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Home My WebLink About1994 06 15 CC MIN1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ84' REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL 14403 EAST PACIFIC AVENUE, WEDNESDAY, JUNE 15, 1994 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, LOWES, MARTINEZ, MUSE, AND MAYOR VARGAS ALSO PRESENT: City Attorney Bower, Chief of Police Lanza, Dir. of Administrative Services Yeats, Dir. of Community Development Carbajal, Dir. of Human Services Nunez, Dir. of Public Works Mousavi, Deputy City Clerk Branek, and City Clerk Gair 4)0- The absence of City Treasurer Montenegro was excused. 4)0- Director of Administrative Services Yeats gave a brief biography of the career of Personnel/Risk Manager Nadja Cole. Mayor Vargas presented Mrs. Cole with a Thirty Year Employee Pin. 4)0- ORAL COMMUNICATIONS Mayor Vargas declared Oral Communications open and invited those wishing to speak on any subject to come forward. Pete Parry, 2516 Larkwood Dr., Covina, stated that he owns Cook's Trailer Park and that the park is a senior citizen trailer park. The rent is inexpensive, and he works with the people that have a hardship paying their rent. The park has been inspected and has passed all inspections from the state. The closing of the park by December, 1994, will have a severe effect on the tenants. He stated that he has appealed the closing of the park with the Director of Community Development and inquired about a variance. City Attorney Bower stated that according to state law a variance could be allowed. Al Reale, 14675 Channing, stated he was a senior citizen volunteer representative, that Director of Human Services Nunez was doing a good job, that Morgan Park is the best in the valley, and it's nice to see families participate in the park. He inquired about Morgan Street being torn up after being newly paved. He congratulated Councilman Gallegos for winning the Democratic nomination of State Assembly. There being no other speakers, Mayor Vargas declared Oral Communications closed. CONSENT CALENDAR City Clerk Gair presented Consent Calendar A: 1. Approval of Certificate of Posting for June 15, 1994 2. Approve Minutes of May 18, 1994 BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 Page Two June 15, 1994 3. Waive Further Reading and Adopt RESOLUTION NO.94-59 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Receive and File Treasurer's Report May 31, 1994 5. Waive Further Reading and Adopt ORDINANCE NO.1083 AMENDING THE 9 OF THE BALDWIN Second Reading) PARK MUNICIPAL CODE BY ADDING A NEW CHAPTER 9.50 REGULATING HOTELS AND MOTELS 6. Deny Claims Against the City Brian Odom Stephanie Villanueva 7. Approval of Public Service Contracts 20th Year Community Development Program CDBG) a) Fair Housing Council of San Gabriel Valley b) Baldwin Park Community Food Bank c) East Valley Boys & Girls Club d) YMCA WINGS e) Service Center for Independent Living f) Lutheran Social Services of Southern California g) H.O.,.P.O. In Youth 8. Approve Award of Contract Street Overlay Downing, Bogart & Pacific Avenue E.C. Construction 9. a) Approve Award of Contract Janitorial Services Metro Building Maintenance b) Extending Current Contract with Fierro Janitorial Services for 3 Months Councilmember Lowes requested Item No.9 be removed for separate consideration. Councilmember Muse requested Item No. 7 be removed for separate consideration. It was moved and seconded to approve Consent Calendar Items 1-6 and 8 as presented. MIS/C: LOWES/GALLEGOS. There were no objections. Councilmember Muse requested to see the Public Service Contracts, to form a task force to work with staff and the CDBG Advisory Committee next year to see if there are any duplications of services or services that are not being provided. Council agreed by unanimous consent. Council discussed that no complaints have been received in the 26 months that Fierro Janitorial has been servicing the City, that a mis-communication must have occurred regarding the bid dates, and that Council prefers local businesses to receive the jobs. Mayor Vargas stated that Council needs to be objective and not show favoritism, that the bid was advertised, a bid packet was sent to the current janitorial service and that Council does not owe a second opportunity to anyone to place a bid. It was moved and seconded to deny all bids and give the opportunity to rebid the janitorial service contract. MIS: VARGAS/MART[NEZ. BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 Page Three June 15, 1994 ROLL CALL VOTE: AYES LOWES. GALLEGOS. AND MUSE NOES MAYOR VARGAS AND MAYOR PRO TEM MARTINEZ ABSTAIN: NONE Motion Carries. Mayor Vargas and Mayor pro tern Martinez requested that letters be sent to the four companies explaining the process taking place, to invite them to rebid and that the advertisement be placed and the process speeded up. It was moved and seconded to accept the staffs recommendation to extend the current contract with Fierro Janitorial Services for three months pertaining to Item No. 9 Z) and approval of Item No.7 of the Consent Calendar. MIS/C: VARGAS/MARTINEZ. There were no objections. City Clerk Gair presented Consent Calendar B. 1. Waive Further Reading and Adopt RESOLUTION NO. 94-60- ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK RELATING TO SOUTHERN CALIFORNIA EDISON) It was moved and seconded to approve Consent Calendar B as presented. MIS/C: GALLEGOS/MUSE. Mayor pro tem Martinez abstained due to a possible conflict of interest. 4)0- PUBLIC HEARING Mayor Vargas introduced the Public Hearing pertaining to the Adjustment in certain fees and charges for issuance, processing and filing of various City services and permits Motorized Vendor Fees and Covered Picnic Areas." City Clerk Gair stated that Council adopted Ordinance No.1082 which allows motorized vending trucks within the City beginning June 18th. Council had requested that fees be set that would provide control of these motorized vendors and encourage quality businesses to apply. The Executive Team discussed the nine cities' surveyed and decided on a combination of the fees and requirements that best met Council's direction. The total cost of a business license and permit fees for an owner of one vending truck would be $483.75 per year. Two trucks would be $757.50 per year. The Human Services Department also included an addition to their fees for the Reservation of the Covered Picnic Areas" at a fee of $7.50 per hour. Mayor Vargas declared the Public Hearing open and invited those wishing to speak pertaining to the adjustment of certain fees and charges to come forward. There were none. Mayor Vargas declared the Public Hearing closed. In response to Council, City Attorney Bower stated that the City had the legal right to deny a license to anyone with a criminal background and that the background check would be done on the owner and the drivers of the vending vehicles. It was moved and seconded to approve Resolution No.94-62, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 94-36 SETTING FEES AND CHARGES FOR ISSUANCE, PROCESSING AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY." MIS/C: BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 Page Four June 15, 1994 VARGAS/GALLEGOS. There were no objections. Mayor Vargas introduced the Public Hearing pertaining to An appeal to the decisions and orders of the Building Official of the City arising from an inspection of property located at 14353 Garvey Avenue Dreamland Trailer Park) Appellant: Jaspal Soni and Daljit K. Soni; 16138 EIza Drive, Hacienda Heights). Exhibit A' Verbatim Attached) 4)0- The regular meeting of the City Council recessed at 8:40 p.m. The regular meeting of the City Council reconvened at 8:50 p.m. Roll call remained the same. REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Director of Administrative Services Yeats presented for adoption the Two-Year 1994-95 and 1995-96 Operating Budget for adoption. The Preliminary General Fund Budget for fiscal years 1994-95 and 1995-96 contained a deficit of $471,669 the first year and $531,985 for year two. The State actions have resulted in revenue shifts totaling approximately $798,000 since 1991-92 and includes the shift of $149,000 property tax revenues, to fund the City's portion of the Educational Revenue Augmentation Fund ERAF) payment for FY 1994-95. Locally generated revenues have been reduced by approximately $250,000 annually. The total revenue and fund transfers for FY 1994-95 are $380,023 and FY 1995-96 $480,870. The total expenditure reductions for FY 1994-95 are $136,228 and FY 1995-96 $77,188. The changes are reflected in the budget document. Staff recommended that Council adopt the Fiscal Year 1994-95 and 1995-96 Two-Year Budget. Council discussed the hiring of the ten police officers, Council travel budget, overtime for the police department, hiring Community Service Officers to relieve the police officers from writing traffic tickets, and interest shown by other cities to hire the police helicopter. Councilmember Lowes made a motion to place funding for the hiring of a City Manager in the budgeL Motion died due to the lack of a second. Council discussed the role of the Executive Team, that the Team is efficient and operates with the Council's goals in focus. In response to Councilmember Muse, Director of Administrative Services Yeats stated that the projected revenue for AB 1693 is $127,000 and the estimated revenue for AB 1693 is $129,000, and the amount that is given to the Chamber of Commerce. Council thanked the Director of Administrative Services Yeats and the staff for the efficient way the budget was prepared. The new budget will not only be balanced, but will provide more services to the community. It was moved and seconded to approve