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HomeMy WebLinkAbout1970 11 09 CC MIN1970 11 09 CC MIN(ÌìݽpeCC04618 ADJOURNED REGULAR MEETING OF THE BALDWIN PARK CITY COUNCIL NOVEMBER 9, 1970 CITY HALL COUNCIL CHAMBER) 14403 East Pacific Avenue 7:30 P.M. i The City Council of the City of Baldwin Park met in adjourned regular session at the above place at 7:30 p.m. Councilman Blewett led the salute to the flag. FLAG SALUTE Roll Call: Present: COUNCILMAN BLEWETT, HAMILTON, ROLL CALL KING AND MAYOR MCCARON Absent: COUNCILMAN GREGORY Also Present: CITY MANAGER NORDBY, CITY ENGINEER FRENCH, PLANNING DIRECTOR CHF'VETTA. FINANCE DIRECTOR DUNCAN, CITY TREASURER CODLING, CITY CLERK BALKUS, PLANNING COMMISSIONERS: LARSON, MIDDLETON, THOMAS, WITTIG AND YANEZ Absent: CITY ATTORNEY FLANDRICK AND CHIEF OF POLICE ADAMS 00- COUN<:ILMAN BLEWETT MOVED THAT COUNCILMAN GREGORY AND CITY ATTORNEY FLANDRICK BE EXCUSED. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- Mayor McCaron stated that the main subject under discussion would be the North Eastern section of Baldwin Park. He suggested that Planning Director Chivetta start the discussion. Planning Director Chivetta presented maps that had been prepared for the Area Analysis Study in the North end of town. The maps indicated Manufacturing, Commercial, multiple family residential and single family development. Other maps indicated homes in excellent condition, sound structure, deterioration and dilapidation of structure. Another map showed assessed valuation of the land. The various colors denoted assessed value of land as assessed by the County. Planning Director Chivetta stated that approximately 75 to 80% of the property is owned by absentee owners and that the majority of the property owned by absentee owners is in a run down condition. He stated that much of the property is owned by people who do not care about the goals of the City, they do not have an interest, and they do not want to comply with local or state laws. These are people who own property in Baldwin Park and live elsewhere, in many instances. Mayor McCaron stated that he felt what everyone was primarily interested in was how are we going to develop that area and what procedure must be implemented to improve the type of development in that section of Baldwin Park. Councilman Hamilton asked if property was rezoned from R-1 to C-1 or C-2, but not developed and the people still live there would that be considered nonconforming use and would it be legal. Planning Commissioner Thomas stated that it would depend on whether the people make application for a zone change. In that case, they should clear the lard. But if the City instigates the zone change the peole are obligated only to maintain the land. He objected to the dual, mixed uses. Continued) COUNCILMAN GREGORY & CITY ATTORNEY FLANDRICK EXCUSED BIB] 37659-U01 1970-U02 11-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10051-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 11 09 CC MIN(ÌìݽpeCQ4619 Adjourned Regular Meeting of the Baldwin Park City Council November 9, 1970 Page 2 Councilman Blewett stated that he felt the Precise Plan Ordinance could solve a lot of our problems in the area under discussion, and throughout the City. He stated that it would be nice to go back and rezone properties that are not being used correctly to R-1, but it would probably result in a revolution within the City. He stated that when property owners appear before the Council and want to do something with their property, they should present a plan and if they do not follow through with the plan the zoning should stay R-1. Councilman King stated that some of the area we inherited from the County was R-3 and should go back to R-1 by Baldwin Park standards. Mayor McCaron asked for an explanation of the Precise Plan Ordinance and what could be done as far as zoning an area to a certain usage so that it could not-be contested. Planning Director Chivetta stated that conditional zoning is where you say to a property owner, in order t,o receive this zone you wilt have to do certain things. Exahiple: Once you present a Precise Plan Development, the property will be redassitied, but not until construction is started. He stated that in a Charter City you can get away with this but in a General Law City, attorneys frown on this practice. In essence a Precise Plan of Development is the same thing. The Precise Plan of Development would be reviewed and approved by the Commission. That would insure the property would develop according to that picin. Planning Director Chivetta stated that further, you nust have standards and cover aesthetics. The verbage has to be such that you will review materials used on the property. The property owner will have to specify what type of material he is using, glass, wood, masonry, steel, etc. Also, he must specify lighting, off street parking and other essential items. He stated that the City would have control of Land Usage so that you would not find a foundry next to a residential area. In answer to Mayor McCaron, Planning Director Chivetta