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HomeMy WebLinkAbout1999 12 15 CC MIN1999 12 15 CC MINòw @˜€2CC MIN DEC 15 1999â›[H"t8COUNCIL CHAMBER DECEMBER 15,1999 14403 E. PACIFIC AVENUE WEDNESDAY BALDWIN PARK, CA 91706 7:00P.M. The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and place. ROLL CALL: Present: Council Members Ricardo Pacheco, Linda Gair, Marlen Garcia, Mayor Pro-Tem William Bill" Van Cleave, and Mayor Manuel Lozano. Also Present: Arnold Alvarez-Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard LeGarra, Chief of Police; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro, City Treasurer; Kathryn Tizeareno, City Clerk; and Rosemary Ramirez, Deputy City Clerk. PLEDGE OF ALLEGIANCE Miguel Hidalgo led the Pledge of Allegiance. PROCLAMATIONSICOM MENDATIONSIPRESENTIONS CERTIFICATE OF RECOGNITION Mayor Lozano was joined by the City Council as they PRESENTED TO LARRY WALTON presented Certificates of Recognition to Larry Walton AND SALLY WEICK and Sally Weick for their dedication and involvement in the community, specifically the annual Thanksgiving Dinner that has been going on for five years. Larry Walton thanked the City Council, Chief LeGuerra, Director Ralph Nunez and his staff), and Mayor Pro- Tem Bill Van Cleave for getting the kids from Baldwin Park Beautiful together to help serve at the Thanksgiving dinner. He also thanked Sheriff Lee Baca and District Attorney Gil Garcetti for their presence and support of this event, and everyone who participated and helped to make this community event a success. Sally Weick commended Larry Walton and recognized him for starting such a wonderful program. She thanked everyone for their help, stating that this event would not be possible without their support. Mayor Lozano recognized and thanked Sara Weick, a 17-year- Sierra Vista High School student who was instmmental in bringing over one-hundred students to volunteer for this Thanksgiving dinner. The Mayor thanked Sara for her commitment and service to the community. Jessie Carlos, of Congressman Matthew Martinez's office presented a certificate of Congressional Recognition to Larry Walton and Sally Weick. BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2CC MIN DEC 15 1999â›[H"t8City Council Minutes December 15,1999 Page 2 Mayor Lozano thanked staff for their participation in this event, and also thanked Mayor Pro-Tern Van Cleave for appearing as Santa Claus at the dinner. PUBLIC COMMUNICATIONS WATER ISSUES Larry Walton, Board Member of Valley County Water District, wished to clarify some issues with regards to water contamination. He stated that we have 10 wells; 6 are not operable and the remaining four do contain good water. Those wells have to meet state and federal regulations. The Water District is currently working on another program on Big Dalton that will bring in another resource. This will cost zero dollars to our taxpayers. Mr. Walton also let everyone know that Prop 13 will be on the ballot in March. Mn Walton directed all inquiries and concerns to the Valley County Water District INVITATION TO A CHRISTMAS OPEN Jessie Martinez, representative from Congressman HOUSE Matthew Martinez's office, extended an invitation to the Coundl and community to attend a Christmas open house on December 17, 1999 from 1:0Z4:00p.m., at the District Office in Alhambra. SPECIAL RECOGNITION MAYOR PRO Sara Van Cleave, 1323 Emery Avenue, wanted to let TEM VAN CLEAVE everyone know how proud she is of her father, Mayor Pro-Tem Van Cleave. She publicly stated her support of her father's decisions as they relate to the city. INTRODUCTION OF SOUTHERN CALIFORNIA Vincent Haydel, Region Manager for Southern EDISON'S AREA DISTRICT MANAGER, California Edison, announced that he has been VINCENT HAYDEL appointed as the Area District Manager and will be representing the City of Baldwin Park. Mr. Haydel represented Baldwin Park between 1992-1996 and is glad to be back. Mr. Haydel invited the Council and audience members to a presentation on Y2K issues and concerns to be held in Irwindale on December 17, 1999. COUNCILWOMAN GAIR PUBLIC Councilwoman Linda Gair, wanted to thank everyone ACKNOWLEDGEMENT for the flowers and phone calls she received concerning the health of her husband Bob. He is currently in the hospital but he is doing real well. BALDEY VIEW TRAILER PARK Mayor Lozano stated that the City Council would not be reviewing any of the Trailer Park issues at this time. This matter will be brought back before the City Council for further review in March, 2000. BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2CC MIN DEC 15 1999â›[H"t8CityCouncilMinutes- December 15,1999 Page 3 Attorney Alvarez-Glasman reassured everyone concerned with this matter that there would be an outreach for residents and staff for information regarding this matter. This will however, be announced at a later Ume. CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows: CONSENT CALENDAR ITEMS REMOVED As a point of order, Attorney Alvarez-Glasrnan asked that following item be pulled from the City Council Consent Calendar Agenda and moved to the Housing & Financing Consent Calendar portion of that agenda. 