HomeMy WebLinkAbout1991 01 16 CC MIN1991 01 16 CC MINòw @˜ w h CC MIN JAN 16 1991à›[H2P8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
JANUARY 16, 1991 AT 7:00 P.M.
I-
The City Council of the City of Baldwin
Park met in regular session in the
Council Chambers at 7:00 p.m.
ROLL CALL: PRESENT: COUNCILMEMBERS GALLEGOS, IZELL ROLL CALL
KEYSER, MCNEILL AND MAYOR LOWES
ALSO PRESENT: City Manager Penman,
City Attorney Bower,
Dir. of Administrative
Serv. Schuld,
Dir. of Human Serv. Lucas,
Chief of Police Lanza,
City Planner Onaga,
City Treasurer Montenegro,
Deputy City Clerk Branek and
City Clerk Gair
00-
Mayor Lowes read a proclamation declaring February 1, PROCLAMA-
1991 as Recycling Day." She presented the proclamation TION
to the Recycling Committee Chairman, Bill Van Cleave.
Chief of Police Lanza introduced Officers Leo Arnold, OATHS OF
Greg Denels and David Hallan and told of their OFFICE
backgrounds and education. City Clerk Gair administered
the Oath of Office to the Officers.
City Manager Penman read a brief biography and PRESENTA-
introduced Chief of Police Lanza. Mayor Lowes presented TION
Chief Lanza with a pin for his twenty years of service
to the City.
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Mayor Lowes declared Oral Communications open and ORAL COMMU
invited those wishing to speak on any subject to come NICATIONS
forward. OPENED
Ernest Perez, 15133 Nubia, stated that for several PEREZ
months he has complained to the Planning Department
about abandoned vehicles in his neighborhood. He said
he understood there was no code enforcement but asked
for someone to inspect the neighborhood.
Jesus Gonzales, 4229 Park Place, asked if the law could GONZALES
be enforced for Park Place because the street is dirty
* with trash, abandoned vehicles and even a truck full of
trash is parked on the street.
There being no other speakers Mayor Lowes declared Oral ORAL COMMU
Communications closed. NICATIONS
CLOSED
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City Clerk Gair presented the Consent Calendar: CONSENT
CALENDAR
1. Approval of Certificate of Posting for
January 16, 1991
2. Approve Minutes of January 2, 1991
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1991 01 16 CC MINòw @˜ w h CC MIN JAN 16 1991à›[H2P8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 1991
OF THE CITY OF BALDWIN PARK PAGE TWO
3. Waive Further Reading and Adopt
RESOLUTION NO. 91-1 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report
December 30, 1990
5. Approval to Submit Request for Grant From Urban
Park & Recreation Recovery Program UPARR)
It was moved and seconded to approve the Consent CONSENT
Calendar as presented. MIS/C: MCNEILL/IZELL. There CALENDAR
were no objections. APPROVED
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PUBLIC HEARINGS
Mayor Lowes introduced the Public Hearing on An Appeal UNREINFORC
to the City Council Relating to Chapter 15.44 of the ED MASONRY
Baldwin Park Municipal Code Unreinforced Masonry BUILDING
Building Code) Andrew Steiner, 14362 Ramona Boulevard."' CODE INTRO
DUCED
Acting Building Official Cosgrove explained the URM law
requirements placed on cities by the state. The City
has adopted Ordinance 1029 and the building owner has
the responsibility after notification to submit a
structural analysis by a civil or structural engineer or
architect licensed by the state. He stated that the
appeal was premature without a structural analysis and
plans for the proposed structural alterations of the
building necessary to comply with the minimum
requirements of the ordinance. Staff recommended denial
of the appeal.
In response to Council questions, it was explained that DISCUSSION
a facade grant was made to Mr. Steiner two years ago
and that was before the earthquake requirements. Also,
that once the building owner is notified, he has 270
days to respond in writing with estimates, appraisals or
x-rays of the building and that this particular building
was built in 1925, prior to the earthquake masonry law.
