Loading...
HomeMy WebLinkAbout1987 09 16 CC MIN1987 09 16 CC MIN;¢f4Ãl 1 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL/ 14403 EAST PACIFIC AVENUE, WEDNESDAY, SEPTEMBER 16, 1987 AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in the Morgan Park Activity Building at 7:00 p.m. The Invocation was given by Reverend Jim Lanier. INVOCATION The Flag Salute was led by Pamela Schnabel. FLAG SALUTE ROLL CALL PRESENT; COUNCILMAN GIBSON, IZELL/ ROLL CALL J. MCNEILL, WHITE AND MAYOR KING ALSO PRESENT: City Manager Webb/ City Attorney Flandrick, Dir. of Admin. Services Yelton, Dir. of Comm. Services Smith, Dir. of Housing & Economic Development Hemer, Chief of Police Hoskin, City Planner Rangel, City Treasurer Montenegro, and City Clerk Gair 00- City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for September 16, 1987 2. Approve Minutes of August 5, 1987 PULLED) 3. Waive Further Reading and Adopt RESOLUTION NO. 87-82 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Receive and File Treasurer's Report August 31, 1987 5. Deny Claim Against the City Rosa Nickell Estate) Consuelo Navarro 6. Waive Further Reading and Adopt ORDINANCE NO. 970 APPROVING A CHANGE OF Second Reading) 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) 7. Waive Further Reading and Adopt ORDINANCE NO. 971 APPROVING A CHANGE OF Second Reading) ZONE FROM R-l TO R-l PD) ON APPROXIMATELY 96 ACRES APPLICANT: MING-NANG CHEN; CASE BIB] 37652-U01 1987-U02 09-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9451-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 16 CC MIN;¢f4Ãl REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1987 PAGE TWO Con't) NO. Z-470; LOCATON: 4765 STEWART AVENUE) 8. Ratification of Issuance of Report Pursuant to Section 65858 of the Government Code It was moved and seconded to approve Item No»'s 1 and 3-8 of the Consent Calendar. M/S/C: GIBSON/ IZELL. There were no objections. CONSENT CALENDAR ITEMS NO. AND 3-8 APPROVED 00- Councilman Izell requested that the October 7, 1987 City Council meeting be set aside as Senior Citizens Night" and that refreshments be served at that meet- ing. Council concurred. 00- PUBLIC HEARINGS Mayor King introduced the Public Hearing on the intent of the City Council to consider an extension to Urgency Ordinance No. 967, adopted August 5, 1987, which imposed a limited Moratorium on developments in all RG and R-3 zones allowing all development projects to be built subject to City regulations. City Planner Rangel stated that Urgency Ordinance No. 967, which temporarily prohibited the further development of multiple family residential units, is effective for forty-five days from its adoption on August 5, 1987. He explained how the moratorium allowed 195 units to proceed and be built and stopped the 641 units in the plan check and plan review process. He explained the rapid growth that has been occuring in the City and the reasons for this growth. He also pointed out that numerous residents have complained about the building of two and three story apartments and condominiums in neighborhoods and many residents have asked that these developments be stopped. He stated that tonight's agenda includes the award of contract for professional services to update the City's General Plan. This update is anticipated to take approximately a year. City Planner Rangel also told of the potential impact on the City if the multiple family units had proceeded to be built. He explained the option to build Planned Developments that is available to the developers. These developments have been well received by the community and sell very quickly for the developer. Staff is recommending that the City Council extend the moratorium for ten months and 15 days by approving the ordinance that is before them. Mayor King declared the Public Hearing open on the extension of Urgency Ordinance NO. 967, regarding a limited Moratorium on developments in all RG and R-3 zones and allowing planned development projects to be built. He invited those wishing to speak on this subject to come forward. SENIOR CITIZENS NIGHT" REQUESTED PUBLIC HEARING EXTENSION OF LIMITED MORATORIUM STAFF REPORT RANGEL PUBLIC HEARING OPEN MORATORIUM BIB] 37652-U01 1987-U02 09-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9451-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 16 CC MIN;¢f4Ãl REGULAR MEETING OF" THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1987 PAGE THREE Mayor King stated that those wishing to speak in favor of the moratorium would be allowed to speak first. Those speaking in favor of the the moratorium due to the effect that the continued building would have on schools, police services, water, sewers, loss of privacy in R-l neighborhoods, increased traffic, poor quality of buildings, developers not caring about the community, lack of areas for children to play in, and the increase in crime due to greater density of people and buildings were: Robert Gair, School Board Member, 3714 N. Maine Marcia Arkin, 4347 Stewart John Hybarger, 3703 Mayland Sandra Cabral, 3422 Baldwin