19921110 Regular City Council Meeting - Minutes
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MINUTES OF THE ADJOURNED CITY COUNCIL
MEETING HELD NOVEMBER 10, 1992 AT
5 P.M. IN THE COUNCIL CHAMBERS OF THE
CITY HALL LOCATED AT 4305 SANTA FE
AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Davis, Gonzales, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
Minutes of the Adjourned City Council Meeting held
October 29, 1992. (Deferred from the City Council Meeting held
November 3, 1992.)
David B. Brearley, City Attorney, advised Mayor
Malburg that he should abstain from voting on this matter due to
his involvement with Central Basin Municipal Water District
because these minutes concern the Hearing held on the appeal of
the Southern California Gas Company.
It was moved by Gonzales, seconded by McCormick, that
the minutes of the Adjourned City Council Meeting held October
29, 1992, be approved and adopted. Motion carried. Mayor
Malburg abstained.
It was moved by Ybarra, seconded by Davis, that the
minutes of the City Council Meeting held November 3, 1992, be
deferred to the next City Council Meeting. Motion carried.
At this time, the City Attorney advised the Mayor
that he should excuse himself from chairing the meeting due to
his involvement with Central Basin Municipal Water District and
that the Mayor Pro Tern should continue to preside over the
meeting.
The Mayor, at 5:16 p.m., excused himself and turned
the gavel over to Mayor Pro Tern Ybarra to chair the meeting.
The Mayor took a seat in the audience.
The City Clerk suggested to the Mayor Pro Tem that
all Department Heads be excused with the exception of victor H.
Vaits, Director of Community Services.
The Mayor Pro Tern excused all Department Heads except
victor H. Vaits.
The City Clerk announced that this was the time for
consideration of Southern California Gas Company's appeal,
submitted on October 1, 1992, regarding its application for an
Encroachment Permit filed May
28, 1992.
The Mayor Pro Tem asked the City Attorney if he had
any further comments or recommendations.
The City Attorney referred to his communication dated
November 9, 1992 and indicated that he had submitted a proposed
Resolution No. 6180 with proposed Findings of Fact and
Conclusions of Law, and a proposed Notice of Rescission and Offer
to Restore, and suggested that the city Council take a short
recess to further evaluate these documents.
The Council was in concurrence with the City
Attorney's suggestion and the Mayor Pro Tern declared a recess at
5:19 p.m.
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Adjourned City Council Meeting Minutes
page 2
November 10, 1992
The City Council reconvened in regular session at
5:50 p.m., all members present before the recess again being
present.
The City Attorney further summarized for the city
Council his letter of November 9, 1992, containing his legal
opinion and advised the City Council that at this time the
following issues are before them for their decision:
1. As of the date of the appeal the Gas Company's
application and required drawings were not complete.
2. The Water Company is a government agency and
should have a priority over a private company.
3. The Water Company's plans were submitted prior to
the Gas Company's plans.
4. Consideration for the rescission of the Gas
Company Franchise.
The Mayor Pro Tem called a recess at 6 p.m.
The Council reconvened in regular session at 6:10
p.m., all members present before the recess again being present.
Councilman Gonzales asked the City Attorney to go
over the points again.
The City Attorney advised that this is only a
proposal for their consideration and it is the City Council's
discretion to proceed in the manner that would be in the best
interest of the City.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Attorney dated November 9, 1992, be
received and filed. Motion carried.
It was moved by McCormick, seconded by Davis, that
the Transcript and Correction Letter from the City Attorney dated
November 9, 1992, be received and filed. Motion carried
With reference to proposed Resolution No. 6180 the
City Attorney advised that a correction should be made to Page 1,
Line 28 "City Engineer" should read "Civil Engineer."
It was moved by Gonzales, seconded by Davis, that
based on the information provided during the original Hearing and
as summarized tonight, that Resolution No. 6180 be approved and
adopted. Motion carried.
The Mayor Pro Tem called a recess at 6:20 p.m.
The Council reconvened in regular session at 6:22
p.m., all members before the recess again being present.
The Mayor resumed his seat on the City Council and
chaired the meeting.
There being no further business to come before the
City Council at this time, it was moved by McCormick, seconded by
Davis, that the meeting adjourn. Motion carried.
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..---; Leonis C. Ma burg,
ATTEST:
Bruce V.
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