explained there was no particular plan at the present time to encourage development in the M-1 areas; that possibly there could be a major truck terminal for parking and that it was hoped that a Major Oil Company would be interested. The City may have to step in on emminent domain. He pointed out how the variious areas had developed and stated that originally the Southerly tine for industrial development was to have been Joanbridge Street. There was further discussion about the possibility of notifying property owners as to what would be expected of their property and also the possibility of meeting with the property owners, either in their homes or some place close by. City Manager Nordby distributed copies of the Community Redevelopment Act to the Council. He stated that he would like to supplement what Planning Director Chivetta said about the precise plan ordinance. He stated that if we are going to wait for some developer to come into that area, they would have so many obstacles that they would never get started, let alone finish the job. City Manager Nordby stated that the Urban Renewal and the Redevelopment Act are similar, in that they allow the local agencies the power to acquire the land, clear the land and if necessary, condemn the land. He stated that the problem Continued) BIB] 37659-U01 1970-U02 11-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10051-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 11 09 CC MIN(ÌìݽpeVOQW20 Adjourned Regular Meeting of the Baldwin Park City Council November 9, 1970 Page 3 we have and the difference between Urban Renewal and Redevelop- ment Act is the fact that the Federal Government finances the cost of the entire program. With a State Act there are no funds available. It would be up to the City to acquire the funds. He stated that as far as Sales Tax is concerned, Montclair had an increase of 46% last year, whereas Baldwin Park had a Sales Tax increase of only 6 to 7%. He stated that the City needs the authority and power of the Redevelopment Act. Planning Commissioner Yanez stated that priority should be given to the Nuisance Abatement Program and he wondered if the inspector had checked in the North end of town and if the area should be given some priority. Mayor McCaron stated that there are a number of houses in that area that are not fit for human beings to live in and many nuisances in the area had been abated. City Engineer French stated that the City had been very active in that area and it was easy to see what the problems are. He stated that from the stand point of the last inspection it was necessary to take some kind of action against 61% Qf the properties. He stated that out of the 61% about 20% of the properties had some type of land use problem or land use condition. The rest related to a clean up or major nuisance condition, and in every case the City has taken some type of action to get the property vacated. He stated that if someone is living in the house it is very difficult to get the people out of the house. He explained in detail the difficulties in attempting to move these people out of the houses. He stated that it was almost impossible even when the property is your own and you are attempting to remove a tenant. He stated that the City does not have the authority to bodily remove people from the property; that the City had been trying to see that houses are unoccupied before action was taken. Planning Director Chivetta explained that up until a year and a half ago M-1 uses permitted truck yards with no conditions at a11. There should not be a caretakers place on a small lot as there is now a problem of removing them as the building has to be vacant 6 months or longer before it can be removed. A Federal controlled program would work but you need people to work on this program. He met with people in one instance and explained how the procedure works. First, after review the property is found to be substandard. The cost to bring property up to code would be $5,000.00, $2,500.00 owners cost at 3%. The Government would take a mortgage. However, people are only interested in finding a purchaser for the property. If people in the area would work as inspectors they could go in and the City would back them up and the program could be used. This would only be used on Residential property. Commercial property can only be redeveloped through a Community Redevelopment Agency. Planning Director Chivetta presented slides showing various areas in Baldwin Park that need to be cleaned up. Homes in disrepair, debris in plain view of the street, abandoned vehicles, titter and other conditions that need to be corrected. Councilman King stated that in regard to the last study that was made in this area, the City did not take a hard nosed approach to the people involved and tell them the City was subsidizing about $40,000.00 and they should have some constructive throughts of their own in regard to the problem. He stated that there were many property owners in that area who were working towards a solution to the problem, and then Continued) BIB] 37659-U01 