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19950404 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNOI~ HELD APRIL 4, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Davis, Gonzales, McCormick MEMBERS ABSENT: Malburg (Excused) Ybarra. The meeting was called to order by Mayor Pro Tern It was moved by Ybarra, seconded by Davis, that the Minutes of the City Council Meeting held March 7, 1995, be deferred to the next City Council Meeting. Motion carried. It was moved by McCormick, seconded by Davis, that the Minutes of the Adjourned Regular City Council Meeting held March 28, 1995, be deferred to the next City Council Meeting. Motion carried. Police Department Activity Log for the period March 16 thru 31, 1995, was presented. It was moved by Davis, seconded by McCormick, that the Police Department Activity Log for the period March 16 thru 31, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period March 16 thru 31, 1995, was presented. It was moved by Gonzales, seconded by Davis, that the Fire Department Activity Report for the period March 16 thru 31, 1995, be received and f~led. Motion carried. The City Clerk announced 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 Pro Tern 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 who wished to address the Council at this time. It was moved by McCormick, seconded by Davis, to open the PUBLIC BEARING, the time being 5:09 p.m., to consider a request from Pennzoil Products Company for a Conditional Use Permit to allow the applicant to operate a petroleum related use at 3430 26th Street, Vernon. Pennzoil currently occupies the site and is proposing to modernize and upgrade the existing facility. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this matter. Communication from Kevin Wilson, Acting Director of Community Services, dated March 30, 1995, was presented, advising that Pennzoil Products Company has applied for a Conditional Use Permit to operate a petroleum related use at 3430 26th Street, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 511. I I City Council Minutes page 2 April 4, 1995 2. Engineer's Report; 3. Initial study; 4. Notice of Public Hearing, Notice of Intent, copies of notification letters to owners and tenants in the area and affidavits of posting and mailing; 5. Proposed Negative Declaration; 6. Proposed Mitigation Monitoring Plan. It is the opinion of the Acting Director of Community Services that the proposed operation will pose no adverse effects to the City of Vernon with the required mitigating measures, and will have no significant effects on the environment. The project is consistent with the General Plan as adopted by the City of Vernon and has been reviewed by the City Attorney, and it is recommended that the following Conditions be placed on a Conditional Use Permit for Pennzoil Products Company. a. The facility shall be operated in accordance 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 or other nuisances. A business license and occupancy permit shall be maintained. 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. Only those substances approved by the Health and Fire Departments shall be stored, used or handled at the site. 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. Where parking or maneuvering areas adjoin the public street a barrier shall be constructed. d. Plans for improvements to the facility and construction of structures shall be submitted to both the City of Vernon's Community Services and Health Departments for review and approval. e. A National Pollutant Discharge Elimination System Permit shall be obtained from the California State Board of Water Resources. f. All required federal, state, local, and regulatory agency permits shall be obtained and maintained. g. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. h. Pennzoil Products Company shall dedicate property for the widening of 26th Street as required to comply with the Master Plan of City Streets. Pennzoil Products Company shall repair any broken, cracked or displaced sidewalk, drive- ~:~~3 ':,'t I I City Council Minutes page 3 April 4, 1995 way, curb or gutter adjoining the site and shall construct new sidewalk and driveway in the widened portion. Any interfering objects shall be relocated by Pennzoil. i. Pennzoil shall construct all improvements substantially in accordance with Engineer's Report. j. Pennzoil Products Company shall perform the mitigating measures set forth herein. Based on the aforementioned information, it is hereby recommended that the City Council make the following determinations: 1) That the project is consistent with the General Plan as adopted by the City of Vernon. 2) That the project will not have a significant effect on the Environment because of the mitigating measures contained in the Negative Declaration; and 3) That the project will not individually or cumulatively have an adverse effect on wildlife resources. It is also recommended that: 1. The Negative Declaration be adopted contingent on the following mitigating measures: A. Pennzoil Products Company shall provide secondary containment for all stored hazardous materials. B. Pennzoil Products Company shall have onsite spill response resources. Pennzoil Products Company shall contract at all times with a private firm to provide emergency spill response services. C. Pennzoil Products Company shall submit for approval by the Vernon Health Department an Emergency Response Action Plan and a Facility Response Plan. These plans shall be updated as necessary. D. Pennzoil Products Company shall comply with the Conditions set fortn herein. 