20030625 Regular City Council Meeting - MinutesMINUTES OF THE REGULAR CITY COUNCIL
MEETING OF THE CITY OF VERNON HELD
JUNE 25, 2003, AT 4:30 P.M. IN THE
COUNCIL CHAMBERS OF THE CITY HALL
LOCATED AT 4305 SANTA FE AVENUE,
VERNON, CALIFORNIA
MEMBERS PRESENT: Malburg, Ybarra, McCormick
MEMBERS ABSENT: Gonzales, Davis
The meeting was called to order by Mayor Malburg.
It was moved by McCormick, seconded by Ybarra, that
the Minutes of the Regular City Council Meeting held June 18,
2003, be approved and adopted as submitted. Motion carried.
The City Clerk announced that now was the time for
anyone in the audience who wished to address the City Council on
any item 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 at this time on.
There was no one wishing to address the City Council
at this time.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 11, 2003, was presented,
advising that on June 3, 2003, the Finance Committee,
recommended to approve the purchase and installation of nine
single head radios and three sets of David Clark parts for the
Fire Department from KR Nida Corporation (Nida) at an
approximate cost of $42,435.36. The City Attorney has finalized
the Equipment Purchase Contract and it is hereby recommended
that the contract with Nida be approved and executed. (Deferred
from City Council Meeting held June 18, 2003.)
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the City
Administrator/City Clerk, dated June 11, 2003, be received and
filed and his recommendation approved. Motion carried.
RESOLUTION NO. 8219 - A Resolution of the City Council
of the City of Vernon Approving and Adopting an Equipment
Purchase Contract By and Between the City of Vernon and K.R.
Nida Corporation. (Deferred from City Council Meeting held June
18, 2003.), was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8219 be approved and adopted. Motion carried.
The City Clerk announced that it was time to open the
public hearing to consider the establishment of a filing fee for
an Adult or Sexually Oriented Business Permit and for an Adult
or Sexually Oriented Business Employee Permit pursuant to
Chapter 5 Article VI of the Vernon Municipal Code.
Adjourned City Council Meeting Minutes
June 25, 2003
It was moved by McCormick, seconded by Ybarra, to open
the public hearing to consider the establishment of a filing fee
for an Adult or Sexually Oriented Business Permit and for an
Adult or Sexually Oriented Business Employee Permit pursuant to
Chapter 5 Article VI of the Vernon Municipal Code, the time
being 5:00 p.m. Motion carried.
The City Attorney addressed the City Council and
briefly summarized this matter for them.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 19, 2003, was presented,
advising that on May 21, 2003, Ordinance No. 1094 was adopted,
which established zoning and business permit regulations on
adult or sexually oriented businesses. At this time the
Community Services and Water Department is requesting that
Resolution No. 8232 be approved and adopted to establish an
Application -filing fee and an Employee Permit Application -filing
fee.
This has been reviewed by the City Attorney. It is hereby
recommended that Resolution No. 8232 be approved to establish an
Application -Filing Fee of $1,000.00 for adult or sexually
oriented business permits and an Employee Permit Application -
Filing Fee of $250.00 for an adult or sexually oriented business
employee permit.
The Mayor asked if there were any questions and no one
in the audience wished to address this issue.
It was moved by McCormick, seconded by Ybarra, to
close the public hearing to consider the establishment of a
filing fee for an Adult or Sexually Oriented Business Permit and
for an Adult or Sexually Oriented Business Employee Permit
pursuant to Chapter 5 Article VI of the Vernon Municipal Code,
the time being 5:07 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the aforementioned communication from the City
Administrator/City Clerk, dated June 19, 2003, and any and all
supporting documents submitted as evidence during the public
hearing be received and filed; and, his recommendation be
approved. Motion carried.
RESOLUTION NO. 8232 - A Resolution Of The City Council
Of The City Of Vernon Establishing and Adopting Fees Regarding
Adult Or Sexually Oriented Businesses Or Similar Businesses, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8232 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated June 18, 2003, was presented, transmitting the
Minutes for the Adjourned Finance Committee Meeting held on June
16 2003, for approval of the recommendations contained therein.
Page 2 of 7
Adjourned City Council Meeting Minutes
June 25, 2003
It was moved by Ybarra, seconded by McCormick, that
the recommendations on the minutes of the Adjourned Finance
Committee Meeting held June 16, 2003, be approved as written.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated June 18, 2003, was presented, transmitting the
Minutes for the Adjourned Finance Committee Meeting held on June
18, 2003, for approval of the recommendations contained therein.