Resolution No.94-63, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE TWO YEAR BUDGET FOR THE CITY OF BALDWIN PARK FOR THE FISCAL YEARS COMMENCING JULY 1, 1994 AND ENDING JUNE 30, 1995, AND COMMENCING JULY 1, 1995 AND ENDING JUNE 30, 1996." MIS: VARGAS/GALLEGOS. BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 Page Five June 15, 1994 ROLL CALL VOTE: AYES VARGAS. GALLEGOS. MARTINEZ. MUSE NOES LOWES ABSTAIN: NONE Motion carries. Director of Administrative Services Yeats recommended that Council adopt a reso]ution establishing the City's appropriation limit for Fiscal Year 1994-95 as required by State law. The appropriations may increase annually by a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local non-residential construction. The City's annual appropriation limit for Fiscal Year 1994-95 is $29,053,432 and the budget proposes to appropriate only 42% of the allowable limit. It was recommended that Council adopt the appropriations limit for Fiscal Year 1994-95. It was moved and seconded to approve Resolution NO.94-44, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 1994-95." MIS/C: MARTINEZ/LOWES. There were no objections. Director of Administrative Services Yeats stated that whenever there are additions, deletions, or revisions to the City's classification plan, the City prepares a resolution for approval and adoption. The amendment to the resolution involves the reinstatement of the two existing classifications of Public Works Inspector and Engineering Technician. The revision of two existing classifications to better describe the duties and reporting levels of these positions were formerly Programmer/Analyst and Computer Operator. The position titles will now be Information Systems Supervisor and Information Systems Support Technician. There are no revisions to the current salary range of any of these positions. It was recommended that Council approve the City's Classified and Unclassified Position. It was moved and seconded to approve Resolution NO.94-45, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 93-94 A CLASSIFICATION PLAN FOR THE CITY'S CLASSIFIED AND UNCLASSIFIED POSITIONS. MIS/C: GALLEGOS/MARTINEZ. There were no objections. Director of Administrative Services Yeats stated that the current salary plan resolution needs to be amended to reflect the reinstatement of two classifications to the plan and to reflect the revision of two classification titles. There are no revisions to the salary range of any of those positions. It was recommended that Council approve the Basic Salary Plan. It was moved and seconded to approve Resolution No.94-46, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 93-95 A BASIC SALARY PLAN FOR EMPLOYEES OF THE CITY OF BALDWIN PARK." MIS/C: MUSE/MARTINEZ. There were no objections. Director of Administrative Services Yeats recommended approval of a resolution establishing the reporting of the value of employer paid member contributions as compensation. The Public Employees Retirement System PERS)) has realized that they have no mechanisms to verify what agencies do include as compensation for the purpose of retirement. PERS is now requiring agencies to formally verify if employer paid member contributions are reported as compensation. The City has paid the member contributions on behalf of the employee and have shown that contributions as compensation. It was recommended that Council approve and adopt the resolution establishing the reporting of the value of employer paid member contributions as compensation. BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 Page Six June 15, 1994 It was moved and seconded to approve Resolution NO.94-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING THE REPORTING OF THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS AS COMPENSATION USING THE SPECIAL COMPENSATIONS APPROACH GOVERNMENT CODE SECTION 20023 C)(4)." MIS/C: LOWES/MARTINEZ. There were no objections. Director of Community Development Carbajal requested Council and Agency Board approval of the Agency Budget for Fiscal Year s) 1994-95 and 1995-96 and the provision of administrative staff support and professional services to the Agency from the City. The budget reflects a basic reporting and administrative structure for the Agency. Some of the project areas are built out and that most of the Agency's financial resources are committed to meet existing indebtedness, in particular bonded debt. Staff will provide support for the Agency activities and be reimbursed by the Agency. Priorities for FY 1994-95 and 1995-96 will continue to he development along the I-10 Freeway Corridor. The Agency will focus on placing a significant amount of fluids into the low and moderate income housing fluid. It was recommended that the Council approve the Agency Budget and Loan Agreement. It was moved and seconded to approve the Agency Budget and Loan Agreement. MIS/C: MARTINEZ/GALLEGOS. There were no objections. 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Mayor Vargas clarified that whenever a Councilrnember wants an item placed on the agenda, it is to be brought before Council and Staff at a Study Session for discussion or in a Closed Session and direction given to staff to place on the next agenda with a report. Councilmember Lowes stated that she had requested the school crossing guard issue be placed on this agenda at the previous Council meeting. Chief of Police Lanza stated that direction was given to form an Ad-Hoc Committee to meet with the school district on July 21st to deal with the school crossing guard issue. The Tuesday Status Report would contain more information on the Ad-Hoc Committee and the meeting with the school district. Councilmember Lowes requested Council support the San Gabriel Basin Water Quality Authority for the Consensus Approach to Groundwater Cleanup." She explained the Monterey Park Dump, the cost to the City for defense in that case, and a pending litigation for the Sanitation District. Groundwater contamination was first discovered five years ago and the San Gabriel Groundwater Basin has been deemed a Superfund site. She stated that there will be a workshop on June 2Oth that she will be attending. She requested Council consensus to support the Consensus Approach for groundwater cleanup. City Attorney Bower stated that a change needed to be made to the resolution beginning" NOW THEREFORE, the City Council of the City of Baldwin Park does hereby resolve to support and approve the WQA Consensus Approach to groundwater cleanup and memorializes." It should read NOW THEREFORE, the City Council of the City of Baldwin Park does hereby resolve to support and approve the WQA Consensus Approach to groundwater cleanup and encourages" It was moved and seconded to approve Resolution NO.94-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN SUPPORT OF THE CONSENSUS APPROACH TO GROUNDWATER CLEANUP," as corrected. MIS/C: VARGAS/LOWES. There were no objections. BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 Page Seven June 15, 1994 Councilmember Lowes requested a traffic committee to look at Park Place and Ramona Blvd. possibly placing speed bumps on the street. Mayor Vargas stated that the City of Los Angeles has speed bumps on the residential streets and requested staff look into it. Council agreed by unanimous consensus. Councilrnember Muse requested the Baldwin Park Foothill Transit Joint Powers Agreement be placed on the July 6th agenda for review. Mayor Vargas requested that a report be placed on the July 6th agenda with a recommendation pertaining to SB 770 for the Sanitation District user fees for reclaimed water. City Attorney Bower stated the that after the posting of the agenda there was a need to consider a request from the Chamber of Commerce. It was moved and seconded to place the request from the Chamber of Commerce for an advance of $8,000 on the agenda as a Subsequent Need Item.81 MIS/C: VARGAS/LOWES. There were no objections. Director of Administrative Services Yeats stated that the Chamber of Commerce has requested an $8,000 advance on 1994-95 AB 1693 funds, and that the Chamber requested and was granted $10,000 last year. The advance would need to be taken from General Fund Reserves and that is not recommended. In response to Councilmember Lowes, Director of Administrative Services Yeats stated that to replenish the loan to the General Fund Reserves would take until approximately September. Council discussed a request from the Chamber of Commerce for an $8,000 advance from next year's AB 1693, that the Chamber has made it a habit to get a loan from the City, that the Chamber takes it for granted that the City will grant the loan and that last year the Chamber was given $120,000 including a $10,000 loan. The City does not expect anymore from the Chamber than any other contractor that provides a service to the City. It was moved and seconded to accept the recommendation to deny spending the General Fund Reserve money to forward the Chamber of Commerce a Ioan. MIS/C: VARGAS/MARTINEZ. There were no objections. Mayor Vargas requested someone be at Morgan Park or someone at Morgan Park be responsible for cleaning up the trash on the weekends; 2) The cleanup of the park could be included in the RFP process for the janitorial services; and 3) That Barnes Park needs basketball nets. Mayor pro tern Martinez requested one basketball hoop at Morgan Park; 2) Other cities use their park and recreation departments to do cleanup at the parks, it does not need to be weekend staff to do that type of work; and 3) Extending the fountain hours at Morgan Park. He expressed his appreciation for the Bike Rodeo on June 11th. He also congratulated Councilmember Gallegos on his victory as the democratic nominee for the 57th District. City Attorney Bower stated