2. A Notice of Determination and a De Minimis Finding be filed with the County Clerk. 3. The Mitigation Monitoring Program be approved. It is further recommended that a Conditional Use Permit be granted to Pennzoil Products Company subject to the Negative Declaration and its Mitigating Measures and the Conditions set forth above as ~'a" thru "j": The Mayor Pro Tern asked if there were any questions from the City Council on this matter. The City Council had no questions. .pl~1~ I I City Council Minutes page 4 April 4, 1995 It was moved by Gonzales, seconded by Davis, to close the Public Hearing regarding the request for a Conditional Use Permit from Pennzoil Products Company, the time being 5:15 p.m. Motion carried. It was moved by McCormick, seconded by Gonzales, that the communication from the Acting Director of Community Services dated March 30, 1995 and all supporting documents be received and filed as evidence. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council hereby determines that the project is consistent with the General Plan as adopted by the City of Vernon. Motion carried. It was moved by McCormick, seconded by Gonzales, that the City Council hereby determines that the project will not have a significant effect on the Environment because of the mitigating measures contained in the Negative Declaration. Motion carried. It was moved by Davis, seconded by McCormick, that the City Council hereby determines that the project will not individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Gonzales, seconded by McCormick, that the Negative Declaration be adopted contingent upon Mitigating Measures A, B, C, and D (which wete submitted during the Public Hearing). Motion carried. It was moved by Davis, seconded by Gonzales, that a Notice of Determination and a De Minimus Finding be filed with the County Clerk. Motion carried. It was moved by McCormick, seconded by Davis, that the Mitigation Monitoring Program be approved. Motion carried. It was moved by McCormick, seconded by Gonzales, that a Conditional Use Permit be granted to Pennzoil Products Company subject to the Negative Declaration and its Mitigating Measures and the aforementioned Conditions set forth as "a" thru "j". Motion carried. RESOLUTION NO. 6607 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Pennzoil Products Company for the Operation of a Petroleum Related Use at 3430 26th Street, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6607 be approved and adopted. Motion carried. It was moved by McCormick, seconded by Davis, to open the PUBLIC BEARING to consider a request from Condor Freight Lines, Inc. for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 2720 26th Street, the time being 5:18 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the Council and briefly summarized this matter. Communication from Kevin Wilson, Acting Director of Community Services, dated March 30, 1995, was presented, advising that Condor Freight Lines, Inc. has applied for a Conditional Use Permit to operate a truck and freight terminal at 2720 26th Street, and transmitting the following supporting documents: .' ,'!i'171 I I City Council Minutes page 5 April 4, 1995 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. Condor Freight Lines, Inc. 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 Acting 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 it is recommended that the following Conditions be placed 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, 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 2720 26th 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. Where parking or maneuvering areas adjoin the public street a barrier wall shall be constructed to meet City standards. 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 buildings, 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. ... .. ~ .", 5170 I I City Council Minutes page 6 April 4, 1995 h. The current property owner shall submit docu- mentation of hazardous materials closure for 2720 26th Street based on its prior operation by LAWI/CSA Consolidators, Inc. i. Condor shall dedicate a 10 foot wide strip of land adjoining the subject property in order to widen the street to 30 feet wide south of the centerline of 26th street as shown on the Master Plan of Streets dated June 16, 1992. Five additional feet of sidewalk and driveway shall be constructed to increase the roadway width of 26th street to 30 feet as measured from the street centerline. A portion of the planter shall be relocated behind the new right-of-way line. The Fire Department connection, post indicator valve, and a portion of pipe shall be behind the new right-of-way line. All existing cracked sidewalk, curb, and gutter adjacent to the site in 26th Street shall be repaired to meet City standards. 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. 3. The Conditional Use Permit be granted to Condor Freight Lines, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "in. Councilman Davis asked Mr. Wilson about the widening of the sidewalk and the effect on the power poles, that is, would they have to be moved. Mr. Wilson replied that no, it would not require them to be moved. The Mayor Pro Tern asked if there were any questions from the audience. There were no questions. It was moved by McCormick, seconded by Gonzales, to close the Public Hearing regarding the request from Condor Freight Lines for a Conditional Use Permit, the time being 5:21 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that the communication from the Acting Director of Community Services dated March 30, 1995 and all supporting documents be received and filed as evidence. Motion carried. It was moved by Gonzales, seconded by Davis, that the City Council hereby finds that the proposed use is categorically exempt from the California Environmental Quality Act Process. Motion carried. It was moved by McCormick, seconded by Gonzales, that a Notice of Exemption be filed with the County Clerk. Motion carried. 