HomeMy WebLinkAbout1987 11 24 CC MIN1987 11 24 CC MIN ;¢f4 Ã N ADJOURNED REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK,
CITY HALL, 14403 EAST PACIFIC AVENUE,
TUESDAY, NOVEMBER 24, 1987 AT 7:30 P.M.
The City Council of the City of Baldwin
Park met in an an adjourned regular
session in the Council Chambers at 7:30
p.m.
ROLL CALL:
PRESENT
ALSO PRESENT:
COUNCILMAN GIBSON, IZELL,
J. MCNEILL, WHITE AND MAYOR KING
City Manager Webb
Acting City Attorney Burke,
Dir. of Housing and Economic
Development Hemer, and
City Clerk Gair
00-
ROLL CALL
City Clerk Gair presented the Consent Calendar:
CONSENT
CALENDAR
and Adopt
1, Waive Further Reading
ORDINANCE NO. 975
Second Reading)
APPROVING A CHANGE OF
ZONE FROM R-3 TO C-2
ON APPROXIMATELY 3.12
ACRES APPLICANT: CITY
OF BALDWIN PARK;
LOCATION: 4125 THRU
4203 BOGART AVENUE,
14446 THRU 14455 1/4
PALMROSE STREET AND
14443 THRU 14461 INA
STREET)
It was moved and seconded to approve the Consent Calendar
as presented. M/S/C: WHITE/GIBSON. There were no
objections.
REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
CONSENT
CALENDAR
APPROVED
Director of Housing and Economic Development Hemer
informed the City Council of a pending dispute
regarding the payment of School Impact Fees for the
Park Shadows Condominium Project. The developer,
De Vere Anderson, believes that the School Impact
Fee constitutes a governmental permit which is the
financial obligation of the Agency. The City was
not aware of the potential impact of this fee when
they negotiated with the school district regarding
the administration of the fee. He explained the
negotiations relating to deferral of fees and
the projects for which deferrals were granted.
Neither the developer or the Agency agree to bear the
responsibility for the fees of approximately $113/000.
It is therefore recommended that staff be directed to
approach the school district in hopes that the district
will grant a waiver of the fees in this particular
instance.
De Vere Anderson, 15760 Ventura, Suite 727, Encino,
spoke regarding the good relationship that has
existed between the City and himself. He stated
that he felt that if there is a fee it would be the
responsibility of the Agency and that he is not
convinced that the school district has the proper
authority in imposing the developers fees.
SCHOOL
DEVELOP-
MENT
FEES
PARK
SHADOWS
DEVELOP-
MENT
STAFF
REPORT
HEMER
DE VERE
ANDERSON
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1987 11 24 CC MIN ;¢f4 Ã N ADJOURNED REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK
NOVEMBER 24, 1987
PAGE TWO
Mr. Anderson also stated that the agreement that
was negotiated years ago was because of his
concern about the imposition of new fees or
additional fees on the development and that is
the reason for the paragraph that is in the
agreement.
City Attorney Burke stated that what staff is
asking tonight is that direction be given to
merely approach the school distrist to see if
the fee can be eliminated at that level.
In response to Mr. Andersen's question. Director
of Housing and Economic Development Hemer stated
that the Staff recommendation is that the City
Council express its public intent to pursue with
the school district, in good faith, the waiver of
this fee and further to acknowledge that Mr.
Anderson has a contestable item. That he has a range
of options including, under the development agreement,
a specific request for arbitration and the process is
described in the development agreement.
He also recommended that the City Council on behalf
of the Agency, who is not present tonight, request
Mr. Anderson to make, in good faith, his final pay-
ment with respect to the development agreement with
the Agency.
Mr. Anderson suggested that his firm is willing to
make full payment of the amount owed for land
acquisition less the $113,000 for the school fees,
and will hold that amount back until conclusion of
the negotiations.
In response to Mayor King, Mr. Hemer stated that
he thought that would be an acceptable arrangement
if some parameters with respect to time are put on
it within six to eight months). That the Agency,
who is not present tonight, accept the money less
the amount involved and negotiate with Mr. Anderson
regarding a time frame in which this will either be
resolved or be in arbitration or court.
City Attorney Burke explained that this was an
agreement between the Agency and Mr. Anderson. The
Agency is not in session at this time and there is
no action that can be taken.
Director of Housing and Economic Development Hemer
asked the City Attorney if he the City Attorney)
was suggesting that the Agency Staff, that is present
tonight, should not accept a check from Mr. Anderson
with regard to some portion of his requirement. Or
should Staff accept that check subject to future
negotiations and future presentations to the Agency,
when they are in session.
CITY
ATTORNEY
STAFF
RECOM-
MENDATIO
HEMER
ANDERSON
HEMER
CITY
ATTORNEY
HEMER
City Attorney Burke responded that he
that the Agency Staff can accept that
that no release or acknowledgement of
all issues is involved.
was suggesting
check, provided
satisfaction of
CITY
ATTORNEY
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1987 11 24 CC MIN ;¢f4 Ã N ADJOURNED REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK
NOVEMBER 24, 1987
PAGE THREE
f
It was moved and seconded that the Staff be
directed to contact School District representatives
regarding a waiver of fees for the Park Shadows
project. M/S/C: WHITE/IZELL. There were no
objections.
00-
Mayor King declared Oral Communications open and
invited those wishing to speak on any subject to
come forward,
There were none.
Mayor King declared Oral Communications closed.
00-
It was moved and seconded to adjourn the adjourned
regular meeting at 7:42 p.m. to Monday, November 30,
1987, in Room 307 of City Hall at 8:00 a.m. M/S/C:
WHITE/MCNEILL. There were no objections.
s^
r^L.
STAFF
DIRECTION
REGARDING
WAIVER
APPROVED
ORAL COMM
NICATIONS
OPEN
NONE
CLOSED
MEETING
ADJOURNED
7:42 P.M.
LINDA L. GATR, CITY CLERK
I
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