19940214 Regular City Council Meeting - Minutes
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MINUTES OF THE ADJOURNED CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
FEBRUARY 14, 1994 AT 5 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, McCormick, Davis, Gonzales
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
It was moved by Davis, seconded by Ybarra, that the
Minutes of the Adjourned City Council Meeting held February 7,
1994, be approved as submitted and adopted. Motion carried.
It was moved by McCormick, seconded by Gonzales, that
the Minutes of the City Council Meeting held February 1, 1994, be
approved as submitted and adopted. Motion carried.
The City Clerk advised that now was the time for
anyone in the audience to address the Council on any matter
listed on the agenda other than with regard to any Public
Hearings that may be listed.
The Mayor asked if there was anyone in the audience
who wished to address the Council on any matter listed on the
agenda other than with regard to any Public Hearings that may be
listed.
There was no one in the audience who wished to
address the City Council.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 10, 1994, was presented, advising that the
Certificate and Notice pertaining to the General Municipal
Election to be held April 12, 1994, which was presented to the
City Council at an Adjourned Regular Meeting held February 7,
1994, was published in a newspaper of general circulation
pursuant to Section 6061 of the Government Code on Tuesday,
February 8, 1994. Said Proof of Publication will be submitted
upon receipt to the City Council.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated February 10, 1994 be
received and filed. Motion carried.
RESOLUTION NO. 6385 - A Resolution of the City
Council of the City of Vernon, California Providing for the
Appointment to the Offices of This City That Were to be Elected
on Tuesday, April 12, 1994, was presented.
It was moved by McCormick, seconded by Gonzales, that
Resolution No. 6385 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated February 10, 1994, was presented, transmitting the
Minutes of the Finance Committee Meeting held February 8, 1994
for approval of the recommendations contained therein.
It was moved by Gonzales, seconded by Ybarra, to
approve the Minutes of the Finance Committee Meeting held
February 8, 1994. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated February 10, 1994, was presented, advising that the Finance
Committee, at their meeting held February 8, 1994, recommended
,
approval of participating in the Western Systems Power Pool
(WSPP) contingent on the city Attorney's final review of the
agreement among all parties. At this time, it is hereby
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Adjourned City Council
Meeting Minutes
February 14, 1994
Page 2
recommended that the agreement be approved, and
DeDario, Director of Light and Power, and Jorge
Planning Manager, be appointed "Representative"
representative to the WSPP Executive Committee.
that Kenneth J.
Somoano, Resource
and "Alternate"
It was moved by Ybarra, seconded by McCormick, that
the communication from the City Clerk dated February 10, 1994 be
received and filed, and that his recommendations be approved.
Motion carried.
RESOLUTION NO. 6388 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Western Systems Power Pool Agreement with Various
Entities, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 6388 be approved and adopted. Motion carried.
RESOLUTION NO. 6387 - A Resolution of the City
Council of the City of Vernon Amending Resolution No. 6275, Which
Approved a Budget for the Fiscal Year 1993-1994, To Reflect
Increases, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 6387 be approved and adopted. Motion carried.
RESOLUTION NO. 6386 - A Resolution of the City
Council of the city of Vernon Authorizing the Sale of Surplus
Property From the Community Services Department, the Light and
Power Department, the Fire Department, the City Clerk's
Department (Finance), and the City Administrator's Department
(City Administrator and Customer Service) Pursuant to section
2.31 of the Vernon City Code, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 6386 be approved and adopted. Motion carried.
Consideration of a Partial Settlement Agreement with
Southern California Gas Company by David B. Brearley, City
Attorney, submitted January 27, 1994. (Deferred from the
Adjourned City Council Meeting held February 7, 1994.)
RESOLUTION NO. 6381 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Partial Settlement Agreement By and Between the
City of Vernon and Southern California Gas Company. (Deferred
from the Adjourned City Council Meeting held February 7, 1994.
It was moved by McCormick, seconded by Ybarra, that
the aforementioned matter pertaining to a Partial Settlement
Agreement with Southern California Gas Company and Resolution No.
6381 be removed from the Agenda. Motion carried.
RESOLUTION NO. 6389 - A Resolution of the City
Council of the City of Vernon Commending Mel Wiles For His Many
Years of Service to the City of Vernon, was read in its entirety
by the City Clerk.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 6389 be approved and adopted. Motion carried.
The City Clerk advised that the following matters
should be deferred to Closed Session later this date.
Consideration of the following disciplinary actions:
Police Officer John Kallal
Police Officer David Rumley
Police Officer Nathan Allen
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Adjourned City Council
Meeting Minutes
February 14, 1994
Page 3
Consideration of Liability Claim of Hugh McNie.
Consideration of Liability Claim of Elmira Fernandez.
The Mayor called a recess at 5:21 p.m.
The Council reconvened in regular session at 5:23
p.m., all members present before the recess again being present.
It was moved by Davis, seconded by McCormick, that
the Council go into Closed Session, Personnel, pursuant to
Government Code Section 54957, the time being 5:24 p.m. Motion
carried.
All persons were excluded from Closed Session with
the exception of the City Clerk, City Attorney, Chief Deputy City
Clerk, Chief of POlice, Police Captain, and Police Officers
Kallal, Rumley and Allen.
The Mayor ordered all communications to and from the
Closed Session be deemed privileged and confidential.
Officers Rumley and Allen were excused at 5:24 p.m.
Officer Kallal was excused at 5:40 p.m.
Officer Rumley returned to the Closed Session at 5:41
p.m.
Officer Rumley was excused at 5:44 p.m.
Officer Allen returned to the Closed Session at 5:50
p.m.
Officer Allen was excused at 5:55 p.m.
The Chief of Police and Police Captain were dismissed
at 6:06 p.m.
It was moved by McCormick, seconded by Ybarra, that
the Council go out of Closed Session, Personnel, the time being
6:15 p.m. Motion carried.
It was moved by Ybarra, seconded by Davis, that the
Council go into Closed Session, Attorney/Client Privilege,
pursuant to Government Code Sections 54956.9(a) and
54956.9(b) (1), the time being 6:15 p.m. Motion carried.
All persons were excluded from Closed Session,
Attorney/Client Privilege, with the exception of the City Clerk
and City Attorney.
The Mayor ordered all communications to and from the
Closed Session deemed privileged and confidential.
Councilman Davis was excused at 6:19 p.m.
Councilman Davis returned at 6:23 p~m.
It was moved by Ybarra, seconded by McCormick, that
the Council go out of Closed Session, Attorney/Client Privilege,
and resume regular session, the time being 6:23 p.m. Motion
carried.
It was moved by Ybarra, seconded by Davis, to ratify
the Chief of Police's recommendations of an oral reprimand as
discipline for Officers Kallal and Allen. Motion carried.
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Adjourned City Council
Meeting Minutes
February 14, 1994
Page 4
It was moved by Gonzales, seconded by McCormick, that
the Liability Claim of Hugh McNie be denied. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the Liability Claim of Elmira Fernandez be denied. Motion
carried.
It was moved by Gonzales, seconded by McCormick that
authority and approval be granted to the City Attorney to file a
Motion to Intervene in FERC Dockets No. EL94-10-000 and QF86-177-
001. 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 Ybarra, seconded by
McCormick, that the meeting adjourn. Motion carried.
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Bruce V. Malkenhorst
City Clerk
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