Loading...
19951205 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD DECEMBER 5, 1995 AT 5 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Malburg, Ybarra, Gonzales, McCormick, Davis 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 November 7, 1995, be approved as submitted and adopted. Motion carried. 1995. Minutes of the City Council Meeting held November 21, It was moved by Gonzales, seconded by Ybarra, that the Minutes of the City Council Meeting held November 21, 1995, be deferred to the next City Council Meeting. Motion carried The Mayor presented a Five Year Service Pin Award to Police Officer Charles Solano and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their Service Pin Awards were accepted by Police Captain Mason: Ben Busse, Police Sergeant - 5 Years Jeff Bullock, Police Officer - 5 Years Ronald McQuire, Police Officer - 5 Years Richard Harvison, Police Officer - 5 Years The Mayor called a recess at 5:27 p.m. The Council reconvened in regular session at 5:28 p.m., all members present before the recess again being present. Communication from Bruce V. Malkenhorst, City Clerk, dated November 29, 1995, was presented, advising that the Light and Power Department has selected Curtis L. Kirkland, Senior Electronics Technician, to receive the SPIRITS 1994 ANNUAL DEPARTMENT AWARD (Level II). It was moved by Gonzales, seconded by Davis, that the communication from the City Clerk dated November 29, 1995 be received and filed. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 29, 1995, was presented, advising that James Wilcox, Senior Environmental Specialist, has been selected to receive the SPIRITS 1994 ANNUAL DEPARTMENT AWARD (Level II), for the combined City Administrator's office. It was moved by McCormick, seconded by Ybarra, that the communication from the City Clerk dated November 29, 1995, be received and filed. Motion carried. The Mayor called a recess at 5:30 p.m. The Council reconvened in regular session at 5:31 p.m., all members present before the recess again being present. Police Department Activity Log for the period November 16 thru 30, 1995, was presented. 534,8 I I City Council Minutes page 2 December 5, 1995 It was moved by McCormick, seconded by Gonzales, that the Police Department Activity Log for the period November 16 thru 30, 1995, be received and filed. Motion carried. Fire Department Activity Report for the period November 16 thru 30, 1995, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period November 16 thru 30, 1995, be received and filed. Motion carried. The City Clerk announced that now was the time for anyone in the audience to address the City Council on any matter listed on the Agenda other than with regard to any Public Hearings that may be listed. There was no one present who wished to address the City Council at this time. David B. Brearley, City Attorney, advised the Council that the following matter should be deferred to the next City Council Meeting. Communication from Bruce V. Malkenhorst, City Clerk, dated November 2, 1995, advising that Douglas Steel Company is requesting the City's assistance in developing property at the northeast corner of Slauson and Alcoa Avenue which will consist of the construction of a 60,000 square ft. industrial/ manufacturing facility at a cost of approximately $4.5 million. They are specifically requesting assistance from the City in relocating power poles and providing electrical service to their meter. Douglas Steel has agreed to a seven year commitment to purchase up to approximately 1.1 megawatts of power which will result in additional monthly revenue for the Department of Light and Power. This has been reviewed by the City Attorney, and it is hereby recommended that an Electrical Service Agreement with Douglas Steel Supply Company be approved and executed. (Deferred from the City Council Meeting held November 21, 1995.) It was moved by Ybarra, seconded by Gonzales, that the aforementioned matter be deferred to the next City Council meeting. Motion carried. RESOLUTION NO. 6707 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Electrical Service Agreement By and Between the City of Vernon, the Redevelopment Agency of the City of Vernon and Douglas Steel Supply Company. (Deferred from the City Council Meeting held November 21, 1995.) It was moved by Ybarra, seconded by Davis, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. It was moved by Gonzales, seconded by Ybarra, to open the PUBLIC HEARING to consider the City of Vernon's application for Enterprise Funds in the amount of $500,000 under the State Community Development Block Grant (CDBG) Program. Funds would be for the purpose of creating off-site infrastructure improvements necessary to accommodate their expansion and/or relocation needs. