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HomeMy WebLinkAbout1986 05 07 CC MIN1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, MAY 7, 1986 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 Izell. City Manager Webb led the Flag Salute. INVOCATION FLAG SALUTE ROLL CALL PRESENT: ALSO PRESENT: COUNCILMEN IZELL, KING MCNEILL AND MAYOR WHITE City Manager Webb, Acting City Attorney Feeley, Dir. of Admin. Serv. Yelton, Dir. of Comm. Serv. Smith, Dir. of Housing & Economic Development Hemer, Chief of Police Snowden, City Planner Rangel, City Treasurer Montenegro, and City Clerk Gair 00- ROLL CALL Councilman Gibson's absence was excused. ABSENCE EXCUSED 00- Mayor White explained that three new police officers would be sworn in at this time and asked Chief of Police Snowden to introduce them. Chief Snowden asked Officers Kory Toma, Ed Repucci and Raymond Sanchez to come forward and he read a brief biography of each of the officers telling of their education and acheivements. City Clerk Gair administered the Oath of Office to the officers. Councilmembers welcomed the officers to the City and expressed their appreciation for the hard work that they had committed themselves to by choosing to be police officers. They also stated the expectations that the Council has for them and wished them success. Mayor White read a proclamation declaring May 4-10 as Hire A Veteran Week" and presented it to Manuel Alameida of the El Monte office for veteran's employ- ment. Mr. Alameida thanked the Council on behalf of the California veterans and encouraged veterans out of work to contact his office. OATH OF OFFICE ADMINIS- TERED TO POLICE OFFICERS PROCLAMA- TIONS HIRE A VETERAN" Mayor White read a proclamation for Traffic Safety Week" and presented it to Chief Snowden. 00- City Clerk Gair presented the Consent Calendar: 1. Approve Minutes of April 16,1986 TRAFFIC SAFETY WEEK" CONSENT CALENDAR BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL MAY 7, 198 OF THE CITY OF BALDWIN PARK PAGE TWO 2. Waive Further Reading and Adopt RESOLUTION NO. 86-22 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 3. Waive Further Reading and Adopt ORDINANCE NO. 925 AMENDING SECTION 10.52.020 Second Reading) OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO OBSTRUCTION OF STREETS BY TRAINS 4. Waive Further Reading and Adopt ORDINANCE NO. 925 APPROVING A CHANGE OF ZONE Second Reading) FOR CERTAIN PORTIONS OF THE AREA KNOWN AS SUBAREAS 2 AND 3 OF THE SIERRA VISTA PROJECT AREA CASE NO. Z-457; CITY INITIATED) 5. Waive Further Reading and Adopt ORDINANCE NO. 927 AMENDING THE BALDWIN PARK Second Reading) ZONING REGULATIONS RELATING TO THE C-M ZONE CASE NO. AZC-102) 6. Deny Claim Against the City Emerio Sanchez 7. Waive Further Reading and Adopt RESOLUTION NO. 86-23 AUTHORIZING THE FILING OF AN APPLICATION WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, FOR A GRANT UNDER THE TERMS OF PUBLIC LAW 89-136, AS AMENDED 8. Approve Contract Repairs to City-owned Property/ 14546 Jeremie Street 9. Authorize Proposals from Lending Institutions for Purchase of Properties Morgan Park Expansion 10. Approve USDA Summer Food Program 11. Approve Final Tract Map No. 44115 12. Approve General Services Agreement with Los Angeles County 13. Waive Formal Bidding Procedures Repair of Stamped Concrete, Stairs, Landings and Tile Improvements It was moved and seconded to approve the Consent Calendar as presented. M/S/C: KING/ I2ELL. There were no objections. 00- Mayor White stated that this was the time and place set for the public hearing to consider general plan and zoning changes to the area known as subarea 1A of the Sierra Vista Redevelopment project area. Tonight's meeting will consider amendments to the Land Use Element and Circulation Element of the General Plan, zone changes to bring zoning into confonnance with the proposed General Plan amend- ments, and zoning code text amendments to provide CONSENT CALENDAR APPROVED PUBLIC HEARING INTRODUCED AGP-72, Z-458 AND AZC-103 BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE THREE for the development of freeway oriented commerce uses along the San Bernardino Freeway corridor. Mayor White declared the Public Hearing open and asked PUBLIC City Planner Rangel to give the staff report prior to HEARING asking those persons who wish to speak to come forward. OPEN City Planner Rangel read the following statement prior OPENING to the staff report: STATEMENT CITY This hearing is to consider proposed zoning, zon- PLANNER ing text and general plan changes. A final hearing RANGEL environmental impact report. A final hearing sche- duled for June 18, 1986 will consider the adoption of a redevelopment plan. While the intent of tonight's meeting is to consider certification of the envi- ronmental impact report and general plan and zoning changes, the audience may have some questions asso- ciated with the redevelopment program. Although the June 18 meeting will be the more appropriate time to ask questions about the proposed redevelop- ment plan, in order to avoid confusion and to clear up some misinformation which may be circulating, the following information is provided at this time regarding the redevelopment process. The State of California authorizes cities to enact their redevelopment agencies and establish redevelop- ment project areas. The purpose of the redevelop- ment plan proposed for this area is to improve physi- cal