Mayor Lowes declared the public hearing open relating to HEARING
Unreinforced Masonry Building Code", and invited those OPENED
wishing to speak on this subject to come forward.
Marion Martin, 14312 Ramona, stated that the building at MARTIN
14362 is a concrete building not a masonry building.
She felt that it is a safe building. She also expressed
her concerns for the merchants with respect to this law.
Mike Martin, 14312 Ramona, questioned how it was MARTIN
established that the building was built in 1925 and why
a structural analysis was needed.
Andy Steiner, 14362 E. Ramona, spoke regarding the STEINER
Baldwin Park Municipal Code, Section 15.44. September
26, 1990 he received a letter that the building had been
identified as a unreinforced building. The building was
originally a bank and built to high standards. This
building had been inspected two different times and it
was never indicated that there was a problem. He
questioned how the building was identified as an
unreinforced masonry building since County records state
that the building was built in 1936.
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1991 01 16 CC MINòw @˜ w h CC MIN JAN 16 1991à›[H2P8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 1991
OF THE CITY OF BALDWIN PARK PAGE THREE
Frank Ramirez, 4924 Wimmer, commented that the Modern RAMIREZ
Appliance building is a concrete poured building just
like the old City Auditorium. He spoke about a building
at Margaret Heath School that was difficult to remove.
Robert Luera, Glendora, gave a brief background about LUERA
his education and qualifications. He stated that the
building may be classified as a class 3 building and
according to the tax assessors was built in 1936. He
did confirm that because the building is concrete, it
does not mean that the building is safe. The building
needs to be attached properly, if not, that could allow
it to slide during an earthquake.
There being no other speakers Mayor Lowes declared the CLOSED
Public Hearing closed.
Responding to Mayor Lowes and Councilman Gallegos DISCUSSION
questions, Acting Building Official Cosgrove stated that
the information concerning the date the building was
built was provided by the previous Building
Superintendent. If the information requested had been
provided by the building owner, it could have
eliminated some of the problems. He commented that
not knowing how the building is constructed, with the
east wall 3 feet from Maine Avenue, it is considered to
be a potentially hazardous building.
City Attorney Bower explained that part of the confusion
is the Ordinance, it is not limited to buildings built
prior to 1933 and because of that the appeal was not
premature, since once a property owner has been notified
with an order to comply, the owner has thirty days to
appeal. He also stated that Mr. Steiner should have
given his information to staff, and he felt that the
Council did not have enough information or evidence to
make a decision.
City Manager Penman further explained that no
independent third party would be hired by the City to do
the analysis, and that Mr. Steiner should submit any
information that supports his claim to the City.
It was moved and seconded to continue the appeal of APPEAL
Unreinforced Masonry Building to February 20, 1991. CONTINUED
M/S/C: GALLEGOS/MCNEILL. There were no objections.
Mayor Lowes introduced the Public Hearing, on An PUBLIC
Appeal of an Order of Abatement Case No.: OA-4; HEARING
Appellant: California Target Enterprises, Inc.; OA-4
Location: 3202 Baldwin Park Blvd.)" INTRODUCED
City Planner Onaga requested that the Council consider
the appeal of an order by the Planning Commission to
abate the sale of diesel fuel at a service station. He
described the development standards adopted for service
stations dispensing diesel fuel. He stated that there
were four stations selling diesel fuel when Ordinance
997 was adopted. Only one station, Unocal, met the
square footage requirement, all others were instructed
to discontinue dispensing diesel fuel, the affected
service stations except for the appellant's are in
compliance. This appeal was before the Council at its
December 20, 1989 meeting, but was referred back to the
Planning Commission for further study.
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1991 01 16 CC MINòw @˜ w h CC MIN JAN 16 1991à›[H2P8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 1991
OF THE CITY COUNCIL PAGE FOUR
City Planner Onaga stated that on December 12, 1990, the
Planning Commission reconsidered the appeal and again
felt that this service station did not substantially
differ from the two other service stations that were
forced to discontinue the sale of diesel fuel. However,
the commission felt that the existing ordinance should
be revised, that service stations should be allowed to
sell diesel fuel to passenger cars and to small trucks.
