HomeMy WebLinkAbout1999 06 02 CC MIN1999 06 02 CC MINòw @˜ € °
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8COUNCIL CHAMBER JUNE 2,1999
14403 E. PACIFIC AVENUE WEDNESDAY
BALDWIN PARK, CA 91706 7:00 P.M.
The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above
time and place.
ROLL CALL: Present: Councilmembers Ricardo Pacheco, Linda Gair,
Mayor Pro-Tern William Bill" Van Cleave, and Mayor
Lozano
Mso Present: David Olivas, City Affomey; Richard A.
LeGarra, Chief of Police; James B. Hathaway, Director of
Finance; Steve Cervantes, Director of Community
Development; Ralph Nunez, Director of Recreation and
Community Services; Ana Montenegro, City Treasurer;
Kathryn V. Tizcareno, City Clerk; and Rosemary
Ramirez, Deputy City Clerk
PRESENTATIONS
AWARDS OF MERIT Director Nunez, Mayor Lozano and the City Council
MR. ROY TEST and presented Awards of Merits to Mr. Roy Test and AIfredo
ALFREDO GONZALEZ Oonzalez, for recently having received the prestigious Los
Angeles County Senior Recognition Award at the
Dorothy Chandler Pavillion.
POLICE DEPARTMENT After a brief introduction of the seven award recipients
CITIZEN'S ACADEMY Chief LeGarra, Officer Villines, Mayor Lozano, and the
GRADUATES City Council presented certificates of Completion to
Guillermo Alvardo, Monica Brito, Marie Locher and
Rosa Macon, recent graduates of the Police Department
Citizen's Academy. Graduates not present this evening
are: Dolores Cubillo, Richard Flood, and Donna Flood.
ARTIST JUDY BACA Mayor Lozano mentioned that in the magazine
RECOGNIZED Vanidades", Judy Baca was featured on several pages.
Judy Baca is know in Baldwin Park for her work and
design on the arch of the Metro-link station. Mayor
Lozano commended Ms. Baca on her success and
accomplishments.
PUBLIC COMMUMCATIONS
SAN GABRIEL VALLEY A representative from Assemblyman Gallegos' Office
BUSINESS BOOSThR" announced that on June 11, 1999, the 1999 San Gabriel
Valley Business Booster" will be held at the Radisson
Hotel in Baldwin Park.
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8City Council Minutes June 2, 1999 Page 2
CONSENT CALENDAR
City Clerk Tizcareno presented the Consent Calendar as
follows:
ITEM PULLED OFF AGENDA Councilwoman Gair pulled the following item from the
Consent Calendar for discussion:
1) APPROVAL TO PURCHASE VEHICLE TIRES
FY 1999-2000
CERTIFICATE OF POSTING Certificate of Posting for June 2, 1999, was approved.
APPROVAL OF MINJTES The minutes of May 5, 1999 Regular & Study) were
approved.
CLAPZS AND DEMANDS Resolution No.99-38 entitled, A RESOLUTION OF
RESOLUTION NO.99-38 THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK", was
approved. Mayor Pro-Tern Van Cleave abstained on all
warrants to Mr. Bill's Hardware financial conflict of
interest).
ORDINANCE NO.1139 Ordinance No.1139 entitled, AN ORDINANCE OF
SPEED LIMITS ON CERTAIN THE CITY COUNCIL OF THE CITY OF BALDWIN
STREETS PARK AMENDING TIThE 7, CHAPTER 73, OF THE
BALDWIN PARK MUNICIPAL CODE RELATING TO
SPEED LIMITS ON CERTAIN STREETS", on second
reading, reading by title only and waiving hirther reading
thereof, was approved.
ADDITIONAL FUNDS REQLEST City Council approved an additional $5,000 for Central
Park West project CIP 814.
BIDS REJECTED All bids received were rejected and staff was authorized
CIP 807, 808, AND 819 to re-advertise to solicit new bids for Ramona Boulevard
La Rica Avenue to Merced Avenue), Dalewood Street
Merced Avenue to Garden View Lane), Baldwin Park
Boulevard Tracy Street to Dalewood Street), Street
Improvement Project, Prop C" Project, CIP 807, 808,
and 819.
