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19870317 Regular City Council Meeting - Minutes 283079 MINUTES OF A REGULAR CITY COUNCIL MEETING , HELD MARCH 17, 1987 AT 4:45 P.M. IN THE CITY COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Davis, Gonzales, McCormick MEMBERS ABSENT: Malburg The meeting was called to order by Mayor Pro-tern Ybarra. Minutes of the City Council meeting held March 3, 1987, were presented. I It was moved by Davis, seconded by Gonzales, that the minutes of the City Council meeting held March 3, 1987, be deferred. Motion carried. At this time the Mayor Pro-tern asked if anyone wished to address the City Council regarding any items listed on today's agenda. Ms. Barbara Mantel, Sales Service Manager of Pfizer, Inc., came before the council to address the matter of the letter from Pfizer, Inc., and their objection to the median being placed on Bandini Blvd., just west of the Long Beach Freeway offramp which would prohibit left hand turns onto Ayers Avenue. Ms. Mantel asked the Council to reconsider their plans to construct such a median. At this time there were no other persons who came before the Council to address items of interest that were on the Agenda. Police Department Activity Report for the period of March 1, thru 15, 1987. It was moved by McCormick, seconded by Davis, that the Police Department Activity Report for the period of March 1 thru 15, 1987, be deferred. Motion carried. Fire Department Activity Report for the period of March 1 thru 15, 1987, was presented. It was moved by Gonzales, seconded by McCormick, that the Fire Department Activity Report for the period of March 1 thru 15, 1987, be received and filed. Motion carried. Health Department Report for the month of February 1987, was presented. It was moved by Davis, seconded by Gonzales, that the Health Department Report for the month of February, 1987, be received and filed. Motion carried. I Communication from David G. Hansen, Western Area Sales Manager of Pfizer, Inc., located at 2800 Ayers Avenues, Vernon, dated March 9, 1987, was presented, advising of Pfizer's objection to the median being placed on Bandini Blvd., and the intent of the City of prohibit left hand turns onto Ayers; and requesting the City take action in revising this plan. It was moved by Gonzales, seconded by Davis, that the afore- mentioned communication from David G. Hansen, be received and filed. Motion carried. At this time it was moved by McCormick, seconded by Gonzales, that the Public Hearing to consider an application for a conditional use permit for a hazardous waste incinerator at 3691 Bandini Blvd, be opened the time being 5:10 P.M. Motion carried. The following persons came before the Council advising of their support of hazardous waste incinerator to be located at 3691 Bandini Blvd.: 00144 I I 28308,0 City Council Minutes Page 2 March 17, 1987 Mr. Kieran D. Bergin of the Los Angeles County Sanitation District, Mr. John Hinton of the State Health Department, Mr. Cecil Ransom Environmental Coordinator for Toyota, Mr. Ron Wilkins, Environmental Coordinator for Mobil Oil. Dolores Petullo Vernon Chamber of Commerce Olivia Elam of R & R Industrial Waste Haulers, Inc. Communication from Victor Vaits, Director of Community Services, dated March 10, 1987, was presented, regarding the application for a conditional use permit by Mr. Donald B. Bright, representing California Thermal Treatment Service, a wholly owned subsidiary of Security Environmental Systems Inc., for a hazardous waste incinerator at 3691 Bandini Blvd., submitting the following .supporting documents and exhibits; 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. Notice of Intent to adopt a Negative Declaration and affidavits of posting and mailing. 4. Environmental information form. 5. Engineer's report. Mr. Vaits advises that it is his oplnlon that the proposed operation will not pose adverse effects to the City of Vernon or any other sur- rounding area. The project is consistent with the City's General Plan and will not have a significant effect on the environment, and no mitigating measures are required. Mr. Vaits recommends that the City Council adopt a Negative Declaration for the Application for a Conditional Use Permit which will provide for a hazardous waste incinerator at 3691 Bandini Blvd., determining that the project will not have a significant effect on the environment. Mr. Vaits also recommends that a conditional use permit be granted based on the following conditions: 1. The facility shall be constructed and operated in accordance with the appropriate codes, rules, regulations and permit fees as adopted by the City of Vernon and all Federal, State or local control agencies. 