Park Boulevard Sandra Heinley, speaking for Mrs. Frank Garcia, 3445 Baldwin Park Boulevard Roy Test, 15115 Kenoak Eulogio Roca, 14637 California Jesse Plata, 3805 Foster Ed Huetinck/ 13059 Amar Frank Ramirez, 4924 Wimmer Irma Brown, Los Angeles Street Leoria Richard, 3336 Millbury Louis Kirk, 3710 Kenmore Maryann Huetinck, 13059 Amar Margaret Burnett, School Board Member, 3783 Millbury Dorothy Soffe, 13013 Amar Carroll Hogue, 3833 Foster Robert Overholser, 3837 Maine Joanne Bommarito, 13147 Shaver Raquel Corrales, 3769 Athol Michael Brockman, 3936 La Rica Mayor King, in response to a request from a resident, asked that those who might not be inclined to come forward and speak or do not wish to repeat the same remarks and are in favor of the moratorium to please stand. Approximately 75% of those present stood to show their support of the moratorium. In response to a question regarding the effect of the extension of the moratorium City Attorney Flandrick explained that the moratorium, if adopted, would be in effect for an additional period of ten months and SPEAKING IN FAVOR GAIR ARKIN HYBARGER CABRAL HEINLEY/ GARCIA TEST ROCA PLATA HUETINCK RAMIREZ BROWN RICHARD KIRK HUETINCK BURNETT SOFFE HOGUE OVERHOLSER BOMMARITO CORRALES BROCKMAN MAYOR REQUESTS PROPONETS TO STAND CITY ATTORNEY BIB] 37652-U01 1987-U02 09-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9451-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 16 CC MIN;¢f4Ãl REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1987 PAGE FOUR fifteen days. Within which the studies will be made/ a consultant is proposed for employment this evening to commence that study process, hopefully to report back to Council with recommendations for possible changes in the General Plan, possible changes in the zoning regulations to try to alleviate the problem in whatever manner may be appropriate. City Planner explained that the study that will be conducted by the consultant is a lengthy process and will probably take the entire time that is planned for the moratorium, Mayor King stated that approxiamtely 800 signatures had been submitted to the City Council in support of the moratorium. CITY PLANNER SIGNATURES SUBMITTED Mayor King asked if there were any others speak in favor of the moratorium. No one forward and he stated that those speaking moratorium could now come forward. wishing to came against the SPEAKING IN OPPOSITION Merrill Francis, 940 E. Main Street, Alhambra, stated that he was not here to speak for or against the moratorium. He represents the owners of the property at 3947-3949 La Rica. He requested that the Council take the opportunity to read the three page document, that was submitted to the City Council tonight, at this time as'part of his five minute presentation. Mayor King requested that Mr. Francis summarize the document rather than the Council taking the time to read it now. Mr* Francis stated that there are three points made on the document before Council and this is a request for a motion that the moratorium does not apply to the property at 3947- 3949 La Rica. He is here essentially because of a name change on the County records. He presented three reasons why this rule should not apply to this particular property. The first has to do with the area of compatibilty with this particular project The property is in a mainly commercial area and he des- cribed the surrounding area. This kind of area will not logically have good single family houses on it. This property is logical for continued commercial development. The second point he made had to do with good faith, progress and expenses and that related to the name change. The project was approved, the building permit for demolition, the public works permit for curbs and gutters was approved, the street trees/ the tree plant- ing, the plan check was done, the fire department and engineering approvals were completed in July of 1987, the preliminary parcel map was approved and then there was a change in ownership and the final parcel map was delayed for a few weeks. That is what caught this project into the moratorium, the quirk of the name change. The owners have proceeded in good faith in this matter. They have spent $23,800 in reliance upon the preliminary and final public reports, in addition to the purchase of the property. He suggested from the standpoint of good faith, progress on everybody's part, and the expenses spent, as well as the compatibility with the area that it makes sense for the moratorium to not apply to this particular property. The third point was the legal precedences that there are MERRILL FRANCIS KING FRANCIS BIB] 37652-U01 1987-U02 09-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9451-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 16 CC MIN;¢f4Ãl REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 16, 1987 OF THE CITY OF BALDWIN PARK PAGE FIVE to support this, such as equity in fair dealing, where these kinds of improvements have been made, and this kind of reliance has been placed/ and the related concept of vested