Loading...
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. r �11T:7�PtT� 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 3 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. 0 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 9 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. 7 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. Page 1 of 1 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 Page 2 of 2 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. Page 3 of 3