19910416 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD APRIL 16,
1991 AT 4:45 P.M. IN THE COUNCIL
CHAMBERS OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick, Davis
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Ybarra, seconded by Gonzales, that the
minutes of the City Council Meeting held April 2, 1991, be approved
as submitted and adopted. Motion carried.
At this time Mayor Malburg presented a Service pin to
Mayor Pro Tem Thomas A. Ybarra for his 25 years of service to the
City.
The Mayor called a short recess at 5:15 p.m.
The Council reconvened at 5:17 p.m. all members present
before the recess again being present.
Police Department Activity Log for the period April 1 thru
15, 1991, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period April 1 thru 15, 1991,
be received and filed. Motion carried.
Fire Department Activity Report for the period April 1
thru 15, 1991, was presented.
It was moved by Gonzales, seconded by Ybarra, that the
Fire Department Activity Report for the period April 1 thru 15, 1991,
be received and filed. Motion carried. .
Health Department Report for the month of March, 1991, was
presented.
It was moved by Davis, seconded by Ybarra, that the Health
Department Report for the month of March, 1991, be received and
filed. Motion carried.
Risk Management Report for the month of March, 1991, was
presented.
It was moved by Ybarra, seconded by Davis, that the Risk
Management Report for the month of March, 1991, be received and
filed. Motion carried.
At this time, the Mayor asked if there was anyone in the
audience who wished to address the Council on any matters listed on
the Agenda other than with regard to any Public Hearings that may be
listed.
There was no one present in the audience who wished to
address the City Council on any matter on the Agenda at this time.
Communication from Fire Chief Larry Spadt, dated March 26,
1991, was presented, requesting authority and funds to attend the
California Fire Administration Conference in Modesto, May 6-10, 1991,
with an expense allowance of $750.
It was moved by McCormick, seconded by Gonzales, that
authority be granted for Fire Chief Larry Spadt to attend the
California Fire Administration Conference in Modesto, May 6-10, 1991,
with an expense allowance of $750. Motion carried.
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Communication from Bruce V. Malkenhorst, City Clerk, dated
March 27, 1991, was presented, requesting authority and funds for
Administrative Aide Christopher Romero to attend the 14th Annual
Municipal Management Assistants of Southern California Conference in
Palm Springs, June 6-8, 1991, with an expense allowance of $418.00.
It was moved by Ybarra, seconded by Davis, that authority
be granted for Christopher Romero to attend the 14th Annual Municipal
Management Assistants of Southern California Conference in Palm
Springs, June 6-8, 1991, with an expense allowance of $418.00.
Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
March 27, 1991, was presented, requesting authority and funds for Lt.
Les Brown and Sgt. Tom Igyarto to attend the California Association
of Labor Relations Officers Training Seminar in Palm Springs, May 16-
18, 1991, with an expense allowance of $325.25 and $393.45 each
respectively.
It was moved by Davis, seconded by Ybarra, that authority
be granted for Lt. Les Brown and Sgt. Tom Igyarto to attend the
California Association of Labor Relations Officers Training Seminar
in Palm Springs, May 16-18, 1991, with an expense allowance of
$325.25 and $393.45 each respectively. Motion carried.
Communication from Louis Rosenkrantz, Police Chief, dated
March 28, 1991, was presented, requesting authority and funds to
attend the L.A. County Chief's Executive Seminar in Palm Springs, May
29-31, 1991, with an expense allowance of $359.85 of which $285.00
will be reimbursed by POST.
It was moved by Davis, seconded by McCormick, that
authority be granted for Chief Louis Rosenkrantz to attend the L.A.
County Chief's Executive Seminar in Palm Springs, May 29-31, 1991,
with an expense allowance of $359.85. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
April 1, 1991, was presented, requesting authority and funds for Joan
Francone, Risk Manager, to attend the Additional Insureds/Certifi-
cates of Insurance Seminar in Sherman Oaks, May 15, 1991, with an
expense allowance of $147.60.
It was moved by Ybarra, seconded by McCormick, that
authority be granted for Joan Francone to attend the Additional
Insureds/Certificates of Insurance Seminar in Sherman Oaks, May 15,
1991, with an expense allowance of $147.60. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
April 2, 1991, was presented, requesting authority and funds for
Captain James Mason to attend the National Law Enforcement
Intelligence Training Seminar in Albuquerque, New Mexico, May 14-17,
1991 with an expense allowance of $773.52.
It was moved by Davis, seconded by McCormick, that
authority be granted for Captain James Mason to attend the National
Law Enforcement Intelligence Training Seminar in Albuquerque, New
Mexico, May 14-17, 1991, with an expense allowance of $773.52.
Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
April 2, 1991, was presented, requesting authority and funds for Lt.
Bruce Olson to attend the Criminal Investigation Management Course at
Cal Poly Pomona, May 28-31, 1991, with an expense allowance of
$354.84, of which $318.80 will be reimbursed by POST.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Lt. Bruce Olson to attend the Criminal
Investigation Management Course at Cal Poly Pomona, May 28-31, 1991,
with an expense allowance of $354.84. Motion carried.
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Communication from Police Chief Louis Rosenkrantz, dated
April 3, 1991, was presented, requesting authority and funds for
Police Officers Jeffrey Bullock and Nathan Allen to attend the Orange
County Sheriff's Department Lazer Village at the Orange County
Sheriff's Training Center, April 25, 1991, with an expense allowance
of $93.50 each of which $91.00 will be reimbursed by POST.
It was moved by McCormick, seconded by Davis, that
authority be granted for Police Officers Jeffrey Bullock and Nathan
Allen to attend the Orange County Sheriff's Department Lazer Village
at the Orange County Sheriff's Training Center, April 25, 1991, with
an expense allowance of $93.50 each. Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
April 3, 1991, was presented, requesting authority and funds for
Police Officer Rex Hill to attend the Fingerprint Tracing Techniques
Program at the West Covina Police Department, April 15-18, 1991, with
an expense allowance of $100.96.
It was moved by Gonzales, seconded by Ybarra, that
authority be granted for Police Officer Rex Hill to attend the
Fingerprint Tracing Techniques Program at the West Covina Police
Department, April 15-18, 1991, with an expense allowance of $100.96.
Motion carried.
Communication from Police Chief Louis Rosenkrantz, dated
April 3, 1991, was presented, requesting authority and funds for
Police Officers Christian Moscoso and David Guy to attend the
Fingerprint Tracing Techniques Program at the Torrance Police
Department, May 21-24, 1991, with an expense allowance of $114.40
each.
It was moved by McCormick, seconded by Davis, that
authority be granted for Police Officers Christian Moscoso and David
Guy to attend the Fingerprint Tracing Techniques Program at the
Torrance Police Department, May 21-24, 1991, with an expense
allowance of $114.40 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
April 8, 1991, was presented, advising that Lubricating Specialties
Company is requesting an extension of their permit for a temporary
office trailer at 3365 Slauson Avenue. The construction of their new
facility is only approximately 30% complete, and it is hereby
recommended that said extension be granted to April 4, 1992.
It was moved by Gonzales, seconded by Ybarra, to extend
the permit for a temporary office trailer for Lubricating Specialties
Company to April 4, 1992. Motion carried.
Communication from Norman MiChiels, Director of
Environmental Health, dated April 8, 1991, was presented, requesting
authority and funds for James Wilcox, Environmental Specialist, to
attend a Process Safety Management Seminar for Regulatory Personnel
at the ARCO Refinery in Carson, April 22-23, 1991, with an expense
allowance of $220.
It was moved by McCormick, seconded by Ybarra, that
authority be granted for James wilcox to attend a Process Safety
Management Seminar for Regulatory Personnel at the ARCO Refinery in
Carson, April 22-23, 1991, with an expense allowance of $220. Motion
carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
April 8, 1991, was presented, requesting authority and funds for
utility Clerk Ana Seeley to attend the Introduction to Workers'
Compensation Workshop in Newport Beach, May 6, 1991, with an expense
allowance of $147.
It was moved by Davis, seconded by Gonzales, that
authority be granted for Ana Seeley to attend the Introduction to
Workers' Compensation Workshop in Newport Beach, May 6, 1991, with
expense allowance of $147. Motion carried.
an
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Communication from Bruce V. Malkenhorst, City Clerk, dated
April 9, 1991, was presented, advising that the City entered into an
agreement to lease 59 acre-feet of water rights from Darling-Delaware
Company for $95 per acre-foot. Darling-Delaware underestimated their
water requirements and are requesting to lease back from Vernon 5
acre-feet, and it is hereby recommended that 5 acre-feet of water be
leased back to Darling-Delaware Company for $95 per acre-foot.
It was moved by Gonzales, seconded by Davis, that the
Communication from the City Clerk dated April 9, 1991 be received and
filed and that his recommendation be approved. Motion carried.
RESOLUTION NO. 5914 - A Resolution of the city Council
of the City of Vernon Approving and Authorizing the Execution of a
Water Right License and Agreement by and Between the City of Vernon
and Darling-Delaware Co., Inc., Which Authorizes Darling-Delaware To
Extract 5 Acre-Feet of Allowed Pumping Allocation for the Period July
1, 1990 Through June 30, 1991, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 5914 be approved and adopted. Motion carried.
