19911203 Regular City Council Meeting - Minutes
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MINUTES OF THE CITY COUNCIL MEETING
OF THE CITY OF VERNON HELD DECEMBER
3, 1991 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 Ybarra, seconded by Gonzales that the
minutes of the City Council Meeting held November 19, 1991, be
approved as submitted and adopted. Motion carried.
The City Attorney indicated that Councilman Davis had
voted to approve Warrant Register No. 827 (which included Light &
Power Demands) during the November 19, 1991 Council Meeting
because of the absence of two (2) councilmembers which created a
lack of quorum for voting on payment of bills. The City Attorney
therefore requested that the councilmen present, excluding
Councilman Davis, ratify the previous motion approving the
payment of Warrant Register No. 827 (which included Light & Power
Demands).
It was moved by Ybarra, seconded by Gonzales, that
the vote approving Warrant Register No. 827 (which included Light
& Power Demands) is hereby ratified. Motion carried.
AYES:
Absent:
Abstain:
Malburg, Ybarra, McCormick, Gonzales
None
Davis
RESOLUTION NO. 6001 - A Resolution of the City
Council of the City of Vernon Approving and Ratifying the
Execution of a Side Letter Agreement By and Between the Municipal
Employee Relations Representative and the Vernon Police Officers'
Benefit Association (VPOBA") (Employee Group 2) Providing for the
Implementation of an Experimental 4/10 Plan. (Deferred from the
City Council Meeting held November 19, 1991).
It was moved by McCormick, seconded by Davis, that
Resolution No. 6001 be deferred to the next City Council Meeting
to be held December 17, 1991. Motion carried.
Police Department Activity Log for the period
November 16 thru 30, 1991, was presented.
It was moved by Davis, seconded by Gonzales, that the
Police Department Activity Log for the period November 16 thru
30, 1991, be received and filed. Motion carried.
Fire Department Activity Report for the period
November 16 thru 30, 1991, was presented.
It was moved by McCormick, seconded by Ybarra, that
the Fire Department Activity Report for the period November 16
thru 30, 1991, be received and filed. Motion carried.
At this time, the Mayor asked if there was anyone in
the audience who wished to address the Council on any matter
listed on the Agenda other than with regard to any Public Hearing
that may be listed.
There was no one in the audience who wished to
address the City Council on any matter on the Agenda at this
time.
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December 3, 1991
It was moved by Ybarra, seconded by Mccormick, to
open the Public Hearing to consider an application for a
Conditional Use Permit from united Parcel Service to operate a
truck terminal at property located at 3768 26th Street, the time
being 5:25 p.m. Motion carried.
Victor Vaits, Director of Community Services,
addressed the City Council and briefly summarized this matter.
Communication from victor H. Vaits, Director of
Community Services, dated November 25, 1991, was presented,
advising that United Parcel Service has applied for a Conditional
Use Permit to operate a truck terminal at 3768 26th Street and
transmitting the following supporting documents:
1. Request for a Conditional Use Permit and
information supporting the permit application.
2. Notice of Public Hearing, copies of notification
letters to owners and tenants in the area, and
affidavits of posting and mailing.
3. Environmental Information Form.
4. Engineer's Report.
United Parcel Service's operation was found to be categorically
exempt from the california Environmental Quality Act process
since they will be using an existing truck terminal and the
facility is not being expanded. It is the opinion of the
Director of Community Services that the proposed operation will
pose no adverse effects to the City of Vernon and will not have a
significant effect on the environment, and no mitigating measures
are required. It is hereby recommended that the City Council
find that: (1) the proposed use is categorically exempt from the
California Environmental Quality Act Process; and (2) that the
project will not individually or cumulatively have an adverse
effect on wildlife resources. It is further recommended that a
Notice of Exemption and DeMinimis Impact Finding be filed with
the County Clerk, and that the Conditional Use Permit be granted
contingent upon the following "Conditions:"
a. The facility shall be operated in accordance with
the appropriate codes, rules, regulations and
subject to permit fees as adopted by the City of
Vernon. The facility shall be operated in a
manner that will prevent unsanitary conditions,
odors or other nuisances. Prior to occupancy a
business license and occupancy permit shall be
obtained. All trucking operations, including
truck and trailer parking, shall be limited to
the lot located at 3768 26th Street and united
Parcel Services main terminal located at 3333
Downey Road.
