HomeMy WebLinkAbout1989 01 18 CC MIN1989 01 18 CC MINòw @˜ u Æ CC MIN JAN 18 1989à›[H3;8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY
HALL, 14403 EAST PACIFIC AVE,
WEDNESDAY JANUARY 18, 1989 AT 7:00
P.M.
The City Council of the City of
Baldwin Park met in regular session
in Council Chambers at 7:00 p.m.
ROLL CALL: PRESENT: COUNCILMEMBERS GIBSON, IZELL, ROLL CALL
fl LOWES, MCNEILL AND MAYOR KING
ALSO PRESENT: City Manager Webb,
City Attorney Flandrick,
Dir. of Admin Services Yelton,
Dir. of Comm. Services Smith,
Acting Dir. Housing & Economic
Development Pearce,
Dir. of Human Services Lucas,
Chief of Police Hoskin,
City Planner Rangel,
City Treasurer Montenegro, and
City Clerk Gair
00-
ORAL COMMUNICATIONS
Mayor King declared Oral Communications open and invited ORAL COMMU
those wishing to speak on any subject to come forward. NICATIONS
OPEN
There were none. NONE
Mayor King declared Oral Communications closed. CLOSED
00-
City Clerk Gair presented the Consent Calendar: CONSENT
CALENDAR
1. Approval of Certificate of Posting for
January 18, 1989
2. Approve Proclamation Proclaiming
Existence of a Local Emergency
3. Approve Minutes of December 21, 1988
and January 4, 1989
4. Waive Further Reading and Adopt
RESOLUTION NO. 89-3 ALLOWING CLAIMS
n AND DEMANDS
AGAINST THE CITY
OF BALDWIN PARK
5. Receive and File Treasurer's Report
December 31, 1988
6. Waive Further Reading and Introduce
ORDINANCE NO.1008 APPROVING A CHANGE
Second Reading) OF ZONE FROM I
INDUSTRIAL TO IC PD)
INDUSTRIAL COMMERCIAL
PLANNED DEVELOPMENT
OVERLAY APPLICANT:
BALDWIN PARK DEVELOP-
MENT CORP.; CASE NO.
Z-484; LOCATION 400-
490 CLOVERLEAF DRIVE,
BALDWIN PARK)
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1989 01 18 CC MINòw @˜ u Æ CC MIN JAN 18 1989à›[H3;8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 1989
OF THE CITY OF BALDWIN PARK PAGE TWO
7. Approve Contract Amendment Psomas &
Associates Littlejohn Project
8. Approve Budget Amendment Waive
Bidding Procedure and Authorize
Purchase of Vehicle
The following item was removed from the Consent Calendar ITEM NO. 3
for separate consideration: Item No. 3 at the request REMOVED
of Mayor King regarding the December 21, 1988 minutes.
It was moved and seconded to approve Items No. 1-2 and CONSENT
4-8 of the Consent Calendar as presented. N/S/C: CALENDAR
MCNEILL/GIBSON. There were no objections. ITEMS NO.
1-2 & 4-8
APPROVED
Mayor King corrected the minutes of December 21, 1988, MINUTE
page 6, after paragraph 7, to read, Mayor King stated CORRECTION
that he asked that the draft contract be agendized for
Council's final approval."
It was moved and seconded to approve Item No. 3 with ITEM NO. 3
corrections to the December 21, 1988 minutes. N/S/C: APPROVED
IZELL/LOWES. There were no objections.
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PUBLIC HEARING
Mayor King stated that the Public Hearing on CP-489 CP-489
would be delayed until later in the meeting to allow the DELAYED
applicants in that case to arrive.
Mayor King introduced the Public Hearing, that was PUBLIC
continued from January 4th, on AGP-84 and Z-483, A HEARING
City initiated request to consider amendments to the INTRODUCED
City of Baldwin Park General Plan and zone changes. The AGP-84 AND
proposed changes involve a complete update of the City's Z-483
current general plan and the proposed zone changes are
being considered in order to make the City's zoning map
consistent with the proposed General Plan."
City Planner Rangel stated that this Public Hearing was STAFF
continued from the January 4th meeting and that most of REPORT
the issues are already known relating to the proposed
plan. He also stated that a letter was received from
Emmalee Stowell, resident, in favor of adopting the
proposed plan and a letter from Alicia Kittess, for the
Elko Trust, asking that the zoning be left alone.
