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19960604 Regular City Council Meeting - Minutes I I MINUTES OF THE CITY COUNCIL MEETING OF THE CITY OF VERNON HELD JUNE 4, 1996 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, Davis, McCormick 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 May 7, 1996, be approved as submitted and adopted. Motion carried. It was moved by McCormick, seconded by Gonzales, that the Minutes of the City Council Meeting held May 21, 1996, be approved as submitted and adopted. Motion carried. It was moved by Davis, seconded by Ybarra, that the Minutes of the Adjourned City Council Meeting held May 23, 1996, be approved as submitted and adopted. Motion carried. Mayor Malburg presented a Fifteen Year Service Pin to Councilman William Davis and extended congratulations on behalf of the entire City Council. The following employees were unable to attend the meeting and their Service pins were accepted by their respective department head: Fernando Rodriguez, Police Officer - 10 Years Gerardo Farias, Utilityman IV - 5 Years Roger Conant, Utilityman IV - 5 Years 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 May 16 thru 31, 1996, was presented. It was moved by Gonzales, seconded by McCormick, that the Police Department Activity Log for the period May 16 thru 31, 1996, be received and filed. Motion carried. Fire Department Activity Report for the period May 16 thru 31, 1996, was presented. It was moved by Ybarra, seconded by Davis, that the Fire Department Activity Report for the period May 16 thru 31, 1996, 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. The Mayor asked if there was anyone who wished to address the City Council on non Public Hearing Items. time. No one wished to address the City Council at this 5486 I I City Council Minutes page 2 June 4, 1996 ORDINANCE NO. 1042 - An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Adding Article III, Including Section 27.20 to 27.23, to Chapter 27 of Said Code and Codifying Specified Sections of Ordinance No. 1016 Relating to the Industrial Development Authority of the City of Vernon and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith was read by Title by the City Clerk for a Second and Final Reading. It was moved by McCormick, seconded by Ybarra, that Ordinance No. 1042 be approved for a Second and Final Reading. Motion carried. Ayes: Noes: Absent: Malburg, Ybarra, Davis, Gonzales, McCormick None None It was moved by Ybarra, seconded by Gonzales, to open the PUBLIC HEARING to consider a request from Mobil Oil Corporation for a Conditional Use Permit to allow the applicant to continue the existing petroleum related use and add a cardlock fueling facility at property located at 2585-2727 37th Street, the time being 5:07 p.m. Motion carried. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this issue for them. Communication from Kevin Wilson, Director of Community Services, dated May 30, 1996, was presented, advising that Mobil Oil Corporation has applied for a Conditional Use Permit to continue the existing petroleum related use and add a cardlock fueling facility at 2585-2727 37th Street, and transmitting the following supporting documents: 1. Request for Conditional Use Permit and information supporting the application; 2. Engineer's Report; 3. Environmental Check List Form; 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 Director of Community Services that the proposed operation will not pose any adverse effects to the City of Vernon and, with the required mitigating measures, will not have any 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 following Conditions and Mitigating Measures be set on the Conditional Use Permit: Conditions 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. A business license and an occupancy permit shall be obtained prior to occupancy and shall be maintained. - .~. .~'lg'S I I City Council Minutes Page 3 June 4, 1996 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 wall or landscaping shall be constructed as required by the Zoning Ordinance. d. Plans for improvements to the facility and construction of structures shall be submitted to both the Community Services and Health Departments of the City of Vernon for review and approval. e. All required federal, state, local, and regulatory agency permits shall be obtained and maintained. f. The facility's buildings shall be structurally maintained to exclude rodents and the property shall be maintained rodent free. g. The facility shall be operated in a manner that will prevent unsanitary conditions, odors, or other nuisances. h. Mobil shall repair any broken, cracked, or displaced sidewalk, driveway, curb, or gutter adjoining the site. i. Mobil shall obtain a franchise from the City of Vernon for its pipeline to the Light Product Facility where said