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HomeMy WebLinkAbout1985 11 06 CC MIN1985 11 06 CC MIN;¢f4²REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, NOVEMBER 6, 1985 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. The Invocation was given by Councilman Gibson. Councilman King led the Flag Salute. INVOCATION FLAG SALUTE ROLL CALL PRESENT: COUNCILMEN GIBSON, IZELL, KING, MCNEILL AND MAYOR WHITE City Manager Webb, ALSO PRESENT: City Attorney Flandrick, Acting Dir. of Admin. Serv. Cole, Dir. of Comm. Serv. Smith, Dir. of Housing & Economic Dev, Hemer, Acting Chief of Police Hoskins, Fire Chief McCann, City Planner Rangel, and City Clerk Gair 00- City Treasurer Montenegro's absence was excused. 00- Mayor White requested that letters of congratulations be sent to those elected to office in Tuesday's election for the Baldwin Park and the Mt. Sac School Boards. ROLL CALL ABSENCE EXCUSED LETTERS REQUESTED 00- City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approve Minutes of October 16, 1985 October 24, 1985 2. Waive Further Reading and Adopt RESOLUTION NO. 85-102 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK Waive Further Reading ORDINANCE NO. 912 Second Reading) Waive Further Reading ORDINANCE NO. 913 Second Reading) and Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING TO FRANCHISES FOR CABLE TELEVISION SYSTEMS. and Adopt AN ORDINANCE OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE BIB] 37652-U01 1985-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9419-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 11 06 CC MIN;¢f4²REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 6, 1985 OF THE CITY OF BALDWIN PARK PAGE TWO WITH REFERENCE TO THE SALES AND USE TAX ORDINANCE TO PROVIDE CREDIT FOR PAYMENT OF SALES AND USE TAXES PAID TO THE BALDWIN PARK REDEVELOPMENT 5. Waive Further Reading and Adopt RESOLUTION NO. 85-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING RESOLUTION NO. 77-65 ESTABLISHING A LIABILITY INSURANCE RESERVE FUND 6. Deny Claim Against the City Lynn Martin 7. Deny Claim Against the City Roland & Amanda Mirabel 8. Deny Claim Against the City Jack Sanders 9. Deny Claim Against the City Leiia McCoy and Los Angeles County 10. Deny Claim Against the City Sylvia Puchahes 11. Final Approval Tract Map No. 44113 12. Approve Budget Amendment Neighborhood Improvement Program CIP 222 13. Approve Transfer of Job's Bill Funds to Puente/Merced Project 14. Award Contract Lighting Conversion for Civic Center Building 15. Award Contract Energy Management System for the Civic Center Building It was moved and seconded to approve the Consent CONSENT Calendar as presented. M/S/C; IZELL/GIBSON. CALENDAR There were no objections. 00- Mayor White introduced the Public Hearing on AZC-100, PUBLIC A City initiated request to consider an amendment to HEARING Chapter 17.48 of the Zoning Code of the City of Baldwin AZC-100 Park adding development standards for satellite dishes INTRO- and solar panels". DUCED City Planner Rangel explained that there is a need to STAFF amend the zoning code to include standards for satellite REPORT dishes and solar panels. Solar panels are generally RANGEL mounted on the roof and guidelines for this are outlined in the Staff report. A survey of the requirements of surrounding cities regarding satellite dishes was made to determine how they regulate satellite dishes. Roof mounted dishes were only allowed in commercial and industrial zones with some type of screening. Satellite dishes in the City will be required to be mounted on the ground. BIB] 37652-U01 1985-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9419-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 11 06 CC MIN;¢f4²REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK NOVEMBER 6, 1985 PAGE THREE The variance process can be used if there is not an area on the lot for installation. Council expressed their concern regarding manufacturers making satellite dishes smaller and the need to keep up with the advances in technology with the City's ordinance. Council also asked about the letter submitted requesting that the ordinance allow 27" high tanks for solar systems. Staff explained that 27" would be excessive. Council requested that this ordinance be returned to Staff to further study in regard to the areas discussed by the Council and bring this ordinance back with recommendations. Mayor White reopened the Public Hearing on AZC-100 and continued it to November 20, 1985. Mayor White introduced the Public Hearing on Z-455/ 3714 Grace Avenue, shown as Parcel 8 on Page 9 of Map Book 8552 of the Los Angeles County Assessor's Records. A Paul H. Battaglia/ Inc. request for change of zone from RG/ Residential Garden to RG PD) Residential Garden Planned Development overlay zone for a 13 unit single family zero lot line development". City Planner Rangel explained that the applicants, Paul & Joseph