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HomeMy WebLinkAbout1991 01 16 CC MIN1991 01 16 CC MINòw @˜whCC 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. 00- 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 00- 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 BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 16-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3752-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 01-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 01 16 CC MINòw @˜whCC 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 00- 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. BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 16-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3752-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 01-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 01 16 CC MINòw @˜whCC 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. BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 16-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3752-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 01-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 01 16 CC MINòw @˜whCC 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. BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 16-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3752-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 01-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 01 16 CC MINòw @˜whCC 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 00- 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 BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 16-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3752-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 01-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 01 16 CC MINòw @˜whCC 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. BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 16-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3752-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 01-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 01 16 CC MINòw @˜whCC 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. BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 16-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3752-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 01-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1991 01 16 CC MINòw @˜whCC 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. 00- 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 BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 16-U02 1991-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 FO3752-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1991-U02 01-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3751-U03 DO3754-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05