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19940214 Regular City Council Meeting - Minutes I I 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 4821 I I 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 4820 I I 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. 4g19 I I 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. ~ f ." ~ ~' - eonis C. M burg or ATTEST.: ~~ / / /' v ~ tVht~.Zt.~~ Bruce V. Malkenhorst City Clerk 4818