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HomeMy WebLinkAbout1985 02 06 CC MIN1985 02 06 CC MIN;¢f4ÄGREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAILWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, FEBRUARY 6, 1985 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 McNeill. Councilman Gi-bson led the Flag Salute. ROLL CALL PRESET: COUNCII^EN GIBSON/ IZELL, KING, McNEILL AND MAYOR WHITE ALSO PRESETS: City Manager Webb, City Attorney Flandrick, Acting Dir. of Admin. Serv. Cole, Dir. of Conn. Serv. Smith, Dir. of Housing & Economic Dev. Hemer, Acting Chief of Police Lanza, Fire Captain McCann, City Librarian Morris, City Treasurer Montenegro, and City Clerk Gair 00- City Clerk Gair presented the Consent Calendar: 1. Approve Minutes of January 16, 1985 2. Waive Further Reading and Adopt RESOLUTION NO. 85-8 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BAII3WIN PARK 3. Waive Further Reading and Adopt ORDINANCE NO. 888 APPROVING A CHANGE OF Second Reading) ZONE FROM OS, OPEN SPACE TO ZONE I, INDUSTRIAL. APPLICAOT: CITY OF BAU3WIN PARK REDEVELOPMENT AGENCY/- CASE NO. Z-451; LOCATION: 22.3 ACRES OF A PORTION OF THE SOUTHERN HALF OF THE DELTA REDEVEDOPMEISTT PROJECT 4. Waive Further Reading and Adopt RESOLUTION NO. 85-9 APPROVING A HOME MORTGAGE FINANCE PROGRAM IN COOPERATION WITH THE COUNTY OF LOS ANGELES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY OF BAIDWIN PARK A COOPERATIVE AGREEMENT BE7IVJEEN THE COUNTY OF LOS ANGELES AND THE CITY OF BALDWIN PARK 5. Approve Budget Amendment 1984-85 City Budget 6. Approve Budget Amendment 1984-85 City Budget Audit Fees INVOCATION FLAG SALUTE ROLL CALL CONSENT CALENDAR BIB] 37655-U01 1985-U02 02-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9490-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 02 06 CC MIN;¢f4ÄGREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FEBRUARY 6, 1985 PAGE WO It was moved and seconded to approve the Consent Calendar as presented. M/S/C: KING/McNEILL. There were no objections 00- CONSENT CALENDAR APPROVED PUBLIC HEARING Mayor White introduced the Public Hearing on the School Impact Fee, The intent of the City Council to consider adoption of an Ordinance requiring dedication of land, the payment of fees in lieu thereof, or a combination of both, for classrooms and related facilities for elementary or high schools as a condition to the approval of residential development. Continued frcm January 2, 1985)". City Manager Webb stated the Baldwin Park School District had withdrawn their request for the School Impact Fee. Mayor White introduced the Public Hearing on the considera- tion of Implementation of a Development Tax, The intent of the City Council to consider adoption of an ordinance requiring dedication of land, the payment of fees in lieu thereof/ or a combination of both for the purpose of developing new or rehabilitating existing park or recrea- tional facilities by future inhabitants of new residential development as a condition to approval of said residential developments. Continued from January 2, 1985)". City Planner Rangel stated that the City is deficient in park land based on accepted planning standards. He explained the Quimby Act, and its limitations, and other financing mechanisms such as The Landscaping and Lighting Act of 1972, a utility user tax and the building develop- ment tax. He outlined the suggested development tax as listed in the staff report and the revenue that would be generated. The increased monthly payment on a four bedroom $100,000 house vrould be $5.69, totaling $683,00 over a ten year period. Staff recommends approval of negative declaration, the Development Tax Ordinance and allocation of proceeds into 1985-86 budget to be used for parks and recreation purposes. Council discussed the development tax and the need for adequate open space and park land for a better living environment for an increasing population. Councilinan Izell spoke of his concern that this money could be used for buy- ing more than just land for parks. Council asked for a clarification on exactly what this money could be used for. City Attorney Flandrick stated