Communication from victor H. Vaits, Director of Community
Services, dated April 10, 1991, was presented, advising that Thomsen
Engineering, Inc. has submitted Parcel Map No. 22364 for Seymour
Owens and Sam and Mary Perricone, for investigation and report in
accordance with the Subdivision Map Act, and transmitting the
following evidence:
1. Print of Parcel Map No. 22364
2. Report on Parcel Map No. 22364
3. Excerpts from the Subdivision Map Act
It is the opinion of the Director of Community Service that this
evidence supports a finding that the proposed parcel map is
consistent with the General Plan as adopted by the City of Vernon;
the State Environmental Quality Act; and the State Subdivision Map
Act. This has been reviewed by the City Attorney and it is hereby
recommended that Parcel Map No. 22364 be approved.
victor Vaits addressed the City Council and briefly
summarized the aforementioned matter for them. Mr. vaits advised the
Council that a Variance was also submitted and is listed further down
on the Agenda, and stated that if it is not approved then the Parcel
Map should not be approved.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the Director of Community Services dated April 10,
1991, be received and filed, and that Parcel Map No. 22364 be
approved contingent upon approval of the Variance. Motion
carried.
Communication from Fire Chief Larry Spadt, dated April 10,
1991, was presented, requesting authority and funds for Captains
James smith and Larry Weaver, and Firefighter David Lazar to attend
the Rescue Practices I - California State Fire Marshal Certified
Course in Ontario, May 6-10, 1991, with an expense allowance of $230
each.
It was moved by McCormick, seconded by Davis, that
authority be granted for Captains James smith and Larry Weaver, and
Firefighter David Lazar to attend the Rescue Practices I - California
State Fire Marshal certified Course in Ontario, May 6-10, 1991, with
an expense allowance of $230 each.
Communication from Bruce V. Malkenhorst, City Clerk, dated
April 11, 1991, was presented, advising that Seymour Owens and Sam
and Mary Perricone, owners of property located at 2955-2965 Vernon
Avenue, have requested a Variance from the 1988 U.B.C., Table No. 17-
A. They are proposing to subdivide an existing building into two !
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separate units, and divide the buildings with an existing four-hour
fire resistive wall constructed on the property line in lieu of
separate fire resistive walls for each building. Each building will
be on an individual lot and the separation wall will be a common
wall. If the Variance is granted, no additional hazards will be
introduced in the area. This has been reviewed by the Director of
Community Services, and it is hereby recommended that the Variance be
granted.
It was moved by Davis, seconded by McCormick, that the
communication from the City Clerk dated April 11, 1991 be received
and filed, and that the Variance be granted to Seymour Owens and Sam
and Mary Perricone for property located at 2955-2965 Vernon Avenue.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
April 11, 1991, was presented, advising that a Computation Report is
being compiled by Kenneth J. DeDario, Director of Light and Power,
which will determine the Energy Cost Adjustment Billing Factor for
the next three month period and will be submitted to the City council
on April 16, 1991. Based on the actual fuel expenses and revenues,
and Southern California Edison Company's forecast of fuel cost for
the next three months, it is hereby recommended that the new factor,
to be announced at this meeting, be adopted effective for all bills
rendered from May 1, 1991.
Mr. DeDario advised the City council that the new factor
was negative $0.02601.
It was moved by Ybarra, seconded by Gonzales, to approve
and adopt a new Energy Cost Adjustment Billing Factor of a negative
$0.02601 for all bills rendered from May 1, 1991. Motion carried.
RESOLUTION NO. 5912 - A Resolution of the City Council of
the City of Vernon Changing the Energy Cost Adjustment Billing Factor
Charged for Electrical Energy Distributed and Supplied to its
Electrical Consumers, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 5912 be approved and adopted. Motion carried.
Communication from Kenneth J. DeDario, Director of Light
and Power, dated April 11, 1991, was presented, requesting authority
and funds to attend the COTP Ad Hoc Senior Management Group Meeting
in San Francisco, May 1-3, 1991, with an expense allowance of
$704.80.
It was moved by Davis, seconded by Ybarra, that authority
be granted for Kenneth J. DeDario to attend the COTP Ad Hoc Senior
Management Group Meeting in San Francisco, May 1-3, 1991, with an
expense allowance of $704.80. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated April 11, 1991, was presented, transmitting the
Minutes of the Adjourned Regular Finance Committee Meeting held April
8, 1991 for approval of the recommendations contained therein.
