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19930216 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD FEBRUARY 16, 1993 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. It was moved by Gonzales, seconded by McCormick, that the Minutes of the City Council Meeting held February 2, 1993, be deferred to the next City Council Meeting. Motion carried. The following employees were in attendance at the Council Meeting and were recognized for their exemplary service in maintaining perfect attendance with the city, and the Mayor extended congratulations on behalf of the City Council: Tom Kennedy, Engineering Aide Bradley Mack, Firefighter Lorenzo Mendoza, utilityman Anthony Serrano, Cust. Servo Rep 2 years 2 years 2 years 2 years 3 years 3 years 3 years 3 years 4 years 4 years 5 years 5 years 6 years Joan Francone, Risk Mgr./Pers. Asst. David Muniz, Diesel Operator Vince Washington, utilityman Silas Williams, Diesel Operator David Alvarez, Utility Clerk Bruce Olson, Police Lieutenant Ed Saenz, utilityman Felix Saldana, Utilityman Victor vaits, Dir. of Comm. Services The following employees were not in attendance at the meeting and awards were accepted by their respective department heads: Samuel Carpenter, Firefighter Jeffrey James, Firefighter Mariano Gonzales, utilityman Gonzalo Martinez, Police Officer Jerry Winegar, Police Officer Carlos Fandino, Sr. W/P Dispatcher Dale Kruse, Fire Captain Craig Peltier, Firefighter Jon Arvizu, Firefighter 2 years 2 years 3 years 3 years 3 years 4 years 4 years 4 years 6 years The Mayor called a recess at 5:07 p.m. The Council reconvened in regular session at 5:10 p.m., all members present before the recess again being present. Police Department Activity Log for the period February 1 thru 15, 1993, was presented. It was moved by McCormick, seconded by Davis, that the Police Department Activity Log for the period February 1 thru 15, 1993, be received and filed. Motion carried. Fire Department Activity Report for the period February 1 thru 15, 1993, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period February 1 thru 15, 1993, be received and filed. Motion carried. 4607 I I City Council Minutes page 2 February 16, 1993 Health Department Report for the month of January, 1993, was presented. It was moved by Davis, seconded by Ybarra, that the Health Department Report for the month of January, 1993, be received and filed. Motion carried. Risk Management Report for the month of January, 1993, was presented. It was moved by McCormick, seconded by Gonzales, that the Risk Management Report for the month of January, 1993, be received and filed. Motion carried. The City Clerk advised that now was the time for anyone in the audience to address the City 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 City council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. Thomas Hays, of the Law Offices of Hays & Hays, representing Mr. James C. Raabe, addressed the Council and requested that the consideration of Mr. Raabe's Hearing on the Determination of his Disability Retirement be continued to the next city Council meeting. Hearing for Determination of the Disability Retirement of James C. Raabe. Communication from Bruce V. Malkenhorst, City Clerk, dated February 9, 1993, advising that the attorney for James Raabe, William T. Hayes, has been notified by letter dated January 13, 1993 (copy attached) that recommendation is being made to deny Mr. Raabe's application for Disability Retirement based on the medical report of Dr. H. Darakjian dated November 3, 1992 and previous reports by Dr. A. Gazaui. RESOLUTION NO. 6212 - A Resolution of the City Council of the City of Vernon Denying the Disability Retirement of James C. Raabe, a Local Safety Member Employed by the City of Vernon (Government Code sections 21024 and 21025). It was moved by Gonzales, seconded by McCormick, that the Hearing for Determination of the Disability Retirement of James C. Raabe be continued to the next City Council Meeting and that no further action be taken at this time. Motion carried. It was moved by Ybarra, seconded by Davis, to open the continuation of the Hearing regarding the Appeal by JCI Environmental Services of the Notice to Submit a Closure Plan for the 4301 Downey Road site, the time being 5:13 p.m. Motion carried. David B. Brearley, City Attorney, addressed the city City Council and referred to his letter dated February 11, 1993 and briefly summarized same. Communication ~rom David B. Brearley, City Attorney, dated February 11, 1993, was presented, submitting his legal opinion regarding the appeal by JCI Environmental Services from closure requirements. victor Muniz, Vice President of JCI Environmental services, addressed the Council and reiterated information he presented before the City Council during the last Public Hearing held on February 2, 1993; specifically addressing material that has been on his site that is available over the counter. 