HomeMy WebLinkAbout2006 02 06• THE MEMBERS • THE AFOREMENTIONED AGENCIES ArID TAE CIT'T CLEW-�-4•
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
MONDAY, FEBRUARY 6, 2006 at 6:00 P.M. at City Hall, 3 d Floor, Room 307, 14403 E.
Pacific Avenue, Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
01LOX61=11:4 Nill WTV 140 --]=I 51
Dated: February 2, 2006
"original signed"
Manuel Lozano
Mayor
1, Rosemary M. Ramirez, Chief Deputy City Clerk of the City of Baldwin Park, certify that I
caused the aforementioned Notice and Call of a Special Meeting to be delivered via email
(hard copy to follow) to each Member and to the San Gabriel Valley Tribune, and that I posted
said notice as required by law on February 2, 2006.
Rosemary M. Ramirez
Chief Deputy City Clerk
City Council
Special Meeting Agenda — February 6, 2006
Uel:Q1l _1
A 110 A .
FEBRUARY . 2006
SPECIAL MEETING
CITY HALL — 3 • Floor, Room 307
11 P.M.
J
r A
Manuel Lozano
David J. Olivas
Anthony J. Bejarano
Marlen Garcia
Ricardo Pacheco
[)WIIN
- Mayor /Chair
- Mayor Pro Tem/Vice Chair
- Councilmember /Member
Councilmember /Member
Councilmember /Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish- speaking interpreter is
available for your convenience.
City Council
Special Meeting Agenda — February 6, 2006
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que este bajo su jurisdiccion.
Si usted desea la oportunidad de dirigirse al Concilio o
alguna de sus Agencias, podra hacerlo durante el
periodo de Comentarios del PCibllco (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por cinco (5) minutos.
Hay un interprete para su conveniencia.
CITY COUNCIL
SPECIAL MEETING — 6:00 P.M.
•- • Z
ROLL CALL Councilmembers /Members: Anthony J. Bejarano, Marlen
Garcia, Ricardo Pacheco, Mayor Pro Tern David J. Olivas and
Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PER/ODO DESIGNADO PARA D/RIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL /NTERPRETE
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracidn en juntas proximas. [Codigo de Gobierno §54954.2]
OPEN SESSION
1. STUDY SESSION TO DISCUSS OPTIONS FOR ENHANCING THE
EFFECTIVENESS OF THE CURRENT CODE ENFORCEMENT EFFORTS AND TO
IMPROVE THE APPEARANCE OF OUR CITY
Recommendation: Staff recommends City Council provide direction on the following:
Is staff's assessment of Council's expectations appropriate? If so, then support staff's
efforts and authorize staff to: 1) Proceed with amendment of Nuisance Abatement
section of the Municipal Code and bring it before the Council for approval; 2) Develop
for Council approval an Administrative Citation Ordinance; 3) Authorize staff to proceed
with development of education and awareness programs; and 4) Bring for Council
approval budget appropriations for additional staff and resources.
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City Council
Special Meeting Agenda — February 6, 2006
CERTIFICATION
I, Rosemary M. Ramirez, Chief Deputy City Clerk of the City of Baldwin Park hereby certify
under penalty of perjury under the laws of the State of California, that the foregoing agenda
was posted on the City Hall bulletin board not less than 24 hours prior to the meeting. Dated
this 2ND day of February, 2006.
Rosemary M. Ramirez
Chief Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item
on this agenda are available for public viewing and inspection at City Hall, 2"d Floor Lobby Area
or at the Los Angeles County Public Library in the City of Baldwin Park. For further information
regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or
626.960.4011, ext. 466 or via e -mail at rramirez _baldwinpark.com or Inietop_baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Public Works Department or Risk Management at
626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable
arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll)
City Council
Special Meeting Agenda — February 6, 2006
IqII
BALDWIN
P•A,R•K
{
TO: Honorable Mayor and Members of the City Council
P
FROM: Vijay Singhal, Chief Executive Officer
DATE: February 6, 2006
SUBJECT: Study Session to discuss options for enhancing the
effectiveness of the current Code Enforcement efforts and to
improve the appearance of our City.
_.G
To develop proactive as well as more effective enforcement programs to improve
City's aesthetic appearance. There is a need to improve the effectiveness of the
current code enforcement program to meet Council and community's current
expectations. Staff feels that the program priorities, focus and approach should be
changed to make enforcement efforts more aggressive and compliance speedier.
