HomeMy WebLinkAbout1991 10 02 CC MIN1991 10 02 CC MINòw @˜ w Ý CC 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
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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.
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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.
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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.
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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
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1991 10 02 CC MINòw @˜ w Ý CC 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.
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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.
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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
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1991 10 02 CC MINòw @˜ w Ý CC 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
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1991 10 02 CC MINòw @˜ w Ý CC 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
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1991 10 02 CC MINòw @˜ w Ý CC 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
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1991 10 02 CC MINòw @˜ w Ý CC 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
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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.
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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
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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.
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