Councilman Izell stated, for the record, that he does FOR THE
Z not own any vacant land in the City of Baldwin Park. RECORD
Mayor King declared the Public Hearing open and invited PUBLIC
those wishing to speak on AGP-84 and Z-483 to come HEARING
forward. OPEN
Alicia Kittess, representing the Elko Trust, 1600 ALICIA
Cervato Circle, Alamo, California, read the letter that KITTESS
had been presented to the City Council and is on file in
the City Clerk's office, dated January 18, 1989. The
letter protested the proposed general plan update and
rezoning and urged rejection of the changes in land use
to properties located at 13050-13058 Bess Avenue and 939
Leorita and Parcels 4(8559-009-028 thru 32 and Parcels
8559-008-008 thru 10.
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1989 01 18 CC MINòw @˜ u Æ CC MIN JAN 18 1989à›[H3;8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 1989
OF THE CITY OF BALDWIN PARK PAGE THREE
Bess Jenkins, 1356 Amar Road, spoke against anymore BESS
condos and apartments being built and the noise created JENKINS
just in trash pick-up at apartments. She referred to
this Council being elected to get rid of that kind of
developments and felt developers should go east to build
in Rialto.
Lorin Lovejoy, 12794 Torch Street, encouraged adherence LORIN
to the proposed general plan and asked that there be a LOVEJOY
better balance between residential and developments.
Eli Roca, 14637 California Street, spoke regarding the ELI ROCA
need to consider the children in the City and the
shortage of play areas and the latchkey children. He
spoke in favor of the proposed general plan and urged
compromise in some areas.
Jo Perez, 14730 Clark Street, expressed his concern JO PEREZ
about having to sell his house. City Planner Rangel
explained that he would not have to do that).
Justina Ramirez, 4924 Wimmer Avenue, referred to the JUSTINA
survey sent out and stated that the people had spoken RAMIREZ
for what they want and that is low density and a bedroom
community.
Alma Agabashian, 12853 Ledford Street, spoke in favor of ALMA
the proposed general plan if the lower density will help AGABASHIAN
with the parking problems south of the freeway and
elsewhere. She requested that green areas be left for
the children.
Frank Ramirez, 4924 Wimmer Avenue, referred to all the FRANK
meetings that have already been held regarding this plan RAMIREZ
and felt that tonight was starting all over again. He
spoke in favor of the proposed general plan, because the
people have said that they want lower density and a
bedroom community.
Gail Zauss, 4340 Merced Avenue, expressed her concern GAIL
about the lack of green space for the children and the ZAUSS
need to take care of the youth of the City. She spoke
about the need to require open space in developments and
for control of parking problems relating to multiple
cars in families.
Alicia Dose, 1125 Bennett, Long Beach, grandaughter of ALICIA
the Bill and Alice Elko, spoke regarding what she DOSE
considered to be downgrading of zoning in some areas and
upgrading of zoning in some areas in the proposed
general plan. She felt that the Elko properties that
she represented and the surrounding properties that
already exist conform to the R3 zoning.
There being no other speakers on this issue, Mayor King CLOSED
declared the Public Hearing closed.
In response to Councilwoman Lowes concern, Council DISCUSSION
discussed property at 4218-4242 La Rica and agreed there
was a need to have this property zoned as RG rather than
what has been proposed in the general plan. Council
agreed that this change was necessary.
Councilmembers commented on the need for this moratorium
and the reduction of density a long time ago. They
expressed their hope that this would create a better
environment, allow open space for the children and will
slow down the growth as the people have asked.
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1989 01 18 CC MINòw @˜ u Æ CC MIN JAN 18 1989à›[H3;8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 1989
OF THE CITY OF BALDWIN PARK PAGE FOUR
It was moved and seconded to adopt Resolution No. 89-4, RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO 89-4
PARK CERTIFYING THE ENVIRONMENTAL REPORT, ADOPTING A WITH
REVISED GENERAL PLAN CASE NO. AGP-84; APPLICANT: CITY TECHNICAL
OF BALDWIN PARK) WITH TECHNICAL AMENDMENTS". M/S/C: AMENDMENTS
GIBSON/MCNEILL. There were no objections. ADOPTED
It was moved and seconded to adopt Resolution No. 89-5, RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO. 89-5
PARK ADOPTING A REVISED GENERAL PLAN CASE NO. AGP-84 WITH
APPLICANT: CITY OF BALDWIN PARK) WITH AMENDMENTS TO AMENDMENT
4218-4242 LA RICA FROM HIGH DENSITY TO RG," fl/S/C:
LOWES/IZELL. There were no objections£T-ions.
