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19940405 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD APRIL 5, 1994 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 city Council Meeting held March 15, 1994, be approved as submitted and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 14, 1994, was presented, transmitting the Court Reporter's Transcript of the Continued Hearing of Pan Metal Corporation's Appeal held during the City Council Meeting on March 8, 1994. It was moved by McCormick, seconded by Gonzales, that the aforementioned transcript be received and filed. Motion carried. The Mayor awarded Service pins to the following employees and extended congratulations on behalf of the entire city Council: Michael DeFrank, Engineering Aide, - 10 years Theresa Nicholas, Assistant Records Manager - 10 years Lorenzo Mendoza, Utilityman - 10 years Gary Sawyer, Utilityman - 10 years The following employees were unable to attend ~he meeting and their Service Pins were accepted by their respective department head: Pilar Arguello, utilityman - 10 Years Sergio Rodriguez, Water & Power Dispatcher - 10 years The Mayor called a recess at 5:10 p~~. The Council reconvened in regular session at 5:12 p.m., all members present before the recess again being present. Police Department Activity Log for the period March 16 thru 31, 1994, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period March 16 thru 31, 1994, be received and filed. Motion carried. Fire Department Activity Report for the period March 16 thru 31, 1994, was presented. It was moved by Ybarra, seconded by Gonzales, that the Fire Department Activity Report for the period March 16 thru 31, 1994, be received and filed. Motion carried. The City Clerk advised that now 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 at this time. 4850 I I City Council Minutes page 2 zi\.pril 5, 1994 Mr. steven O'Neill addressed the City Council on behalf of the Central Basin Municipal Water District to verify that they were on the Agenda for today and asked if he should speak now or wait until the item comes up. The City Clerk advised that they wer~ listed on the Agenda and that he could address the City Counci~ when the matter comes before the Council. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider voiding the Conditional Use Permit previously issued to JCI Environmental Services, Inc. to Operate a Truck Terminal at 4133 Bandini Boulevard for Non-compliance with certain Conditions, the time being 5:12 p.m. Motion carried. There was a Court Reporter present during this Public Hearing to transcribe the proceedings pertaining to JCI Environ- mental Services, Inc. Communication from Bruce V. Malkenhorst, City Clerk, dated March 29, 1994, was presented, advising that on February 18, 1992, the City Council approved the application for a Conditional Use Permit from JCI Environmental Services, Inc. for its proposed truck terminal operations at 4133 Bandini Boulevard subject to certain "Conditions." Vernon staff has met with representatives of JCI on numerous occasions in order to address and review specific Conditions that they have failed to meet. The Conditions that JCI has failed to comply with are "b, f, and r" and are set forth in their entirety below: b. The two (2) existing underground tanks are required to be maintained in compliance with Vernon Ordinance No. 944. Tanks must continue to be monitored and operating permits must be properly transferred. The underground tanks shall not be used for the storage of hazardous wastes. Plans for a new fuel station must be submitted for review and approval. f. Servicing of vehicles including washing, steam cleaning, and repairing shall be performed in facilities in compliance with appropriate codes. An operation plan for exterior washing of company vehicles shall be submitted for review and approval. No cleaning of the interior of any tankers or storage containers shall be performed at this location. Only equipment or vehicles of JCI shall be repaired or washed at this site. r. JCI shall grant to the city of Vernon an easement for the existing underground electric cables which feed their pad-mounted transformers. Irregardless of the numerous contacts with representatives of JCI they have continued in non-compliance with these specific Conditions. Submitted herewith are copies of: 1. Letter to JCI dated March 10, 1994 advising of the Public Hearing and the recommendation of staff for City Council to consider the termination of JCI's Conditional Use Permit pursuant to Vernon City Code section 18A.1I. 2. Notice of Pubic Hearing dated March 15, 1994 and Proof of Publication dated March 16, 1994. 3. Engineer's Report submitted by the Interim Director of Community Services on March 29, 1994. 