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HomeMy WebLinkAbout1991 10 02 CC MIN1991 10 02 CC MINòw @˜wÝCC MIN OCT 2 1991[Þ›[H2Í8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVE, WEDNESDAY, OCTOBER 2, 1991 AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chambers at 7:00 p.m. ROLL CALL: PRESENT: COUNCILMEMBERS GALLEGOS, IZELL, ROLL CALL KEYSER, MCNEILL AND MAYOR LOVES ALSO PRESENT: City Manager Penman City Attorney Bower, Acting Dir. of Administrative Services Neelans, Police Chief Lanza, Dir. of Human Services Lucas, City Treasurer Montenegro, Deputy City Clerk Branek and City Clerk Gair 00- Mayor Lowes read a proclamation declaring October 11-12, PROCLAMA- 1991 as White Cane Days" for the Lion's Club and TIONS presented the proclamation to Levi Richard, President of the local organization. Mayor Lowes read a proclamation declaring the month of October, 1991 as Crime Prevention Month" and presented the proclamation to Chief of Police Lanza. 00- ORAL COMMUNICATIONS Mayor Lowes declared Oral Communication open and invited ORAL COMNU those wishing to speak to come forward. NICATIONS Jim McCarthy, Boy Scouts of America, 540 N. Rosemead MCCARTHY Blvd., Pasadena, presented a plaque to Councilman Gallegos for his support of the Boy Scouts. Retha McLellan, 13611 Los Angeles St., stated that MCLELLAN volunteer trees are coming up in her yard and she has had plumbing problems because of the trees. Albert Sanders, 4421 Stewart St., stated that code SANDERS enforcement is needed, but not primarily as a revenue source, instead it should be used as a tool to help clean up the City. He complained that a ticket was issued to a vehicle parked during the street sweeping hours, the street sweeper did not come, so the ticket was just a revenue source and the street was still dirty. Steve Sametz, General Manager, San Gabriel Valley Hilton, SAMETZ stated that the hotel had changed the name from the Baldwin Park Hilton to the San Gabriel Valley Hilton to better identify the location. The occupancy in September was 70.2% with $600,000 in revenue. Frank Ramirez, 4924 Wimmer, questioned the right of the RAMIREZ code enforcement officers to go on to private property without a search warrant. Bill Van Cleave, 13232 Emery, stated that code VAN CLEAVE enforcement needs to be enforced from the curb, there is no need to go on the property to inspect what can not be seen from the street. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 2-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3784-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 10-U02 02-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 10 02 CC MINòw @˜wÝCC MIN OCT 2 1991[Þ›[H2Í8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 1991 OF THE CITY OF BALDWIN PARK PAGE TWO Pam Schnabel, 14217 Los Angeles St., inquired if code SCHNABEL enforcement would look in residents garages, because they are so full that a vehicle can not park in them. Harry Quenie, 13712 Ramona Parkway, stated that he went QUENIE to the city Manager with a problem concerning the police department. He felt that since the City Manager was not a resident of the City, he would not take any interest in the City's problems. Claudia Rivas, 13837 Foster, member of the Leadership RIVAS Class of Sierra Vista High School, presented Mayor Lowes with balloons, a pennant, a scroll with the names of the student leaders and named her an Honorary Don. She announced that Christmas trees and wreaths would be sold as a fund raiser for the Leadership Class. There being no other speakers Mayor Lowes declared Oral CLOSED Communications closed. 00- CONSENT CALENDAR City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for October 2, 1991 2. Approve Minutes of September 18, 1991 3. Waive Further Reading and Adopt RESOLUTION NO. 91-73 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Deny Leave to Present Late Claim Gilbert Gutierrez 5. Waive Further Reading and Adopt RESOLUTION NO. 91-74 APPROVE BUDGET AMENDMENTS CAPITAL IMPROVEMENT PROJECTS CIP) 6. Waive Further Reading and Adopt RESOLUTION NO. 91-75 APPROVE BUDGET AMENDMENT COMMUNITY IMPROVEMENT PROGRAM 7. Approve Final Tract Map 4g451 13238-13244 Ramona Blvd. 8. Waive Further Reading and Adopt RESOLUTION NO. gl-76 SUPPORTING THE APPLICATION FOR TRANSPORTATION PLANNING AND DEVELOPMENT FUNDS FOR TRANSIT CAPITAL IMPROVEMENT PROGRAM PROJECTS BY THE LOS ANGELES COUNTY TRANSPORTATION COMMISSION COMMUTER RAIL STATION PROJECT) City Manager Penman requested that Item No. 5 be ITEM NO. 5 removed for separate consideration. REMOVED It was moved and seconded to approve Items No. 1-4 and CONSENT 6-8 of the Consent Calendar. 