1) Item 1-G, ANNUAL CONTRIBUTION CONTRACT RENEWAL FOR PROJECT CA 160-0003-018. Councilwoman Gair asked that the following item be pulled for discussion: 1) Item 1-F, APPROVAL TO SOLICT BIDS FOR PARKING CITATION PROCESSING SERVICES. Councilwoman Garcia asked that the following item be pulled for discussion: 1) APPROVAL OF MINUTES. CLAIMS AND DEMANDS Further reading was waived and Resolution No.99-96 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK' was adopted. Mayor PrZTern Van Cleave abstained on all warrants to Mr. Bill's Hardware financial conflict of interest). TREASURER'S REPORT Treasurers report for the month of November, 1999 was received and filed. ADOPT ON SECOND READING, Further reading was waived and Ordinance 1153 ORDINANCE 1153 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 9, CHAPTER 97 STREETS, SIDEWALKS AND PUBLIC PLACES) BY ADDING SECTIONS 97.135 THROUGH 97.138 TO THE MUNICIPAL CODE, RELATING TO THE SOLICITAION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS WITHIN THE PUBLIC RIGHT- OF-WAY AND COMMERCIAL PARKING AREAS" was adopted on second reading, read by title only, and further reading was waived thereof. BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2CC MIN DEC 15 1999â›[H"t8CityCouncilMinutes- December 15,1999 Page 4 AWARD OF CONTRACT FOR THE DESGIN Design contract was awarded to S. A. Associates in the OF THREE STREETS IN THE CITY OF in the amount of $313000 for the design of three 3) BALDWIN PARK, CIP 867 streets, CIP 967. $15,000 of Gas Tax funds was appropriated to complete the design and the Mayor was authorized to execute the agreement. CONSENT CALENDAR APPROVED A motion was made to approve the consent calendar as presented. MOTION: Councilman Pacheco SECOND: Councilwoman Gair Motion carried. CONSIDERATION OF CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION APPROVAL OF MINUTES Councilwoman Garcia stated that because she was not a Council member during the time for which the minutes are presented, she would abstain from approving the minutes. A motion was made to approve the minutes as presented, of September 15, 1999 Study Session); October20, 1999 Regular Meeting); November 3,1999 Study Session); November 17, 1999 Study Session; and, November 29,1999 Special Meeting). MOTION: Councilman Pacheco SECOND: Mayor Pro-Tem Van Cleave ABSTAIN: Councilwoman Garcia Motion carried. APPROVAL TO SOLICT BIDS FOR PARKING Councilwoman Gair stated that a couple of years ago, CITATION PROCESSING SERVICES discussions were held with regards to hand held citation equipment. At that time, it was understood that using hand held equipment would give the city 100% of the revenues collected. Councilwoman Gair would like staff to look into this matter. A motion was made to authorize staff to proceed with obtaining Request for Proposals I Request for Qualifications for parking citation processing services. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. PUBLIC HEARINGS CONSIDERATION OF AN APPEAL TO THE Acting Principal Planner Amy Harbin presented the PLANNING COMMISSION'S CONDITION OF report as follows: APPROVAL CASE NO. CPA04; ALLAN COMPANY Approximately two years ago, Allan Company expanded onto the adjacent property to 14604 Arrow Highway which allowed them to separate the general public buyback operation and the commercial trucks delivering recyclable collected materials. According to BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2CC MIN DEC 15 1999â›[H"t8City Council Minutes December 15, 1999 Page 5 Joe Pearson, of Allan Company, this expansion configuration has resulted in reduced traffic on Arrow Highway, better ingress and egress for the public buy- back operation and the trucks delivering the curbside recylables, and more maneuvering area for both passenger vehicles and commercial trucks. Additionally, Allan Company's sorting and recycling program assists surrounding cities, including Baldwin Park, in meeUng the requirements of AB939. Condition c) of Planning Commission Resolution PC 99-22 was a requirement of the City's Municipal Code, Section 152.25, subsection Cl). According to the Engineering Division, they required condition c) due to the fact that the existing building located at 14618 Arrow Highway), which is used for recycling and processing, extends over one of the property lines into separate lot under the same address, but different parcel number, reference the Vicinity Map) that has street frontage along Joanbridge Street. At their meeting on October 13, 1999, the Planning Commission voted to approve the project and recommended that the City Council approve Allan Company's appeal to remove Condition c) of Planning Commission Resolution No.99-22. City Council has two options regarding this appeal. The first option would be to approve the appeal, eliminate Condition c) of Resolution 99-22, require that the applicant submit a Parcel Map for a Reversion to Acreage