Battaglia, Inc., are requesting approval of a zone change from RG to RG PD) on property located at 3714 Grace Avenue. The proposed project will have a density of 14 units per acre which is less than the permitted density. He further explained the design of the project and the additional refinements Staff is recommending. Mayor White declared the Publbic Hearing open and invited those wishing to speak to come forward. Paul Battaglia, 101 N. Orange, applicant/ stated that he was available to answer any questions the Council might have. Mayor White declared the Public Hearing closed. Councilman King complimented the applicants on the design of the project and this type of use of the parcel being better than having rental units built. It was moved and seconded to approve Ordinance No. 914, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM RG, RESIDENTIAL GARDEN TO RG PD) RESIDENTIAL GARDEN PLANNED DEVELOPMENT OVERLAY ZONE ON APPROXIMATELY 1.1 ACRES APPLICANT: PAUL & JOSEPH BATTAGLIA/ INC., CASE NO.: Z-455; LOCATION: 3714 GRACE AVENUE, BALDWIN PARK, CALIFORNIA)". M/S/C: KING/IZELL. There were no objections. It was moved and seconded to approve Resolution No. 85-104, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A DEVELOPMENT PLAN FOR 13 SINGLE FAMILY RESIDENCES APPLICANTS: PAUL & JOSEPH BATTAGLIA, INC., CASE NO. Z-455, LOCATION: 3714 GRACE AVENUE)", M/S/C: MCNEILL/KING. There were no objections. COUNCIL DISCUSSION PUBLIC HEARING CONTINUED PUBLIC HEARING, Z-455, INTRODUCED STAFF REPORT RANGEL PUBLIC HEARING OPEN PAUL BATTAGLIA PUBLIC HEARING CLOSED COUNCIL COMMENTS ORDINANCE NO. 914 APPROVED FIRST READING) RESOLUTION NO. 85-104 APPROVED BIB] 37652-U01 1985-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9419-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 11 06 CC MIN;¢f4²REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK NOVEMBER 6, 1985 PAGE FOUR Mayor White introduced the Public Hearing on AZC-101, A City initiated request to amend the Zoning Code allowing Fortunetelling with a conditional use permit in the C-2, General Commercial zone Section 17.22.030) and other restrictions as the City Council deems necessary". City Planner Rangel explained that the California Supreme Court has issued an opinion that cities can no longer ban fortunetelling. As a result of this a zoning code amendment is needed to establish a proper zoning category for this use. It is recommended that fortunetelling be a permitted use in the C-2, General Commercial zone and CM, Commercial Manufacturing. Mayor White declared the Public Hearing open on AZC-101 and invited those wishing to speak to come forward. Hank Ramey, 14903 Alvine, spoke regarding the Supreme Court's decisions and their effect on the people. Mayor White declared the Public Hearing closed* In response to Councilman McNeill's question City Attorney Flandrick stated that there will be an ordinance before the Council which will respond to other requirements relating to fortunetelling such as fingerprinting/ bonding and business license fees, It was moved and seconded to approve Ordinance No. 915, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A ZONING CODE AMENDMENT TO SECTIONS 17.04.271 AND 17.22.030.P OF THE ZONING CODE PROVIDING REGULATIONS FOR FORTUNETELLING CASE NO. AZC-101; APPLICANT: CITY OF BALDWIN PARK)". M/S/C: KING/GIBSON. There were no objections. Mayor White introduced the Public Hearing on AGP-71 and Tract Map No. 44115, A Nottingham, Ltd. initiated request to consider an amendment to the Circulation Element of the General Plan of the City of Baldwin Park for the deletion of a future street between Downing Avenue and Nubia Street". City Planner Rangel stated that this request will delete the extension of Downing Avenue thru East Nubia Street and will eliminate the need for the dedication of a knuckle" between the streets. Approval is also requested of Tract Map No. 44115 which consists of eleven lots zoned R-l, Single Family Residential. Mayor White declared the Public Hearing open on AGP-71 and Tract Map No. 44115 and invited those wishing to speak to come forward. There were none. Mayor White declared the Public Hearing closed. It was moved and seconded to approve Resolution No. 85-105, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE GENERAL PLAN DELETING THE CONNECTION OF DOWNING AVENUE AND NUBIA STREET PUBLIC HEARING, AZC-101, INTRODUCED STAFF REPORT PUBLIC HEARING OPEN HANK RAMEY PUBLIC HEARING CLOSED COUNCIL COMMENTS ORDINANCE NO. 915 APPROVED FIRST READING) PUBLIC HEARING, AGP-71 & TRACT MAP NO. 44115, INTRODUCED STAFF REPORT RANGEL PUBLIC HEARING OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 85-105 APPROVED BIB] 37652-U01 1985-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9419-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 11 06 CC MIN;¢f4²REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK NOVEMBER 6, 1985 PAGE FIVE FUTURE STREET 5A CASE NO. AGP-71, NOTTINGHAM, LTD.)". M/S/C: KING/MCNEILL. There were no objections. 