and economic conditions and help solve some of the circulation and traffic related problems currently existing within this area. In the process of redeveloping areas within the Sierra Vista Project, it may be necessary, in some instances, for the redevelopment agency to acquire private prop- erty. It has been the City's policy to attempt to acquire such property in open negotiations with the owner, failing that, the redevelopment agency may be forced to exercise its right of eminent domain in acquiring property. Should this be necessary. State Law requires that a person whose property is acquired by the agency be paid a fair market value and be given relocation costs. The use of eminent domain would be a last resort effort if private negotiations failed. The proposed Sierra Vista Redevelopment Plan includes a large area and is a thirty-year plan. Understandably, the entire redevelopment area will not redevelop within the first five or ten years. Some areas may see activi- ties in the early years while others may never be affect- ed at all". City Planner Rangel explained that Council is requested STAFF to consider 1) amendments to the Land Use Element and REPORT, Circulation Elements of the General Plan; 2) zone AGP-72, changes to bring zoning into conformance with the pro- Z-458 AND posed General Plan amendments; 3) zoning code text AZC-103 amendments intended to provide for development of free- way oriented commercial uses along the San Bernardino Freeway corridor. On February 6, 1985 Council adopted a moratorium and rede- velopment survey area for property along the San Bernardino Freeway and a noncontigious portion, part of which is the subject of the General Plan amendments and zone changes being proposed at this time. The purpose of the morator- ium was to limit construction which would have been inconsistent with future plans and land uses within the redevelopment survey area. BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE FOUR A consultant was retained to review the survey areas and assess the issues which have and are continuing to lead to the physical and economic deterioration of these areas. The consultant conducted marketing, circulation and land use studies for the entire project area. He further explained that the Planning Commission approved the Preliminary Plan and selected the redevelopment project area boundaries on October 23, 1985. The proposed Land Use and Circulation Plan of the Preliminary Plan recommended various changes throughout the survey area. These changes are necessary to improve circulation within areas with inadequate or inappropriate street access and to allow properties to develop to their potential highest and best use. In order to accomplish these objectives, General Plan, Zoning Code and Zoning Changes have been initiated. These changes will also bring zoning, the General Plan and the proposed redevelopment plan into conformance. The City intends to lift the moratorium once these changes are adopted by the City Council and become effective. He further explained the areas that are proposed to be rezoned as FC freeway commercial), the current zoning in those areas, and the improvement in accessibility by a proposed street and the realignment of a freeway ramp. The standards proposed are intended to improve future development within the FC zone if and when it occurs, He stated that an Environmental Impact Report EIR) was certified by the Council on April 28, 1986. The final EIR addresses potential environmental impacts associated with the proposed changes listed in the staff report as well as potential impacts associated with the proposed redevelopment plan and other related changes. On March 11, 1986, the Planning Commission held a public hearing to consider the proposed changes. The Commis- sion voted unanimously to recommend approval of AGP-72, Z-458 and AZC-103 and to certify the EIR. The City has been working since February 1985 to develop plans to improve the circulation, land use and economic problems previously mentioned within the Sierra Vista Redevelopment Project Area. Adoption of the proposed General Plan Amendments, Zone Changes and zoning text changes which are the subject of this report brings us closer to achieving the objective. While there are no assurances that changes will occur rapidly or at all, it is important to all involved that we jointly move in that positive direction rather than to allow conditions to remain which lead in the direction of continued deterioration of large segments of our community. Staff and the Planning Commission recommends that the STAFF City Council 1) approve zone change case Z-458; 2) RECOMMEN- approve amendment to the zoning code AZC-103; and 3) DATION indicate that the Council intends to amend the General Plan AGP-72) consistent with the zoning actions but that final action will be deferred intil June, after Council has had other hearings. At the request of Mayor White, Director of Housing and ADVANTAGE Economic Development Hemer described the physical and OF CRA BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE FIVE economic improvements that are made in a designated area by redevelopment through 1) rehabilitation loans for single family areas; 2) acquisition of property at fair market value and relocation of residents or businesses tenants. He explained that there is time to work with individuals who remain with rehabilita- tion