4849, I I City Council Minutes page 3 April 5, 1994 This has been reviewed by the Interim Director of Community services, the Director of Environmental Health, and the City Attorney, and it is hereby recommended that the Conditional Use Permit of JCI Environmental Services, Inc. to operate a truck terminal at 4133 Bandini Boulevard be revoked for non-compliance with certain Conditions. The following persons addressed the City Council concerning this matter: Edward Romero, Executive Vice President, JCI Environmental Services, Inc. Andrew J. Yamamoto, Attorney at Law, representing Mothers of East Los Angeles, and submitting Declarations related to capri, Inc. Aurora Castillo, representing Mothers of East Los Angeles. victor H. Vaits, Interim Director ofi community Services. David B. Brearley, City Attorney. It was moved by McCormick, seconded by Davis, to close the Public Hearing pertaining to JCI Environmental Services, Inc., the time being 6:00 p.m. Motion carried. It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated February 18, 1994 and all supporting documents pertaining to JCI Environmental Services, Inc. be received and filed as evidence. Motion carried. The representative of JCI, during this Public Hearing, requested that they be permitted additional time in order to comply with the conditions and offered to deposit $50,000 within seven days guaranteeing faithful performance. He also requested 60 days to perform the work. It was moved by Gonzales, seconded by McCormick, that JCI Environmental Services, Inc. be permitted to deposit $50,000 and sign a forfeitable faithful performance guarantee within seven (7) days; and, any failure to meet this requirement, the Council will schedule the matter for decision at the next City Council Meeting. Motion carried. It was moved by Ybarra, seconded by McCormick, that if receipt of the $50,000 forfeitable Performance Bond is submitted as required, sixty days will be given for JCI to complete the correcting and/or adhering to of all requirements of the Conditional Use Permit which they have been notified of that are in non-compliance. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from Modern Foods, Inc. for a Variance to allow the tenant to utilize two non-conforming truck docks at 2317 38th Street, the time being 6:01 p.m. Motion carried. victor Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated March 22, 1994, was presented, advising that Modern Foods, Inc. has submitted an application for a Variance from the Comprehensive Zoning ordinance, section 26.4.2-9, Development Standards, for the building located at 2317 38th Street, and transmitting the following evidence: 4848 I I city council Minutes page 4 April 5, 1994 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has two non-conforming truck docks measuring 10 feet wide; one dock is 48 feet long and one is 27.7 feet long. The company is proposing to use only vehicles of a smaller length at these docks. For vehicles of greater length, the dock of their adjacent building and sister company, Sweetener Products, will be used. This has been reviewed by the Interim Director of community Services, and it is hereby recommended that the Variance be granted to Modern Foods, Inc. with the following Condition: 1. The usage of the loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of- way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked if anyone wished to address the city council on this matter. Mr. Robert Michaels, President of Modern Foods, Inc., addressed the City council and reaffirmed the information presented in the City Clerk's communication. It was moved by McCormick, seconded by Davis, to close the Public Hearing pertaining to Modern Foods, Inc., the time being 6:09 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication from the City Clerk dated March 22, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Modern Foods, Inc. contingent upon their adherence to Condition No.1. Motion carried. RESOLUTION NO. 6401 - A Resolution of the City Council of the City of Vernon Granting a Variance to Modern Foods, Inc., from Section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 2317 38th Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6401 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider a request from S:mdberg Furniture Mfg. Co., Inc. for a Variance to allow the tenant to utilize three non-conforming truck docks at 5705 Alcoa Avenue, the time b~ing 6:10 p.m. Motion carried. victor Vaits, Interim Director of Community services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, city Clerk, dated March 22, 1994, was presented, advising that Sandberg Furniture Mfg. Co., Inc. has submitted an application for a Variance from the Comprehensive Zoning Ordinance, section 26.4.2- 8, Development Standards, for the building located at 5705 Alcoa Avenue, and transmitting the following evidence: 1. Application for Variance: 2. Affidavits of posting and mailing: 4847 I I City Council Minutes page 5 April 5, 1994 3. Notice of Public Hearing: 4. Engineer's Report. The building has one conforming truck dock and three