4606 I I city council Minutes page 3 February 16, 1993 Mr. Brearley: The Health Department has provided necessary information for the City council to make its determination. Mr. Muniz: I am asking that the City Council take a closer look at the information I previously provided and make an allowance for a variance, and want more information of what is referred to as "residual materials." Mr. Brearley: Your Honor, again I advise that the department has provided us with all the information necessary supporting their recommendation to require the closure plan and not to grant a variance to JCI. communication from Lewis J. Pozzebon, Director of Environmental Health, dated January 25, 1993, submitting a report pertaining to the hazardous material compliance status of JCI Environmental Services. communication from Bruce V. Malkenhorst, City Clerk, dated January 21, 1993, transmitting a report from Lewis J. Pozzebon, Director of Environmental Health, dated January 13, 1993 supporting the need for JCI to provide a "Detailed Closure Plan" for property located at 4301 Downey Road in accordance with Ordinance No. 961. Communication from victor A. Muniz, Vice President, JCI Environmental Services, dated December 31, 1992, protesting and appealing the order from the Vernon Health Department for compliance with Ordinance No. 961 for JCI to provide a Closure Plan. It was moved by Mccormick, seconded by Davis, to close the Hearing regarding the Appeal by JCI Environmental Services of the Notice to Submit a Closure Plan for the 4301 Downey Road site, the time being 5:22 p.m. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the aforementioned listed communications submitted during the JCI Hearing be received and filed. Motion carried. It was moved by Gonzales, seconded by Davis, to deny the request of JCI Environmental Services for a variance from the Notice to Submit a Closure Plan for property located at 4301 Downey Road. Motion carried. ORDINANCE NO. 1011 - An Ordinance of the City Council of the City of Vernon Amending Sections 23.1, 23.2, 23.3, 23.4, 23.6 and 23.11 of the Code of the City of Vernon Regarding Taxicabs and Taxicab Stands in the City of Vernon, was read by Title by the City Clerk for a SECOND AND FINAL READING. It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1001 be approved and adopted. Motion carried. Ayes: Malburg, Ybarra, McCormick, Gonzales, Ybarra Noes: None Abstain: None Communication from victor H. Vaits, Director of Community Services, dated February 1, 1993, was presented, requesting authority and funds for civil Engineer Kevin Wilson to attend the American Public Works Association Self Assessment Clinic in San Diego, March 24, 1993, with an expense allowance of $184.82. It was moved by Ybarra, seconded by Gonzales, that authority be granted for Kevin Wilson to attend the American Public Works Association Self Assessment Clinic in San Diego, March 24, 1993, with an expense allowance of $184.82. Motion carried. 4605 I I City Council Minutes page 4 February 16, 1993 Communication from Bruce V. Malkenhorst, city Clerk, dated February 2, 1993, was presented, transmitting an Agreement with Twining and Associates, Inc. to provide quality control inspection of the welding and interior/exterior coating of Reservoir 2-2 (which will be done under City of Vernon Contract No. 515). The City does not have the staff or equipment to insure compliance with the requirements of the state Health Department for facilities used for potable water. 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 executed. RESOLUTION NO. 6211 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Contract with Twining & Associates, Inc. to Provide Quality Control Inspection of the Welding and of the Interior/Exterior Coating of Reservoir 2-2 in Conjunction with Contract No. 515. victor Vaits, Director of Community Services addressed the Council and requested that the aforementioned matter pertaining to an Agreement with Twining and Associates and Resolution No. 6211 be removed from the Agenda at this time for further review. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated February 2, 1993 regarding Twining and Associates and Resolution No. 6211 be removed from the Agenda. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated February 2, 1993, was presented, requesting authority and funds for Civilian Court Officer Hector Figueroa to attend the California Property & Evidence Officers' Training Seminar in San Jose, March 3-5, 1993, with an expense allowance of $624.82. It was moved by Davis, seconded by Ybarra, that authority be granted for Court Officer Hector Figueroa to attend the California Property & Evidence Officers' Training Seminar in San Jose, March 3-5, 1993, with an expense allowance of $624.82. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 8, 1993, was presented, advising that Reprocell Pulp & Paper, Inc., has requested an extension of their permit for a temporary office trailer at 5600 Alameda Street due to delays in starting their expansion, and recommending that the extension be granted to February 2, 1994. It was moved by Ybarra, seconded by McCormick, to grant Reprocell Pulp & Paper, Inc. an extension to February 2, 1994 for their permit for a temporary office trailer. Motion carried. Communication from Lewis Pozzebon, Director of Environmental Health, dated February 8, 1993, was presented, requesting authority and funds for Environmental Health Specialist James wilcox to attend the site Remediation Methods for Petroleum-Hydrocarbon contaminated Soil Course at University of California, Riverside, March 1-3, 1993, with an expense allowance of $461.50. It was moved by Davis, seconded by Gonzales, that authority be granted for James wilcox to attend the Site Remediation Methods for Petroleum-Hydrocarbon Contaminated Soil Course at University of California, Riverside, March 1-3, 1993, with an expense allowance of $461.50. Motion carried. 4804 I I City Council Minutes page 5 February 16, 1993 Communication from victor H. vaits, Director of Community Services, dated February 10, 1993, was presented, transmitting the results, as listed below, of bids received and opened February 9, 1993 in accordance with Contract No. 516, Traffic signal Modernization, Atlantic Boulevard and District Boulevard, Santa Fe Avenue and Pacific Boulevard, Soto Street and Fruitland Avenue, and Boyle Avenue and Leonis Boulevard. It is hereby recommended that the bid be awarded to Signal Maintenance, Inc., 2283 Via Burton, Anaheim, California 92806, on the basis of their bid of $71,555. Signal Maintenance, Inc. Steiny & Company, Inc. C.T. & F. Moore Electric contracting California Electrical Service $71,555 80,050 84,280 94,300 97,166 It was moved by Ybarra, seconded by McCormick, that the communication from the Director of Community Services dated February 10, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6215 - A Resolution of the City Council of the City of Vernon Accepting the Bid of Signal Maintenance, Inc. for Traffic Signal Modernization, Atlantic Boulevard and District Boulevard, Santa Fe Avenue and Pacific Boulevard, Soto Street and Fruitland Avenue and Boyle Avenue and Leonis Boulevard in Accordance with Contract No. 516 of the City of Vernon and Approving the Execution of Said Contract, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6215 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 10, 1993, was presented, advising that peyk International, Inc., has requested permission to maintain and operate an 8" water pipeline, one fire department connection and six post indicator valves in 50th Street and District Boulevard. This has been reviewed by the Director of community Services, and it is hereby recommended that Encroachment License No. 375 be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated February 10, 1993 be received and filed, and that Encroachment License No. 375 be approved and executed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 11, 1993, was presented, advising that the Americans with Disabilities Act was signed into law in 1990 and went into effect January 26, 1992. The Department of Justice published detailed regulations setting forth employer's specific obligations under Title II, Subtitle A, and these regulations require the designation of a responsible employee and adoption of a grievance procedure for resolving any complaints which allege violations of the Act. This has been reviewed by the Risk Manager and the City Attorney, and it is hereby recommended that said Grievance Procedure be adopted and the City Administrator be designated to have the responsibility for ADA compliance. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated February 11, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6214 - A Resolution of the city Council of the City of Vernon Adopting a Grievance Procedure for Resolving any Complaints Alleging Violations of the Americans with Disabilities Act, was presented. 