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HomeMy WebLinkAbout1988 10 05 CC MIN1988 10 05 CC MIN;¢f4ÁBREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, TUESDAY, OCTOBER 5, 1988, 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. ROLL CALL: PRESENT: ALSO PRESENT: COUNCILMEMBERS GIBSON, I2ELL, LOWES, AND MAYOR PRO TEM MCNEILL 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 ROLL CALL 00- The absence of Mayor King was excused. ABSENCE EXCUSED 00- ORAL COMMUNICATIONS Mayor pro tern McNeill declared Oral Communications open and invited those wishing to speak on any subject to come forward. Robert Overholser, 3837 Maine Avenue, spoke regard- ing the problems relating to his neighbors at 3838 Maine and presented a petition signed by many resi- dents in the area against the persons at that address. He requested police assistance in alleviating the problems of parked vehicles, loud music, foul language, and the drive-by shootings. Mayor pro tern McNeill declared Oral Communications closed 00- ORAL COMMU NICATIONS OPEN ROBERT OVERHOLSER CLOSED City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for October 5, 1988 2. Approve Minutes of September 13, 1988, September 14, 1988 and September 21, 1988 3. Waive Further Reading and Adopt RESOLUTION NO. 88-87 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading and Adopt RESOLUTION NO. 88-88 DENYING A CONDITIONAL USE PERMIT FOR A DAYCARE AND EDUCATIONAL CENTER FOR PROFOUNDLY RETARDED ADULTS IN CONJUNCTION BIB] 37651-U01 1988-U02 10-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9362-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 10 05 CC MIN;¢f4ÁBREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OCTOBER 5, 1988 PAGE TWO CON'T) WITH A CHURCH APPLICANT: LESTER SPOELSTRA; CASE NO. CP-475) 5. Deny Claims Against the City Triny Lopez Bernabe Juarez 6. Budget Amendment Treasuer's Office 7. Waive Further Reading and Adopt RESOLUTION NO. 88-89 APPROVING THE APPLICATION FOR ENVIRONMENTAL ANALYSIS, ARCHITECTURAL DESIGN AND PRELIMENARY ENGINEERING DESIGN FUNDS AUTHORIZED UNDER STATE TRANSIT CAPITAL IMPROVEMENT PROGRAM INTERMODAL FACILITIES 8. Waive Further Reading and Adopt RESOLUTION NO. 88-90 PLEDGING ADHERENCE TO THE STANDARDS ADOPTED BY THE COMMISSION ON PEACE OFFICERS STANDARDS AND TRAINING It was moved and seconded to approve the Consent Calendar as presented. M/S/C: GIBSON/IZELL. There were no objections. 00- CONSENT CALENDAR APPROVED PUBLIC HEARINGS Mayor pro tern McNeill introduced the Public Hearing on Z-482, A request for approval of a Zone Change from Rl PD), Single Family Residential Planned Development Overlay Zone to Rl, Single Family Resi- dential pursuant to Chapter 17.54 and Section 17.08 of the City Code respectively". City Planner Rangel explained that this property at 13006 13008 Amar and 738-760 Frazier was down zoned from R3 to Rl to Rl PD) in 1987. This area is within the original boundaries of the Sierra Vista Redevelop- ment Project Area. Residents had expressed concern about changing the zoning to Office Industrial and the general consenus was that they wanted to maintain a residential classification. No consenus was reached as to whether it should be R3 or Rl. He further explained the condition of the properties in the area and the conditions that exist which make a Planned Development difficult. The removal of the Planned Development Overlay would not increase the allowable density and a change of zone would allow owners of the properties to have the same rights as other Rl property owners in the area. Mayor pro tern McNeill declared the Public Hearing open on Z-482 and invited those wishing to speak on this subject to come forward. PUBLIC HEARING Z-482 STAFF REPORT PUBLIC HEARING Z-482 OPEN BIB] 37651-U01 1988-U02 10-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9362-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 10 05 CC MIN;¢f4ÁBREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OCTOBER 5, 1988 PAGE THREE Residents speaking in favor of the zone change were: Ed Huetinck, 13059 Amar Road HUETINCK Bess Jenkins, 13056 Amar Road JENKINS Mayor pro tern McNeill declared the Public Hearing CLOSED closed. It was moved and seconded to approve the Negative Declaration of Environmental Impact on Z-482. M/S/C: NEG. DECLA RATION APPROVED ORDINANCE NO. 998 APPROVED FIRST READING) LOWES/IZELL. There were no objections. It was moved and seconded to approve Ordinance No. 998, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE FROM Rl PD) SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT OVERLAY ZONE TO Rl, SINGLE FAMILY RESIDENTIAL ON 5.75 ACRES APPLICANT: RICHARD & PAMELA NOTTINGHAM AND THE CITY OF BALDWIN PARK; CASE NO. Z-482; LOCATION: 13006 THRU 13088 E. AMAR ROAD AND 738 AND 760 FRAZIER)". M/S/C:LOWES/IZELL. There were no objections. Mayor pro tern McNeill declared the Public Hearing CLOSED closed. Mayor pro tern McNeill introduced the Public Hearing on, A request for a Specific Plan for a mixed use commercial development, a Conditional Use Permit for a 100 room motel pursuant to Section 17.21.030J of the City Code, and a Zone Variance from Section 17.21.040C la) of the City Code to allow less than the minimum site size for the proposed project in the Freeway/Commercial zone". PUBLIC HEARING SP-88-1, CP-484 AND ZV-577 INTRODUCED City Planner Rangel explained that this request STAFF for a Specific Plan, Conditional Use Permit and REPORT Zone Variance