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Home My WebLink About1992 01 15 CC MIN1992 01 15 CC MINòw @˜x|CC MIN JAN 15 1992à›[H1ù8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVE, WEDNESDAY, JANUARY 15, 1992 AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chambers at 7:00 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, City Treasurer Montenegro, Deputy City Clerk Branek and City Clerk Gair 00- Chief of Police Lanza introduced Officers Hector Garay, OATH OF Carol Hebert and Cesar Romero and told of their OFFICE background and education. City Clerk Gair administered the Oath of Office to the officers. 00- ORAL COMMUNICATIONS Mayor Lowes declared Oral Communications open and ORAL COMMU invited those wishing to speak on any subject to come NICATIONS forward. OPEN Bill Van Cleave, 13232 Emery, spoke regarding graffiti VAN CLEAVE on bus shelter panels, a bullet on his front porch and the increase of gang activity. There being no other speakers, Mayor Lowes declared Oral Communications closed. 00- CONSENT CALENDAR City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for January 15, 1992 2. Approve Minutes of December 18, 1991 and January 2, 1992 3. Waive Further Reading and Adopt RESOLUTION NO. 92-5 ALLOWING CLAIMS AND DEMAND AGAINST THE CITY OF BALDWIN PARK 4. Receive and File Treasurer's Report December 31, 1991 5. Deny Claim Against The City Angel Escudero BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 15-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3703-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 01-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 01 15 CC MINòw @˜x|CC MIN JAN 15 1992à›[H1ù8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 1992 OF THE CITY OF BALDWIN PARK PAGE TWO 6. Approve Final Tract Map No. 50530 3111 Big Dalton It was moved and seconded to approve the Consent CONSENT Calendar as presented. MIS/C: MCNEILL/GALLEGOS. There CALENDAR were no objections. APPROVED 00- PUBLIC HEARING City Planner Onaga requested Council consideration of PUBLIC the Planning Commission's decision and staff's HEARING recommendation to revoke the conditional use permit INTRODUCED C.U.P.) allowing the operation of an automobile CP-273 dismantling facility, located at 14812 14818 Arrow REVOCATION Highway. Staff requested revocation for failure to CONT'D comply with the conditions of approval imposed on said FROM permit. In 1978 the Planning Commission approved the DECEMBER C.U.P. which allowed for the sale of beer and wine on- 4, 1991) site, in conjunction with the operation of the automobile dismantling yard. Field inspections revealed that the automobile dismantling business had been largely replaced by a business engaged in the collection, storage and transfer of recycleable materials. This recycling business was added to the site in late 1990 without the issuance of proper permits and in violation of the Zoning Code. It was determined that CP-273 must be modified in order to accomodate the addition of the recycling business. The City Clerk's office notified Mr. Roussel of the requirements and the Planning Department also forwarded an additional five letters requesting that all Zoning Code violations on the site be corrected and that the property be brought into compliance with the C.U.P. Mr. Roussel did a limited number of minor violation corrections, however, the most servere violations have gone uncorrected. Mr. Roussel contends that the collection, storage and distribution of cans, bottles, plastic and paper is an extention of an existing recycling business. Staff recommended that the City Council revoke CP-273 on the basis that the conditional use permit is being exercised contrary to the conditions of approval imposed on said permit. In response to Council, City Planner Onaga stated that DISCUSSION the estimated amount of staff time spent on this item was 70 hours at a cost of about $2,000. Mayor Lowes declared the Public Hearing open on the PUBLIC revocation of CP-273 and invited those wishing to speak HEARING on this subject to come forward. OPEN Joe Roussel, 14818 Arrow Highway, stated that he ROUSSEL reacquired the property in October, 1989. The auto dismantling area is covered with rock so that contaminates could be hauled away. He felt the recycling business is more environmentally safe than the auto dismantling. He explained his plans to enlarge the working area by leasing adjoining property, the estimated cost of the wall, the paving, and that the setback for the planters would cause customers to park inside the dismantling yard. He stated that he was willing to comply, but asked Council to consider the costs and time to work things out. Henry S. Barbosa, 500 Citadel, Suite 500, Los Angeles, BARBOSA Attorney for Mr. Roussel, stated that he had just been retained by Mr. Roussel and he Roussel) is willing to follow the advice he Barbosa) has given. He explained BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 15-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3703-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 01-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 01 15 CC MINòw @˜x|CC MIN JAN 15 1992à›[H1ù8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 1992 OF THE CITY OF BALDWIN PARK PAGE THREE the corrections that he had advised Mr. Roussel that must be made to the property and stated that Mr. Roussel was now in agreement to meeting the requirements. He requested that Council allow 90 days for the corrections to begin and for a plan for recycling to be submitted. Mr. Barbosa requested that the letter regarding review of the recycling plans, submitted to the City, be included in the record." He also referred to the appeal procedure and the possibility of coming back with a plan prior to the time appointed to go