4603 I I ~. City Council Minutes page 6 February 16, 1993 It was moved by Ybarra, seconded by McCormick, that Resolution No. 6214 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated February 10, 1993, was presented, advising that on July 2, 1992, the City Council approved a Lot Line Adjustment (Resolution No. 6127) requested by Richard and Zolten Friedman and Catellus Development Corporation. The two parties have now found that the adjustment was in error and have requested that the line be re- adjusted. The original resolution has not been recorded by the County. This has been reviewed by the Director of community services and the City Attorney, and it is hereby recommended that Resolution No. 6127 be repealed and the new boundary line adjustment be approved. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated February 10,1993 be received and filed, that his recommendation be approved. Motion carried. RESOLUTION NO. 6213 - A Resolution of the City Council of the City of Vernon Repealing Resolution No. 6127 and Approving the Lot Line Adjustment Requested by Richard and Zolten Friedman and Catellus Development Corporation, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6213 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated February 11, 1993, was presented, advising that E.B. Bradley Company and the D.C. Molinari Family Trust are the owners of two adjoining parcels of land located at 5080 Alameda street and 1911 51st street respectively. They have requested an adjustment of the boundary line between the parcels which will result in a portion of land being transferred from the Bradley parcel to the Molinari parcel. This has been reviewed by the Director of community services and the City Attorney, and it is hereby recommended that the requested lot line adjustment be approved. It was moved by Davis, seconded by Ybarra, that the communication from the City Clerk dated February 11, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6216 - A Resolution of the City Council of the City of Vernon Approving the Lot Line Adjustment Requested by E. B. Bradley Company and D.C. Molinari Family Trust, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6216 be approved and adopted. Motion carried. WARRANT REGISTER NO. 857 covering claims and demands presented during the period of January 29 thru February 11, 1993, drawn on the First Interstate Bank totaling $300,636.93, which includes Demand Nos. 40676 thru 40893 (inclusive) excluding Light & Power Demands and Void Demand Nos. 40679, 40720 and 40740 thru 40742 (inclusive), (accounting period February, 1993), was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 857 be approved and payment authorized for Claims and Demands totaling $300,636.93, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 857 covering claims and demands presented during the period of January 29 thru February 11, 1993, drawn on the First Interstate Bank totaling $2,270,936.65, which includes Light & Power Demand Nos. as listed below (accounting period February, 1993) was examined and audited: 4602 I I City Council Minutes February 16, 1993 page 7 40683 40701 40710 40751 40780 40826 40848 40866 40685 40702 40716 40755 40781 40843 40849 40874 40693 40705 40737 40760 40803 40844 40851 40875 40694 40706 40743 40772 40815 40845 40855 40876 40699 40707 40746 40773 40819 40846 40858 40877 40700 40708 40749 40779 40820 40847 40862 40879 40886 40889 40892 It was moved by Mccormick, seconded by Ybarra, that Warrant Register No. 857 be approved and payment authorized for claims and demands totaling $2,270,936.65. 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. 429 covering claims and demands presented during the period of December 13, 1992 thru January 9, 1993, drawn on the First Interstate Bank totaling $1,526,516.91 which includes Demand Nos. 6857 thru 6893 (inclusive) (accounting period January 1993), was presented. It was moved by Ybarra, seconded by Gonzales, that Payroll Warrant Register No. 429 be approved and payment authorized for claims and demands totaling $1,526,516.91. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated February 11, 1993, was presented, recommending that the following personnel actions be approved: MERIT STEP INCREASES Lora Lozano, Senior Dispatcher, Step 5 in the Police Department, be granted a merit step increase to Senior Dispatcher, Step 4, with a new monthly base salary of $2916, effective March 21, 1993, based on her satisfactory job performance during the past year. It was moved by Ybarra, seconded by Davis, to grant Lora Lozano a merit step increase to senior Dispatcher, Step 4, effective March 21, 1993. Motion carried. Steven Coday, Police Officer, Step 2, be granted a merit step increase to Police Officer, Step 1, with a new monthly base salary of $3804, effective March 11, 1993, based on his satisfactory job performance during the past year. It was moved by McCormick, seconded by Davis, to grant Steven Coday a merit step increase to Police Officer, Step 1, effective March 11, 1993. Motion carried. Glenn Finley, Police Officer, Step 5, be granted a merit step increase to Police Officer, Step 4, with a new monthly base salary of $3240, effective March 1, 1993, based on his satisfactory job performance during the past six months and in accordance with section 2.5 of the Memorandum of Understanding dated March 1, 1988. It was moved by Ybarra, seconded by Gonzales, to grant Glenn Finley a merit step increase to Police Officer, Step 4, effective March 1, 1993. Motion carried. Stacy Waterfall, Dispatcher, Step 6 in the Police Department, be granted a merit step increase to Dispatcher, Step 5, with a new monthly base salary of $2231, effective March 7, 1993, based on her satisfactory job performance during the past six months. 4601 I I City Council Minutes page 8 February 16, 1993 It was moved by Davis, seconded by Ybarra, to grant stacy Waterfall a merit step increase to Dispatcher, step 5, effective March 7, 1993. Motion carried. Leonard Grossberg, Environmental Health Specialist, Step 5, be grantad a merit step incraase to Environmental Health Specialist, Step 4, with a new monthly base salary of $4242, effective March 7, 1993, based on his satisfactory job performance during the past year. It was moved by Mccormick, seconded by Davis, to grant Leonard Grossberg a merit step increase to Environmental Health Specialist, Step 4, effective March 7, 1993. Motion carried. Kathleen Cano, Account Clerk, Step 5, be granted a merit step increase to Account Clerk, Step 4, with a new monthly base salary of $2473, effective February 7, 1993, based on her satisfactory job performance during the past yaar. It was moved by Gonzales, seconded by Ybarra, to grant Kathleen Cano a merit step increase to Account Clerk, Step 4, effective February 7, 1993. Motion carried. Sharon Capper, Customer Service Representative, Step 2, be granted a merit step increasa to Customer Service Representative, Step 1, with a new monthly base salary of $3242, effective March 7, 1993. It was moved by Davis, saconded by Ybarra, to grant Sharon Capper a merit step increase to Customar Service Representative, step 1, effective March 7, 1993. Motion carried. Anthony Sarrano, Customer Service Representative, Step 5, be granted a merit step increase to Customer Service Representative, Step 4, with a new monthly base salary of $2761, effective March 14, 1993. It was moved by McCormick, seconded by Davis, to grant Anthony Serrano a merit step increase to Customer Service Representative, Step 4, effective March 14, 1993. Motion carried. Matthew Brown, Transcriber/Typist, Step 9 in the Police Department, be granted a merit step increase to Transcriber/Typist, Step 8, with a new monthly base salary of $1900, effective March 7, 1993, based on his satisfactory job performance during the past year. It was moved by Ybarra, seconded by Davis, to grant Matthew Brown a merit step increase to Transcriber/Typist, Step 8, effective March 7, 1993. Motion carriad. John Diaz, System Operator, Step 6 in the Light and Power Department, be granted a merit step increase to system Operator, step 5, with a new monthly base salary of $2858, effective March 7, 1993, based on his satisfactory job performance during the past year. It was moved by Mccormick, seconded by Ybarra, to grant John Diaz a merit step increase to System operator, step 5, effective March 7, 1993. Motion carried. David Alvarez, utility Clerk, Step 6 in the Fire Department, be granted a merit step increase to utility Clerk, Step 5, with a new monthly base salary of $2231, effective March 7, 1993, based on his satisfactory job performance during the past year. It was moved by Gonzales, seconded by Davis, to grant David Alvarez a merit step increase to utility Clerk, Step 5, effective March 7, 1993. Motion carried. 