non- conforming truck docks 50.1 feet long and 10 feet wide. This has been reviewed by the Interim Director of community services and it is hereby recommended that the Variance be granted with the following Conditions: a. The usage of the loading spaces phall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as it existed on March 17, 1994: b. The exterior portion of the loading docks shall be removed and prior to modification, applicant shall obtain all of the necessary permits from the City of Vernon; c. When the street right-of-way is scheduled to be widened to comply with the Master Plan of streets, dated June 16, 1992, applicant shall dedicate the necessary street r~ght-of-way-to the City of Vernon at no cost, and the usage of the truck loading spaces shall be limited so that any truck parked at the loading docks shall not ex- tend into the new street right-of-way or the docks shall be recessed to comply with the Com- prehensive Zoning Ordinance, section 26.4.2-8(c) . The Mayor asked if anyone in the audience wished to address the City Council. No one in the audience wished to address the city Council on this matter. Councilman Davis asked if the location was north of Slauson, and not Fruitland. Mr. vaits replied yes, it is north of Slauson Avenue. It was moved by Gonzales, seconded by McCormick, to close the Public Hearing pertaining to Sandberg Furniture Mfg. Co., the time being 6:14 p.m. Motion carried. It was moved by Mccormick, seconded by Davis, that the communication from the city Clerk dated March 22, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Sandberg Furniture Mfg. Co. contingent upon their adherence to the aforementioned Conditions "a" thru "c". Motion carried. RESOLUTION NO. 6400 - A Resolution 9f the City Council of the City of Vernon Granting a Variance to sandberg Furniture Mfg. Co., Inc. from section 26.4.2-8, Development Standards, of the Comprehensive zoning Ordinance, for Property Located at 5705 Alcoa Avenue in the City of Vernon, was presented. It was moved by Mccormick, seconded by Davis, that Resolution No. 6400 be approved and adopted. Motion carried. It was moved by Ybarra, seconded by Davis, to open the PUBLIC HEARING to consider a request from stavco, Inc. for a Variance to allow the tenant to utilize three non-conforming truck docks at 4185 Charter Street, the time being 6:14 p.m. Motion carried. 484,6 I I city Council Minutes page 6 April 5, 1994 Victor Vaits, Interim Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Bruce V. Malkenhorst, City Clerk, dated March 22, 1994, was presented, advising that Stavco, Inc. has submitted an application for a Variance from the Comprehensive zoning Ordinance, section 26.4.2-8, Development Standards, for the building located at 4185 Charter Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has three non-conform~~g truck docks 58.6 long; one is 11.8 feet wide and two are 9 feet wide. They are proposing to use only vehicles of a smaller Qength at these docks. This has been reviewed by the Interim Director of community Services, and it is hereby recommended that the Variance be granted with the following Condition: 1. The loading spaces shall be limited so that any truck parked at the loading docks shall not extend into the street right-of-way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked how wide the street was. Mr. vaits said he believed it was 50' wide. The Mayor asked if anyone in the audience wished to address the Council. There was no one who wished to address the Council on this matter. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing ~ertaining to Stavco, Inc., the time being 6:16 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated March 22, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to Stavco, Inc. contingent upon their adherence to Condition No.1. Motion carried. ~ RESOLUTION NO. 6399 - A Resolution Of the city Council of the city of Vernon Granting a Variance to Stavco, Inc., from section 26.4.2-8, Development Standards, of the Comprehensive Zoning Ordinance, for Property Located at 4185 Charter Street in the City of Vernon, was presented. It was moved by Ybarra, seconded by,Gonzales, that Resolution No. 6399 be approved and adopted. Motion carried. It was moved by Gonzales, seconded by Davis, to open the PUBLIC HEARING to consider a request for a Variance from B.M.Y. International to allow the tenant to utilize one non- conforming truck dock at 5025 Hampton Street, the time being 6:17 p.m. Motion carried. victor Vaits, Interim Director of Community services, addressed the City Council and briefly summarized this matter. 