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19931207 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 7, 1993 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 Ybarra, seconded by Davis, that the Minutes of the Adjourned City Council Meeting held November 23, 1993, be approved as submitted and adopted. Motion carried. The Mayor presented Service pins to the following employees and extended congratulations on behalf of the entire City Council: George Burgess, civil Engineering Assoc. - 30 years James Rodino, Police Sergeant - 10 years Audra Hunter, Secretary - 5 years The Interim Director of Community Services accepted a Five Year Service pin on behalf of utilityman Wilfredo Lopez who was unable to attend the meeting. The Mayor called a recess at 5:04 p.m. The Council reconvened in regular session at 5:05 p.m., all members present before the recess again being present. Police Department Activity Log for the period November 16 thru 30, 1993, was presented. It was moved by Gonzales, seconded by Davis, that the Police Department Activity Log for the period November 16 thru 30, 1993, be received and filed. Motion carried. Fire Department Activity Report for the period November 16 thru 30, 1993, was presented. It was moved by Ybarra, seconded by McCormick, that the Fire Department Activity Report for the period November 16 thru 30, 1993, be received and filed. Motion carried. The City Clerk advised that now is 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. There was no one who wished to address the Council. It was moved by Ybarra, seconded by Davis, to open the Public Hearing to consider a request from Reeder Fastway Trucking, Inc. for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 2860 Alameda Street, the time being 5:07 p.m. Motion carried. victor H. Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized his communication. 4779 I I City Council Minutes page 2 December 7, 1993 Communication from Victor H. Vaits, Interim Director of Community Services, dated December 2, 1993, was presented, advising that Reeder Fastway Trucking, Inc. has applied for a Conditional Use Permit to operate a truck and freight terminal at 2860 Alameda Street and 2043 Ross Street. They currently occupy the site on Ross Street and are proposing to expand their facility to include the 2860 Alameda Street site. Transmitted herewith are the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Notice of Public Hearing, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing. The company 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 Interim 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. This has been reviewed by the City Attorney, and the following have been recommended as Conditions on the Conditional Use Permit: a. The facility shall be operated in accordance with and made to conform with all current 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 and 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 lots located at 2860 Alameda Street and 2043 Ross Street. b. A Hazardous Materials Inventory and Business/ Contingency Plan shall be submitted and a hazardous materials permit shall be obtained from the City of Vernon Health Department. Hazardous materials/wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. c. All parking and loading facilities shall be paved with a hard durable surface material and shall be adequately drained, and kept free of dust, mud, trash and weeds. d. Servicing of vehicles including washing, steam cleaning and repairing shall be performed in facilities in compliance with appropriate codes. e. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. f. No equipment or freight shall be stored on the site, other than in trailers or on the docks. Adequate plans and materials must be available for handling leaks or spills from vehicles during storage or transportation. g. All required federal, state, local and regulatory agency permits shall be obtained prior to operation. 47?B I I City Council Minutes page 3 December 7, 1993 h. The facility's building shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. i. The property owner shall construct frontage improvements including the enlarging of the curb return at the northeast corner of Ross street and Alameda street. The new curb return shall have a 50 foot curb line radius and a 42 foot property line radius. The construction shall be to City of Vernon standards. Required property for the improvements shall be dedicated to the City. Based on the aforementioned, it is hereby recommended that the following actions be taken: 1. The City Council find that the proposed use is categorically exempt from the California Environmental Quality Act Process; 2. A Notice of Exemption be filed with the County Clerk; and 3. The Conditional Use Permit be granted to Reeder Fastway Trucking, Inc. contingent upon adherence to the aforementioned Conditions "a" thru "i". The Mayor asked if there was anyone who wished to address the City Council on this matter. There was no one who wished to address the Council. It was moved by Gonzales, seconded by McCormick, to close the Public Hearing regarding the request for a Conditional Use Permit by Reeder Fastway Trucking, Inc., the time being 5:10 p.m. Motion carried. It was moved by Davis, seconded by McCormick, that the communication from the Interim Director of Community services dated December 2, 1993 and all supporting documents be received and filed as evidence. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the City Council hereby determines that the proposed use by Reeder Fastway Trucking, Inc. is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by McCormick, seconded by Davis, that a Notice of Exemption for the Conditional Use Permit be filed with the County Clerk. Motion carried. It was moved by Gonzales, seconded by Ybarra, that the Conditional Use Permit be granted to Reeder Fastway Trucking, Inc. contingent upon adherence to the aforementioned Conditions "a" thru "i". Motion carried. RESOLUTION NO. 6361 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Reeder Fastway Trucking, Inc. for the Operation of a Truck and Freight Terminal at 2860 Alameda Street and 2043 Ross Street, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6361 be approved and adopted. Motion carried. 477'7 I I City Council Minutes page 4 December 7, 1993 RESOLUTION NO. 6349 - A Resolution of the City Council of the City of Vernon, California, Calling and Giving Notice of a General Municipal Election To Be Held on Tuesday, April 12, 1994, for the Election of certain Officers as Required by the provisions of the Charter of the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6349 be approved and adopted. Motion carried. RESOLUTION NO. 6350 - A Resolution of the City Council of the City of Vernon, California, Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of a General Municipal Election To Be Held on Tuesday, April 12, 1994, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6350 be approved and adopted. Motion carried. RESOLUTION NO. 6351 - A Resolution of the City Council of the City of Vernon, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statements Submitted to the Voters at an Election To Be Held on Tuesday, April 12, 1994, was presented. It was moved by Davis, seconded by Ybarra, that Resolution No. 6351 be approved and adopted. Motion carried. Communication from Henry Arres, Proprietor of San Antonio Rose Restaurant & Bar located at 4505 Downey Road, dated October 25, 1993, was presented, requesting permission to allow dancing in his place of business on Saturday nights from 6 p.m. until 1 a.m. (Deferred from the City Council meeting held November 2, 1993.) Communication from Bruce V. Malkenhorst, City Clerk, dated December 2, 1993, was presented, advising that, at the City Council Meeting held November 2, 1993, the aforementioned request by Henry Arres for a dancing permit at 4505 Downey Road was referred back to the Interim Director of Community Services for further review, and further action was deferred to the first City Council meeting in December in order to give Mr. Arres an opportunity to address the department's concerns. The Department of Community Services advises that Mr. Arres has not made any attempts to contact staff as he was advised to at the November 2nd City Council Meeting, and it is hereby recommended that no further action be taken at this time and that the matter be removed from the Agenda. It was moved by Ybarra, seconded by Gonzales, that the communications from Mr. Arres dated October 25, 1993 and the City Clerk dated December 2, 1993, be received and filed, and that no further action be taken at this time and that the matter be removed from the agenda as recommended by the City Clerk. Motion carried. Communication from Victor H. Vaits, Interim Director of Community Services, dated November 23, 1993, was presented, advising that Street Sweeping Contract No. 478 with R. F. Dickson Company expires December 31, 1993. The contract provides for a one-year extension by mutual agreement and the company has indicated they would like to continue under the present agreement with no increase in fees. The agreement has been reviewed by the City Attorney, and it is hereby recommended that Contract No. 478, with R. F. Dickson Company, be extended to December 31, 1994 at a monthly fee of $3,936.69. 4776 I I City Council Minutes page 5 December 7, 1993 It was moved by McCormick, seconded by Gonzales, that the communication from the Interim Director of Community Services dated November 23, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6359 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a One-Year Extension of Contract No. 478 By and Between the City of Vernon and R. F. Dickson Company, Inc., was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6359 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 29, 1993, was presented, advising that Federal and State regulations currently require local municipalities to control and improve the storm water/urban runoff discharges that originate within their jurisdiction. The California Regional Water Quality Control Board, Los Angeles Region, has adopted waste discharge requirements for stormwater/urban runoff discharge for Los Angeles County and co-permittees. An extensive storm drain water quality monitoring program is to be designed, installed and maintained to measure pollutants in both dry and wet weather flows, the objective being to have flows from land drainage facilities meet water quality standards for the protection of the receiving waters (lakes, rivers, and the ocean). The Interim Director of Community Services has reviewed this matter and recommends that the City become a co-permittee on Los Angeles County's NPDES Permit No. CA0061654-CI6948. The agreement has been reviewed by the City Attorney, and it is hereby recommended that the Permit Implementation Agreement be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated November 29, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6366 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Permit