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HomeMy WebLinkAbout1984 06 20 CC MIN1984 06 20 CC MIN;¢f4ÄŸpeREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAU3WIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, JUNE 20, 1984 AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chanters at 7:00 P.M. The Invocation was given by Councilman Gibson. INVOCATION Councilman McNeill led the Flag Salute. FLAG SALUTE ROLL CALL PRESENT: COUNCIIMEN GIBSCN, IZELL, ROLL CALL KING, M3NEILL AND MAYOR WHITE AI£0 PRESEOT: City Manager Webb, City Attorney Flandrick, Dir. of Admin. Serv. Halloway, Dir. of Cairo. Serv. anith, Dir. of Housing & Economic Dev. Hemer, Chief of Police Sncwden, Fire Chief M=Cann, City T librarian Morris, City Treasurer Montenegro, and City Clerk Gair 00- Mayor White introduced Don and Lois Williams from North Carolina. Don is the Mayor's wife's nephew. Mayor White asked Nadja Cole, Personnel Director, to come forward. He read a list of the positions held by Ms. Cole and her acconplishnents. Mayor pro ton King ccnrnented on her service with the City and presented a twenty year pin to her. 00- City Clerk Gair presented the Consent Calendar: 1. Approve Minutes of May 30, 1984 2. Receive and File Treasurer's Report May 31, 1984 3. Waive Further Reading and Adopt RESOLUTION NO. 84-44 ALLOWING CLAIMS AND Pulled) DEMANDS AGAINST THE CITY OF BAUMEN PARK 4. Waive Further Reading and Adopt RESOUTTION NO. 84-45 SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1984-85 5. Waive Further Reading and Adopt RESOLirriON NO. 84-46 AMEWING RESOLUTION NO. 79-110 SETTING FEES AND CHARGES TOR ISSUANCE, PROCESSING AND FILING OF VARIOUS CITY SERVICES PERMITS AND LICENSES 6. Approve Contract Fair Housing of San Gabriel Valley 10th Year Cannunity Development Block Grant IOTRODUCTICN OF GUESTS 1WENTY YEAR'S SEFVICE AWARD CONSENT CALENDAR BIB] 37655-U01 1984-U02 06-U02 20-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9508-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 06 20 CC MIN;¢f4ÄŸpeREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAITWIN PARK JUNE 20, 1984 PAGE TWD It was moved and seconded to approve Consent Calendar Items No. 1-2 and 4-6. M/S/C: KTNG/GIBSCN. There were no objections. Director of Administrative Services Halloway presented Item No. 3 of the Consent Calendar with an amendment of $44,240.00 for Multiconstructors. It was moved and seconded to approve Item No, 3 of the Consent Calendar as amended. M/S/C: KING/M=NEILL. There were no objections. 00- Mayor White stated that there was a need for a Closed Session. He then explained the procedures governing a Closed Session. It was moved and seconded to adjourn to Closed Session at 7:05 p.m. M/S/C: KING/teNEILL. There were no objections. Council reconvened at 7:30 p.m. Mayor White explained that Council discussed labor negotiations. Gave direction to Staff and took no action. Roll Call remained the same. ITEMS NO. 1-2 and 4-6 APPRISED CONSENT CALENDAR ITEM NO. 3 ITEM NO. 3 AMENDED APPROVED MEETING ADJOURNED TO A CLOSED SESSION 7:05 P.M. COUNCIL RECONVENED AT 7:30 P.M. 00- Mayor White introduced the Public Hearing on CP-399 & ZV-493, An appeal of the Planning Commission decision to deny a request for a conditional use permit to allow off site alcoholic sales and an automobile service station, pursuant to Sections 17.22.030 A, and 17.22.030 B. of the Baldwin Park Municipal Code, and a request for a variance to allow a canopy to encroach into required side yard area, pursuant to Section 17.36-050 B. 2, on property located at 13001 Francisquito Avenue." Applicant: Atlantic Richfield Ccrnpany. Director of Ccrnnunity Services Stnith explained that Council is being asked to review an appeal of a Planning Ccrnmission decision to deny a conditional use permit to allow offsite alcoholic sales and a zone variance to allow less than the required side yard area. He explained the improvements the applicant is intending to make, the controls Ordinance No. 872 will have on this, the circulation pattern and the surrounding businesses adjacent to the property. Staff recomends that the City Council approved the applicant's request, subject to the Findings of Fact aixl the Negative Declaration of Envirorarental