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HomeMy WebLinkAbout1986 03 19 CC MIN1986 03 19 CC MIN;¢f4ÂvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, MARCH 19, 1986 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 p.m. The Invocation was given by Councilman Izell. Councilman King led the Flag salute. INVOCATION FLAG SALUTE ROLL CALL PRESENT ALSO PRESENT COUNCILMEN GIBSON/ I2ELL, KING, MCNEILL AND MAYOR WHITE City Manager Webb, City Attorney Flandrick, Dir. of Admin. Serv. Yelton, Dir. of Comm. Serv. Smith, Dir. of Housing & Economic Development Hemer, Chief of Police Snowden, City Librarian Kersley, City Treasurer Montenegro, and City Clerk Gair 00- ROLL CALL City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. 2. 3. Approve Minutes of March 5, 1986 Receive and File Treasuer's Report February 28, 1986 Waive Further Reading and Adopt RESOLUTION NO. 86-10 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading ORDINANCE NO. 923 First Reading) and Adopt AMENDING SECTION 10.36.040 B) OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO PROHIBITED PARKING IN SIGNED OR MARKED AREAS 5. 6. Deny Claim Against the City Jose Moreno Waive Further Reading and Adopt RESOLUTION NO. 86-11 REQUESTING AN ALLOCATION OF PAYMENT OF COUNTY AID TO CITIES FUNDS FOR THE MAINTENANCE OF SELECT SYSTEM STREETS 7. Waive Further Reading and Adopt RESOLUTION NO. 86-12 DECLARING ITS INTENTION TO VACATE A PORTION OF EXCESS BADILLO STREET RIGHT-OF-WAY LOCATED ADJACENT TO BALDWIN PARK HIGH SCHOOL 86-V-l) BIB] 37652-U01 1986-U02 03-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9407-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 03 19 CC MIN;¢f4ÂvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MARCH 19, 1986 PAGE TWO 8. Approve Budget Amendment Fiscal Year 1985-86 Maintenance and Operation of Business Development Center Incubator Building) 9. Approve Budget Amendment Fiscal Year 1985-86 Sierra Vista High School Dressing Room 10. Award Contract CIP NO. 241 Soil Testing Services for Walnut Creek Nature Park It was moved and seconded to approve the Consent CONSENT Calendar as presented. M/S/C: IZELL/GIBSON. There CALENDAR were no objections. APPROVED 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Director of Administrative Services Yelton explained that there are two contracts before Council, one for the acquisition of computer software to upgrade the the City's general accounting operations, and the second to provide the technical expertise and management support to insure successful implementa- tion of the new system. FINANCIAL MANAGEMENT SOFTWARE CONTRACTS STAFF REPORT He outlined the problems that are inherent in the present computer software that the City relys on and the procedures that were used to select a suitable vendor for the new system. The two proposals that were received from reputable vendors were from Cape Data, Inc. and Infocomp Systems, Inc. The Cape Data proposal satisfied a higher percentage of the soft- ware needs requested by the City. Technical assistant and management support for implementing the new system will be necessary for this project. McGladrey Hendrickson and Pullen has submitted a proposal for the management support services for the remaining phases of this project. He also explained the funding that was appropriated for this project, the additional cost that is needed for FY 1986 and the funding required for next year's budget. Staff recommended approval of a contract with Cape Data and a contract with McGladrey Hendrick- son and Pullen. It was moved and seconded to award a contract to CONTRACTS Cape Data, Inc. for financial management software APPROVED related installation services; and award a contract CAPE DATA to McGladrey Hendrickson and Pullen to provide & MCGLAD- management support services related to the project. REY M/S/C: MCNEILL/GIBSON. There were no objections. Director of Community Services Smith explained that BUS the installation of bus shelters at certain RTD SHELTER stops within the City is being proposed with the use PROJECT of Proposition A monies. Two proposals were received CIP 240) and reviewed. The firm of Mohle, Grover and Associates STAFF has considerable experience with municipal engineering REPORT projects and is recommended for the project. It was moved and seconded to authorize the Mayor to CONTRACT execute a contract with Mohle, Grover and Associates FOR ENGI- for engineering services relating to the Bus Shelter NEERING Project, CIP 240. M/S/C: IZELL/MCNEILL. There were SERVICES no objections. APPROVED BIB] 37652-U01 1986-U02 03-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9407-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 03 19 CC MIN;¢f4ÂvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MARCH 19, 1986 PAGE THREE Director of Community Services Smith stated that indoor swap meets mini-malls) are a new and some- what unique use of large vacant buildings and are not currently covered by Zoning