that this is a general tax and as such the funds would be placed in the General Fund. Then annually, or when the City Council sees fit, the Council would budget the use of the funds for any legiti- mate municipal purpose. This would include but not lijnited to park and recreation facilities and park development. Councilman Izell stated for the record that the funds could be used to clean bathrooms at the park. He also questioned the figures Staff gave in the report and referred to the figures he had calculated and passed out to Council- members. He suggested that this item be held over so that both sets of figures can be studied. In response to Councilman McNeill's question City Attorney Flandrick said that if this was held over two weeks and approved it could not be retroactive, anyone who was approved for building during that period would avoid the tax. It was moved and seconded to hold over the Development Tax issue for two weeks. M/S: IZELL/GIBSON. PUBLIC HEARING INTRODUCED ON SCHOOL IMPACT FEE REQUEST WITHDRAWN ITEM REMOVED PUBLIC HEARING INTRODUCED ON DEVELOPMENT TAX STAFF REPORT RANGEL COUNCIL DISCUSSION CITY ATTORNEY EXPIAINES TAX FUNDS COUNCIL DISCUSSION MOTION TO HOID OVER TAX ITEM BIB] 37655-U01 1985-U02 02-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9490-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 02 06 CC MIN;¢f4ÄGREGULAR MEETING OF TIIE CITY COUNCIL OF THE CITY OF BALDWIN PARK FEBRUARY 6, 1985 PAGE THREE ROLL CALL VOTE: ROLL CALL VOTE AYES COUNCIMEN NOES COUNCIMEN" ABSENT: COUNCIMEN" GIBSCN, IZELL KING, fcNEILL AND MAYOR WHI1E NONE NOT APPROVED Council discussed the possibility of finding a different time that the money for the Developnent Tax could be collected, instead of a tune of permits, so that interest on harrowed money could be kept down for the developers. Also discussed was the need to provide for the future and the difficulty any future Councitmenters would have in using these funds for any other purpose. It was moved and seconded to approve Ordinance No, 889, First Reading) AN ORDINANCE OF THE CITY COUNCIL CF THE CITY OF BALDWIN PARK AMENDING TITLE 3 OF THE BAII5WIN PARK MUNICIPAL CODE RELATING TO REVENUE AND FINANCE. M/S: KING/McNEILL. ROLL CALL VOTE: COUNCIL DISCUSSION ORDINANCE NO. 889 FIRST READING) APPROVED ROLL CALL VOTE AYES COUNCIIMEN KING, McNEILL AND MAYOR WHITE NOES COUNCIU^I GIBSON, IZELL ABSENT: COUNCIMEN NONE APPROVED ZV-517, An Appeal of the Planning Ccnnission's decision to deny a request for a zone variance to allow a second freestanding sign which has more than the permitted back- ground sign face area, on property located at 13001 Francisquito Avenue. Initiated by: Atlantic Richfield Ccrnpany", was continued to March 6, 1985. 2-453, A request for a change of zone from OS, Open Space, to I, Industrial, on property located at 4150 Puente Avenue. Applicant: Fritz Ehlers", continued to February 20, 1985. 00- It was moved and seconded to remove Written Ccannunications from the City Council Agenda. M/S/C: GIBSON/IZELL. There were no objections. ZV-517 AND Z-453 CONTINUED WRITTEN COMMUNICATIONS REMOVED FROM AGENDA I I 00- REPORTS OF OFFICERS, C(M4ISSICNERS OR CCMCTTEES Director of Housing and Economic Developnent Hemer gave an update on the issues concerning the sale of City and Agency cwned property. Staff is reccrmendtng that Council re- institute the exclusive negotiation period with Jim Notting- ham for the properties located at 4719 Center Street for a 45 day period; and direct Staff to readvertise the sale, by bid, of the property located at 4733 Center Street with a miniinum bid requirea-nent of $44,500. Councilman King reccmnended that the City have three bids for the property rather than an exclusive to an individual. He felt the City should try to get their moneys worth and not negotiate from a position of weakness. City Attorney Flandrick responded that one bid is all that is required for condemnation, unless there is a wide variety. The only time two bids are used is if there is a substantial difference in owner's price. For sale of surplus property a single appraisal is sufficient. SURPLUS CITY PROPERTY STAFF REPORT