00- REPORTS OF OFFICERS, COMMISSIONS OR COMMITTEES Director of Community Services Smith explained that the State Solid Waste Management and Resource Recovery Act of 1972 requires preparation of a County Solid Waste Management Plan and review of the Plan for updating purposes every three years. This plan will identify additional projects that have become known since Council approved a 1984 update, It was moved and seconded to approve Resolution No. 85-106, A RESOLUTION OF THE CITY OF BALDWIN PARK, CALIFORNIA, CONCURRING WITH THE MARCH 1984 UPDATE OF THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT PLAN, NONHAZARDOUS WASTE ELEMENT AND OPPOSING THAT PORTION OF SECTION 3 OF REVISION A ENTITLED NEW LANDFILL CLASS III) LOWER AZUSA ROAD LANDFILL" AND THAT PORTION OF SECTION 4 ENTITLED WASTE-TO-ENERGY FACILITIES SPADRA PROJECT" AND AZUSA PROJECT". M/S/C: KING/GIBSON. There were no objections. Director of Housing & Economic Development Hemer explained that the formation of a Project Area Committee PAC) is necessary for the proposed Sierra Vista Redevelopment Project. Formation of this committee would provide for continuing consultation between the Agency Board and a are property owners regarding a redevelopment project in the area. It was moved and seconded to approve Resolution No. 85-107, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALLING FOR FORMATION OF A PROJECT AREA COMMITTEE FOR THE SIERRA VISTA REDEVELOPMENT PROJECT, AND ADOPTING BYLAWS FOR SAID PROJECT AREA COMMITTEE". M/S/C: KING/IZELL. There were no objections. City Manager Webb explained the records management program that is proposed for the City Clerk's Office. He outlined the services that will be provided by the consultant and the benefits that will be derived from this program. It was moved and seconded to approve an agreement with Norma J. Hislop Associates and approve a budget amendment of $10,000 for the City Clerk's Office. M/S/C: KING/GIBSON. There were no objections, L.A. COUNTY SOLID WASTE MANAGEMENT PROGRAM RESOLUTION NO. 85-106 APPROVED PROJECT AREA COMMITTEE RESOLUTION NO. 85-107 APPROVED RECORDS MANAGEMENT CONSULTANT AGREEMENT BUDGET AMENDMENT APPROVED It was moved and seconded to accept the City Manager's recommendation and authorize an agreement of up to $4,200 to participate in a joint effort with surrounding cities to hire a consultant in opposing the proposed Irwindale Waste-To-Energy Plant. M/S/C: MCNEILL/ IZELL. There were no objections. 00- NEW BUSINESS CONSULTANT AGREEMENT TO OPPOSE WASTE-TO- ENERGY PLANT APPROVED Councilman King stated that when the budget is finalized and determined, that he is committed to reducing the 5% Utility Tax. He wanted to make UTILITY TAX BIB] 37652-U01 1985-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9419-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1985 11 06 CC MIN;¢f4²REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK NOVEMBER 6, 1985 PAGE SIX the point clear that whenever it is possible he wanted the tax eliminated. 00- Mayor White declared Oral Communications open and invited those wishing to speak to come forward. Herschel Keyser, 13645 Rexwood, read a letter to Council regarding the Utility Tax, its implementation and the actions of the Council. He also spoke regard ing the actions being taken to repeal the tax. Hank Ramey, 14903 Alvine, spoke regarding his sister being evicted from apartments owned by the Battaglia Association. He also asked where the Utility Tax would be going. Pat Vandehey, 14209 Clark, requested Council assistance in obtaining a variance for a garage conversion due to her daughters having no where else to live and a grandson with a heart condition. Council discussed this situation and similar garage conversions throughout the City. It was recommended that all actions toward this residence be held in abeyance until such a time that it is shown that other facilities are available and the Council takes action. Mayor White declared Oral Communication closed. 00- It was moved and seconded to adjourn to a Closed Session at 8:25 p.m. to consider litigation against the City. M/S/C: MCNEILL/GIBSON. There were no objections. The regular meeting of the City Council reconvened at 8:38 p.m. Roll Call remained the same. Mayor White stated that in Closed Session Council discussed litigation against the City and gave direction to Staff. 00- ORAL COMMUNI- CATIONS OPEN HERSCHEL KEYSER HANK RAMEY PAT VANDEHEY CLOSED CLOSED SESSION 8:25 P.M. MEETING RECONVENED 8:38 P.M. It was moved and seconded to adjourn the regular meeting of the City Council at 8:39 p.m. M/S/C: IZELL/GIBSON. There were no objections. MEETING ADJOURNED 8:39 P.M. LINDA L. GAIR, CITY CLERK BIB] 37652-U01 1985-U02 11-U02 06-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9391-U03 DO9419-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06