Implementation Agreement By and Between the Board of Supervisors of Los Angeles County, Various Other Agencies, and the City of Vernon in Order to Monitor and Control Storm Drainage Pollutants, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6366 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated December 1, 1993, was presented, transmitting the Public Telephone Location Agreement with Mac Tel, Inc. for the installation and maintenance of pay telephones on City property. Compensation to the City for the right to install such public phones will be a 5 to 20 percent commission of the gross revenue received from each phone installed on City property, and shall be received monthly. The agreement has been reviewed by the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated December 1, 1993 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6363 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of a Public Telephone Location Agreement By and Between the City of Vernon and Mac Tel, Inc., was presented. 47.7~..~ .~ I I City Council Minutes page 6 December 7, 1993 It was moved by Davis, seconded by McCormick, that Resolution No. 6363 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated December 2, 1993, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held December 6, 1993, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations listed on the Agenda for the Personnel Committee Meeting held December 6, 1993, be approved as submitted. Motion carried. WARRANT REGISTER NO. 877 covering claims and demands presented during the period of November 11 thru December 2, 1993, drawn on the First Interstate Bank totaling $260,111.36, which includes Demand Nos. 44544 thru 44769 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period December, 1993, was examined and audited: 44544 44567 44568 44588 44619 44620 44621 44724 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 877 be approved and payment authorized for claims and demands totaling $260,111.36, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 877 covering claims and demands presented during the period of November 11 thru December 2, 1993, drawn on the First Interstate Bank totaling $3,930,922.43, which includes Light and Power Demand Nos. as listed below (accounting period December, 1993), was examined and audited: 44545 44560 44581 44611 44633 44666 44721 44748 44555 44563 44587 44613 44636 44669 44725 44756 44556 44570 44597 44614 44641 44688 44739 44757 44557 44572 44608 44617 44644 44689 44740 44760 44558 44573 44609 44623 44649 44697 44741 44768 44559 44574 44610 44632 44652 44712 44742 It was moved by McCormick, seconded by Ybarra, that Warrant Register No. 877 be approved and payment authorized for claims and demands totaling $3,930,922.43. 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. Communication from Bruce V. Malkenhorst, City Clerk, dated December 2, 1993, was presented, transmitting the Mead- Phoenix Project License from the united States Department of Energy Western Area Power Administration to the Project owners granting said owners a license respecting the Westwing-Mead and Mead-Marketplace components to build, operate and maintain the Mead-Phoenix Transmission Line. The License has been reviewed by the Director of Light and Power and the City Attorney, and it is hereby recommended that the License be approved, accepted and executed. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated December 2, 1993 be received and filed, and that his recommendation be approved. 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. 4774 I I City Council Minutes page 7 December 7, 1993 RESOLUTION NO. 6360 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Acceptance of a Mead-Phoenix Project ("PROJECT") License From the United States Department of Energy Western Area Power Administration to the Project Owners Granting Said Owners a License Respecting the Westwing-Mead Component and Mead- Marketplace Component of the Project to Build, Operate and Maintain the Mead-Phoenix Transmission Line, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6360 be approved and adopted. 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. RESOLUTION NO. 6362 - A Resolution of the City Council of the City of Vernon Approving the Issuance of Industrial Development Revenue Bonds by the Industrial Development Authority of the City of Vernon and Declaring the City Council to be the Board of the Industrial Development Authority, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6362 be approved and adopted. Motion carried. Consideration of Owens-Brockway receiving service under the Electric Tariff Schedule LEAP for a 1500 kilowatt electric booster, submitted by Kenneth J. DeDario, Director of Light and Power, December 2, 1993. It was moved by Ybarra, seconded by Gonzales, to approve granting service to Owens-Brockway under the Electric Tariff Schedule LEAP for a 1500 kilowatt electric booster. Motion carried. RESOLUTION NO. 6364 - A Resolution of the City Council of the City of Vernon Approving the Application of Owens- Brockway to Receive Electric Service Under the City's Electric Rate Schedule "LEAP" for the System Described in the Application, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6364 be approved and adopted. Motion carried. Consideration of the approval of a project consisting of the design and construction of a municipal natural gas distribution system (including pipelines, service lines, meters and other necessary elements of such a system) throughout the City of Vernon; determination that