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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. I 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. 01313 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, 01314 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 01315 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. 01316 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 01317