assistance or those whose property is acquired and are relocated with agency assistance. The pro- ject is designed to be carried out and conducted under State law/ City Council, and Redevelopment Agency guidelines. He also explained that the major objective of the City is to enhance revenues for use in providing general public services. Financially, for the prop- erty owners the objectives mandated under State law and City Council policy are fair market value for property and physical relocation and assistance for anyone relocated due to the redevelopment project. He also stated that revenues are made available and come from within the redevelopment project its self. They result from increased valuation of property due to reconstruction and rehabilitation of commercial areas. Base revenue from the redevelopment project is distributed to the County, the City and the School District. Property taxes generated from addi- tional enhanced evaluation are the source of revenue for the redevelopment activity. In response to Councilman King's request, Mr. Hemer stated that the CRA staff has identified a priority area where it is indicated that the redevelopment will most likely occur. These areas constitute 20% or less of the overall project area. Substantial portions of the area will remain in their existing use and primary activities would be improvements in public services streets, curbs, gutter, side- walks and etc.). This would not be a massive action and the activity of the Redevelopment Agency would be in the form of assistance rather than acquisition. In response to Mayor White's question City Clerk Gair stated that there were no written communications regarding Subarea 1A. Mayor White stated that all persons wishing to speak to this matter will now have the opportunity to do so. Henry Zahner, Administrator, Agnes Guest Home, 3019 Big Dalton, for Dr. Joseph Rastrollo, Owner. He stated that this property is currently zoned CM and the proposed zoning is FC and it is adjacent to property zoned R3. He felt there would be an ad- vantage to the owner and the City to also zone this property R3 so that a bigger and better residential- care facility can be built. Simeon Scovel, 3516 Mangum, stated that he would like to build on five lots which is outside of the redevelopment area and he requested that this area be changed to R3 zoning so that condos or apartments can be built. He also requested speed bumps instead of the barricade on Mangum* PROJECT AREA NO WRITTEN COMMUNI- CATIONS PUBLIC INVITED TO SPEAK HENRY ZAHNER SIMEON SCOVEL BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE SIX Ron Mancini, 14113 Garvey, asked how the zoning will effect his property valuation and wholesale swimming supply business and will he be able to stay and will his property value be higher or lower. His property can be used for many things as it is presently zoned, but when it is rezoned it can only be used for one or two uses. He also asked if in the interim, of the project being developed, is there any problem with him staying in business and if he can transfer ownership during this time. Mayor White explained that the object of this project is to make the property values higher. If the agency does not make the values higher then there is no money for the improvements and that is where the money comes from. When the area builds up and improves everything will be more valuable. The agency will not lower property values in order to purchase property. If it comes to be that any properties are purchased an approved appraiser, subject to court processes, will appraise the property at fair market value. In the event that land is taken the agency has the obligation to relocate owners and pay for that or make them part- ners in the project or allow them to stay in the exist- ing location. He also explained that the action to- night would not effect any transfer of ownership. Ron Skales, 1712 & 1714 Big Dalton, stated that it seemed unfair to include this area in the project be- cause condominiums and apartments have just been built there. If the zoning goes through he felt that the property can't be sold, improved or rebuilt as used. Director of Housing Hemer explained that constructed property can become a non-conforming use because of the zoning changes. The Planning Commission had addressed this issue by proposing that an abatement period of 35 years be imposed upon property caught in this situation. Apartment buildings that found itself rezoned for commercial use would have a 35 year period before any change in its use would be required. The feeling of the Planning Commission, Council and Staff is, that amount of time allows the economic use of the property to be achieved and also allows financing and refinancing of such prop- erty in the mean time. Mayor White stated that this does change the long term use of the land and what the agency is doing is planning for 30-40 years and nothing will change overnight. If this becomes an area to be improved to commercial, first, the City would have to negotiate to buy an apartment and if it had to have the apartment, declare eminent domain and relocate tenants and give fair market value. All those kinds of things must be considered and people are not likely to be removed and their property is more likely to be of more value at the end of the process. If there is a 35 year clause, most properties can be put to