19860610 Regular City Council Meeting - Minutes
MINUTES OF AN ADJOURNED CITY COUNCIL MEETING
-HELD JUNE 10, 1986, AT 4:45 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Ybarra, Davis, Gonzales, McCormick
MEMBERS ABSENT: Malburg
The meeting was called to order by Mayor Pro-Tern Ybarra.
It was moved by Davis, seconded by Ybarra, that the minutes
of the Adjourned Regular City Council Meeting held June 3, 1986,
be approved. Motion carried.
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ORDINANCE NO. 961 - An Ordinance of the City Council of
the City of Vernon, Amending the Code of the City of Vernon, 1959
by Amending Section 13.6 of Chapter 13 and Adding Article IV to
Chapter 13 Establishing a Hazardous Materials Monitoring Program,
Providing for the Establishment of Fees Therefore, Providing for
Penalties of the Violation of any provision of This Ordinance and
Repealing all Ordinances or Parts of Ordinances in Conflict
Therewith, was revised and read by title for a first reading.
It was moved by Gonzales, seconded by Davis, that Ordinance
No. 961 be receive and pass a first reading. Motion carried.
AYES:
NOES:
ABSENT:
Ybarra, Davis, Gonzales, McCormick
None
Malburg
ORDINANCE NO. 962 - An Ordinance of the City Council of
the City of Vernon, California, Calling, Providing for and Giving
Notice of a Special Municipal Election to be Held in Said City on
Tuesday, August 12, 1986 for the Purpose of Submitting to the
Qualified Voters of Said City a Proposition for the Issuance
of General Obligations Bonds by Said City and Repealing All
Ordinances in Conflict Therewith, Specially Ordinance No. 960,
was read by title for a second and final reading.
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 962 be deferred until the latter part of the
meeting. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 4, 1986, was presented, advising that interviews were held
for the purpose of selecting Bond Counsel with regard to the Bear
Butte Hydroelectric Project Bond Financing with the following
firms (Orrick Herrington & Sutcliff; O'Melveny & Meyers; and Mudge
Rose Guthrie Alexander & Ferdon). It is hereby recommended that
Mudge Rose Guthrie Alexander & Ferdon be retained as bond counsel
for said project.
I
It was moved by Gonzales, seconded by Davis, that the comm-
inication from the City Clerk recommending that Mudge Rose
Guthrie Alexander & Ferdon be retained as bond counsel be
approved. Motion carried.
RESOLUTION NO. 5287 - A Resolution of The City Council of
the City of Vernon to Join With Certain Other Cities for
Insurance and Risk Management Purposes, was presented.
It was moved by Davis, seconded by McCormick, that
Resolution No. 5287 be approved and adopted. Motion carried.
RESOLUTION NO. 5288 - A Resolution of the City Council of
the City of Vernon Approving Amendment to the Joint Exercise of
Powers Agreement for Insurance and Risk Management Purposes, was
presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5288 be approved and adopted. Motion carried.
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City Council Minutes
Page 2
June 10, 1986
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 5, 1986, was presented, advising that a request from Viking
Freight System Inc., located at 4500 Bandini Blvd., for an exten-
sion of their trailer permit to the end of November, 1986. This
request has been reviewed by the Director of the Community Ser-
vices Department and it is hereby recommended that the extension
for a temporary trailer permit be approved to November 30, 1986
contingent that no further extension be granted.
I
It was moved by McCormick, seconded by Davis, that the rec-
commendation of the City Clerk be approved extending the temp-
orary trailer permit Viking Feight System Inc., to the end of
November, 1986 contingent that no further extension be granted.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 5, 1986, was presented, requesting authority and funds for
himself, and Councilmen Thomas Ybarra, William Davis, and Michael
McCormick to attend the League of California Cities' Mayors &
Councilmembers Executive Forum, to be held July 22 thru 25, in
Monterey, California with an expense allowance of $699.50 each.
It was moved by Gonzales, seconded by Davis, that authority
be granted for Bruce V. Malkenhorst, and Councilmen Thomas
Ybarra, William Davis, and Michael McCormick, to attend the
League of California Cities' Mayors & Councilmembers Executive
Forum, on July 22 thru 25, 1986, in Monterey, California with an
expense allowance of $699.50. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 9, 1986, was presented, advising that a request from Mr.
