HomeMy WebLinkAbout1991 11 20 CC MIN1991 11 20 CC MINòw @˜ w ò CC MIN NOV 20 1991à›[H2â8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
NOVEMBER 20, 1991 AT 7:00 P.M.
The City Council of the City of Baldwin
Park met in regular session in the
L 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
Services Schuld,
Police Chief Lanza,
Dir. of Human Services Lucas,
City Treasurer Montenegro and
Deputy City Clerk Branek
00-
The absence of City Clerk Gair was excused. ABSENCE
EXCUSED
00-
Chief of Police Lanza introduced Officers Gregory Acuna OATH or
and Randel Syrja and told of their backgrounds and OFFICE
education. Deputy City Clerk Branek administered the
Oath of Office to the officers.
L 00-
ORAL COMMMNICATIONS
Mayor Lowes declared Oral Communications open and ORAL COMMU
invited those wishing to speak on any subject to come NICATIONS
forward. OPEN
Lorrie Kern, 14326 Pacific Avenue, presented Council KERN
with pictures and a diagram of the wrought iron fence
that is proposed for the medical building on Pacific
Avenue. The need for a fence was expressed due to the
gang activities and the safety of the senior citizens.
The five foot setback requirements for the fence would
cut the property in half.
Roth Dryden, 3745 Holly, asked about the plans for the DRYDEN
town meetings.
Gerard Avila, 12769 Torch, stated that young girls AVILA
gather in front of the boy's home, across the street
from his residence, where drugs and drinking occur.
There is graffiti on the walls in his neighborhood, a
vacant lot on Garvey, has in the past, had several
stolen vehicles dropped off and there has been a pickup
truck there for three days.
Jeanne Martens, 14847 Sierra Way, invited Council to the MARTENS
Chamber Mixer that is sponsored by Baldwin Park
Beautiful. She requested that the City work with
business owners that are willing to make any kind of
improvements. She prefers curb-side code enforcement.
Bill Van Cleave, 13232 Emery, requested consideration of VAN CLEAVE
curb-side code enforcement. The program should pay for
itself and the program should be started with
advertisements informing the people.
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1991 11 20 CC MINòw @˜ w ò CC MIN NOV 20 1991à›[H2â8 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20, 1991
OF THE CITY OF BALDWIN PARK PAGE TWO
Frank Ramirez, 4924 Wimmer, asked if the school police RAMIREZ
have the authority, off campus, to stop and search a
vehicle. The Los Angeles School Police does not have
any authority off campus.
Carlos Rivadinero, 15315 Badillo, stated that the RIVADINERO
property at 15301 Badillo is a single family residence,
that has more than one family living there which is
unsanitary and does not comply with the zone or code.
The property has articles of clothing hanging over the
wall which is unsightly and the property has become a
dumping ground for shopping carts which could become a
hazard to the City. He suggested that the carts be
confiscated, require the shop owners to pick them up and
pay a fine or sell them at auction.
sandy Lucas, 4442 Bresee, stated that the stores will LUCAS
not respond to picking up the shopping carts.
Pam Schnabel, 14217 Los Angeles St., requested arrows to SCHNABEL
be painted on the one way street leading to the senior
citizen hall. People go out the wrong way on the
street, children being picked up do not look for the
person driving the wrong direction.
Lorin Lovejoy, 12749 Torch St., suggested placing an LOVEJOY
agenda item for discussion of an ordinance that would
prohibit a councilperson from remaining in their
councilseat while running for mayor. He is against the
inspections on homes by code enforcement.
Albert Sanders, 4421 Stewart, spoke regarding the code SANDERS
enforcement options and opposed the program that would
allow the officer to go on private property for
inspection. He preferred curb-side code enforcement
because some of the options would cause rents to
increase in the City.
Alma Agabashian, 12853 Ledford, stated the length of AGABASHIAN
time she has owned her home and that she has been
repairing it to sell. She must list everything that is
wrong with the property before it is sold. The code
enforcement program should not involve the inspection of
the home where the homeowner resides.
Roy Test, 15115 Kenoak, stated that there are more TEST
newspaper ads for rental property than last year and
some property is empty that could be fixed up. The code
enforcement requirements are a duplication of existing
laws.
