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19880405 Regular City Council Meeting - Minutes I I MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, APRIL 5, 1988 AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: YBARRA, GONZALES, DAVIS, MCCORMICK MEMBERS ABSENT: MALBURG Mayor Pro Tern Ybarra called the meeting to order. It was moved by Gonzales, seconded by Davis that the Minutes of the City Council meeting held March 1, and March 15, 1988, be approved as written and adopted. Motion carried. The City Clerk announced that there were several firemen who were eligible for a 25 year Service Pins and the Mayor Pro tern presented pins to the following persons: Fire Captain Robert Salisbury Fire Captain Frank Hlifka 25 years 25 years At this time the Mayor Pro tern declared a short recess, the time being 5:03 p.m. The Council reconvened in regular session, all members present before the recess again being present. Fire Chief Larry Spadt accepted Service Pins on behalf of the below listed firemen who were unable to attend today's meeting: Fire Engineer Dale Kruse Fire Engineer Sam Gierhan Fire Engineer William Manolovits Fire Captain James Dunn 25 years 25 years 25 years 25 years Police Department Activity Log for the period March 15, thru 31, 1988, was presented. It was moved by McCormick, seconded by Gonzales, that the police department activity log for the period March 15 thru 31, 1988 be received and filed. Motion carried. Fire Department Activity Report for the period March 15, thru 31, 1988, was presented. It was moved by Davis, seconded by McCormick, that the Fire Department Activity Report for the period March 15 thru 31, 1988 be received and filed. Motion carried. At this time the Mayor Pro tern asked if anyone in the audience wished to address the Council regarding matters listed on today's agenda. Mr. Don Bright of Environmental Audit Inc., came before the council and gave a brief introduction of the firm Metcalf & Edy and introduced Mr. Joe McCarthy of said firm and indicated that it will be the administrator of the CTTS hazardous waste incineration facility located at 3691 Bandini Blvd. Mr. Bright distributed some informational items to council at this time. The City Administrator indicated to the Council that this matter was not listed on the AprilS, 1988 agenda and therefore no discussion could take place by any councilmembers and no action could therefore be taken other than the acceptance by the City Clerk of the informational items mentioned above, and that said acceptance by the City Clerk does not constitute any official actions by the City Council. Mr. Sidney Title addressed the City Council with regard to his communication dated March 30, 1988. Mr. Title stated that \ L, ~B City Council Minutes page 2 AprilS, 1988 he has been advised that a conditional use permit is not necessary and that he has a "run with the land" type of use. He also stated that proper papers have been filed with the Community Services Department as far as the Conditional Use Permit application is concerned, however, he is concerned as to why such an application or permit is required. I Communication from Mr. Sidney Title, Partner of Sierra Properties, dated March 30, 1988, regarding property located at 5525 S. Santa Fe Avenue and his not understanding why City staff is taking the position that for a change in occupancy subject property is now required to have a conditional use permit applica- tion, even though there is no change in use. Mr. Title is requesting that the Council consider not requiring an application for a conditional use permit and require only the normal certifi- cate of occupancy, as in the past. Mr. Vaits advised the Council the conditional use permit requirement is in accordance with the ordinance. It was moved by Gonzales, seconded by Davis that the communication from Mr. Title be received and filed, and no further action taken. Motion carried. Continuation of the Public Hearing in the matter of the application of the construction and operation of a 120 KW Engine/Generator to be located at 6062 Alcoa Avenue (continued from March 15, 1988 Regular City Council Meeting). The City Attorney advised that he had received a letter from Mr. Alex Fried from the law offices of Sanger, Grayson, Givner, & Booke, dated March 22, 1988, on behalf of American Private Power with regard to the application to construct and operate a 120 KW Engine/Generator to be located at 6062 Alcoa Avenue. Mr. Fried advised that this project has not been abandoned and that they will have answers to our inquiries within the next two weeks. The City Attorney also advised that to date we have received