4845 I I city Council Minutes page 7 ipril 5, 1994 communication from Bruce V. Malkenhorst, City Clerk, dated March 23, 1994, was presented, advising that B.M.Y. International has submitted an application for a ,Variance from the Comprehensive Zoning Ordinance, sections 26,4.2-7 and 26.4.2- 8, Minimum Truck Parking and Loading Facility Requirements, and Development Standards, respectively, for the building located at 5025 Hampton Street, and transmitting the following evidence: 1. Application for Variance; 2. Affidavits of posting and mailing; 3. Notice of Public Hearing; 4. Engineer's Report. The building has one non-conforming truck dock measuring 46.7 feet long and 11.2 feet wide. This has been reviewed by the Interim Director of Community Services, and it is hereby recommended that the Variance be granted with the following Condition: 1. The usage of the loading space .shall be limited so that any truck parked at the loading dock shall not extend into the street right-of- way as shown on the Master Plan of Streets dated June 16, 1992. The Mayor asked if anyone in the aucience wished to address the Council. There was no one who wished to address the Council on this matter. It was moved by Mccormick, seconded by Davis, to close the Public Hearing pertaining to B.M.Y. International, the time being 6:19 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated March 23, 1994 and all supporting documents be received and filed as evidence, and that the Variance be granted to B.M.Y. International cantingent upon their adherence to Condition No.1. Motion carried. RESOLUTION NO. 6402 - A Resolution of the City Council of the City of Vernon Granting a Variance to B.M.Y. International, From Section 26.4.2-7 and 26.4.2-8 of the Comprehensive Zaning Ordinance, for Property Located at 5025 Hampton Street in the City of Vernon, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6402 be approved and adopted. Motion carried. Communication from Kenneth J. DeDario, Director of Light and Power, dated February 28, 1994, was presented, requesting authority and funds far James Gonzales, Field Operations Manager, and Jorge Somoano, Resource Planning Manager, to attend the Contracts Management and Administration Seminar in Buena Park, May 4-6, 1994, with an expense allowance of $832 each. It was moved by Ybarra, seconded by Davis, that authority be granted for James Gonzales and Jorge Somoano to attend the aforementioned seminar with an expense allowance .of $832 each. Motion carried. 4844 I I t x z city council Minutes page 8 April 5, 1994 communication from Fire Chief Dave Telford, dated March 2, 1994, was presented, requesting authority and funds for Firefighters Dan Armellini, Doug Barker, Tom Egan, Andrew Kroner, Todd Painton and Barry Schoolmeester to attend the Hazardous Material Specialist Upgrade Course, Module 1F, in Santa Fe Springs, May 2-6, 1994, with an expense allowance of $350 each for the registration fee. It was moved by McCormick, seconded by Davis, that authority be granted for the above listed Firefighters to attend the aforementioned course with an expense allowance of $350 each for the registration fee. Motion carried. Communication from Fire Chief Dave Telford, dated March 2, 1994, was presented, requesting authority and funds for Firefighters Dan Armellini, Doug Barker, Tom Egan, Andrew Kroner, Todd painton and Barry Schoolmeester to attend the Hazardous Material Specialist Upgrade Course, Module 1G, in Santa Fe Springs, May 9-13, 1994, with an expense allowance of $350 each for the registration fee. It was moved by Gonzales, seconded by Ybarra, that authority be granted for the above listed Firefighters to attend the aforementioned course with an expense allowance of $350 each for the registration fee. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 2, 1994, was presented, requesting authority and funds for Officer Robert Osborne to attend the Field Training Officer Course at the Orange County Sheriff's Department, May 9-13, 1994 with an expense allowance of $457.08 of which $394.20 will be reimbursed by POST. It was moved by McCormick, seconded by Ybarra, that authority be granted for Officer Robert Osborne to attend the aforementioned course with an expense allowancp- of $457.08. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 10, 1994, was presented, requesting authority and funds for Police Sergeant Anthony Zack to attend a supervisory course at Golden West College, May 2-13, 1994, with an expense allowance of $405.50 of which $236 will be reimbursed by POST. It was moved by Ybarra, seconded by Davis, that authority be granted for Sgt. Anthony Zack to attend the aforementioned course with an expense allowance of $405.50. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 10, 1994, was presented, requesting authority and funds for Officer Daniel Calleros to attend a Crime Scene Investigation Course in Santa Maria, May 2-6, 1994, with an expense allowance of $564.60 of which $515.60 will be reimbursed by POST. It was moved by Gonzales, seconded by Mccormick, that authority be granted for Officer Daniel Calleros to attend the aforementioned course with an expense allowance of $564.60. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated March 13, 1994, was presented, requesting authority and funds for Elizabeth Sawickis, Records Manager, to attend the California Law Enforcement Agencies Records Supervisor's Training Conference in Redding, May 10-13, 1994, with an expense allowance of $890. It was moved by Ybarra, seconded by Davis, that authority be granted for Elizabeth Sawickis to attend the aforementioned conference with an expense allowance of $890. Motion carried. 4843 I I city Council Minutes page 9 4~pril 5, 1994 communication from Bruce V. Malkenhorst, City Clerk, dated March 15, 1994, was presented, requesting authority and funds for Sharon Duckworth, Deputy city Treasurer, to attend the California Municipal Treasurers Association Annual Conference in Oakland, April 18-22, 1994, with an expense allo~ance of $1,032.90. It was moved by McCormick, seconded by Gonzales, that authority be granted for Sharon Duckworth to attend the aforementioned conference with an expense allowance of $1,032.90. Motion carried. Communication from Richard W. Atwater, General Manager of the Central Basin Municipal Water District, dated March 15, 1994, was presented, requesting the Council's consideration of the District's application fo~ an encroachment permit (dated August 23, 1993) concerning installation of underground pipelines in portions of Downey Road, 46th Street, Packers Avenue, Boyle Street, Fruitland Avenue, 55th Street, and other portions of the City. Mr. Steven O'Neill addressed the Council on behalf of the Central Basin Municipal Water District regarding their application for an encroachment permit. He indicated they settled with Southern California Gas Company for $100,000 and agreed not to install the water line in Downey~oad. He referenced a December 27, 1993 letter from Vict.or H. vaits and stated that Central Basin is willing to comply with the requests of the City of Vernon and will meet these conditions if the encroachment permit is issued to them. He added that Central Basin has already awarded the contract and the delay is costing money. Councilman Gonzales said he had several questions of city staff that he would like answered prior tqtaking any action on this matter. ! David B. Brearley, City Attorney, stated that he and the City Administrator met with Mr. Ralphs about six weeks ago and advised him that additional information was needed; however, nothing has been received by the City Administrator or myself. Mr. O'Neill asked if he could be advised of what information was needed and he would attempt to get it for the City. Bruce V. Malkenhorst, City Clerk, advised that the City Attorney would direct a communication to the Central Basin Municipal Water District regarding the information that was supposed to be provided to the City as of the last meeting that was held with Mr. Ralphs. Mr. Brearley stated he would send the letter to Central Basin with a copy to Mr. O'Neill. It was moved by Gonzales, seconded by Mccormick, to defer the matter pertaining to the Central Basin Municipal Water District's request for an Encroachment Permit to the next City Council Meeting. Motion carried. '. Communication from Bruce V. Malkenhorst, City Administrator, dated March 21, 1994, was presented, requesting authority and funds for himself, Mayor Pro Tern Thomas Ybarra, and Councilmen William Davis and Hilario Gonzales to attend the California Municipal Treasurers Association Annilal Conference in Oakland, April 18-22, 1994, with an expense allowance of $1,168.50 each. It was moved by Mccormick, seconded by Davis, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $1,168.50 each. Motion carried. 4842 I I city Council Minutes page 10 April 5, 1994 communication from Bruce V. Malkenhorst, City Administrator, dated March 22, 1994, was presented, requesting authority and funds for himself, Mayor Pro Tem Thomas Ybarra and councilmen William Davis and William McCormick to attend the California Contract cities Association Annual Conference in Palm springs, May 19-22, 1994, with an expense allowance of $1,155 each. It was moved by Davis, seconded by Gonzales, that authority be granted for the above listed City officials to attend the aforementioned conference with an expense allowance of $1,155 each. Motion carried. . I' Communication from Lewis pozzebon, Director of Environmental Health, dated March 22, 1994, was presented, requesting authority and funds for James wilcox, Environmental Specialist, to attend the California Environmental Health Association Educational Symposium in Sacramento, May 4-6, 1994, with an expense allowance of $750.72. It was moved by Ybarra, seconded by McCormick, that authority be granted for James wilcox to attendj'the afore- mentioned symposium with an expense allowance of $750.72. Motion carried. communication from Bruce V. Malkenhorst, City Clerk, dated March 23, 1994, was presented, transmitting results of Bids opened March 15, 1994 in accordance with Bid No. 1334 for one Truck Mounted Aerial Lift Service Truck: Golden State Ford Truck Sales Simon West Coast, Inc. GMC Truck Center Carmen ita Ford Truck Transwest Ford $106,451.97 107,737.98 108,309.54 No Bid No Bid The bids were reviewed by the Director of Light and Power and the Purchasing section and it was determined that the bid of Golden State Ford Truck Sales did not meet all specification; therefore, their bid was rejected. It is hereby recommended that Bid No. 1334 be accepted and the bid awarded to Simon West Coast, Inc. on the basis of their bid of $107,737.98. The City Clerk advised that this matter should be referred to the City Attorney for further review. It was moved by Davis, seconded by Gonzales, that the aforementioned matter pertaining to Bid No. 1334 be referred to the City Attorney for review. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 23, 1994, was presented, advising that in accordance with AB 939, the Integrated Waste Management Act, the City adopted a Source Reduction and Recycling Elemen.ts (SRRE) plan in January 1992 with the assistance of Emcon Associates. The state legislature has now passed AB 440 which impacts 'the recycling mandates, and the City must submit the following materials to the California Integrated Waste Management Board by April 30, 1994. 1. SRRE and Household Hazardous Waste Element with documentation showing regulatory compliance with public notice requirements. 2. Nondisposal Facility Element (NDFE) 3. AB 440 Progress Survey This has been reviewed by the Director of Environmental Health and it is hereby recommended that a contractual agreement with Emcon Associates to assist City staff in preparing documents to comply with AB 440, at a not to exceed cost of $34,500, be approved and executed, contingent upon the city Attorney's approval as to form of the agreement. 4841 I I City Council Minutes page 11 April 5, 1994 It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated March 23, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6407 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Contractual Services By and Between the city of Vernon and Emcon Associates to Provide Consulting services for the Implementation of AB 440, was presented. It was moved by Davis, seconded by Gonzales, that Resolution No. 6407 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated March 24, 1994, was presented, requesting authority and funds for Gloria J. Orosco, Chief Deputy City qlerk, to attend the Association of Records Managers - Records and Information Management Seminar in Costa Mesa on April 19, 19~4, with an expense allowance of $111.50. I It was moved by McCormick, seconded by Ybarra, that authority be granted for Gloria J. Orosco to attend the aforementioned seminar with an expense allowance of $111.50. Motion carried. Communication from victor H. Vaits, ('Interim Director of Community Services, dated March 28, 1994, was presented, transmitting Contract No. 520, Resurfacing of Certain Streets, and recommending that the Contract be approved and authority granted to advertise for bids. It was moved by Ybarra, seconded by Gonzales, that the recommendation of the Interim Director of Community Services pertaining to Contract No. 520 be approved. Motion carried. RESOLUTION NO. 6403 - A Resolution of the City Council of the City of Vernon Approving Contract No. 520 of the City of Vernon for Resurfacing of certain Streets and Authorizing Notice Inviting Sealed Proposals or Bids in Accordance Therewith, was presented. It was moved by McCormick, seconded by Davis, that Resolution No. 6403 be approved and adopted. Motion carried. Communication from victor H. vaits, Interim Director of Community Services, dated March 30, 1994, was presented, transmi tting the results of bids received and oI1ened March 8, 1994 in accordance with Contract No. 521, Traffic Pavement S~riping, 1994, as listed below: I.P.S. Services, Inc. Arrow Straight Marking and Striping Service Orange County Striping Services, Inc. $37,327.33 42,877.05 52,848.02. Staff of the Community Services Department reviewed the bids, and it was found that the lowest bidder unbalanced his bid by measuring broken lane lines differently than the City requires; thus, the measuring difference would make the final contract amount about $79,000. It is hereby recommended that all bids be rejected. It was moved by Ybarra, seconded by Davis, to reject all bids received in accordance with Contract No. 521. Motion carried. Communication from victor H. Vaits, Interim Director of Community Services, dated March 30, 1994, wa.s presented, transmitting Contract No. 522, Traffic Pavement. Striping, 1994, and recommending that the Contract be approved and authority granted to advertise for bids. 4840 I I City Council Minutes page 12 April 5, 1994 It was moved by McCormick, seconded by Gonzales, that the recommendation of the Interim Director of Community Services pertaining to Contract No. 522 be approved. Motion carried. RESOLUTION NO. 6404 - A Resolution of the City