pipeline crosses City streets. j. Mobil shall perform the mitigating measures set forth herein. Mitiqatinq Measures A. Mobil shall take a soil sample from the floor and walls of any excavation over ten feet deep and obtain a soil characterization to determine if the soil is contaminated and to establish a baseline. B. Mobil shall complete the Health Risk Assessment required by the Health Department to determine the potential health impacts from any soil contamination on the subject site. The Risk Assessment shall be completed within two years. Upon approval of the Health Risk Assessment, any necessary remediation activities shall be performed in a timely manner. C. Mobil shall have the existing aboveground tanks containing diesel and gasoline fuels inspected according to SCAQMD Standards (Rule 463) by a certified inspector twice annually. All existing monitoring systems described in the application for Conditional Use Permit shall be maintained. D. Mobil shall install and maintain devices to detect leaks and spills, shall construct a berm or containment area to retain any spills, shall post signs indicating procedures for spill reporting, and shall maintain an approved spill prevention and response plan. 54~4 I I City Council Minutes page 4 June 4, 1996 E. Mobil shall maintain onsite firefighting materials used specifically for hydrocarbon fires in a quantity and location specified by the Fire Chief. F. Mobil shall not allow vehicles to queue in any public or private street in order to access its facility. No trucks utilizing the cardlock facility, excluding Mobil Oil vehicles, shall be allowed to park at the site for more than one hour. G. Mobil shall install a canopy over the cardlock facility dispensing units. H. Mobil shall obtain all permits from the SCAQMD prior to operating the cardlock fueling facility. Mobil Oil Corporation shall maintain an NPDES Permit with the State Water Resources Control Board, unless otherwise exempted. I. With respect to the installation, operation, and maintenance of underground tanks, Mobil shall comply with the provisions of Vernon City Code Chapter 103, Article III, Underground Storage of Hazardous Substances, and any amendments thereto. J. Mobil shall comply with Vernon City Code Chapter 13, Article IV, Hazardous Materials Monitoring Program, and any amendments thereto, and shall file any required modifications to the existing contingency plan prior to operation of the cardlock facility. It is hereby recommended that City Council deter.mine the following: 1. The Project is consistent with the General Plan as adopted by the City of Vernon. 2. The Project will not have a significant effect on the environment in this case because of the following mitigating measures adopted. 3. The Project will not individually or cumulatively have an adverse effect on wildlife resources. It is further recommended that: 1. A Notice of Determination and a De Minimis Finding be filed with the County Clerk; 2. The Mitigation Monitoring Program be approved; 3. A Negative Declaration be adopted with the above listed Mitigating Measures; 4. The Conditional Use Permit be granted to Mobil Oil Corporation subject to the aforementioned Conditions "a" thru "j" and Mitigating Measures "A" thru "J". Mr. Wilson reported on a comment letter received from CalTrans on June 3rd expressing their concerns on this matter, and advised that he had responded to the letter and addressed their concerns. The Mayor asked if any councilmember had any questions or if anyone in the audience wished to address the Council at this time. 5483 I I City Council Minutes page 5 June 4, 1996 Mr. Larry Kibble, representing Mobil Oil, gave a brief presentation to the Council on behalf of Mobil. Councilman Gonzales asked if their facility will be advertized by billboards or some other type of signage. billboard. Mr. Kibble said they may, perhaps by way of a Bruce V. Malkenhorst, City Clerk, asked if they provided information on how many trucks would be sitting on, or at, that particular site waiting to get fuel. Mr. Kibble went over the Site Plan for the City Clerk and the Council. David B. Brearley, City attorney, asked if these are considered retail sales. Mr. Kibble said that it would be mostly owner- operated drivers and that, yes, they would be considered retail sales and subject to sales tax. The Mayor asked if there were any further questions. There were none. It was moved by Gonzales, seconded by Davis, to close the Public Hearing regarding Mobil Oil Corporation, the time being 5:27 p.m. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the communication from the Director of Community Services dated May 30, 1996 and all supporting documents be received and filed. Motion carried. It was moved by McCormick, seconded by Davis, that the 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 Gonzales, seconded by Ybarra, that the Council hereby determines that the Project will not have a significant effect on the environment in this case because of the mitigating measures being adopted. Motion carried. It was moved by Davis, seconded by Ybarra, that the 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 Davis, that a Notice of Determination and a Deminimis Finding be filed with the County Clerk. Motion carried. It was moved by Ybarra, seconded by Gonzales, that the Mitigation Monitoring Program be approved. Motion carried. It was moved by Davis, seconded by Ybarra, that a Negative Declaration be adopted with the above listed Mitigating Measures. Motion carried. It was moved by Ybarra, seconded by Davis, that the Conditional Use Permit be granted to Mobil Oil Corporation contingent upon their adherence to the aforementioned Conditions and Mitigating Measures. Motion carried. 5fa I J City Council Minutes page 6 June 4, 1996 RESOLUTION NO. 6795 - A Resolution of the City Council of the City of Vernon Granting a Conditional Use Permit to Mobil Oil Corporation for the Operation of a Petroleum Related Use at 2585-2727 37th Street, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 6795 be approved and adopted. Motion carried. Communication from James Kinetz, First Vice President of CB Commercial Real Estate Group, Inc., dated May 22, 1996, was presented, on behalf of Zacky Foods and L.A. Industrial Laundry concerning property at 3300 Bandini Boulevard, and requesting authorization for the transfer of certain sewage units from Vernon to Montebello. Communication from Jim Woo Nam, President of U.S. Namsung Textile, Inc., dated June 4, 1996, opposing the transfer of sewer discharge capacity outside the City of Vernon. Kevin Wilson, Director of Community Services, addressed the City Council and briefly summarized this issue. Jim Kinetz of CB Commercial, representing Zacky Foods, addressed the City Council, stating that L.A. Laundry intends to sell to Leonard Meats and they (Leonard Meats) intend to construct a cold storage facility. He advised that the Bandini sewer capacity is now fully utilized by Tissurama and capacity is not available to any other vendor. He discussed a permit capacity exchange and said the new construction would be for a 28,000 square ft. facility. He stated that Los Angeles County Sanitation District representatives advised him that expansion on the unit would take about three years for completion. Tom Montgomery, of McKinney Travers Real Estate Services, addressed the Council and advised that the property in question is about 63,000 square feet. Kevin Wilson, Director of Community Services, addressed the Council and advised of what has taken place with regard to meetings they have had with representatives of L.A. Industrial Laundry and Zacky Foods. He also addressed the information they have received from the Sanitation District. He advised that District 23 (Vernon) does not allow for the relocation of capacity outside of District 23. We presently are awaiting a response from the Sanitation District. David B. Brearley, City Attorney, recommended that this matter be deferred until further review of the issue has been made and the Sanitation District has responded to our questions. Mr. Chung, Environmental Engineering Consultant to L.A. Industrial Laundry, addressed the Council and stated that there was a misunderstanding and that the Sanitation District did not specifically state that the company could transfer credits. This was solely their idea. It was moved by McCormick, seconded by Gonzales, that the aforementioned matter be deferred to the next City Council Meeting. Motion carried. Communication from Gloria J. Orosco, Library Secretary, dated May 28, 1996, was presented, advising that the terms of Library Trustees Hilario Gonzales and William Davis will expire on June 30, 1996, and requesting that they be reappointed to a new three-year term commencing July 1, 1996. 5481 I I City Council Minutes page 7 June 4, 1996 It was moved by Ybarra, seconded by McCormick, that the communication from the Library Secretary dated May 28, 1996, be received and filed, and that her request be approved. Motion carried. RESOLUTION NO. 6788 - A Resolution of the City Council of the City of Vernon Reappointing Hilario Gonzales and William J. Davis to Serve as Trustees on the Board of Library Trustees, was presented. It was moved by Ybarra, seconded by McCormick, that Resolution No. 6788 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 30, 1996, was presented, requesting authority and funds for Mayor Leonis C. Malburg and Mayor Pro Tem Thomas A. Ybarra to attend the Independent Cities Association Annual Seminar in San Diego, July 25-28, 1996, with an expense allowance of $880 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 $880 each. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 30, 1996, was presented, requesting authority and funds for Councilman William McCormick to attend the Independent Cities Association Annual Seminar in San Diego, July 25-28, 1996, with an expense allowance of $1285. It was moved by Ybarra, seconded by Davis, that authority be granted for the above listed City official to attend the aforementioned seminar with an expense allowance of $1285. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 30, 1996, was presented, requesting authority and funds for himself and Councilmen Hilario Gonzales and William Davis to attend the Independent Cities Association Annual Seminar in San Diego, July 26-28, 1996, with an expense allowance of $1060 each. It was moved by McCormick, seconded by Ybarra, that authority be granted for the above listed City officials to attend the aforementioned seminar with an expense allowance of $1060 each. Motion carried. Communication from Kevin Wilson, Director of Community Services, dated May 30, 1996, was presented, advising that Contract No. 529, Resurfacing of Various Streets, has been completed. The total contract amount was $226,169.05 and a final partial payment of $203,552.14 is now due, with the remaining ten percent, $22,616.90, payable thirty-five days after acceptance. It is hereby recommended that the work be accepted and authority granted to pay the contractor, Security Paving Company, Inc., P.O. Box 1489, Sun Valley, California 91353-1489, in accordance with said contract. It was moved by Gonzales, seconded by Davis, that the communication from the Director of Community Services dated May 30, 1996, be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6798 - A Resolution of the City Council of the City of Vernon Accepting the Work of Security Paving Company, Inc. in Accordance with Contract No. 529, was presented. 548' .:Ii I I City Council Minutes page 8 June 4, 1996 It was moved by McCormick, seconded by Ybarra, that Resolution No. 6798 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 30, 1996, was presented, advising that the City of Vernon Health Department, which is the solid waste Local Enforcement Agency (LEA), is eligible for an enforcement assistance grant from the California Integrated Waste Management Board (CIWMB) for up to $15,000. The grant monies may be used for equipment and expenses necessary for the LEA to meet state mandated responsibilities. This has been reviewed by the Director of Environmental Health and the City Attorney, and it is hereby recommended that approval be granted to submit an application for said grant monies. It was moved by Ybarra, seconded by Gonzales, that the communication from the City Clerk dated May 30, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6796 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application to the California Integrated Waste Management Board for an Enforcement Assistance Grant, was presented. It was moved by Davis, seconded by McCormick, that Resolution No. 6796 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, City Clerk, dated May 30, 1996, was presented, transmitting the State Community Development Block Grant Program Agreement for the 1995 California Community Economic Enterprise Funds. As you are aware, the City was awarded a $500,000 grant. This has been reviewed by the Director of Community Services and the City Attorney, and it is hereby recommended that the agreement be approved and executed. It was moved by Ybarra, seconded by Davis, that the communication from the City Clerk dated May 30, 1996 be received and filed, and that his recommendation be approved. Motion carried. RESOLUTION NO. 6797 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of Standard Agreement No. 95-EDBG-390 By and Between the City of Vernon and the State of California, Acting By and Through the Department of Housing and Community Development, Pertaining to Community Development Block Grant ("CDBG") Funds, was presented. It was moved by McCormick, seconded by Gonzales, that Resolution No. 6797 be approved and adopted. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 30, 1996, was presented, transmitting for approval the Minutes of the Adjourned Finance Committee Meeting held May 28, 1996. It was moved by Ybarra, seconded by Davis, that the Minutes of the Adjourned Finance Committee Meeting held May 28, 1996, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Personnel, dated May 30, 1996, was presented, transmitting the Agenda for the Personnel Committee Meeting to be held June 3, 1996, for approval of the recommendations contained therein. 