More importantly, there is a need to develop proactive programs to generate
community awareness and encourage participation as well as to change the mind set
and send a message "We are proud of our community and we will make it the
best place to be ". Staff is presenting here for council consideration, a program that
will allow us to work together with various stakeholders to accomplish our goal of a
"better Baldwin Park ".
Enhancing and improving City's image is a big desire of the council. One of the ways
to improve the image is to improve its appearance. Even though our city is fairly good
in terms of appearance and programs such as shopping center committee have
shown positive impacts, there is more that can be done to enhance our appearance.
As you drive around town you come across graffiti, poorly maintained buildings and
businesses, unsightly landscaping, inoperable vehicles, vehicles parked in front
yards, furniture, and household appliances in the front and back yards as well as on
sidewalks.
Developers, investors, prospective homebuyers, and businesses are particularly
sensitive to neighborhoods and businesses with poor appearances. An unattractive
appearance creates a downbeat first impression of the City to visitors and a negative
impact on property values. For example, graffiti suggests gangs, unsightly
businesses and residences suggest blight. A poor appearance also adversely
Code Enforcement Study Session
February 6, 2006
impacts our efforts to attract quality development and commercial enterprise.
On the other hand, a clean and beautiful neighborhood and community creates a
sense of safety and pride. We all like to visit parks, community centers, malls and
shopping arcades, which are clean and appealing. There are many communities
where the property values are much higher than others, not necessarily because
they offer something special such as free services or discounts but because they are
perceived as safer and more beautiful and people are willing to pay a premium to live
there and businesses are willing to invest there.
Therefore the need to improve the City's appearance cannot be overemphasized.
The challenge however, is how do we impact change and improve things?
Code enforcement is not the best solution. Enforcement efforts take a lot of time,
patience and money. Further there are many businesses and residences, which set
a positive example.
Therefore we expect to promote the good and target the bad by a combination of
proactive and enforcement programs.
We therefore plan on developing a program that includes the following:
❑ Changing the mindset
❑ Generating community awareness
❑ Implementing good education and marketing campaigns
❑ Providing opportunities for voluntary participation
❑ Stricter and consistent enforcement
The success of any public effort depends on the level of support and participation it
receives from the public. In order to make a real impact we must modify the behavior
and change the mind set because "a staff of few people cannot clean up a mess
that is created by many day after day ?" Our success depends on encouraging
voluntary compliance and reduction at the source.
A successful program must have the following two components:
• •
• •. • •
An effective proactive approach must have two elements:
❑ Voluntary compliance A majority of the problem can be resolved if
everyone took care of their own responsibility to take good care of their
properties and did not dump undesirable items everywhere. This can be
accomplished by generating awareness through education programs
promoting standards, rewards and recognition and by creating peer pressure.
Code Enforcement Study Session
February 6, 2006
❑ Community participation Another significant portion of the problem can be
resolved by active community participation particularly from agencies such as
churches, chamber, schools, business groups and neighborhood groups to set
examples, market the message, promote education and awareness programs
as well as helping those who do not have the resources to do the necessary
cleanup.
Enforcement (Make it harder to get away)
No matter how effective the proactive programs are there are always those limited
few who do not care or who are not willing to do anything.
It is important to send a strong message to these limited few that they cannot get
away with such a behavior. In order to do so we must have all the tools necessary
to ensure speedier compliance from these people.
Following are some additional elements of the two approaches
Voluntary Compliance and Community Participation
Bring everyone together
As part of this approach, we will have to change our mindset that it is not ok to not
keep our community clean and to show that it is not just the City's responsibility to
clean. A community is made up of many people and let us all participate to make it
a better place.
A private and voluntary program where people who have the desire and
commitment to make a difference come together for a common cause has a far
greater impact than any enforcement program. Therefore as part of the program we
will urge members of the community, civic organizations, service clubs and the
Chamber of Commerce to join hands and generate awareness, educate people and
help those who need help to create a more appealing Baldwin Park.