Donald T. Leahy, owner of the property located at 4825 District
Boulevard, for a variance from the Vernon City Code, Section 7.52;
truck loading space required. The building has a 24 foot deep,
and 50 foot wide loading dock, and the code requires a minimum 65
foot deep dock. This request has been reviewed by the Director of
Community Services and it is hereby recommended that said variance
be granted upon the following conditions:
1. Only vehicles under 24 feet may use the dock.
2. The sidewalk along District Boulevard and the Street
itself will never by encroached upon
It was moved by McCormick, seconded by Davis, that the rec-
commendation of the City Clerk be approved and that a variance
from Section 7.52, truck loading space requirement, of the Vernon
City Code be granted to Donald T. Leahy contingent upon the
above conditions. Motion carried.
I
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 9, 1986, was presented, advising that the current Animal
Control Contract With Southeast Area Animal Control Authority
expires June 30, 1986, and recommending that the said contract be
renewed for the period of July I, 1986 to June 30, 1987, with the
same services and a fee increase of 6%, and that the Mayor and
City Clerk be authorized to execute said amendment on behalf of
the City.
It was moved by Gonzales, seconded by Davis, that the comm-
unication of the City Clerk regarding the renewal of the current
Control Contract with Southeast Area Animal Control Authority be
approved and that the Mayor and City Clerk be authorized to
execute said amendment. Motion carried.
RESOLUTION NO. 5289 - A Resolution of the City Council of
the City of Vernon Establishing Dog License Fee and Approving
the Renewal of the Animal Control Contract with Southeast
Area Animal Control Authority ("SEAACA") for an additional year,
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City Council Minutes
Page 3
June 10, 1986
July 1, 1986 to June 30, 1987, and Authorizing the Execution of
an Amendment of Said Agreement, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5289 be approved and adopted. Motion carried.
I
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 5, 1986, was presented, requesting authority and funds for
Kevin Wilson, a Civil Engineer Associate with the Community
Services Department and Jorge Somoano, a Engineering Aide with
the Light & Power Department, to attend the Grindstone Canyon Dam
Tour & Roller Compacted Concrete Course to be held on June 12 and
13, 1986 in Ruidoso, New Mexico with an expense allowance of $368
each.
It was moved by Davis, seconded by Gonzales, that authority
be granted to issue a warrant to Kevin Wilson and Jorge Somoano
in the amount of $368 each to attend the Grindstone Canyon Dam
Tour & Roller Compacted Concrete Course to be held June 12
and 13, 1986 in Ruidoso, New Mexico. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 9, 1986, was presented, requesting authority and funds for
himself and Councilman Larry Gonzales, to attend the Independent
Cities Association 26th Annual Seminar to be held on July 9, thru
12, 1986, in Escondido, California with an expense allowance of
$520 each.
It was moved by Davis, seconded by McCormick, that authority
be granted to Bruce V. Malkenhorst, and Councilman Larry Gonzales
to attend the Independent Cities Association 26th Annual Seminar
to be held July 9 thru 12, 1986, in Escondido, California with
an expense allowance of $520 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 9, 1986, was presented, requesting authority and funds for
Councilmen Thomas Ybarra, William Davis, William McCormick, and
Leonis Malburg, and City Attorney David Brearley, to attend the
Independent Cities 26th Annual Seminar to be held on July 9 thru
12, 1986, in Escondido, California with an expense allowance of
$880 each.
It was moved by Gonzales, seconded by Davis, that authority
be granted for Councilmen Thomas Ybarra, William Davis, William
McCormick, and Leonis Malburg, and City Attorney David Brearley,
to attend the Independent Cities 26th Annual Seminar to be held
July 9 thru 12, 1986, in Escondido, California with an expense
allowance of $880 each.
I
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 9, 1986, was presented, requesting that a two-bedroom suite
be rented at the Independent Cities Association 26th Annual
Seminar in Escondido to be used as a Hospitality suite and to
also accommodate himself and Councilman Larry Gonzales, at an
approximate cost of $1220.
It was moved by Davis, seconded by Gonzales, that a two
bedroom suite be rented at the Independent Cities Association
26th Annual Seminar in Escondido, to be utilized as a hospitality
suite and to accomodate Messrs. Bruce V. Malkenhorst and Larry
Gonzales at an approximate cost of $1220. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 9, 1986, was presented, recommending that funds in the
amount of $600 be allowed to furnish refreshments in the hospi-
tality suite during the 26th Annual Independent Cities Seminar in
Escondido.
