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HomeMy WebLinkAbout1984 08 15 CC MIN1984 08 15 CC MIN;¢f4Ä‹\REGUIAR MEETING OF THE CITY COUNCIL OF THE CITY CF BAU3WIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, AUGUST 15, 1984 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. I The Invocation was given by Councilman Izell. Councilman McNeill led the Flag Salute, ROLL CALL PRESENT: COUNCII^IEN GIBSON, IZELL, KING, MsNEILL AND MAYOR WHITE AI£0 PRESENT: City Manager WEbb, City Attorney Flandrick, Acting Dir. of Admin. Serv. Cole/ Dir. of Corm, Serv, Smith, Dir. of Housing & Economic Dev. Hemer, Chief of Police Snowden, City Planner Rangel, City Librarian Morris, Fire Chief McCann, City Treasurer Montenegro, and City Clerk Gair 00- City Clerk Gair presented the Consent Calendar: 1. Approve Minutes of August 1, 1984 2. Waive Further Reading and Adopt RESOLUTION NO. 84-66 ALITWING CLAIMS AND DEMANDS AGAINST THE CITY CF BAITWIN PARK 3. Approve Agreement Architectural Consultant Services for Central Business District Canmunity Mental Health Council, Inc. 4. Approve Agreement 1984-85 Mid-Valley Ccmnunity Mental Health Council, Inc. 5. Approve Agreement Gardening Services 6. Award Contract Traffic Information Services 7. Approve Changes Minority Business Enterprises Program 8. Approve Budget Amendments for Fiscal Year 1984-85 9. Approve Purchase of Property 14440 E. Pacific Avenue It was moved and seconded to approve the Consent Calendar. H/S/C: McNEILL/KING. There were no objections. INVOCATION FIAG SALUTE ROLL CALL CONSENT CALENDAR CCMSEOT CAI£NDAR APPROVED 00- BIB] 37655-U01 1984-U02 08-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9504-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 08 15 CC MIN;¢f4Ä‹\REGULAR MEETING OF THE CI1Y COUNCIL OF THE CITY OF BAICWIN PARK AUGUST L5, 1984 PAGE TTO I PUBLIC HEARING Mayor White introduced the Public Hearing on ZV-498, An appeal of the Planning Ccrrroission' s decision to deny a request for variances from Section 17.34.030.5, 17.34.030.4, 17.46.050.A and 17.14.100 of the Baldwin Park Municipal Code in order to allow less than the minimum width and depth of garage parking spaces, guest parking to be located more than one hundred fifty 150) feet from the units served, a fence greater than thirty-six 36) inches in height in a side yard area adjacent to a street, and less than the minimum amount of private open space area for a dwelling unit, on property located at 14015 Ramona Parkway." City Planner Rangel stated that the City Council is requested to review an appeal of the Planning Conmission decision to deny a zone variance for a forty unit condominium project, to allow less than the minimum width and depth of garage parking spaces, guest parking located more than one hundred fifty feet from units, a fence greater than thirty-six inches in height in amount of private open space for a dwelling unit. He explained that this is proposed to be a senior citizen housing ccnplex. He outlined the floor plans, the need to redesign the garages to comply with City code, the deficiencies which must be corrected to conform with Fire Department requiranents and the concern of Staff regarding granting a variance. He stated that there are no legal assurances that the project wuld remain occupied by senior citizens. Staff recarnnended approval of the Resolution to deny the applicant's request. In response to Councilman King's question. City Attorney Flandrick stated that there are both legal and practical problems relating to this project. Legally there are no appellate court decisions which have validated this kind of provision in CC & R's. Sunilar CC & R's relating to a group, whether age or ethnic have been invalidated. The courts may address this in the next several years with legislation to make a determination of that. The practical problem is, who is going to enforce such a CC & R. Mayor White declared the Public Hearing Open in regard to an appeal of the Planning Conrnission, ZV-498. Mr. Les Perance, applicant, spoke regarding other senior housing project that are working well in the state and surrounding ccnmunities. He explained that the design problems and deficiencies have been eliminated to meet all specifications of the City, with the exception of the width of garages. He stated that only one request is being made of Council and that is to approve the 16' wide garages, City Attorney Flandrick asked if the other three items for guest parking, height of fence and minimum private open space had been withdrawn. Mr. Perance stated that all items heard by the Plan- ning Ccinnission have been resolved. Also, any reference to Fire Department approval is pronature at this time, that will be obtained before constructing. The only approval need is for the garages. City Planner Rangel explained the new standards developed by the Fire Department for 26 foot access. This project would have to be redesigned or the units sprinkled to ccmply, Council dis- cussed this and code section 17.34.030 that sets the depth that