Some of the tools may include:
❑ Preparation and distribution of flyers to residents and businesses
❑ Bringing this matter to the neighborhood watch and other community groups
❑ Promoting a campaign such as "take pride in Baldwin Park by keeping it clean
and beautiful"
❑ Developing posters and placing them at public buildings
❑ Encourage Chamber and local businesses to promote this program
❑ Encourage churches and other civic organizations to participate in awareness
programs and help organize cleanup
❑ Organize art contests for kids with a theme of clean neighborhoods
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Code Enforcement Study Session
February 6, 2006
❑ Develop a rewards program for businesses
❑ Promote and market business improvement loans for businesses
❑ Staff is exploring a tax credit program for businesses to encourage them to
maintain appealing facades including signage
❑ Use public access channel to show clips and promote program
❑ Organize community cleanups
❑ Develop and distribute promotional items to generate awareness and
importance of clean community
❑ Our Shopping Center Committee has been very effective. We might expand
the scope of create a similar forum
Enforcement
Create more flexible and more effective tools (more comprehensive code)
For those who do not care, we, the city, will more aggressively exercise our
regulatory powers to enforce the codes and regulations established by the City
Council. More comprehensive, flexible and current regulations will help us ensure
speedier compliance and have a better success rate if challenged in court.
In order to be more effective, we are proposing certain changes to our Municipal
Code to strengthen our code enforcement efforts.
Following are some of the steps being taken in this regard:
Amend the Current Nuisance Abatement section of the code
Our current code was enacted more than twenty (20) years ago and several
sections need to be simplified. Also there is a need for greater flexibility to ensure
speedier compliance. Some of the changes being made are:
o Greater authority to the City to abate problems if needed and place liens for
unwilling property owners if the City has to abate the problem
o Greater emphasis on issues such as maintenance of parkways, paint of
commercial buildings, inoperable vehicles, bulletin boards on the exterior,
maintenance of vacant commercial lots, requiring businesses to put
landscaping on their properties and other issues that impact appearance.
o Stiffer criminal consequences
o Simpler administration and appeal process
Staff is working with the City attorney in drafting amendments to our current
ordinance to help us accomplish these goals.
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Code Enforcement Study Session
February 6, 2006
Enact an Administrative Citation process.
Having an administrative citation process will give staff an additional option to
ensure compliance. Often the offense is such that a criminal citation may not be
appropriate but the threat of a financial burden would ensure compliance. The City
attorney is drafting the appropriate code section, which will be brought before the
Council for approval at a subsequent meeting.
New program for Bulky items
Over the past few years we have seen significant improvement in this area.
However, there are still some who don't seem to care. Under our current contract
with Waste Management, every residential customer has six free pickups a year
and all they have to do is to call Waste Management and schedule a bulky item
pickup. Staff is working with Waste Management to develop a program that will
impose service fees on those who do not wish to comply. These changes will
require an amendment to the contract with Waste Management, which will be
brought before Council for approval at a subsequent meeting. Following are some
of the changes that staff is working on.
Residential Customers
Residential customers will continue to have 6 free pickups per year as long as
they call and set up service as required. For customers who do not call in for
service Waste Management (WM) will continue to "tag" (once an item is tagged
the resident is supposed to remove the item from the sidewalk and call WM and
schedule a pickup on Friday). If the resident does not remove the item by
Monday then WM will pick it up and the resident will be charged a service fee.
Commercial Customers
Commercial customers will continue to pay $25 when they call and set up the
special service. For customers who do not call in for service Waste Management
will add a service to "tag" the items left on the parkway. Waste Mgmt will include
these locations in the route for an inspection the following Monday. If the
customer has not removed the item from view by Monday then WM will remove
the item and charge customers a service fee.
Vacant Undeveloped Properties
For Vacant/undeveloped properties —
free of charge at the City's request
locations. Items behind the parkwa y
addresses by Code Enforcement staff.
0
Waste Management will provide a pick up
for items left in the parkways of these
on private property will continue to be
Code Enforcement Study Session
February 6, 2006
Special pickups
If a customer desires a pick up outside of the normal trash day, Waste
Management will provide the service on any day Monday through Saturday for a
service fee.
Multi Family units
Similar programs are being developed to handle the problems at multi family
units. The proposed programs would make it the responsibility of property
management companies to manage the items on their properties. They may
charge a deposit or service fees to cover these costs.
Items not belonaina to the aroaerty owners
Under our current ordinance items left in front of a property are the responsibility
of the property owner even though the item may not belong to them. The
property owners are supposed to either remove it or call Waste Management to
pick it up.