there was a need to add to the Agenda, by motion and 2/3 approval an additional Closed Session Item. This is Conference with labor Negotiator the Agency Negotiator Nadja Cole, the employee organizations, Professional and Technical, Confidential, SEIU and Management, pursuant to 54957.6 of the Government Code. Need arose subsequent to the posting of the agenda in that the Mayor received some facts pertinent to negotiations, over the past couple of days, additionally the City did receive a letter regarding certain legal issues that bear on the negotiations. It was moved and seconded to place the Closed Session item, Labor Negotiator, Nadja Cole, Employee Organizations: Confidential Management Group Professional and Technical SEIU Local 347, pursuant to Government Code 54957.6 as a Subsequent Need Item. Z MISIC: VARGAS/MARTINEZ. There were no objections. BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 Page Eight June 15, 1994 00- The regular meeting of the City Council recessed at 10:29 p.m. The regular meeting of the City Council reconvened at 10:31 p.m. Roll call remained the same. CLOSED SESSION The regular meeting of the City Council adjourned to a Closed Session to consider 1) Public Employee DisciplineI/Dismissal/Release, pursuant to Government Code 54957; 2) Public Employee Appointrnent, Title: City Attorney, pursuant to Government Code 54957; and 3) Labor Negotiator, Nadja Cole, Employee Organizations: Confidential Management Group Professional and Technical SEIU Local 347, pursuant to Government Code 54957.6. The regular meeting of the City Council was in session at 11:29 p.m. and no action was taken relative to the Closed Session. 00- The regular meeting of the City Council adjourned at 11:30 p.m. to an adjourned regular meeting on June 29, 1994 at 7:00 p.m. in the Council Chambers. LINDA L. GAIR, CITY CLERK BETTY BRANEK, DEPUTY CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z! CC MIN JUN 15 1994â›[HÌ 8 EXHIBIT A" VERBATIM 6/15/94 PUBLIC HEARING AN APPEAL RELATING TO THE DECISIONS AND ORDERS OF THE BUILDING OFFICIAL ARISING FROM THE INSPECTION OF PROPERTY LOCATED AT 14353 GARVEY AVENUE DREAMLAND TRAILER PARK APPELLANT: JASPAL SONI AND DALJIT K. SONI, 16138 ELZA DRIVE, HACIENDA HEIGHTS. Mayor Vargas: After introducing the Public Hearing stated. We will have a staff report, followed by a Public Hearing and then comments and questions from the Council. Director of Community Development Carbajal: Mayor and Members of the City Council the Public Hearing item you have before you is one of 15 trailer parks that the City of Baldwin Park Building Department, Housing, Police, State agencies, along with County Fire department Health and Safety joined a task force and went out in an effort to clean up and actually inspect a lot of these properties. The property that is in question tonight or that is before you tonight is trailer park/auto court at 14353 Garvey Avenue. While at this location, building officials as well as, state people went in and did an inspection, again, as the city's authorized authority is.. we only have the authority to inspect buildings or dwellings that are on these that are actual structures. Any trailers would have been done by the state and to this date we have not had the final report back from the state as to what the trailers are, but I can tell you that 11 units, units meaning dwellings that were converted were red tagged for sub-standard conditions. Some of the sub-standard conditions were: numerous electrical problems, plumbing, mechanical violations, to mention just a few, we also had raw sewage problems out there, exposed electrical. In addition to that four trailers were red tagged, that again was done by the state for DMV violations for no licenses and tags on trailers and no California registration. The Housing Division, out of the people that were interviewed, 8 families in the units, 2 families were in trailers, all of them have been provided housing or assistance for housing as necessary. Again, some of the conditions that were found there, in the section of the auto court trailer park, this was not designated, they converted this and actually put kitchens in without ventilation and we're talking about gas burning appliances, bathroom walls that were deteriorated, fixtures that were broken, smoke detectors that were not hard wired. All of the units, of course, were cockroach infested and what really concerned us was when you start to find facilities of this nature, raw sewage that is just floating around out above ground. That would conclude my comments at this time. I have had numerous conversations with a lot of the property owners, in particular this gentleman, Jaspal Soni, who is a Senior Utilities Engineer for the State of California and at this point I also know that staff has met with him, with regards as to what can be done at the property. This property has also been served with a notice of abatement. Mayor Vargas: Thank you, Mr. Carbajal. At this point I would like to open the Public Hearing and anyone interested in addressing on this matter please step forward. State your name and address and confine your comments to five minutes, please. Attorney John William O'Donnell: Good evening, Mr. Mayor, Members of the Council, Mr. Bower, my name is John William O'Donnell, I'm an attorney, I represent the owners of the property, Jaspal Soni and Daljitt Soni. You've heard a brief recitation by Mr. Carbajal as to what the findings were of the building officials BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z! CC MIN JUN 15 1994â›[HÌ 8 2 and others who were there. I'm not sure that this is the best venue for bearing this matter. My client is now looking at least 49 pages of corrections. I'm not sure we can deal with 49 pages of corrections in five minutes before this body. The Housing Code and Building Code provide for the appointment of a Hearing Examiner who might be a more appropriate referee of this particular matter. The Housing and Building Code also provide for site visits by the examiner or by this board. We would think that considering the nature of the problems that Mr. Carbajal describes, that no hearing examiner, no City Council, sitting as a board of building appeals, or whatever, could possibly make decisions on the validity of these corrections and the validity of the acts of the building officials without having an ample amount of time, more that five minutes certainly, to hear this matter... City Attorney Bower: Mr. O'Donnell, we will give you more than five minutes to present your case... Mayor Vargas:......as long as you want. Attorney O'Donnell: I'm giving notice to the City, I don't think this particular matter can proceed without site visit. more Mayor Vargas: Excuse me? Attorney O'Donnell: It can't proceed without a site visit. Secondly,... Mayor Vargas: I visited the site. Attorney O'Donnell: According to the Building Code there are certain procedures by which the site visit can be conducted... Mayor Vargas.: First of all, let me interrupt, does Mr. Soni, or do the Soni brothers, I assume... Attorney O'Donnell: Mr. and Mrs. Soni. Mayor Vargas: Excuse me, Mr. and Mrs Soni. Do they plan on operating the trailer park until December 1st? Is that the otherwise the point is moot, I mean the trailer parks's are going to cease December one whether or not.. 50 does he plan on operating until December first?.. Is that the... Attorney O'Donnell: He would like to, but more so, Mr. Mayor, this is not just a trailer park. As Mr. Carbajal indicated, he called it an auto court. Its' name is Dreamland Trailer Park, but it consists equally of trailer spaces, occupied trailer spaces, and apartment units. And, of the red tagged units, 11 were apartment units, 4 were trailers, so I think the staff is also operating under this false premise that the property can no longer be used after December, because they've conveyed that to Mr. Soni. Mayor Vargas: It can no longer be used as a trailer park. Attorney O'Donnell: They have not said that, they have argued the point with respect to his use of it for purposes as a apartment units. Now, if I might, there are 11 apartments units there, all of them have been red tagged, all of them on this cavalry inspection on the 19th of May, there were no prior cites outstanding, there was no notice given to Mr. Soni of any corrections that had to be made before the premises might have to be cleared... Mayor Vargas: So you're denying that there was anything wrong with the premises... BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 3 Attorney O'Donnell: Not at all, no, absolutely not. But the premises were inspected on May 19th pursuant to the warrant, it was issued by Citrus... A judge in Citrus Municipal Court. The premises were inspected by a cadre of individuals. The premises were red tagged before the corrections were even provided to Mr. Soni and Mr. Soni had to persist with your staff to get the corrections, even so, not all of the corrections have even apparently come in to, even of this date according to Mr. Carbajal. I was not aware of that, I thought I had seen all of the corrections, but perhaps there are still others outstanding. His Soni) tenants, 12 low income families had to move, and they are low income families, they needed shelter, they were living there, I saw the premises, the premises appeared to me, the occupied premises appeared to me to be clean, safe, modest for low income people. The people seemed to be pleased with the accommodations and the rent they were paying. But never the less they were forced to move and now he is faced with a situation, he and Mrs. Soni, are faced with a situation where the staff is stonewalling with respect corrections and explanation of corrections on the property. He has asked numerous