rights. He concluded by asking for a motion that the property MOTION at 3947-3949 La Rica be excluded from the moratorium. FOR He also stated that the owner of the property was EXCLUSION present in case there were other questions. REQUESTED Mayor King stated that at the end of the meeting that KING Mr. Rangel and/or City Attorney Flandrick would determine the relevance of Mr. Francis' request. Jim Marquez/ 1334 Park Avenue, Manhattan Beach, JIM planning consultant, representing his client Mr. Mon MARQUEZ Wei Lin, who purchased property on two sites, 3819-25 Foster Avenue, RG zone, and 3933-41 Bresee in an R-3 zone. Both properties have gone through planning approval. They have received a tentative map, approval for a condominium and all of the requirements and conditions of staff have been complied with and submitted for building permits. The other site is a 22 unit apartment building contig- uous with another apartment building and commercial development and is surrounded in an area principally by multiple family uses. Plans and conditions for a lot consolidation have been applied for and conditions complied with, and the submittals to the Planning Depart- ment has placed this property in the position of having the process begun for building permits and almost com- pleted, but the moratorium has hit. He questioned Council about a person being put in a position of almost receiving approval, after spending thousands of dollars to meet the rules of code, but does not have approval, and the Council's respect for the people of the community who are in single family developed areas and those areas have a zoning of R-3 and there's a potential impact that could be created,. but in this case there is someone on the other end of town who's in a position of having to wait. What consideration is going to be given at the end of the General Plan and possible code revision standards for this client to be able to receive the consideration for continuing and receiving building permits at the end of the moratorium? He further stated that they have looked at the City and want to know the concerns of the people. He recalled how the City looked about 16 years ago and how it has trans- formed into a rather nice place. He stated that he had reviewed the General Plan and the Housing Element. The policies of the General Plan are promoting developers to come and development multi-residential areas. The Housing Element says that the City needs apartment buildings. The land use situation is a concern because the R-l deve- loped lots are not just developed with one house. There are many houses on the R-l parcels, because of their size. Some of the smaller R-3 and RG lots, those that are less than 100 feet in width/ or only 150 feet in depth, are narrow and the developers only recourse is to build a tall three story type narrow building on that type of property. Another concern that is seen, and he concurred with the Council, is the significant number of absentee in the BIB] 37652-U01 1987-U02 09-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9451-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 16 CC MIN;¢f4Ãl REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1987 PAGE SIX City. Over 39% of the lots in the City are held by persons that reside out of the community. The City should consider allowing the developers to proceed as the Planning Department has allowed them with the standards, because the quality of develop- ment, for the most part, the new development, is good, The areas that are developed with multi-family uses is not out of character. The areas where the lower density prevail is a problem and will always be. Ken Fisk, 1344 Francisquito, stated that he had over 200 signatures to submit and would like that recorded in the minutes. The signatures are against the moratorium. He stated that he had seen this City come further in the last ten or twelve years than anytime in the forty years he has been here, A lot of people don't like progress and he does see how in some areas people don't want condominiums and apartments, but there are areas that are predomi- nately condominiums, townhouses and apartments. He didn't see any reasons for people in those areas to be shut down. He explained that his property is completely sur- rounded by townhouses and most of the people living in those places are young professionals. These people living in these townhouses are not second rate people as some of those speaking have implied. This moratorium has devalued his property and he is getting shot out the window by getting only $250/000 for his property. He explained that he had planned to use this money for his retirement but because of the moratorium this has happened and he is very unhappy about it. Mayor King declared the Public Hearing closed. In response to questions stated earlier City Planner Rangel stated he would address two issues and that the Attorney Flandrick should address vested rights. He said that regarding the issue of if an area is already predominately multiple family that it should