Administrative Citations
In addition to the service fees, the administrative citation process can also be
used to further discourage people from placing their trash on city streets and
sidewalks.
MTfNG1r__1= Tim
Strengthening our codes is only a part of the solution. We also need to make our
enforcement program more effective by changing our approach, focus and
priorities. Due to limited staff Code Enforcement Program's primary focus has been
building and safety issues. During the past few months, several new ordinances
have been put in place, however, our staffing level has not changed. In order for us
to be more aggressive we need to increase our staffing to effectively manage all the
aspects of the program. Some of the program changes include:
❑ Be more aggressive in issuing citations
❑ Hiring of two to three part -time staff
❑ Provide staff with lap top computers so that they can spend more time in the
field. This will also make the reporting process more efficient.
❑ Exploring a dress or uniform for staff
• Looking at a software system to manage the citations and reports more
effectively
• Use the attorney to prosecute violators
❑ Provide necessary training to staff
• Develop consistent policies and procedures
• Educate businesses and residents and work with community and
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Code Enforcement Study Session
February 6, 2006
neighborhood groups
Several changes have been implemented to make the graffiti abatement program
more effective. We are exploring options such as partnership with the School
District and proactive programs as described above to generate awareness.
Additionally staff is working with the City Attorney to change certain codes to
enforce accountability.
The task is challenging, time consuming and expensive, however, in the long run
the benefits will out weigh the costs several times over.
POLICY ISSUES
In addition to having the tools and staff two other elements are equally important:
❑ Consistent application
❑ Due process rights
In terms of the former staff will be working on developing policies and procedures to
ensure that the application of the codes and citation processes are consistent.
To ensure that people's due process rights are upheld they need to be given the
opportunity to appeal the enforcement action. The city must establish a process for
hearing appeals from property owners who have been issued citations.
There are several options available to make up the hearing authority in code
enforcement matters.
1. The Chief Executive Officer or his/her designee can hear appeals; or
2. The City can contract with a third party (like the retired police officer to hear
the appeals provided that this person has a firm contract for a definite term.
Appointment of a contract hearing officer must comply with the Haas decision. The
Haas (Haas v. County of San Bernardino, California Court of Appeal 2002) ruling
requires that ad hoc decision makers, as an outside hearing officer hired for a single
case, must be selected in a manner that does not create the risk that he or she will
be rewarded with future compensated employment for decisions favorable to the
City. A fixed contract term with no termination except for cause and a minimum
"break period" before possible renewal after the term of the contract ends can solve
this problem.
The codes being drafted will allow for either of the two options.
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Code Enforcement Study Session
February 6, 2006
Behavior modification is not only challenging but draws resistance. The success of
our efforts will depend on our ability to sustain the programs over the long term,
generate enough community participation, promote awareness that these programs
are good for the community as a whole and that individual interests cannot adversely
impact the community interests. We are hopeful that, with support from the Council
and community, we will be able to implement a positive change and make Baldwin
Park a "Better Place ".
Staff is seeking Council direction on the following:
Is staff's assessment of Council's expectations appropriate? If so, then support
staff's efforts and authorize staff to:
a) Proceed with amendment of Nuisance Abatement section of the Municipal
Code and bring it before the Council for approval
b) Develop for Council approval an Administrative Citation ordinance
c) Authorize staff to proceed with development of education and awareness
programs
d) Bring for Council approval budget appropriations for additional staff and
resources.
:V
KANE, B ALLMER & B ERKMAN
A LAW CORPORATION
515 SOUTH FIGUEROA STREET, SUITE 1850
LOS ANGELES, CALIFORNIA 90071
TELEPHONE (213) 617 -0480
FAX (213) 625 -0931
TO: Honorable Mayor and Members of the City Council
FROM: Stephanie R. Scher, City Attorney
DATE: February 2, 2006
RE: Code Enforcement Procedures
In connection with the changes in the City's code enforcement program, I was
requested to prepare drafts of ordinances which will help the process run more smoothly. There
are three types of significant changes. These are described below.
