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HomeMy WebLinkAbout1983 05 18 CC MIN1983 05 18 CC MIN;¢f4Ų REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, 14403 EAST PACIFIC AVENUE, WEDNESDAY, MAY 18, 1983 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. An Invocation was given by Councilman Izell. Director of Housing & Economic Development Hemer led the Flag Salute. PRESENT: COUNCILMEN AGUILAR, IZELL, KING AND MAYOR WHITE ROLL CALL: INVOCATION FLAG SALUTE ROLL CALL City Manager Webb, ALSO PRESENT: City Attorney Flandrick, Dir. of Comm. Serv. Kelly, Police Chief Snowden, Dir. of Adm. Serv. Hattoway, Dir. of Housing & Economic Dev. Hemer, City Engineer Smith, Dir. of Human Serv. Lucas, City Treasurer Montenegro, and City Clerk Gair It was moved and seconded to excuse Councilman McNeill's absence. M/S/C: KING/IZELL. There were no objections. 00- City Clerk Gair presented the Consent Calendar: 1. Approve Minutes of May 4, 1983 2. Receive and File Treasurer's Report April 30. 1983 3. Waive Further Reading and Adopt RESOLUTION NO. 83-34 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading and Adopt RESOLUTION NO. 83-35 APPROVING THE ENGINEER'S REPORT" FOR CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN A MAINTENANCE DISTRICT WITHIN THE CITY OF BALDWIN PARK 5. Waive Further Reading and Adopt RESOLUTION NO. 83-36 DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN LANDSCAPING AND LIGHTING IN AN EXISTING MAINTENANCE DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON 6. Final Approval of Tract Map No. 38623/13502 Tracy St ABSENCE EXCUSED CONSENT CALENDAR BIB] 37655-U01 1983-U02 05-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9488-U03 DO9565-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1983 05 18 CC MIN;¢f4ŲREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 18, 1983 PAGE TWO 7. Approve Amendment to Fund 4911 of the 1982-83 City of Baldwin Park Annual Budget 8. Authorization to Initiate Trustee Sale on Delinquent Residential Rehabiliation Loans 9. Approve Supplemental Consultant Agreement for Engineering Services for Main Avenue Improvement Project/Van De11 and Associates, Inc. It was moved and seconded to approve the Consent Calendar as presented. M/S/C: KING/AGUILAR. There were no objections 00- IT WAS THE TIME AND PLACE FIXED FOR A PUBLIC HEARING ON AZC-88, The Intent of the City Council to consider an amendment to the Zoning Code of the City of Baldwin Park which would permit the Placement of second dwelling units within the R-1, Single Family Residential Zone. Director of Community Services Ketly explained Senate Bin 1534 which requires the cities and counties to make provisions for the placement of second dwelling units on existing single family lots. He stated that legal notice of this proposed zoning code amendment was advertised in accordance with State law. Mr. Kelly explained that the proposed ordinance will set certain square footage standards for lot size in accordance with General Plan requirements. The Plan- ning Commission has suggested a modification to the proposed ordinance which would require second parking spaces for the second units to be open and not covered. Staff recommends that Council approve the proposed ordinance. And the second units be treated as a separate single family land use and that it provide two covered parking spaces in accordance with other R-1 Zone regulations. Mayor White declared the Public Hearing open on AZC-88 and invited those wishing to speak to come forward. There were none. Mayor White declared the Public Hearing closed. In answer to Councilman Aguilar's question, Mr. Kelty explained that the standards stated that there be two covered parking spaces which would be in accordance with the proposed ordinance. Councilman Aguilar was concerned that the umt would not be enclosed as a garage, and would create a carport. Mr. Ketty stated that if Council concurs with the Staff recommendation, they could amend a sentence in the ordinance calling it two garage parking spaces in order to eliminate a carport situation. Councilman Izetl requested that the record show that he had no comment on the Ordinance at all. Following discussion, it was moved and seconded to amend Ordinance No. 857, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE R-1 SINGLE FAMILY RESIDENTIAL ZONE REGULATIONS CASE NO. AZC-88)", to read actual garages" instead of carports and to approve the ordinance for first reading. M/S/C: AGUILAR/KING. CONSENT CALENDAR PUBLIC HEARING AZC-88 STAFF REPORT KELLY PLANNING COMMISSION SUGGESTIONS STAFF RECOMMENDATION PUBLIC HEARING OPENED ON AZC-88 PUBLIC HEARING CLOSED NO COMMENT" BY COUNCILMAN IZELL ORDINANCE APPROVED WITH AMENDMENT FIRST READING BIB] 37655-U01 1983-U02 05-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9488-U03 DO9565-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1983 05 18 CC MIN;¢f4ŲREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ROLL CALL VOTE: AYES: COUNCILMEN AGUILAR, KING, MAYOR WHITE NOES: COUNCILMEN NONE ABSTAIN: COUNCILMENIZHI ABSENT: COUNCILMENMcNEILL MAY 18, 1983 PAGE THREE ROLL CALL VOTE 00- REPORTS OF OFFICERS, COMMISSIONS OR COMMITTEES IT WAS THE TIME AND PLACE FIXED FOR A PUBLIC HEARING ON the proposed condemnation of property Morgan Avenue Street Widening. The Director of Housing and Economic Development Hemer explained the location of the property in the Central Business District. He stated that a letter offering to purchase this property was mailed by the City to the owner and no response was received. On May 3, 1983 the owner of record and other interested parties were notified of this public hearing. On May 11, 1983 Mr. Sherwood Jackman hand-de'livered a written request to be heard on this matter, signed by himself and Carolyn Herzon who is the owner of record. Mr. Hemer further explained the four findings listed in the Resolution of Necessity; 1) public interest or necessity requires the project; 2) the project is planned or located in a manner which is compatible with the greatest public good and least private injury; 3) the proposed property to be aquired is necessary for the project; and written offer required by Government Code has been made to the owner of record. It is recommended that Council approve the Resolution of Necessity, and authorize the Mayor to execute the Resolution. The City Attorney Ftandrick verified that the public hearing to be held relates to the findings listed in the Resolution only. There will be no negotiation of price at this meeting. Mayor White declared the Public Hearing open and invited those wishing to speak to come forward. No one came forward. Property owners Sherwood Jackman, Carolyn Herzon and their Attorney Franklin Huttand were present in the audience. Mayor White declared the Public Hearing closed. It was moved and seconded to approve Resolution No. 83-37, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRES THE ACQUISITION OF CERTAIN REAL PROPERTY IN FEE AND PUBLIC STREET AND PARKWAY PURPOSED AND ALL USES APPURTENANT THERETO". M/S/C: KING/AGUILAR. There were no objections. 