1970-U02 11-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10051-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 11 09 CC MIN(ÌìݽpeC,W62l f Adjourned Regular Meeting of the Baldwin Park City Council November 9, 1970 Page 4 there were the few who said no" and that was the end of the study. He asked if perhaps the City did not take a hard enough approach in saying that a hardship was being created on approximately 80% of the community. Planning Director Chivetta stated that this cost could be brought down by other factors, but that there was too much of a gap between revenue received and zoning violations. i Mayor McCaron asked City Engineer French to explain what takes place on each nuisance abatement action and how much time is consumed in bringing a case before the Council. City Engineer French stated that reports must be obtained from the Fire Department, the Health Department, the Police Department and the Planning Department. Resolutions must be passed, and hearings before the City Council must be set up, photographs must be presented, mailings and publications must be accomplished. He stated that because of a property owners rights the City can not run rough shod over the property owner. City Engineer French stated that usually a property owner is given 90 days to rehabilitate or demolish structures on the property. He stated that within a period of one year, they have run as many as three auto and three plublic nuisance abatements on some of these same properties. He stated that after this procedure, the City must get a competitive bid for the lowest cost to tear down structures or complete cleanup on the property. Then there is another hearing before the City Council. So from start to finish an average public nuisance abatement case could take a period of six months. He stated that one man handles all these procedures before the City resorts to the courts, and after over a year in court, it is possible the judge will dismiss the case. Mayor McCaron asked City Engineer French how many man hours are involved in one public nuisance abatement case and City Engineer French answered that there are about 20 to 25 man hours involved on each case and the cost to the city is about $200.00. City Engineer French explained that improvement in the area at the present time is the widening and improvement of Olive, and Nubia will be next. Councilman Blewett stated that at Bleecker and Olive the people win dedicate now and he asked if the City could put in the street. City Engineer French stated there is no way for the City, with the present staff, to move on all these places and streets; that it would take 6 months or more to contact all the people and answer their questions, etc. City Engineer French explained that the City does not run abatement procedures on Zoning violations. Planning Commissioner Middteton asked whether the $200.00 cost to abate a nuisance could be assessed against the property. City Engineer French explained that this was legal; that the City assesses the property only 50% for overhead. The Title Report costs from $15.00 to $40.00 and there are from 20 to 25 hours of department time on each nuisance case. The people are very upset over the $50.00 assessment. Councilman King stated it might be a good policy that on a second nuisance abatement on a property that the property be assessed the entire $200.00 cost. Continued) BIB] 37659-U01 1970-U02 11-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10051-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 11 09 CC MIN(ÌìݽpeAdjourned Regular Meeting of the Baldwin Park City Council November 9, 1970 Page 5 City Engineer French stated if the actual costs and fees were charged the people would be very upset. Councilman Blewett requested that the Council be alerted when a building should be torn down so they can make the determination that the structure must be torn down and cannot be rebuilt. Planning Director Chivetta presented further slides showing various properties in the area. He stated the canning Department did not pick out specific properties but rather took photographs at random. City Manager Nordby stated that one of the slides Planning Director Chivetta showed appeared to be property that had been up for abatement three or four times. He stated that six weeks to 2 months after Council had completed action the property was right back in the same situation. He stated that one thing Urban Renewal or Community Redevelop- ment will not do is to rehabilitate the people. The property can be cleaned up but if the people are inclined to have their premises look like that it will be a continuing problem. He stated that he wished there were some way the City could get progressively harder on these people, but as things stand now the same procedure has to be followed the second, third and even fourth time. He stated that Baldwin Park has, with- out question, the most aggressive program on public nuisance of any city in Los Angeles County. However, he stated that there are certain legal limitations that are imposed on the City and suggested