Claude Ellington, 4517 Harlan, stated that there are ELLINOTON
several homes that have made changes on their property
without taking out the proper permits or submitted
plans. He felt the code enforcement program should be
able to pay for itself.
There being no other speakers, Mayor Lowes declared the CLOSED
Oral Communications closed.
00-
CONSENT CALENDAR CONSENT
CALENDAR
Deputy City Clerk Branek presented the Consent Calendar.
1. Approval of Certificate of Posting for
November 20, 1991
2. Approve Minutes of November 6, 1991
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1991 11 20 CC MINòw @˜ w ò CC MIN NOV 20 1991à›[H2â8 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20, 1991
OF THE CITY OF BALDWIN PARK PAGE THREE
3. Waive Further Reading and Adopt
RESOLUTION NO. 91-89 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report
October 31, 1991
5. Deny Claim Against The City
Timothy Marquez
6. Waive Further Reading and Adopt
RESOLUTION NO. 91-90 APPROVING BUDGET
AMENDMENT PURCHASE
OF VOICE RECORDING
TAPES POLICE
DEPARTMENT)
7. Waive Further Reading and Adopt
RESOLUTION NO. 91-91 CALLING FOR THE
RESTORATION OF
ADEQUATE FUNDING IN
FISCAL YEAR 1991-92 &
THEREAFTER FOR THE
STATE DEPARTMENT OF
ALCOHOL BEVERAGE
CONTROL & URGING THE
GOVERNOR & THE STATE
LEGISLATURE TO APPROVE
FUNDING FOR THE ABC IN
ORDER TO CONTINUE ABC
ENFORCEMENT AT LEAST
AT PRESENT LEVELS
It was moved and seconded to approve the Consent CONSENT
Calendar as presented. M/S/C: MCNEILL/GALLEGOS. There CALENDAR
were no objections. APPROVED
00-
PUBLIC HEARINGS
Interim City Engineer Brock requested approval of ESTABLISH-
resolutions that would formally establish the ING
Underground Utility Districts for Bogart Avenue, UNDER-
District No. 91-1 and Downing Avenue, District No. 91- GROUND
2. The overhead conversion requirements for both UTILITY
districts and the estimated meter conversion cost of DISTRICTS
$500 per meter were explained. The service lateral 91-1 &
lines are proposed in the project and funded with Rule 91-2
20 B funds. It was recommended that after the close of BOGART &
the Public Hearing that Council: 1). Adopt a DOWNING
resolution Establishing Underground Utility District No. AVENUES)
91-1 on Bogart Avenue; 2). Adopt a resolution
Establishing Underground Utility District No. 91-2 on
Downing Avenue, including service lateral undergrounding
from property line; 3). Direct staff to work with
affected property owners to gain their assistance and
cooperation in completing the required meter box
conversions.
In response to Council questions, Interim City Engineer DISCUSSION
Brock stated that the public hearing had been published
in the newspaper and the property owners notified by
mail.
Mayor Lowes declared the Public Hearing open on PUBLIC
Underground Utility Districts 91-1 & 91-2 Bogart & HEARING
Downing Avenues) those wishing to speak on this subject OPEN
to come forward.
There being no speakers, Mayor Lowes declared the Public CLOSED
Hearing closed.
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1991 11 20 CC MINòw @˜ w ò CC MIN NOV 20 1991à›[H2â8 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20, 1991
OF THE CITY OF BALDWIN PARK PAGE FOUR
It was moved and seconded to adopt Resolution No. 91- RESOLUTION
92, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 91-92
BALDWIN PARK DECLARING ITS INTENTION TO ESTABLISH ADOPTED
UNDERGROUND UTILITY DISTRICT 91-1" Bogart Avenue).
M/S/C: GALLEGOS/IZELL. There were no objections.
It was moved and seconded to adopt Resolution No. 91- RESOLUTION
93, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 91-93
BALDWIN PARK DECLARING ITS INTENTION TO ESTABLISH ADOPTED
UNDERGROUND UTILITY DISTRICT 91-2", Downing Avenue)
including service lateral undergrounding from the
property line. N/S/C: MCNEILL/IZELL. There were no
objections.
