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19900327 Regular City Council Meeting - Minutes II II MINUTES OF THE ADJOURNED CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MARCH 27, 1990 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, McCormick, Gonzales, Davis MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by McCormick, seconded by Ybarra, that the minutes of the City Council Meeting held March 20, 1990, be deferred to the next City Council Meeting. Motion carried. Consideration of application from N.I. Industries, Inc. for a Conditional Use Permit for the expansion of volume of off-site wastes accepted at their facility at 5215 Boyle Avenue. (Continued from City Council Meeting held March 20, 1990.) Victor Vaits, Director of Community Services, addressed the City Council and referred to three separate written communications he submitted for the City Council's consideration regarding the approval of the Conditional Use Permit. 1. Written communication from victor Vaits, Director of Community Services, dated March 26, 1990, responding to the following referenced public comments received during the Public Hearing on the Conditional Use Permit for N.I. Industries expansion in volume of off-site wastes, and recommending that a Negative Declaration with mitigating measures be approved for the consideration of the Conditional Use Permit. Written comments: 1. State Department of Health Services, Toxic Substances Control Division 2. Los Angeles Unified School District 3. N.I. Industries Oral comments: 1. Warren Schmuki - representative from Congressman Matthew Martinez's office 2. Frank Vallalobos - Coalition Against the Prison 3. Aurora Castillo - Mothers of East Los Angeles 4. Miguel Mendivil - Staff Aide on behalf of Assemblywoman Lucille Roybal-Allarde 2. Written communication from victor Vaits, Director of Community Services, dated March 27, 1990, transmitting a list of documents which were considered by his department and are submitted as evidence in the City Council's consideration of the N.I. Industries, Inc. Conditional Use Permit application. 3. Written communication from Victor Vaits, Director of Community Services, dated March 27, 1990, recommending that the previously recommended conditions for granting a Conditional Use Permit to N.I. Industries under letter dated March 14, 1990, be substituted with the following conditions: 2062 II II City Council Minutes page 2 March 27, 1990 1. The facility shall be operated in accordance with the appropriate codes, rules, regulations, permit fees and business license 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-site or 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 hazardous waste site must meet all current uniform code requirements as adopted by the City of Vernon. 4. Vehicles hauling hazardous materials to and from the project site shall be limited to the routes shown on attached Exhibit "A". 5. All waste haulers are required to be certified and Department of Transportation (D.O.T.) approved transporters. 6. N.I. Industries shall inform their customers that as a condition of doing business with N.I. Industries, a letter and map must be provided to all waste hauling operators informing them that if any waste hauler is observed outside the designated routes the hauler/driver will be banned from future hauling to N.I. Industries facility. 7. No off-site waste generator is allowed to be a waste treatment customer until the waste to be treated has been fully profiled (to identify its constituents and concentration) and found to be fully treatable. 8. Once the waste has been profiled and found acceptable the customer is allowed to ship, on a hazardous waste manifest with a licensed hauler, the waste to N.I.'s Vernon treatment facility. 9. The waste shipment is not accepted at the treatment facility unless the manifest data matches the profile. The wastes are not unloaded until they have again been sampled and found to conform with the profile. 10. Once the test results and paperwork confirm the treatability of the waste, it is pumped out of the transporter tank and into a holding tank. 11. Only after the waste treatability has been completely confirmed by laboratory test, are the off-site wastes treated, neutralized and separated in clean water and recyclable damp cake containing valuable heavy metals. 12. The facility shall be operated in accordance with the parameters contained in the document entitled "N.I. Industries, Pollution Abatement Facility, Air Emissions Hazard Assessment" which was prepared by ICF Technology, dated March 26, 1990, and attached to said letter, unless modified by permit issued by other agencies. 13. The property shall be landscaped as approved by the Director of Community services. 