It was moved and seconded to approve Ordinance No. ORDINANCE
1009, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NO. 1009
BALDWIN PARK APPROVING CHANGES IN ZONE CLASSIFICATION APPROVED
FOR CERTAIN REAL PROPERTIES APPLICANT: BALDWIN PARK; FIRST
CASE NO. Z-483)." M/S/C: MCNEILL/IZELL. There were READING)
no objections.
It was moved and seconded to direct staff to make the LA RICA
necessary zone changes on 4218-4242 La Rica from R3 to ZONE
RG so that zoning will be consistent with land use. CHANGE
M/S/C: LOWES/IZELL. There were no objections. APPROVED
For clarification City Attorney Flandrick stated that
this motion is a direction to process by Public Hearings
the proposed zone change of those properties.
City Planner Rangel introduced the Public Hearing on CP- PUBLIC
489, An appeal of certain conditions of the Planning HEARING
Commission's approval of a Conditional Use Permit INTRODUCED
pursuant to Section 17.22.030 E) of the City Code in CP-489
order to allow a drive-thru fast-food restaurant
Applicant: McDonalds Corporation; Location: 14530
Baldwin Park Towne Center)
City Planner Rangel explained that MoDonalds had STAFF
initially requested a freestanding sign for their parcel REPORT
and were informed that a sign program for the entire
center has been approved with an existing pylon sign
serving as the Center and major tenant identification.
MoDonalds then requested an off- premise sign, but were
informed that they are not permitted.
He explained that the major concern of Staff is the
appearance of the McDonald's building with the proposed
36 foot tower. The tower appears to be too large for
the rest of the building and if approved could set a
precedent that leads to more towers and freestanding
signs. Staff feels that the pylon sign can adequately
identify the Towne Center and that a clutter of pole or
tower signs would detract from the overall appearance of
the site.
A slide presentation was given showing problems that can
occur with too many freestanding signs in an area.
Slides showing the needed improvements for visibility of
the entire Towne Center were also shown and an
alternative design and increase in heighth to the
existing pylon sign were presented.
City Planner Rangel presented a letter from Taco Cabana
urging the City Council to approve the proposal
presented by McDonalds.
In response to Mayor King's inquiry, City Planner Rangel DISCUSSION
stated that the new pylon sign would give about thirty
square feet of advertising area to each site and with
the highly recognizable logo of McDonalds this should be
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1989 01 18 CC MINòw @˜ u Æ CC MIN JAN 18 1989à›[H3;8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 1989
Or THE CITY OF BALDWIN PARK PAGE FIVE
seen at approximately 1715 feet or beyond. Cal Trans
has approved the plan to lower the shubbery along the
freeway and visibility will also be increased when this
is accomplished.
Mayor King declared the Public Hearing open on CP-489 PUBLIC
and invited those wishing to speak on this subject to HEARING
come forward. OPEN
Phillip Spear, 16235 Estrada Hill, Poway, representing PHILLIP
McDonalds Corporation, explained the importance of SPEAR
accessible and visible signage for the success of a
C McDonalds. This location was selected to address the
freeway traffic on the 110 and because the McDonalds on
Azusa Avenue peaks out due to its parking problems.
He stated that McDonalds changed the roof line of their
building considerably to meet the architectural design
of the center and explained the concern they have
in attracting eastbound traffic. They felt that the
design of their sign would be a creative way to
accomplish this. He did not feel that the proposed
change to the pylon sign would be that beneficial for
visibility to the eastbound traffic and commented on the
time and effort this change would take to work out.
Stanley Gribble, 18401 Suite 130, Irvine, gave a STANLEY
background on the development of the Towne Center and GRIBBLE
the problems that he had encountered which caused delays
and cost thousands of dollars. He commended McDonalds
for the design that they came up with to be compatible
to the center and commented on the approval that was
given on a preliminary basis for the tower and then
rejected. He stated that the changes required will
delay things many more months and cost thousands of
dollars.
He felt that the trimming of the shrubbery was an
acceptable idea, but it is a lengthy process with Cal-
Trans to accomplish. The change in the pylon sign would
be beneficial but it is not the ultimate answer. He
asked the Council to approve the tower design and get
this project done so that it is successful. The
retailers are not doing as well as they should and the
center can not afford these delays. He reminded Council
that freeway oriented projects must have visibility to
be successful.
Mayor King apologized to Mr. Gribble for any
misunderstandings between staff and himself and reminded
Mr. Gribble of the frustrations that the Council has
experienced with the development of this project also.
