HomeMy WebLinkAbout1989 09 20 CC MIN1989 09 20 CC MINòw @˜ v CC MIN SEP 20 1989à›[H3€8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVENUE, WEDNESDAY,
SEPTEMBER 20, 1989, 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: COUNCIU[EMBERS IZELL, MCNEILL ROLL CALL
LOWES AND MAYOR KING
p ALSO PRESENT: Acting City Manager Yelton,
City Attorney Flandrick,
Acting Dir. of Community
Services Rangel,
Acting Dir. of Economic
Development Pearce,
Acting Dir. of Housing Smith,
Dir. of Human Serv. Lucas,
Chief of Police Hoskin,
City Treasurer Montenegro, and
City Clerk Gair
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PRESENTATIONS
Mayor King presented Awards of Merit to June Glass PRESENTA-
and Harry Medkiff for serving on the Housing TION
Commission and George Archibeque for serving on the
Human Services Commission. Council thanked them for
their work as commissioners.
Mayor King read the proclamation proclaiming October
2-6, 1989 as Ridesharing Week" and presented the
proclamation to Al Rangel of Commuter Transportation
Services Inc.
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City Clerk Gair presented the Consent Calendar: CONSENT
CALENDAR
1. Approval of Certificate of Posting for
September 20, 1989
2. Approve Minutes of September 6, 1989
3. Waive Further Reading and Adopt
RESOLUTION NO. 89-75 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report
August 31, 1989
5. Waive Further Reading and Adopt
ORDINANCE NO. 1025 AMENDING THE MUNICIPAL
Second Reading) CODE RELATING TO
PARKING OF TRAILERS,
SIMITRAILERS, TRAILER
COACHES, PIPE OR POLE
DOLLYS, SPECIAL
CONSTRUCTION EQUIPMENT,
AND SPECIAL MOBILE
EQUIPMENT ON PUBLIC
ROADWAYS
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1989 09 20 CC MINòw @˜ v CC MIN SEP 20 1989à›[H3€8 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE TWO
6. Waive Further Reading and Adopt
RESOLUTION NO. 89-74 AMENDING RESOLUTION
NO. 89-50 ADOPTING A
BASIC SALARY PLAN
FOR EMPLOYEES OF THE
CITY OF BALDWIN PARK
7. Waive Further Reading and Adopt
RESOLUTION NO. 89-76 DECLARING ITS
INTENTION TO
VACATE A 30' X 75'
STREET EASEMENT
LOCATED ADJACENT
TO 13213 EMERY
STREET BEING THE
NORTHEASTERLY
30' OF LOT 16 OF
TRACT NO. 11045
89-V-S)
8. Approve Transfer of Property 14440 & 14444
Pacific Avenue City to Redevelopment Agency
It was moved and seconded to approve the Consent CONSENT
Calendar as presented with corrections to Item No. 2 CALENDAR
as placed before the City Council. M/S/C: MCNEILL/ APPROVED
IZELL. There were no objections.
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ORAL COMMUNICATIONS
Mayor King declared Oral Communications open and ORAL
invited those wishing to speak on any subject to come COMMUN-
forward. ICATIONS
OPEN
Jeanne Martens, Sierra Way, on behalf of the Board of JEANNE
Realtors thanked City officials for attending the MARTENS
Board of Realtors Luncheon.
Bill Watkins, 14525 Hallway, stated that he was in BILL
support of the police officers receiving a raise and WATKINS
also in full support of having a 3% utility tax.
There being no other speakers, Mayor King declared CLOSED
Oral Communications closed.
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PUBLIC HEARINGS
Acting Director of Community Services Rangel PUBLIC
introduced the public hearing on 89-V-3, Approving HEARING
The Order To Vacate A Street Easement Located North Of INTRO-
Olive Street Between Fortin Street And Elton Street DUCED
Generally Located East Of 4820 And 4826 Elton Street".
Acting Director of Community Services Rangel explained
that a resolution was passed approving a Development
Plan and Tentative Tract 46071 that included the
realignment of a future street which deleted a portion
of an existing street easement from the Circulation
Element of the General Plan. The developer of Tract
46071 has requested the City to initiate vacation
proceedings for a portion of the future street
easement adjacent to their property.