is to be varied. Council further discussed the pros and cons of senior citizen housing in other ccirmunities they personally surveyed, the need for a two car garage, the lack of control in resales going to another senior citizen and the long term effect on the ccrnnunity in allowing this variance. PUBLIC HEARING ZV-498 STAFF REPORT RANGEL CITY ATTORNEY PUBLIC HEARING OPEN, ZV-498 C. I£S PERANCE COUNCIL DISCUSSION BIB] 37655-U01 1984-U02 08-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9504-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 08 15 CC MIN;¢f4Ä‹\REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAITWIN PARK AUGUST 15, 1984 PAGE THREE t Mayor White declared the Public Hearing closed. Mayor White asked if there was a notion to grant the appeal under ZV-498. There were none. It was moved and seconded to deny the appeal under ZV-498. H/S/C: McNEILL/KING. There were no objections. City Attorney Flandrick explained to Council that their action should be formalized by subsection l(b) of the Resolution before them being modified by deletion of the reference to the other aspects of the variance, leaving only the one variance. It was moved and seconded to approve Resolution No, 84-67, A RESOLUTION OF THE CITY COUNCIL CF THE CITY OF BAU3WIN PARK DENYING A ZONE VARIANCE. APPLICANT: C. LES PERANCE, LOCATION: 14015 RAMCNA PARKWAY, CASE NO. ZV-498." M/S/Ci KING/^fcNEILL. There were no objections. REPORTS OF OFFICERS, OMCTSSICNS OR CCWITTEES At the request of Councilman King, City Planner Rangel reported on the Ad Hoc Ccrnnittee. He explained the proposed development standards proposed by the architect, Mr. Good, to make condos more desirable and livable. He also mentioned 23 letters sent to developers, the proposed study on open space, breaking up the massiveness of developments, and private and common open space. Council discussed the replies received from developers, the type of space needed for washers and dryers in condos and in rentals and the recommendation for usable wall space when building. Councihnan King and Izell stated that the committee should be finishing their study in two to three weeks and be forwarding recommendations to the Planning Ccrmission. City Manager Webb explained that there was a need to amend the contract with the architect, Mr. Good. He recormended the Council approve a short term agreo'nent up to a mxiinum of $5,000 to ccnplete the work of the architect. It was maved and seconded to approve the City Manager's reccnnendation. H/S: KING/IZELL. ROLL CALL VOTE: AYE NOES ABSTO 4**JN: COUNCIIMEN KING, IZELL AND MAYOR WHITE COUNCIIMEN GIBSCN McNEILL COUNCIIMEN NONE PUBLIC HEARING CLOSED CALL FOR MOTION TO GRANT APPEAL MOTION TO DENY APPEAL APPROVED CITY ATTORNEY MODIFIES RESOLUTION RESOLUTION NO. 84-67 APPROVED WITH DELECTIONS) AD HOC CCMUTTEE DISCUSSION CITY MANAGER RECCTTIENDATION TO AMEND CONTRACT WITH ARCHITECT ROLL CALL VOTE AGREEMENT APPROVED 00- ORAL COMMUNICATIONS Mayor White declared Oral Ccmnunications Open and invited those wishing to speak to cone forward. Jeannie Martins, 14847 Sierra Way, Ad Hoc Connittee manber spoke concerning the washers and dryers in condos and rentals and the letters sent to developers. Mayor White declared Oral CcnTnunications closed. ORAL COW1UNICATICNS OPE^ JEANNIE MARTINS ORAL CCfrMJNICATICNS dOSED 00- It was moved and seconded to adjourn to a Closed Session at 7:51 p.m. M/S/C: McNEILL/GIBSON. There were no objections. CLOSED SESSION 7:51 P.M. BIB] 37655-U01 1984-U02 08-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9504-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1984 08 15 CC MIN;¢f4Ä‹\REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAUMCN PARK AUGUST 15, 1984 PAGE FOUR City Council reconvened at 8:00 p.m. same. Roll Call regained the i Relative to the Closed Session discussion City Attorney Flandrick reccmended, in the matter of Varela vs the City of Baldwin Park that the offer of settlement from the Plaintiff for $7,000 be accepted and settled, It was moved and seconded to approve the reooninendation of the City Attorney for settlonent. M/S/C: IZELL/GIBSON. There were no objections. City Manager Webb explained the suspending of work on the paint- ing of City Hall. This situation is still being resolved and the job needs to be conpleted. It was moved and seconded to authorize the City Manager to take whatever steps are necessary to cause conpletion of the project with the present or seme other contractor of perhaps City forces. M/S/C: KING/GIBSON. There were no objections. 00- It was moved and seconded to adjourn the Regular Meeting of the City Council at 8:05 p.m. M/S/C: KING/GIBSCN. There were no objections. COUNCIL RECONVENES 8:00 P.M. CITY ATTORNEY RECOMMENDATION VAREIA VS CITY SETTLEMENT APPROVED CITY MANAGER REPORT AUTHORIZATION APPROVED CITY HALL PAINTING MEETING ADJOURNED 8:05 P.M. /LINDA L. GAZR, CITY CLERK BIB] 37655-U01 1984-U02 08-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9487-U03 DO9504-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06