Code regulations. Further study is needed to develop proposed stan- dards and regulations for such uses. Staff is recommending that an ordinace be adopted to temporarily halt the establishment of indoor swap meets. It was moved and seconded to approve Ordinance No. 924, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, FINDING THAT THERE IS A CURRENT AND IMMEDIATE THREAT TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE PROPOSED USE OF LAND TO HOLD A SWAP MEET, DECLARING THIS ORDINANCE TO BE AN URGENCY MEASURE AND STATING THE REASONS FOR THE URGENCY, PURSUANT TO GOVERNMENT CODE SECTION 65858". M/S: KING/GIBSON. ROLL CALL: AYES: KING, GIBSON, IZELL, MCNEILL AND MAYOR WHITE NOES: NONE ABSENT: NONE Director of Community Services Smith explained the contract necessary for engineering services relating to the extension of Little John Street and utility improve- ments in order to improve what is now the Brooks Pro- ducts site. Psomas and Associates is recommended for engineering services related to the preparation of all reports, plans and specifications necessary for the design and construction of the facilities at this proj ect, It was moved and seconded to approve a contract for consulting engineering services related to the exten- sion of Littlejohn Street and utility improvements to Psomas and Associates, contingent upon the Redevelop- ment Agency's approval of an Owner Participation Agreement OPA) ESB Properties-Baldwin Park. M/S/C: GIBSON/MCNEILL. There were no objections. Chief of Police Snowden stated that a typical pre- employment investigation of sworn and non-sworn applicants for the police department is presently a part of the training sergeant's responsibilities. In contracting with independent persons for this service the work functions of our sworn personnel can be bet- ter deployed to the needs of the department and the community. He explained that the screening process will be cut from six weeks to approximately two weeks. The funding for this service will be paid for from Personnel Services Division. A budget transfer is necessary in order to accomplish the sixteen anticipated background investi- gations prior to June 30, 1986. INDOOR SWAP MEETS URGENCY ORDINANCE STAFF REPORT URGENCY ORDINANCE NO. 294 MOVED AND SECONDED ROLL CALL VOTE ORDINANCE NO. 924 APPROVED CONTRACT LITTLE- JOHN ST. UTILITY IMPROVE- MENTS STAFF REPORT CONTRACT APPROVED ENGINEER- ING SERVICES PRE- EMPLOYMENT SCREENING CONTRACT STAFF REPORT BIB] 37652-U01 1986-U02 03-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9407-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 03 19 CC MIN;¢f4ÂvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MARCH 19, 1986 PAGE FOUR It was moved and seconded to approve the contract for pre-employment screening of police employees, and enter into an agreement with Mr. Trivers to perform such work for the sum of $600 per assignment and to approve a budget transfer in the amount of $7,200 to cover anticipated costs through June 30, 1986. M/S/C: KING/IZELL. There were no objections. Chief of Police Snowden stated that there has been a great deal of concern on the part of the Council and the Police Department regarding the increase in gang violence in the City. A special Task Force has been reactivated to counteract this problem. He introduced Acting Lt. Kuntz, who is an active part of this Task Force, to explain this program. A/Lt, Kuntz explained that the Gang Activities Prevention GAP) Detail was reactivated in an attempt to slow down the large increase in gang activity within the City. The GAP Detail will be a three pronged effort by: 1. Working in conjunction with street patrol and identifying gang members through the L.A. County and State Parole offices that have been paroled and are back in the City. 2. Developing a Crime Prevention Program with and School District to educate the parents and children about what gang envolvement does and where it leads. 3. Look for better legislation to control those who are committing gang related crimes and those convicted of those crimes. In response to questions from the Council A/Lt. Kuntz explained that gang activity is an ongoing problem because so many gang members come from families with a history of gang envolvement through the parents* He also stated that key members of gangs have been in jail during the last two years and gang activity dropped off. These members have been released from jail and the gang activity has increased. These older members are not actually envolved in the gang violence, but they encourage the younger ones to be envolved who are trying to gain a name or position. Councilmembers inguired what the GAP Detail's needs might be as the budget for next year is considered. A/Lt. Kuntz responded that more manpower is needed, because the size of the detail is only eighteen 18) men and they can only be worked so many hours. Also needed is more autos for better patrol coverage. Council thanked A/Lt. Kuntz