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HomeMy WebLinkAbout1987 09 02 CC MIN1987 09 02 CC MIN;¢f4ÃvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, September 2, 1987 AT 7:00 P.M. The City Council of the City of Baldwin Park met in an adjourned regular session in the Council Chambers at 7:00 p.m. I The Invocation was given by Leoria Richard. The Flag Salute was led by Councilman Gibson. INVOCATION FLAG SALUTE I ROLL CALL PRESENT: COUNCILMAN GIBSON, IZELL, J. MCNEILL, WHITE AND MAYOR KING City Manager Webb, ALSO PRESENT City Attorney Flandrick, Dir. of Admin. Serv. Yelton, Dir. of Community Serv. Smith, Dir. of Housing & Economic Development Hemer, Chief of Police Hoskin, City Planner Rangel, Fire Chief McCann, and City Clerk Gair 00- The absence of City Treasurer Montenegro was excused. 00- Chief of Police Hoskin introduced Police Officer Darryl Kosaka and gave a brief background description of the officer. City Clerk Gair administered the Oath of Office to Officer Kosaka. ROLL CALL ABSENCE EXCUSED OATH OF OFFICE CITY PERSONNEL 00- City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. 2. 3. 4. Approval of Certificate of Posting for September 2, 1987 Approve Minutes of July 21, 1987 Waive Further Reading and Adopt RESOLUTION NO. 87-76 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK Deny Claim Against the City State Farm Macias) 5. Waive Further Reading ORDINANCE NO. 968 Second Reading) and Adopt APPROVING A CHANGE OF ZONE FROM OS OPEN SPACE TO I INDUSTRIAL) ON APPROXIMATELY 2.0 ACRES APPLICANT: LOS ANGELES COUNTY DEVELOPMENT COMMISSION CASE NO. Z-469; LOCATION: ALONG THE 200 BLOCK OF N. PEREZ PLACE BIB] 37652-U01 1987-U02 09-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9452-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 02 CC MIN;¢f4ÃvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 2, 1987 PAGE TWO Waive Further Reading ORDINANCE NO. 969 Second Reading) and Adopt APPROVING A CHANGE OF ZONE FROM R-l SINGLE FAMILY RESIDENTIAL) AND R-3 MULTIPLE FAMILY RESIDENTIAL TO OS OPEN SPACE) ON APPROXIMATELY 3.0 ACRES APPLICANT: MEJIA WHOLESALE NURSERY INC./ CASE NO. Z-467; LOCATION GENERALLY DESCRIBED AS PROPERTIES BENEATH THE CITY OF LOS ANGELES WATER AND POWER RIGHT-OF WAY BETWEEN DALEWOOD AVENUE AND WALNUT CREEK WASH) 7. Waive Further Reading and Adopt RESOLUTION NO. 87-77 APPROVING RENEWAL OF A SECOND YEAR APPLICATION FOR GRANT FUNDS FOR THE CITY GANG VIOLENCE SUPPRESSION UNIT AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS 8. Approve CIP Budget Amendment 9. Award of Contract for the Purchase of Auto Parts Bob's Auto Parts It was moved and seconded to approve the Consent CONSENT Calendar as presented. M/S/C: GIBSON/WHITE. CALENDAR There were no objections. APPROVED 00- PUBLIC HEARINGS City Planner Rangel gave a Staff Report relating to Z-468 & TM 45579, A request for a zone change from R-l Single Family Residential) to R-l PD) Single Family Residential Planned Development), approval of a Development Plan allowing the construction of ten 10) single family homes, and approval of a Tentative Tract Map for an 11 parcel subdivision pursuant to Sections 17.54.040, 17.03.030 and 16.01.070 of the City Code. Applicant: J. Battaglia; Location: 13176 Francisquito Avenue)". He explained that the applicant is requesting approval of a zone change from R-l to R-l PD), approval of a Development Plan and a Tentative Tract Map in order to construct ten single family homes. The site consists of two parcels and is presently vacant. He further explained the size of the lots, the open space area, the private yard areas and the architectural design of the proposed homes. Traffic circulation, parking and access is adequate for this type of development and usage. Staff has some general concerns about some minor site plan refinements which were outlined for the Council. Staff is recommending approval. Mayor King declared the Public Hearing open and invited those wishing to speak on Z-468 & TM 45579 to come forward. PUBLIC HEARING INTRO- DUCED AND STAFF REPORT Z-468 AND TM 45579 PUBLIC HEARING OPEN BIB] 37652-U01 1987-U02 09-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9452-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 02 CC MIN;¢f4ÃvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 1987 PAGE THREE Joseph Battaglia, 101 N. Orange, West Covina, stated that he was the applicant and was available to answer any questions, Mayor King declared the Public Hearing Closed It was moved and seconded to approve Ordinance No. 970, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM R-l SINGLE FAMILY RESIDENTIAL) TO R-l PD) SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT) ON APPROXIMATELY 1.43 ACRES APPLICANT: JOSEPH BATTAGLIA, INC.,; CASE