be allowed to remain. That type of study has not been done and the information that he has in con- flict with the information that Mr. Marquez has. The General Plan update will allow the City to resolve that issue. Land use pattern is only one aspect of this issue. It also effects the City's ability to provide services, specifically things like police protection, park services and water. There is a question of where the money would come from to provide those services. The General Plan can determine that and look at what is our holding capacity as a City/ and how we provide those services to protect all the people in the community. The issue brought up about the good faith effort relates to what Mr. Marquez brought up about what consideration will be given to those that are in the process, after the General Plan process is complete. In the State of California the development of property is a privilege not a right. The cities have the ability to regulate land use and there's no inherent right that a City has to give the right to a developer to build on a property whatever it is that is wanted to be built at any particular time. KEN FISK 200 SIGNATURES AGAINST MORATORIUM CLOSED CITY PLANNER RANGEL BIB] 37652-U01 1987-U02 09-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9451-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 16 CC MIN;¢f4Ãl REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1987 PAGE SEVEN The Council has allowed 195 units to go under the wire and they will be built. They've been issued building permits. And it was staff's recommendation that it be stopped at that. This will give the time needed to do an adequate analysis of what the impacts will be on this community. Another issue was made that the Housing Element states that apartments are needed in the City. Our Housing Element, adopted in 1984, identified a provision for 591 housing units with most of those to be owner occu- pied. Since January of 1985 there have been 794 units already built and that does not include those there is no information on that have been issued permits since January of this year. So the City has already received its allocation. City Attorney Flandrick stated that Mr. Marquez and Mr. Francis have raised the question as to whether or not certain specific properties should be excluded from the operation of the moratorium. That is a matter that the Council is free to act on if Council feels that someone has made a good case for the proposition that the proposed buildings in question, on these lots that they own* Council can exclude them from the oper- ation of the moratorium. It is a matter that is addressed to the Council's sound discretion, based upon a review of the Staff Report and of the evidence presented tonight. There is no reason to say that Council must observe the requests made, that is a matter of Council's discretion. He further stated that staff was very careful when the Staff Report and the Moratorium Ordinance was first presented to try and be as fair as is possible, given the fact of the number of people that have invested sub- stantial sums in prospective development. He paraphrased a series of exemptions which are in the Moratorium Ordinance and explained to Council that they are free to accept further exemptions. Both of the requests made to Council tonight are similar in the respect that they are stating that the areas in which they are located are not impacted areas where you will find multiple family residential sprouting up in what appears to be R-l zones* That argument can be evaluated and if Council feels that it is appropriate it can be exempted, But Council is not compelled to exempt it. Council discussed the extension of the moratorium and in general felt that the General Plan when previously adopted was adopted when the City was stagnant and since then the growth has been faster than anticipated. Council understood the plight of the developer, but felt Council must represent the will of the people, which was shown by the submittal of approximately 800 signatures. They expressed their concern that the community was being over taxed by so many multiple family developments, about absentee landlords/ and the City's inability to provide needed services, and that the moratorium was really long overdue. They agreed that the recommendation of staff and the request of the community should be supported and the Moratorium Ordinance should be extended. It was moved and seconded to approve Ordinance No. 972, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IMPOSING A MORATORIUM ON CERTAIN REAL PROPERTY WITH IN THE CITY URGENCY MEASURE)". ROLL CALL VOTE: AYES: J. MCNEILL, WHITE, GIBSON, I2ELL, MAYOR KING CITY ATTORNEY FLANDRICK VESTED RIGHTS COUNCIL DISCUSSION ORDINANCE NO. 972 ROLL CALL VOTE BIB] 37652-U01 1987-U02 09-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9451-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 16 CC MIN;¢f4Ãl REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1987 PAGE EIGHT NOES: NONE ABSENT:NONE ORDINANCE NO. 972 