no further information or correspondence, however, the Council may wish to consider continuing this one more time and if no further information is submitted the Council proceed with its intent to remove the item from the Agenda based on it being abandoned. It was moved by Davis, seconded by Gonzales, that the Public Hearing in the matter of the American Private Power's application for a conditional use permit to construct and operate a 120 KW Engine/Generator at 6062 Alcoa Avenue be continued to the next City Council meeting and if no further information is submitted said matter be removed from the agenda as an abandoned item. Motion carried. I It was moved by Gonzales, seconded by Davis, to open the Public Hearing to consider the termination of a Conditional Use Permit granted to DeWitt Mail Services for a truck Terminal lo- cated at 4366 26th Street (continued from March 15, 1988 City Council meeting). Motion carried. Communication from Victor Vaits, Director of Community Services, dated February 18, 1988, (deferred from March 15, 1988), was presented, advising that DeWitt Mail Services has violated the conditions of the conditional use permit granted to them on September 2, 1986, specifically items enumerated below: 2. a 10 inch VCP sewer shall be constructed from the existing city main in Bonnie Beach Place to approx- imately 800 feet east; 3. frontage improvements per City of Vernon Master Plan of Streets and City Standards as established by the Director of Community Services, shall be provided along 26th Street Frontage; \ \91q City Council Agenda page 3 AprilS, 1988 4. the street and sewer main construction shall be completed prior to the operation or appropriate agreements shall be made. The Director of Community Services advises that attempts have been made to rectify the situation to no avail and it is hereby recommended that said Conditional Use Permit be terminated. It was moved by Gonzales, seconded by McCormick that the Public Hearing be closed. Motion carried. I It was moved by Gonzales, seconded by McCormick, that the Conditional Use Permit issued to DeWitt Mail Services for a truck terminal located at 4366 26th Street on September 2, 1986, be revoked based on its violation of the conditions contained in the CUP, and that the communication submitted by the Director of Community Services during the above public hearing be received and filed. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated February 18, 1988, was presented, regarding the conditional use permit application from Uintah Freightways, Inc., for the operation of a truck terminal at 4366 26th Street and advising that it is still his recommendation to deny the condi- tional use permit (deferred from March 15, 1988 City Council Meeting). It was moved by McCormick, seconded by Gonzales, that the above matter on Uintah Freightways be deferred to the next City Council meeting. Motion carried. Communication from Victor Vaits, Director of Community Services, dated February 18, 1988, (deferred from March 15, 1988 City Council meeting), was presented, advising that Consolidated Garments, Inc. has applied for a conditional use permit to operate a truck terminal at 4366 26th Street and transmitting the following supporting documents: 1. request for a conditional use permit and information supporting the permit application; 2. notice of a public hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing; 3. environmental information form; 4. engineering report. I The Director of Community Services advises that the proposed operation will pose no adverse effects to the City and will not have a significant effect on the environment and no mitigating measures are required, however, it is hereby recommended to Council to deny the conditional use permit. The owner of the property, DeWitt Mail Services, was granted a conditional use permit in September 1986 and has not complied with the conditions set forth in said conditional use permit. It was moved by McCormick, seconded by Gonzales, that the aforementioned matter on Consolidated Garments, Inc., be deferred to the next City Council meeting. Motion carried. Communication from Lewis R. Adams, Director of Water & Power, dated February 23, 1988, was presented, transmitting a copy of a proposed new Joint Pole Agreement to be effective January 1, 1988. This Agreement has been reviewed by the Water & Power Department and it is hereby recommended that said agreement be approved and the Mayor and City Clerk be authorized to execute same (deferred from March 15, 1988 City Council Meeting). \~SV City Council Minutes page 4 April 5, 1988 It was moved by Gonzales, seconded by McCormick, that