is for construction of a 100 room Travelodge motel on vacant land at Francisquito and Dalewood. He also explained the purpose of the Specific Plan and the conditions of the Conditional Use Permit. The Planning Commission has recommended 5-0 that this application be approved. Staff feels that the proposed development is consistent with the goals and policies of the City. In response to Councilman Izell's question regarding interlocking brick pavers. City Planner Rangel stated that they are successful and are a better buy. Councilman Izell suggested that a $3,000 bond be required from developers to insure that all conditions are met. DISCUSSION Mayor pro tern McNeill declared the Public Hearing open PUBLIC on SP-88-1, CP-484 and ZV-577 and invited those wishing HEARING to speak on this subject to come forward. OPEN Bill Lawrence, President of William C. Lawrence Company, BILL Inc., representative of Travelodge, introduced himself LAWRENCE to the Council. In response to Councilman Izell's request for a $3,000 bond, Mr. Lawrence stated that he did not see that as an insurmountable problem. Gene Cordova, Franchise Service, Travelodge, stated that GENE this project had been worked on for four years and it CORDOVA is a quality project. BIB] 37651-U01 1988-U02 10-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9362-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 10 05 CC MIN;¢f4ÁBREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OCTOBER 5, 1988 PAGE FOUR Frank Ramirez, 4924 Wimmer, spoke regarding the school district being notified about the motel being close to a school. Eli Roca, 14326 California, spoke for someone else who thought their property was located where the Travelodge was to be built. It was explained that no homes were effected by the Travelodge. He also commented regarding the restrictions that were placed on motels some time ago. Albert Sanders, 4421 Stewart, commented on the concep- tual plan and the parking spaces appearing to be too small. He requested that consideration for larger cars be given. David Wei, 1260 Huntington Drive/ Pasadena, stated that the Travelodge has provided more parking spaces than required by City Code and only 33% are for compact cars. Steve Willkomm, resident, stated his support for the project and for the requested bond. Mayor pro tern McNeill declared the Public Hearing closed. It was moved and seconded to approve the Negative Declaration of Environmental Impact for SP-88-1, CP-484 and ZV-577. M/S/C: GIBSON/IZELL. There were no objections. It was moved and seconded to approve Resolution No. 88-91, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A SPECIFIC PLAN, FOR A MIXED USE COMMERCIAL DEVELOPMENT APLICANT: CHI YUAN HSU; CASE NO. SP 88-1; LOCATION: 13921 FRANCISQUITO AVENUEA ND 13940 DALEWOOD STREET)". M/S/C: GIBSON/ LOWES. There were no objections. It was moved and seconded to approve Resolution No. 88-92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 100 ROOM MOTEL AND A ZONE VARIANCE TO ALLOW LESS THAN THE MINIMUM LOT AREA APPLICANT: CHI YUAN HSU; CASE NO. CP 484 & ZV 577; LOCATION: 13921 FRANCISQUITO AVENUE), WITH THE ADDITIONAL CONDITION THAT THE APPLICANT SHALL DEPOSIT $3,000 WITH THE CITY TO INSURE THAT THE CONDITIONS OF APPROVAL ARE COMPLIED WITH". M/S/C: GIBSON/IZELL. There were no objections. 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Emily Penfield, Management Analyst, explained that United Cable Television was unable to meet their August 1, deadline and the Council agreed to defer commencing the formal process of imposing liquidated damages until completion and certification of the system. Council agreed to consider acceptance of appropriate enhancements to the system in lieu of and commensurate with liquidated damages of $1,500 a day, resulting in a total of $90,000. She further explained that staff has met with United Cable and she outlined the enhancements that are to FRANK RAMIREZ ELI ROCA ALBERT SANDERS DAVID WE I STEVE WILLKOMM CLOSED NEG DECIA RATION APPROVED RESOLUTION NO. 88-91 ADOPTED RESOLUTION NO. 88-92 WITH ADDITIONAL CONDITION ADOPTED UNITED CABLE TV ENHANCE- MENTS BIB] 37651-U01 1988-U02 10-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9362-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 10 05 CC MIN;¢f4ÁBREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OCTOBER 5, 1988 PAGE FIVE be considered. Staff recommends that Council approve the settlement agreement with United Cable providing the enhancements as indicated in the staff report. After discussing the number of customers that have signed up for United Cable service prior to the September 9th free installation offer. Councilman Izell requested that those customers receive a refund for whatever amount they paid to be hooked up to the cable system early. It was moved and seconded to approve the amendment to the United Cable franchise agreement with the restriction that they go back and refund the money to those that have paid their fees already. M/S/C; IZELL/GIBSON. There were no objections. City Manager Webb explained the need for clarification on this because the proposed agreement before the Council is the issue of United Cable providing free installation to 3,000 new customer beginning September 9, 1988, and if they did not secure 3,000 subscriptions by the end of this calendar year they would continue to provide free installation until they had 3,000 new subscribers. He asked if the Council