b. Any hazardous substances used, handled, or
stored shall have prior approval from the
Vernon Fire and Health Departments. A Health
Permit shall be obtained if there are
reportable quantities of hazardous materials
on the site.
c. The number of employee parking spaces required
per Vernon City Code shall be provided and
maintained.
d. All parking and loading facilities shall be paved
with a hard durable surface material and shall be
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December 3, 1991
adequately drained, and kept free of dust, mud,
trash or weeds.
e. Where parking areas adjoin a public street or
streets, a masonry wall not less than 30 inches
in height, or landscaped area a minimum of 4 feet
in width, measured from the property line, shall
be established along such frontage, except at
driveways, walkways or where other openings are
necessary. If a masonry wall is constructed, it
shall be protected by either steel or concrete
barriers.
f. Servicing of vehicles including washing, steam
cleaning and repairing shall be performed in
facilities in compliance with appropriate codes.
g. In accordance with National Pollutant Discharge
Elimination System permit regulations, United
Parcel Service shall submit a Notice of Intent to
the State Water Resources Control Board and shall
prepare a prevention plan and monitoring program
within the Board's time limitations.
h. No equipment or freight shall be stored on the
site, other than in trailers. Adequate plans and
materials must be available for handling leaks or
spills from vehicles during storage or
transportation.
i. United Parcel Service shall provide restroom
facilities for guards.
j. The owner of the property shall construct
approximately 710 feet of 12" class 52 cement
lined ductile iron water main in Bandini
Boulevard from approximately 1,850 feet east of
the centerline of Downey Road to the southerly
extension of the most easterly property line of
the subject site. The owner shall construct
standard City of Vernon Fire Hydrants in the
north sidewalk of Bandini Boulevard at approxi-
mately 250 foot intervals. The owner of the'
property shall deposit a performance bond in the
amount of Sixty-Seven Thousand Five Hundred
Dollars ($67,500.00) for said construction with
the city of Vernon. Construction shall be
completed within six (6) months of the approval
date of the Conditional Use Permit.
Mr. Vaits also advised the City Council and
submitted letters dated December 2 and 3, 1991, stating that two
additional "Conditions" were to be added ("k" and "I")
to the previously submitted Conditions (a thru j), and that
Condition "i" should be changed. The additional Conditions and
changes will read as shown below:
i. United Parcel Service shall provide toilet,
hand washing and drinking water facilities for
their employees at the site.
k. United Parcel Service shall change out the
Matthew Fire Hydrant located on 26th Street
adjacent to their site with the new City of
Vernon standard. The Fire Department connection
on 26th Street shall be made to face the public
street. United Parcel Service shall also
complete all frontage improvements as directed
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December 3, 1991
by the Director of Community Services, including
but not limited to repairing cracked and
displaced sidewalk and removing unused driveways.
1. united Parcel Service shall use only the 26th
Street driveway for ingress and egress access to
the subject property. All driveways on Bandini
Boulevard, except for one, shall be sealed up.
The one remaining driveway on Bandini Boulevard
shall be used for emergency access only.
The Mayor asked for confirmation that ingress and
egress access would only be on 26th Street, to which Mr. Vaits
responded that was correct.
It was moved by Gonzales, seconded by Davis, to close
the Public Hearing with regard to a request by United Parcel
Service for a Conditional Use Permit, the time being 5:40 p.m.
Motion carried.
It was moved by Ybarra, seconded by Gonzales, that
the communications from the Director of Community Services, dated
November 25 and December 2 and 3, submitted during the Public
Hearing, be received and filed; and that the City Council:
1. Finds that the proposed use is categorically
exempt from the California Environmental
Quality Act Process;
2. Finds that the project will not individually or
cumulatively have an adverse effect on wildlife
resources;
3. Authorize that the Notice of Exemption and
Deminimis Impact Finding be filed with the
County Clerk; and
4. That the Conditional Use Permit be granted
contingent upon the aforementioned Conditions "a"
thru "1". Motion carried.
RESOLUTION NO. 6019 - A Resolution of the City
Council of the City of Vernon Granting a Conditional Use Permit
to United Parcel Service for the Operation of a Truck Terminal at
3768 26th Street, was presented.
It was moved by McCormick, seconded by Davis, that
Resolution No. 6019 be approved and adopted. Motion carried.
The City Clerk read the results of the bids opened
this date in accordance with Contract No. 499, Traffic Signal
Installation:
C. T. & E., Inc.
Analite Corporation
Steiny & Company
Moore Electrical contracting
Mass. Electric Construction Co.