this project is categorically exempt from the application of California Environmental Quality Act pursuant to California Environmental Quality Act Guideline 15302; and consideration of agreements with design and construction firms, submitted by Kenneth J. DeDario, Director of Light and Power, December 2, 1993. It was moved by Ybarra, seconded by McCormick, that the aforementioned matter should be deferred to after Closed Session later this date. Motion carried. Mayor Malburg abstained from voting on this matter. Consideration of a Professional Services Agreement for the Gas Municipal Utility Department between Resource Management International, Inc. and the City of Vernon, submitted by Kenneth J. DeDario, Director of Light and Power, December 2, 1993. It was moved by Mccormick, seconded by Davis, that the aforementioned matter pertaining to an agreement with Resource Management International, Inc. be removed from the agenda and no further action taken at this time. Motion carried. 477~~ I I City Council Minutes page 8 December 7, 1993 Consideration of an Agreement between San Diego Gas of Vernon, submitted by Kenneth Power, December 2, 1993. amendment to the Power Sales & Electric Company and the City J. DeDario, Director of Light and It was moved by Gonzales, seconded by Ybarra, that an Amendment to the Power Sales Agreement with San Diego Gas & Electric Company be approved and executed. 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. RESOLUTION NO. 6365 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment to the Power Sales Agreement (Vernon Contract No. 93-10-03) By and Between San Diego Gas & Electric Company and the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6365 be approved and adopted. 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. Mayor Malburg asked if anyone wished to address the City Council at this time. No one wished to address the Council. The Mayor called a recess at 5:40 p.m. The Council reconvened in regular session at 5:50 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Davis, that the Council go into Closed Session, Attorney/Client Privilege, pursuant to Government Code Section 54956.9(a), the time being 5:50 p.m. Motion carried. All persons were excluded from Closed Session with the exception of the City Clerk, the City Attorney, the Interim Director of Community Services, and the Director of Light and Power. The Mayor ordered that all communications to and from the closed session be deemed privileged and confidential. Mayor Malburg was excused at 5:56 p.m. Mayor Malburg returned at 6:10 p.m. The Director of Light and Power was excused. excused. The Interim Director of Community Services was It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session, Attorney/Client Privilege, and resume regular session, the time being 6:11 p.m. Motion carried. Consideration of the approval of a project consisting of the design and construction of a municipal natural gas distribution system (including pipelines, service lines, meters and other necessary elements of such a system) throughout the City of Vernon; determination that this project is categorically exempt from the application of California Environmental Quality Act pursuant to California Environmental Quality Act Guideline 15302; and consideration of agreements with design and 477'2' I I City Council Minutes page 9 December 7, 1993 construction firms, submitted by Kenneth J. DeDario, Director of Light and Power, December 2, 1993. (Deferred from earlier in the meeting. ) The City Clerk advised that the proposed construction and operation of a municipal gas distribution system had been reviewed by staff and recommended that the City Council determine both that the construction and operation of a municipal natural gas distribution system project is categorically exempt from CEQA pursuant to CEQA Guideline 15302{c) and that none of the exceptions in CEQA Guideline 15300.2 apply. It was moved by Gonzales, seconded by McCormiCk, that it is hereby determined that the construction and operation of a municipal natural gas distribution system project is categorically exempt from CEQA pursuant to CEQA Guideline 15302{c) and that none of the exceptions in CEQA Guideline 15300.2 apply. Motion carried. Mayor Malburg abstained from voting. It was moved by Gonzales, seconded by McCormiCk, that a Notice of Exemption for the construction and operation of a municipal natural gas distribution system project be filed with the County Clerk of the County of Los Angeles. Motion carried. Mayor Malburg abstained from voting. It was moved by Ybarra, seconded by Davis, that the staff report recommending the approval of the design and construction of a municipal natural gas distribution system throughout the City of Vernon be received and filed. Motion carried. Mayor Malburg abstained from voting on this matter. It was moved by Gonzales, seconded by McCormick, that the recommendation to design and construct a municipal natural gas distribution system throughout the City of Vernon be approved. Motion carried. Mayor Malburg abstained from voting on this matter. It was moved by McCormick, seconded by Gonzales, that December 23, 1993 and December 30, 1993 be deemed additional holidays in observance of Christmas day and New Years Day for all miscellaneous personnel 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 Council at this time, it was moved by McCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. "3" f ~/ _. . AA--7-44_ 4 ~~ ~'4L~0~~/j ~rl~. . 'Mayor ATr~ _/~~ Bruce V. Malkenhorst City Clerk 4771