547,~9 I I City Council Minutes page 9 June 4, 1996 It was moved by Gonzales, seconded by McCormick, that the recommendations contained in the Agenda for the Personnel Committee Meeting held June 3, 1996, be approved. Motion carried. Communication from Bruce V. Malkenhorst, Director of Finance, dated May 30, 1996, was presented, transmitting for approval the Agenda for the Adjourned Finance Committee Meeting to be held June 3, 1996. It was moved by Davis, seconded by Ybarra, that the Agenda for the Adjourned Finance Committee Meeting held June 3, 1996, be approved. Motion carried. WARRANT REGISTER NO. 939 covering claims and demands presented during the period of May 17 thru 30, 1996, drawn on the First Interstate Bank totaling $146,728.37, which includes Demand Nos. 56935 thru 57077 (inclusive) excluding Light and Power Demands and Void Demands as listed below (accounting period June, 1996) was examined and audited: 56968 56977 56988 56989 56990 56991 56994 57042 57074 It was moved by Ybarra, seconded by Davis, that Warrant Register No. 939 be approved and payment authorized for claims and demands totaling $146,728.37 excluding Light and Power Demands. Motion carried. WARRANT REGISTER NO. 939 covering claims and demands presented during the period of May 17 thru 30, 1996, drawn on the First Interstate Bank totaling $1,334,529.43, which includes Light and Power Demand Nos. as listed below (accounting period June, 1996) was examined and audited: 56943 56944 56945 56946 56947 56949 56950 56954 56957 56958 56966 56967 56969 56979 56983 56993 56998 57008 57010 57025 57027 57041 57050 57059 57063 57065 It was moved by McCormick, seconded by Gonzales, that Warrant Register No. 939 be approved and payment authorized for claims and demands totaling $1,334,529.43. Motion carried. Councilman Davis abstained from voting on this matter 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 6:14 p.m. The Council reconvened in regular session at 6:18 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 to confer on Item No. 1 listed below, the time being 6:18 p.m. Motion carried. All persons were excluded from the Closed Session with the exception of the City Clerk, City Attorney, Chief Deputy City Clerk, Chief of Police, and Director of Light and Power. The Mayor ordered all communications to and from the Closed Session deemed privileged and confidential. :54V~ I I City Council Minutes page 10 June 4, 1996 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 The Director of Light and Power was excused from the Closed Session at 6:19 p.m. The Chief of Police was dismissed from the Closed Session at 6:25 p.m. The Director of Light and Power returned to the Closed Session at 6:25 p.m. The Director of Light and Power was dismissed from the Closed Session at 6:49 p.m. It was moved by Ybarra, seconded by Davis, that the Council go out of Closed Session and resume regular session, the time being 6:49 p.m. Motion carried. It was moved by Gonzales, seconded by Davis, that the Council go into Closed Session to confer on Item Nos. 2, 3, and 4 listed below, the time being 6:50 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 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; 2CIV B100019; (b) City of Vernon vs. Central Basin, etc., Zastrow, et al., LASC No. BC 130693; 2CIV D098203; (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) The City of Vernon v. The Atchison, Topeka and Santa Fe Railway, CPUC Case No. 96-01-019; (f) CPUC Docket No. A.93-09-006 (SoCaIGas) (BCAP) ; (g) CPUC Docket No. A.91-03-039 (SoCalGas) (BCAP) ; (h) SoCalGas v. Vernon LASC No. BS 017468; 2 CIV B088723 and 2 CIV B077228; 5477 City Council Minutes page 11 June 4, 1996 3. With respect to every item of business to be discussed in Closed Session pursuant to Government Code Section 54956.95. LIABILITY CLAIMS Claimant: Andres Panfilo Jimenez Agency claimed against: City of Vernon I 4. With respect to every item of business to be discussed in Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation: (3) potential cases Councilman Davis was excused from the Closed Session at 6:51 p.m. Councilman Davis returned to the Closed Session at 6:52 p.m. It was moved by Ybarra, seconded by McCormick, that the Council go out of Closed Session and resume regular session, the time being 6:52 p.m. Motion carried. It was moved by Ybarra, seconded by Davis, that the Liability Claim of Andres Panfilo Jimenez be denied. It was moved by Gonzales, seconded by Ybarra, that the City Attorney be authorized to intervene in FERC Docket Nos. EC96-19-000, ER96-1663 and EL96-48. Motion carried. Councilman Davis abstained from voting on this matter and disqualified himself because it is reasonably foreseeable that the decision may have a material financial effect on his source of income. There being no further business to come before the Council at this time, it was moved by Ybarra, seconded by McCormick, that the meeting adjourn. Motion carried. r" r .~ ~~' . ..- eonis C. Malo rg ayor I AT~ /~ Bruce V. Malkenhorst City Clerk 5476