$137,240
139,000
146,200
179,500
134,983
It was moved by Gonzales, seconded by Ybarra, that
the bids be referred to the Director of Community Services for
review. Motion carried.
Communication from Victor H. Vaits, Director of
Community Services, dated November 20, 1991, was presented,
advising that bids received and opened October 8, 1991 in accor-
dance with Contract No. 509, Rehabilitation of Reservoir 3-2,
have been reviewed and recommending that the contract be awarded
to Spiess Construction Company, Inc. P.O. Box 2849, Santa Maria,
California 93457, on the basis of their bid of $178,180.00.
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December 3, 1991
It was moved by McCormick, seconded by Ybarra, that
the communication from the Director of Community services dated
November 20, 1991 be received and filed; and that his
recommendation be approved. Motion carried.
RESOLUTION NO. 6000 - A Resolution of the City
Council of the City of Vernon Accepting the Bid of Spiess
Construction Company, Inc. for Rehabilitation of Reservoir 3-2 in
Accordance with Contract No. 509 of the City of Vernon and
Approving the Execution of Said Contract, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 6000 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 27, 1991, advising that the Community Services
Department staff has advised that it is necessary to engage the
services of Twining & Associates, Inc. to provide quality control
inspection of the welding and interior/exterior coating of
Reservoir 3-2, due to the City not having trained staff or
equipment to insure compliance with the specifications and
requirements of the State Health Department for facilities used
for potable water. It is hereby recommended that an Inspection
Services Contract with Twining & Associates, Inc. be approved and
executed in order to proceed with Contract No. 509 in a timely
manner.
RESOLUTION NO. 6020 - A Resolution of the City
council of the City of Vernon Approving and Authorizing the
Execution of an Agreement with Twining & Associates, Inc. to
Provide Quality Control Inspection of the Welding and
Interior/Exterior coating of Reservoir 3-2 Which will Be Done
Under Contract No. 509.
It was moved by Ybarra, seconded by McCormick, that
the aforementioned matter of retaining the services of Twining &
Associates and Resolution No. 6020 be deferred to the next City
Council Meeting to be held December 17, 1991. Motion carried.
Communication from Kenneth J. DeDario, Director of
Light and Power, dated November 5, 1991, was presented, requesting
authority and funds for Manuel Garcia, Chief Light & Power
Dispatcher, to attend the Legal Aspects of Employee Discipline &
Evaluation Seminar in Los Angeles, January 9, 1992, with an
expense allowance of $140.00.
It was moved by Davis, seconded by McCormick, that
authority be granted for Manual Garcia to attend the Legal
Aspects of Employee Discipline & Evaluation Seminar in Los
Angeles, January 9, 1992, with an expense allowance of $140.00.
Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated November 26, 1991, was presented, requesting authority and
funds for Mayor Pro Tem Thomas Ybarra and Councilman William
McCormick to attend the California Contract cities Annual Legis-
lative Orientation in Sacramento, January 14-16, 1992, with an
expense allowance of $815.00.
It was moved by Davis, seconded by Gonzales, that
authority be granted for the aforementioned City officials to
attend the California Contract cities Annual Legislative Orien-
tation in Sacramento, January 14-16, 1992, with an expense
allowance of $815.00. Motion carried.
Communication from victor H. vaits, Director of
Community Services, dated November 26, 1991, was presented,
advising that the street sweeping contract with R. F. Dickson
Company (Contract No. 478) expires December 31, 1991; however,
the contract provides for a year extension by mutual agreement
under the "Special Provisions." The company has indicated that
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December 3, 1991
they would like to continue the present
hereby recommended that the contract be
1992 with a rate adjusted to 75% of the
January 1991 to January 1992.
contract, and it is
extended to December 31,
Consumer Price Index from
It was moved by Gonzales, seconded by Davis, that the
communication from the Director of Community services dated
November 26, 1991, be received and filed; and that his recommen-
dation be approved. Motion carried.
RESOLUTION NO. 6021 - A Resolution of the City
Council of the City of Vernon Approving a One-Year Extension of
Contract No. 478 and a Percentage Adjustment in Bid Price for R.
F. Dickson Company, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 6021 be approved and adopted. Motion carried.
RESOLUTION NO. 6018 - A Resolution of the city
Council of the City of Vernon Amending Resolution No. 5942 which
Approved a Budget for the Fiscal Year 1991-1992 to Reflect
Increases, was presented.