It was moved and seconded to direct staff to work with METER BOX
affected property owners to gain their assistance and CONVERSION
cooperation in completing the required meter box APPROVED
conversions. N/S/C: GALLEGOS/ IZELL. There were no
objections
00-
REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Maintenance Superintendent Dart requested Council TERMINATE
approval to terminate the contract for the janitorial JANITORIAL
services for City buildings that is performed by Olympia SERVICES
Building Maintenance Company. The company failed to OLYMPIA
produce a satisfactory work record, despite repeated BUILDING
warnings, both verbal and written. Various facilities MAINTEN-
have not been cleaned, a written work schedule has not ANCE
been submitted, an english speaking supervisor has not COMPANY
been on the job full time as required by the contract.
It was recommended that Council terminate the contract
with Olympia Building Maintenance Company effective
thirty days from the date they receive notice of the
termination, and award a contract to the second low
bidder, Lee's Maintenance Company, who has previously
provided janitorial service for the City.
Sherry Woodside, 836 Crenshaw #101, Los Angeles, stated WOODSIDE
that the company entered the contract in September, 1991
and spoke of concerns about Lee's Maintenance being
awarded the contract. The company was not aware that
their service was not adequate. They sent a letter to
the City when they heard the contract was to be
cancelled, but received no reply. She requested the
company be given a chance to comply and take care of the
problems.
In response to Council questions, Maintenance Supervisor DISCUSSION
Dart stated that the company had been notified several
times with a walk through of the facilities, a letter
and telephone calls. The english speaking supervisor
was requested for direction as well as safety. He
referred to complaints from city Hall and a dangerous
situation that caused the evacuation of the Community
Center, Lee's has serviced the City for five years with
some complaints, but with a service rating of good. The
City can go out to bid or award the contract to Lee's
and prorate the amount of the bid.
City Manager Penman also stated that a janitoral service
has certain amounts of work that is required to be
performed daily and this is the reason for the work
schedule. There is no problem with bidding the work
again.
It was moved and seconded that Olympia Maintenance MOTION TO
Building Company be allowed six months to prove ALLOW SIX
themselves. N/S/C: MCNEILL/KEYSER. MONTHS
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1991 11 20 CC MINòw @˜ w ò CC MIN NOV 20 1991à›[H2â8 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20, 1991
OF THE CITY OF BALDWIN PARK PAGE FIVE
ROLL CALL VOTE: ROLL CALL
AYES MCNEILL, KEYSER
NOES GALLEGOS, IZELL, MAYOR LOWES
NOTION
ABSTAIN: NONE DENIED
It was moved and seconded that Olympia Maintenance NOTION TO
Building Company be allowed three months to prove ALLOW
themselves. N/S: MCNEILL/KEYSER. THREE
MONTHS
ROLL CALL VOTE: ROLL CALL
AYES MCNEILL, KEYSER
NOES GALLEGOS, IZELL, MAYOR LOWES
MOTION
ABSTAIN: NONE DENIED
Mayor Lowes stated that she would like to see this DISCUSSION
contract go back to bid and the contract be written for
two years.
In response to Council questions, City Manager Penman
stated that the City could continue the contract and
direct staff to rebid and ask Olympia to stay on only
until some other company is selected.
It was moved and seconded to terminate the janitorial TERMINATE
contract with Olympia Building Maintenance Company, that CONTRACT
the contract be open to a competitive bidding process RE-BID
and that the length of said contract be limited to a EXTEND TO
period of only two years. M/S: GALLEGOS/ IZELL. TWO YEARS
ROLL CALL VOTE: ROLL CALL
AYES GALLEGOS,IZELL,KEYSER,MCNEILL,MAYOR LOWES
NOES NONE
MOTION
ABSTAIN: NONE APPROVED
00-
The regular meeting of the City Council was recessed at RECESSED
8:27 p.m. 8:27 P.M.
The regular meeting of the City Council reconvened at RECONVENED
8:32 p.m. Roll call remained the same. 8:32 P.N.