that use for that period of time if it is not abandoned. Carol Saldana, 14136 Corak, stated that her property is zoned R3 and is mostly residential. She wanted to know what she could do to sell if the zoning is changed to FC, or any other zoning, since two lots are too small. RON MANCINI MAYOR'S RESPONSE RON SKALES STAFF'S RESPONSE MAYOR'S RESPONSE CAROL SALDANA BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE SEVEN Mayor White explained that this is the reason for MAYOR'S the study, because of the small pieces of land RESPONSE that cannot be used to its potential. Owners can not build on them and they are stuck with the property. If the property is rezoned maybe another user will want to buy all that land and the owners will realize the increased value. Or the area might stay as is or it might go to another larger property. Linda Skales, 1712 & 1714 Big Dalton, asked if under LINDA the guidelines of the redevelopment, will the owners SKALES have the option as to whether or not to take part in the project. She also stated that she would like to formally object to the project. Mayor White stated that the laws are complicated when an area is set aside and the area is put under con- trol of the Agency, which is the City Council, and the Council controls that area for the time that it is set aside. The control that the property owners have is through the input that they give now, because they have no real vote, but do have a lot of rights under the law. However, if the property is deemed necessary by this body, after a public hearing and notifying owners, and giving them rights of input and this property is needed in a larger project then the Agency will have to seize that property and pay fair market value and relocate owners. Councilman King mentioned the possibility of owner COUNCIL participation in the development and Director of RESPONSE Housing Hemer commented that their are rules govern- ing owner participation for the Sierra Vista project and a document has been prepared, under State law, which establishes rules governing participation by existing owners. This is a priorty with the Agency and they will be encouraging and working with the existing owners to enhance their property by improv- ing and expanding. This does not happen 100% of the time, particularly with larger assemblages of 10 to 20 acres of property. Where an individual owner may have the desire, but not the finances to carry out a project, there is no guarantee they will be selective because there is a priorty system. The Agency can work with existing owners and it saves a lot of money. The basic redevelopment policy is to encourage and work with owners who know the area, have convidence in the area, and are willing to invest their money. Art Luna, 12849 Ledford Street, stated that at the March ART LUNA llth meeting of the Planning Commission the chairman stated plainly that City officials do not flaunt your property" and the City Council keeps telling that under the CRA plan that if you need our property" you will take it. He felt that somebody made a wrong statement because the Council is buying a certain amount of land for the investment being made under redevelopment. Mayor White stated that the Council's business is to develop a community the way a City should be developed and to that end Council has to occasionally buy property but they are not in the business in buying property, The City needs to have a balance community that will produce its own revenue and that may require having to acquire some property. He further explained that if the City could bring a major new business to the City the money guaranteed from that kind of business will probably give the Council the opportunity to repeal BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE EIGHT the utility tax. And supposed an owner in the center of this proposed project said, no he would not sell, then the property might have to be taken by eminent domain for the long range good of the entire City, that's what the law allows. Dean Cook, Cook Tractors, 14550 Garvey Avenue, stated that they were a franchise ford tractor dealer for 38 years and have been located in the City for 30 years. He pointed out that Cook Tractors falls into the FC zoning and this zoning does not give an accurate description of a tractor dealer and this could be mis- construde that new vehicles may not be tractors. He requested that a tractor dealer be described in the zoning changes while this is in the planning stages. He also expressed his concern regarding the freeway onramp that is to be constructed and this causing Cook Tractors to be dislocated for a time while the City is developing its fund to purchase that property and to work through Caltrans. 