4600 I I k city Council Minutes page 9 February 16, 1993 REIMBURSEMENTS John Diaz, System operator in the Light and Power Department, be reimbursed $269.62 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 Ybarra, seconded by McCormick, to reimburse John Diaz $269.62 from the Education and Training Appropriation Account. Motion carried. Sergio Rodriguez, Water & Power Dispatcher, be reimbursed $196.60 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Los Angeles Mission College related to his position with the city. It was moved by Davis, seconded by Gonzales, to reimburse sergio Rodriguez $196.60 from the Education and Training Appropriation Account. Motion carried. Jesus Martinez, Water & Power Dispatcher, be reimbursed $220.07 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 Mccormick, seconded by Ybarra, to reimburse Jesus Martinez $220.07 from the Education and Training Appropriation Account. Motion carried. Manuel Garcia, Chief Water & Power Dispatcher, be reimbursed $198.64 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Los Angeles Mission College related to his position with the city. It was moved by Ybarra, seconded by Davis, to reimburse Manuel Garcia $198.64 from the Education and Training Appropriation Account. Motion carried. Timothy Blank, Environmental Health specialist, be reimbursed $488.85 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at University of California, Los Angeles, related to his position with the city. It was moved by Gonzales, seconded by Davis, to reimburse Timothy Blank $488.85 from the Education and Training Appropriation Account. Motion carried. Robert Valenzuela, Generation Dispatcher in the Light and Power Department, be reimbursed $187.78 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at East Los Angeles College related to his position with the city. It was moved by McCormick, seconded by Ybarra, to reimburse Robert Valenzuela $187.78 from the Education and Training Appropriation Account. Motion carried. Michael wilson, Firefighter, be reimbursed $71 from the Education and Training Appropriation Account for his satisfactory completion of courses taken at Crafton Hills College related to his position with the City. It was moved by Ybarra, seconded by Davis, to reimburse Michael Wilson $71 from the Education and Training Appropriation Account. Motion carried. 4599 I I City Council Minutes page 10 February 16, 1993 RESIGNATION The resignation of Pres Sanchez, utilityman in the Community Services Department, be accepted effective December 31, 1992. It was moved by Gonzales, seconded by Ybarra, to accept the resignation of Pres Sanchez effective December 31, 1992. Motion carried. DISCIPLINARY ACTION Consideration of disciplinary action - utilityman Juan Garcia. The City Clerk advised the council that the matter of disciplinary action should be deferred to Closed Session later this date. The Mayor called a recess at 5:44 p.m. The Council reconvened in regular session at 5:45p.m., all members present before the recess again being present. It was moved by Ybarra, seconded by McCormick, that the Council go into Closed Session, Personnel, pursuant to Government Code Section 54957, the time being 5:46 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, city Attorney and the Director of Community Services. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session, Personnel, and resume regular session, the time being 5:56 p.m. Motion carried. Consideration of disciplinary action - utilityman Juan Garcia. It was moved by Davis, seconded by Ybarra, that utilityman Juan Garcia be suspended four days without pay. carried. Motion that the pursuant It was moved by McCormick, seconded by Ybarra, Council go into Closed Session, Attorney/Client Privilege, to Government Code Sections 54956.9(a), 54956.9(b) (1) and 54956.9(c), the time being 6 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk and the City Attorney. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. The Mayor was excluded from Closed Session at 6:04 p.m. Councilman Davis was excluded from Closed Session at 6:07 p.m. The Mayor returned to Closed Session and assumed the chair of the meeting at 6:08 p.m. Councilman Davis returned at 6:15 p.m. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session, Attorney/Client Privilege, and resume regular session, the time being 6:16 p.m. Motion carried. 4598 I I City Council Minutes page 11 February 16, 1993 It was moved by Gonzales, seconded by Ybarra, that the City Attorney be authorized to intervene in CPUC Docket Numbers R.92-12-016 and 1.92-12-017, an investigation and rule making in the regulation of gas utilities to avoid uneconomic bypass. Motion carried. Mayor Malburg abstained from voting. 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. A~: _/~ Bruce V. Malkenhorst City Clerk - .~., -, -4tf"&:'-P~4,..~L?<<:-;;7%?,~"L"'-./ft/f-j , Leonis C. Malbu~ ' Mayor 4597