19930406 Regular City Council Meeting - Minutes
MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD APRIL 6,
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, Gonzales, Davis, McCormick
MEMBERS ABSENT: None
The meeting was called to order by Mayor Malburg.
I
It was moved by McCormick, seconded by Ybarra, that
the Minutes of the Adjourned Regular City Council Meeting held
March 23, 1993, be approved as submitted and adopted. Motion
carried.
Mayor Malburg presented Thirty Year Service Pins to
Fire Department Captains Robert Salisbury, Dale Kruse, James Dunn
and Frank Hlifka and extended congratulations on behalf of the
entire City Council.
RESOLUTION NO. 6231 - A Resolution of the City
Council of the City of Vernon Commending Robert Salisbury for His
Many Years of Service to the City of Vernon, was read by the City
Clerk in its entirety and presented by the Mayor to Robert
Salisbury.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 6231 be approved and adopted. Motion carried.
The Mayor called a recess at 5:15 p.m.
The Council reconvened in regular session at 5:20
p.m., all members present before the recess again being present.
Police Department Activity Log for the period March
16 thru 31, 1993, was presented.
It was moved by McCormick, seconded by Davis, that
the Police Department Activity Log for the period March 16 thru
31, 1993, be received and filed. Motion carried.
Fire Department Activity Report for the period March
16 thru 31, 1993, was presented.
It was moved by Ybarra, seconded by Gonzales, that
the Fire Department Activity Report for the period March 16 thru
31, 1993, be received and filed. Motion carried.
The City Clerk stated 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 City Council on any matter listed on
the agenda other than with regard to any Public Hearings that may
be listed.
Valerie Light, a resident on 52nd Street in Maywood,
addressed the Council regarding the Penguin Company located on
Fruitland directly adjacent to the Maywood boundary and the
previous complaints they brought before this Council pertaining
to the noise pollution.
The City Attorney advised Mrs. Light that this was
not a matter presently on the Agenda and that the Council was not
able to take any action or make any decision on this matter at
this time.
4626
----.
-
I
I
City Council Minutes
page 3
April 6, 1993
Communication from Victor H. Vaits, Director of
Community Services, dated March 25, 1993, was presented,
requesting authority and funds for Jerry Schreiber, Senior
Electrical Inspector, to attend the California Building Codes
Institute Non-residential Lighting Seminar in Alhambra on May 10,
1993, with an expense allowance of $83.57.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Jerry Schreiber to attend the California
Building Codes Institute Non-residential Lighting Seminar in
Alhambra on May 10, 1993, with an expense allowance of $83.57.
Motion carried.
Communication from Victor H. Vaits, Director of
Community Services, dated March 30, 1993, was presented,
transmitting a fully executed Easement Deed from Mickey and
Lillian Beckenfeld, for street purposes, for a ten foot strip of
property (approximately 2000 square feet) along the north side of
26th Street, between Santa Fe Avenue and Minerva Street, and
recommending that the deed be accepted and that the certificate
of Acceptance be approved and executed.
It was moved by Gonzales, seconded by Davis, that the
Easement Deed from Mickey and Lillian Beckenfield be accepted and
that the Certificate of Acceptance be approved and executed.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated April 1, 1993, was presented, transmitting the
Agenda for the Personnel Committee Meeting to be held April 5,
1993, 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 5, 1993, be approved as submitted
and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated April 1, 1993, was presented, advising that effective
January 1, 1993, an amendment to California Government Code
Section 12950 requires employers to distribute to all employees
detailed information on preventing sexual harassment. The City
Attorney has prepared a Sexual Harassment Policy which formalizes
Vernon's commitment to compliance with the law, and it is hereby
recommended that said Policy be approved.
It was moved by Ybarra, seconded by Davis, that the
communication from the City Clerk dated April 1, 1993 be received
and filed, and that his recommendation be approved. Motion
carried.
RESOLUTION NO. 6232 - A Resolution of the City
Council of the City of Vernon Adopting a Policy to Prevent Sexual
Harassment, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 6232 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 860 covering claims and demands
presented during the period of March 19 thru April 1, 1993, drawn
on the First Interstate Bank totaling $219,363.52, which includes
Demand Nos. 41302 thru 41494 (inclusive), excluding Light & Power
Demands and Void Demand Nos. 41351 thru 41353 (accounting period
April, 1993), was examined and audited.