COUNCIL DISCUSSION CITY ATTORNEY BIB] 37655-U01 1985-U02 02-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9490-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 02 06 CC MIN;¢f4ÄGREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FEBRUARY 6, PAGE FOUR 1985 In response to Councilman Izell's suggestion that the low bid on 4733 Center be formally rejected. City Attorney Flandrick stated that at the time of acceptance he believes that bid was rejected. If there is any question about it then it should be done again. It was moved and seconded to reject the $34,000 bid on 4733 Center Street. M/S/C: IZELL/KING. There were no objections. Councilman Izell expressed his concern about not accepting bids on 4733 Center Street for less than $44,500. He felt that Mr, Nottingham is willing to pay more than the property is worth and no one else will bid on it. In response to Councilman King's inquiry Director of Housing and Economic Development Hemer stated that Mr. Nottingham was aware of and understands the proposed changes by the Planning Ccmru.ssion that would significantly reduce the number of units for this property. It was moved and seconded that the Staff reccmnendation as stated by Mr. Homer be approved. M/S/C: KING/McNEILL. There were no objections. Director of Housing and Economic Development Hemer explained that the Mortgage Bond Allocation Committee requires an annual application by cities and counties which wish to participate in the program. It is likely to be 10-12 months before this City would receive an allocation. It was moved and seconded to approve Resolution No. 85-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR AN ALLOCATION UNDER THE MORTGAGE BOND TAX SUBSIDY ACT OF 1980 TO IE STATE OF CALIFORNIA MORTGAGE BOND ALLOCATION COMMITTEE". M/S/C: M^NEILL/GIBSON. There were no objections. Director of Housing and Economic Development Hemer explained that the resolution before Council designates study areas as Survey Areas". The survey areas can be amended during the planning process. Staff reconmends approval. It was moved and seconded to approve Resolution No. 85-11, A RESOUTTION OF THE CITY COUNCIL OF BAU3WIN PARK DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES". M/S/C: McNEILL/KING. There were no objections. Director of Canrnunity Services Stnith explained that there has been concern expressed that further development will occur in the designated study areas. Such development or new construc- tion might be inconsistent with the findings of the study. Council is being asked to consider the imposition of a morator- ium on certain development or new construction activity within the areas, He further explained the types of development the moratorium effects and the development that would be exempt. The iToratorium would be for 45 days and may be extended for a period of 10 months 15 days. One subsequent extension of one year is also allowed. Staff recorrmends approval. Mayor White stated that public input would be allowed regarding the proposed Redevelopment Survey Area Moratorium and invited those wishing to speak to come forward. MOTION TO REJECT BID COUNCIL DISCUSSION MOTION TO APPROVE STAFF RECOMMENDATION MORTGAGE REVENUE BONDS APPLICATION RESOLUTION NO. 85-10 APPROVED REDEVELOPMENT SURVEY AREA RESOLUTION NO. 85-11 APPROVED REDEVELOPMENT SURVEY AREA M3RATORIUM STAFF REPORT PUBLIC INPUT BIB] 37655-U01 1985-U02 02-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9490-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 02 06 CC MIN;¢f4ÄGREGULAR MEETING CF TIE CITY COUNCIL OF THE CITY CF BA1TWIN PARK FEBRUARY 6, 1985 PAGE FIVE Those speaking in opposition to the moratorium and requesting to be exempt were: John Gerard, 20533 Rancho La Florenta, Covina regarding property at Bess and Syracuse. Michael Schwarts, 9249 Reseda Blvd., Northridge, representing Mr. Gonzales and Mr. Gordon regarding property on Garvey Ave. Walt Hannah, 841 S. Hollenbeck, West Covina regarding not being notified about moratorium. Sheldon Gallison, 5855 Naples Plaza, Long Beach regarding property at 14313 Garvey Patrick Chew, Lee and Chew Associates, representing Mr. Lew regarding property on Garvey Ave. Chris Warren, 636 2nd Avenue, Covina regarding property on Garvey Avenue to be developed by Warren Companies. SPEAKING IN OPPOSITION JOIN GERARD MICHAEL SCHWARTZ WALT HANNAH SHELDON GALLISON PATRICK CHEW CHRIS WARREN Bill Scores, exemption. 