10-12 years). He stated that this was a terrible burden and restricted the business by not allowing them to develop to a higher better use. He also requested that Cook Trailer and the City work together to begin a program to designate another piece of property in another area in the City that looks feasible for Cook Tractor to move to. Director of Housing Hemer explained that the onramp is not a certainty and that they cannot say what or when it will occur. He asked that Cook Trailer have some forbearance with the City because the City has worked in a positive fashion with them for 30 years and will continue to do so. Mayor White added that if their property becomes an ideal location to build an onramp and the City has to have their property that Cook Trailers will not find the City hostile, because the last thing the City would want to do is hurt Cook Trailers. City Planner Rangel also commented that even if the City had the money to do the ramp today there is a process to go through with Caltrans that will take about 5 years. He further stated that the GC and FC zoning that is proposed on this property will have a provision for new and used vehicles. If that were misunderstood someday there are provisions which will allow a person to appeal a decision. Councilman Izell and Mayor White stated that Mr. Cook just wants the code to state that a tractor is a vehicle and make sure thats understood in the future. Tony Baca, 14736 dark Street, stated that he felt the Council already had their minds made up and the peoples hands are tied behind their backs. He felt that alot of people are concerned about redevelopment affecting them and that their houses can be taken tomorrow. He suggested that the community be left as it is and that the Council work with what we already have here. He did not want to see industry brought into the City because there is other ways to build taxes and other ways to get revenue. He did not want to see buildings built by the CRA and have them set empty like they are doing in the City of Industry. He said that no matter how people come forward to present their feelings the Council will make decisions behind closed doors and do what they want to do. DEAN COOK STAFF COMMENTS TONY BACA BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂI REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE NINE Mayor White stated that the Council has not made one misrepresentation and there is nothing that the Council knows that they have not told. Charles Wild, 14237 Garvey Avenue, asked if property owners got a 30 year grandfather clause if no one wants to develop their property and if the zoning is changed and someone becomes a non- conforming use, as long as there not developed will City put them out if it is to improve blight. He explained that the property owners in his area have been stymied for so long because of the City that is how the area became blighted and no one is doing anything. He described the problems he has had in trying to develop his property and asked for an explanation on permit fees. Estella Sundquist, 3215 Big Dalton Avenue, wanted to know what was going to be done by her house. She did not want to see so much commercial go in to that area and she felt that some of the things that the City was planning would not bring positive re- sults in the City. She explained that her family had no where else to go, could not afford to move, and they want to keep their home. Mayor White explained that this plan was for the long range development of the City. The City has not moved anyone out yet and if it comes to that under the project the City would have the obliga- tion to move owners into the City. Kenneth Farrel, no address given/ wanted to know if the zone change does take place and it takes years to occur, how easy will it be to sell his property and will anyone be interested in buying it. Mayor White stated that each property is different and that he does not have an answer for those quesitons, Ramona Hall, 3204 Big Dalton, asked about the four acre minimum and wanted to know if someone is short the four acres by a little bit would there be any leadway on that minimum or what kind of consideration would be made. She also asked if someone were sandwiched in between a four acre or two acre parcel and someone else needs the property does that fit into any schedule. Mayor White explained that the laws are not that rigit and 10% can be allowed by the Zoning Admini- strator on a need basis. The objective is to up- grade and improve those areas. The four acre minimum is a consultant recommendation so that there are not a lot of tiny little lots on the freeway. He also explained that the reason that the Agency has taken this project is so that they can control the development of the project and this will allow some leadway so that there will not be any sandwiched" islands. CHARLES WILD ESTELLA SUNDQUIST KENNETH FARREL RAMONA HALL BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂI REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE TEN Frank Ramirez/ 4924 Wimmer Avenue, asked about the commercial zoning that is proposed on two sides of Sierra Vista High School, DeAnza and Foster Elementary Schools. He asked for information regarding the EIR and what the impact on the schools would be. He asked if the Council is getting all the information together now from the people and if they would come up with a final outcome at another time. Mayor White and City Planner Rangel explained that the City and School District have had meetings regard- ing this project and the School District will assess the impact of this project and submit a report to the County. They further explained that the EIR assesses a variety of things and the School issues have been addressed in that report. The zoning issue is before the Council tonight and will probably be acted upon. Council will be proceeding in a direction and that direction can be altered and changed any time by the Council. Fanny Piedra, 14468 Bresee Avenue, asked if her house was in the redevelopment area and City Planner ex- plained