PURCHASE POLICE VEHICLES City Council waived formal bidding procedures and
AND VEHICLE CONVERSION authorized staff to use the County's bid to purchase ten
10) police patrol vehicles and one pick-up truck from
Wondries Chevrolet in an amount of $621,190.
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8City Council Minutes June 2, 1999 Page 3
The City Council awarded the contract for the conversion
of the police patrol vehicles to Pursuit, Inc. in the amount
of$12,100.
REPLACE WINDOWS AT City Council waived the formal bidding procedures for
POOL FACILITY the removal and replacement of windows in the
Community Center pool facility and authorized staff to
solicit informal bids.
AWARD OF FACILITIES & City Council authorized staff to issue purchase orders for
FLEET ANNUAL CONTRACTS the purpose of maintaining City Facilities and equipment
FY 1999-2000 as follows: J.C. Plumbing-$30,000; El Rey Products
Floor Finishing)-$20,000; Nichols Lumber Hardware)-
$20,000; Monty's Electric-$30,000; Clippinger Chevrolet
Auto Repair)- $20, 000; Ramona Auto Pans-s 15,000; Star
Auto Pan s-S 10,000; West Covina Auto Body- $20,000;
Certified Transmission-$10,000; and Ralph Villasenor
Painting)-$25 000.
SOLE SOLRCE CONTRACTS City Council awarded sole source contracts as follows:
FACILITIES & FLEET USA Alarm System, Inc., in the amount of $12,500 for
MAINTENANCE DWISION security services of City facilities and to San Diego
Rotary Broom in the amount of $11,000 for purchase of
equipment/supplies for City's street sweepers.
ENGINEER'S REPORT Further reading was waived and Resolution No.99-40
CITYWIDE PARK MAJNI'ENANCE entitled, A RESOLUTION OF THE CITY COUNCIL
ASSESSMENT DISTRICT OF THE CITY OF BALDWIN PARK; CALIFORNIA,
RESOLUTION NO.9940 APPROVING THE ENGINEER'S REPORT FOR THE
STREET PARK MAINTENANCE IN A CITYWIDE
PARK MAINTENANCE ASSESSMENT DISTRICT IN
THE CITY OF BALDWIN PARK", was adopted.
ORDER ANNUAL ASSESSMENT Further was waived and Resolution No.99-39 entitled, A
SET PLBLIC HEARING RE: A RESOLUTION OF THE CITY COUNCIL OF THE
CITYWIDE PARK MAIN.ItNANCE CITY OF BALDWIN PARK; CALIFORNIA,
RESOLUTION NO.99-39 DECLARING ITS INTENTION TO ORDER THE
ANNUAL ASSESSMENT LEVY AND COLLECT
ASSESSMENTS FOR CERTAIN INPROVEMENTS
AND MAINTENANCE PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2 OF THE
STREETS AND FHGHWAYS CODE OF THE STATE
OF CALIFORNIA AND SETTING A TIME AND
PLACE FOR A PUBLIC HEARING" was adopted.
Public Hearing date is scheduled for July 7, 1999.
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8City Council Minutes June 2, 1999 Page 4
ENGINEER'S REPORT CITYWIDE Further reading was waived and Resolution No.99-41
LANDSCAPING AND LIGIITING entitled, A RESOLUTION OF THE CITY COUNCW
MAINTENANCE DISTRICT OF THE CITY OF BALDWIN PARK, CALIFORNIA,
RESOLZON NO.99-41 APPROVING THE ENGINEER'S REPORT FOR
STREET LANDSCAPING AND LIGIITING
MAINTENANCE IN A LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT IN THE CITY
OF BALDWIN PARK", was adopted.