300 E. Coast Hwy., Newport Beach, requested an BILL SCORES In response to Mayor White's questions City Attorney Flandrick stated that the Council has considerable discretion for properties or uses they wish to exempt. Council could broaden or exclude certain properties if it was felt a moratorium did not properly apply. Council could grant exeTpfcions this evening. If not prepared for that, the ordinance is only in effect for 45 days. At that time schedule a public hearing to consider an extension and also exempt other uses, properties and etc. City Attorney Flandrick also explained that Council can give Staff directions to meet with people to determine the merits of a request for exemption. Council can amend this ordinance by granting further exonptions, excluding property and relocation permits validated and permit to continue. Director of Community Services Smith stated that if the ordinance was adopted he would meet with anyone interested in being considered for exonption. It will be difficult to evaluate at this time without the study completed. He wuld like to see seme-thing submitted in writing with information regarding location, ownership and proposed project. Council discussed their concern that there not be a time delay for the people wishing exemptions and that Council remain informed regarding this. Also discussed was their desire to see this area improvement, because of the extreme need. It was moved and seconded to adopt Ordinance No. 890, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IMPOSING A MORATORIUM ON CERTAIN PORTIONS OF PROPERTY WITH- IN THE CITY URGENCY MEASURE) with the amendment that City Council wishes Staff to review each and every application for exanption from the moratorium and bring back to Council by February 20, 1985. At that time Council will make the determination if they wish to amend the Ordinance to allow these exonptions. M/S/C: GIBSON/KING. There were no objections. CITY ATTORNEY COUNCIL DISCUSSION ORDINANCE NO. 890 WITH AMENDMENT APPROVED BIB] 37655-U01 1985-U02 02-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9490-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 02 06 CC MIN;¢f4ÄGREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FEBRUARY 6, 1985 PAGE SIX Director of Camnunity Services Smith presented the Staff report concerning the 50 acre industrial development, proposed by Cal Mat, along Ramona Boulevard between 1-605 and Francisquito. Staff is recarmending that the City Council direct staff to convey Baldwin Park's concerns regarding this project to Irwindale and Cal Mat representatives. Further, that staff be directed to closely monitor this project and represent the City's position in Irwindale hearings regarding the Tentative Map and Environmental processing of Baldwin Park's interests and concerns are not fully resolved prior to such hearing. It was moved and seconded to approve the Staff recomnendation as presented. M/S/C: IZELL/GIBSON. There were no objections. CAI MAT CONROCK) DEVELOPMENT STAFF REPORT STAFF RECOMMENDATION APPROVED 00- Mayor White declared Oral Conmunicaticns Open and invited those wishing to speak to ccne forward. ORAL COMMUNICATIONS OPEN There were none. Mayor White declared Oral Cconunications closed. ORAL COMMUNICATIONS CLOSED 00- It was moved and seconded to adjourn to a Closed Session at 8:51 p.m. M/S/C: KING/toSEILL. There were no objections. Council reconvened at 9:13 p.m. Roll Call ren^ained the same, 00- It was moved and seconded to adjourn the Regular meeting of the City Council at 9:14 p.m. M/S/C: KING/IZELL. There were no objections. CLOSED SESSION AT 8:51 P.M. RECONVENED 9:13 P.M. MEETING ADJOURNED AT 9:14 P.M. /i a^ l LINDA L. GAIR,-^CITY CLERK BIB] 37655-U01 1985-U02 02-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9490-U03 C4-U03 MINUTES1-U03 2/3/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06