00- NEW BUSINESS PUBLIC HEARING ON PROPERTY CONDEMNATION STAFF REPORT HEMER STAFF RECOMMENDATION CITY ATTORNEY EXPLAINS PUBLIC HEARING PUBLIC HEARING OPENED PUBLIC HEARING CLOSED RESOLUTION NO. 83-37 APPROVED Councilman King spoke concerning the possibility of a prison facility being build within the boundaries of the San Gabriel Valley. He felt the facility should be located in an isolated county area. PRISON FACILITY DISCUSSED BIB] 37655-U01 1983-U02 05-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9488-U03 DO9565-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1983 05 18 CC MIN;¢f4ŲREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 18, 1983 PAGE FOUR C-ity Manager Webb commented that it was unlikely the facility would be built there, but Council can take an official stand on the matter if they wish. It was moved and seconded to direct the City Manager to send a letter expressing Council opposition to a prison facility being placed at the site selected. M/S/C: KING/AGUILAR. There were no objections. 00- Mayor White declared Oral Communications open and invited those wishing to speak to come forward. Roy Test, Kenoak Street, Baldwin Park, spoke con- cerning small trucks being parked on Ramona and Puente on private property. He felt that the truck noise disturbs the peace and causes a health hazard. Director of Community Services Kelly stated that this has been discussed with the truck drivers by City Staff and a letter is being prepared to send to the property owner. He stated that unless the City receives a fromat complaint filed by citizens that the District Attorney will not file action on the matter. Council discussed what the City can do to abate the situation. City Attorney Flandrick stated that Council could consider rezoning of the property to prohibit this type of activity. Mr. Kelly stated that Staff will explore the possibility of a change in zoning and work on a solution. A1 Sartori, 13303 Waco, asked concerning increasing the height of the existing fence by three feed across the back of his property by Tracy School. Director of Community Services Kelly stated he will meet with Mr. Sartori after the meeting. He will also set up a meeting with school district staff to discuss the fence extension. Sal Morales, 500 West Lincoln, Montebello and owner of properties located at 3440 and 3442 Big Dalton Avenue spoke to Council about an addition on one of his properties and a final inspection he thought he was given by City Staff. He informed Council that the City wants to re-inspect the work on the addition before final approval will be given by the City. He is unhappy with the service given by the City and has written a letter to the Mayor. Council discussed Staff actions relating to the in- spection on the property and the inspection card which Mr. Morales says was given final approval by City Staff. Mr. Kelty explained that the City wants to insure that the additional construction is legal. He said that an error by Staff in signing the card does not make it a legal final occupancy. In order to answer Mr. Morales' letter of complaint to the Mayor, they will need to reinspect the property. The City does not have the right to go onto the property since the City has been told by Court Order that they may not have access to the property to conduct a final inspection. Following discussion with Council, Mr. Morales stated that he felt a second inspection was out of order and CITY MANAGER TO SEND LETTER OF OPPOSITION PRISON FACILITY ORAL COMMUNICATIONS OPENED ROY TEST COUNCIL DISCUSSION AL SARTORI SAL MORALES BIB] 37655-U01 1983-U02 05-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9488-U03 DO9565-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1983 05 18 CC MIN;¢f4ŲREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 18, 1983 PAGE FIVE that there has been a continual problem with Staff over this and other matters. He said he would not allow the inspection. Mayor White stated that the City will have to inspect the property, look into employees activities and will meet with Mr. Morales after the meeting if it will make matters easier. City Attorney Flandrick also ex- plained that it is necessary for an inspection of the property by the City to verify what has occured. He said he could not give an opinion since he was not familiar with the correspondence or the case. Mr. Morales said he is not satisfied and his legal counsel will take care of this. He said the City does not have his permission to come on his property for a second inspection 00- Alfred Ramirez, 3727 Rose Lane, spoke concerning two traffic citations he received for parking his truck in his driveway. He wanted to know what he can do to keep from getting the tickets in the future, since it was a commercial zone before a recent rezoning and the Police Department said he could park in the driveway since it was a non-dedicated street. Mr. Kelly said that the Chief of Police and he will meet with Mr. Ramirez after the meeting to gather more facts about this. Mayor White declared Oral Communications closed. 00- It was moved and seconded to adjourn the regular meeting of the City Council at 7:55 p.m. M/S/C: KING/AGUILAR. There were no objections. ALFRED RAMIREZ ORAL COMMUNICATIONS CLOSED CITY COUNCIL MEETING ADJOURNED AT 7:55 P.M. BIB] 37655-U01 1983-U02 05-U02 18-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9488-U03 DO9565-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06