ORDER ANNUAL ASSESSMENT Further reading was waived and Resolution No.99-42
SET PUBLIC HEARING entitled, A RESOLUTION OF THE CITY COUNCW
CITYWIDE LANDSCAPE AND OF THE CITY OF BALDWIN PARK, CALIFORNIA,
LIGHTING DISTRICT DECLARING ITS INTENTION TO ORDER THE
RESOLUTION NO.99-42 ANNUAL ASSESSMENT LEVY AND COLLECT
ASSESSMENTS FOR CERTAIN IMPROVEMENTS
AND MAINTENANCE PURSUANT TO THE
PROVISIONS OF DIVISION 15, PART 2, OF THE
STREETS AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA AND SETTING A TIME AND
PLACE FOR A PUBLIC HEARING" was adopted.
Public Hearing is scheduled to be held July 7, 1999.
TRANSFER AND CONVEYANCE Further reading was waived and Resolution No.99-43
STORM DRAIN NO.1512 entitled, ARESOLUTION OF THE CITY COUNCIL OF
RESOLUTION NO.99-43 THE CITY OF BALDWIN PARK' CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF
THE LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT OF THE STATE OF CALIFORNIA TO
ACCEPT ON BEHALF OF SMD DISTRICT A
TRANSFER AND CONVEYANCE OF STORM DRAIN
IMPROVEMENTS KNOWN AS MTD 1512, LINE A,
PHASE lB IN THE CITY OF BALDWIN PARK FOR
FURTHER OPERATION, MAINTENANCE, REPAIR,
AND IMPROVEMENT, AND AUTHORIZE THE
TRANSFER AND CONVEYANCE THEREOF", was
adopted.
CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as
presented.
MOTION: Councilman Pacheco
SECOND: Mayor Pro-Tern Van Cleave
Motion Carried
APPROVAL TO PURCHASE In answer to Councilwoman Gair's question, Director
VEHICLE TIRES Hathaway explained that the reason we are utilizing a
vendor located outside of the City is because we are using
a State authorized vendor. There are currently no
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8City Council Minutes June 2, 1999 Page 5
vendors in the city that are part of the state
bidding/purchasing process.
A motion was made to approve the purchase of vehicle
tires from Y-Tire Sales, Azusa, in an approximate amount
of $25,000 for fiscal year 1999-2000.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion Carried
PUBLIC HEARINGS
ORDER OF AGENDA ITEM A motion was made to move Public Hearing Item No.
T)" entitled, CONSIDERATION OF AN APPEAL OF
WE PLANNING COMMISSION'S DECISION TO
DENY A BANQUET FACILITY WITH DANCING
AND LIVE ENTERTAINMENT CASE NO. CP557,
APPELLANT: ROGELIO ROJAS", to the beginning of
the Public Hearing Matters.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion Carried
APPEAL OF PLANNING Assistant Planner Harbin explained that we received a
COMMISSION DECISION letter from Mr. Rojas' attorney, requesting that this be
CASE NO. CP557 ROJELIO continued to the June 16, 1999 meeting.
ROJAS
Mayor Lozano declared the Public Hearing Open for
public participation. There were no speakers.
A motion was made to continue this matter to June 16,
1999.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
City Attorney explained that the City Clerk received a
petition that was submitted in this matter. Said petition
will be entered in the record as having been received.
JOINT PUBLIC HEARING Director Cervantes presented the report as follows: Staff
DISPOSITION & DEVELOPMENT and Agency Counsel have reviewed the DDA and
AGREEMENT SAFRAN PROJECT) supplementary documentation. This project will provide
a unique opportunity to leverage the Agency's limited
resources with additional Los Angeles County, state and
federal tax credit flinding. This project will allow the
Developer and Agency to significantly upgrade the tire
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8City Council Minutes June 2, 1999 Page 6
Corak neighborhood as well as accomplish related
Agency, Housing and Redevelopment goals. Staff
recommends approval of the 33433 Summary Report, the
proposed Disposition and Development Agreement with
Thomas Safran & Associates and, Resolution No.99,45
entitled, A RESOLUTION OF THE CITY OF
BALDWIN PARK APPROZING A DISPOSITION
AND DEVELOPMENT AGREEMENT OF AND
BETWEEN THE REDEVELOPMENT AGENCY OF
THE CITY OF BALDWIN PARK AND THOMAS
SAFRAN & ASSOCIATES, PERTAINING TO THE
DISPOSITION AND DEVELOPMENT OF THE REAL
PROPERTY LOCATED OUTSIDE OF DESIGNATED
REDEVLEOPMENT PROJECT AREAS AND
MAKING FINDINGS THEREFORE AS REQUIRED
BY HEALTH AND SAFETY CODE CALIFORNIA
REDEVELOPMENT LAW 33433".