to consolidate the four 4) existing lots into one 1) lot and, require that the Applicant comply with all remaining conditions of approval as stated in Commission Resolution 99-22. The second option would be to deny the appeal of Allan Company and require that the Applicant comply with all conditions of Planning Commission Resolution 99-22, approved on October13, 1999. Mayor Lozano declared the public hearing OPEN for public participation. APPLICANT: Joe Pearson with Allan Company and Jason Young with Allan Company concurred with the report as presented by Acting Principal Planner Harbin Jason Young stated that they are ready to proceed, they have everything that Planning has asked for. They are just waiting for approval so they can proceed. There being no one else wishing to speak, Mayor Lozano CLOSED the public hearing. BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2CC MIN DEC 15 1999â›[H"t8CityCouncilMinutes- December 15,1999 Page 6 DISCUSSION Councilwoman Gair asked if the Municipal Code would require consolidating properties to meet the requirements of CUP. Councilwoman Gair also asked if the City Council would be setting a precedence by approving this matter. City Attorney Alvarez-Glasman stated that he did not see a problem with the matter. In response to Councilwoman Gair's inquiry, City Attorney Alvarez-Glasman confirmed that the Planning Commission did approve the mailer. A motion was made to waive further reading and adopt Resolution 99-97 entitled, ZRESOLUTlON OF THE CITY OF BALDWIN PARK, APPROVING AN APPEAL BY ALLAN COMPANY THAT REQUESTS REMOVAL OF CONDITION C" OF PLANNING COMMISSION RESOLUTION 99-22 APPLICANT JOE PEARSON, REPRESENTING ALLAN COMPANY; LOCATION: 14604-14618 ARROW HIGHWAY; CASE NO.: CP- 404)". MOTION: Mayor Pro-Tem Van Cleave SECOND: Councilman Pacheco Motion carried. CONSIDERATION OF AN APPEAL TO THE Acting Principal Planner Amy Harbin presented the CITY COUNCIL RELATING TO THE REQUEST following report: OF A CONDITIONAL USE PERMIT, ZONE VARIANCE AND TENTATIVE TRACT MAP The Design Review Committee evaluated this project FOR A 20 LOT SINGLE-FAMILY DENSITY based on architectural design, aesthetic quality, BONUS DEVELOPMENT. CASE NO.: CP-592, compatibility design with adjacent land uses, and ZV-563 AND TM-52828, LOCATION: 14125- conformance with the general plan and all adopted 14139 MERCED AVENUE; APPLICANT: D.C. development standards. There were several concerns with this project by the Design Review Committee as well as input that was received from various entities, Council members, and various individuals throughout the community. One concern was the density of the proposed project. Another issue raised was neighborhood compatibility, in that the developers are proposing a majority of the units to be two story residences while the surrounding areas are single family residential. After assessing the concerns and input submitted, staff recommended denial of the application at the November 10, 1999 meeting of the Planning Commission. During the Planning Commission Public Hearing, several residents echoed the Commission's concerns BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2CC MIN DEC 15 1999â›[H"t8CityCouncilMinutes- December 15,1999 Page 7 with regards to high density, compatibility, and lack of aesthetics. There are four recommendations that the City Council can consider regarding this case as follows: 1) Approve the Resolution of denial as presented; or 2) Approve the Plans as submitted and directed staff to draft a Resolution of approval with conditions of approval specific to the listed entitlements; or 3) Direct staff to work with the developer and come back to the City Council with a modified site plan; or 4) Refer the cases back to the Planning Commission least desirable option). In response to Councilwoman Gair's inquiry, Attorney Alvarez-Glasman stated that she does live in excess of 300 feet from the proposed project and her participation and vote on this matter would not be a conflict of interest. Coundlwoman Gair asked the Mayor to please allow the appellant enough time to state his case. At the Planning Commission meeting, the Planning Chair did not permit the applicant enough time in which to present his case, rather, he was cut off abmptly. Mayor Lozano responded, stating that the appellant would be given all the time he needed to present his case. Mayor Lozano declared the Public Hearing OPEN for public participation. APPLICANT: Don Cook, D.C. Corporation, 14579 Channing Street, referred to Staff Report dated December 15,1999. Mr. Cook highlighted those areas of the staff report of which he feels am inconsistent and/or inaccurate, and provided lengthy rebuttal to those areas of concern. In addition, Mr. Cook summarized the handing of this matter, stating that this project was first brought to our attention by the City in October 1998. It was refined and submitted to the City Council in December 1998 as a 22 unit project. After a meeting with the City Council on December 16,1998, the project was reduced