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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'