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19920721 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JULY 21, 1992 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, Davis, Gonzales MEMBERS ABSENT: None The meeting was called to order by Mayor Malburg. It was moved by McCormick, seconded by Davis, that the minutes of the City Council Meeting held July 7, 1992, be approved as submitted and adopted. Motion carried. The City Clerk read the names of the employees who had achieved perfect attendance and the Mayor presented award brochures to the following and extended congratulations on behalf of the City Council. COMMUNITY SERVICES DEPARTMENT Juan Arellano, Utilityman - 2 years Albert De La Cruz, utilityman - 2 years Gary Sawyer, Utilityman - 2 years Mary Rutz, Engineering Technician - 3 years Jose Cervantes, Utilityman - 3 years Victor Trujillo, Utilityman - 4 years Fernando Weathers, Utilityman - 9 years Samuel Kevin Wilson, civil Engineer - 10 years POLICE DEPARTMENT Theresa Nicholas, Assistant Records Mgr. - 2 years FIRE DEPARTMENT Richard Wiles, Battalion Chief - 5 years LIGHT AND POWER DEPARTMENT Manuel Aquino, Diesel Operator - 2 years The following persons were acknowledged for their Perfect Attendance; however, were not at the meeting due to a conflict in their work schedule: George Burgess, civil Engr. Assoc., Community Services - 2 years Mark Moen, Sergeant, Police Department - 3 years Dan Simon, Captain, Fire Department - 2 years Rory Moore, Firefighter - 3 years The Mayor called a recess at 5:17 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 July 1 thru 15, 1992, was presented. It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period July 1 thru 15, 1992, be received and filed. Motion carried. Fire Department Activity Report for the period July 1 thru 15, 1992, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period July 1 thru 15, 1992, be received and filed. Motion carried. 4475 I I City Council Minutes page 2 July 21, 1992 Health Department Report for the month of June, 1992, was presented. It was moved by Gonzales, seconded by Ybarra, that the Health Department Report for the month of June, 1992, be received and filed. Motion carried. Risk Management Report for the month of June, 1992, was presented. It was moved by Davis, seconded by MCCormick, that the Risk Management Report for the month of June, 1992, be received and filed. Motion carried. The City Clerk advised that this 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 Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. There was no one in the audience who wished to address the City Council at this time. It was moved by Ybarra, seconded by Gonzales, to open the Public Hearing to consider a request from NF Corporation for a Conditional Use Permit to operate a recycled materials processing facility at 1850 25th street, the time being 5:22 p.m. Motion carried. Victor Vaits, Director of Community Services, addressed the City Council and summarized this matter and his communications dated July 16 and 21, 1992. The Mayor asked if there was anyone in the audience who wished to make any comments with regard to this matter. William Ross, Attorney with the law offices of Ross & Scott, representing Cedarlane Foods, located at 1864 E. 22nd Street, Los Angeles, addressed the Council and provided them with a letter dated July 21, 1992, relaying their objection to the adoption of a Negative Declaration and the issuance of a Conditional Use Permit by the City. Mr. Ross summarized this communication and made the following additional comments: (1) the NF location in northern California was closed down by the State Tax Board in 1991; and (2) the Project Description in the Negative Declaration is inadequate. Mr. Ross also stated that there are environmental questions that are not answered; therefore, making the initial study deficient along with the proposed Negative Declaration. The County of Los Angeles has a facility at 2444 S. Alameda Street (25th Street and Alameda) and has concerns with this proposed project. Also, the county facility is not mentioned in the Project Description of the Negative Declaration. The surrounding area is referred to as existing industrial development, and in certain places described it as "solely industrial." Further deficiencies are also noted in the Project Description wherein it is stated in the analysis that the site would be frequented by three train trips per day, but that is not part of the Project Description. In accordance with requirements of Public Resources Code Section 21091, a Negative Declaration should be available 21 days prior to a public hearing or 30 days prior to the hearing if it is required to be submitted to the State Clearing House. We have noted that the mitigated Negative Declaration was actually not completed until