APPROVED 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Director of Community Services Smith gave a report regarding the fuel tank leakage that had been dis- covered in a regular fuel storage tank at the City Maintenance Yard. He explained the State regulations that are required when leakage of a tank is found. He also explained the process that had been done and was now completed in removal of the storage tank. He stated that the tank was removed last week and supplemental testing was made of the soil under the tank. Soil samples were taken and the laboratory work was done. There was no detectable contamina- tion in the soil. Dirt was imported and the hole has been filled as of today. Additional costs will be between $15,000 to $20,000 and a change order will be brought back at the next Council meeting. The Status Report on Fuel Tank Testing and Monitoring Program was received and filed by the City Council. City Planner Rangel explained that the last major General Plan update was in 1979. That plan made significant land use changes that have resulted in the rezoning of properties from single family residential to multiple family residential. An urgent need has been created for a new General Plan update due to the recent increase in apartment construction• A complete update of the General Plan is a major undertaking and involves a significant amount of man hours and professional expertise. A private planning consulting firm is recommended to complete this task due to time limitations of staff. He further explained the request for proposal RFP) that was sent to seven firms and the key issues that were identified in the RFP. Three reputable consult- ing firms responded and he outlined the services that were proposed by these firms and the cost for those services. All work is proposed to be completed in one year. Staff is recommending that the firm of Cotton/Beland/Associates be approved for the General Plan update. It was moved and seconded to approve a professional services contract with Cotton/Beland/Associates to prepare a General Plan update and related environ- mental impact report and that the necesary budget adjustment be approved to allocate additional funds from the General Fund for this project. 00- STATUS REPORT FUEL TANK TESTING RECEIVED AND FILED GENERAL PLAN UPDAT STAFF CONTRACT F GENERAL PL UPDATE AND BUDGET AMENDMENT APPROVED BIB] 37652-U01 1987-U02 09-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9451-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1987 09 16 CC MIN;¢f4Ãl REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1987 PAGE NINE ORAL COMMUNICATIONS Mayor King declared Oral Communications open and invited those wishing to speak on any subject to come forward. Eulogio Roca, 14637 California, spoke regarding his street as a non-dedicated street and the limited police service that is received by residents on California Street, the abandoned cars, Code Enforce- ment warnings given, taxes and utility tax that is paid by the residents of the street and not receiving information regarding a dedicated and a non-dedicated street at City Hall. Ruth Pickard, 14607 California, spoke regarding junk cars on her street, trash in these cars and in yards, kids out in the streets until midnight drinking and taking drugs and the lack of police reponse when residents call. Jeanette Roca, 13647 California, spoke regarding Code Enforcement giving violation notices on cars and those cars still parked five days later. Frank Ramirez, 4924 Wimmer, spoke regarding the police services that are and are not given on California Street, and a possible gate at the entrance of the street. Maryann Huetinck, 13059 Amar Road, thanked the Council for the beautification of the City. Raul Reyes, 3160 Athol Street, spoke against the swimming pool at Morgan Park being closed and there being no place to swim and picnic when that pool is closed. Robert Overholser, 3837 Maine, asked that the pool be kept at Morgan Park and if Council would honor a petition for that to be a ballot measure. Justina Ramirez, 4924 Wimmer, spoke regarding the City using both of the high school swimming pools since one does not seem large enough. Roy Test, 15115 Kenoak, inquired about the paving permit for All Star Automotive. Jesse Plato, 3805 Foster, spoke regarding the pools being smaller at the high schools than at Morgan Park and the cooperation that is needed by the Baldwin Park Roadrunners from the City for lights at their practice field. Mayor King declared Oral Communications Closed. 00- It was moved and seconded to adjourn the regular meeting of the City Council at 9:24 p.m. M/S/C: GIBSON/IZELL. There were no objections. ORAL COMMU NICATIONS OPEN EULOGIO ROCA RUTH PICKARD JEANETTE ROCA FRANK RAMIREZ MARYANN HUETINCK RAUL REYES ROBERT OVERHOLSER JUSTINA RAMIREZ ROY TEST JESSE PLATO CLOSED MEETING ADJOURNED 9:24 P.M. 17INDA L. GAj^, CITY CLERK BIB] 37652-U01 1987-U02 09-U02 16-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9441-U03 DO9451-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06