It was moved by McCormick, seconded by Gonzales, that the
communication from the City Clerk regarding the furnishing of
refreshments in the hospitality suite during the 26th Annual
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City Council Minutes
Page 4
June 10, 1986
Independent Cities Seminar in the amount of $600 be approved.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 10, 1986, was presented, advising that based upon the recom-
mendation of our consultant Eric T. Fresch and upon the receipt
of a completed proposal from J.J. Lowery & Company, Inc., it is
hereby recommended that J.J. Lowery & Company, Inc., be retained
as financial advisors for the upcoming Hydroelectric Project.
It was moved by Gonzales, seconded by McCormick, that the
communication from the City Clerk recommending that J.J. Lowery
& Company Inc., be retained as financial advisors for the
upcoming Hydroelectric Project.
I
It was moved by Gonzales, seconded by Davis, that there be
a short recess, the time being 5:15 P.M. Motion carried.
The City Council reconvened to Regular Session all members
present before recess again being present, the time being
6:12 P.M.
ORDINANCE NO. 962 - An Ordinance of the City Council of
the City of Vernon, California, Calling, Providing for and Giving
Notice of a Special Municipal Election to be Held in Said City on
Tuesday, August 12, 1986 for the Purpose of Submitting to the
Qualified Voters of Said City a Proposition for the Issuance of
General Obligations Bonds By Said City and Repealing All
Ordinances in Conflict Therewith, Specially Ordinance No. 960,
was read by title for a second and final reading.
It was moved by Gonzales, seconded by McCormick, that
Ordinance No. 962 receive and pass a second and final reading
and be adopted. . Motion carried.
AYES:
NOES:
ABSENT:
Ybarra, Davis, Gonzales, McCormick
None
Malburg
I
Communication from Bruce V. Malkenhorst, City Clerk, dated
June 10, 1986, was presented, advising that the opinion of
Mr. Watson of the law firm of Richard, Watson Dreyfuss and Gershon
as to the legality of the city providing the councilmembers a
salary commensurate of a city with a population of 75,000 if it
was put to a vote of the electors of the City of Vernon, is per-
missible. In addition we also requested the legal opinion with
respect to the Gann Fair Pay Amendment which will be on the
November 4, 1986 general election ballot as to whether the elect-
orate may prospectively, by initiative adjust the salaries of
appointed employees in excess of the 80% compensation limitation
proposed to be established by Gann, and authorize the city council
to make subsequent adjustments which would be legally effective.
It is hereby recommended that both these items be placed on the
special election ballot of August 12, 1986.
It was moved by Gonzales, seconded by Davis, that the comm-
unication from the City Clerk advising of the opinion of Mr.
Watson of the law firm Richard, Watson Dreyfuss and Gershon be
received and filed, and that his said two recommendations be
placed on the special election ballot of August 12, 1986.
Motion carried.
RESOLUTION NO. 5291 - A Resolution of the City Council of
the City of Vernon, California, Calling and Giving Notice of the
Holding of a Special Municipal Election to be held in Consoli-
dation with the Special Municipal Election to be held in said
City on Tuesday, the 12th Day of August, 1986, for the Submission
to the Questions Relating to Salaries and Compensation for
Certain Elected and Appointed Officers and Certain Employees of
Said City, was presented.
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City Council Minutes
page 5
June 10, 1986
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5291 be approved and 'adopted. Motion carried.
RESOLUTION NO. 5290 - A Resolution of the City Council
of the City of Vernon, California, Confirming the Calling of a
Special Municipal Election to be Held in Said City on August 12,
1986; and Providing for Preparation of Written Material Con-
cerning the Propositions to be Considered at Such Election.
It was moved by McCormick, seconded by Davis, that
Resolution No. 5290 be approved and adopted. Motion carried.
I
There being no further business to come before the Council
it was moved by McCormick, seconded by Davis, that the meeting
adjourn.
~Ctfk~
homas A. Ybarra
Mayor Pro-Tern
ATTEST:
(' / ,//
/ _- [/;A~J~~
Bruce V. Malkenhorst
City Clerk
I
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