the matter of the Joint Pole Agreement be deferred to the next City Council meeting. Motion carried. I RESOLUTION NO. 5488 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Southern California Joint Pole Agreement Providing for the Joint Ownership and Occupancy of Poles in the State of California and Elsewhere (deferred from March 15, 1988 City Council Meeting). It was moved by McCormick, seconded by Davis, that Resolution NO. 5488 be deferred to the next City Council meeting. Motion carried. Warrant Register No. 738 covering claims and demands presented during the period of March 16, thru 31, 1988, which includes Demand Nos. 16813 thru 17008 (inclusive) excluding void Demand Nos. as listed below, excluding Light & Power Demands drawn on the First Interstate Bank totaling $242,299.66 (accounting period April 1988 was examined and audited: 16840 16841 16842 16843 16844 16845 It was moved by Davis, seconded by McCormick, that Warrant Register No. 738 be approved and payment authorized for Demand Nos. 16813 thru 17008, excluding Void Demand Nos. as listed above, in the amount of $242,299.66. Motion carried. Warrant Register No. 738 covering claims and demand pre- sented during the period of March 15, thru 31, 1988, which includes Light & Power Demand Nos., as listed below, drawn on the First Interstate Bank totaling $590,219.10 (accounting period April 1988): 16617 18686 16917 16946 17006 16818 16870 16922 16957 17007 16831 16894 16926 16959 16932 16895 16929 16966 16938 16896 16936 16974 16855 16903 16941 16975 16863 16912 16945 16992 I It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 738 be approved and payment authorized for Light & Power Demands as listed above in the amount of $590,219.10. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it is reasonably foreseeable that the decision will have a material financial effect on his source of income. Payroll Warrant Register No. 378 covering claims and demands presented during the period of February 14, 1988 thru March 12, 1988, which includes Demand Nos. 5008 thru 5028, (both inclusive) drawn on the First Interstate Bank totaling $863,328.10 (accounting period March 1988). It was moved by McCormick, seconded by Davis, that Pay- roll Warrant Register No. 387 be approved and payment authorized for Demand Nos. 5008 thru 5028 in the amount of $863,328.10 with no exceptions. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 31, 1988, was presented, advising that a letter has been received from the State Office of Planning and Research (O.P.R.), dated March 23, 1988, (copy transmitted herewith) extending the time for adopting the General Plan to September 22, l~51 City Council Minutes page 5 April 5, 1988 I 1988; however, the letter indicated that the extension does not apply to the Housing Element. The Extension is granted contingent upon all discretionary land use projects being accompanied with written findings that the project is consistent with the proposed General Plan. During the extension period the City cannot process redevelopment plans or enter into agreements that legally preclude unilateral changes in land use by the City. The Extension by O.P.R. mandates that the City follow the proposed General Plan in all land use decisions and since the existing Zoning Ordinance is not consistent with the proposed General Plan it is hereby recom- mended that the proposed Zoning Ordinance be adopted as an Interim Zoning Ordinance, pursuant to Government Code 65858 for a period of 45 days. A public hearing MUST be scheduled to extend the ordinance beyond that date. This information has been reviewed by the Director of Community Services. The Director of Community Services explained to the City Council his reasons for recommending said proposal. It was moved by McCormick, seconded by Davis, that the recommendation of the City Clerk on the extension for the adoption of the proposed general plan be approved and that said communica- tion be received and filed; and that the City Attorney be author- ized to transmit a letter to the Office of Planning & Research explaining the city's interpretation that the extension applies to the housing element of the General Plan. Motion carried. ORDINANCE NO. 975 - An Interim Ordinance of the City Council of the City of Vernon Adopting the Revised Draft dated October 1987, of the Comprehensive Zoning Ordinance for the City of Vernon Making Findings With Respect Thereto, Declaring the Urgency Thereof, and that It will Take Immediate Effect, was read by title for a first and final reading. It was moved by McCormick, seconded Gonzales, that Ordinance 975 receive and pass a first and final reading and