51'1 I I City Council Minutes page 7 April 4, 1995 It was moved by Davis, seconded by McCormick, that a Conditional Use Permit be granted to Condor Freight Lines, Inc. contingent upon their adherence to the aforementioned Conditions "a" thru "in. Motion carried. RESOLUTION NO. 6606 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Condor Freight Lines, Inc. for the Operation of a Truck and Freight Terminal at 2720 26th Street, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 6606 be approved and adopted. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated March 30, 1995, was presented, advising that it has been found that the application from LAWI/CSA Consolidators, Inc. is incomplete, and recommending that the Public Hearing be removed from the Agenda and no further action taken unless, or until, a complete application is submitted. PUBLIC HEARING to consider a request from LAWI/CSA Consolidators, Inc. for a Conditional Use Permit to allow the applicant to operate a truck and freight terminal at 2043 Ross Street. It was moved by Gonzales, seconded by Davis, that the aforementioned Public Hearing pertaining to LAWI/CSA be removed from the Agenda and no further action taken. Motion carried. Communication from Fire Chief Dave Telford dated March 15, 1995, was presented, requesting authority and funds for Firefighters Darrin Curry, Michael Langer, Jason McEachran, and Mark Whitworth to attend the two courses listed below in Santa Fe Springs with an allowance of $350 each for registration for each class: Haz Mat Specialist Course Module IF - April 17-21, 1995 Haz Mat Specialist Course Module IG - April 24-28, 1995 It was moved by Gonzales, seconded by McCormick, that authority be granted for the above listed Firefighters to attend the aforementioned courses with an allowance of $350 each for each class. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 27, 1995, was presented, advising that Service Packi.ng Company has requested a Variance for a proposed ammonia refrigeration system to be installed at the building located at 3425 Vernon Avenue, and transmitting the Engineer's Report as prepared by the Department of Community Services. At this time, the proposed system is required to have an ammonia diffusion system for emergency use in accordance with Section 63.108(a) of the 1991 Uniform Fire Code (adopted by City Council in 1993), which requires the diffusion system to discharge into a tank with a capacity of two gallons of water for each pound of ammonia that is in the diffusing system. The 1991 Uniform Fire Code has been revised with the 1994 Uniform Fire Code, and Section 63.108(a) has been removed and replaced with Section 6309. The 1994 Uniform Fire Code requires only one gallon of water per pound of ammonia tank capacity; the City has not yet adopted the 1994 Uniform Fire Code, but is proposing to do so soon. The total amount of ammonia that is proposed to be present at Service Packing Company will be 8200 pounds which would require a 16400 gallon capacity tank and there is no room for a tank of that size on the property. The company is requesting a Variance from the ,,5'1&8 I I City Council Minutes page 8 April 4, 1995 two gallons of water per pound requirement and would like to provide a tank with one gallon per pound capacity in accordance with the 1994 Uniform Fire Code. This has been reviewed by the Acting Director of Community Services and the Fire Chief, and it is hereby recommended that the Variance be granted to Service Packing Company. If the Variance is granted no additional hazards will be introduced. It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated March 27, 1995 and all supporting documents be received and filed as evidence, and that a Variance be granted to Service Packing Company. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 20, 1995, was presented, requesting authority and funds for Office Manager Martha Valenzuela and Budget Auditor Sharon Duckworth to attend a "Windows" course in Burbank, April 21, 1995, with an expense allowance of $86.50 each. It was moved by McCormick, seconded by Davis, that authority be granted for Martha Valenzuela and Sharon Duckworth to attend the aforementioned course with an expense allowance of $86.50 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated March 30, 1995, was presented, transmitting an Engineer's Report pertaining to the properties at 4770 and 4800 Santa Fe Avenue, both owned by Winn Trust. Ivy Hill, a printing operation, occupies the building at 4800 Santa Fe, and is proposing to expand into the building at 4770 Santa Fe. They will need access between the buildings and are proposing to make an 11' by 12' opening in the adjoining walls. The trustee of the Winn Trust, Wells Fargo Bank, is requesting a Variance from the 1991 Edition of the Uniform Building Code, Table No.5-a: Wall and Opening Protection of Occupancies Based on Location of Property. The code states that no openings in the exterior wall are allowed within five feet of the property line. If the Variance is granted no additional hazards will be introduced. This has been reviewed by the Acting Director of Community Services, and it is hereby recommended that the Variance be granted with the following Conditions: 1. A three-hour fire rated door assembly shall be provided at the opening in the property line wall. The door shall have fusible links on both sides. 