He felt that the Council has assisted Mr. Gribble in
Z many ways with the project and complimented staff on
their abilities.
Gail Zauss, 4340 Merced Avenue, commented on the GAIL
I- possibility of other signs for McDonalds in different ZAUSS
locations to improve their visibility.
Sandra Darling, 2155 E. Garvey Avenue, licensee for the SANDRA
new McDonalds, explained that the Ramona store will be DARLING
severely impacted by this store, the expense of this
property and the twenty year lease that will be held.
She told of the importance of visibility to be
successful and that the store would employ 120 people.
Eli Roca, 14637 California Street, stated that he felt ELI ROCA
that McDonalds should be allowed to have the tower
because he would rely more on the McDonalds Corporation
in evaluating the need for this at the Towne Center
locations.
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1989 01 18 CC MINòw @˜ u Æ CC MIN JAN 18 1989à›[H3;8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 1989
OF THE CITY OF BALDWIN PARK PAGE SIX
Ed Huetinck, 13059 Amar Road, felt that the City should ED
stay with the code and require that this be built in HUETINCK
accordance with the code.
There being no other speakers on this issue Mayor King CLOSED
declared the Public Hearing closed.
Councilman Gibson stated that he felt that the City and DISCUSSION
the citizens had been mislead regarding the type of
restaurants that would be in the Towne Center. That
McDonalds is an outstanding restaurant, but it was not
what Council was told would be included in the project.
He also felt that developers should make certain that
the codes are read by companies. He stated that the
personal attack on staff infuriated him and that it
showed an unprofessional attitude unbecoming a developer
of such quality projects.
It was moved and seconded to adopt the Findings of Fact FINDINGS
relating to CP-489. H/S/C: GIBSON/MCNEILL. There OF FACT
were no objections. ADOPTED
City Attorney Flandrick stated that if the Council CITY
wishes to approve what the Planning Commission has done, ATTORNEY
sustaining their decision, that would be accomplished by
adopting the Resolution with the insertion of language
that, The 36 1/2 foot tower, the signage thereon,
constitutes a freestanding sign and that would be
prohibited." It would have the use they propose without
the tower and without the signage and that leaves them
free, so that there can't be any question about it, if
they so desire, to follow Mr. Rangel's suggestion which
would involve a modification of the pre-existing
approved zone variance and allowing the initial signage
on it.
It was moved and seconded to adopt Resolution No. 89-6, RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 69-6
BALDWIN PARK APPROVING A CONDITIONAL USE PERMIT TO ALLOW ADOPTED
A DRIVE THRU FAST FOOD RESTAURANT APPLICANT: MCDONALD'S
CORPORATION; LOCATIONS: 14530 BALDWIN PARK TOWNE
CENTER; CASE NO. CP-489)
00-
REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
It was moved and seconded to approve a one year CHAMBER
agreement with the Chamber of Commerce for promotional AGREEMENT
and business improvement services and that the existing APPROVED
three year agreement be terminated.
Director of Administrative Services Yelton introduced FINANCIAL
the City's first Comprehensive Annual Financial Report REPORT
and explained the financial information contained in the CAFR)
p--- report and the important benefits that can be achieved 1988
through this publication. He further explained that the STAFF
report has been submitted to the Government Finance REPORT
Off Officers Association to be evaluated for the Certificate
of Achievement award. The receipt of this award gives
additional credibility to the City's overall financial
management and provides feedback as to how the City's
financial reporting may be improved in the future.
It was moved and seconded to receive and file the CAFR
Comprehensive Annual Financial Report CAFR) for fiscal RECEIVED
year 1988. M/S/C: IZELL/LOWES. There were no AND PILED
objections.
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1989 01 18 CC MINòw @˜ u Æ CC MIN JAN 18 1989à›[H3;8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 1989
OF THE CITY OF BALDWIN PARK PAGE SEVEN
Director of Community Services Smith explained that the DEDICATION
Ordinance before Council specifies that under certain FOR STREET
conditions, an alternate method dealing with PURPOSES
requirements for dedication for street purposes and
construction of street improvements be available to the
owner requesting building permits in excess of $5,000 in
value. This alternate method would apply only in
clearly defined circumstances, one of which is that the
work for which the building permit is sought is to
replace a structure which has been destroyed in whole or
in part as a result of a casualty. The other is when
the construction of the street improvements will not be
p- practical until an assessment district is formed.