Mayor Lozano declared the Public He&ing Open for
public participation.
David Ferguson, Thomas Safran and Associates, stated
that the project has been modified since it was first
presented and feels that it is better than originally
planned. Of the 71 units, 35 will be for senior citizens
and the other 35 will be for families. We have proposed
to close the alley on Corak and redirect it to serve the
residents on Corak and Francisquito. A swimming pool, a
spa, and a public computer room library will all be
provided. There will also be an on-site manager who will
assist the tenants 24 hours a day. It is a two-story
development. There is no access to the alley. Sidewalks,
driveways, parkways, sprinklers are also going to be
installed. If this is approved, local businesses receive
benefit and local hiring is promoted. We will be
committed to completing the street improvements first.
City Attorney Olivas mentioned that a Councilmember
has requested that individuals wishing to speak, state
whether they are homeowners or renters.
Cecilia Rojas, BaldwinZPark, renter, is against the housing
complex. She feels we need more jobs to assist low-
income families. The city needs to entice businesses to
come to Baldwin Park. Ms. Rojas reminded the council
that the interest of the city and it's residents is at stake. A
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8City Council Minutes June 2, 1999 Page 7
grassroots campaign against those approving this project
will be started if council approves this project.
Dan Trunco, Baldwin Park, said that we do not need to be
a homeowner to speak regarding this subject. Mr. Trunco
feels that we need more housing for senior citizens. He is
in favor of the project.
Isela last name not audible), Baldwin Park, homeowner,
said that she is in favor of the project. Some of her
neighbors have had to relocate due to the Auto Nation
Project. It is necessary to have alternate housing
arrangements for people that are forced to move.
Tom Chargoy, Baldwin Park, said that he visited the
Safrttn & Associates West Covina Housing Development.
To his surprise; the development and it's upscale
construction and maintenance, changed his negative
opinion into a positive one. It was very well organized,
and it is something that the community needs. He is in
favor of the proposed Safran development.
Stacy Perez, business owner, said that this is a great
project. It gives children a healthy living environment.
Any city would be lucky to live in the conditions that this
project offers.
Helen Hickam, Baldwin Park, homeowner stated that
Corak Street is in deplorable condition. Mr. Ferguson has
come along and offered to clean it up. She asks the
Council to support this project and the dream of the
residents to clean up this area.
Maria Gonzalez, Baldwin Park, said that the Safran
project is a good one however, the council should focus
on attracting businesses, not additional housing.
Lou Hickam, Baldwin Park, stated that the subject
property is one that no one has ever had an interest to
develop. Now, we have a developer who wants to
beautifZ Corak Street. Mr. Hickam is in favor of the
project and he urges the City Council to support the
Safran project.
Victor Santa Cruz, Baldwin Park, says that this project
will not benefit the City of Baldwin Park. The city
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8City Council Minutes June 2, 1999 Page 8
already has too many apartments. We need to bring in
more businesses to Baldwin Park.
Manuel Perez, said that he is in favor of the Safran
Project. It is the best thing that could happen to this town.
Barney York, Baldwin Park, said that this project is a big
help to Baldwin Park.
Rosalva Gamboa, Baldwin Park, said that she originally
was opposed to this project. After much review and
public input, she is now in favor of the project. She urged
the council to support Safran and Associates and the
construction of the housing units.
Salvador Gonzales, Baldwin Park, is opposed to these
apartments. Apartments do not bring revenue to the City.
Businesses bring revenue and the city needs to increase its
revenue.
Magdalena Polino, Baldwin Park, said she is in favor of
the proposed project. The developer has offered many
benefits that would help the residents of Baldwin Park.
