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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 00- 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. 00- 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 BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 20-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 20-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. 00- 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. 00- 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 BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 20-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 20-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 20-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 20-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 20-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 20-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. 00- 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. BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 20-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 20-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. 00- 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. BIB] 37175-U01 CC-U02 MIN-U02 SEP-U02 20-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3867-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 09-U02 20-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3869-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05