to 20 units. On January 6, 1999, the City Council voted its commitment to the 20 unit Paddy Lane project. On February 5, 1999 we submitted all plans and applications for Design Review in order to begin the entitlement process. BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2CC MIN DEC 15 1999â›[H"t8CityCouncilMinutes- December 15,1999 Page 8 On Feb 17,1999 stating that the Negative Declaration of Environmental Impact had been prepared and noticed, the Redevelopment Agency approved an agreement1 which required DC Corporation to build 20 new homes. The staff report acknowledged that the project was already in the Design review process at that time. In May when we inquired of the status of the Paddy Lane review we were told everything was missing. It had all disappeared. It was at that time we made additional copies and resubmitted on May 19. On June 16,1999 we sent a letter to Mr. Larry Onaga requesting status of our submission. On June 24,1999 we sent another letter stating as the submission had occurred more than 30 days prior our submission was deemed approved. On June 25, 1999 we received a letter from Mr. Cervantes staflng that he would place us on the Planning Commission agenda as soon as possible. Receiving no satisfaction from the staff, on July 6,1999, we had a meeting with the Mayor, Councilwoman Gair, Mr. Cervantes and other staff members. At that meeting Mn Cervantes told those present that the project would appear on the July 28, 1999 Commission meeting. On July 13,1999 we received notice from Mr. Onaga that there was a problem with the Paddy Lane submission. On July 14 and submitted numerous additional documents to address his comments and concems. On July 28, without allowing us to speak or comment on the factual errors and misrepresentations in the Staff report, the Planning Commission continued us indefinitely. On Oct 13,1999 the project was scheduled for hearing before the Planning Commission with a favorable recommendation from Staff and the Design Review Committee. We were once again continued when the Negative Declaration of Environmental Impact which existed in February and July 1999, and according to the staff report, existed on Oct 1), could not be found. On November 10, 1999, staff presented its report to the Planning Commission recommending denial of our application. BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2 CC MIN DEC 15 1999â›[H"t 8CityCouncilMinutes- December15, 1999 Page 9 After lengthy discussion and in conclusion, Mr. Cook strongly encouraged the City Council to overturn the Planning Commission's decision to deny and approve the projects as submitted. David Cook, Developer, invited the Council to view a series of photographs of other projects in the City of Baldwin Park. During his overhead presentation, Mr. David Cook identified each photograph. Upon conclusion of the overhead photo presentation, Attorney Alvarez-Glasman noted that Edward Lee, Attorney representing D.C. Corn., had delivered a seven page correspondence which will be made part of the record in these proceedings. Attorney Alvarez Glasman also requested a copy of the photographs for the record. Mr. Lee acknowledged the request Edward Lee, Attorney representing D.C. Corn., spoke on the matter as follows: The law requires that there must be substantial evidence on the record to support the decision on these land use entitlements. My client, DC Cornoration has provided to you facts that would strongly support approval of this project. Mr. Cook has also cited a long history of the Paddy Lane project with the City dating back to 1997. At no time did they, as developers, receive any written advice from the City that these applications were incomplete. As a result, the time period upon which the City must act in deciding and reviewing the merits of this project, has started to run. Facts further indicate that the negative declaration on this project was actually completed and noticed as early as January of 1999. There has been a ten plus month delay in terms of the developer receiving any decision or consideration on the merits of this project. The record on this project indicates that there has been no basis for delay, nor has there ever been any written agreement by the developer for delay of the project in consideration of this project. At the July, 1999 Planning Commission meeting, the City Attorney raised this concern with the Planning Commission. At that point, the Planning Commission decided to continue this matter again. In the written testimony that I submitted this evening, I also have raised a question of violation or potential violation of my clients due process rights. Based on the merits as well as the policy matters relating to this case, the Council is requested to overturn the decision BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2 CC MIN DEC 15 1999â›[H"t 8City Council Minutes- December 15,1999 Page 10 of the Planning Commission and approve these projects. PROPONENT: John Gerrard, business owner, spoke in favor of the