for presenting this informa- tion on the GAP Detail and expressed their support for this program. They felt that educating the parents and the children was a very important part of this program being successful. They encouraged people to become aware of the programs offered by the Boys Club and the assistance that is available through the Mid Valley Mental Health Program. Councilman Izell also requested information regarding the time limit that trains can block a street at a crossing and coordinating the time limit in our municipal code CONTRACT APPROVED PRE— EMPLOYMENT SCREENING, BUDGET TRANSFER GANG ACTIVITY PREVEN- TION GAP) TASK FORCE STAFF REPORT A/LT. KUNTZ B.P. POLICE PRESEN- TATION COUNCIL DISCUSSION TRAIN CROSSINGS BIB] 37652-U01 1986-U02 03-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9407-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 03 19 CC MIN;¢f4ÂvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK JANUARY 6, 1986 PAGE FIVE with the laws of the Public Utilities. He also asked about the City's liability when kids deactivate R.R. crossing guard arms and the City props the arms up for traffic to pass. In response to Mayor White's question City Clerk Gair stated that the recall petition that was submitted did not contain the necessary number of valid signatures and is therefore an insufficient petition and does not require any presentation of the results. City Clerk Gair stated that a letter had been placed before each Councilman regarding the results of the signature verification requested, by the City Clerk, from the Los Angeles County Registrar-Recorder regarding a petition submitted to the City Clerk. The results were as follows: 1. Number of signatures submitted 4,005 2. Number of signatures examined 3,065 a. Number of signatures qualified 2,281 b. Number of signatures not qualified 784 1. number of duplicate signatures 75 City Clerk Gair stated that 2,209 valid signatures were necessary for this petition to qualify representing 15% of the registered voters of the City. In response to Mayor White's question regarding the research of the petition City Attorney Flandrick responded that at the request of the City Manager the petition was reviewed for its legality. He explained that generally speaking when an initiative petition is presented, the petition is either accepted and an ordi- nace is adopted as proposed or it is submitted to the electorate for their action, if it is decided to decline to adopt it. There is a judicial exception to that, the exception is that if, on the face of the petition, the subject matter of it does not comply with either the statutory or constitutional provisions, as interpreted by the appel- late courts, you may disregard the petition as an invalid petition, The City Attorney and his office reviewed the petition and have come to the conclusion that in their view that the attempt, in effect, to subject a tax measure to the referendum process by means of an initiative petition is contradictory to statutory and constitutional provisions as enunciated over a period of years by the courts. The courts have characterized this kind of a either referendum or initiatve process, or the attempted use of it, as being an interference with a delegated power, the power to tax being delegated to the City Councils by the legislature, by the consti- tution, and that is an unwarranted interference with with the delegation. The courts have also invalidated these kinds of attempts to invalidate a tax measure, for the ordi- nary expenses, of the City as being a usurpation of the fiscal powers of the City and for that reason it is invalid. In sum, it was his view that the subject matter of STATUS OF RECALL PETITION SIGNATURE VERIFICA- TION INITIATIVE PETITION CITY CLERK OPINION OF THE CITY ATTORNEY REGARDING INITIATIVE PETITION BIB] 37652-U01 1986-U02 03-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9407-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 03 19 CC MIN;¢f4ÂvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MARCH 19, 1986 PAGE SIX the purported petition is improper and not the subject of an initiative measure and therefore it is void and invalid. City Attorney Flandrick further explained to the Council that if they find, based upon the opinion that he rendered, that this is an invalid use of the initiative process simply decline either to adopt it or to submit it to the electorate. Council discussed the petition that is being cir- culated to qualify for the November State Election and the effect that proposal could have on taxes adopted after August 1, 1985. It was suggested that that this might be referred to another body of law for an opinion regarding the purported petition. Councilmembers agreed that a special meeting should be held to discuss this item and invite those persons interested to attend. It was decided after further discussion and input to adjourn this meeting to Monday, March 31, 1986 at 7:00 p.m. 00- COUNCIL