that she had received notice because property owners in a certain area must receive notice but her house would not be effective. Roy Zook, 4817 La Rica, stated that he had never liked CRA and he was against people being put under the control of the CRA. He wanted to know what the Council would do if every property owner said they did not want to be rezoned. He did agree that the freeway area should not be parcel off lot by lot into small lots. He also asked if the people would be guarantee that they would have no problems with City Hall if they are rezoned. Mayor White responded that if everyone of the 7,000 people of the City were against the rezoning the Council would probably not do it. He explained the purpose of the public hearings and stated that some people like what the Council is trying to do and some do not. Some people want to develop their property along the freeway their own way with small projects and this is not the best use of the land and some do not want to give their homes. Mayor White explained that the reason for a moratorium was so people could not build anything they wanted at randum. The Council is trying to do what is best for the entire City and they are hoping that it turns out right. Henry Zahner, speaking as a realtor, stated that he had just property in a redevelopment area and had a buyer lined up to buy the property. He said that property will not lose its value in a redevelop- ment area and that in his estimation and the next 5 to 10 years the property would be worth 2 to 3 times higher than it is today because of the project. Mayor White declared the Public Hearing closed. Councilman McNeill congratulated Mr. Zook for coming back to the Council meeting after an absence of many years. He also stated that some serious things have been brought out at these meetings and some very good answers have been given and FRANK RAMIREZ FANNY PIEDRA ROY ZOOK HENRY ZAHNER CLOSED BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂI REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE ELEVEN the best answer for the people was stated by the realtor about the property values. He asked the people not to be mislead by some of the things that are being told to them by others. He assured them that property values would increase and this kind of development would make things better in the City so that people would have a better life. This project is for the good of the community and every- thing that is decided is above board. Councilman King stated that he did not like CRA years ago either and then he realized that other cities were using CRA to progress with orderly developments. We were subsidizing other cities developments and not doing our own. He was in favor of the moratorium because it stopped some of the money from other countries from putting things in the City that was not good for our City. He explained the need for orderly developments along the freeway and how this will help the people along the periphery. This project will give people the highest value for their property. None of the decisions being made are in concrete and the Council is trying to do things that will make the City progress has a whole. In response to Councilman Izell's question Director of Housing Hemer stated that tonight the City Council will approve zoning amendments and those amendments will not be acted on in their final form until June 18th. This will be the first reading of an ordinance and no second reading until after the public hearing on the redevelopment plan adoption. Councilman Izell stated that none of the actions taken are valid until the whole area of the CRA is voted on, on the final vote. Even though there is a vote tonight some parts can still be eliminated from the plan and some parts could be eliminated at any time after. It was moved and seconded to approve Ordinance No. 929. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE CLASSI- FICATION FOR CERTAIN REAL PROPERTY. CASE NO.: Z-458, CITY INITIATED". M/S/C: IZELL/KING. There were no objections. It was moved and seconded to approve Ordinance No. 930. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN PARK ZONING REGULATIONS RELATING TO FC ZONE. AZC-103". M/S/C: KING/IZELL. There were no objections. Mayor White introduced AZC-106, A City initiated request to amend the Baldwin Park Municipal Code to require a Conditional Use Permit for multi- tenant buildings or units and swap meets, indoor swap meets, and mini-malls in all commercial or industrial zones, to add definitions relating to swap meets, indoor swap meets, and mini-malls Chapter 5.56) and other restrictions as deemed necessary. Director of Community Services Smith explained that indoor swap meets, sometimes called mini-malls are beginning to spring up throughout the Los Angeles Basin. These indoor swap meets typically occupy AZC-106 INTRO- DUCED BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂI 1986 05 07 CC MIN;¢f4ÂI REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE THIRTEEN City Manager Webb explained that it is requested that the City Council receive the City Manager's report and adopt a Resolution of Intention to award a nonexclusive cable television franchise to United Cable Television of Baldwin Park/ Inc. The Resolu- tion of Intention sets a public hearing at 7 p.m. on June 4, 1986 for discussion of the proposed franchise award. The code requires that the City Manager