July 16 when Victor vaits directed a 4474 I I City Council Minutes page 3 July 21, 1992 communication to the City Council for preparation of this agenda for this meeting. These documents have provisions that were not previously circulated to the public concerning the conditions of the Negative Declaration. Mr. Ross asked that the Public Hearing be continued to insure public review of the proposed Negative Declaration is available. In summary, the Negative Declaration should be more analytical and the mitigation monitoring plan should be available 30 days prior to the Public Hearing. Mr. Ross also requested that any proposed findings prepared be submitted to his office in a timely manner. This project must be further evaluated and the Negative Declaration must be supplemented and made available to the public for determination of its adequacy. David Brearley, City Attorney, asked Mr. Ross if his comments just raised were in his letter that was submitted earlier in the meeting. Mr. Ross advised that not all of them were; however, he could have them typed and faxed over to his office and the City Clerk's office tomorrow if we needed them. Mr. Brearley advised that it would be appreciated and thanked him. Jeffrey Dunn, Vice President of National Brass Works, addressed the Council with a complaint on the number of trucks per day on the street. There also may be transformers down at the site that carry PCB's - how would this affect the area when it rains. We feel that there should be a full Environmental Impact Report. An industrial realtor addressed the Council stating he owns a building on Santa Fe and 15th and has been there since 1982. One of the critical problems he has is the vehicle queing (doubleparked) in the street and the obnoxious odors and noise. On the north side of 25th Street in Los Angeles, there were several businesses that were not made aware of the proposed new business. Why were they not given formal notice since they are within "50 feet" of the project site. Carrie Sutkin, a representative of Los Angeles County Supervisor Gloria MOlina, addressed the Council and advised that the Department of Children's Services contacted them asking their support in opposing this proposed use. They have a facility adjacent to this. On the Environmental Impact Worksheet six items were not answered sufficiently pertaining to hazardous materials - six thousand tons per month in scrap metals, freon, batteries. We oppose this proposed project at this time, and until a more complete initial study and Environmental Impact Report has been completed. Ed Sosa, from the Department of Children's Services, located at 2444 S. Alameda, addressed the Council expressing concern that whey were not made aware until last Friday that their parking lot is going to be affected by this facility. Mr. Sosa stated that he also submitted a letter to the City Council at the beginning of this meeting pertaining to their objection of this project at this location. Again there is a concern that an environmental impact study was not made on this proposed project. Phil Cache, representing an investment company, addressed the City Council and advised that he has two warehouses directly south of the proposed scrap yard. Our concern is that this would affect the produce that is handled in the area. I also understand that the soil where they are moving from has contaminated soil. 4473 ' I I City Council Minutes page 4 July 21, 1992 Bernie Lehr, on behalf of himself, addressed the Council and made the following comments: One of the mitigating conditions related to airborne particles - how can you, or do you, control airborne particles. The possible traffic problem is disastrous. The project design of the traffic flow is unconscionable. Mr. Lehr referred Mr. vaits's April 13 letter to Mr. Fox of NF Corporation. In that letter Mr. vaits defines a recycled materials processing facility and indicated that his site would not be solely a recycling plant, but could also be considered as a salvage yard. Mr. Fox responded to Mr. vaits's letter on April 21 wherein he described his business and that he did feel it was a recycling plant. Mr. Lehr stated that by just reviewing Mr. Fox's letter it was obvious that this was in fact not a recycling facility but a scrap yard. Please refer to Section 26.2.14 and 26.2.9 of Vernon's Comprehensive Zoning Ordinance. Mr. Lehr stated that there will also be approximately 100 trucks per day in and out of that facility, and per Mr. Fox, at a later time, they will install a shredder which will be cause for even more trucks. I have sent a letter to the City Council and victor Vaits recently on this project. CEQA states that if project "may" have a significant impact on the environment then an environmental impact report is required. Mr. Lehr made no further comments. George Fox