DISCUSSION SPECIAL MEETING MARCH 31 7:00 P.M. UNFINISHED BUSINESS Councilman Izell stated that the two high schools in the City have been notified about the contest for designing a City Flag, A seven member committee will be formed to judge the entries. Aileen Pinheiro and Councilman 12 ell have made the arrangements for this, but they will not be on the judging committee. NEW BUSINESS Councilman Izell said that some citizens had requested a Founder's Day for the City. This is being turned over to the Historical Society for suggestions. Councilmen King and Gibson asked that Operation Big Switch be reviewed to possibly be reinstituted in the City. Councilman McNeill thanked everyone who sent cards, telephoned and prayed for him during his recent hospitalization. He hoped the newspaper would print his expression of apprecation. 00- Mayor White declared Oral Communications open and invited those wishing to speak to come forward. Anthony Bejarano, 3508 Big Dalton, spoke regarding school truancy and the enforcement needed from the police to help curb this problem. CITY FLAG FOUNDER'S DAY REQUEST OPERATION BIG SWITCH MCNEILL ORAL COMMUNICA- TIONS OPEN ANTHONY BEJARNO Kathleen Hobbs, 4330 Cutler, spoke regarding the need to reach younger kids about gang behavior and told of a knifing incident against her daughter in elementary school. She also complained about the lack of equal enforcement on garage conversions. Frances Parry, 3423 San Gabriel River Parkway, asked that something be done about the nursery that is allowed to exist under the power lines by her house and the junk that is there. Mounds of dirt allow access to back yards and homes are burglarized. KATHLEEN HOBBS FRANCES PERRY BIB] 37652-U01 1986-U02 03-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9407-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 03 19 CC MIN;¢f4ÂvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MARCH 19, 1986 PAGE SEVEN Mr. Cisneros, 3402 San Gabriel River Parkway, spoke about the condominiums that are developed without yards, he objected to this type of development, CISNEROS Herschel Keyser, 13645 Rexwood, thanked the Council for being concerned about the initiative petition and for setting a time for a special meeting. Jerry Bejarano, 3508 Big Dalton, spoke about the truancy problem and recommended David Toma as a speaker to hold a seminar for students and parents. Bob Macleight, resident, requested that the special meeting be held after March 24th to allow time for the people to be notified. Ed Clancy, 15406 Estella, spoke regarding Veterans' Day Ceremonies that he would like to see started. Louise Wentzel, resident, spoke regarding the L.A. County Health laws that supersede city laws and can control overcrowding in apartments. She requested that the City pass a law to prohibit this problem. In response to Council's inquiry City Attorney Flan- drick stated that an ordinance could be adopted to authorize the City to declare an occupancy limit. Mayor White declared Oral Communications Closed. 00- Mayor White convened the Community Redevelopment Agency meeting in joint session with the City Council meeting at 8:50 p.m, City Attorney Flandrick requested that the City Council conduct a closed session for a pending litigation matter regarding Suarez vs. Baldwin Park LASC and for a Proposed Acqusition of Real Property at Dalewood Avenue and the 110 Freeway. He also requested that the Agency Board conduct a closed session regarding pending litigation of the Baldwin Park vs. Irving case. It was moved and seconded to adjourn to a joint closed session of the City Council and Redevelop- ment Agency at 8:52 p.m. M/S/C: IZELL/GIBSON. There were no objections. The City Council and the Redevelopment Agency reconvened in a joint session at 9:20 p.m. Roll Call remained the same. Mayor White stated that the City Council and the Redevelopment Agency had discussed pending litigation and proposed acquisition of property and gave direc- tion to Staff regarding these matters. 00- HERSCHEL KEYSER JERRY BEJARANO BOB MACLEIGHT EC CLANCY LOUISE WENTZEL CITY ATTORNEY RESPONSE CLOSED CRA IN JOINT SESSION 8:50 P.M CITY ATTORNEY REQUESTS CLOSED SESSIONS JOINT CLOSED SESSION 8:52 P.M. MEETING RECONVENED 9:20 P.M. BIB] 37652-U01 1986-U02 03-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9407-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06 1986 03 19 CC MIN;¢f4ÂvREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MARCH 19,1986 PAGE EIGHT It was moved and seconded to adjourn the regular meeting of the City Council at 9:21 p.m. to an adjourned meeting of the City Council on Monday, March 31, 1986 at 7:00 p.m. M/S/C: KING/IZELL. There were no objections. MEETING ADJOURNED 9:21 P.M. y' y/1 //A-/L /^c' 2^ GAiR, LINDA L. CITY CLERK BIB] 37652-U01 1986-U02 03-U02 19-U02 CC-U02 MIN-U02 LI1-U03 FO3794-U03 FO9392-U03 DO9407-U03 C4-U03 MINUTES1-U03 1/30/2003-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CITY-U06 COUNCIL-U06