14/S/C: MCNEILL/IZELL. CALENDAR There were no objections. APPROVED BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 2-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3784-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 10-U02 02-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 10 02 CC MINòw @˜wÝCC MIN OCT 2 1991[Þ›[H2Í8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 1991 OF THE CITY OF BALDWIN PARK PAGE THREE City Manager Penman stated that the report concerning ITEM NO. 5 Item No. 5 had corrections and one item that needed to be deleted. This is a budget amendment to amend the capital improvements program to reflect projects that were not completed last year and that the funds needed to be carried over into this year's budget. The item deleted front the resolution was the Street Resurfacing Project for $900,000. The Safe Route to Schools for $49,000 are funds that remained in the program from the prior year, the total will be $68,600 in addition to the $209,000 in the CDBG sidewalk fund. Finally, the descriptive narrative portion of the Irwindale sewer project, was listed as Stewart Street, the correct street was Center Street. Staff recommends adoption of the resolution with the deletion of the street improvement portion of $900,000. Responding to Council questions, City Manager Penman DISCUSSION stated that the City of Irwindale Redevelopment Agency and Koll Company will be financing all costs incurred by the City on the sewer project. It was moved and seconded to approve Item No. S RESOLUTION Resolution No. 91-74, APPROVE BUDGET AMENDMENTS NO. 91-74 CAPITAL IMPROVEMENT PROJECTS CIP)," with the deletion ADOPTED of the street improvement portion of $900,000. MIS/C: IZELL/GALLEGOS. There were no objections. 00- CLOSED SESSION The City Council was adjourned to a closed session at CLOSED 7:36 p.m. to consider significant exposure litigation as SESSION authorized by Government Code Section 54956.9 B)(l). The regular meeting of the City Council reconvened at RECONVENED 8:05 p.m. Roll call remained the same. 8:05 P.M. 00- PUBLIC HEARING City Planner Onaga introduced the Public Hearing on An PUBLIC appeal of the Planning Commission's decision to approve HEARING- a conditional use permit to allow a processing center APPEAL for recycleables, located at 5170 Commerce Drive; RECYCLING Applicant: Baldwin Industrial Properties." He CENTER- explained that the recyclables would be brought by CP-505 truck to the facility where they would be separated, bailed and stored for shipment. No solid waste material would be handled at the site. Recyclable materials would be received and shipped from the site daily which would involve approximately 45 truck trips and 35 employees. All processing and storage of recyclables would be conducted within the site's existing building, no trucks would be stored on-site. The unloading of the recyclables would be completely within the building and free of litter. The Planning Commission voted 4-1, with one abstention to approve the request. Staff recommends that Council approve the recycling center as presented. Mayor Lowes declared the Public Hearing open and invited PUBLIC those wishing to speak on this subject to come forward. HEARING OPEN BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 2-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3784-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 10-U02 02-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 10 02 CC MINòw @˜wÝCC MIN OCT 2 1991[Þ›[H2Í8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 1991 OF THE CITY OF BALDWIN PARK PAGE FOUR Brent Enright, 1054 Secco Street, Pasadena, CE ENRIGHT Commercial Real Estate Group, explained that from a marketing stand point for the use in question, there would be a negative impact to the buildings on Commerce Drive and the project to the west. Potential clients look at the adjoining property uses and where their business will fit into an industrial park when considering leasing. The Baldwin Commerce Center is considered the premier industrial park in the western San Gabriel Valley and a recycling use in that location, with extra truck traffic in the area and a trash user will make the center less desirable to future tenants. Bill Hawk, 1150 Encanto Dr., Arcadia, management HAWK consultant for Baldwin Commerce Center stated that the Commerce Center is maintained in the highest quality. To achieve this quality approximately 60 hours a month is spent for litter pickup, a graffitti repair program, in a gardening and maintenance, and spot painting and maintenance of the center. This has been what has attracted the current tenants. The location of a recycling center directly across the street from Alcoa would have a negative impact on the perception not only of the current tenants, but future tenants. Albert Sanders, 4421 Stewart, questioned the Planning SANDERS Commission approval of a conditional use permit for a recycling center by one of the City's busiest industrial parks and he referred to the fire at the Allen Paper Company. He requested that Council deny this conditional use permit. George MCJimsey, 5051 Avenida Encinas, Carlsbad, partner MCJIMSEY of Baldwin Industrial Properties, spoke on behalf of the other partners, Santa Anita Realty Enterprises, Inc., Grant General Contractors, William T. Grant, William P. Bowman, Baldwin Associates, Willman Associates. He outlined the square footage owned by the partners and a ten acre land lease with Home Savings for a office complex and parking structure. He mentioned several of the firms that have located in the park, one being the Taylor Corp. which is one of the top five