It was moved by Davis, seconded by McCormick, that the
minutes of the Adjourned Regular Finance Committee Meeting held April
8, 1991, be approved as submitted. Motion carried.
RESOLUTION NO. 5913 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Consulting Agreement By and Between the City of Vernon and Savage
Information Services for Records Management Consulting Services, was
presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 5913 be approved and adopted. Motion carried.
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Communication from Bruce V. Malkenhorst, City Clerk, dated
April 11, 1991, was presented, transmitting a Contract for Services
with Neos Corporation to conduct energy audits for the City, and
recommending that said contract be approved and executed. This has
been reviewed by the Director of Light and Power and the City
Attorney.
It was moved by Gonzales, seconded by Davis, that the
communication from the City Clerk dated April 11, 1991 be received
and filed, and that his recommendation be approved. Motion carried.
RESOLUTION NO. 5910 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of a
Contract for Services By and Between the City of Vernon and Neos
Corporation for Energy Audit Services, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 5910 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk, dated
April 11, 1991, was presented, transmitting a Contract for Gas
Service with the Southern California Gas Company. This contract is
retroactive to February 1, 1991 and will supersede the Contract for
UEG Gas Service executed in May, 1988. This has been reviewed by the
Director of Light and Power and the City Attorney, and it is hereby
recommended that said Contract be approved and executed.
It was moved by Ybarra, seconded by Gonzales, that the
communication from the City Clerk dated April 11, 1991 be received
and filed, and that his recommendation be approved. Motion carried.
RESOLUTION NO. 5911 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution of the
Contract for Gas Service By and Between the City of Vernon and
Southern California Gas Company, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 5911 be approved and adopted. Motion carried.
Communication from Kenneth J. DeDario, Director of Light
and Power, dated April 11, 1991, was presented, requesting authority
and funds for Bob Tang, Assistant Resource Planner, to attend the
"Least Cost" Utility Planning Workshop in San Diego, May 7-8, 1991,
with an expense allowance of $237.50.
It was moved by Ybarra, seconded by Mccormick, that
authority be granted for Bob Tang to attend the "Least Cost" Utility
Planning Workshop in San Diego, May 7-8, 1991, with an expense
allowance of $237.50. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated April 11, 1991, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held April 15, 1991,
for approval of the recommendations contained therein.
It was moved by McCormick, seconded by Gonzales, that the
recommendations listed on the Agenda for the Personnel Committee
Meeting held April 15, 1991, be approved as submitted. Motion
carried.
WARRANT REGISTER NO. 812 covering claims and demands
presented during the period of March 29 thru April 11, 1991, drawn on
the First Interstate Bank totaling $188,749.99, which includes Demand
Nos. 31882 thru 32103 (inclusive), excluding Light & Power Demands
and void Demands as listed below (accounting period April, 1991) was
examined and audited:
31888
31924
31925
32015
31898
31922
31923
It was moved by Davis, seconded by McCormick, that Warrant
Register No. 812 be approved and payment authorized for claims and
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demands totaling $188,749.99 excluding Light & Power Demands. Motion
carried.
WARRANT REGISTER NO. 812 covering claims and demands
presented during the period of March 29 thru April 11, 1991, drawn on
the First Interstate Bank totaling $2,538,156.55, which includes
Light & Power Demand Nos. as listed below (Accounting period April,
1991) was examined and audited:
31882
31883
31885
31886
31887
31892
31894
31895
31903
31914
31926
31932
31935
31936
31940
31944
31946
31947
31949
31953
31958
32069
32072
32073
32074
32075
32080
32089
32090
32092
32094
32103
32039*
*Out of
sequence
31968
31969
31975
31976
31985
31991
31996
31999
32001
32002
32007
32009
32016
32031
32041
32043
32045
32056
32058
32060
32061
It was moved by Ybarra, seconded by Gonzales, that Warrant
Register No. 812 be approved and payment authorized for claims and
demands totaling $2,538,156.55. Motion carried. Councilman Davis
abstained from voting and disqualified himself because it is
reasonably foreseeable that the decision may have a material
financial effect on his source of income.
PAYROLL WARRANT REGISTER NO. 415 covering claims and
demands presented during the period of February 10 thru March 9,
1991, drawn on the First Interstate Bank totaling $1,293,592.73 which
includes Demand Nos. 6062 thru 6088 (inclusive) (accounting period
March, 1991), was examined and audited.
It was moved by Gonzales, seconded by Ybarra, that Payroll
Warrant Register No. 415 be approved and payment authorized for
claims and demands totaling $1,293,592.73. Motion carried.
Consideration of additional positions and increased salary
for personnel in the Light and Power Department. (Deferred from the
Finance Committee Meeting held April 8, 1991.)