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this issue and the Report to Vernon City Council submitted this date. 5347 I I City Council Minutes page 3 December 5, 1995 Communication from Bruce V. Malkenhorst, City Clerk, dated November 29, 1995, was presented, advising that staff of the Department of Community Services and our consultant, Cotton/Beland/ Associates, have prepared an application for a Grant of $500,000 from the State of California Department of Housing and Community Development, Community Development Block Grant (CDBG) Program. If successful in obtaining the grant, the City would utilize the funds to create a Public Infrastructure Grant Program. Improvements that are eligible for funding would include street widenings, utility relocations and infrastructure upgrades that are normally required at the time of subdividing a property or construction of major improvements on a lot. The Grantee will be required to fund 20% of the project costs excluding City utility relocation costs; the City will fund 20% of these utility relocation costs. This has been reviewed by the Acting Director of Community Services and the City Attorney, and it is hereby recommended that (1) the application be approved; (2) funding for utility relocation costs not to exceed $52,000 be authorized; and (3) the City Administrator/City Clerk be authorized to act on the City's behalf in all matters pertaining to the application and find that the citizen participation plan is in compliance with federal statute. It was moved by McCormick, seconded by Davis, to close the Public Hearing pertaining to the application for Enterprise Funds under the State Community Development Block Grant Program, the time being 5:35 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated November 29, 1995 be received and filed and his recommendations be approved, and that the Report submitted this date to Vernon City Council entitled State Community Development Block Grant Program - Economic Development Component be approved. Motion carried. RESOLUTION NO. 6723 - A Resolution of the City Council of the City of Vernon Approving an Application and Contract Execution for Funding from the Enterprise Fund Component of the Economic Development Allocation of the State Community Development Block Grant (CDBG) Program and Authorizing the Execution of a Grant Agreement and Any Amendments Thereto with the State of California for the purposes of this Grant, was presented. It was moved by Ybarra, seconded by Davis, that Resolution No. 6723 be approved and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, to open the PUBLIC HEARING to consider an application from Rehrig Pacific Company for a Conditional Use Permit to allow the applicant to operate a recycled materials processing facility at 4010, 4030, 4040 and 4050 26th Street in the City of Vernon, the time being 5:39 p.m. Motion carried. Kevin Wilson, Acting Director of Community Services, addressed the City Council and briefly summarized this issue. Communication from Kevin Wilson, Acting Director of Community Services, dated November 29, 1995, was presented, advising that Rehrig Pacific Company has applied for a Conditional Use Permit to operate a recycled materials processing facility at 4010, 4030, 4040, 4044, and 4050 26th Street, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 5346 I I City Council Minutes page 4 December 5, 1995 2. Engineer's Report; 3. Environmental Checklist; 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. 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 have no significant effects on the environment. The project is consistent with the General Plan as adopted by the City of Vernon. This has been reviewed by the City Attorney, and it is recommended that the Conditional Use Permit be subject to the following Conditions: a. The facility shall be operated in accordance with all current codes, rules, and regulations and shall be subject to City fees as adopted by the City of Vernon. A business license, occupancy permit, and permit for waste processing facility shall be maintained. b. The facility shall be operated in a manner that will prevent unsanitary conditions, odors, or other nuisances. c. A hazardous materials inventory and business/ contingency plan shall be submitted and shall include a new site map and contingency plan which includes the new areas of use. A hazardous materials permit shall be obtained from the City of Vernon Health Department. Only those sub- stances approved by the Health and Fire Depart- ments shall be sorted, used, or handled at the site. Hazardous materials wastes shall be handled and managed in compliance with all appropriate federal, state, and local laws. d. The facility shall meet the requirements of any regulations adopted pursuant to Public Resources Code, Section 43209 and the requirements of any other applicable sections of the California Integrated Waste Management Act of 1989 (Public Resources Code, Section 40000, et seq.). 