00-
Assistant to the City Manager Volmert presented a final BE PART
status report regarding the 1991 Be Part of Baldwin Park OF
Festival and the recommendations of the Festival BALDWIN
Committee for a 1992 Be Part of Baldwin Park Festival. PARK
The successful aspects of this year's event were noted
as well as the number of areas that require
improvements. It was recommended that Council receive
and file the report and provide direction to staff
regarding a 1992 Be Part of Baldwin Park Festival.
Council discussed some of the festival committee's DISCUSSION
suggestions about changing the date of the festival,
appointing a committee to decide the day for festival,
upgrading the entertainment, and more participation by
the community.
It was moved and seconded to continue the Be Park of BEEBOP
Baldwin Park Festival and the committee to decide the APPROVED
date. M/S/C: IZELL/GALLEGOS. There were no objections.
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1991 11 20 CC MINòw @˜ w ò CC MIN NOV 20 1991à›[H2â8 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20, 1991
OF THE CITY OF BALDWIN PARK PAGE SIx
Mayor Lowes requested Council consider September for the SEPTEMBER
festival. Council concurred. FESTIVAL
In response to Council questions, City Manager Penman DISCUSSION
recommended Human Services to be the lead agency in the
festival. He stated that the City Manager should decide
which department has the time and staff to handle the
festival.
Director of Human Services Lucas stated that he was not
aware of his department handling the festival, without a
previous format, some discussion and planning would be
necessary.
Council briefly discussed the remaining suggestions DISCUSSION
and gave staff the following directions to be brought AND
back to Council: 1) Look into the cost of upgrading the COUNCIL
entertainment; 2) Instead of the carnival running the DIRECTION
games, the non-profit organizations handle them; 3) Do TO STAFF
away with the sale of promotional items; 4) Work out a
plan with volunteers for park cleanup; 5) Work out the
booth layout; 6) That Be Part of Baldwin Park was the
theme; 7) Objected to a car show; 8) Work out a shuttle
service; and 9) Look into the costs of canopy's for
shade or some type of shelter and some policy should be
made regarding the canopy's, if purchased.
Assistant to the City Manager Volmert stated that staff CHRISTMAS
recommends the initiation of a Christmas tree recycling TREE
program in cooperation with the East San Gabriel Valley RECYCLING
Integrated Waste Management Joint Powers Authority and
Waste Management of the San Gabriel/Pomona Valleys. The
collection site for the Christmas trees would be at
Badillo/Ramona, the person would receive a bag of mulch
in return for their tree, the program would be run by
volunteers or the Conservation Corp. It was recommended
that Council approve a Christmas tree recycling program
and authorize staff to proceed with plans as identified
in this report.
In response to council questions, Assistant to the City DISCUSSION
Manager Volmert stated that some people would be willing
to pay $2 for curbside pickup of the trees. The City of
Walnut has the curbside pickup and it is more expensive
to operate that type of program.
It was moved and seconded to approve establishing a CHRISTMAS
Christmas tree recycling program and authorize staff to TREE RE-
proceed with plans as identified in the report. MIS/C: CYCLING
GALLEGOS/IZELL. There were no objections. APPROVED
Building Official Rodriguez responded to Council HOUSING/
requests for additional information regarding a CODE
comprehensive housing/code enforcement program. Options ENFORCE-
which could be implemented were identified as: 1) MENT
Require a copy of the Disclosure Statement to be on file PROGRAM
in City Hall prior to the close of escrow; 2) Require,
prior to the sale or exchange of residential property,
the owner to obtain a report from the City regarding the
use, occupancy and zoning of the property; 3) Require a
Certificate of Occupancy to be issued by the City any
time a unit becomes vacant; 4) The City could adopt an
ordinance requiring the inspection of all rental units
on an annual basis. He also stated that depending upon
the program selected, additional staffing would be
required. It was recommended that Council direct staff
regarding the type of housing/code enforcement program
to be implemented.
