOES: Absent: Ybarra, Davis, Malburg, Gonzales, McCormick None None Communication from Bruce V. Malkenhorst, City Administrat or/City Clerk, dated October 26, 1982, transmitting a letter~re- port from Victor Vaits, dated October 18, 1982 and recommending that a variance from the 1979 Uniform Building Code be granted to Four All Seasons Catering, to construct a 9'8" x 17'6" walk-in cooler, was presented. It was moved by Davis, seconded by Ybarra, that the letter-report from Victor Vaits, Deputy Director Community Ser- vices, dated October 18, 1982 be received and filed and that the City Council hereby finds and determines that the variance from the 1979 Uniform Building Code be granted to Four All Seasons Catering, located at 4828 Santa Fe Avenue for the following reasons: 1. It is planned to adopted the 1982 Edition of the Uni- form Building Code in the near future and the proposed construction without sprinkler protection will be acceptable under the 1982 code. 2. No additional fire hazard will be introduced in the area as a result of the cooler construction. Motion carried. 753 (4) 10/26/82 , Communication from Bobby Gene Emrick, dated October 20, 1982, conveying his gratitude and appreciation for the excellent treatment accorded him during his twenty-nine years employment with the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that the communication from Bobby Gene Emrick be received and filed. Motion carried. I Communication from Bruce V. Malkenhorst, City Adminis- trator/City Clerk, dated October 21, 1982, recommending that the claim submitted by attorneys Adel and Pollack in behalf of Mr. William R. Brines for an accident which occured on July 20, 1982 at 27th St. and Santa Fe Avenue, be denied, was presented. It was moved by Ybarra, seconded by Gonzales, that the recommendation of the City Administrator/City Clerk be approved, and that the claim submitted by attorney Adel and Pollack in behalf of William R. Brines be denied and the claim be referred to the insurance adjuster. Motion carried. Communication from Bruce V. Malkenhorst, City Adminis- trator/City Clerk, dated October 21, 1982, advising that the Energy Coast Adjustment Billing Factor for the next three months period, is a minus 0.199C per kilowatt hour, was presented. RESOLUTION NO. 4952 - A Resolution of the City Council of the City of Vernon Changing The Energy Cost Adjustment Bill- ing Factor Charged For Electrical Energy Distributed And Supplied To Its Electrical Consumers, was presented. It was moved Gonzales, seconded by McCormick, that Resolution No. 4952 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, McCormick, Malburg, Davis, Gonzales None None Communication from Bruce V. Malkenhorst, Director of Personnel, dated October 25, 1982, recommending the following personnel actions: 1. Edward Rodriguez be hired as a temporary worker in the Community Services Department with an hourly wage of $4.50, effective October 12, 1982. 2. Officer Brian Smith be given two (2) days suspension for his on-duty accident occurring on September 16, 1982, for which he was found chargeable. I It was moved by Gonzales, seconded by Davis, that the recommendation of the Director of Personnel be approved and that Edward Rodriguez be hired as a temporary worker in the Community Services Department with an hourly wage of $4.50, effective Oct- ober 12, 1982. Motion carried. It was moved by Ybarra, seconded by Davis, that the recommendation of the Director of Personnel be approved and that Officer Brian Smith be given two (2) days suspension for his on- duty accident occurring on September 16, 1982, for which he was found chargeable. Motion carried. Communication from Lewis R. Adams, Director of Water, recommending authority and funds to attend the 1982 AWWA Calif- ornia-Nevada Section Fall Conference, October 27, 1982, in Sacramento with an expense allowance of $133.50, was presented. 754 (5) 10/26/82 It was moved by Ybarra, seconded by Davis, that the recommendation of the Director of Water be approved and a'4t:hority be granted to issue warrant to Lewis R. Adams, in the amount of $133.50 to attend the 1982 AWWA California-Nevada Section Fall Conference in Sacramento. Motion carried. I ORDINANCE NO. 93l-An Ordinance of the City Council of the City of Vernon, California 1959, By Amending Sections 15.8, 15.9, 15.27, 15.28, 15.29, 15.30, 15.31, 15.32, 15.33, 15.35, 15.42, 15.44, 15.45, 15.46 and 15.47 Of Said Code Regarding Licenses For The Purpose Of Revenue And Regulation Of Certain Kinds Of Businesses Authorized By Law And Carried On In The City Of Vernon, Including Shows, Exhibitions And Lawful Games; To Fix And Establish Their Rates Of License Taxes And To Provide For Their Collection By Suit Or Otherwise; Prescribing Penalties For The Violation Of An Provisions Of This Ordinance, And Repealing All Ordinances And Parts of Ordinances In Conflict Therewith, Specifically Ordinance Nos. 868, 871, 907 and 909, was read by title for a first reading. - It was moved by McCormick, seconded by Ybarra, that Ordinance No. 931 receive and pass a first reading. Motion carried. AYES: NOES: Absent: McCormick, Ybarra, Malburg, Davis, Gonzales None None Communication from Bruce V. Malkenhorst, City Admini- strator/City Clerk, dated October 26, 1982, transmitting a letter- report from Victor Vaits, Deputy Director Community Services, dat- ed October 18, 1982, and recommending that a variance be granted to Kitty Queen Pet Foods, Inc., from Vernon Parking Ordinance No. 801. Sections 2.2 and 3.1, with the understanding that no trucks longer than 35 feet will be used and that any violation in the proposed use will result in immediate cancelation of the variance, was presented. I It was moved by Davis, seconded by Ybarra, that the letter report from Victor Vaits, Deputy Director Community Services, dated October 18, 1982 be received and filed and that the City Council hereby finds and determines that the variance from the Vernon Parking Ordinance No. 801., Sections 2.2 and 3.1, be grant- ed to Kitty Queen Pet Foods, Inc., located at 4601 Downey Road, for the following reasons: 1. No additional parking problems will be introduced in the area as a result of the proposed construction. 