file a report and recommendation regarding the franchise application. The City Council then adopts a Resolution of Intention which summarizes the type of system the City desires and the terms and con- ditions of the proposed franchise, and sets the date and time for a public hearing at which the City Council will receive public comment and con- sider the proposed award of franchise. It was moved and seconded to approve Resolution No. 86-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION TO AWARD A NONEXCLUSIVE FRANCHISE FOR THE CONSTRUCTION AND OPERATION OF A CABLE TELEVISION SYSTEM TO UNITED CABLE TELEVISION OF BALDWIN PARK, INC.". M/S/C: KING/IZELL. There were no objections. Director of Administrative Services Yelton stated that it has been known for some time that liability insurance for FY 1987 would be even more expensive than the preceding year, and that coverage might be reduced, and that a possibility existed it would simply be unavailable. Recently, information has been received about the coverage the City will be offered by its present insurance carrier next year. Staff followed this up by contacting several cities that have already been given price quotes by this carrier. The conclusion is that the City can expect to be given the opportunity to pay exhorbitant rates for insurance coverage that does not begin to meet its needs. It is apparent that the City will no longer be able to obtain sufficient coverage at a cost it can afford from any commercial carrier. There remain several options that do offer some hope. The first of these is that more and more cities are joining to form insurance pools". A second option that seems to offer some potential for the City is the possibility of becoming self-insured. It is recommended that the Council: 1) adopt a resolution indicating its conditional intent to join the Independent Cities Risk Management Authority; and 2) authorize staff to proceed with the preparation of materials needed for the establishment of a joint powers authority. It was moved and seconded to approve Resolution No. 86-26, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXPRESSING ITS INTENTION TO JOIN THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY LIABILITY POOLING PROGRAM". M/S/C: KING/IZELL. There were no objections. Director of Community Services Smith explained that at a recent City Council meeting, a question arose re- garding enforcement of regulations related to the subject topic. The code which contains these types of regulations is Title 11, Health and Safety, of the CABLE TELEVISION RESOLUITON OF INTEN- TION RESOLUTION NO. 86-25 APPROVED LIABILITY INSURANCE DISCUSSED RESOLUTION NO. 86-26 APPROVED OCCUPANCY LIMITS FOR RESIDENT- IAL PROPER TIES BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE FOURTEEN Los Angeles County Code. These regulations have been adopted as the public health code of the City under Section 8.04.010 of the Baldwin Park Municipal Code. Enforcement of the regulations is handled by the County through their staff. There is nothing to prevent the City from adopting a different set of standards to regulate occupancy, but enforcement is extremely difficult. He outlined the procedures necessary to make inspections and recommended that no change be made in the current manner in which allegations of residential over- crowding are handled. Director of Community Services Smith explained that the report requests the City Council's authorization to amend the agreement to the ex- tension of Little John Street and utility improve- ments. At this time it is recommended that Council approve the terms of the letter of agree- ments. It was moved and seconded to accept the terms of the letter of agreement with Psomas and Associates. M/S/C; KING/IZELL. There were no objections. Director of Community Services Smith stated that Council is requested to adopt Resolutions approv- ing the Engineer's Report for FY 1986-1987 declar- ing its intention to provide for the annual levy and collection of assessment in connection with the Maintenance District and setting a time and place for a public hearing thereon. No increase in assessment is proposed despite the fact that a deficit has accumulated. The General Fund will subsidize the District with a loan. Staff recommends that the City Council: 1) adopt the Resolution approving the Engineer's Report" for certain landscaping and lighting maintenance in a Maintenance District within the City of Baldwin Park. 2) Adopt the Resolution declaring the City Council's 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. It was moved and seconded to approve Resolution No. 86-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE ENGINEER'S REPORT" FOR CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN A MAINTENANCE DISTRICT WITHIN THE CITY OF BALDWIN PARK". M/S/C: KING/IZELL. There were no objections. It was moved and seconded to approve Resolution No. 86-29, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK 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". M/S/C: KING/IZELL There were no objections. DISCUSSED LITTLE JOHN STREET AND UTILITY IMPROVE- MENTS PSOMAS AND ASSOCIATES LETTER OF AGREEMENT ACCEPTED LIGHTING AND LAND- SCAPING DISTRICT ENGINEER'S REPORT DISCUSSED RESOLUTION NO. 86-28 APPROVED RESOLUTION NO. 86-29 APPROVED BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE FIFTEEN Director of Housing Hemer explained that based upon the Health and Safety Code requirements, Gunn Russell Copenhaver and Co./ Inc., recommends the adoption of a resolution consenting to a Joint Public Hearing with the Baldwin Park Redevelopment Agency to be held on June 18, 1986 for the purpose of taking testimony of the Sierra Vista Redevelopment Plan. It was moved and seconded to approve Resolution No. 86-30, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CONSENTING TO A JOINT PUBLIC HEARING IN RESPECT TO SIERRA VISTA REDEVELOPMENT PROJECT". M/S/C: KING/IZELL. There were no objections. 