NO. Z-468; LOCATION: 13176 FRANCISQUITO AVENUE)". M/S/C/: WHITE/GIBSON. There were no objections. It was moved and seconded to approve Resolution No. 87-78, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A DEVELOPMENT PLAN APPLICANT: JOSEPH BATTAGLIA, INC.; CASE NO. Z-468 AND TM 45579)". M/S/C: WHITE/GIBSON. There were no objections. Mayor King introduced the Public Hearing on Z-470, ZV-563 & TM-45702, A request for a change of zone from R-l Single Family Residential) to R-l PD) Single Family Residential Planned Development Overlay Zone), approval of a Development Plan for seven 7) unit single family development, a zone variance form Section 17.30.060 of the City Code in order to allow less than the required lot area, and approval of a Tentative Tract Map for an eight 8) lot subdivision pursuant to Section 16.01.070 of the City Code. Applicant: Ming-Nang Chen; Location: 4765 Stewart Avenue)". City Planner Rangel explained that the applicant is requesting approval of a zone change from R-l to R-l PD) approval of a Development Plan and a Tentative Tract Map. The property is irregularly shaped with access to Stewart and Cutler Avenues. The project will contain 7 single family dwellings. He further explained the lot sizes, the net density, the common open space area, the private street, the visitors parking and the architectural design of the homes. Staff is recommending approval of this project Mayor King declared the Public Hearing open on Z-470, ZV-563 & TM-45702 and invited those wishing to speak to come forward. Ming-Nang Chen, 600 W. Main, Alhambra, stated that he was the applicant and was available for any questions. Patrick Ryan, 4725 Bresee, stated that he lived next to the project and was for it. Mayor King declared the Public Hearing closed. It was moved and seconded to approve Ordinance No. 971, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FORM R-l TO R-l PD) ON APPROXIMATELY 96 ACRES APPLICANT: MING-NANG CHEN; CASE NO. Z-470; LOCATION: 4765 STEWART AVENUE)". M/S/C: GIBSON/ MCNEILL. There were no objections. JOSEPH BATTAGLIA CLOSED ORDINANCE NO. 970 APPROVED RESOLUTION NO. 87-78 APPROVED TENTATIVE TM 45579 APPROVED PUBLIC HEARING INTRODUCED Z-470, ZV-563 & TM-45702 STAFF REPORT RANGEL PUBLIC HEARING OPEN MING-NANG CHEN PATRICK RYAN CLOSED ORDINANCE NO. 971 APPROVED BIB] 37652-U01 1987-U02 09-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9452-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 02 CC MIN;¢f4ÃvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 2, 1987 PAGE FOUR It was moved and seconded to approve Resolution No. 87-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK GRANTING A ZONE VARIANCE ALLOWING LESS THAN THE REQUIRED LOT AREA FOR A PLANNED DEVELOPMENT APPLICANT: MING-NANG CHEN; LOCATION: 4765 STEWART AVENUE; CASE NO. ZV-563)". M/S/C: GIBSON/MCNEILL. There were no objections. It was moved and seconded to approve Resolution No, 87-80, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A DEVELOPMENT PLAN ALLOW- ING A SEVEN UNIT SINGLE FAMILY DEVELOPMENT APPLI- CANT: MING-NAG CHEN; CASE NO. Z-470)". M/S/C: GIBSON/ MCNEILL. There were no objections. 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Director of Administrative Services Yelton explained that City Sales Tax is administered and collected by the State Board of Equalization. This tax represents the General Fund's largest revenue source. Because this tax is a significant part of the City's revenue base the City would benefit from having more detailed information about its resources. He further explained the amended laws that authorize the disclosure of sales tax records to private firms that are under contract to a local government and are designated in a resolution of the legislative body to receive such information. He outlined the services that the City would receive by the firm doing the audit of the sales tax and recommended Hinderliter, de Llamas ans Associates for sales tax consulting services. It was moved and seconded to approve a contract with Hinderliter, de Llamas and Associates for sales consulting services and authorize the City Manager to execute the contract document and to approve a budget amendment of $3/900 to cover the fixed costs of the contract and to approve Resolution No. 87-81, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING CERTAIN CITY OFFICIALS AND A CITY CONTRACTOR ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO GOVERNMENT CODE SECTION 7056". M/S/C: IZELL/WHITE. There were no objections. Director of Community Services Smith explained that Lami-Glass, Inc., 14180 Live Oak #1 has appealed the revocation of a Certificate of Occupancy. He also explained the investigation that was done by Code Enforcement since August of 1986 and the numerous