2. Upon any change in occupancy, ownership or use, the opening shall be permanently sealed. It was moved by Davis, seconded by Gonzales, that the communication from the City Clerk dated March 30, 1995 and all supporting documents be received and filed as evidence, and that a Variance be granted to Winn Trust contingent upon their adherence to the aforementioned Conditions Nos. 1 and 2. Motion carried. ORDINANCE NO. 1027 - An Ordinance of the City Council of the City of Vernon Amending and Correcting Various Sections of the Code of the City of Vernon, California, 1959 Pertaining to the Police Department, was read by Title by the City Clerk for a Second and Final Reading. $167 I I City Council Minutes page 9 April 4, 1995 It was moved by McCormick, seconded by Gonzales, that Ordinance No. 1027 be approved and adopted. Motion carried. Ayes: Noes: Absent: Ybarra, Davis, Gonzales, McCormick None Malburg WARRANT REGISTER NO. 911 covering claims and demands presented during the period of March 24 thru 30, 1995, drawn on the First Interstate Bank totaling $91,928.38, which includes Demand Nos. 51186 thru 51286 (inclusive), excluding Light and Power Demands and Void Demands as listed below (accounting period April, 1995) was examined and audited: 51189 51202 51205 51207 51208 51209 51240 It was moved by Davis, seconded by Gonzales, that Warrant Register No. 911 be approved and payment authorized for claims and demands totaling $91,928.38, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 911 covering claims and demands presented during the period of March 24 thru March 30, 1995, drawn on the First Interstate Bank totaling $33,175.74, which includes Light and Power Demand Nos. as listed below (accounting period April, 1995) was examined and audited: 51188 51190 51194 51195 51214 51230 51232 51237 51248 51249 51250 51252 51257 51265 51272 51274 51283 51284 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 911 be approved and payment authorized for claims and demands totaling $33,175.74. 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, Director of Personnel, dated March 30, 1995, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held April 3, 1995, for approval of the recommendations contained therein. It was moved by Gonzales, seconded by McCormick, that the recommendations listed on the Agenda for the Personnel Committee Meeting held April 3, 1995 be approved. Motion carried. The City Clerk read the results, as listed below, of the bids received and opened this date at 2 p.m. for Bid No. 1343, for TWO PADMOUNT TRANSFORMERS for the Light and Power Department: 1. Southcoast utility Sales Co. 2. Howard Industries 3. Cooper Power Systems 4. General Electric 5. ABB $13,373.00 (no tax) 18,733.75 15,357.42 21,068.70 15,577.00 It was moved by McCormick, seconded by Gonzales, that the Bids be received and referred to the Director of Light and Power for review. Motion carried. I I City Council Minutes page 10 April 4, 1995 Results of bids opened this date in accordance with Bid No. 1344. The City Clerk announced that there were no bids received for Bid No. 1344, for ONE UTILITY PICKUP TRUCK. The Mayor Pro Tern called a recess at 5:34 p.m. The Council reconvened in regular session at 5:36 p.m., all members present before the recess again being present. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Item No. 1 listed below, the time being 5:36 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, and Chief Deputy City Clerk. The Mayor Pro Tern ordered all communications to and from the Closed Session deemed privileged and confidential. 1. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54957. a. EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE It was moved by Davis, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 5:37 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Item No. 2 listed below, the time being 5:37 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, and Chief Deputy City Clerk. The Mayor Pro Tern ordered all communications to and from the Closed Session deemed privileged and confidential. 2. With respect to every item of business to be discussed in Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) City of Vernon vs. Central Basin Municipal Water District, LASC No. BC 121124; (b) City of Vernon, et al. vs. City of Los Angeles, et al., LASC No. BS 032326; (c) CPUC Docket No. A.93-09-006 (BCAP); (d) City of Anaheim, etc. vs. City of Vernon, LASC BC 104302; (e) The Atchison, Topek~ and S~nta Fe Railw9Y vs. City of Vernon; LASC No. BC 124510; 51\65:: I I City Council Minutes page 11 April 4, 1995 It was moved by McCormick, seconded by Gonzales, that the Council go out of Closed Session and resume regular session, the time being 5:55 p.m. Motion carried. There being no further business to come before the Council at this time, it was moved by McCormick, seconded by Gonzales, that the meeting adjourn. Motion carried. ATTEST: ..",." ~~--.".. ~- .~4~" ~ . "i. /;,v./:/ / . ___ /- ..', <::'/'7...~ ..'-- . ~<. Bruce V. Malkenhorst- City Administrator -;//~/ t< ,,~~ Thomas A. Ybar: a Mayor Pro Tern 5164