project. The City needs quality housing. The projects that the Cooks have built in the past have been a very good improvement for the City. I urge the City Council to approve the projects. OPPONENTS Ms. Kay Horsh, residence unknown, asked specific questions related to the photographs presented by Mr. Cook. She inquired as to whether or not those homes were built without permits. Attorney Alvarez-Glasman reminded Ms. Horsh that the testimony presented at this time must be specific to the present application. Ms. Horsh gave no additional testimony. REBUTTALS None There being no one else wishing to speak, Mayor Lozano declared the public hearing CLOSED. DISCUSSION In reply to Councilwoman Garda's inquiry, Mr. Don Cook advised her that he was in the military during the time that the project on Channing was being constructed. In response to Councilwoman Garcia's concerns, Mr. Don Cook stated that DC Corporation has met the open space requirements for the city. DC Corporation's goal is to provide the best affordable housing available in the city. Mr Cook further stated that persons on the waiting lists for these homes are residents of the City of Baldwin Park. with regards to the funding, DC Corporation has one year to use the funds allocated for this project. If not used within that year, the funds will revert back to the County. Regarding the application process and qualification of applications, Mr. Cook stated that this function is handled by DC Corporation in accordance with the OPA). In answer to Mayor Pro Tern Van Cleaves inquiries, Mr. Don Cook stated that the previous Merced project consisted of 16 units; 14 new and 2 rehabilitated. Mr. Cook stated that of the 16 units, 12 were purchased by Baldwin Park residents. Mayor Pro Tern Van Cleave commended DC Corporation on the quality of their homes. Councilwoman Gair expressed regret with the manner in which this mailer has been handled. She was especially disappointed in the manner in which DC BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2 CC MIN DEC 15 1999â›[H"t8City Coundl Minutes December 15, 1999 Page 11 Corporation was treated by the Chair at the Planning Commission of November 10, 1999. Councilwoman Gair further stated that the current staff is not responsible for the consequences that have evolved. Councilwoman Gair does not feel that the development of 20 homes is going to create overcrowding in our schools. Councilwoman Gair believes that the current council should work with the developer on this project and hopes that staff learned a lesson from this, to not pick up the biases and prejudices that might have been handed down to them from prior employees but rather, to make good decision on their own. Councilman Pacheco commended the Planning Commission on their handling of this matter. In response to Councilman Pacheco's questions, Mr. Don Cook replied that developers are required to pay a state mandated school tax for developments such as this. Councilman Pacheco expressed concern with the lot sizes as they relate to this project. He feels that the lots could be 5000 sq. ft., as opposed to the 4,300 sq. ft. as proposed. In reply to Councilman Pacheco's concern regarding the noise and vibration levels of the development being so close to the Metrolink tracks, Mr Don Cook stated that if the council so desires, a 20 ft. high, 470 linear feet wall will be installed at the expense of the developer. RECESS The City CouncillAgency recessed at 9:55 p.m., and reconvened at 10:15 with all members present. D.C. CORPORATION Confd) In response to Mayor Lozano's inquiries, Mr. Don Cook stated that funds in the amount of $910,000 have been approved by the County of Los Angeles. Mayor Lozano stated for the record, that in January, he did vote for the actual project. At this point, I have a different frame of thought. I probably wouldn't support the actual project the way it is right now, but I am willing to take this back to staff and bring back the conditional use permit. I would suggest that this matter be deferred back to the planning staff, the City Attorney's Office and to the Chief Executive Officer, so that they can meet with the developer in hopes of reaching an amicable solution as they relate to establishing reasonable conditions of approval. Councilman Pacheco expressed his concern of the density issue and asked that this matter be reviewed during this process. BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2 1999 12 15 CC MINòw @˜€2 CC MIN DEC 15 1999â›[H"t 8City Council Minutes- December 15,1999 Page 13 PLANS AND EXTENDING THE TIME LIMITATIONS IN WHICH SAID PROJECT AREAS MAY INCUR OR PAY INDEBTEDNESS OR RECEIVE PROPERTY TAXES", MOTION: Councilwoman Gair SECOND: Mayor Pro Tern Van Cleave Motion carried. COUNCIUSTAFF REQUESTS AND COMMUNICATIONS ESTABLISHING POLICY REGARDING Councilwoman Garcia requested that this matter be QUALIFICATIONS AND SELECTION OF placed on this agenda for discussion and or action. COMMISSION MEMBERS This matter has been brought up by Councilwoman Gair in the past, however