sales tax revenue producers in the City. He recalled the condition of the property upon acquisition and the increased assessed value of the property today. The sales tax revenue increase to the City is over $335,000 per year. The park is concerned about a shared driveway with Monterey Furniture Company and Waste Management. Reference was made to Waste Management operating for a short time without the proper permits and the trucks observed with liquid dripping out of the back onto the street and driveway. This can create odors and insect problems in the area. He commented on the staff's Findings of Fact, the business increasing in size, and the trucks getting bottlenecked which will require them to back out onto the street. The visual impact and the truck traffic will affect marketing on the corporation's visitors that will coming from the main plant and offices. He requested the Council to consider the issue and vote in favor of progress for the City by denying this. Craig Sunada, Attorney with Law Firm of Thorpe and SONATA Thorpe, 1997 Glenco Way, Los Angeles, stated that Baldwin Industrial Properties B.I.P.'s) interest will be adversly affected if 505 is granted for the following reasons: 1) The planned use for that site is prohibited by the Redevelopment Plan; 2) The zoning ordinances also prohibit the proposed use; 3) If the conditional use permit were granted it would have a devastating affect on the San Gabriel River Project; 4) It would be imprudent for the Council to grant the permit without a Environmental Impact Analysis. He referred to Section 602 and 609 of the Redevelopment Plan which pertained BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 2-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3784-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 10-U02 02-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 10 02 CC MINòw @˜wÝCC MIN OCT 2 1991[Þ›[H2Í8REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 1991 OF THE CITY OF BALDWIN PARK PAGE FIVE to the dumping of garbage, traffic problems, odors), and also to the proposed use as incompatible. He also referred to a participation agreement that the subject property should be developed as a light industrial development. The permitted uses in the industrial zone with a conditional use permit is not allowed. B.I.P. has developed a first class project that brings in revenue to the City as well as jobs and the tenants are on short term leases and might be reluctant to renew their leases if a recycling facility is in the vicinity. He urged the Council to deny CP-505 and to avoid the potential cost of litigation. Rick Allgeyer, Encinas, CA, partner in Baldwin ALLGEYER Associates read a letter from Unitex Corp. which stated that they are strongly opposed to a trash recycling facility on the corner of Commerce Drive and Live Oak Avenue. Their reason for moving to Baldwin Park was to establish a positive image for their customers. The letter strongly urged the Council to deny CP-505. The owner of Unitex lives on the western edge of San Fernando Valley and drives an extra hour a day to work in a quality environment such as the Baldwin Commerce Center. Eleanor Lowery, 14019 Anada St., resident for 29 years, LOWERY stated that she found out about the recycling center by B.I.P. 5 newspaper ad. Waste Management has kept their facility fairly clean, but no one knows what this recycling center will bring in. She felt that the best improvement made in Baldwin Park was the Baldwin Commerce Center and requested CP-505 be denied. Bill Van Cleave, 13232 Emery, Chairman of the Baldwin VAN CLEAVE Park Recycling Committee, stated that he had toured some recycling centers and they are kept reasonably clean. Webster's has been a good company for Baldwin Park and they have to sort the recycleable materials. If some changes could be made to the building or something done about the truck traffic it would be an asset to the City. Commercial business will soon have to recycle and he felt that it would be nice to have someone in the community to help. Mike Mueller, 404 Leave, Claremont, General Manager MUELLER Waste Management of San Gabriel/Pomona valley stated that in June, 1991 they applied for a conditional use permit at the Commerce Drive property to be used as offices and a recycling process center. He described the processing that would take place in the facility. The value is increased when the materials are sorted, which means lower prices for the residents. The facility would be for recyclables only and not for trash or garbage. The vehicles that would enter the Commerce facility would be roll-off units which would have the recyclable materials transferred into them, due to the liability, there will be no more truck traffic than necessary. A trash recycling center was never considered at the Commerce Drive property and processing is not considered a material recovery facility nor a transfer station. All the requirements by the Los Angeles County Health Services Department, the State Waste Management Board and the City Codes have been met. He stated that the property was vacant when BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 