of NF Corporation stated that he did not believe that there would be this much attention on our proposed site. He stated all vehicles will be on the yard and not on the street. Property cannot be developed in any other way due to the split by the railroad tracks. I will send more information to Mr. vaits in answer to some of these questions. David B. Brearley, City Attorney, suggested that the Public Hearing be continued the second regular City Council meeting in August. It was moved by MCCormick, seconded by Ybarra, to continue the Public Hearing with regard to a request from NF Corporation for a Conditional Use Permit to operate a recycled materials processing facility at 1850 25th Street to the second City Council meeting in August. Motion carried. RESOLUTION NO. 6132 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to NF Corporation for the Operation of a Recycled Materials Processing Facility at 1850 25th Street. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6132 be deferred to the second City Council meeting in August. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated July 9, 1992, was presented, transmitting a fully executed Quit Claim Deed from BW/IP International for street purposes for a parcel of property (approximately 4,707 square feet) on the southeast corner of Vernon Avenue and st. Charles Street. This has been reviewed by the City Attorney, and it is hereby recommended that the Deed be accepted and the Certificate of Acceptance be approved and executed. It was moved by Gonzales, seconded by Davis, that the Quit Claim Deed from BW/IP International be accepted and the Certificate of Acceptance be approved and executed. Motion carried. 44'72 I I City Council Minutes page 5 July 21, 1992 Communication from Police Chief Louis Rosenkrantz, dated July 10, 1992, was presented, requesting authority and funds for Dispatcher Minerva Amaro to attend a dispatcher course at Rio Hondo College, August 4-15, 1992, with an expense allowance of $235.60 of which $173.60 will be reimbursed by POST. It was moved by Ybarra, seconded by McCormick, that authority be granted for Minerva Amaro to attend a dispatcher course at Rio Hondo College, August 4-15, 1992, with an expense allowance of $235.60. Motion carried. Communication from Norman J. Michiels, Director of Environmental Health, dated July 13, 1992, was presented, requesting authority and funds to attend the California Conference of Directors of Environmental Health in San Diego, September 21-25, 1992, with an expense allowance of $508.00. It was moved by McCormick, seconded by Gonzales, that authority be granted for Norman Michiels to attend the California Conference of Directors of Environmental Health in San Diego, September 21-25, 1992, with an expense allowance of $508.00. Motion carried. Communication from victor H. Vaits, Director of Community Services, dated July 14, 1992, was presented, advising that Contract No. 499, Traffic Signal Installation, Soto Street and Bandini Boulevard-37th Street; Soto Street and Farmer John Driveway; and Soto Street and Vernon Avenue, has been completed. The total contract amount was $134,983, of which $121,484.70 has been paid. The remaining ten percent, $13,498.30 is payable thirty-five days after acceptance. It is hereby recommended that the work be accepted and that authority be granted to pay the Contractor, Mass Electric Construction Company, 1797 East Martin Luther King, Jr. Blvd., Los Angeles, California 90058. It was moved by Ybarra, seconded by Davis, that the communication from the Director of Community Services dated July 14, 1992, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6131 - A Resolution of the City Council of the City of Vernon Accepting the Work of Mass Electric Construction Company for Traffic Signal Installation, Soto Street and Bandini Boulevard-37th Street; Soto Street and Farmer John Driveway; and Soto Street and Vernon Avenue, in accordance with Contract No. 499 of the City of Vernon, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6131 be approved and adopted. Motion carried. Communication from Victor H. Vaits, Director of Community Services, dated July 14, 1992, was presented, requesting authority and funds to attend the International Conference of Building Officials in Dallas, Texas, August 30- September 4, 1992, with an expense allowance of $1630. It was moved by Ybarra, seconded by Gonzales, that authority be granted for victor vaits to attend the International Conference of Building Officials in Dallas, Texas, August 30- September 4, 1992, with an expense allowance of $1630. Motion carried. Communication from Larry Spadt, Fire Chief, dated July 15, 1992, was presented, requesting authority and funds to attend the International Association of Fire Chiefs' 1992 Conference in Anaheim, September 12-16, 1992, with an expense allowance of $854. 