be adopted. Motion carried. AYES: NOES: ABSENT: McCormick, Gonzales, Davis, Ybarra None Malburg Consideration of the City of Vernon making a binding committment to pay a portion of the development costs relating to the Mead-Adelanto project development activities, with a payment of $111,177.15 on July 14, 1988 and a payment of $216,596.09 on November 30, 1988. I It was moved by McCormick, seconded by Gonzales, that the aforementioned matter be deferred to the next City Council meeting. Motion carried. Communication from Luis Espinoza Chief of Police, dated February 8, 1988, was presented, requesting authority and funds for Elizabeth Sawickis, Records Manager, to attend the California Law Enforcement Association of Records Supervisors in Redding, California, May 10 to 13, 1988, with an expense allowance of $529.95. It was moved by Davis, seconded by Gonzales, that authority be granted to issue warrant to Elizabeth Sawickis, in the amount of $529.95 for her attendance to the California Law Enforcement Association of Records Supervisors meeting in Redding, May 10 to 13, 1988. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 30, 1988, was presented, recommending that the following personnel actions be approved as indicated: \~~ City Council Minutes page 6 April 5, 1988 I RECLASSIFICATION Reclassify B.R. Bundschuh, a Police Officer I, Step 1, to Police Officer, Step 4, with a new monthly salary of $2467 effective March 16, 1988, in accordance with the Memorandum of Understanding dated March 1, 1988. It was moved by McCormick, seconded by Davis, that Officer Bundschuh be reclassified to Police Officer Step 4. Motion carried. I II RESIGNATION Accept the resignation dated March 8, 1988, of Richard Melvin, a Utilityman in the Community Services Depart- ment, effective March 24, 1988, at the close of the business day. It was moved by Davis, seconded by Gonzales, that the resignation of Richard Melvin be accepted. Motion carried. III MERIT STEP INCREASE Grant David Soto, a Utilityman V, Step 7 in the Community Services Department, a merit step increase to Utility- man V, Step 6, with a new monthly salary of $1602 effective April 24, 1988, based on his satisfactory job performance during the past year. It was moved by Gonzales, seconded by McCormick, that David Soto be granted a merit step increase to Utilityman V, Step 6 effective April 24, 1988. Motion carried. Grant Dan Rodriguez, a Diesel Operator V, Step 3 in the Light & Power Department, a merit step increase to Diesel Operator V, Step 2, with a new monthly salary of $1947 effective April 24, 1988, based on his satisfactory job performance during the past year. It was moved by McCormick, seconded by Davis, that Dan Rodriguez be granted a merit step increase to Diesel Operator V, step 2, effective April 24, 1988. Motion carried. Grant Richard Solis, a Diesel Operator V, Step 4, in the Light & Power Department, a merit step increase to Diesel Operator V, Step 3, with a new monthly salary of $1846 effective April 24, 1988, based on his satisfactory job performance during the past year. I It was moved by Gonzales, seconded by Davis, that Richard Solis be granted a merit step increase to Diesel Operator V, Step 3, effective April 24, 1988. Motion carried. Grant Richard Recano, a Diesel Operator V, Step 3, in the Light & Power Department, a merit step increase to Diesel Operator V, Step 2, with a new monthly salary of $1947 effective April 10, 1988, based on his satisfactory job performance during the past year. It was moved by Davis, seconded by Gonzales, that Richard Recano be granted a merit step increase to Diesel Operator V, Step 2, effective April 10, 1988. Motion carried. Grant Don Quiroz, a Diesel Operator V, Step 4, in the Light & Power Department, a merit step increase to Diesel Operator V, Step 3, with a new monthly salary of $1846 effective April 10, 1988, based on his satisfactory job performance during the past year. \~53 City Council Minutes page 7 April 5, 1988 It was moved by McCormick, seconded by Davis, that Don Quiroz be granted a merit step increase to Diesel Operator V, step 3, effective April 10, 1988. Motion carried. Grant Eliseo Genera, a Civilian Traffic Officer, Step 6 in the Police Department, a merit increase to Civilian Traffic Officer, Step 5, with a new monthly salary of $1659 effective April 24, 1988, based on his satisfactory job performance during the past year. I It was moved by Davis, seconded by Gonzales to grant Eliseo Genera a merit step increase to Civilian Traffic Officer Step 5 effective April 24, 1988. Motion carried. IV REIMBURSEMENT Reimburse Fire Department Captain Richard Wiles $195 from the Education