2063 I I City council Minutes page 3 March 27, 1990 14. All on-site areas subject to a possible spill must be paved with Portland Cement Concrete and surrounded by impervious sidewalls with sufficient capacity to contain spills and to prevent rainwater from carrying pollutants to ground or surface waters. 15. Approval must be secured from Regional Water Quality Control Board for any surface drainage water that enters storm drain system. 16. All necessary permits and approvals must be obtained from applicable federal and state agencies including but not limited to the Los Angeles County Sanitation District and the California Department of Health Services. All permits shall be secured prior to the acceptance of any off-site wastes. 17. A fifty (50) foot curb return with sidewalk and handicap ramp shall be constructed at the northwest corner of Boyle Avenue and 54th Street. Said construction shall also include power pole and catch basin relocation. Sufficient right-of-way shall be deeded to the City for the construction. All cracked or broken curb, gutter, sidewalk, driveway or curb drains shall be repaired as directed by the Director of Community Services. Where parking adjoins a public street a masonry wall not less than 30 inches in height shall be constructed, except at driveways, walkways or where other openings are necessary. 18. N.I. Industries shall indemnify, hold harmless, and defend the City of Vernon, its officers, agents, and employees from and against any and all claims, complaints, or petitions for (1) damages, losses, expenses resulting from bodily injury, sickness, disease, disability or death excluding therefrom any such claim resulting from the gross negligence or intentional wrongdoing of the City of Vernon, its officers, agents or employees; (2) a peremptory writ or other relief by way of injunction, mandamus, or administrative mandamus; or (3) legal expenses and attorney's fees incurred by the City of Vernon or awarded against the City of Vernon on behalf of any party in such a proceeding. The City of Vernon does not waive its right to participate in the defense of any such action. 19. This Conditional Use Permit and its conditions shall be accepted by N.I. Industries, Inc. by a written instrument, executed and acknowledged, filed with the City Clerk within seven (7) days of its approval, stating that the recitals and conditions are correct, and accompanied by a bond or cash in the amount of $100,000 to indemnify the City against any loss, damages, costs, or attorney's fees. If said acceptance and bond or cash are not so filed, this permit shall be null and void and of no effect. Mr. vaits briefly summarized each of the above communications for the City Council. He also advised that some of the new conditions are submitted as mitigation measures in response to comments submitted during the Public Hearing and supersede the conditions previously set forth in the communication, dated March 14, 1990, submitted at the City Council meeting held March 20, 1990. Mr. Vaits further stated that with regard to Condition 19, the following wording should be stricken: ... "and accompanied by a bond or cash in the amount of $100,000 to indemnify the city against any loss, damages, costs, or attorney's fees" because said bond was 2064 I I City Council Minutes page 4 March 27, 1990 not necessary at this time. He also recommended that the last sentence of Condition 19 should read: "If said acceptance is not so filed, this permit shall be null and void and of no effect." David B. Brearley, City Attorney, addressed the City Council with regard to the communications submitted by Mr. Vaits, and the ICF Technology report. Mayor Malburg asked Mr. vaits what streets the trucks would be using. Mr. vaits identified the freeway and streets required by the condition. The Mayor asked if there was anyone in the audience who wished to address the City Council. There was no one present in the audience who wished to address the City Council on this matter. It was moved by McCormick, seconded by Ybarra, that the three written communications and identified attachment submitted by Mr. vaits be received as evidence in the City Council's consideration of N.I. Industries application for a Conditional Use Permit. Motion carried. It was moved by Gonzales, seconded by Davis, that a Negative Declaration relating to N.I. Industries application for a Conditional Use Permit be approved, and that staff be instructed to file it with the County Clerk. Motion carried. RESOLUTION NO. 5730 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Allow N.I. Industries, Inc. to Expand the Volume of Off-site Hazardous Wastes Accepted at its Existing Hazardous Waste Treatment Facility at 5215 Boyle Avenue, was presented. (Continued from City Council Meeting held March 20, 1990.) It was moved by McCormick, seconded by Gonzales, that Resolution No. 5730 be approved and adopted. Motion carried. 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. ........,...IJ?'". A2 ~~~ Bruce V. Malkenhorst City Clerk 2065