that this subject be discussed with the City Attorney to see whether after the first offense the City could get tougher". There are certain laws, in certain areas of criminal law, which would make repeated violations increasingly subject to stiffer penalties. Planning Director Chivetta explained that in order to process a Zoning violation the first step was to send a letter informing the property owner of the violation and telling them they had 15 or 30 days in which to comply with the Municipal Code. The second letter sent out if the property owner does not comply, is usually a letter requesting an office conference. At this time, the property owner is asked to prove why the City should not file a criminal complaint. Planning Director Chivetta stated that the City would work with the property owner, within reason, if they need additional time. He stated that if the property owner does not comply within that time limit, a letter is sent to the District Attorney's Office requesting they set up an office conference with the property owner. At that time, the District Attorney informs the property owner of their responsibility to comply with the code and if they do not comply within a specified period of time the outcome would be court action. He stated that the City then files a criminal complaint in behalf of Baldwin Park. If the violator pleads not guilty, he would have a right to trial y Jury, defense counsel and an opportunity to present his own case. He stated that if the violator pleads guilty, he loses all his right and the maximum fine could be $500.00 and/or 6 months imprisonment. If found guilty, Planning Director Chivetta stated that this would be a misdemeanor and the City tried to avoid this because it would give the violator a criminal record. He stated that'95% of the tinr-e, the letters were sufficient to obtain response, 4'^ of the time it was necessary to resort to the District Attorney's Office and 1% of the time action must be resolved by the courts. Continued) BIB] 37659-U01 1970-U02 11-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10051-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 11 09 CC MIN(ÌìݽpeAdjourned Regular Meeting of the Baldwir- Park City Council November 3, 1970 Page 6 City Manager Nordby was asked how soon the City could get a Community Redevelopment Agency started and he replied that as soon as Council gave its approval and the Attorney so advises the project could be started. He stated City Attorney Flandrick would advise the City on procedures to be followed. He stated he felt that the City should continue and even accelerate public nuisance enforcement and enforcement of the Zoning violations. He stated he felt the City was still not accomplishing what should be the major objective and that would be to serve as a catalyst to get some real development in the community. City Manager Nordby proposed that he would submit an outline suggesting and recommending to the Council procedures to be followed, involving the necessary documents to be adopted to set up the CRA. He stated that this would be a rough road to go, would require fortitude, and it would need the unanimous support of the Council and the Commission. Mayor McCaron stated that he would like a little more information on how many home owners and absentee owners are in the area under discussion, before starting the CRA proceedings. City Manager Nordby stated that one thing that was essential in a program of this nature was a comprehensive survey of the area that would be designated as a project area. It would be important to know everything about the area, the people and to project the total cost of the program. He stated that when you read the law involving the CRA there are many things to be learned about procedure. He stated that one thing that had not been mentioned was that when you propose a project and a study was made of the area, including the cost of acquisition and the cost of site clearance you also study the marketability of the land. He stated that before you acquire the first parcel of ground you know what would be done with it. Mayor McCaron suggested that perhaps vacant ground would be a good place to start, such as Rivergrade Road and Arrow. In answer to Councilman Hamilton, City Manager Nordby stated redevelopment would apply to all zones in the area. Mayor McCaron cited orobtems the City of Colton had experienced and emphasized that the project v?ou1d require extensive study. There was further discussion about the possibility of setting up a Redevelopment Agency. Councilman Blewett brought up the subject of trucks parking on residential property and felt there should be a concentrated police effort of ticketing these trucks until the problem is brought under control. He stated that the City cannot have these trucks encroaching on residential property. He suggested the possibility of employing another enforcement officer to help Mr. Palmer, and felt the City could pick up enough additional revenue in lost business licenses to pay the extra salary. City Manager Nordby stated that