Impact. Council asked questions regarding potential traffic problems, the nature of past problems associated with other stores selling alcohol and the posstblity of the applicant applying for liquor license at a later date. Director of Ccmnunity Services Smith and City Attorney Flandrick explained that applications to the ABC Board are referred back to the City. This would then require an ex- panded permit. Application would have to be made for modification and a public hearing would be required. Mayor White declared the Public Hearing open on CP-399 & ZV-493 and invited those wishing to speak to come forward. PUBLIC HEARING CP-399 & ZV-493 STAFF REPORT APPEAL OF PLANNING COMMISSION DECISION COUNCIL DISCUSSION PUBLIC HEARING OPEN CP-399 & ZV-493 BIB] 37655-U01 1984-U02 06-U02 20-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9508-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 06 20 CC MIN;¢f4ÄŸpeREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BA1TWIN PARK JUNE 20, 1984 PAGE THREE C. Samuel Blick, attorney, Rancho Santa Fe urged Council to C. SAMUEL BLICK, approve the Staff reccrimendatian. He stated that Atlantic ATTORNEY Richfield had met or exceeded every restriction and additional suggestions made by the City. He offered to commit in writing that no hard liquor will be sold. He outlined some of the plans and procedures that will be used in this project and offered to answer any questions. Rodney Skager, 4755 Vista D'Qro, Professor at UCLA in Alcoholic RODNEY SKAGER Abuse, stated that after reviewing the site and surrounding area he saw no perceptable percentage of increase in alcohol use due to there already being a degree of saturation of sales. In response to Councilman King's question City Attorney Flairlrick stated that it would be difficult not to approve the resolution if all conditions are met. The Staff report approved the site and the evidence presented really gives no alternative but to approve. CITY ATTORNEY FLANDRICK Mayor White declared the Public Hearing closed. PUBLIC HEARING CLOSED COUNCIL DISCUSSION Council discussed the precedence set six years ago when stations with alcoholic beverages was approved, the lack of legal grounds to deny this and who the responsible party would be should there be any problems. Councilman McNeill spoke of his concern for not upholding the Planning Ccpmission' s denial. He preferred a self-service station with out alcoholic beverages. He felt this was not good for the Conmunity and he could not vote for it. Council discussed Councilman McNeill*s feelings regarding this and agreed they did not like alcoholic sales with gasoline, but saw no legal grounds to deny this. They also discussed the State laws that control the number of liquor stores and the possibility of League of California Cities helping to pass a law to preonpt this control. It was nwed and seconded to approve Resolution No. 84-47, RESOLUTION NO. 84-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAUMEN AND NEGATIVE PARK APPROVING A CONDITIONAL USE PERMIT TO ALLOW OFF-SITE DECLARATION APPROVED ALCOHOLIC SALES AND AN AUTCWBILE SERVICE STATICN PURSUAOT TO SECTION 17.22.030.A AND 17.22.030.B CF THE CITY CODE, AND A REQUEST FOR A ZONE VARIANCE FROM SECTION 17.36.050.B.2 CP THE CITY CODE IN ORDER TO ALLOW A CANOPY TO ENCROACH INTO A REQUIRED SIDE YARD AREA ON PROPERTY LOCATED AT 13001 FRANCISQUITO AVENUE CASE NO. CP-399 & ZV-493) and include the Negative Declaration. M/S/C: KING/GIBSON. ROLL CALL VOTE: ROLL CALL VOTE AYES: COUNCIIMEN KING, GIBSCN, IZELL AND MAYOR WHITE NOES: COUNCIIMEN McNEILL ABSTAIN: COUNCI1MEN NONE Mayor White introduced the Public Hearing on DR-3 & ZV-491, PUBLIC HEARING An application for a development review in order to construct DR-3 & ZV-491 a 67 unit residential condcminium project on 3.6^ acres, on OPEN property located at 12858 West Ramona Boulevard. The subject project is proposed within the R-3 PD) High Density Resident- ial Planned Development, and RG PD) Residential Garden Planned Developed zones. The City Council will review the location of the proposed dwelling units, landscaping, parking, and related project requironents. A request for a variance from Section 17.30.080 of the Baldwin Park Municipal Code, to allow less than