times since May 19th to meet with your staff to have your staff come out to the property to site view it with him, to show him what corrections need to be done, explain the ambiguities which exist all over these 49 pages of corrections. To explain which of these corrections is necessarily to be dealt with in order to make the units safe for occupancy. This is a blatant, broad brush of 49 pages of corrections and.. oh, by the they are all unsafe, we're not exactly sure which corrections have to be dealt with to make them safe for occupancy. And we've attempted, through Mr. Soni, to deal with Mr. Carbajal and other staff people who say, as you have indicated your honor that well it's all going to close in December, why bother? That's how he has been dealt with. And yet, he has been trying to get information about a) the nature and specifics of the corrections; b) which corrections are material and must be dealt with in order to make the units safe for occupancy, because co many of the corrections are not. He cannot get that information. The 15 units remain red tagged, because he cannot get that kind of information, even the courtesy of a walk-through with an inspector which was agreed to at one point and backed out of by the City. He is dependent, when he bought the property 1990, he bought it as it is. He bought it knowing that the income, hoping that the income would provide enough to pay the note on the property. He has maintained it, he has not made any physical improvements to the property that require permits. He was not told he had to. No one has said anything about the corrections that he had to make, until this particular day in May. But because the corrections are so numerous, because this is not an appropriate venue for them to be dealt with, probably a forum for them to be dealt with, we recommend that the matter be referred to a Hearing Examiner so we can have a site visit. And, in fact that you direct your staff to consult with him even at the property. To point out to him what theses ambiguous corrections are and which ones require that the property be... that the corrections be made to make the units occuble. occupiable. Right now he has no income from 15 units. This effectively denies him the ability to pay his note, which may cause him to lose the property, all because no one is providing him the information. COUNCILMAN GALLEGOS: Excuse me, Mayor. Counselor, what you're.. what I understand you're asking us is, you're asking us to allow individuals to live in sub-standard, deplorable, despicable, inhuman conditions so this man can pay his note? Is that what you're telling us? You're asking us... Attorney O'Donnell: No, Mr. Gallegos... Councilman Gallegos: I'm not finished Counselor, please. We BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z! 1994 06 15 CC MINòw @˜z! CC MIN JUN 15 1994â›[HÌ 8 5 on, 49 pages of them, yes. Mayor Vargas: And he received.. he received those specific code violations.. which was... Attorney O'Donnell: No, 1.... Mayor Vargas: No, no. They are all right here pointing to a report). If I have them, Mr. Soni has them. It's a... Attorney O'Donnell: They're not specific code violations.. Mayor Vargas: It says City of Baldwin Park Notice: Replace dilapidated lavatory vanity in bathroom, Unit Number 14353... Attorney O'Donnell: What is a dilapidated bathroom unit, sir? What is a dilapidated bathroom unit? Mayor Vargas: Let's be serious.. let.. no, no, wait a minute... Attorney O'Donnell: What is a dilapidated bathroom... Mayor Vargas: How many bathroom units are there in 14353? One Attorney O'Donnell: What's dilapidated about it? Mayor Vargas: One! It says replace. In the opinion of the of the building... in the opinion of the code inspector... that needs to be replaced... Attorney O'Donnell: Mr. Vargas, Mr. Vargas, I don't dispute the corrections.. dispute the corrections. What I'm asking for is because you red tagged those units. You've red tagged 15 units. You made a determination that a dilapidated bathroom c&binet, I guess, is the reason that particular unit was declared... Mayor Vargas: No, no, no, no, no. There's four... Attorney O'Donnell: We don't know which one.. they wouldn't talk to us. Mayor Vargas: On this particular unit there's eight different... Attorney O'Donnell: Which ones? Which ones of those.. Mayor Vargas: On 14353 there's... Attorney O'Donnell: make the unit unsafe to occupy? Mayor Vargas: all eight of them. Attorney O'Donnell: The dilapidated bathroom cabinet makes it unsafe to occupy? Mayor Vargas: Repair all kitchen cabinetry that is dilapidated. Because it might fall on some little kids head. Attorney O'Donnell: I don't know, sir. We've been asking for this information, we can't get it. Director Carbajal: Mr. O'Donnell, I don't know, he's probably not aware of this, but his client was in talking to our Building Official yesterday, going over these items so your comment of us not giving him Soni) the opportunity to sit down and talk about this stuff is incorrect. So I think you need to verify that. interrupted by Mr. O'Donnell words inaudible) Well, I'm not here to argue with you. Well, no he came in yesterday and sat BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 6 down. We've had various phone conversations. Attorney O'Donnell: I've been dealing with this up until yesterday. Mr. Soni will have an opportunity to speak, too. Mayor Vargas: That's fine. Mr. Carbajal: That's right. But they went through each one of these items and again I don't have an understanding, but.. that's why there are attorneys and there are people that are involved, building off icials. There is a difference between being able to vent a gas stove and not venting a gas stove, so I would think if you lived in a condition where it is not being vented there might be a chance that you might suffocate and die. So that to me is a danger. Again i don't know if that would be considered a term that an attorney would think of but as far as us in a safety standpoint we would. We acted on this as a quality of life issue and everyone of the people I have talked to, and I have spoken to Mr. Soni, it seems to be a monetary issue that is a problem. We Housing) have dealt with relocating these people and giving them an opportunity of a quality of life. We have put them in better places and that has been the whole emphasis behind what we are doing. We're not involved in this thing for a dollar amount and that I think is the biggest argument. We're willing to be open, Mr. Perry came in the other day, sat down, spoke with me, with him and his wife, we had a very nice conversation about what his needs were. So that if Mr. Soni feels that I've stonewalled him or any one of my staff, I don't know, I mean, I haven't had that kind of problem with the other owners so I don't know where this is going. Mayor Vargas: Okay, continue please. Attorney O'Donnell: No, I think we're.. you just had an example of it right there. We've been asking for information, we're not getting it. You can look at the list. Mr. Gallegos can presume because a staff tells him it's unsafe... Mayor Vargas.: This list.. this list... Attorney O'Donnell: is gop... Mayor Vargas: This list to me, Mr. O'Donnell, is extremely thorough. Would you like me to... for the audience, to read all the 49 pages of specific.. no, no, no, let me finish.. very specific cited items... Attorney O'Donnell: You can do that, this is your body that you chair... Mayor Vargas.: Exactly, but for you to say that Mr. Soni doesn't have a clear understanding of what the problem is.. if there's raw sewage in a canister in front of a.. of a mobile home trailer park, that doesn't have a fire extinguisher.. a fire alarm that doesn't work, that has a cabinet that's about to fall down, that doesn't have the gas correct.. installed correctly. I would think that you would agree that maybe that unit is uninhabitable. And it wouldn't take you, all these specific code violations and health violations to figure that out. Mr. O'Donnell: Have you been there, sir? Mayor Vargas: I have been there. I have been at all those trailer parks. Mr. O'Donnell: Have you been in the units? Mayor VARGAS: Excuse me? I've been. I've been, not in all of them, but in plenty of them to be able to make a determination BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 7 that... Attorney O'Donnell: When was that, sir? Mayor Vargas: that people.. probably about three weeks ago. Attorney O'Donnell: Was that on the day of the inspection? Mayor pro tern Martinez: Mayor Vargas, I'd just like to make a comment before we go off in different circles. You're talking about these ambiguous citations and I just Can't buy that. Sure there may be some things that may border on ambiguous, but your client, sir, is a Senior Utilities Engineer for the Public Utilities Commission for the State of California. I would think with some ability to walk into a unit and to determine what is wrong and what is right. Attorney O'Donnell: Have you been in those units, sir? Mayor pro tern Martinez: I have been to various locations along that strip, sir. I don't know if I've been to yours. And you make a comment that they're modest units for people of low income. I take great exception to that, sir, because I would be willing to bet, sir, that you would not live in one of those units, as they are... Mr. O'Donnell: I have, when I was younger. Mayor pro tern Martinez: as they are right now, sir, as they are right now and if he's having problems financially paying his notes maybe he can move from his mansion from wherever he comes and take one of those units and rent that for a while. Because I've been there at night and seen dead dogs, I've seen trash all over those properties and.. he bought this property, and you mentioned it, in 1990 