violations that have been discovered since that date. Legal action was taken against the company and the company was fined and sentenced to two years summary probation. Due to the continual lack of concern for the safety, health and welfare of the citizens of Baldwin Park the Certificate of Occupancy was revoked by the City. Authorization to revoke a Certificate of Occupancy is contained in various sections of the Uniform Building Code. Staff is recommending that Council deny the appeal and sustain the revocation of the Certificate of Occupancy by the Director of Community Services. RESOLUTION NO. 87-79 APPROVED RESOLUTION NO. 87-80 APPROVED TENTATIVE TM-45702 APPROVED SALES TAX AUDIT & REPORTING STAFF REPORT AUDIT CONTRACT AND BUDGET AMENDMENT AND RESOLUTION NO. 87-81 APPROVED APPEAL OF LAMI- GLASS STAFF REPORT BIB] 37652-U01 1987-U02 09-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9452-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 02 CC MIN;¢f4ÃvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 2, 1987 PAGE FIVE It was moved and seconded that the appeal from the decision of the Director of Community Services revoking the Certificate of Occupancy issued to Lami-Glass Inc./ a corporation/ for the commercial occupancy of the premises located at 14180 Live Oak Avenue/ Certificate No. 151, be, and hereby is denied, and the Director's decision upheld. M/S/C: MCNEILL/WHITE. There were no objections. Director of Community Services stated that an item that was not on the agenda needs to be brought before the City Council. Mayor King stated that the City Attorney has advised the Council that this would Be a Subsequent Need Item" and can be acted upon. Director of Community Services explained that the County Sanitation District had sent a notice to all cities requesting City Council action. This notice arrived on Monday, August 31st and action needs to be taken before September 3rd. There is no oppor- tunity to come before the Council again and list this item on an agenda. It was moved and seconded that the City Council consider the request from the County Sanitation District of Los Angeles County as a Subsequent Need Item" for consideration on the agenda of September 2, 1987. M/S/C: WHITE/MCNEILL. There were no objections. Director of Community Services explained that the request from the County Sanitation District relates to the allocation of funds under the Clean Water Grant Program by the State Water Resources Control Board SWRCB). He also explained the plans for distribution of funds that are proposed. A final decision regarding the funding distribution will be made at the September 3rd meeting. It was moved and seconded to approve Resolution No. 87-82, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF THE STATE WATER RESOURCES CONTROL BOARD STAFF RECOMMENDATION REGARDING CLEAN WATER GRANT PROGRAM PRIORITY LIST". M/S/C: WHITE/MCNEILL. There were no objections. 00- ORAL COMMUNICATIONS APPEAL DENIAL APPROVED STAFF RECOMMEN- DATION SUSEQUENT NEED ITEM STAFF REPORT APPROVAL 0 SUBSEQUENT NEED ITEM TO BE CONSIDERED STAFF REPORT RESOLUTION NO. 87-82 APPROVED Mayor King declared Oral Communications open and invited those wishing to speak on any subject to come forward. Roy Test, 15115 Kenoak, spoke regarding the work being done at All Star Distributing, the paving permits for the work there and the progress of the negotiations at that property. Sandra Cabral, 3420 Baldwin Park Blvd., spoke regarding the 430 signatures that had been collected from citizens that are for the moratorium and offered to serve on any committees that might develop from this moratorium. Terry Hughes, 3000 Vineland Avenue, spoke regarding the possible funds that the sales tax audit might bring, the mechanism that might be used for enforce- ment, and the prospect of spending money for the audit and receiving nothing back. ORAL COMMU NICATIONS OPEN ROY TEST SANDRA CABRAL TERRY HUGHES BIB] 37652-U01 1987-U02 09-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9452-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 02 CC MIN;¢f4ÃvREGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 2, 1987 OF THE CITY OF BALDWIN PARK PAGE SIX Frank Mamone, 3427 Baldwin Park Blvd., spoke regarding the potential parking problems in his area due to the numerous apartments being built and the need for the moratorium. Mayor King declared Oral Communications closed. 00- CLOSED It was moved and seconded to adjourn the regular meeting of the City Council at 7:42 p.m. M/S/C: MEETING ADJOURNED 7:42 P.M. WHITE/MCNEILL. There were no objections. LINDA L. GAIR, CITY CLERK BIB] 37652-U01 1987-U02 09-U02 02-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9452-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06