and Training Appropriation account for his satisfactory completion of courses taken at Anaheim P.O.S.T. Con- tinuing Professional Training related to his position with the city. It was moved by McCormick, seconded by Davis, that Fire Captain Richard Wiles be reimbursed $195 from the Education and Training Appropriation account. Motion carried. Reimburse Firefighter David Kimes $164.60 from the Education and Training Appropriation account for his satisfactory completion of courses taken at Rio Hondo College related to his position with the city. It was moved by Gonzales, seconded by Davis, that Firefighter David Kimes be reimbursed $164.60 from the Education and Training Appropriation account. Motion carried. Reimburse Officer Norman Lindstrom $178.39 which is half the purchase price of his Body Armor (vest) in accordance with Section 11.1 of the Memorandum of Understanding dated March I, 1988. It was moved by Davis, seconded by McCormick, that Officer Norman Lindstrom be reimbursed $178.39 for the purchase of his body armor. Motion carried. V DISCIPLINARY ACTION Eugene DeFrank, Survey Party Chief in the Community Services Department, not be held chargeable for his on-duty accident occurring February 29, 1988, based on the findings of the Accident Investigation Committee. I It was moved Davis, seconded by Gonzales, that Eugene DeFrank not be held chargeable for his on-duty accident occurring on February 29, 1988. Motion carried. Pres Sanchez, a Utilityman in the Water & Power Department, not be held chargeable for his on-duty accident occurring March 15, 1988, based on the findings of the Accident Investigation Committee.. It was moved by Gonzales, seconded by McCormick, that Pres Sanchez not be held chargeable for his on-duty accident occurring on March 15, 1988. Motion carried. Issue Police Officer Christian Moscoso an oral reprimand for his chargeable on duty accident occurring March 7, 1988, based on the findings of the Accident Investigation Committee. It was moved by McCormick, seconded by Gonzales, that Officer Christian Moscoso be issued an oral reprimand as discipli- \~54 City Council Minutes page 8 April 5, 1988 nary action for his on-duty accident occurring on March 7, 1988. Motion carried. Issue Police Officer D.J. Enriquez a written repri- mand for his chargeable on duty accident occurring March 7, 1988, based on the findings of the Accident Investigation Committee. It was moved by Davis, seconded by Gonzales, that Officer David Enriquez be issued a written reprimand as disciplinary action for his on-duty accident occurring on March 7, 1988. Motion carried. I VI HIRE Mr. Daniel E. Calleros as Police Officer Step 6, with a monthly salary of $2216 effective April 4, 1988 with continued employment contingent upon his successful completion of the background process and his execution of an employment agreement. It was moved by McCormick, seconded by Davis, that Daniel Calleros be hired as Police Officer Step 6 effective April 4, 1988, with continued employment upon his successful completion of the background process and this execution of an employment agreement for the position of police officer. Motion carried. Communication from Oscar Valencia, District Manager of the Huntington Park Office of the Automobile Club of Southern California dated March 1, 1988, was presented, requesting the city's adoption of a resolution supporting the Automobile Club's "Freeway Development to the Year 2000" project, which is to help with efficiency of existing traffic systems, public transit ser- vice improvement, etc. Mr. Valencia also requests that if the Council .selects to support the "Freeway Development to the Year 2000" project a copy of the resolution be transmitted to the Governor, Senate President Pro-tem, and the Assembly Speaker. It was moved by McCormick, seconded Davis, that the communication from Oscar Valencia be received and filed. Motion carried. Communication from Victor Vaits, Director of Community Services, dated March 31,1 988, transmitting for consideration a proposed resolution declaring the City's intent to vacate 44th Street and a portion of 45th Street between Alcoa Avenue and Downey Road. Also transmitted herewith is the Engineer's report evaluating the requested street vacation, was presented. I It was moved by Gonzales, seconded by Davis, that Mr. Vaits aforementioned recommendation be approved and said documents be received and filed. Motion carried. RESOLUTION NO. 5472 - A Resolution of the City Council of the City of Vernon Declaring Its Intention to Vacate Forty- Fourth Street and a Portion of Forty-Fifth Street, Each Between Downey Street and Alcoa