00- SIERRA VISTA REDEVELOP- MENT PROJECT RESOLUTION NO. 86-30 APPROVED ORAL COMMUNICATIONS Mayor White declared Oral Communications open and invited those wishing to speak to come forward. Dinah Martinez, 4324 Walnut #16, asked that the City get involved in Hands Across America" in the Mt. SAC special lineup. Charles Wild, 14237 Garvey Avenue, spoke about the conditions that exist with the public telephones being vandalized, Art Luna, 12849 Ledford Street, talked about how the signal light at the intersection of Baldwin Park Boulevard and Dalewood turns red too fast? the poor drainage after it has rained near Nichols Lumber Yard; and 7-Eleven on Bess looking like a dump. Albert Sanders, 4421 Stewart/ spoke regarding his concerns about the Sierra Vista Redevelopment Project and critizied about the decisions made by by the City Council. Tina Ramirez, Wimmer, asked what can be done about the old Market Basket building. Gail Johnson, 14433 Ina, commented that Mr. Lee wasted his time and ours in the Redevelopment area. The City should get a developer who needs a grant. Mr. Casas, Rexwood, spoke about the damages being done to his house by Mr, Keiser for the past 7-8 years and asked police to look at the damages, ORAL COMMUNI- CATIONS OPEN DINAH MARTINEZ MR. VAN CLEAVE ART LUNA ALBERT SANDERS TINA RAMIREZ GAIL JOHNSON MR. CASAS Bess Jenkins, resident, stated that the south side of Baldwin Park was not receiving the newspaper and was concerned that news of Baldwin Park was not getting in the newspaper. Mayor White declared Oral Communications closed. 00- BESS JENKINS CLOSED BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 05 07 CC MIN;¢f4ÂIREGULAR MEETING OF THE CITY COUNCIL MAY 7, 1986 OF THE CITY OF BALDWIN PARK PAGE SIXTEEN It was moved and seconded to adjourn the Regular MEETING Meeting of the City Council at 11:20 p.m. M/S/C: ADJOURNED KING/WHITE. There were no objections. 11:20 P.M LINDA L. AIR, CITY CLERK i I BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MAY 7, 1986 PAGE TWELVE large vacant buildings, such as old bowling alleys or markets. Areas sometimes as small as 50 square feet are leased to vendors with the individual vendor spaces divided by low partitions or tables. The merchandise which is sold is typically new and is similar to that found in outdoor swap meets. He explained further that because indoor swap meets are new and somewhat unique uses and neither out- door nor indoor swap meets are specifically covered by the Zoning Code regulations, a zoning code amend- ment is necessary to establish a proper zoning category for these uses. An indoor swap meet or mini-mall lessens the impact of noise and litter on the adjoining properties by having the use indoors. An indoor swap meet or mini-mall would generate a larger demand for parking than a typical commercial use. Because of the need for additional parking required for the use and the potential impacts this use could have on adjacent properties. Staff is recommending indoor swap meets or mini-malls be allowed with a conditional use permit, in the C-M Commercial Manufacturing) zone. Mayor White declared the Public Hearing on AZC-106 open 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 Ordinance No. 931. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE CITY'S ZONING REGULA- TIONS RELATING TO DEPARTMENT STORES AND SWAP MEETS". M/S/C: KING/MCNEILL. There were no objections. It was moved and seconded to approve Ordinance No. 932. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE CITY'S ZONING REGULA- TIONS RELATING TO DEPARTMENT STORES AND SWAP MEETS". M/S/C: IZELL/MCNEILL. There were no objections, It was moved and seconded to approve Ordinance No. 933. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING TO TEMPORARY USE PERMITS". M/S/C: KING/IZELL, There were no objections. 00- PUBLIC HEARING OPEN CLOSED ORDINANCE NO. 931 URGENCY APPROVED ORDINANCE NO. 932 APPROVED FIRST READING) ORDINANCE NO. 933 APPROVED FIRST READING) REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES It was moved and seconded that Councilman Gibson be nominated for the position of Mayor Pro Tern. M/S/C: KING/IZELL. There were no objections. Council discussed their positions on certain municipal committees and organizations and agreed that they could keep all their present assignments with the exception of those that are required to go to the Mayor pro tern. It was moved and seconded to approve Resolution No. 86-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 85-78 DESIGNATING THE CITY'S REPRESENTATIVES AND ALTERNATES TO CERTAIN MUNICIPAL COMMITTEES AND ORGANIZATIONS. M/S/C: MCNEILL/KING. There were no objections. MAYOR PRO TEM NOMINATED RESOLUTION NO. 86-24 APPROVED BIB] 37651-U01 1986-U02 05-U02 07-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9402-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06