as is, and that property is still as it was in 1990, if not worse. So, I don't understand why all of a sudden now the City is supposed to feel for this individual because he can't make house note, because he doesn't have eleven people, that were being taken advantage of, to pay rent. I'm sorry. Mayor Vargas: And Mr. O'Donnell, you know what, we'll take your.. your appeal and your suggestions and recommendations under advisement and we'll ask our City Attorney to provide us with an opinion as to whether or not we should.. we should concur with any of your recommendations.. and we'll deal with that. Go ahead. City Attorney Bower: I believe, one question that was asked that was not fully answered was, what exactly are you appealing? Is it a finding made by the Building Official? Attorney O'Donnell: I'm appealing, yes, that I understand is the only, only matter before this body. The finding... City Attorney Bower: Okay. Which finding? Attorney O'Donnell: Well, the 49 pages of findings that he relied on to determine that the 11 apartment units and 4 trailer units were unsafe for occupancy. It's the whole enchilada. City Attorney Bower: Okay. You're aware that.. then you're just talking about the ones that were ordered to be vacated. Attorney O'Donnell: We are not questioning the nature of many of the corrections. We are.. we are contending that the corrections which are overkill, just cosmic overkill, perhaps for... BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 8 Mayor Vargas: In your opinion... in your opinion, Mr. O'Donnell. Attorney O'Donnell: Of course that's why I'm here and why you are there, sir. The.. this was overkill and we have been trying to figure out which of these things have to be corrected in order to make them occ. fit for occupancy, a very important reason. But we have not gotten that information. City Attorney Bower: You understand that the four trailer units, we have no jurisdiction over. We cannot... Attorney O'Donnell: I don't know who put the red tag on them. City Attorney Bower: make that appeal. Okay, that was the State Department of Housing. Attorney O'Donnell: Presumably, I don't know. City Attorney Bower: Now, in terms of the 11 units... Attorney O'Donnell: The 11 units and one freestanding utility building or whatever it's called. City Attorney Bower: From what's gone on I'm unclear, however, that... it seems that you're looking for a reversal of the finding that they're unfit or just a clarification as to why they're unfit? Attorney O'Donnell: Well, at this point, since there is no clarification of why they're unfit, I'm asking for a reversal of the finding that they're unfit. If we had a clarification, if we were able to understand the specifics, we're willing to make whatever corrections are appropriate. Mr. Soni has been ready right from the get-go, to tell me what I have to have. Come out to my property, look at it, tell me what I have to do, I want to get these things back up and running. He's been asking for that, he's been asking for that of your staff. If he met with Mr, Carbajal yesterday, great, because he wasn't able to do that before, but he was trying. If you want to put this matter over for two weeks and let Mr. Soni work out, with your staff, what he has to work out, I would find that perhaps appropriate and a sign of accommodation, considering that 11 units there are not going to be closed down in December. The 11 apartment units. Not by virtue of what notice has been given. City Attorney Bower: There again.. that depends on whether apartment units are allowed in that zone also, but.. 15 it, is it staff's concurrence that less than full compliance would alleviate the problem so that... Mr. Carbajal: Yes, we're talking about 11.. the 11 units are converted. They are not structures that were intended to be apartments and I guess that's the interpretational problem that obviously Mr. O'Donnell's client hasn't been able grasp yet, that you can make some changes, but in some of these it's going to take a ton of work, and one they were converted, so that's what we're dealing with here. City Attorney Bower: Okay, as I understand what you're saying that Mr. Soni could come in and, for example, show that he's corrected the majority of the problems and then ask for a determination that it is now habitable? Mr. Carbajal: Correct. City Attorney Bower: And would the staff be willing to give that sort of guidance to Mr. Soni when he comes in. Mr. Carbajal: Mr. Soni could come in.. hold on a sec.. could BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 9 come in apply for the bid process and go through that whole thing of making all of these corrections. Once those are done, based on what can be corrected, something cannot be corrected. I mean you do not deconvert something that was a garage, deconvert it and try to make it into an apartment. It was a garage, it needs to either go back to being a garage or it needs to be demolished. City Attorney Bower: Okay. Mayor Vargas: Mr. Cosgrove did you have anything to add? Building Official Cosgrove: Mr. Mayor and Councilmembers. Mr. O'Donnell, we are not stonewalling Mr. Soni. On Monday, 6/13, Mr. Soni asked for an appointment. Mr. Soni came in with Mr. Shiev Talbar, his architect. Mr. Talbar's from Design Concepts, Chino Hills, phone number 909-393-0273. Mr. Soni, Mr. Shiev and myself went over each and every correction that we had verbally. When Mr. Soni and Mr. Shiev Talbar left they seemed to know what everything was about, there didn't seem to be any problem at all, they brought in a plot plan, he said he'd get back to me. He called me today. I said if you want to have permits issued, we would issue permits, however, come December, come December, it's over with. And I explained this at great length and for you Mr. O'Donnell to say that we're stonewalling, we are not stonewalling at all. We went over each and every corrections. Anything he Soni) asked for we tried to give him guidelines on. Mr. Talbar brought in a plot plan. We went over the plot plan with him. So, I don't know how much more clearer we can do it, sir. Thank you. Mr. O'Donnell: Well, sir, I appreciate the information and this was not happening until Monday despite many, many, many, MANY attempts to deal with Mr. Carbajal and other members of your staff. So, great that happened on.. yesterday was the meeting? Yesterday was the meeting? Mr. Cosgrove: No, Monday was the meeting.. Monday was the meeting Mr. O'Donnell. Mr. O'Donnell: I appreciate. but, please... Mayor Vargas: We appreciate your dramatics, Mr. O'Donnell, but maybe Mr. Soni would like to add something. Would your client like to add something? Mr. O'Donnell: Maybe in a moment. As I understand, and this indication just.. from.. is that Mr. Nunez? I'm not sure who the gentleman was. Mayor Vargas.: Mr. Cosgrove. Mayor Vargas: As he indicated in December it's going to be all over and.. and I don't understand that, and I don't think the corrections state that... Mayor Vargas: Mr. Soni has come in and Mr. Soni. if Mr. Soni needs a greater... if you need a greater clarification, I would suggest that you and Mr. Soni make an appointment with Mr. Cosgrove and Mr. Carbajal. Come in and get a very clear... Attorney O'Donnell I've read your ordinance. Mayor Vargas: explanation. No, no, but you're saying your still confused. So why don't you come in. Sit down with Mr. Carbajal and Mr. Cosgrove. Go through what the position of the City is, what the position of the code and of the ordinances are, BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 10 and if you have problems with ordinances or the codes, or the interpretation of the ordinances and the code, then at that time you can come back and say that my client doesn't need to convert these units based on a, b, and C. Right now you aren't saying any of that. What you're asking for is a reversal of the.. or a reversal of the.. 1 guess, the whole search warrant. Mr. O'Donnell: No, Sir. In a different form perhaps. Mayor Vargas: You're basically saying that you.. you're not asking for these units to be inhabited? okay, you.. what your client wants is for us to say today, it's okay for people to live in those units as is. Is that what you're saying? Mr. O'Donnell: Make a finding of that Mayor Vargas: Okay. That's not going to happen. At least that's not going to b& the recommendation. Mr. O'Donnell: Make a site visit... Mayor Vargas: No, no. Let me... let me go back. What these notices provide is an opportunity for Mr. Soni to correct them. There is an opportunity. Mr. Soni does have an opportunity to do it this week, to do it next month, do it November 30th. He has that opportunity. We're not denying him that opportunity. Our staff hasn't denied him that opportunity of understanding or clarifying what those changes need to be. So, we don't need to reverse any action that's happened for Mr. Soni to have an opportunity to do that. Mr. Soni has an opportunity today, tomorrow and next week to come in with you to get a very clear understanding of what those issues are that need to be corrected in order for those units to open up and for those other units you think are still in question to determine whether they can open up or not. It's obvious that our staff has said, or determined, based on their expertise, that those units should not be inhabited past December 1. If your client has a different interpretation and if you have a different interpretation of the ordinances or the zoning plans for those areas, they'd be happy to entertain those interpretations. We can bring it back at that time, but as far as what has been done so far, with regard to the housing.. the violations of the Housing Code and of the Building Code, those are very, very clear. And for the Council to reverse something