the minimum dijnension of an open space adjacent to a unit for a planned development. Applicant: Sun-Ray Enterprises/ Enyart Enterprises". BIB] 37655-U01 1984-U02 06-U02 20-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9508-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 06 20 CC MIN;¢f4ÄŸpeREGULAR MEETING OF THE CITY COUNCIL OF TOE CITY OF BALDWIN PARK JUNE 20, 1984 PAGE FOUR Director of Connunity Services anith explained that Sun-Ray Enterprises/Enyart Enterprises is requesting reveiw of a development proposal for 67 condcminium units and a variance to allow less than mij-djnum dimension of an open space adjacent to a unit. He explained the flexibility of designs and City control in Planned Development. He told of the design, floor plans, units per acre and thedeficiences which can be corrected during plan check. The Planning Ccrnnission voted 4-0) to reccrnnend approval and Staff recamends Council approval. Mayor White declared the Public Hearing open on DR-3 & ZV-491, and invited those wishing to speak to cone forward. Lucy Scott, 3522 Baldwin Park Blvd., spoke regarding the cost of land when she originally purchased her none and the profit of contractors by the number of units now being placed on an acre of land. Mayor White declared the Public Hearing closed. Council discussed the project with a representative from Sun-Ray Enterprises regarding the open space for each ccndo, the set-back from the street, the maximizing of the square footage for the rooms and the overall size of the units. It was moved and seconded to approve Resolution No. 84-48, A RESOLUTION OF THE CITY COUNCIL OF TOE CITY OF BAU3WIN PARK APPROVING A DEVELOPMENT REVIEW APPLICATION BY SUN-RAY EWTERPRISES/ENYART ETWERPRISES TO DEVELOP A 67 UNIT RESIDEOT- IAL COMDOMINIUM PROJECT AT 12858 RAM^NA BOUI^VARD DR-3 & ZV-491)." and Certification of Negative Declaration of Envirorrental Impact. M/S/C: KING/I ZELL. There were no objections. City Manager Webb explained that this is a combined hearing on the City Budget and the allocation of Federal Revenue Sharing Funds. The $848,000 is reccinnended for Public Safety purposes. Mayor White declared the Public Hearing open on the proposed City Budget and the use of Federal Revenue Sharing Funds and invited those wishing to speak to cone forward. There were none. Mayor White declared the Public Hearing closed. It was moved and seconded to approved Resolution No. 84-49, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAITMIN PARK ADOPTING THE BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1984 AND ENDING JUNE 30, 1985". M/S/C: M^NEILL/GIBSON. There were no objections. The Mayor and City Council canplonented Staff on the quality of the budget and their presentation. 00- REPORTS OF OFFICERS, CCMCSSICNS OR CCMML'ITEES City Manager Webb requested that Council approve the pro- posed 1984-85 program budget for the Citywide Business Pronotion Area and authorize the execution of a three-year City/Chamber of Ccnmerce Agreonent. He outlined proposed City contribution to the Chamber and the changes regarding the administration of the district. STAFF REPORT PUBLIC HEARING OPEN DR-3 & ZV-491 PUBLIC HEARING CLOSED COUNCIL DISCUSSION RESOLUTION NO. 84-48 AND NEGATIVE DECLARATION APPROVED STAFF REPORT BUDGCT AND FEDERAL REVENUE SHARING FUNDS PUBLIC HEARING OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 84-49 APPROVED STAFF COMMENDED STAFF REPORT CITY MANAGER BIB] 37655-U01 1984-U02 06-U02 20-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9508-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 06 20 CC MIN;¢f4ÄŸpeREGULAR MEETING OF THE CITY COUNCIL OF THE CITY CF BAITfWIN PARK JUNE 20, 1984 PAGE FIVE He further explained that should the Jarvis Initiative pass in November there is a provision for cancellation within the contract. It was moved and seconded to approve the proposed 1984-85 program budget for the Citywide Business Promotion Area and authorize the execution of a three-year Agreement with the Chamber of Commerce regarding the Chamber's operations and administration of the district. W/S/C: M^NEILL/IZELL. Tnere were no objections. Councilman McNeill introduced his sister-in-law, Esther Mitchell, a retired teacher. Director of Community Services