4471 I I City Council Minutes page 6 July 21, 1992 It was moved by Ybarra, seconded by McCormick, that authority be granted for Larry Spadt to attend the International Association of Fire Chiefs' 1992 Conference in Anaheim, September 12-16, 1992 with an expense allowance of $854. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 16, 1992, was presented, transmitting a Water Right License and Agreement with Kal-Kan Foods, Inc., for the rights to 140 acre-feet of water at a cost of $80.50 per acre-foot or a total of $11,270. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that said agreement be approved and executed. It was moved by Gonzales, seconded by Ybarra, that the Communication from the City Clerk dated July 16, 1992, be received and filed and that his recommendation be approved. Motion carried. RESOLUTION NO. 6133 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Water Right License and Agreement for the Period July 1, 1992 Through June 30, 1993 By and Between the City of Vernon and Kal-Kan Foods, Inc, was presented. It was moved by MCCormick, seconded by Davis, that Resolution No. 6133 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 16, 1992, was presented, requesting authority and funds for utility Clerk Claudia Aguilar to attend the ARMA sponsored "Out of Control Files" workshop in Los Angeles, July 30, 1992, with an expense allowance of $132.10. It was moved by Ybarra, seconded by Davis, that authority be granted for Claudia Aguilar to attend the ARMA sponsored "Out of control Files" workshop in Los Angeles, July 30, 1992, with an expense allowance of $132.10. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 16, 1992, was presented, requesting authority and funds for Gloria Orosco, Chief Deputy City Clerk, to attend the City Clerk's Seminar in Santa Barbara, August 9-14, 1992, with an expense allowance of $836.20. It was moved by McCormick, seconded by Ybarra, that authority be granted for Gloria Orosco to attend the City Clerk's Seminar in Santa Barbara, August 9-14, 1992, with an expense allowance of $836.20. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated July 16, 1992, was presented, requesting authority and funds for Bob Tang, Associate Power Engineer, and Edwin Hornquist, Assistant Power Engineer, to attend the Lighting Audit Training Workshop in Los Angeles, August 10-11, 1992, with an expense allowance of $59.20 each. It was moved by Ybarra, seconded by McCormick, that authority be granted for Bob Tang and Edwin Hornquist to attend the Lighting Audit Training Workshop in Los Angeles, August lO- ll, 1992, with an expense allowance of $59.20 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated July 16, 1992, was presented, transmitting the Computation Report as submitted by the Director of Light and Power, determining the Energy Cost Adjustment Billing Factor for the next three month period. Based on actual fuel expenses and revenues for the previous period and Southern California Edison Company's forecast of fuel cost for the next three months, the 4470 I I City Council Minutes page 7 July 21, 1992 new factor is a negative $0.02088 per kilowatt hour. It is hereby recommended that said factor be adopted for all bills rendered from August 1, 1992. It was moved by Gonzales, seconded by Ybarra, that the communication from the City Clerk dated July 16, 1992, be received and filed and that his recommendation be approved. Motion carried. RESOLUTION NO. 6134 - A Resolution of the City Council of the city of Vernon Changing the Energy Cost Adjustment Billing Factor Charged for Electrical Energy Distributed and Supplied to its Electrical Customers, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6134 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated July 16, 1992, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held July 20, 1992, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by Davis, that the recommendations listed on the Agenda for the Personnel Committee Meeting held July 20, 1992, be approved as submitted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated July 16, 1992, was presented, transmitting the Agenda for the Adjourned Regular Finance Committee Meeting to be held July 20, 1992, for approval of the recommendations contained therein. It was moved by Ybarra, seconded by Davis, that the recommendations listed on the Agenda for the Adjourned Regular Finance Committee Meeting held July 20, 1992, be approved as submitted. Motion carried. Consideration of renewing the Software Maintenance Agreement with Flair Data Services, Inc. for the period July 1, 1992 thru June 30, 1993. Resolution No. 6135 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Information Management and Software Maintenance Agreement by and Between the City of Vernon and Flair Data Services, Inc, was