This type of Code amendment would make it possible for
the appellant's station to continue to sell diesel fuel
as long as it did not sell to large-bodied trucks.
City Planner Onaga and staff recommends that the City
Council direct staff to draft an amendment to the
service station regulations of the City Code that would
allow service stations containing less than 20,000
square feet of lot area to dispense diesel fuel to
passenger vehicles and small trucks only and postpone
action on the appellant's appeal of the order of
abatement OA-4) until after the Council considers the
proposed Code amendment.
Mayor Lowes declared the Public Hearing open on OA-4 and HEARING
invited those wishing to speak on this subject to come OPEN
forward.
Tom Colwick, 3706 Puente Avenue, stated that the COLWICK
property in question is larger than 9,000 square feet
and that the station only sells diesel fuel to passenger
cars. Mr. Colwick stated the amount of taxes generated
and asked the Council to consider amending the
ordinance. He also stated that if the service station
could not dispense diesel fuel, California Target would
not renew their lease.
Jerry Beckoff, 12739 Lakewood Blvd., Downey, California BECKOFF
Target Enterprises, stated the square feet available to
the service station and that he previously had presented
one hundred letters supporting the sale of diesel fuel
at this station. He also stated that the service
station only sells diesel fuel to passenger cars and
small trucks.
Councilman Izell asked Mr. Colwick and Mr. Beckoff if
they wanted to stand by their statements that they only
sell diesel fuel to passenger cars and small trucks.
There being no other speakers Mayor Lowes declared the CLOSED
Public Hearing closed.
It was moved for staff to draft an amendment to allow MOTION
service stations to sell diesel fuel to small trucks and DIED
passenger cars. M: GALLEGOS. Motion died due to lack
of second.
Mayor Lowes stated that the Planning Commission denied
the appeal twice based on the square footage and that
she did not see any reason to postpone the appeal, as
there was no reason to revise the ordinance.
Councilman Keyser presented pictures that he had taken
showing large-bodied trucks buying diesel fuel. He
stated that he had gone to the station manager and told
him that he was in violation of City Code.
Mayor Lowes reopened the Public Hearing and invited REOPENED
those wishing to speak to come forward.
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1991 01 16 CC MINòw @˜ w h CC MIN JAN 16 1991à›[H2P8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 1991
OF THE CITY OF BALDWIN PARK PAGE FIVE
Tom Colwick, resident, stated that it was his COLWICK
understanding that only small trucks and passenger cars
could purchase diesel fuel and that he had never seen a
large-bodied truck at the station. However, the
pictures show that one was at the station. He told the
Council that if they would amend the ordinance, that the
service station would post a sign stating that no trucks
are allowed. He pointed out that a significant part of
the business is diesel fuel and that the lease will not
be renewed if the station loses the diesel fuel sales.
There being no other speakers Mayor Lowes declared the CLOSED
Public Hearing closed.
It was moved and seconded to deny the appeal of an MOTION
Order of Abatement Case No: OA-4; Appellant: TO DENY
California Target Enterprises, Inc.; Location: 3202 APPEAL
Baldwin Park Blvd.)." M/S: MCNEILL/KEYSER. OA-4
ROLL CALL:
AYES: MCNEILL, KEYSER, IZELL AND MAYOR LOWES MOTION
TO DENY
NOES: GALLEGOS APPEAL
APPROVED
ABSTArN: NONE
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REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Chief of Police Lanza explained the concerns and YARD
questions with regard to police department enforcement SALES
of Baldwin Park Municipal Code violations relating to
yard sales. In researching this, it was found that the
City Council had already changed the yard sale
violations from a misdemeanor to an infraction. Also,
the State statute of limitations on misdemeanors and
infractions is one year and cities cannot arbitrarily
dismiss pending action because the citations were not
filed by the appearance date. Staff recommends no
further action.