2-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3784-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 10-U02 02-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 10 02 CC MINòw @˜wÝCC MIN OCT 2 1991[Þ›[H2Í8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 1991 OF THE CITY OF BALDWIN PARK PAGE srx the negotations began in the spring and they are trying to bring a model environmental project to the City. He requested that the conditional use permit be granted. There being no other speakers, Mayor Lowes closed the CLOSED Public Hearing. Responding to Council questions, Mr. Mueller stated that DISCUSSION the recyclables would be brought into the processing facility, sorted, baled and loaded into the roll-off to be shipped there would be no commercial recycling and the facility would be scrubbed and vacuumed every day. Most recycling centers conduct their work outside, and there is a similar facility in northern California that operates like Waste Management would operate the Commerce Drive facility. AB939 requires that waste reduction be performed in all municipalities and as programs become more successful then more product is received. He described the efficiency that a baler would make in the operation and stated that the processing facility would service eight 8) cities and the county area. City Planner Onaga clarified the statement concerning 45 trucks in the report, which was a part of the environmental review. It was six loads in and two truck loads out which would be three times a day and that figure would be doubled, with a maximum of 45 trips, this was based on Waste Management's application. Mayor Pro Tem McNeill stated that the problems seem to be the traffic congestion that this business will generate, one gate, one driveway and one door. The unloading will take time and the other trucks will back up waiting to unload. Responding to Council questions, City Planner Onaga DISCUSSION stated that Engineering input would be required to see if it is safe to add another driveway on Live oak. Planning has not visited any facilities that do everything indoors, they are only familiar with facilities similar to the one on Arrow Highway where all the work is outside. The baler would be indoors so the noise would be surrounded by four walls, but there is no guarantee that the surrounding area would not be able to hear it. Mayor Lowes stated that the noise would be present, odors would be present by the washing down of the premises, there would be additional traffic in the area, and the appearance of the trucks concerned her. It was moved and seconded to uphold the appeal and deny MOTION TO the conditional use permit without prejudice for Waste DENY Management. N/Sr MCNEILL/LOWES. CP-505 ROLL CALL ROLL CALL VOTE AYES MCNEILL, LOWES, KEYSER NOES GALLEGOS, IZELL CP-505 ABSTAIN: NONE DENIED City Attorney Bower corrected language in Resolution No. 91-77 striking or the proposed use is consistent with the Redevelopment Plan for the San Gabriel Redevelopment Project adopted in 1976", bottom of page one) and adding BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 2-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3784-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 10-U02 02-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 10 02 CC MINòw @˜wÝCC MIN OCT 2 1991[Þ›[H2Í8 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 2, 1991 OF THE CITY OF BALDWIN PARK PAGE SEVEN is therefore denied and without prejudice", page two). It was moved and seconded to approve Resolution No. 91- RESOLUTION 77, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 91-77 BALDWIN PARK DENYING A CONDITIONAL USE PERMIT TO ALLOW A PROCESSING CENTER FOR RECYCLABLES APPLICANT: WASTE MANAGEMENT OF POMONA/SAN GABRIEL VALLEY; LOCATION: 5170 COMMERCE DRIVE; CASE NO. CP-505)". N/S: MCNEILL/LOWES. ROLL CALL ROLL CALL VOTE AYES MCNEILL, LOWES, KEYSER NOES GALLEGOS, IZELL RESOLUTION NO. 91-77 ABSTAIN NONE ADOPTED 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Councilman Izell invited anyone that would like to help HOUSE move a historical rock house to contact him. MOVING Mayor Lowes requested a joint meeting with the Planning JOINT Commission. Council concurred. MEETING City Manager Penman stated that the School District JOINT prefers to wait until after their election in November MEETING regarding a joint meeting with Council. 00- COUNCIL, STAFF REQUESTS AND COMMUNICATIONS Councilman Izell stated that the contractor working on COUNCIL Merced still has trash piled up and he would like to see REQUESTS it moved. Mayor Lowes requested a report on Rule 20A Funds from RULE 20A Edison. Council concurred. REPORT REQUESTED 00- It was moved and seconded to adjourn the regular meeting MEETING of the City Council at 9:12 p.m. N/S/C: GALLEGOS/IZELL. ADJOURNED There were no objections. 9:12 P.N. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 2-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3784-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 10-U02 02-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3785-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05