2. The facility shall employ and maintain an emergency response team for the purpose of responding to any spills on City streets of substances designated for processing at the facility. The emergency operations plan shall be approved by the City Health and Fire Departments. 3. Existing structures on the site must meet all current Uniform code requirements as adopted by the City of Vernon. 4. The facility shall be designed to be architecturally pleasing and the architectural plans shall be approved by the Director of Community Services. 001444 283081 City Council Minutes Page 3 March 17, 1987 5. A m1n1mum of 5% of the property shall be landscaped as approved by the Director of Community Services. 6. The project site shall be fenced with a minimum 8 foot high block wall fence. 7. A 12 inch water main shall be constructed from the existing City main in Bandini Boulevard to the east end of the property with fire hydrants at 300 foot intervals. I 8. Street 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. 9. The street and water main construction shall be concurrent with the construction of the facility. 10. All areas subject to a possible spill must be paved with Portland Cement Concrete. 11. Prior to construction approval must be secured from the Regional Water Quality Control Board, for any surface drainage water that enters the storm drain system. 12. All subject to the approval of the South Coast Air Quality Management District, County Sanitation District and California Department of Health Services, all secured prior to construction. It was moved by McCormick, seconded by Davis, that the Public Hearing be closed, the time being 5:35 P.M. Based on the information submitted during the Public Hearing it was moved by Gonzales, seconded by McCormick, that the aforemen- tioned communication from Victor Vaits regarding the proposed hazardous waste incinerator at 3691 Bandini Blvd., the supporting documents, exhibits and Engineer's Report as presented by him, be accepted as evidence. Motion carried. It was moved by McCormick, seconded by Davis, that based on the evidence presented during the Public Hearing a Negative Declaration for the hazardous waste incinerator at 3691 Banindi Blvd., be adopted. Motion carried. I It was moved by Davis, seconded by McCormick, that based on the evidence presented during the Public Hearing that the proposed Conditional Use Permit is consistent with the General Plan. Motion carried. It was moved by Gonzales, seconded by Davis, that a Conditional Use Permit be granted, for a waste incinerator located at 3691 Bandini Blvd., subject to the below listed conditions: Motion carried. 1. The facility shall be constructed and operated in accordance with the appropriate codes, rules, regulations and permit fees as adopted by the City of Vernon and all Federal, State or local control agencies. 2. The facility shall employ and maintain an emergency response team for the purpose of responding to any spills on City streets of substances designated for processing at the facility. The emergency operations plan shall be approved by the City Health and Fire Departments. 001445 I I City Council Minutes Page 4 283082 March 17, 1987 3. Existing structures on the site must meet all current Uniform code requirements as adopted by the City of Vernon. 4. The facility shall be designed to be architecturally pleasing and the architectural plans shall be approved by the Director of Community Services. 5. A minimum of 5% of the property shall be landscaped as approved by the Director of Community Services. 6. The project site shall be fenced with a minimum 8 foot high block wall fence. 7. A 12 inch water main shall be constructed from the existing City main in Bandini Boulevard to the east end of the property with fire hydrants at 300 foot intervals. 8. Street 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 9. The street and water main construction shall be concurrent with the construction of the facility. 10. All areas subject to a possible spill must be paved with Portland Cement Concrete. 11. Prior to construction approval must be secured from the Regional Water Quality Control Board, for any surface drainage water that enters the storm drain system. 12. All subject to the approval of the South Coast Air Quality Management District, County Sanitation District and California Department of Health Services, all secured prior to construction. It was moved by McCormick, seconded by Gonzales, that the Public Hearing to consider an application for a Conditional Use Permit for a Hazardous Waste Treatment and Storage facility at 3165 Slauson Avenue, the time being 5:35 P.M, be opened. Motion carried. Mr. Martin Smith, project manager of the facility, came before the Council and gave a brief report of the proposed facility and advised that he would be available for any questions which the Council might have. Communication from Victor Vaits, Director of Community Services, dated March 11, 1987, was presented, regarding the application for a conditional use permit by Chern-Clear Inc., to operate a hazardous waste treatment and storage facility at 3165 Slauson Avenue, submitting the following documents and exhibits: 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. Notice of Intent to adopt a Negative Declaration and affidavits of posting and mailing. 