It was moved and seconded that Council receive and file REPORT
the report on BPMC Code violations. M/S/C: RECEIVED
GALLEGOS/MCNEILL. There were no objections. AND FILED
Director of Administrative Services Schuld reviewed the AUDIT
current agreement with Deloitte & Touche for audit SERVICES
services and explained that as part of the audit
contract with Deloitte & Touche, there is an option to
extend the contract in years four and five based on
negotiations between the City and Deloitte & Touche.
Their proposal to continue service for two more years
reflects an approximate 30% increase from year three to
year four and 7.5% increase from year four to year five.
The 30% increase in audit fees is large, but staff is
recommending that the audit contract with Deloitte &
Touche be extended, based on information that was
received during the initial procurement process, current
market conditions, the current financial conditions of
the City, and the staffing levels in the Administrative
Services Department. Staff recommends that Council
approve extending the contract with Deloitte & Touche
for two more years.
Council discussed the 30% increase in fees with Deloitte DISCUSSION
& Touche and that they would never approve an increase
like this without going to bid. But with the
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1991 01 16 CC MINòw @˜ w h CC MIN JAN 16 1991à›[H2P8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 1991
OF THE CITY OF BALDWIN PARK PAGE SIx
Administrative Services Department short staffed, they
recommended that the contact with Deloitte & Touche be
renewed for one year only.
It was moved and seconded to approve the extention of DELOITTE &
the audit contract with Deloitte & Touche for one year TOUCHE
only. N/S/C: IZELL/MCNEILL. There were no objections. APPROVED
Administrative Assistant Nunez explained that the Los COMMUTER
Angeles County Transportation Commission LACTC) has RAIL
requested a resolution indicating that Council is STATION
interested in a commuter rail station. The approval of
the resolution would begin an assessment for the type of
Environmental Impact Report the City would require.
Staff will prepare a report when the assessment is
completed. The resolution would need to indicate that
the City has the 50% matching funds necessary to proceed
with the project, this would not be a commitment to the
project. Staff recommends approval of the resolution.
City Manager Penman commented about the assessment for DISCUSSION
the EIR, the City's eligibility for Proposition A & C
funds, the cost of the study and that LACTC will pay
halt of the costs. He added that the Proposition A
funds have more than the amount needed.
Council discussed the use of Proposition A funds for
transportation only if the resolution would only show
that the City was interested in a commuter rail station,
the approximate cost of the rail station and if LACTC
would hire the contractors or if the City would go to
bid.
It was moved and seconded to approve Resolution No. 91- RESOLUTION
2 Supporting The Application For Transportation NO. 91-2
Planning and Development Funds For Transit Capital APPROVED
Improvement Program Projects By The Los Angeles County
Transportation Commission Commuter Rail Station
Project)." N/S/C: GALLEGOS/IZELL. There were no
objection.
Assistant to the City Manager Volmert reported that an WEBSTER'S
amendment is required for the franchise agreement with REFUSE
Webster's Refuse Disposal, Inc. to incorporate the AMENDMENT
City's Recycling Program and approval of disposal sites
for the recycled materials. In anticipation of some
kind of recycling program, when renegotiating the
franchise agreement, the City formed a Recycling
Committee and recommended amendments to the franchise
agreement to resolve two issues.
The first issue commits Webster's to curbside and later
multifamily and business programs and the increase of
fees to the residents, whether or not they are utilizing
the curbside program. The amendment provides that
Webster's will fund the public education program, the
letters from the Mayor introducing recycling, and the
brochures included in the recycling bins. She also
explained that Webster's would be responsible for
funding the educational Kick-off" effort at no cost to
the City and outlined the possible hazardous waste
roundups. Staff recommends approval of an amendment to
the franchise agreement with Webster's Refuse Disposal,
Inc. to include the City's Recycling Program and to
approve the addition of specified recycling centers to
the approved list of disposal sites.
City Attorney Bowers listed the changes and
clarifications to the amended agreement as follows: 1.
Page two, relating to the curbside program; 2. Page
four applying the mandatory fees collected from
residence in future years for cost of recycling; 3.
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1991 01 16 CC MINòw @˜ w h CC MIN JAN 16 1991à›[H2P8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 1991
OF THE CITY OF BALDWIN PARK PAGE SEVEN
Page four and five, part five the changes with regard to
public education program with an expense cap of $20,000.