Cecilia Lee, Baldwin Park, is opposed to the project. The
Council should concentrate on motivating existing
business property owners to fix up their buildings and
focus on anracting new businesses into town. Baldwin
Park has enough apartments. We need more businesses.
Diana Guzman, Baldwin Park, said that the proposed
building site currently is used as a city dump. There is
trash dumped there on a regular basis. Mr. Ferguson's
project would help clean up this area. Also, the computer
lab would be a great help to it's residents. Ms. Guzman is
in favor of the project.
Suzanne Brewer, Baldwin Park, is in favor of the project
and said that the project would beautifi' this area and it
would assist the residents with affordable housing in
Baldwin Park.
Sandy Ramos, Baldwin Park, is opposed the project.
There are many other areas in Baldwin Park that need to
be rehabilitated. We need big businesses in the city not
housing projects.
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8City Council Minutes June 2, 1999 Page 9
Isajas Gamboa, Baldwin Park, is in favor of the project.
He would rather have this than another business.
Marco Perez, commented on the progress the City has
made in the past four years and would like to see the city
continue in a forward direction. He also supports the
Safran Project.
Seeing no Rirther interest, Mayor Lozano declared the
Public Hearing Closed.
Councilwoman Gair said that she will not use threats of
being removed from the Council as a reason for voting for
or against any matter. During her term of office, she
vowed to make informed decisions and do a good job
while in office. Councilwoman Gair irther stated that
afler seeing several of David Ferguson's beautiflil
projects, she is in favor of this project
David Ferguson explained that because of the efforts of
the City Council to create value where none existed
before, the tax value of the new property tax increment)
is higher than the previous increment. The commitment
of flinds from the City of Baldwin Park buys the rents for
a certain period of time only go up as incomes go up, not
as rent goes up.
Councilman Pacheco thanked the audience, staW, the
Planning Commission, and David Ferguson for their
comments and diligent work towards the preparation of
this proposal. At this time, he is not in support of this
project. The city has the option of rehabilitating empty
homes, make them affordable and offer them to
individuals of different income levels. Councilman
Pacheco questioned several particulars of the
Development Agreement, specifically the fact that we are
flinding a 1.7 million loan to a development company,
which has five years to look at different ways to reduce
the amount of the loan. We should go to the LA County
to use money that is available. The DDA is also giving a
loan for 40-60 year loans at 3% interest. For how long
will the houses have the management? Will the city need
to comply to see the same quality in 15-20 years?
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8City Council Minutes June 2, 1999 Page 10
Mayor Pro-Tern Van Cleave said that he originally had a
negative opinion of this project. However, after geffing a
first hand look at one of Mr. Ferguson's other projects, his
opinion has changed dramatically. These homes are not
like the apartments. The caliber of these homes are types
that individuals including I) would be willing to live in.
The City Council works hard to make the best decisions
possible for the city.
Quoting from the Agency Loan to the Developer, the
Fiscal Impact Report, and the Developers Responsibility
Regarding Agency's Loan, Mayor Lozano said that we
loan the 1.7 million dollars to the project, of which is an
actual loan to the company. However, there is
approximately five years in which Safran Corporation has
to look at the various resources to pay the 1.7 million
dollars.
Mayor Lozano expressed his concern over the possibility
of the Developer not being able to repay the 1,7 million-
dollar loan within the five-year time frame. He also
mentioned that the Promissory Note would be for a term
of 40-60 years at the rate of 3% interest.
Mayor Lozano continued to quote from the Evidence of
Financing". He mentioned that he does not have the
contract. He flarther stated that he does not see an
advantage for the City of Baldwin Park in the contract.
He continued quoting from the agreement entitled
Subordination of Affordability Covenant" and feels that
the contract could be written differently.
Mayor Lozano said that he is not comfortable in taking
this risk. He is not willing to gamble a million plus
dollars.
In response to Mayor Lozano's concerns, Director
Cervantes clarified that the 1.7 million dollars represents
three parts. The first part has already incurred about
$144,000. The $200,000 represents a neighborhood
improvement. The initial conveyance would be
$1,355,000 that would go for the closing of parcels and
the demolition and closing costs related.