4. Environmental information form. 5. Engineer's report. 001446 283083 City Council Minutes Page 5 March 17, 1987 Mr. Vaits advises that it is his opinion that the proposed facility will pose no adverse effects to the City of Vernon or any other surrounding area. The project is consistent with the City's General plan and will not have a significant effect on the environment, and no mitigating measures are required. Mr. Vaits recommends that the City Council adopt a Negative Declaration for the Application for a Conditional Use Permit to operate a hazardous waste treatment and storage facility at 3165 Slauson Avenue, determining that the project will not have a significant effect on the environment. I Mr. Vaits also recommends that the conditional use permit be granted based on the following conditions: 1. The facility shall be constructed and operated in accordance with the appropriate codes, rules regulations and permit fees as adopted by the City of Vernon and all Federal, State or local control agencies. 2. The facility shall employ and maintain an emergency response team for the purpose of responding to any spills on City streets of substances designated for processing at the facility. The emergency operations plan shall be approved by the City Health and Fire Departments. 3. Existing structures on the site must meet all current uniform code requirements as adopted by the City of Vernon. 4. The facility shall be designed to be architecturally pleasing and the architectural plans shall be approved by the Director of Community Services. 5. The property shall be landscaped as approved by the Director of Community Services 6. The project site shall be fenced with a minimum 8 foot high block wall fence. 7. All areas subject to a possible spill must be paved with Portland Cement Concrete. 8. Prior to construction, approval must be secured from Regional Water Quality Control Board, for any surface drainage water that enters the storm drain system. I 9. All subject to the approval of the South Coast Air Quality Management District, County sanitation District and California Department of Health Services, all secured prior to construction. The previous speakers at the previous Public Hearing indicated that the comments were offered for this proposed Conditional Use Permit as well. It was moved by Gonzales, seconded by McCormick, that the Public Hearing be closed, the time being 5:45 P.M. Motion carried. Based on the information submitted during the public hearing, it was moved by McCormick, seconded by Davis, that the aforementioned communication from Victor Vaits, regarding the proposed hazardous waste treatment and storage facility at 3165 Slauson Avenue, in addition to the supporting documents, exhibits and Engineer's Report as presented by him, be received as evidence. Motion carried. It was moved by Gonzales, seconded by McCormick, that based on the information presented during the Public Hearing a Negative 00144'( I I 283084 City Council Minutes Page 6 March 17, 1987 Declaration for a hazardous waste treatment and storage facility at 3165 Slauson Avenue be adopted. Motion carried. It was moved by Davis, seconded by Gonzales, that based on the evidence presented during the Public Hearing that the proposed Conditional Use Permit is consistent with the General Plan. Motion carried. It was moved by McCormick, seconded by Gonzales, that a Conditional Use Permit be granted, allowing for hazardous waste treatment and storage facility at 3165 Slauson Avenue subject to the below listed conditions: Motion carried. 1. The facility shall be constructed and operated in accordance with the appropriate codes, rules regulations and permit fees as adopted by the City of Vernon and all Federal, State or local control agencies. 2. The facility shall employ and maintain an emergency response team for the purpose of responding to any spills on City streets of substances designated for processing at the facility. The emergency operations plan shall be approved by the City Health and Fire Departments. 3. Existing structures on the site must meet all current uniform code requirements as adopted by the City of Vernon. 4. The facility shall be designed to be architecturally pleasing and the architectural plans shall be approved by the Director of Community Services. 5. The property shall be landscaped as approved by the Director of Community Services 6. The project site shall be fenced with a minimum 8 foot high block wall fence. 