2. No existing parking spaces will be eliminated. 3. By limiting the size of trucks to 35 feet maximum, the traffic flow and safety on Downey Road will be improved Motion carried. Communication from Bruce V. Malkenhorst, City Admini- strator/City Clerk, dated October 26, 1982, recommending author- ity to contribute funds not to exceed $250.00 for the purpose of purchasing soft drinks, ice cream and popcorn to be given to Vernon City Elementary School for their Halloween Festival being held, October 29, 1982, was presented. It was moved by Ybarra, seconded by Gonzales, that the recommendation of the City Administrator/City Clerk be approved, and that authority be granted to contribute funds not to exceed $250.00 for the purchase of soft drinks, ice cream and popcorn to be given to Vernon City Elementary School for their Halloween Festival being held October 29, 1982. Motion carried. 755 (6) 10/26/82 Communication from James Lau, owner of The Rackett's II, dated October 12, 1982, requesting a temporary entertainment permit, to hold a Halloween dance with a live band, one night only, Friday, October 29, 1982, was presented. It was moved by Ybarra, seconded by Gonzales, that the communication from James Lau be deferred until after the recess. Motion carried. I Notice of Pacific Telephone's application to increase and reduce rates and establish new rates and of public witness hearing, was presented. It was moved by Gonzales, seconded by Davis, that the notice of Pacific Telephone's application to increase and reduce rates and establish new rates and of public witness hearing, be received and filed. Motion carried. At 6:30 p.m., the Mayor declared a recess. At 6:55 p.m., the City Council reconvened in regular session, all members present before the recess, again being present. Communication from James Lau, owner of The Rackett's II, dated October 12, 1982, requesting a temporary entertainment per- mit, to hold a Halloween dance with a live band, one night only, Friday, October 29, 1982, was presented. It was moved by Ybarra, seconded by Gonzales, that a temporary entertainment permit be granted to Rackett's II, for one night only, Friday, October 29, 1982, based on their com- pliance with Chapter 9, Section 9.3. subsection (a), of the Vernon City Code. Motion carried. At 7:05 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 the City Attorney were excluded from the executive session. Mayor Malburg declared all communications to and from the executive session deemed private and confidental. At 8:15 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. I The City Attorney recommended that the City of Vernon dismiss the cross complaint of the City of Vernon and J. A. Miller against American City Bank, Otto Seeman and Karen A. Allen in consideration for the dismissal of the cross complaint against the City of Vernon and J. A. Miller, filed by American City Bank, Otto Seeman and Karen A. Allen. It was moved by Ybarra, seconded by McCormick, that the City Attorney be authorized to file a dismissal of the cross com- plaint in accordance with his recommendation. Motion carried. 7.~6 (7) 10/26/82 There being no further business to come before the City Council, it was moved by Ybarra, seconded by McCormick, that the meeting be adjourned. Motion carried. I ~2' -- L O~IS C . MALBURG , ,Mayor ATTEST: ~/4/~ BRUCE V. MALKENHORST, City Administrator/ City Clerk I 757 I ORDER OF ADJOUR~~NT OF MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON I hereby certify that a regular meeting of the City Council of the City of Vernon, held Tuesday, October 19 1982 in the Council Chamber of the City Hall, located at 4305 Santa Fe Avenue, Vernon, California, was adjourned by Order of not the City Council (quorum present) until Tuesday , October 26, 19 82, at 4: 45 P.M., in the Council"Cham.ber of the City Hall, located at 4305 Santa Fe Avenue, Vernon, California. ~ I/' 177J-k-ibLJ BRUCE V. MALKENHORST City Administrator/City Clerk I I ..,;J )'1 AFFIDAVIT OF POSTING State of California ) County of.Los Angeles) SS City of Vernon ) I, BRUCE V. l~LKENHORST, City Clerk of the City of Vernon, do hereby certify that I did, on the 19th day of October, 1982 , at 2:00 P.M. ,post order of adjournment of the regular City Council iie.eti~g of the City of Vernon, copy attached hereto, at a conspicuous place on or near the door of the place at which said to be meeting ofOctQQer 19, 1982 , was held. BRUCE V. MALKENHORST Subscribed and sworn to before me this 26th day of October , 19 82. 4~c9;/~ Notary Public in and for the County of Los Angeles, State of California FEiCIAL SEA lOIS J Hllm~ NOTARY PU8l1C . C)\tf~ORNla LOS ANGElES C(lUNTY .) , totIlm. expires ~ .&.}~ 11M K~, Vet'mm,. ~