David Ferguson said that the 9% tax credit program is 55
years. Plus the five equals 60. The loan amounts must be
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8City Council Minutes June 2, 1999 Page 11
matching in term with the State and Federal tax credit
requirements. If it is 9%, then it is a 60-year loan. If it is
4%, then it is a 35-40 year loan. He flirther stated that it
is customary for the contract to be provided at a later date.
The tax credit partner is typically the Edison Company
and we have to get the credits, then we form the
partnership, and it is sent on a tri-party arrangement for
the city to sign off on.
David Ferguson, additionally stated that his company
does not have the resources to start the project without
any city assistance. He said that the company already
invested 5 million dollars into the property. The items,
which Mayor Lozano has been quoting from the contract,
are actual legal information transferred from other
documents, which have been used for years.
After lengthy discussion, Councilwoman Gair suggested
to Mayor Lozano, that this matter be continued in an
effort to discuss and address his concerns and other
concerns pertaining to the Development Agreement and
supporting documentation.
A motion was made to continue this matter to the June
16Z meeting.
MOTION: Mayor Pro-Tem Van Cleave
SECOND: Councilwoman Gair
Motion Carried
SPECIFIC PLAN AND Mayor Lozano declared the public hearing OPEN for
DEVELOPMENT PLAN public participation. There were no speakers.
SAFRAN & ASSOCIATES
PROJECT CORAK ST) A motion was made to continue item this matter to June
16, 1999.
MOTION: Mayor Pro Tem Van Cleave
SECOND: Councilwoman Gair
Motion Carried
ZONE CHANGE REQUEST Mayor Lozano declared the Public Hearing Open for
FROM IC PD) TO IC(PD)(O) public participation. There were no speakers.
APPLICANT: KEN SPIKER &
ASSOCIATES CASE Z-509 A motion was made to continue this matter to June 16
1999.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion carried
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8City Council Minutes June 2, 1999 Page 13
Approved as presented by the Council at their meeting
held July 7, 1999.
Rosemary M. Ramirez, Deputy City Clerk
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8City Council Minutes June 2, 1999 Page 12
REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES
SHOP BALDWIN PARK PROGRAM Transit Coordinator Bouton presented the report as
follows: The Shop Baldwin Park" was a success. The
kids took time to benefit the city. The posters, flyers,
bumper stickers, discount books, and discounts will be
seen continually.
Upon question from Mayor Pro-Tern Van Cleave,
Coordinator Bouton said that these posters might be
placed in stores to be seen by the public. The Mid-Valley
Consortium will hang a poster in their El Monte office. It
was also suggested that the posters be used as a back drop
for the Recreation Department's summer concert senes.
COUNCIUSTAFF REQUESTS AND COMMUNICATIONS
RECREATION GRANT Mayor Lozano requested sending a letter to State Senator
APPLICATION Solis for the $1 million that could end up in Baldwin Park
for a Teen Center. Director Nunez his staff are to be
commended for a job well done.
PUBLIC WORKS GRANT Councilwomen Gair said that Wendy Lemm-Harris
received a $25,000 grant for the resilient service in Barnes
Park.
TRANSIT SERVICES GRANT Director Hathaway mentioned that $137,000 was received
in a grant for Transit Coordinator Kara Bouton.
QUIET ZONE MATTER Mayor Lozano asked staff to send a letter to residents in
reference to the Metrolink and the quiet zone issue.
MEETING WITH TRAILER Councilman Pacheco asked Steve to have a meeting with
PARK TENANTS the residents of the Trailer park, since their permit is
going to be up in November.
CLOSED SESSION
PUBLIC EMPLOYEE The item entitled LBHC EMPLOYEE DISCIPLINEI
DISCIPLINEI DISMISSAL! DISMISSAL! RELEASE" was pulled from this agenda.
RELEASE
ADJOURN There being no other maffers for discussion, Mayor
Lozano adjourned the meeting at 10:20 p.m. There were
no objections.
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