It was moved by Davis, seconded by Gonzales, that
Warrant Register No. 860 be approved and payment authorized for
claims and demands totaling $219,363.52, excluding Light and
Power Demands. Motion carried.
4624
I
I
City Council Minutes
page 4
April 6, 1993
WARRANT REGISTER NO. 860 covering claims and demands
presented during the period of March 19 thru April 1, 1993, drawn
on the First Interstate Bank totaling $3,204,666.46, which
includes Light & Power Demand Nos. as listed below, (accounting
period April, 1993), was examined and audited:
41306 41318 41341 41371 41403 41419 41446
41310 41320 41342 41376 41404 41423 41448
41312 41322 41344 41379 41405 41429 41466
41315 41323 41348 41381 41412 41440 41469
41316 41327 41356 41382 41415 41442 41473
41317 41328 41362 41394 41416 41445 41482
41486
It was moved by Ybarra, seconded by McCormick, that
Warrant Register No. 860 be approved and payment authorized for
claims and demands totaling $3,204,666.46. 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.
Consideration of approval for staff to file with the
Los Angeles County Transportation Commission the Flexible
Congestion Relief Application in connection with the Slauson
Avenue/7l0 Freeway Interchange for the development of
construction documents, and approval to initially assume costs
for funding in the amount of $600,000.
It was moved by Gonzales, seconded by Ybarra, to
authorize staff to file the Flexible Congestion Relief
Application with the Los Angeles County Transportation Commission
in connection with the Slauson Avenue/710 Freeway Interchange,
and approve initially assuming costs in the amount of
approximately $600,000 for funding for the development of
construction documents. Motion carried.
Consideration of a Letter Agreement between the
Bonneville Power Administration (BPA) and the City of Vernon.
David B. Brearley, City Attorney, addressed the
Council and briefly summarized this matter.
Kenneth J. DeDario, Director of Light and Power, also
addressed the Council and briefly summarized this matter.
It was moved by McCormick, seconded by Davis, that
the Letter Agreement between the Bonneville Power Administration
(BPA) and the City of Vernon be approved and executed. 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.
RESOLUTION NO. 6233 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Letter Agreement, Contract No. DE-MS79-93BP940l5,
Providing for a Seasonal Exchange of Capacity and Associated
Energy with Bonneville Power Administration ("BPA"), was
presented.
It was moved by Gonzales, seconded by Ybarra, that
Resolution No. 6233 be approved and adopted. 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.
The Mayor called a recess at 6:09 p.m.
The Council reconvened in regular session at 6:10
p.m., all members present before the recess again being present.
4623
I
I
City Council Minutes
page 5
April 6, 1993
Consideration of disciplinary action(s).
It was moved by McCormick, seconded by Ybarra, that
the Council go into Closed Session, Personnel, pursuant to
Government Code Section 54957, the time being 6:11 p.m. Motion
carried.
All persons were excluded from Closed Session with
the exception of the City Clerk, City Attorney, Chief of POlice,
Police Captain, and Police Officer Norman Lindstrom.
The Mayor ordered all communications to and from
Closed Session deemed privileged and confidential.
Officer Lindstrom was excused at 6:23 p.m.
The Chief of Police and Captain were excused at 6:30
p.m.
It was moved by McCormick, seconded by Ybarra, to go
out of Closed Session, Personnel, and resume regular session, the
time being 6:44 p.m. Motion carried
It was moved by McCormick, seconded by Ybarra, that
Officer Norman Lindstrom be terminated effective at the close of
this business day. Motion carried.
It was moved by Davis, seconded by Gonzales, 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 6:45 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.
Mayor Malburg was excused from Closed Session at 6:50
p.m.
Mayor Malburg resumed his seat at 6:55 p.m.
Councilman Davis was excused from Closed Session at
6:55 p.m.
Councilman Davis resumed his seat on the Council at
6:58 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 7 p.m. Motion
carried.
It was moved by Gonzales, seconded by Ybarra, that
the settlement by and between Business Software Alliance ("BSA")
and the City of Vernon be approved and the Mayor be authorized to
execute said settlement agreement. Motion carried.
There being no further business to come before the
Council at this time, it was moved by McCormick, seconded by
Davis, that the meeting adjourn. Motion carried.
~p~~~~L~~;
:?' ,Leonis C. Malb g, May r
-'-'
ATTE~
/2-
Bruce V. Malkenhorst, City Clerk
4622'