to court. He stated that he would not be representing Mr. Roussel if he had not agreed to the City's requirements. In response to Council questions, City Planner Onaga stated that because of the recent history of the property owner he is not sure, if given additional time, that Mr. Roussel would resolve the problems. Mr. Roussel has two options: 1) To strictly comply with the existing 1978 Conditional Use Permit, which could be done within the ninety days. The Conditional Use Permit does not include the recycling business, so that would have to be removed from the site. The other violation could be corrected within the ninety day time frame; 2) If the recycling business is to be kept on the property, that would require a new application for a conditional use permit and that process will take more than ninety days. Mr. Roussel stated that he sent a package to Council when he first received a letter from the City in which he explained the recyclable parts on an automobile and the reasons for the recycling business. It was not his intention to ignore the requirements or deadlines. City Manager Penman stated that Mr. Roussel had called CITY in 1990 requesting help to keep the business going MANAGER'S because he would not have a source of income, but he RESPONSE could not afford all the requirements. Mr. Roussel was given the opportunity to comply while still operating the recycling business. Mr. Roussel called back again and stated his interpretation of the recycling business and that it did comply with the C.U.P. and did not make changes. John Andrich, 14202 Los Angeles St., stated that the ANDRICH recycling business is needed in the City. He felt some of the improvements are impractical and also referred to the legality of some of the City ordinances. There being no other speakers, Mayor Lowes declared the CLOSED Public Hearing closed. City Attorney Bower explained that the resolution is DISCUSSION effective that illegal activities shall cease within thirty days of date of the resolution. He stated that the Code of Civil Procedure, Section 1094.6 has been adopted by the City Reso. No. 87-85). Mayor Pro Tem McNeill made a motion to revoke the MOTION TO present C.U.P. and Mr. Roussel take out a new C.U.P. REVOKE giving him a six month time frame for modification. WITH CONDI Motion died due to lack of a second. TIONS DIES It was moved and seconded to adopt Resolution No. 92-6, RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO. 92-6 PARK REVOKING A CONDITIONAL USE PERMIT WHICH WAS GRANTED REVOKE TO ALLOW A VEHICLE DISMANTLING YARD LOCATION: 14812 CUP) 14818 ARROW HIGHWAY; PROPERTY OWNER: JOSEPH ROUSSEL; CASE NO: CP-273)." M/S: IZELL/GALLEGOS. BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 15-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3703-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 01-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 01 15 CC MINòw @˜x|CC MIN JAN 15 1992à›[H1ù8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 1992 OF THE CITY OF BALDWIN PARK PAGE FOUR ROLL CALL VOTE: ROLL CALL AYES IZELL, GALLEGOS, KEYSER, MCNEILL, MAYOR LOWES NOES NONE RESOLUTION NO. 92-6 ABSTAIN NONE ADOPTED City Manager Penman stated that in March, 1991, Council WILLDAN accepted a proposal and appointed Willdan and Associates AND to serve as Interim City Engineer and to provide ASSOCIATES engineering services. The Interim position was to be AGREEMENT filled by Willdan until a full time Public Works Director, who would also serve as City Engineer could be hired. He explained that the formal agreement had not been officially approved by Council. He recommended that Council approve the Agreement for services with Willdan and Associates and direct the City Manager to sign on behalf of the City. In response to Mayor Lowes, City Attorney Bower stated DISCUSSION that the job of the City Engineer in this case is considered an independent contractor. They are to provide Council with guidance in areas of the City work that needs to be done, typically that firm would of course perform the work. Legally, he did not think this was a conflict of interest for the consultant to perform the work. City Manager Penman clarified that his understanding of the work that Willdan and Associates was to perform for the City when funds for a project was in the budget, was that the work would proceed. Reference was made to the Puente/Pacific Project that was not budgeted, but was approved by Council and Willdan was then directed to begin on the plans. A definition needs to be made who signs the contract and who signs a work order. Normally, the City Manager can authorize the work. He explained the cost savings by using one firm and the need for defining the contract officer. Interim City Engineer Brock stated that the full scope of service involves the construction inspection based on fees that are established on a national civil engineering manual. Council discussed the Schedule of Fees dated January 15, 1992, attached to the contract, a project that is under $10,000 and in the budget, the City Manager authorizing * the work with Willdan and the Contract Officer of the City being the Mayor. It was moved and seconded to approve the agreement with MOTION TO Willdan and Associates as amended to include: that APPROVE the Schedule of Fees dated January 15, 1992 be attached AGREEMENT to the agreement" and Exhibit A", Section 6, the last WITH sentence should read: City, through its City Manager, AMENDMENTS may authorize Consultant to perform such selected services on an as-needed basis, if there are adequate budgeted funds and the amount does not exceed $10,000." N/S: GALLEGOS/KEYSER. ROLL CALL VOTE: ROLL CALL AYES GALLEGOS, KEYSER, MCNEILL, MAYOR LOWES WILLDAN & NOES IZELL ASSOCIATES AGREEMENT ABSTAIN NONE APPROVED BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 15-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3703-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 01-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 01 15 CC MINòw @˜x|CC MIN JAN 15 1992à›[H1ù8 REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 1992 OF THE CITY OF BALDWIN PARK PAGE FIVE Administrative Assistant Nunez requested Council PROPOSED approval to enter into an agreement with Siegel Diamond COMMUTER Architects to design the Proposed Commuter Rail RAIL Station. The selection process was reviewed, the STATION qualifications of Siegel Diamond Architects SDA), the responsibilities of SDA and the cost of $118,435 for the proposed Scope of Work were reported. Construction management fees are charged hourly and not included in the cost of the Scope of Work and all expenditures are Prop A eligible. Staff recommends that Council approve the Architectural Service Agreement with Siegel Diamond Architects and authorize the City Manager to execute the agreement on behalf of the City. Council discussed a cap of $20,000 for the contract DISCUSSION administration work and requiring time cards for the construction and maintenance costs. Administrative Assistant Nunez presented changes to the AGREEMENT Agreement attached as Exhibit A. CHANGES It was moved and seconded to approve the Architectural SIEGEL Services Agreement, as amended, with Siegel Diamond DIAMOND Architects and authorize the City Manager to execute the ARCHITECTS agreement on behalf of the City with a $20,000 cap. AGREEMENT N/S: GALLEGOS/IZELL. ROLL CALL VOTE: ROLL CALL AYES GALLEGOS, IZELL, KEYSER, MCNEILL, MAYOR LOWES NOES NONE ABSTAIN 2 NONE APPROVED 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Councilman Izell stated concern for the contractors that IZELL have to wait 48 hours for inspections and requested that a report be brought back to Council at the next meeting addressing the problem. Council concurred. City Manager Penman announced a Project Area Committee PENMAN Meeting on January 16th. Mayor Lowes requested a report be brought back to LOWES Council at the next meeting regarding better lighting for the park. Council concurred. Mayor Lowes requested a status report be brought to the LOWES next Council meeting regarding the swap meet at the corner of Baldwin Park Boulevard and Ramona. Council concurred. 00- The regular meeting of the City Council was recessed at RECESSED 8:46 p.m. 8:46 P.M. The regular meeting of the City Council reconvened at RECONVENED 8:50 p.m. Roll call remained the same. 8:50 P.M. 00- CLOSED SESSION The City Council was adjourned to a closed session at CLOSED 8:50 p.m. to consider pending litigation as authorized SESSION by Government Code 54956.9(a) Gonzales vs City of Baldwin Park; Sarah Wen Shi Ma vs City of Baldwin Park; and United States et. al. vs Montrose Chemical et. al. BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 15-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3703-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 01-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 01 15 CC MINòw @˜x|CC MIN JAN 15 1992à›[H1ù8REGULAR MEETING OF THE CITY COUNCIL JANUARY 15, 1992 OF THE CITY OF BALDWIN PARK PAGE SIX 00- Mayor owes declared the regular meeting of the City MEETING Council adjourned at 10:15 p.m. There were no ADJOURNED objections. 10:15 P.M. BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 15-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3703-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 01-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 01 15 CC MINòw @˜x|CC MIN JAN 15 1992à›[H1ù8 January 15, 1992 CHANGES TO THE AGREEMENT WITH SIEGEL DIAMOND ARCHITECTS 1. Page 8 11.2.1 Agreement reads: Attachment A identifies compensation for architect. Should read: Attachment 1 identifies compensation for architect. 2. Page 10 12.1 Agreement reads: Scope of Services and costs are identified in Attachment I. Should read: Scope of Services and costs are identified in Attachment 1. 3. Page 10 3.12.2 Agreement reads: In providing assistance the architect shall propose the form and content of, and shall draft, these documents, but they shall be submitted to the Owner for review and approval of the Owner's Counsel. Strike draft and substitute complete". Note: Since AlA document 201, General Conditions will be used in the bidding documents it is not necessary for the architect to draft bidding documents, however they will be responsible for completing all the necessary forms. 4. Page 10 12.3 Add at the end of the paragraph," Architect would be entitled to additional compensation for any submittals beyond those specified in the Scope of Work." 5. Page 11 12.11 Agreement reads: Technical and Other Personnel: To be billed at two and three quarters time 2.75x) actual Direct Personnel Expense, calculated as actual payroll plus payroll taxes as expressed as a percentage of the hourly rate. Strike this paragraph and add clerical to the Personnel list at a rate of $35.00/hr. 6. Page 12 1.1.4 In Section C, line six 6) strike certificate of coverage. Add certificate and endorsement of coverage". 7. Page 13 Article 14 In the first paragraph strike the word defend. In Section b, strike the phrase, directly or indirectly and add at the end of the paragraph the following sentence, Not withstanding the foregoing, Contractor shall not be responsible for any final judgement which reflects the proportional liability of the City". Exhibit A" BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 15-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3703-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 01-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3704-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05