Smith explained the bids that were received for the construction related services for the Park-and-Ride Lot Project. The low bid for this project was J.E.G. Construction. Staff reconmends that the lew bid be accepted. It was moved and seconded to accept the construction bid by J.E.G. Construction was well as proposals for the re- lated services, authorize the Mayor to execute the contracts and authorize the City Engineer to prepare the Notice of Award for this project. M/S/C: KING/GIBSCN. There were no ojbections. Director of Housing and Economic Development Hemer stated that the Big Dalton Wash property could not be developed cost effectively for housing purposes by the City. He explained the three bids that were received and a fourth bid received after closing. Staff recomends acceptance of the from Rodine Companies Inc. for $149,895.00. In response to Councilman McNeill's question Mr. Hemer explained that the descrepancies in bids is because four other parcels have been privately acquired by Rodine Companies Inc. to include forty units. This greater number of units would justify the higher bid. Council discussed further their concern regarding the difference in the bids. Also discussed was the room sizes and the lower density creating a better environment for a greater number of years. Mr. Hemer explained that the proposals are well under the density requirement and meet or exceed requirements for Open Space. City Attorney Flandrick commented in regard to the Council's concern over the disparity of the bid amounts. He said that since an accounting will have to be given to the Federal Government to select other than the high bid could create serious problems. When the City is trustee it is not as free to do as it might otherwise do. It was moved and seconded to accept the bid of $149,895.00 for the Bid Dalton Wash property from Rodine Ccmapnies with the terms they have set forth, and authorize the City Manager to open escrow as soon as possible. H/S/C: GIBSCM/McNEILL, There were no objections. Councilnan King apologized for the minutes not being sent to all Councilmerobers. He reported that the Ccmnittee was receiving good direction frcm Staff and Mr. Tim Good, reccmnendations on utilization space. The Ccmnittee is reccitmending keeping the footage we have in all areas. He also requested $1,500 to retain Mr. Good's services to review Open Space, side yard and set-backs. This would complete Mr. Good's services. INTRODUCTION CF GUEST PARK-N-RIDE AWARD COOTRAOT J.E.G. CONSTRUCTIONS APPROVED STAFF REPORT BIG DALTON WASH PROPERTY COUNCIL DISCUSSION CITY ATTORNEY RODINE COMPANY AWARDED BID APPROVED AD HOCK CCM^TITEE REPORT BIB] 37655-U01 1984-U02 06-U02 20-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9508-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 06 20 CC MIN;¢f4ÄŸpeREGULAR MEETING OF THE CITY COUNCIL CF THE CITY CF BAIFWIN PARK JUNE 20, 1984 PAGE SIX It was moved and seconded that $1,500 be allocated to continue the services of Mr. Tirr Good, Architect. Councibnan McNeill requested that Council receive something in writing regarding the Ad Hoc Ccrmittee and the architect. He would like to be able to review this to see what has been acccrnplished. 00- Mayor White declared Oral Cannunications open and invited those wishing to cone forward. Aileen Pinheiro, Amar Road, spoke concerning the Historical Socity*s membership and attendance and encourage the City to use volunteer wrkers. Albert Sanders, spoke regarding the lack of space for children to play in the condcininium developments. He requested an ordinance change to require this. Mayor White declared Oral Communications closed. It was moved and seconded to adjourn the Regular Meeting of the City Council at 9:05 p.m. to Monday, July 2nd, at 7:00 p.m. due to a lack of quorum for the July 4th meeting. M/S/Ci MsNEILL/GIBSCN. There were no objecticais. MOTICM FOR $1,500 ALLOCATION APPROVED COUNCIL COMETS ORAL COMMUNICATIONS OPEN AII£EN PINHEIRO ALBERT SANDERS ORAL COMMUNICATIONS CLOSED MEETBSEG ADJOURNTD 9:05 P.M. TO MONDAY JULY 2, 1984 y^y fe^. LINDA L. GPttR, CITY CLERK BIB] 37655-U01 1984-U02 06-U02 20-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9508-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06