Street, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 5472 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 31, 1988, was presented, transmitting for considera- tion a Public Improvement Agreement from Santa Fe Land Improvement company for the construction of frontage improvements on Exchange Avenue & Maywood Avenue. This has been reviewed by the Director of Community Services and the City Attorney and it is hereby recommended that said agreement be approved and the Mayor and City Clerk be authorized to execute same. i~5j City Council Minutes page 9 April 5, 1988 It was moved by McCormick, seconded by Davis, that the recommendation of the City Clerk be approved and that said documents be received and filed. Motion carried. Communication from Victor Vaits, dated March 30, 1988, was presented, advising that bids received and opened on March 22, 1988 in accordance with Contract No. 489, and are listed below: I Vernon Paving Company Shawnan Corporation Excel Paving Sully Miller Griffith Company Gentry Brothers $333,333.33 $338.555.60 $355,788.73 $370,484.74 $388.668.15 $402,211.10 These bids have been reviewed and it is hereby recommended that Contract No. 489 be awarded to Vernon Paving Company 2544 Woodland Drive, Anaheim, California 92801 on the basis of their bid in the amount of $333,333.33. Based on a Public Improvement Agreement between the City and Santa Fe Land Improvement Company approximately $88,317.00 of the contract will be paid for by Santa Fe Land Company for their Frontage Improvements on Maywood and Exchange Avenues. It was moved by Gonzales, seconded by Davis, that the recommendation of the Director of Community Services be approved and that said communication be received and filed. Motion carried. RESOLUTION NO. 5501 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Vernon Paving Company for Bonnie Beach, Indiana, 37th, Alcoa, Maywood and Exchange Avenues Improvements in Accordance with Contract No. 489 of the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5501 be approved and adopted. Motion carried. Communication from David Brearley, City Attorney, dated March 25, 1988, requesting authority and funds for him to attend the 1988 City Attorneys Department Spring Meeting of the League of California Cities in Newport Beach, California May 4 to 6, 1988, with an expense allowance of $551.50. I It was moved by Davis, seconded by Gonzales, that authority be granted to issue warrant to David Brearley in the amount of $551.50 for his attendance to the 1988 City Attorneys Department Spring Meeting of the League of California Cities. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 31, 1988, was presented, recommending that a 2 bedroom suite be reserved for the upcoming California Contract Cities Annual Seminar in Palm Springs as a hospitality suite and to accommodate the City Clerk and the Mayor pro-tern. It was moved by McCormick, seconded by Gonzales, that the recommendation of the City Clerk to reserve a hospitality suite for the upcoming California Contract Cities Seminar be approved. Motion carried. Communication from the City Clerk, dated March 31, 1988, was presented requesting authority and funds for Councilmen Davis and McCormick to attend the California Contract Cities Annual Seminar in Palm Springs May 18 to 22, 1988, with an expense allow- ance of $875. \L 5 ~ City Council Minutes page 10 April 5, 1988 It was moved by McCormick, seconded by Gonzales, that authority be granted to for to Councilmen Davis and McCormick to attend the above referenced seminar in Palm Springs with an expense allowance in the amount of $875. Motion carried. Communication from the City Clerk, dated March 31, 1988, was presented, requesting authority and funds for himself and the Mayor pro tern to attend the California Contract Cities Annual Seminar in Palm Springs May 18 to 22, 1988, with an expense allow- ance of $535. I It was moved by Gonzales, seconded by McCormick, that authority be granted for Mayor Pro tern Ybarra and the City Admini- strator to attend the above referenced seminar with an expense allowance of $535. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 31, 1988, transmitting a certified copy of the trans- cript of the public hearing on the proposed General Plan and Zoning Ordinance and recommending that same be received and filed. It was moved by McCormick, seconded by Davis, that the certified copy of the transcript of the public hearing on the proposed General Plan and Zoning Ordinance be received and filed. Motion carried. RESOLUTION NO. 5502 - A Resolution of the City Council of the City of Vernon Amending Section 13 by Adding a New Subsec- tion (e) to Resolution No. 5405, Which Fixed the Compensation Certain Employees of Said City and Authorized Certain Expense Allowances. It was moved by Davis, seconded by McCormick, that Resolution No. 5502 be approved and adopted. Motion carried. ' Communication from Bruce V. Malkenhorst, City Clerk dated March 31, 1988, was presented, transmitting amended regula- tions for implementing requirements of City of Vernon Ordinance No. 944, Underground Storage of Hazardous Substances. Said regula- tions have been reviewed by the Director of Environmental Health and the City Attorney. It was moved by Gonzales, seconded by Davis, that the above referenced regulations implementing Ordinance No. 944 be approved and adopted. Motion carried. Consideration of the claim of Bruce Margolin, Esquire on behalf of Henry Limones. I It was moved by McCormick, seconded by Davis, that the matter of Henry Limones claim be deferred to closed session. pursuant to Government Code section 54956.9(b)(1). Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 31, 1988, transmitting the Minutes of the Special Finance Committee Meeting held March 21, 1988, for approval of recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the minutes of the Special Finance committee Meeting held March 21, 1988 be approved as written. Motion carried. Communication from Lewis Adams, Director of Light & Power, dated March 31, 1988, requesting authority and funds for Jorge Somoano to attend the Hoover Operating Status Meeting in Boulder City Nevada on April 12, 1988, with an expense allowance of $185.83. \~S~ City Council Minutes page 11 April 5, 1988 It was moved by McCormick, seconded Gonzales, that authority be granted to issue Jorge Somoano a warrant in the amount of $185.83 for his attendance to the above referenced meeting. Motion carried. Consideration of a claim filed by Kerry McPhillips dated March 8, 1988. It was moved by Gonzales, seconded by Davis, that the claim by Kerry Phillips be deferred to closed session pursuant to Government Code Section 54956.9(b)(1). Motion carried. I At this time the Director of Community Services advised the Council that there was serious sewer pipeline damage which occurred late yesterday afternoon. City Crews have been working on this however it has been determined that the city would not be able to repair it. The Director asked the Council to place this matter on the agenda today as an emergency item and to consider hiring an outside contractor, George Miller Construction, to repair or reconstruct the damaged pipes as soon as possible. It was moved by Gonzales, seconded by McCormick, that con- sidering the urgency of this matter and that the need to take action arose afer the agenda was posted that it be placed on today's agenda for City Council action. Motion carried. It was moved by McCormick, seconded by Davis, that approval be granted to hire George Miller Construction to make the necessary repairs or reconstruction to the damaged sewer lines. Motion carried. that the matters , 6:20 p.m. At this time it was moved by McCormick, seconded by Davis Council go into Closed Sessionto consider personnel pursuant to government code section 54957, the time being Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. The Mayor Pro tem ordered all communications to and from Closed deemed privileged and confidential. It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session the time being 6:35 p.m. It was moved by Gonzales, seconded by McCormick, that Council go into closed session to meet with its attorney regarding pending litigation,pursuant to Government Code Sections 54956.9(a), and 54956.9(b)(1) the time being 6:36 p.m. Motion carried. I It was moved McCormick, seconded by Davis, that the Council go out of closed session, the time being 6:57 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that Officer Mark R. Chavez be terminated at the end of his shift on April 4, 1988, based on his failure to pass probation. Motion carried. It was moved by Davis, seconded by McCormick, that the request of Electrical Engineer Assistant Pam Maddox for a three (3) month leave of absence without pay be approved, however, due to her probationary status, she serve 6 months probation upon her return. Motion carried. It was moved by Gonzales, seconded by Davis, that the claim of Kerry Phillips in the amount of $1446.31 for an accident involving a city employee be denied. Motion carried. I '-55 City Council Minutes page 12 April 5, 1988 There being no further business to come before the Council it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. Thomas A. Ybarra Mayor Pro-tern ATTEST: I Bruce V. Malkenhorst, City Clerk I lb5~