In response to councilman Izell city Manager Penman
stated that the City would issue warnings to let people
* know that picking up cans from the bins is not
permitted, and it is not currently allowed.
In response to Mayor Lowes question, City Attorney Bower
pointed out that the BPMC states the collection of
refuse or transporting of refuse, no person can collect
or transport in the City unless it is a City employee or
the franchisee", if someone comes in and takes someone's
trash it is a misdemeanor. He continued referring to
the BPMC, no person, other than franchisee, its
employees, or a city employee, shall interfere in any
manner with any refuse receptacle, or the contents
thereof, nor move any such receptacle or remove the
contents thereof, from the location where refuse is
placed by the customer for collection."
In regard to Councilman Keyser's question about
residents paying $20 for stolen bins, City Manager
Penman commented that the bins belong to Webster's and
they are provided as a service. Councilman Izell
objected to the wording that Webster's could issue a
fine.
Mayor Lowes reviewed the changes that the City Attorney REQUEST
had previously given, then asked that Staff to prepare a HOUSEHOLD
plan for hazardous waste pickup and to bring it back to HAZARDOUS
the February 20th meeting. She also asked that when the WASTE
negotiations with Webster's begin for the two household ROUNDUP
hazardous waste roundups, that the appointed council FEBRUARY
committee be present. 20TH
Mayor Lowes stated the following changes to the AMENDMENT
amendment: 1. Page two to delete, with the City CHANGES
committing mandatory fees", the wording should be, with
all customers sharing in the cost of recycling with the
amounts to be negotiated between the City and
Franchisee" pursuant to Section B. 2. Bottom of
paragraph four with the City mandatory fees and future
years" change to the cost for future years will be
negotiated by the City and Franchisee. 3. Page five,
first paragraph, section two, total direct cost for
this public education effort will not exceed cost of
$20,000" between word this" and public" add
residential", between word education" and effort" add
kick-off"; this section shall read, total direct cost
for this residential public education kick-off effort."
This wording will show that Webster's is involved with
the kick-off when the City starts with apartments and
businesses.
Mayor Lowes listed the following changes to the August
agreement, 1. Page 3 Section 2, the collection method
all glass, beverage or food containers shall be rinsed
and aluminum cans, tin cans and plastic shall be rinsed"
the word shall" changed to should." 2. Objects to
the wording mandatory fee and mandatory separation."
City Attorney Bower stated that the amendment would be
changed with continuity throughout. He also commented
that the first year there would be no charge, the second
year up to a twenty-five 25) cent charge, then after
that it is subject to negotiations between the City and
the Franchisee regarding recyclables.
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1991 01 16 CC MINòw @˜ w h CC MIN JAN 16 1991à›[H2P8REGULAR MEETING OF THE CITY COUNCIL JANUARY 16, 1991
OF THE CITY OF BALDWIN PARK PAGE EIGHT
It was moved and seconded to approve the amendment to WEBSTER'S
the agreement with Webster's, to implement the recycling AMENDMENT
program with the changes listed. M/S/C: IZELL/GALLEGOS. APPROVED
There were no objection.
00-
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Mayor Lowes requested that Council appoint two members MEMBERS
to meet with two board members of the Boys and Girls APPOINTED
Club to discuss their contract. Mayor Lowes volunteered
and appointed Councilman Izell to serve. Council
concurred.
00-
The regular meeting of the City Council recessed at 9:15 RECESSED
p.m. 9:15 P.M.
The regular meeting of the City Council reconvened at RECONVENED
9:20 p.m. Roll call remained the same. 9:20 P.M.
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CLOSED SESSION
The regular meeting of the City Council was adjourned to CLOSED
a Joint Closed Session with the Redevelopment Agency at SESSION
9:20 p.m. to consider the following matters authorized
by Government Code Pending Litigation 54956.9 b) 1) and
54957.
Mayor Lowes adjourned the regular meeting of the City MEETING
Council at 9:58 p.m. ADJOURNED
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