that's been put forward by experts would be very irresponsible, number one, and number two, that action in no way precludes Mr. Soni or you from continuing to determine what it is that you need to do in order to make those units inhabitable. That.. that's fairly clear. Attorney O'Donnell: I'm glad it is to you, sir. Thank you. Mr. Soni would like to say a few things if he might have the opportunity. Mayor Vargas: I was going to invite him up. Mr. O'Donnell: Thank you. Jaspal Soni: Mr. Mayor and honored Councilman, Jess Carbajal and some of the code inspectors, like Ray Cosgrove, and some of those that are not here. I'm here to make some of my feelings known to you. I bought this property in 1990. First of all my name is Jaspal Soni. I work for the State of California. I'm a Public Utilities Engineer. I work in the safety. I'm a registered professional engineer. I bought this property in 1990 the way it was. It was never disclosed to me that this is a non-conforming property. After I BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 11 bought the property I called the City and I asked them with reference to Sierra Vista Project and some of the Freeway Commercial Zoning, how does my property fit in to that picture or in the perspective? And I was told that, you need at least 4 1/2 acres to do anything, make improvements, that's how the City will help if you need any financial help, but you need 4 1/2 acres. I said I don't have 4 1/2 acres. All I have is basically less than an acre. And I said, could I get any help from the City. The City said, no you cannot.. we can't help you but you could make any improvements for the existing use, whatever the existing use is. And they made it clear. to me, the Planning Department said yes.. the existing use is in conformance. Under no circumstance did they ever said that, you have a limited span of life, this is non-conforming, there was ordinance passed. Nothing of that sort. And this was in 1990. Since... since then I have seen absolutely no safety inspections by the City of Baldwin Park. Absolutely none whatsoever. If there was any safety problems, any problem, it's basically the tenant, the delinquent tenant, who's behind in rent one or two or three months, he's been served with an eviction notice. They would complain to the Health Department. Then the Health Department would come and make a visit and make some citations. And I would correct them... Mayor Vargas: Can I interrupt you? I'm sorry, Mr. Soni. Something just struck me that.. that.. 1 can't wait. You're a safety engineer for the California Public Utilities Commission. And what do you do on your job? Specifically? Mr. Soni: I'm in charge of the gas, gas safety. Mayor Vargas: Gas safety? Mr. Soni: Natural gas. Mayor Vargas: What? The state? Or a certain part of the State? Mr. Soni: For the State. Mayor Vargas: The whole State? Mr. Soni: Yes. Mayor Vargas: There were no safety inspections of your property? Mr. Soni: None whatsoever by the City. of Baldwin Park. Mayor Vargas: Was it you determination that those units as they stood... if the City of Baldwin Park had not gone to those units on May 19th were those units safe in your opinion? Mr. Soni: Yes. Mayor Vargas: They were. Mr. Soni: Yes. Mayor Vargas: That's very interesting. AND so you don't agree with the Housing Inspectors or the Building Inspectors, you think they're wrong. Mr. Soni: Okay. Let me.. let me... Mayor Vargas: No, no, no, no. Answer my question. You think they're wrong? And what they found? Mr. Soni: Let me.. let me BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 12 Mayor Vargas.: You did.. yes. They're wrong then. Mr. Soni: I'm not saying there's no problems with building, okay. The problems are there.. the site... Mayor Vargas: I just want to be clear on that, Mr. Soni, because you're the safety engineer. Mr. Soni: the site.. wait a minute.. the site is 80 years old or more, okay. The problems are there. I'm not... Mayor Vargas: Absolutely the problems are there and the responsibility is your because you are the owner. Mr. Soni: Yeah. I'm not questioning the citations, okay. I'm trying to understand the citations. What I'm saying, there's has been none safety enforcement by the City of Baldwin Park, until January 1994. Mayor Vargas: You're absolutely right. There.. there's violent crimes that happen allover the country and in our community. Sometimes you don't have the resources to catch criminals, that doesn't make their crimes okay. And when we have the resources, and we have the time to go after the things we should have gone after all along, just because we didn't do it before, doesn't mean they're okay to do. And I think you follow my logic. So, I don't understand your argument, that because there were no safety inspections. You need some kind of warning so that you can fix your property. So that whenever someone is going to come to inspect it, you know, you'll be nice and ready for it. That's not the way it works! And I would hope that you would understand that as a safety engineer. Mr. Soni: As a state engineer we have a safety program. We we, first we communicate with the people, if there's any problems, what the problems are. We notify them ahead of time and we see whether they have done the corrections or not. If they don't... Mayor Vargas: Do you wait for.. do you wait for... for a gas line to blow up before you fix it. Mr. Soni: Depends. Mayor Vargas It depends? Mr. Soni: It depends.. it depends... it depends on the issue. Mayor Vargas: On the issue? Mr. Soni: What gas line are you talking about? Mayor Vargas: Do you routinely inspect gas lines? Mr. Soni: Wait a minute.. no, no, mayor... Mayor VARGAS: Do you routinely inspect gas lines throughout the state? to make sure that.. that.. that they're not cracking. Mr. Soni: Okay. The gas line could explode without.. without your controlling it or my control. Mayor Vargas: Okay, fine. But are there routine inspections that are... Mr. Soni: I mean... I mean, if I know that something going to explode sure I don't, I don't allow that. Mayor Vargas: Absolutely. I couldn't agree with you more. BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 13 Mr. Boni: I mean... I mean I'm in agreement with you. I like to work for safety. I like to work to improve these units. I'm not.. I'm not against the City's efforts. Mayor Vargas: Then sit down and give Mr. Carbajal and Mr. Cosgrove, go over the specific things that need to be changed. If you don't have the money to do it Mr. Soni, then you have another choice. But it's very clear what we're asking you to do. And if it's not clear then sit down with them again and let's make it really clear. We're not.. we' re not, Mr. Soni. we're not going to allow our residents to be submitted to the kind of filth that they were living in. And if you call that safety, then I don't know... then I don't feel very secure knowing that your the safety engineer for gas for the State of California. Mr. Soni: Nothing.. there was nothing unsafe to the extent that the building should be red tagged. I have seen buildings red tagged because of earthquake danger in the City of Los Angeles. This... Mayor Vargas.: This is...this is inhumane. Inhumane. People should not be.. 1 mean people in third world countries are living better than this in some instances. Mr. Soni: Have you seen my units? Mayor Vargas: Yes, I have. Mr. Boni: Have you seen the apartments? Mayor Vargas: I've seen it all, Mr. I've seen pictures and video tapes and I was disgusted. Mr. Soni: Okay. Mayor Vargas: Would you.. would you let someone in your family live like that? Mr. Soni, would you? Mr. Soni: I don't.. 1 don't see any immediate safety problems that you say... Mr. Vargas: Would you let someone in your family live like that? Mr. Soni: There are.. there are people that live there. There are people from my country.. live there. Mayor Vargas: Mr. Soni, in your family. Mr. Soni: In my family... Mayor Vargas: You wouldn't and neither would I. Mr, Soni: Before I started a family I was living in one of these units. Mayor Vargas: And now you're not. Mr. Soni: I mean when I.. when I could afford. I could go to a better place. I mean, like everybody else. Mayor Vargas: And it doesn't mean that if they don't have the money, people that are poor, doesn't mean they have to live in such degrading... insulting situations. Mr. Soni: To be poor.. to be poor is not.. not crime. To be to live poor is not a crime. It's not a degrading. All I'm trying to say is that there has been no efforts prior to 1994, come January 1994, I was given a citation to make certain corrections. And I did those corrections. I informed the.. your building and BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 14 safety and they said they'll come and inspect, but.. and then they'll communicate with me, they never communicated with me that they are happy or satisfied. And then I... Mayor Vargas It doesn't matter Mr. Soni. It doesn't matter. Mr. Boni and then I called again. And again I was told okay it's taken care of, we'll check it out. And then May 19, 1990, all of a sudden there's a raid. Like gestapo raid all of a sudden as if you've done something, some crime. I was in the office and I was contacted to come immediately to the site and I came and then all of a sudden the news reporter immediately started asking me questions as if I'd been set up. And I asked Sgt. Taylor, I said, is that the reason you are asking me to make a fool of myself. I said, after all I'm a business man, I have invested a lot of money in the City, with good intentions, and I like to make improvements and I like to protect my investments. Mayor Vargas: Mr. Soni, I never thought I'd say this because I am a person who does like to see investment into our community. But if