action meant that United Cable is required to go back and reimburse those 1,000 subscribers however much they paid for their installation and that would be credited against those 3/000 free installations United Cable had agreed to provide beginning September 9th? Councilman Gibson stated that he had seconded the motion because it was his understanding that we would credit anyone in that period beginning September 9th that has already subscribed and reimburse them from September 9th until the 3,000. In response to Councilwoman Lowes' question. City Manager Webb stated that she was correct that starting with September 9th free installations were already being given. He explained the negotiations that took place with United Cable relating to this installation agreement. Councilman Izell stated that he felt that United Cable would rather give the refund than to pay the amount for liguidated damages. Webb also explained the need City Manager Webb explained the need for more specific direction tonight or this would have to come back before the Council if the Council should decide to pursue liquidated damages of $90,000. Without more clarification it will result in more negotiations. Randy Fritchie of United Cable and Michael Freedman with the consulting firm of Telecommunications Management explained the difficulty in researching the information necessary and the possibility that additional expenses would decrease the number of new subscribers sought to 2500. They also explained the benefits already received by those subscribers who received their service prior to September 9th. Councilman Izell stated that he can make a motion to rescind the other motion and collect the $90,000. DISCUSSION AGREEMENT WITH REFUND APPROVED DISCUSSION BIB] 37651-U01 1988-U02 10-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9362-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 10 05 CC MIN;¢f4ÁBREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OCTOBER 5, 1988 PAGE SIX City Attorney explained, for clarification, that the motion as it was adopted included Mr. Izell's refund provisions and if Council wishes to recall that motion, the action to take is to move to reconsider the matter. The one in favor of that is entitled to make that motion. Councilman Gibson made a motion to reconsider the previous motion for clarification, In response to Councilwoman Lowes' request. City Attorney Flandrick explained that the motion to reconsider would recall the entire question before the Council and the Council could reconsider their action on that motion as made and they could either modify it further or vote no. Councilwoman Lowes seconded the motion to reconsider the previous motion for clarification. M/S: GIBSON/ LOWES. Councilman Izell opposed the motion. City Attorney Flandrick stated that the motion is carried for reconsideration and the action before Council at this point is to reconsider the action taken. The motion was to approve settlement with an additional feature requiring the refund. If Council is in favor of that, a yes vote is appro- priate, if Council is opposed to that, a no vote. This is now the original motion to approve the settlement with the Izell Amendment" requiring a refund to those charged prior to September 9, 1988. M/S: ROLL CALL CLARIFICA- TION ON RECALL OF A MOTION MOTION MOTION EXPLAINED MOTION TO RECONSIDER APPROVED CITY ATTORNEY ORIGINAL MOTION ROLL CALL VOTE AYES: IZELL NOES: GIBSON, LOWES AND MAYOR PRO TEM MCNEILL ABSENT: MAYOR KING MOTION FAILS It was moved and seconded to approve the settlement agreement with United Cable providing enhancements to the Baldwin Park system as identified in the staff report in lieu of liguidated damages with the addition that those persons that subscribing between September 9, 1988 and until the 3,000 new subscribers are obtained will receive free installations. M/S: GIBSON/ LOWES. Councilman Izell opposed the motion. Emily Penfield, Management Analyst, explained that United Artists Holdings, Inc. UACI) acquired the outstanding capital stock of United Cable Televeision. United Cable will continue as a separate, ongoing entity. United Cable Television of Baldwin Park will be a wholly owned subsidary of United Cable and there will be no change of ownership. It was moved and seconded to acknowledge and consent to the change in ownership of United Cable Television Corporation, Inc., parent company of United Cable Tele- vision of Baldiwn Park, Inc. M/S/C: IZELL/LOWES. There were no objections. 00- CATV AGREEMENT APPROVED CATV MERGER MERGER APPROVED BIB] 37651-U01 1988-U02 10-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9362-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 1988 10 05 CC MIN;¢f4ÁBREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OCTOBER 5, 1988 PAGE SEVEN COUNCIL INITIATIVES The item on the Arcadia Landfill was held over until a full Council was present. Councilman Izell requested that a letter be forwarded to Assemblywoman Tanner requesting that alll Senior Citizens be allowed to fish in California for the same price as residents. 00- It was moved and seconded to adjourn the regular meeting of the City Council at 8:34 p.m. M/S/C: LOWES/GIBSON. There were no objections. ARCADIA LANDFILL REQUEST MEETING ADJOURNED 8:34 P.M. j.^AIR, CITY CLERK BIB] 37651-U01 1988-U02 10-U02 05-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9354-U03 DO9362-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04