1. The definition of "nuisance" is expanded.
The definition of public nuisance in the Baldwin Park Municipal Code Section
95.01 will be changed by adding new subsections resulting in the following additional
requirements for property owners:
a. The maintenance of lawn or groundcover, and appropriate irrigation, on vacant
lots in the commercial or industrial zones.
b. No "inadequate" landscaping on property that is visible from a public street or
other public place in a residential zone and on any undeveloped portion of a lot in
a commercial or industrial zone. Inadequate landscaping is defined as
landscaping, which diminishes the appearance of the property or reduces property
values and includes lack of or dying vegetation or failure to comply with a
landscaping plan approved by the City.
c. No operable vehicle in a visible yard area rather than on a paved driveway.
d. No trailer, camper shell, boat, or inoperable vehicle in a visible yard area for a
period in excess of seventy -two (72) hours.
e. Removal of graffiti within a period of forty -eight (48) hours.
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f. Removal of a posted sign or notice after the event to which it relates is over. (This
specifies that this does not affect sign regulations.)
g. Maintaining a property for which a discretionary approval has been given in any
manner in compliance with the conditions of approval.
2. The procedures for nuisance abatement are streamlined.
Presently, the Baldwin Park Municipal Code establishes the following procedure
for nuisance abatement. If the Director of Public Works believes a nuisance exists, he sends a
notice to the property owner, at the address shown on the tax roll, and posts that notice on the
property. The notice states that a hearing will be conducted by the CEO to determine if that
nuisance exists. The CEO then has to conduct the hearing and issue a decision. The CEO's
decision is appealable to the City Council.
The proposed ordinance shifts the enforcement action obligations from the
Director of Public Works to the Director of Community Development. The process itself will
also be considerably shorter. Once it is determined by City staff that a nuisance exists on the
property, an order of abatement is sent to property owner and posted on the property. The order
of abatement contains the time period within which the nuisance must be remedied, which must
be not less than seven days except for instances where a shorter time period is reasonable and the
notice is personally served. An appeal of the order of abatement may be filed within that time
period, otherwise it is final. If an appeal is filed, it is heard by the CEO, whose decision is final.
Under both the old and new procedures, if the nuisance is not abated, the City
may perform the necessary work. The costs may then made a special assessment against the
property which is collectable through the tax bill. The procedures in the current Municipal Code
are out of date, and the new ordinance will also provide as an alternative that the costs may be
made a lien against the property which can be foreclosed.
3. An administrative citation procedure is implemented.
As an additional item, staff proposes the City Council agree to implement
administrative citations within the City. Under a process permitted by State law, administrative
citations may be issued to require a fine be paid if a person does not comply with an ordinance
adopted by the City (referred to in the ordinance as a "code violation "). The procedure is an
alternative to the criminal enforcement procedure, when a misdemeanor or infraction citation is
issued for a violation of a City ordinance.
From the City's perspective, the administrative citation procedure is much simpler
to implement than the criminal enforcement procedure. When a code violation does not affect
the health, safety, or welfare of the general public, the enforcement officer first provides a notice
of violation to a "responsible person," i.e., a property owner, occupant, or business manager,
giving a specific time for the remedy to occur and describing the possibility that an
administrative citation will be issued if there is no timely correction of the problem. Such a
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notice could also be sent if the code violation does have such a health, safety or welfare effect,
but need not be. Procedures are provided for a person to request an extension of the time
provided. If the violation is not timely remedied, or if a determination is made that a notice to
remedy is not required or appropriate, an administrative citation is issued.
The administrative citation requires the payment of a fine, to be established by
resolution of the City Council. If the violation is of a code provision which is otherwise
punishable as a misdemeanor had a criminal citation been filed, the fine is within the discretion
of the City Council; if it would have been an infraction, the fine must be the same as established
by state law.
A person receiving an administrative citation may file a request for hearing on the
administrative citation. The hearing is held by the CEO or his designee. (There are some due
process requirements which will have to be complied with in the choice of hearing officer.) The
fine must be posted with the City at the time of the request for hearing, unless that is waived
upon a determination of hardship. At the hearing, the responsible person may present evidence
regarding whether the administrative citation was appropriate in terms of the violation claimed,
etc. The decision of the hearing officer is final for purposes of City action, but state law provides
a process for an appeal to the court system.
Please note that upon reviewing the City's existing procedures, it became
apparent that changes in the City's procedures should be made regardless of how actively the
City Council wishes to pursue code enforcement. Some are even required by changes in state
statutes or recent case law. The proposed ordinances will be adjusted to respond to Council
direction prior to being brought forward for adoption.
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