presented It was moved by Ybarra, seconded by Mccormick, that Resolution No. 6135 be approved and adopted. Motion carried. Consideration of renewing the Gardner Communications Group Agreement for planning and coordinating the bi-monthly Mayor/Council Breakfasts for the next twelve months. The City Clerk advised that this matter should be referred to the Redevelopment Agency Meeting later this date. Consideration of declaring Surplus Property from the Police Department consisting of various office furniture. RESOLUTION NO. 6137 - A Resolution of the City Council of the City of Vernon Authorizing the Sale of Surplus Property from the Police Department Pursuant to Section 2.31 of the Vernon City Code, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6137 be approved and adopted. Motion carried. Schedule. Consideration of approving and adopting a Retention 4,,4;,fi;ft:~ I I City Council Minutes page 8 July 21, 1992 RESOLUTION NO. 6138 - A Resolution of the City Council of the City of Vernon Approving and Adopting A Retention Schedule for Maintaining Documents and Records by All City Departments Except POlice, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6138 be approved and adopted. Motion carried. WARRANT REGISTER NO. 843 covering claims and demands presented during the period of July 3 thru 16, 1992, drawn on the First Interstate Bank totaling $981,675.72, which includes Demand Nos. 38017 thru 38203 (inclusive), excluding Light & Power Demands and Void Demand Nos. 38065 thru 38067 (inclusive) (accounting period July, 1992) was examined and audited. It was moved by Davis, seconded by Gonzales, that Warrant Register No. 843 be approved and payment authorized for claims and demands totaling $981,675.72, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 843 covering claims and demands presented during the period of July 3 thru 16, 1992, drawn on the First Interstate Bank totaling $1,924,707.34, which includes Light & Power Demand Nos. as listed below (accounting period July, 1992) was examined and audited: 38017 38036 38060 38087 38121 38152 38169 38200 38018 38045 38063 38088 38122 38153 38173 38201 38019 38046 38069 38091 38131 38156 38176 39202 38020 38048 38075 38100 38136 38164 38182 38033 38049 38076 38108 38140 38165 38184 38034 38052 38086 38114 38144 38167 38194 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 843 be approved and payment authorized for claims and demands totaling $1,924,707.34. 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. PAYROLL WARRANT REGISTER NO. 432 covering claims and demands presented during the period of June 14 thru June 27, 1992, drawn on the First Interstate Bank totaling $628,981.91 which includes Demand Nos. 6631 thru 6648 (inclusive), (accounting period June, paid in July 1992) was examined and audited. It was moved by Ybarra, seconded by Mccormick, that Payroll Warrant Register No. 432 be approved and payment authorized for claims and demands totaling $628,981.91. Motion carried. Consideration of settlement in claim, for property damage, of Hannah Raabe. The City Clerk advised that this matter should be deferred to Closed Session later this date. It was moved by Ybarra, seconded by Davis, that the aforementioned claim be deferred to Closed Session later this date. Motion carried. Consideration of a gas purchase agreement for the supply of natural gas for the turbines for the period August 1, 1992 thru July 31, 1993. Ken DeDario, Director of Light and Power, addressed the City Council and briefly summarized this matter for them. 4:4:6>8> I I City Council Minutes page 9 July 21, 1992 RESOLUTION NO. 6139 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Gas Purchase and Sales Agreement By and Between the City of Vernon and the Signal Fuels Trading Company, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6139 be approved and adopted. Motion carried. The Mayor called a recess at 6:37 p.m. The Council reconvened in regular session at 6:40 p.m., all persons present before the recess again being present. It was moved by Ybarra, seconded by Mccormick, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Code Sections 54956.9(a) and 54956.9(b) (1). Motion carried. All persons with the exception of the City Clerk and City Attorney were excluded from Closed Session. The Mayor ordered all communications to and from Closed Session deemed privileged and confidential. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session the time being 6:54 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the claim for property damage from Hannah Raabe be settled in the amount of $199.25 contingent upon the execution of a "release of all claims" form. 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. ~6~:~~c;~~;:;-0I-Y-<.f~ . ~ (Leonl.s C. Malbu1;'g, Mayor ATTEST: "- ~ Bruce V. Malkenhorst, City Clerk 44';;7