It was moved by Ybarra, seconded by McCormick, that
the recommendations on the Minutes of the Adjourned Finance
Committee Meeting held June 18, 2003, be approved as written.
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated June 18, 2003, was presented, transmitting the
Agenda for the Adjourned Finance Committee Meeting to be held on
June 24, 2003, for approval of the recommendations contained
therein.
It was moved by Ybarra, seconded by McCormick, that
the recommendations on the Agenda of the Adjourned Finance
Committee Meeting held June 24, 2003, be approved. Motion
carried.
RESOLUTION NO. 8233 - A Resolution Of The City Council
Of The City Of Vernon Approving and Ratifying the Execution of
Self -Funded Renewal Terms and Conditions By and Between the City
of Vernon and United of Omaha Life Insurance Company, was
presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8233 be approved and adopted. Motion carried.
RESOLUTION NO. 8234 - A Resolution Of The City Council
Of The City Of Vernon Approving and Ratifying the Execution of a
Fees Authorization Regarding Capital Asset and Infrastructure
Appraisal Services with Maximus, Inc., was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8234 be approved and adopted. Motion carried.
The City Clerk announced that it was time to open the
public hearing to consider adoption of the proposed budget for
fiscal year 2003-2004.
It was moved by McCormick, seconded by Ybarra, to open
the public hearing to consider adoption of the proposed budget
for fiscal year 2003-2004, the time being 5:10 p.m. Motion
carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 18, 2003, was presented,
advising that the Finance Committee has completed their review
of the proposed budget for fiscal year 2003-2004. Submitted
herewith are the Notice of Public Hearing and Affidavit of
Posting. It is hereby recommended that the proposed budget be
approved and a Resolution adopted.
Page 3 of 7
Adjourned City Council Meeting Minutes
June 25, 2003
The Mayor asked if there were any questions and anyone
in the audience wished to address this issue.
There was no one present who wished to address the
City Council on this matter.
It was moved by McCormick, seconded by Ybarra, to
close the public hearing to consider adoption of the proposed
budget for fiscal year 2003-2004, the time being 5:13 p.m.
Motion carried.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned communication from the City
Administrator/City Clerk, dated June 18, 2003, and any and all
supporting documents submitted as evidence during the public
hearing be received and filed; and, his recommendation be
approved. Motion carried.
RESOLUTION NO. 8226 - A Resolution Of The City Council
Of The City Of Vernon Establishing A General Government
Appropriations Limit For The Fiscal Year Ending June 30, 2003
Pursuant To Government Code Section 7910, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8226 be approved and adopted. Motion carried.
RESOLUTION NO. 8227 - A Resolution Of The City Council
Of The City Of Vernon Approving A Budget For The Fiscal Year
2003-2004, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8227 be approved and adopted. Motion carried.
RESOLUTION NO. 8228 - A Resolution Of The City Council
Of The City Of Vernon Fixing The Compensation For Certain
Employees Of Said City As Of July 1, 2003, Authorizing Certain
Expense Allowances And Repealing All Resolutions In Conflict
Therewith, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 8228 be approved and adopted.
RESOLUTION NO. 8229 - A Resolution Of The City Council
Of The City Of Vernon Making Appropriations For The Operating
Costs Of The Redevelopment Agency Of The City Of Vernon For The
Fiscal Year 2003-2004, And Confirming The Availability Of Loans
Pertaining Thereto, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8229 be approved and adopted. Motion carried.
RESOLUTION NO. 8230 - A Resolution of the City Council
of the City of Vernon Approving the Payment of Premiums for
Insurance for Life, Health and Dental Benefits for Employees
During the 2003-2004 Fiscal Year, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8230 be approved and adopted. Motion carried.
Page 4 of 7
Adjourned City Council Meeting Minutes
June 25, 2003
RESOLUTION NO. 8231 - A Resolution Of The City Council
Of The City Of Vernon Approving The Continued Payment Of
Premiums For Medical -Dental Insurance For Certain Categories Of
Retired Employees During The 2003-2004 Fiscal Year, was
presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 8231 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 18, 2003, was presented,
requesting authority and funds for himself to attend the "League
of California Cities - 2003 Annual Conference" at Sacramento on
September 7 through 10, 2003, with an expense allowance of
$865.00.