7. All areas subject to a possible spill must be paved with Portland Cement Concrete. 8. Prior to construction, approval must be secured from Regional Water Quality Control Board, for any surface drainage water that enters the storm drain system. 9. All subject to the approval of the South Coast Air Quality Management District, County sanitation District and California Department of Health Services, all secured prior to construction. RESOLUTION NO. 5377 - A Resolution of the City Council of the City of Vernon Paying Tribute to Harvey Maitland Brown on His 99th Birthday, was presented. It was moved by Gonzales, seconded by McCormick, that the Resolution No. 5377 be approved and adopted. Motion carried. Consideration of a release agreement with Western Area Power Administration relating to the allocation of capacity and energy to Vernon pursuant to the Boulder Canyon Project Act. Staff reviewed said release agreement respecting the Boulder Canyon project request and recommends approval of same, and the adoption of the following resolution: RESOLUTION NO. 5378 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Release Agreement Between the Western Area Power Administration and the city of Vernon Relating to the Allocation of Capacity and 001448 283085 City Council Minutes Page 7 March 17, 1987 Energy to Vernon Pursuant to the Boulder Canyon Project Act, was presented. It was moved by Gonzales, seconded by McCormick, that the Release Agreement be approved and Resolution No. 5378 be approved and adopted. Motion carried. I Warrant Register No. 713 covering claims and demands presented during the period of March 1 thru 15, 1987, which includes Demand Nos. 12044 thru 12221 (both inclusive) excluding Void Demand Nos. 12072, 12073, 12074, and 12175, and excluding Light & Power Demands drawn on the First Interstate Bank totaling $158,174.89 with no other exceptions. Motion carried. It was moved by McCormick, seconded by Davis, that Warrant Register No. 713 be approved and payment authorized for Demands Nos. 12044 thru 12221 (both inclusive) excluding Void Demands Nos. 12072, 12073, 12074, and 12175, and excluding Light & Power Demands in the amount of $158,174.89 with no other exceptions. Motion carried. Warrant Register No. 713 covering claims and demands presented during the period March 1 thru 15, 1987, which includes Light & Power Demands Nos. as listed below, drawn on First Interstate Bank totaling $3,720,551.01 (accounting period March 1987) was examined and audited: 12049 12068 12120 12179 12052 12069 12125 12188 12053 12070 12135 12193 12062 12071 12150 12220 12064 12105 12156 12066 12112 12176 It was moved by Gonzales, seconded by McCormick, that Warrant Register No. 713 be approved and payment authorized for Light & Power Demand Nos., as listed above, in the amount of $3,720,551.01 with no other exceptions. Motion carried. Councilman Davis abstained from voting on the above motion and disqualified himself because it's reasonably foreseeable that the decision will have a material financial effect on his source of income. Payroll Warrant Register No. 365 covering claims and demands presented during the period of January 18 thru February 14, 1987, which includes Demand Nos. 4702 thru 4722 (both inclusive ) drawn on the First Interstate Bank totaling $766,462.44, was examined and audited. It was moved by McCormick, seconded by Gonzales, that Payroll Warrant Register No. 365 be approved and payment authorized for Demand Nos. 4702 thru 4722 (both inclusive in the amount of $766,462.44, with no exceptions. Motion carried. I Communication from Victor Vaits, Director of Community Services, dated March 11, 1987, was presented, transmitting for consideration Contract No. 474, 49th Street Storm Drain and Pavement and recommending that the contract be approved and authority be granted to advertise for bids. It was moved by Davis, seconded by Gonzales, that the afore- mentioned communication from Victor Vaits, be received and filed. Motion carried. RESOLUTION NO. 5380 - A Resolution of the City Council of the City of Vernon Approving Contract No. 474 and Authorizing Notice Inviting Sealed Proposals or Bids for 49th Street Storm Drain And Pavement (Everett to Loma Vista) In Accordance With Contract No. 474 of the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 5380 be approved and adopted. Motion carried. 