In response to Council questions, Building Official DISCUSSION
Rodriguez stated that the issuance of the Certificate of
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1991 11 20 CC MINòw @˜ w ò CC MIN NOV 20 1991à›[H2â8 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20, 1991
OF THE CITY OF BALDWIN PARK PAGE SEVEN
Occupancy would involve receiving information from the
utility companies. The annual inspection of units would
be to see if any additions have been added without
permits or any code violations. People that do not speak
english are intimidated and will not report a landlord
that has property violations and additional staffing
would be needed if Council decided on the annual
inspection.
City Manager Penman stated that he recommended a modest DISCUSSION
code enforcement program since the utility tax has
recently been imposed, a possibility of a special tax on
the ballot, and the business license rental fee that
will be due in January, charges for inspections on
rentals may be too fast. Since one inspector can not
cover the City to find all the problems a code/building
inspector would be required. Half of the cost would be
paid by CDBG funding.
It was moved and seconded to institute the rental MOTION FOR
inspection program and do it at the time the property is RENTAL
vacant and if Council decides, do it on an annual basis. INSPECTION
MIS: IZELL/MCNEILL. PROGRAM
Mayor Pro Tem McNeill stated that Council is responsible DISCUSSION
to the citizens to clean up the City, there is a need
for the code/building inspector, the costs of the
program could be worked out in the budget. She felt
that if a person has a decent place to live in it gives
them incentive to keep the property clean.
Mayor Lowes stated that she opposed the fee, the City
has not yet hired the code enforcement officer and the
city should not spend money that it does not have.
It was moved and seconded to ammend the motion to MOTION FOR
institute the rental inspection program and do it at the RENTAL
time the property is vacant and if Council decides, it INSPECTION
could be done on an annual basis and to hire one code PROGRAM
enforcement/building inspector. MIS: IZELL/MCNEILL. AMENDED
ROLL CALL VOTE: ROLL CALL
AYES IZELL, MCNEILL
NOES GALLEGOS, KEYSER AND MAYOR LOWES
MOTION
ABSTAIN: NONE FAILS
It was moved and seconded that Council receive and file CURBSIDE
the staff report and to proceed with the one code INSPECTION
enforcement officer at this time and with a modest PROGRAM
volunteer curbside inspection program. M/S/C: APPROVED
GALLEGOS/KEYSER. There were no objections.
00-
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
In response to Councilman Izell, City Planner Onaga IZELL
stated that the vacant doctor's office on Pacific has
three options: 1) A zone variance, which is required by
State Law, and to notify the property owners by mail of
a public hearing; 2) A Zoning Code amendment which is a
longer process that would require coming before the
Planning Commission again and the City Council; or 3)
They can comply with the code which would allow the
fence.
Councilman Izell stated that the public needs to see the IZELL
type of papers that are in the newstand in front of the
post office.
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1991 11 20 CC MINòw @˜ w ò CC MIN NOV 20 1991à›[H2â8 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 20, 1991
OF THE CITY OF BALDWIN PARK PAGE EIGHT
Councilman Izell stated that the City of South El Monte IZELL
passed a no smoking ordinance in the City. He would
like staff to bring a report to council concerning a
smoke free environment in all public places.
Mayor Lowes made a second request that staff bring a LOWES
report to Council regarding information on holding town
meetings.
City Manager Penman stated that a public hearing is PENMAN
scheduled for the December 4th Council meeting and that
a study session is necessary on December 3rd at 8:30
a.m. The first meeting in January is scheduled for New
Year's Day and direction is needed as to what date
Council would prefer to hold that meeting.
00-
The regular meeting of the City Council was recessed at RECESSED
9:51 p.m. 9:51 P.M.
The regular meeting of the City Council reconvened at RECONVENED
9:53 p.m. Roll call remained the same. 9:53 P.M.
00-
CLOSED SESSION
The City Council was adjourned to a closed session at CLOSED
9:53 p.m. to consider existing litigation as authorized SESSION
by Government Code Section 54956.9(a) Abel Figueroa vs
City of Baldwin Park; and Government Code Section 54957
to consider personnel matters.
00-
Mayor Lowes declared the regular meeting of the City MEETING
Council adjourned at 10:10 p.m. to an adjourned regular ADJOURNED
meeting on Tuesday, December 3, 1991, at 8:30 a.m. in 10:10 P.M.
the Council Chamber.
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