It was moved by McCormick, seconded by Ybarra, that
authority and funds be approved for the City Administrator/City
Clerk to attend the aforementioned conference with an expense
allowance of $865.00. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 19, 2003, was presented,
requesting authority and funds for City Attorney Eduardo Olivo
to attend the "League of California Cities - 2003 Annual
Conference" at Sacramento on September 7 through 10, 2003, with
an expense allowance of $1,399.25.
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for the City Attorney to attend
the aforementioned conference with an expense allowance of
$1,399.25. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 19, 2003, was presented,
requesting authority and funds for the below listed councilmen
to attend the "League of California Cities - 2003 Annual
Conference" at Sacramento on September 7 through 10, 2003, with
an expense allowance of $1,349.25 each.
• Leonis C. Malburg, Mayor
• Thomas Ybarra, Mayor Pro-Tem
• William Davis, Councilman
• Hilario "Larry" Gonzales, Councilman
• Michael W. McCormick, Councilman
It was moved by Ybarra, seconded by McCormick, that
authority and funds be approved for the listed councilmen to
attend the aforementioned conference with an expense allowance
of $1,349.25 each. Motion carried.
Communication from Bruce V. Malkenhorst, City
Administrator/City Clerk, dated June 19, 2003, was presented,
requesting authority and funds for the below listed personnel to
attend the "League of California Cities - 2003 Annual
Conference" at Sacramento on September 7 through 10, 2003, with
an expense allowance of $1,286.75 each.
Page 5 of 7
Adjourned City Council Meeting Minutes
June 25, 2003
• Bruce Olson, Chief of Police
• Steven Parker, Fire Chief
It was moved by McCormick, seconded by Ybarra, that
authority and funds be approved for the above mentioned to
attend the aforementioned conference with an expense allowance
of $1,286.75. Motion carried.
The Mayor called a short recess at 5:15 p.m.
The City Council reconvened in regular session at 5:18
p.m., all members present before the recess again being present.
The City Clerk advised that now was the time to go
into closed session on Item Nos. 1, 2, 3, and 4.
It was moved by McCormick, seconded by Ybarra, that
the City Council go into closed session on Item Nos. 1, 2, 3,
and 4 the time being 5:20 p.m. Motion carried.
All persons were excluded from closed session with the
exception of the City Administrator/City Clerk, City Attorney,
and the Chief Deputy City Clerk.
The Mayor ordered all communications to and from
closed session deemed privileged and confidential.
1. With respect to every item of business to be
discussed in Closed Session pursuant to Government Code Section
54957.
a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
b. EMPLOYEE PERFORMANCE EVALUATION
2. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code Section 54957.
a. Conference with Labor Negotiator
Agency negotiator: City Administrator
Unrepresented classification(s)
3. With respect to every item of business to be
discussed in closed session pursuant to subdivision (a) of
Government Code 54956.9.
CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(a) The Burlinqton Northern and Santa Fe Railway Company
v. City of Vernon; USDC No. CV-00-12891 NM (AJWx);
(b) Jessica Rodriguez v. Vernon; WCAB Case No. Unassigned;
(c) Enron Power Marketing Inc. v. Vernon; USBC Adversary
Proceeding No. 03-03131 (AJG);
(d) Vernon v. SoCalGas, El Paso Natural Gas, et al., Case
No. BC 265905;
Page 6 of 7
Adjourned City Council Meeting Minutes
June 25, 2003
4. With respect to every item of business to be
discussed in closed session pursuant to subdivision (c) of
Government Code 54956.9.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Initiation of litigation: One (1) potential case.
It was moved by McCormick, seconded by Ybarra, that the
City Council go out of closed session and resume regular session,
the time being 5:28 p.m. Motion carried.
It was moved by McCormick, seconded by Ybarra, that
the liability claim of Square-H Brands, Inc., be denied. Motion
carried.
It was moved by Ybarra, seconded by McCormick, that the
Liability Claim of California Highway Patrol be approved and the
Release of All Claims be accepted in the amount of $1,464.70.
Motion carried.
It was moved by McCormick, seconded by Ybarra, that
Thursday, July 3, 2003, be deemed an additional holiday in
observance of the legal holiday of Independence Day for all
miscellaneous and non -emergency personnel as long as it does not
have an adverse effect on the operations of the City. Motion
carried.
There being no further business to come before the City
Council at this time, it was moved by Ybarra, seconded by
McCormick, that the meeting be adjourned. Motion carried.
ATTEST:
Bruce V. Malkenhorst
City Clerk
` eonis C. MAslburg
Mayor
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