He further explained that the Planning Division has
determined that this vacation is in conformance with
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1989 09 20 CC MINòw @˜ v CC MIN SEP 20 1989à›[H3€8 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE THREE
the General Plan as required by the Government Code
and recommended that the city Council conduct a public
hearing and adopt the resolution ordering the vacation
of the street easement.
Mayor King declared the Public Hearing open and PUBLIC
invited those wishing to speak on this subject to come HEARING
forward. OPEN
There were none.
Mayor King declared the Public Hearing closed. CLOSED
In response to Councilman Izell's question, Acting DISCUSSION
Director of Community Services Rangel explained that
the developer is working with the property owner who
had received access from another street and that the
development plan indicates there is no need for a
street.
It was moved and seconded to approve Resolution No. RESOLUTION
89-77, A RESOLUTION OF THE CITY COUNCIL OF THE CITY NO. 89-77
OF BALDWIN PARK ORDERING THE VACATION OF A STREET APPROVED
EASEMENT BETWEEN ELTON STREET AND FORTIN STREET NORTH
OF OLIVE STREET 89-V-3)". M/S/C: LOWES/MCNEILL.
There were no objections.
Acting Director of Economic Development Pearce GPR
introduced the public hearing on 14th Year Grantee 14TH YEAR
Performance Report GPR) Community Development Block CDBG
Grant CDBG) Program Fiscal Year 1988-89". PROGRAM
She explained that the City receives an annual grant
from HUD to carry out activities benefiting low and
moderate income persons and to eliminate blighted
conditions in the City. HUD has mandated a change in
the GPR process requiring each grantee to make the
completed GPR available for public comments through a
public hearing which is the last step required prior
to submitting the GPR to HUD. The Notice of Public
Hearing was properly published and posted as required
by law and she recommended, after the public hearing,
the City Council approve the GPR and instruct staff to
incorporate any and all public comments into the final
adopted GPR.
Mayor King declared the Public Hearing open and PUBLIC
invited those wishing to speak on this subject to come HEARING
forward. OPEN
There were none.
Mayor King declared the Public Hearing closed. CLOSED
It was moved and seconded to approve the Grantee GPR 14TH
Performance Report GPR) 14th Year Community YEAR CDBG
Development Block Grant CDBG) Program Fiscal Year PROGRAM
1988-89. M/S/C: IZELL/LOWES. There were no APPROVED
objections.
REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Chief of Police Hoskin explained that the existence of REFUSE
commercial refuse containers placed on public streets STORAGE
in the community for extended periods of time has BINS
become a concern to some members of the community and
that it may be appropriate for the City to establish
standards for refuse storage bins on public streets.
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1989 09 20 CC MINòw @˜ v CC MIN SEP 20 1989à›[H3€8 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE FOUR
He outlined the following alternatives, 1) Including
standards in the terms and conditions of the refuse
collection contract, 2) The City may consider an
amendment to the zoning code which will require a
permit for limited time period placement, and 3) That
Section 372 of the California Penal Code, making it a
misdemeanor to maintain a public nuisance, may provide
an alternative. However, after currently evaluating
Section 372 of the Penal Code, the District Attorney's
Office determined that this section is not an
appropriate use and recommended that Council direct
staff to proceed with the appropriate course of
action.
Council felt that there was no need to change existing DISCUSSION
regulations and there was no need to have the City
Attorney draft an ordinance. Council discussed costs
involved in drafting an ordinance and the possibility
of a haulers fee that would be placed on the hauler
and not the residents.
Acting City Engineer Dittmer explained that at the ASSESSMENT
September 6th meeting Council conducted an informal DISTRICT
public hearing to consider formation of an assessment PADDY LANE
district to extend Paddy Lane and discussed
alternatives for the proposed street. He further
explained that staff prepared four conceptual
development alternatives for the three properties
involved as outlined in the staff report. He
recommended that Council accept public testimony and
direct staff accordingly.
Acting Director of Community Services Rangel showed
slides and explained in detail each of the
conceptual development alternatives.
Mr. Wang, 11161 Lower Azusa, Temple City, future MR. WANG
developer, explained that escrow has been opened for
about ten months and he expected to have ten units
as a planned development, but when submitted to the
planning division he found out that it was impossible
to have a ten unit project. He is now facing the
question of dropping the project or getting some kind
of compensation. He stated that in order to make the
development possible he would have to work with the
neighbors on this or this would have to go through the
assessment district.