001449 I I City Council Minutes Page 8 283086 March 17, 1987 Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 12, 1987, was presented, recommending approval of the personnel actions listed on the attached Agenda for the Personnel Committee to be submitted to the said Committee at its regular scheduled meeting of March 16, 1987. It was moved by Gonzales, seconded by Davis, that the Personnel Committee's recommendations of March 16, 1987 be approved. Motion carried. Communication from Luis Espinoza, Police Chief, dated February 26, 1987, was presented, requesting authority and funds for Elizabeth Sawickis, Records Manager to attend the California Law Enforcement Warrant Officers Association Conference to be held April 3, 1987, from 8:00 A.M. to 5:00 P.M. with an expense allowance of $56.00. It was moved by McCormick, seconded by Davis, that authority be granted to issue Elizabeth Sawickis a warrant in the amount of $56.00 to attend the California Law Enforcement Warrant Officers Association Conference to be held April 3, 1987. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 12, 1987, was presented, advising of receipt of a request from SFI Corporation, located at 4700 Boyle Avenue for a variance from the U~iform Building Code, 1979 Edition, Section 505 Allowable Floor Area"; they are proposing to construct a three (3) story, 10,000 sq. ft. addition to their existing offices. The existing warehouse does not conform to current code requirements per training to allowable area between fire separation walls. This request has been reviewed by the Director of Community Services and the Fire Department, and it is hereby recommended that said variance be granted contingent to the condition that all existing area separation walls be made to conform to the requirements of Uniform Building Codes. It was moved by Gonzales, seconded by McCormick, that the request from SFI Corporation, located at 4700 Boyle Avenue for a variance from the Uniform Building Code, 1979 Edition, Section 505 "Allowable Floor Area", be approved and that a variance be granted based on the condition that all existing area separation walls be made to conform to the requirements of Uniform Building Codes. Motion carried. Communication from Evelene D. Payne, City Administrator of the City of Gridley, dated March 4, 1987, was presented, requesting the City of Vernon's support toward the passage of a Bill thorough the State Legislature which would exempt small cities (under 10,000 population) from the extensive accounting procedures required by local agencies who wish to utilize the alternative bidding procedures of Article 3 (commencing with Section 2120 of the public Contract Code). It was moved by Gonzales, seconded by Davis, that the afore- mentioned communication from Evelene D. Payne, be received and filed. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated March 12, 1987, was presented, recommending that the City execute a Quitclaim Deed to Pfizer Inc., returning to Pfizer Inc., proeprty Pfizer Inc., previously granted to City of Vernon and requesting authority to negotiate for right-of-way on Ayers Avenue, now occupied by street improvements, and letter from Pfizer Inc. protesting the construction of median on Bandini Boulevard. It was moved by McCormick, seconded by Davis, that the afore- mentioned communication from Victor H. Vaits, recommending that the City execute a Quitclaim Deed returning property that Pfizer Inc., granted to City of Vernon, be approved and authority be granted to Victor Vaits to negotiate for right-of-way on Ayers Avenue. Motion carried. 001450 I I 283087 City Council Minutes Page 9 March 17, 1987 RESOLUTION NO. 5379 - A Resolution of the City Council Of The City of Vernon Authorizing the Police Chief to Destroy Certain Police Department Records Pursuant to Sections 34090, 34090.5 and 34090.6 of the Government Code of the State of Califonria, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 5379 be deferred. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated March 12, 1987, was presented, transmitting the Finance Committee Minutes of the meeting held March 9, 1987 for approval of recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the Finance Committee Minutes of the meeting held March 9, 1987, be approved as written and recommendations contained therein be adopted. Motion carried. It was moved by Gonzales, seconded by McCormick, that the City Council recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation, the time being 6:15 p.m. Motion carried. All persons with the exception of the City Clerk and the City Attorney were excluded from Closed Session. The Mayor Pro-tern deemed all communications to and from Closed Session as privileged and confidential. Councilman Davis was excused from Closed Session, the time being 6:20. Councilman Davis resumed his seat on the Council, the time being 6:45 p.m. It was moved by McCormick, seconded by Davis, to go out of Closed Session and resume regular session, the time being 6:46 p.m. There being no further business to come before the Council, it was moved by McCormick, seconded by Davis, that the meeting adjourn. Motion carried. ~?'.~~ Tnomas A. Ybar a Mayor Pro-tern ATTEST: iL- /p1~ Bruce V. Malkenhorst, City Clerk 001451