Council of the City of Vernon Rejecting All Bids for Contract No. 521, Approving Contract No. 522, and Authorizing" Notice Inviting Sealed Proposals or Bids for Traffic Pavement striping 1994 in Accordance with Contract No. 522 of the City of Vernon, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6404 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, city Clerk, dated March 31, 1994, was presented, transmitting a Memorandum of Understanding Regarding Hazardous Materials Incidents between the city of Vernon and the City of Santa Fe Springs which provides for emergency responses to Haz-Mat incidents within the boundaries of either city by trained staff and equipment from each city. This has been reviewed by the Fire Chief and the city Attorney, and it is hereby recommended that the MOU be approved and executed. It was moved by Gonzales, seconded by McCormick, that the communication from the city Clerk dated March 31, 1994 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6406 - A Resolution qf the City Council of the City of Vernon Approving and Authorizing the Execution of a Memorandum of Understanding Regarding Hazardous Materials Incidents By and Between the City of Vernon and the City of Santa Fe Springs, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6406 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated March 31, 1994, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held April 4, 1994, for approval of the recommendations contained therein. It was moved by McCormick, seconded by Gonzales, that the recommendations contained in the Agenda for the Personnel Committee Meeting held April 4, 1994, be approved. WARRANT REGISTER NO. 885 covering claims and demands presented during the period of March 11 thru March 31, 1994, drawn on the First Interstate Bank totaling $261,449.78, which includes Demand Nos. 46106 thru 46355 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period April, 1994) was examined and audited: 46130 46136 46160 46161 46162 46163 46221 46324 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 885 be approved and payment authorized for claims and demands totaling $261,449.78, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 885 covering claims and demands presented during the period of March 11 thru March 31, 1994, drawn on the First Interstate Bank totaling $3,~64,158.66 which includes Light and Power Demand Nos. as listed below period April, 1994) was examined and audited: I I city council Minutes April 5, 1994 page 13 46108 46128 46154 46180 46225 46252 46310 46344 46110 46129 46157 46181 46226 46253 46321 46347 46111 46132 46165 46186 46236 46264 46323 46355 46120 46137 46166 46194 46243 46278. 46325 46121 46139 46169 46203 46245 46284 46331 46122 46140 46170 46209 46246 46292 46339 46123 46141 46174 46212 46248 46298 46340 46125 46153 46175 46220 46250 46308 46342 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 885 be approved and payment authorized for Claims and Demands totaling $3,264,158.66. 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. The Mayor called a recess at 6:48 p.m. The Council reconvened in regular session at 6:53 p.m., all members present before the recess again being present. It was moved by McCormick, seconded by Ybarra, that the Council go into Closed Session to confer with Legal Counsel on Items 1 and 2 listed below, the time being 6:53 p.m. Motion carried. 1. with respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54956.9(a). CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Names of Cases: SoCalGas v. Vernon, Appeal No. B077228/LASC No. BS017468; CPUC Docket No. A.91-03-039 (SoCaIGas); Vernon v. SoCalGas, USDC No. 92-3435 SVW (ctx); Alan R. Jauri v. city of Vernon; WCAB Case No. 89 LA0621539 2. With respect to every item of business to be discussed in Closed Session pursuant to Government Code section 54956.95. LIABILITY CLAIMS Claimant: Edwin A. Martinez Agency Claimed Against: City of Vernon All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, and Chief Deputy City Clerk. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. Mayor Malburg was excused at 7:03 p.m. Mayor Malburg returned at 7:10 p.m. It was moved by Mccormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session" the time being 7:10 p.m. Motion carried. It was moved by Davis, seconded by ~onzales, that Alan R. Jauri v. city of Vernon WCAB Case No. 89 LA0621539 be settled in the amount of $7,000. Motion carried. 4838 I I City Council Minutes page 14 April 5, 1994 It was moved by Ybarra, seconded by Mccormick, that the Liability Claim of Edwin A. Martinez be settl.ed contingent upon full release of all parties in the amount of $930.67. Motion carried. No further action was taken by the city council at this time. There being no further business to come before the Council, it was moved by MCCormick, seconded by Ybarra, that the meeting adjourn. Motion carried. ATTX- ~ Bruce V. Malkenhorst, City 4837