Kenneth Elmore, 1167 Limon Avenue, Covina, son of KENNETH
property owners of 14141 Merced Avenue explained that ELMORE
they do not want a flag lot. They would like to sell
their property and would like to defer any actions for
ninety days if possible to have time to sell the
property.
Jeanne Martens, of Martens Real Estate, explained that JEANNE
her clients have a note that is due in thirty days. MARTENS
If it is possible to get something tangible that she
could go the lender with and ask for an extension
on the note, there would not be a problem to defer
this for 90 days.'
Council discussed deferring this action for ninety
days and suggested that in this length of time if the
sale of the property does not take place, Council
should consider deleting the street to help solve the
problem. Until then the City Council will receive and
file the report from staff.
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1989 09 20 CC MINòw @˜ v CC MIN SEP 20 1989à›[H3€8 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE FIVE
Acting city Engineer Dittmer explained that Section FEES FOR
15.04.140 of the Municipal Code requires that public PUBLIC
improvements be constructed as a condition of issuance IMPROVE-
of building permits for the construction or MENTS
reconstruction of any building or structure where the CRA
estimated cost is in excess of five thousand dollars. PROJECTS
He further explained that these improvements are not
required under circumstances as listed in the staff
report and in cases where the applicant, in lieu of
constructing street improvements, must agree that at
such time as an assessment district is formed for the
purpose of constructing or reconstructing the street,
the owner shall be deemed to have consented to the
formation of the district. The Director of Community
Services, upon written application may waive the
improvements if it is found that any one or more of
the conditions as set forth in the staff report exist.
He also explained that these requirements may also be
waived if construction of the improvements are
included in a budgeted City project. Redevelopment
projects fall into this category. When projects are
not budgeted, the improvements are required since
there is no way of knowing when the project will
actually be constructed and when these improvements
are not constructed this could result in increased
liability exposure for the City.
Council discussed the possibility of imposing a two DISCUSSION
year deferment on the requirement of putting in
sidewalks, handicap ramps and trees when the
construction of improvements are in redevelopment
areas. At the request of the property owner to the
Director of Community Services, and upon his approval,
these can be eliminated. If denied, the property
owner can go through the formal appeal process.
During that two year period if the City still has not
decided what is going to be done and it seems eminent,
an extension could possibly be given.
Councilman Izell made a motion to allow for a two year MOTION
period to defer the requirement of putting in handicap DIES FOR
ramps and trees relating to projects in redevelopment LACK OF
areas, Construction of sidewalks would remain the same SECOND
as presently required. Motion died due to a lack of a
second.
Mayor pro Tern Lowes stated that she felt there was no
point in constructing sidewalks if they would have to
be torn out within the two year period.
It was moved and seconded as part of Councilwoman MOTION
McNeill's original motion to receive and file the TO DEFER
report given by staff, and to allow for a two year CERTAIN
period to defer the requirement of sidewalks, handicap CONSTRUC-
ramps and trees when the construction of improvements TION IN
are in redevelopment areas at the request of the CRA
property owner to the Director of Community Services PROJECTS
and upon his approval. And if denied the property APPROVED
owner has the right appeal to the City Council.
M/S/C: LOWES/ MCNEILL. There were no objections.
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Mayor King recessed the City Council meeting at 8:07 RECESSED
p.m.
The regular meeting of the City Council was back in IN SESSION
session at 8:17 p.m. Roll Call remained the same.
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1989 09 20 CC MINòw @˜ v CC MIN SEP 20 1989à›[H3€8REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE Six
The meeting adjourned to a Joint Closed Session with CLOSED
the Redevelopment Agency to consider matters in SESSION
litigation at 8:18 p.m.
The regular meeting of the City Council was back in IN SESSION
session at 10:01 p.m. Roll Call remained the same.
City Attorney Flandrick stated that in Closed Session
instructions were given to staff and no further action
is necessary.
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It was moved and seconded to adjourn the regular MEETING
meeting of the City Council at 10:01 p.m. LOWES/ ADJOURNED
MCNEILL. There were no objections.
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