you consider that investment, I'd rather you invested that money somewhere else. And again I.. you have to understand how personally I take this. It is.. it is unbelievably inhumane for people to live like that. You made your point. No one had ever.. no one had ever inspected, doesn't mean that we shouldn't.. that we should not have inspected... Mr. Soni: No. I never said that.. no, I didn't say that. Mayor Vargas: when we did.. when we did inspect, Mr. Soni, the past is the past. When we did inspect, very specific violations were found. Mr. Soni: Okay. All I am saying, Mr. Vargas, is that I should have at least been given a chance seeing that they... Mayor Vargas: You're being given a chance, Mr. Soni. You're being given a chance right now. If you want to reopen those units, if they can be reopened, because apparently there's a little disagreement here, but if they can be you have an opportunity.. you have an opportunity, Mr. Soni, come on back sit down with Mr. Carbajal, sit down with Mr. Cosgrove and be very clear on what you need to do. Mr. Soni: Yes. Yes. I made at least half a dozen attempts to have an appointment with on of your officials, and... Mayor Vargas.: You know what we'll do now. We'll direct them to sit down with you to talk about.. to continue to sit down with you, because apparently they've already done that. To sit down with you to discuss all the changes you need to make in order to open your units back up until December. Mr. Soni: After numerous attempts, finally, day before yesterday, yes, I had the opportunity and... Mayor Vargas: So what's the point? Mr. Soni: What's the point? What the point being that I would like to be given that opportunity... Mayor Vargas: You're being given the opportunity. Mr. Soni: Okay, but then yesterday again I.. 1 Mayor Vargas: Mr. Soni, you're being given the opportunity. You can talk to them tomorrow, the next day... and we can. we can.. you can understand more clearly what you need to do. Is that clear enough? BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 15 Mr. Soni: Okay. But there are 1 a lot of safety issues that... Mayor Vargas: Discuss it with them staff). Mr. Soni: Okay. I already had day before yesterday. Mayor Vargas: Well, If there are disagreements, there are disagreements. And.. and if.. if you don't do what's necessary, what's defined by our experts and State Code, if you don't do that, then you can't very well expect to be approved to open some of those units. Just as you wouldn't allow some contractor or some city to put in a pipe that wasn't conforming to the specifications that you are requires to oversee. Is that correct? Mr. Soni: Yeah, that's not the issue here... Mayor Vargas: It seems to me it is. Mr Soni: the issue here.. Yesterday I asked them again and again, I... Mayor pro tern Martinez: Mayor Vargas. Mayor Vargas: Mayor pro tem Martinez. Mr. Soni: 1 said I'll make all these improvements... Mayor pro tern Martinez: He's right, that is not the issue, but neither is his questions of what's going to happen in the future the issue this evening. I'd like to request... Mr. Soni: No, I said I'll.. I'll. Mayor pro tern Martinez: that we now close the Public Hearing. Mayor Vargas: Mr. Soni, do you have anything further to add? Mr. Soni: One or two or three points that were raised in this issue I'd like to go those. Basically we are getting off the subject matter. I asked again and again, yesterday I said I'll make all these changes, correct all these citations to your satisfaction. Could I still operate these apartment units by December 1st? I was told in no unclear terms, that under no circumstance you could operate after December 1st. Did you ever receive the letter of Mr. Jess Carbajal? Again and again I was... I'm now talking safety and again and again I was told, why are you bringing all these issues? You know after December 1st you can't operate these anyway. Now you are giving me the understanding that.. that is not quite true, there is that possibility that the City may be able to work something out with me? Mayor Vargas: No, no, I'm not giving you.. no, no, that's not an issue with regard to this appeal. The issue of whether or not you can op.. this, this is.. this is an appeal of the decisions and orders of the Building Official of the City. The buildings and the orders of the City are very specific as to what changes you need to make in order to make some of those units inhabitable to December 1st. Whether or not those.. those you units are going to be opened after that is an issue that's not addressed in this.. n this appeal. Mr. Soni: So, so what kind opportunity is that then? You said you got all the opportunity in the world. Then what... Mayor Vargas: You can.. you can discuss that with our.. with our official. You can discuss that your attorney and. and BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 16 you can determine what it is you need to do. Mr. Boni: So you think the opportunity's only limited for three or four months then? I take it that... Mayor Vargas: We're.. we're limited what we're talk.. what we're discussing today which is this appeal. This appeal is very specific. Your appealing the Building Official's inspection results and.. and what we're saying is that you have an opportunity to clarify and correct those things that have been cited as being not in compliance. City Attorney Bower: For the record, Mr. Soni, you are given the opportunity to appeal the abatement order that was issued pursuant to the terms of the order you can appeal that. If there's, you know, if there's a way to resolve that issue prior to the appeal, or if the City's incorrect in some way in their order, we'll certainly look at that, but you do have the option to appeal that. That's not an issue in this case. What's at issue in this case is apparently, and I'm still struggling with what it is that you're appealing and I guess it's the finding that the were.. were so unsafe as to be uninhabitable. I get from your statement that you're not questioning the citations you're just trying to understand them. The City's offered to sit down with you and let you know what needs to be done to make them habitable. Is there anything else you need to address? Mr. Soni: There's some.. a lot of issues were being made that they are.. that they are uninhabitable, specifically the issue of ventilation is being made here. These units do not have gas.. 1 mean a vent over the gas range, but in every... in all these units they have louvered vents, because these are all swamp coolers. So there is constant ventilation, so that problem, that Mr. Jess Carbajal thinks is a very serious problem, does not exist. The problem of open raw sewage was made mention here. Let me point out it was in unit number 8 the plumbing was blocked when sometimes the.. when the plumbing is blocked there is a... there a debris and... and water tends to bubble up that was the case and that was an empty unit. Okay. And.. and also Mayor Vargas; And also unit 9, correct? Mr. Soni: That was also empty. I did not see any... any problem there in number 9. I went there right after that I took my attorney there. I only saw that in number 8. There may have been water.. there may have been water that.. that wasn't flowing very well. There may have been that problem. I didn't see that, only in number 8. When the plumbing problem was cleared that problem was not there. It's not a.. you know.. it. it was made to appear that the open sewer problem is there in all units but that's not the case. And then there was.. there was mentioned that the.. there was gas safety.. gas safety violations. Mayor Vargas: I just want to... I know that you just want to keep going with all the different violations. What I'm.. what I think you need to do.. and what.. 1 think you're trying to.. you're trying to get the Council to rule on specific Building Code violations... Mr. Soni: No. Mayor Vargas: that we're not.. we're not going to change tonight. Those interpretations need to be worked out with the.. the proper experts that the City has. So, if there's still problems with the interpretation then.. then you need to... then you need to deal with that with your partner or with your counsel on how to interpret those things. Mr. Soni: But, no, but some of the things that were done or BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 17 conducted was hided and I'm saying are not true and grossly misrepresented. For example, I was told that I have to change all water heaters. I pointed out to Mr. Ray Cosgrove I said there are only four water eaters in that.. in that.. serving those ten units. Two of them I already replaced. So that means that nobody has looked at all.. at all of them. The assumption is that every.. every unit has got a water heater that's not the case, because two I had already replaced just recently. What's the need of replacing all of them? And so I could not get an answer. Building Official Cosgrove from the audience): How many of them had temperature pressure release valves? Mr. Soni: As far as I know, at least.. 