It was moved by Ybarra, seconded by Davis, that the
aforementioned matter be referred back to the Finance Committee for
review. Motion carried.
Consideration of settlement in claim of Julio Calleros.
It was moved by Ybarra, seconded by McCormick, that the
aforementioned claim be deferred to Closed Session later this date.
Communication from the City Attorney dated April 16,
1991, was presented, advising that Resolution No. 5907 was adopted on
April 2, 1991 and directed that a "notice inviting sealed bids" for
Contract No. 508, Washington Blvd., Resurfacing, be posted not less
than ten (10) days before the scheduled opening. Inadvertently the
actual "notice" was not posted until April 15, although the
Resolution was posted. The problem was not realized until April 15,
which was beyond the 72 hours allowed to consider the matter for the
this Agenda pursuant to Government Code section 54954.2. In order to
avoid the necessity of rejecting all bids and starting over, the
following actions are recommended:
1. That the Council determine that the need to take
action on this matter arose after the agenda was posted, in
accordance with Government Code section 54954.2, and that it now be
approved by a two thirds majority to be placed on the Agenda for
action by the council;
2. The City Council consider a resolution amending
Resolution 5907, requiring that the "notice" be posted not less than
eight (8) days before the opening of the bids for contract No. 508;
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It was moved by Gonzales, seconded by Davis, that the
Council hereby determines that the need to take action on the
aforementioned matter arose after the agenda was posted, and that
approval be granted for it to be placed on the Agenda. Motion
carried.
Ayes: Malburg, Ybarra, McCormick, Davis, Gonzales
Noes: None
It was moved by Ybarra, seconded by McCormick, that the
communication from the City Attorney dated April 16, 1991 be received
and filed, and that the Council adopt a resolution amending
Resolution 5907, requiring that the "notice" be posted not less than
eight (8) days before the opening of the bids for Contract No. 508.
Motion carried.
Resolution No. 5915 - A Resolution of the City Council of
the City of Vernon Amending Resolution No. 5907 Dealing with the
Posting Time for Notice Inviting Bids for washington Boulevard
Resurfacing, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 5915 be approved and adopted.
The Mayor called a recess, the time being 6:10 p.m.
The Council reconvened in regular session at 6:21 p.m.,
all members present before the recess again being present.
It was moved by Ybarra, seconded by McCormick, that the
Council recess to Closed session Attorney/client privilege pursuant
to Government Code sections 54956.9(a} and 54956.9(C}. Motion carried.
All persons with the exception of the City Clerk and the
City Attorney were excluded from Closed Session.
The Mayor ordered all communications to and from Closed
Session deemed privileged and confidential.
Councilman Davis was excused from Closed Session at 6:40
p.m.
Councilman Davis resumed his seat on the Council at 6:55
p.m.
It was moved by Ybarra, seconded by McCormick, that the
Council go out of Closed Session and resume regular session, the time
being 6:57 p.m. Motion carried.
The City Attorney indicated that Southern California Gas
Company had agreed to enter into a Stipulation for an Order Granting
Summary Judgment and Judgment in the case of City of Vernon vs.
Southern California Gas Company, LASC No. BC 018540, and recommended
that the City Council Approve the Order Granting Summary Judgment and
Judgment.
It was moved by Gonzales, seconded by Davis, that the city
Attorney's recommendation be approved. Motion carried.
It was moved by Ybarra, seconded by McCormick, that a
further tolling agreement for twenty-five (25) days with Norris
Industries be approved. Motion carried.
It was moved by Ybarra, seconded by Davis, that the claim
of Julio Calleros vs. City of Vernon (WCAB Case # NOR 0157308) be
approved for a Compromise & Release in the amount of $2,000.00.
Motion carried.
It was moved by Gonzales, seconded by McCormick,
Law Firm of Brady & Berliner be retained to assist the City
negotiations and litigation relating to gas supply matters.
carried.
that the
in
Motion
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It was moved by Ybarra, seconded by McCormick, that the
letter agreement pertaining to FERC Docket No. ER88-83 Settlement
Agreement between the City of Vernon and Southern California Edison
agreeing and resolving a disputed amount of a refund agreed to by
Edison, be approved and executed by the City Clerk. Motion carried.
Councilman Davis abstained from voting and disqualified himself
because it is reasonably foreseeable that the decision may have a
material financial effect on his source of income.
There being no further business to come before the Council
at this time it was moved by McCormick, seconded by Ybarra, that the
meeting adjourn. Motion carried.
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/' ,Leonis C. Malurg, M yor
ATTEST:
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Bruce V. Malkenhorst
City Clerk
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