It was moved by Davis, seconded by Ybarra, that
Resolution No. 6018 be approved and adopted. Motion carried.
ORDINANCE NO. 1005 - An Ordinance of the City Council
of the City of Vernon Amending section 15.43 of the Code of the
City of Vernon Regarding Refunds of Business License Fees, was
read by title for a First Reading.
It was moved by McCormick, seconded by Gonzales, that
Ordinance No. 1005 be approved for a First Reading. Motion
carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated November 28, 1991, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held
December 2, 1991, for approval of the recommendations contained
therein.
It was moved by Gonzales, seconded by McCormick, that
the matter of the Personnel Committee Meeting held December 2,
1991, be deferred until after Closed Session, Personnel, later
this date. Motion carried.
WARRANT REGISTER NO. 828 covering claims and demands
presented during the period of November 15 thru November 27,
1991, drawn on the First Interstate Bank totaling $251,795.33,
which includes Demand Nos. 34949 thru 35121 (inclusive),
excluding Light & Power Demands and void Demand Nos. 34957 and
34989 thru 34991 (inclusive) (Accounting period December, 1991)
was examined and audited.
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 828 be approved and payment authorized for
claims and demands totaling $251,795.33, excluding Light and
Power Demands. Motion carried.
WARRANT REGISTER NO. 828 covering claims and demands
presented during the period of November 15 thru 27, 1991, drawn
on the First Interstate Bank totaling $7,698,384.22, which
includes Light & Power Demand Nos. as listed below (accounting
period December, 1991) was examined and audited:
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December 3, 1991
It was moved by Ybarra, seconded by Gonzales, that
Warrant Register No. 828 be approved and payment authorized for
claims and demands totaling $7,698,384.22. 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.
Discussion and consideration of the Alameda Corridor
Transportation Project.
victor vaits, Director of Community Services,
addressed the City Council and highlighted certain aspects of
this project.
Davis B. Brearley, City Attorney, addressed the City
Council and also highlighted the current situation of the project
for the Council and recommended that the City Council authorize
the City Clerk to submit a letter to the Governing Board of the
Alameda Transportation Authority expressing concerns regarding
the alternatives presently being considered for the Alameda
Corridor Project.
It was moved by McCormick, seconded by Ybarra, that
the City Clerk be authorized to submit a letter to the members of
the Governing Board of the Alameda Corridor Transportation
Authority. Motion carried.
The Mayor called a recess at 6:10 p.m.
The Council reconvened in regular session at 6:11
p.m., all members present before the recess again being present.
It was moved by Ybarra, seconded by Mccormick, that
the Council go into Closed Session, Personnel, pursuant to
Government Code Section 54957, the time being 6:12 p.m. Motion
carried.
All persons with the exception of the city Clerk and
the City Attorney were excluded from Closed Session.
It was moved by MCCormick, seconded by Ybarra, that
the Council go out of Closed Session and resume regular session,
the time being 6:20 p.m. Motion carried.
Communication from Bruce v. Malkenhorst, Director of
Personnel, dated November 28, 1991, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held
December 2, 1991, for approval of the recommendations contained
therein (deferred from earlier in this meeting).
It was moved by Gonzales, seconded by McCormick, that
the recommendations contained therein be approved, however the
matter of Lt. Waxman's merit step increase be referred back to
the Chief of Police for further review as recommended by the
Personnel Committee. Motion carried.
It was moved by Davis, seconded by Ybarra, that
December 24 and 31, 1991, be granted as additional holidays for
miscellaneous personnel who are not required for emergency
services, and other non-represented employees so long as there is
no adverse affect on the operations of the city. Motion carried.
It was moved by Gonzales, seconded by Davis, that the
Council go into Closed Session, Attorney/Client Privilege,
pursuant to Government Code Section 54956.9(a), the time being
6:22 p.m. Motion carried.
All persons with the exception of the city Clerk and
the City Attorney were excluded from Closed Session.
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The Mayor ordered all communications to and from
Closed Session deemed privileged and confidential.
It was moved by Ybarra, seconded by McCormick, that
the Council go out of Closed Session and resume regular session,
the time being 6:40 p.m. Motion carried.
There being no further business to come before the
Council at this time it was moved by Ybarra, seconded by
McCormick, that the meeting adjourn. Motion carried.
ATTEST:
/
C.
Bruce V. Malkenhorst
City Clerk
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