1 didn't.. 1 didn't make an attempt to check everyone of them... Building Official Cosgrove; I did. There was none. Mr. Soni: But. okay.. there was none? Okay. No, I've seen at least two of them out of the four... inaudible) because they were new. Building Official Cosgrove: inaudible) see an engineer, you understand that you don't install a temperature... inaudible) Mayor Vargas: Mr. Soni, this is what we're going to do. And this is probably would be agreeable with you, Mr. Soni. You're going to continue to discuss with the City the things you need to to rectify in order for those units, at in the short term, to be habitable again. To be not red tagged. Okay. We will continue this item until the next meeting and hopefully be then you'll.. you'll have a better understanding and so will the City of what you need to do, but let's be very clear. You're not going.. you need to make these changes and if you don't want to make these changes or if you don't agree with these changes that's a different story. But you can Sit down with staff and figure that out and work it out, we'll come back in two weeks and we'll.. and we'll deal very definitively with this issue. Why don't we do it on July 6th. Councilwoman Lowes: Is what I'm hearing here.. He wants to know if he fixes it he will be able to stay in business and for how long, I realize a portion of it he cannot after December. I think when he comes in if you could point out whether or not any of it could.. whether it's worth his while to fix portions of it or all.. whatever. Mayor Vargas.: That's very inaudible).. That's what I want to continue to July 6th so that time you have a better understanding, Council has a better understanding and we can deal with this very, very clearly. You need to continue to determine and to try to... to determine in your mind what it is you need to do, and you need to understand it very clearly. Now, if we're hearing something different than you're hearing, at that time you need to make a determination whether you want to proceed or go forward or not. But I think it would be appropriate to allow this discussion to continue until the next meeting at which time.. unless there's any objection from the Council. Would that be agreeable to you Mr. Soni? Mr. Soni: Yes. Mayor Vargas: Okay. Is there any objection from the Council? Mayor pro tern Martinez: I object to that, mayor. I think we're talking two different issues. As member Lowes pointed out, he's trying to get clarification from us this evening that he's going to be able, once conditions are repaired, or repairs are made to the apartment units. I don't really think he cares about the BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 18 trailer parks, because he realizes that come December that's over. What he wants us... is to have our staff commit that those 11 other units, whether they're converted garages or apartments, depending on who wants to define it, gets resolved and we're not going to resolve that today or on July 6th. What we're being asked to do today is to... is an appeal to decisions made by the Building Official on May 19th based on the conditions that existed at that time at the trailer park which includes apartments. That is what we're being asked to do and I'd like to deal with that issue and encourage Mr. Soni to continue the dialogue with Mr. Carbajal and his staff to determine whether those units, apartments/garages can continue after December. Those are separate issues. Ultimately he wants to... to appeal the definition of an ordinance or the interpretation of an ordinance he can do that at a later date. But I don't want to mislead Mr. Soni to think that everything going to be decided in two weeks, because it's not. Mayor Vargas: And neither do I just want to... I just want to make sure that we're following the proper process. I don't maybe the City Attorney can comment on that. If that is the proper process then I have no problems... inaudible) City Attorney Bower: Well, from what I've heard tonight I think we should continue the matter for the three weeks, rather than the two weeks.. yes, three weeks, and at that time specific.. you can perhaps provide more specific detail as to what you're appealing and what it is you want. And at that time the Council can decide either to deal with it themselves or to appoint a Hearing Officer if need be to decide the issues. Mr. Soni: How I'm more confused. I'm not sure what you are.. 1 mean what exactly do you want me to do? City Attorney Bower: Nothing. I was just explaining that to the rest of the Council. Mayor Vargas: Are you Martinez) comfortable with that? I know it's going to prolong this, but I'd rather do it that way than... Mayor pro tern Martinez: I realize that. I just don't him leaving here thinking that... inaudible) Mayor Vargas: Mr. Soni, and let's be very clear. What we've said and I do agree with Mayor pro tern Martinez, is that this appeal doesn't deal with the issue of whether or not you're units are going to be open past December 1, that's a separate issue. What you're asking in this appeal is to address the specific code violations that have been found by the City. So what.. what we're saying, however, is that the Council is willing to hear this issue on July 6th. We don't want to give you the impression that this means you don't have to make all the.. all of the necessary changes that are outlined very clearly in these inspections notices. For you to open any one of those units, you need to make sure that all of those things are taken care of. That's the first issue. The second issue, which we're hoping to get a little bit more clarification on, before July 6th, that may not be determined by July 6th, is the issue of these so-called apartment buildings, which you call apartment buildings, and we call shacks, or whatever we call them. But that's.. 1 think that's what your attorney asked for and.. and we're willing to allow the opportunity for you to continue to discuss this issue. But let's be very clear what this means. It means that you need... in order for that thing to open, and I do mean thing, you need to make these changes, and none of those are going to be opened until that happens. That's what we're saying very clearly. Do you have any objection to that? Mr. Soni: No. Mayor Vargas: Now is there any objection on the Council to BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 06 15 CC MINòw @˜z!CC MIN JUN 15 1994â›[HÌ8 19 that? Is that fine? Attorney O'Donnell: Will the hearing remain open until that date? Or will it be reopened? Councilman Gallegos: The hearing will be continued to July 6th. Attorney O'Donnell: I understand. I'm asking the process. Mayor Vargas: The process is, you'll continue to discuss this issue with staff. That's the process. Attorney O'Donnell: That I understand. What is going to happen with respect to the hearing that you have... Councilman Gallegos: That will be continued to July 6th. Mayor Vargas: July 6th. City Attorney: Either the matter will be resolved by then or if there are still problems you can come and present your problems at that time in a more specific detail so that the Council or a Hearing Officer can deal with it. Attorney O'Donnell: Fine. Mayor Vargas: Okay. Unless there's any objection I make a motion that we continue this item until July 6th. Councilman Gallegos: Second. Mayor Vargas: Are there any objections? Hearing no objections, so ordered. BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 CC MIN JUN 15 1994â›[HÌ 8 4 are charged with protecting the public's safety. That is one of our main concerns. And that's why those units were found to be deplorable and immediately uninhabitable, okay? Why don't you, or why doesn't Mr. and Mrs Soni go live there? That's the first issue. Secondly, these conditions didn't happen over night. You asked when was the last time we did a site inspection. When was the last time Mr. Soni was there? And saw the feces and the raw sewage in ready access to children and the deplorable dangerous conditions that these people were paying market value to live in? I ask you that. What did Mr. Soni. you say... Attorney O'Donnell: I would surmise.... Councilman Gallegos: Excuse me, Counselor, you say you wanted periodic site reports and updates on conditions and what he needed to correct them? Christ, all he had to do was go there and see it'. Attorney O'Donnell: I went there, too, sir. Councilman Gallegos: Then you saw it also. Attorney O'Donnell: I saw it on the 19th. I saw... Councilman Gallegos: And you want us to be worried about him making his note payment. When he's allowed people to live in those deplorable conditions? I can't believe, I can't believe... that you can humanely say that... Attorney O'Donnell: I can humanely say that, because I was in the units, were you, sir? No response? Councilman Gallegos: You were.. you want us to worry about... Attorney O'Donnell: Sir, were you in those units? Councilman Gallegos: You want us to worry about him not making money on 15 units that are uninhabitable and that's not my opinion, sir, and that's not the Council's opinion, that's experts opinion, people who know building codes, and people who know health codes, okay? Attorney O'Donnell: Certainly, so you were relying on the reports that you have been presented by Mr. Carbajal... Councilman Gallegos: Who am I supposed to rely on? Those are the experts. The inspectors who were at the site, at the time we inspected his property, are experts in this field. Who am I supposed to rely on, the milk man? Attorney O'Donnell: I.. that's why... I suggested a site visit be conducted so that you can make a decision based on real information... Mayor Vargas: What is it that you are appealing specifically and what is it that you are asking for? What is it that you want? Attorney O'Donnell: Number 1: We want a finding that the units are safe for occupancy. Mayor Vargas: You want a finding.. okay. Attorney O'Donnell: Number 2. I want a finding by this board of the corrections that must be corrected. Mayor Vargas: Did Mr. Soni receive a notice of the... from the building inspectors and from the County Health Inspectors? Attorney O'Donnell: Yes, we've already discussed that earlier BIB] 37175-U01 CC-U02 MIN-U02 JUN-U02 15-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3593-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 06-U02 15-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3595-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05