virtually every department is understaffed, in comparison with other cities. He stated that the unemployment rate in Los Angeles County is about 6.8% and expected to get worse. He stated that this has an ultimate effect on the revenue the City gains as had been reflected already. He felt the Sales Tax miqht hold up but that there may be more delinquency in the property tax when the first large payments come in in December; that because of the unemployment more people might possibly be deferring or unable to make the first payment on their property tax. He stated that we must gear our operation to the funds available. Continued) BIB] 37659-U01 1970-U02 11-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10051-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 11 09 CC MIN(ÌìݽpeI Adjourned Regular Meeting of the Baldwin Park City Council November 9, 1970 Page 7 Finance Director Duncan stated that at the present time Sales Tax is down $3,000.00 from last year. City Manager Nordby stated that the City had anticipated $125 to $130 thousand dollars a year on the cigarette tax, and that these funds would finance the new City Hall. However, it is necessary to use the cigarette tax for operating funds. He stated that since we are in the same labor market we must keep pace with neighboring cities and pay the prevailing rates when hiring qualified employees. There was further discussion on possible ways to increase revenue and City Manager Nordby brought up the fact that a Charter was being drafted which would allow the City greater latitude on revenue. Planning Commissioner Thomas asked if there had been any thought given to putting a Use Tax" on trucks. Planning Director Chivetta suggested a review of fees for variances, zone changes, conditional use permits and relocations. He stated the Planning Commission had started a land use survey as a first step to amend the General Plan and bringing it up-to-date. City Manager Nordby stated that what had been discussed was good but that the increase in the business license-of 25% this year, which had just been put into effect, was more or less a stop gap measure and he was working on something proposing the promotion of Industrial and Commerical Development. He stated this was the only long range permanent guarantee that the City would survive. He stated that there was an imbalance in Baldwin Park between residents and business; that in 77 cities in Los Angeles County Baldwin Park was at the bottom of the list and that the City must take an active part in accelerating and promoting the business and industrial development. He stated that there was an assessment district on Virginia Avenue that had been a real struggle to put together. $300,000.00 more or less was the cost, charged back to the property owners. He stated we do not want shacks, transmission shops, clapboard buildings of the type evident in that area. He stated that the City needs a broad, hard nosed program that really pushes. Mayor McCaron brought up the area bounded by the freeway, Baldwin Park Blvd. and Francisquito. He stated that one of the things that was a potential danger in that soot, as far as future development is concerned, was that even though it is zoned as it is or if it was rezoned, it could still become a problem area inasmuch as, if the lots are sold and developed individually, it could become a hodge podge of land development. Planning Commissioner Middleton stated everyone was aware of the need for additional business in Baldwin Park and that it would be better if we had 50 acre parcels to offer. He felt the area must be cleaned up to entice business and urged the Council to consider additional enforcement officers. He stated the nuisance abatement property owners should be assessed the full cost of $200.00 which would defray ithe cost of additional personnel. City Manager Nordby agreed the area needed cleanup, however, he said this type of revenue would not finance a program and whatever is done would have to be financed from General Revenue. He stated that we should have a two fold program, one to get rid of the nuisances and another to get rid of the people who create these nuisances. Continued) BIB] 37659-U01 1970-U02 11-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10051-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1970 11 09 CC MIN(ÌìݽpeC004625 Adjourned Regular Meeting of the Baldwin Park City Council November 9, 19/0 Page 8 Mayor McCaron thanked the Planning Commission for attending the meeting and stated that he felt everyone had learned something from the discussions. 00- AT 11:00 P.M. COUNCILMAN HAMILTON MOVED THAT THE CITY COUNCIL ADJOURN. COUNCILMAN KING SECONDED. There were no objections. The motion carried and was so ordered. 00- ADJOURN 11:00 P.M THELMA L. BALKUS, CITY CLERK APPROVED: /^-/^ 1970 Date of Distribution to City Council: /^i // Date of Distribution to Departments: 2 y/ 1970 1970 BIB] 37659-U01 1970-U02 11-U02 09-U02 CC-U02 MIN-U02 LI1-U03 FO9994-U03 FO9996-U03 DO10051-U03 C4-U03 MINUTES1-U03 2/6/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06