no discussion or action was taken at that time. There are currently two 2) members of two different commissions that serve as elected officials on other boards within the City. Councilwoman Garcia stated that she would like the Council to review this and consider establishing a policy that would prohibit an individual from holding office as an elected official while serving on a city appointed commission. Councilwoman Garcia feels that with 70,000 plus resident population in the City of Baldwin Park, Council should be able to find other individuals to fill these seats. In addition, a policy such as this would provide a greater opportunity for leadership in the City. A motion was made to refer this matter to staff to establish a policy on this matter and bring back this item on January 5, 2000. MOTION: Councilwoman Garcia SECOND: Mayor Pro-Tern Van Cleave Motion carried. MAYOR'S MESSAGE This being the last meeting of the Century, Mayor Lozano commented that as we move into the 21th Century, we all have an obligation to move the City of Baldwin Park in a forward direction. As a team, we can and will accomplish great things for the city. Mayor Lozano wished to thank each staff member, those present and those not, and each Council Member for their hard work and dedication to this community. ACTION FOR BETTER CITIES Councilwoman Gair suggested that the City consider becoming a member of Action for Better Cities" and consider making a $500.00 donation to help create a lobbying organization that will seek to get money back for the city. Councilwoman Gair asked that this mailer be brought back to the council. Interim Chief Executive Officer Keller stated that this item would be on the neA agenda on the claims and demands for their review. BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 12 15 CC MINòw @˜€2CC MIN DEC 15 1999â›[H"t8City Council Minutes- December 15,1999 Page 14 REVITALIZATION WORKSHOP Councilman Pacheco was pleased to see the number in attendance at the Revitalization Workshop held on December 7,1999. He thanked staff members for their participation and hard work on this project. ADJOURN There being no further mailers to be discussed, the meeting was adjoumed at 10:35p.m. Approved as presented at meeting held March 15, 2000. Rosemary M. Ramirez Deputy City Clerk BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 CC MIN DEC 15 1999â›[H"t 8City Council Minutes- December 15,1999 Page 12 Attorney Lee stated that his client is willing to negotiate and apply reasonable conditions of approval to the project i.e., different type of material, a different type of tree etc., however, his client is not willing to re-negotiate the design of the projects. A motion was made to continue this matter to January 5, 2000. In the interim, a meeting is to be scheduled which will include only the planning staff, City Attorney. Chief Executive Officer and applicant for the purpose of negotiating and applying conditions of approval. MOTION: Councilwoman Gair SECOND: Mayor Pro Tern Van Cleave Motion carried. CONSIDERATION OF AN APPEAL City Council agreed to continue this mailer to January TO THE CITY COUNCIL RELATING 5, 2000. TO A CONDITIONAL USE PERMIT, ZONE VARIANCE, AND TENTATIVE Attorney Lee stated that there are specific facts TRACT MAP FOR AN 11 LOT SINGLE related to the Bleecker project that have not been FAMILY DENSITY BONUS DEVELOP- presented. Mr. Lee asked for council assurance that MENT CASE NOZ: CP-573, ZV-641 discussions on the Bleecker project be deferred. with AND TM-52451; LOCATION: 4906- that, Mr. Lee reserves the right to present materials to 4922 BLEECKER STREET; the Council at the January 5, 2000 meeting. APPLICANT: ID C CORPORATION There were no objections. A motion was made to continue this mailer to January 5, 2000. MOTION: Councilwoman Gair SECOND: Mayor Pro Tern Van Cleave REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES URGENCY ORDINANCE NO.1154 Attorney Alvarez-Glasman informed the Council/Agency RELATING TO TIME EXTENSIONS staff that a special legislation will expire shortly which IN WHICH PROJECT AREAS MAY will allow the City Council to quickly and easily extend INCUR OR PAY INDEBTEDNESS Redevelopment Agency project area termination dates. AB 1342 The legislation, which expires on December 31,1999, was sponsored by the State Assemblywoman Napolatino and allows all Agencies to use the emergency legislation to extend project termination time lines. A motion was made to read by title, waive further reading thereof, and adopt urgency Ordinance No.1154 entitled, AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN REDEVELOPMENT PROJECT AREA PLANS PURSUANT TO THE PROVISIONS OF THE ASSEMBLY BILL 1342 THEREBY EXTENDING THE LIFE OF THE REDEVELOPMENT PROJECT BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 15-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3922-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 12-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3946-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05