Mayor King invited a representative from California PUBLIC
Street and Baldwin Avenue to come forward for public INPUT
input.
Eli Roca, 14637 California Street, asked about the ELI ROCA
street remaining as an undedicated street if the home
owners did all the repairs.
City Attorney Flandrick stated that this is now a RESPONSES
private street and he was not aware of steps proposed to
turn it into a public street. The street would only
become a public street if more than 50% of the property
owners consented to it and the City Council agreed to
it. Parcels already dedicated can be vacated with
Council approval.
In response to Mayor King's and Mr. Roca's inquiry,
Director of Community Services Smith explained that under
this ordinance the owner would consent to a continuing
offer of dedication, that is distinguished from actual
dedication. The City would have to go through a formal
process at a future date of acceptance of such
dedication. There is no requirement on the City's part
to exercise that option. If the majority of the
residents chose to remain a private street the City
would not force it to become public without an interest
on the part of the residents. Under the current code
dedication is required, under this new provision
dedication is not required, but an offer of dedication
is accepted.
Councilman Izell commented in regards to sidewalks not
being required on a private street and he felt that if
developers purchased property on these streets they
should be required to put in sidewalks.
In response to Mr. Roca's questions Council and Staff
informed him that: 1) It is the homeowners
responsibility to take care of the black top on a
private street; 2) A Spanish translation of the
Z Ordinance would be made available; and 3) A discussion
regarding Allen Paper Company can not be held at this
time.
Councilman Izell commented on this ordinance not
requiring the replacement of street trees in case of
fire and also approaches that would be exempt. He
suggested that the urgency ordinance be adopted and the
other ordinance be cleaned up regarding this.
It was moved and seconded to adopt Ordinance No. 1010, ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO. 1010
PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING ADOPTED
TO REQUIREMENTS FOR DEDICATION FOR STREET PURPOSES AND URGENCY)
CONSTRUCTION OF CITY IMPROVEMENTS URGENCY)." N/S/C:
IZELL GIBSON. There were no objections.
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1989 01 18 CC MINòw @˜ u Æ CC MIN JAN 18 1989à›[H3;8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 18, 1989
OF THE CITY OF BALDWIN PARK PAGE EIGHT
It was moved and seconded to adopt Ordinance No. 1011, ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO. 1011
PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING APPROVED
TO REQUIREMENTS FOR DEDICATION FOR STREET PURPOSES AND FIRST
CONSTRUCTION OF CITY IMPROVEMENTS FIRST READING)." READING)
N/S/C: IZELL GIBSON. There were no objections.
00-
COUNCIL INITIATIVES
Chief of Police Hoskin presented a report on the request LOBBY
to consider the installation of a lobby barrier in the BARRIER
police department. He briefly described the one POLICE
incident that had occurred in the lobby area, the survey DEPT.
that was conducted of other police departments and the
$9,000 cost to install a barrier. He recommended the
installation of one additional emergency button for
immediate access for records personnel and an intercom
system between records and the exterior for
communications when doors are locked. Council
concurred.
00-
Mayor King declared the regular meeting of the City RECESSED
Council in recess at 9:12 p.m.
The Council was reconvened at 9:17 p.m. Roll Call IN
remained the same. SESSION
00-
City Attorney Flandrick stated that a Closed Session was CLOSED
necessary to consider pending litigation in the matter SESSION
of Van Velzer vs the City of Baldwin Park and Purchases
vs the City of Baldwin Park. Such a closed session is
authorized pursuant to Section 54956.9 a) of the
Government Code.
The Council was recessed to a Closed Session at 9:18
p.m.
The Council was reconvened at 9:27 p.m. Roll Call
remained the same.
00-
The regular meeting of the City Council was adjourned at MEETING
9:28 p.m. M/S/C: GIBSON/LOWES. There were no ADJOURNED
objections. 9:28 P.M.
BIB]
37175-U01
CC-U02
MIN-U02
JAN-U02
18-U02
1989-U02
LG1-U03
LI1-U03
FO3794-U03
FO3837-U03
FO3838-U03
DO3840-U03
C4-U03
MINUTES1-U03
10/11/2001-U04
ADMIN-U04
BIB]
37260-U01
1989-U02
01-U02
18-U02
CC-U02
MIN-U02
LG1-U03
LI1-U03
FO3794-U03
FO8598-U03
DO3840-U03
C4-U03
MINUTES1-U03
10/11/2001-U04
ADMIN-U04
CITY-U05
COUNCIL-U05
MINUTES-U05