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 building shall be structurally maintained to exclude rodents and the sites shall be maintained in a sanitary manner which will prohibit the harborage or breeding of rodents. All loose salvageable materials shall be stored at least eighteen inches (18") above the ground or floor with a clear intervening space thereunder. ~f4~ I I City Council Minutes page 5 December 5, 1995 It is hereby recommended that the City Council deter.mine that: 1. The project is consistent with the General Plan as adopted by the City of Vernon. 2. The project will not individually or cumulatively have an adverse effect on wildlife resources. It is further recommended that: 1. A Negative Declaration be adopted, and that a Notice of Determination and a De Minimis Finding be filed with the County Clerk. 2. The Conditional Use Permit be granted to Rehrig Pacific Company contingent upon the afore- mentioned Conditions "a" thru "g" It was moved by Davis, seconded by Ybarra, to close the Public Hearing pertaining to the request from Rehrig Pacific Company for a Conditional Use Permit, the time being 5:41 p.m. Motion carried. It was moved by Gonzales, seconded by McCormick, that the communication from the Acting Director of Community Services dated November 29, 1995 and all supporting documents be received and filed. Motion carried. It was moved by Ybarra, 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 individually or cumulatively have an adverse effect on wildlife resources. Motion carried. It was moved by Ybarra, seconded by Gonzales, that a a Negative Declaration be adopted, and that a Notice of Determination and a De Minimis Finding be filed with the County Clerk. Motion carried. It was moved by Davis, seconded by McCormick, that the Conditional Use Permit be granted to Rehrig Pacific Company contingent upon their adherence to the aforementioned Conditions "a" thru "g". Motion carried. RESOLUTION NO. 6720 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Rehrig Pacific Company for the Operation of a Recycled Materials Processing Facility at 4010, 4030, 4040, 4044 and 4050 26th Street, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6720 be approved and adopted. Motion carried. Communication from Police Chief Louis Rosenkrantz, dated November 20, 1995, was presented, requesting authority and funds for Eliseo Genera, Civilian Traffic Officer, to attend the Corrections Officer Basic Core Course in Riverside, December 7, 1995 to January 22, 1996, with an expense allowance of $2350.97. It was moved by Davis, seconded by Ybarra, that authority be granted for Eliseo Genera to attend the afore- mentioned course with an expense allowance of $2350.97. Motion carried. 534t I I City Council Minutes page 6 December 5, 1995 Communication from Police Chief Louis Rosenkrantz, dated November 22, 1995, was presented, requesting authority and funds to attend the California Police Chiefs' Association Conference in Santa Barbara, February 5-8, 1996, with an expense allowance of $920.60. It was moved by Davis, seconded by Ybarra, that authority be granted for Police Chief Louis Rosenkrantz to attend the aforementioned conference with an expense allowance of $920.60. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 27, 1995, was presented, advising that the Director of Environmental Health has submitted the Certified Unified Program Agency (CUPA) application that is to be submitted to the State of California Environmental Protection Agency (CalEPA). This application requests authorization to allow us to continue implementing hazardous materials programs in the City. The application has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that the application be approved, and the CUPA application certification be executed and forwarded to the State of California Environmental Protection Agency. It was moved by McCormick, seconded by Davis, that the communication from the City Clerk dated November 27, 1995, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6719 - A Resolution of the City Council of the City of Vernon Approving the Filing of an Application to Qualify as a Certified Unified Program Agency with the California Environmental Protection Agency and Authorizing the Execution Thereof, was presented. It was moved by Ybarra, seconded by Gonzales, that Resolution No. 6719 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 27, 1995, was presented, requesting authority and funds for Mayor Pro Tem Thomas A. Ybarra and Councilman William McCormick to attend the California Contract Cities 29th Annual Legislative Orientation Tour in Sacramento, January 16-18, 1996, with an expense allowance of $713.00 each. It was moved by Gonzales, seconded by Davis, that authority be granted for Mayor Pro Tem Thomas Ybarra and Councilman William McCormick to attend the aforementioned conference with an expense allowance of $713 each. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated November 27, 1995, was presented, transmitting a fully executed Grant Deed from Jui Hsi Chiang for street purposes for a portion of property at the northeast corner of Alameda and 48th Streets (approximately 483 square feet) . This has been reviewed by the City Attorney, and it is hereby recommended that the Grant Deed be accepted and the Certificate of Acceptance be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the Acting Director of Community Services dated November 27, 1995 be received and filed, and that the Grant Deed from Jui Hsi Chiang be accepted and the Certificate of Acceptance be approved and executed. Motion carried. 5343 I I City Council Minutes page 7 December 5, 1995 Communication from Bruce V. Malkenhorst, City Clerk, dated November 27, 1995, was presented, advising that Pacific Cold Storage is currently constructing a 95,000 square foot addition to its existing facility at 3420 Vernon Avenue which will require a completely separate and new mechanical room. The company is requesting a Variance to install and construct the ammonia refrigeration system and mechanical room to comply with the 1994 Uniform Mechanical Code and Uniform Fire Code. If the Variance is granted, no additional hazards will be introduced in the area. 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 Pacific Cold Storage with the following Condition: 1. An approved Emergency Refrigerant Control Box shall be installed as part of the proposed system. It was moved by Gonzales, seconded by McCormick, that the communication from the City Clerk dated November 27, 1995 be received and filed, and that a Variance be granted to Pacific Cold Storage contingent upon their adherence to the afore- mentioned Condition No.1. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated November 28, 1995, was presented, advising that the Street Sweeping Contract (Contract No. 478) with R.F. Dickson Company, 12524 Clark Avenue, Downey, California 90242 expires December 31, 1995. The contract provides for a one year extension by mutual agreement, and the company has indicated that they would like to continue under the present contract. Under the Special Provisions section of the contract, "Compensation", the company is eligible for a Consumer Price Index (CPI) increase for the period January 1995 to January 1996. This has been reviewed by the City Attorney, and it is hereby recommended that the contract with R.F. Dickson be extended to December 31, 1996 with the price increased approximately 1% which is an estimated 75% of the CPI for the twelve month period January 1995 to January 1996. The present monthly fees are $4,141.40. It was moved by Ybarra, seconded by Davis, that the communication from the Acting Director of Community Services dated November 28, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6721 - 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 Davis, seconded by Gonzales, that Resolution No. 6721 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 29, 1995, was presented, advising that in accordance with SB 198, the Safety Committee has reviewed the City's current written Safety Program (adopted on May 21, 1991) and is recommending that certain sections be revised to be more consistent with the methods and procedures currently used and are, for the most part, administrative. This has been reviewed by the Risk Manager and the City Attorney, and it is hereby recommended that the revisions to the Safety Program under SB 198 be approved and a resolution be adopted. 53'42 I I City Council Minutes page 8 December 5, 1995 It was moved by Ybarra, seconded by McCormick, that the communication from the City Clerk dated November 29, 1995, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6722 - A Resolution of the City Council of the City of Vernon Approving Revision No. 1 to the City of Vernon Safety Program, April, 1991, was presented. It was moved by Gonzales, seconded by Davis, that Resolution No. 6722 be approved and adopted. Motion carried. Communication from Kevin Wilson, Acting Director of Community Services, dated November 29, 1995, was presented, requesting authority and funds for himself and Senior Building Inspector Richard Lucas to attend the Postdisaster Safety Assessment Seminar in Alhambra on January 10, 1996, with an expense allowance of $115 each. It was moved by Ybarra, seconded by McCormick, that authority be granted for Kevin Wilson and Richard Lucas to attend the aforementioned seminar with an expense allowance of $115 each. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated November 30, 1995, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held December 4, 1995, 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 December 4, 1995, be approved. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated November 30, 1995, was presented, advising that the Finance Committee, at the meeting held November 14, 1995, approved amending the present agreement with BCER Architects for the renovation of Fire Station No. 1 to reflect an increase of $20,000. The City Attorney's office has prepared an amendment to the agreement and it is hereby recommended that it be approved. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated November 30, 1995 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6724 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Amendment No. 1 to the Agreement for Professional Services (Fire station No. 1 - Renovation) By and Between the City of Vernon and BCER Architects, was presented. It was moved by Davis, seconded by McCormick, that Resolution No 6724 be approved and adopted. Motion carried. WARRANT REGISTER NO. 927 covering claims and demands presented during the period of November 17 thru November 30, 1995, drawn on the First Interstate Bank totaling $303,160.16, which includes Demand Nos. 54510 thru 54667 (inclusive), excluding Light and Power Demands and Void Demand Nos. 54559 thru 54565 (inclusive), 54593 and 54636 (accounting period December, 1995), was examined and audited. 5341 I I City Council Minutes page 9 December 5, 1995 It was moved by Gonzales, seconded by Davis, that Warrant Register No. 927 be approved and paYment authorized for claims and demands totaling $303,160.16, excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 927 covering claims and demands presented during the period of November 17 thru November 30, 1995, drawn on the First Interstate Bank totaling $1,660,493.68, which includes Light and Power Demand Nos. as listed below (accounting period December, 1995), was examined and audited: 54513 54526 54533 54541 54544 54545 54547 54550 54551 54553 54554 54555 54556 54557 54558 54566 54579 54592 54608 54626 54628 54637 54638 54640 54648 54650 54655 54656 54657 54663 54666 54667 It was moved by Ybarra, seconded by McCormick, that Warrant Register No. 927 be approved and paYment authorized for claims and demands totaling $1,660,493.68. Motion carried. Councilman Davis abstained from voting and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. Discussion and consideration of change in medical coverage for employees enrolled in ExclusiCare to Universal Care. It was moved by Ybarra, seconded by Davis, to approve changing medical coverage from Exclusicare to Universal Care. Motion carried. RESOLUTION NO. 6725 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Universal Care Group Subscriber Agreement (90-100) By and Between the City of Vernon and Universal Care, was presented. It was moved by Gonzales, seconded by Ybarra, that Resolution No. 6725 be approved and adopted. Motion carried. The Mayor called a recess at 6:10 p.m. The Council reconvened in regular session at 6:20 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 on Item Numbers 1 and 2 listed below, the time being 6:20 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, and the Chief Deputy City Clerk. The Mayor 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 subdivision (a) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Cases: (a) Citv of Vernon vs. Central Basin Municipal Water District, LASC No. BC 121124; (b) City of Vernon vs. Central Basin, etc., Zastrow, et al., LASC No. BC 130693; 5340 I I City Council Minutes page 10 December 5, 1995 (c) City of South Gate, et al. vs. City of Los Anqeles, et al., LASC No. BC 129447; (d) The Atchison, Topeka and Santa Fe Railway vs. City of Vernon; LASC No. BC 123510; (e) CPUC Docket No. A.93-09-006 (SoCalGas) (BCAP) ; (f) CPUC Docket No. A.91-03-039 (SoCalGas) (BCAP) ; (g) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723 and 2 CIV B077228; (h) Vernon v. SoCalGas, USDC No. CV-92-03435 SVW (Ctx); USCA No. 94-56174 (i) Airstream Transportation, etc., James Haskett, Jr., etc. et al. v. City of Vernon; LASC BC 138204; (j) Howard Stolan v. City of Vernon; WCAB No. BGN 0012526; (k) Walter J. Maxwell v. City of Vernon; LASC No. BC 124517 2. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Ramon A. Martinez Agency claimed against: City of Vernon Mayor Malburg was excused from the Closed Session at 6:30 p.m. and Mayor Pro Tem Ybarra assumed the Chair. The Mayor returned to the Closed Session at 6:35 p.m. and resumed the Chair. It was moved by McCormick, seconded by Ybarra, that the Council go out of Closed Session and resume regular session, the time being 6:40 p.m. Motion carried. It was moved by McCormick, seconded by Davis, that Thursday, December 21, 1995, be deemed an additional holiday in observance of Christmas 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. It was moved by Gonzales, seconded by Ybarra, to approve settlement in the case of Howard Stolan v. City of Vernon. 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. ATTEST: .. r-z--.. /~ Bruce V. Malkenhorst, ~.. <.. ..' .. 1I.c. .. .7:'?t:c/Nd/C, /~lL<.-<.~/ , ~~:onis C. Ma urg, . yor City Clerk 5 3 3 9,...