HomeMy WebLinkAbout1997 07 16 CC MIN1997 07 16 CC MIN ;¢f4 œ Ž CC MIN JUL 16 1997w W8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL
14403 EAST PACIFIC AVENUE, WEDNESDAY,
JULY 16,1997
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 LOZANO, MUSE, VAN
CLEAVE, AND MAYOR LOWES
ALSO PRESENT: City Attorney Olivas,
City Manager Yeats,
Acting Chief of Police Kies,
Dir. of Community Development Cervantes,
Dir. of Public Works Mousavi,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro,
Deputy City Clerk Branek, and
City Clerk Gair
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PRESENTATION
Acting Chief of Police Kies introduced Police Officers Franklin Scott McKinney and
Christopher Marshall and told of their education and background.
City Clerk Gair administered the Oath of Oflice to Officers McKinney and Marshall.
Director of Public Work Mousavi Introduced New Employee Kara Bouton, Transit
Coordinator and told of her education and background.
City Clerk Gair Introduced New Employee Fernando Lopez, Code Enforcement Officer
and told of his education and background.
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ORAL COMMUNICATION
Mayor Lowes declared Oral Communications open and invited those wishing to
speak to come forward.
Dan Trunco, Baldwin Park, complained about the removal of handicapped parking in
front of the police department.
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1997 07 16 CC MIN ;¢f4 œ Ž CC MIN JUL 16 1997w W8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2
OF THE CITY OF BALDWIN PARK JULY 16, 1997
Franklin Monarque, 13287 Earl, Baldwin Park, announced that his son, Frankie, won
a gold metal in the Jr. Olympics for Martial Arts. The event was held in Louisville
Kentucky on July 4th, and he thanked the community of Baldwin Park and the
associations in the City for helping to send his son to the Jr. Olympics.
Frankie Monarque, Baldwin Park, thanked the City for all the support he received in
sending him to the Jr. Olympics.
Ignacia de La Torre, La Puente, Pacific Bell, Internal Affairs Director, introduced himself.
He told that he will be getting involved in the Chamber of Commerce. Pacific Bell
services are being offered to non-specific Pacific Bell areas, and he told of some of the
equipment that is available.
Ana Montenegro, introduced her guest, Consuelo Chavez, Mexico City, a cousin of Mr.
Montenegro. Mrs. Chavez is the former daughter-in-law of a two time Governor of the
State of Durango.
There being no other speakers, Mayor Lowes declared Oral Communications closed.
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CONSENT CALENDAR
1. Approval of Certificate of Posting for July 2,1997
* 2. Approve Minutes:
Regular Meeting June 18, 1997
* 3. Waive Further Reading and Adopt
RESOLUTION NO.97-51 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
Warrants to Mr. Bill's Hardware Financial
Conflict of Interest Councilmember Van
Cleave Abstains)
* 4. Receive and File Treasurer's Report
June 30,1997
* 5. Approve Award of Contract Design Services Rhodes Lane Improvement
Project CIP 725 ME Consultants
* 6. Approve Budget Appropriation 5th Cycle Used Oil Recycling
* 7. Approve Plans and Specification and Authorization to Solicit Bids
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1997 07 16 CC MIN ;¢f4 œ Ž CC MIN JUL 16 1997w W8 REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 3
OF THE CITY OF BALDWIN PARK JULY 16, 1997
Installation of a New Traffic Signal Baldwin Park Boulevard & Foster
Avenue Avenue CIP 710
* 8. Approve Plans and Specifications and Authorize to Solicit Bids FY 1997-
98 Prop C Streets Ramona Boulevard Foster Avenue to Francisquito
Avenue) & Root Street Puente Avenue to East City Limit) Street
Improvement Project CIP 706 & CIP 707
* 9. Approve Agreement Building Inspection Services Juan Minjares
* 10. Approve Extension of Agreement Landscape Maintenance Services Pro
Turf Landscaping
* 11. Waive Further Reading and Adopt
RESOLUTION NO.97 52 CASTING ITS VOTES FOR COUNCIL
MEMBER GEORGE LUJAN TO REPRESENT
CITIES WITHOUT PRESCRIPTIVE
PUMPING RIGHTS AS AN ALTERNATE
ON THE BOARD OF THE SAN GABRIEL
BASIN WATER QUALITY AUTHORITY
* 12. Approval to Waive Formal Bidding Procedures Purchase Vehicle Tires
Utilizing the State bid.
* 13. Waive Further Reading and Adopt
RESOLUTION NO.97-53 SUPPORT OF THE ELECTION OF JOHN
FASANA AS 2ND VICE CHAIRMAN OF THE
METROPOLITAN TRANSPORTATION
AUTHORITY
* 14. Approve Final Tract Map 52249
* 15. Approve Award of Contract Janitorial Supplies National Sanitary Supply
Councilmember Lozano requested Item No.12 be removed for separate consideration.
It was moved and seconded to approve the Con9Gnt Calendar Items NO.11 & 13-15
M/S/C: Muse/Van Cleave.
In response to Councilmember Lozano, Director of Public Works Mousavi stated that
each year the State awards a bid for vehicle tires and equipment that reflects the lowest
possible prices which meets the City's specifications. Local companies are authorized
to sell the tires to local government agencies. The amount of savings is substantial, and
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1997 07 16 CC MIN ;¢f4 œ Ž CC MIN JUL 16 1997w W8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4
OF THE CITY OF BALDWIN PARK JULY 16, 1997
local companies can participate in the State Bid if they are willing to sell for the same
price. When the City has a bid, and there is someone in the City that does that type of
job, they are sent a copy of the specifications. The bids are advertised in the
newspaper.
Councilmember Lozano stated that he would like to see the difference in price from the
State Bid and the prices of the local merchants. He felt that most people do not look at
the newspaper for bids.
Mayor pro tem Muse suggested advertising the bids in the Quick News at the Chamber
of Commerce.
Mayor Lowes stated that the Chamber may be able to donate the advertisement space
needed for the Notice of Bids since the Chamber represents the business community.
It was moved and seconded to approve Item No.12. M/S/C: LOZANO/VAN CLEAVE.
There were no objections.
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PUBLIC HEARING
Mayor Lowes introduced the Public Hearing to Consider a Certificate of Public
Convenience and Necessity Applicant: Julian G. Cardenas dba Yellow Cab,
13942 E. Valley Boulevard, Industry, CA 91746)."
City Clerk Gair stated that an application had been made by the Yellow Cab
Company requesting approval of a Certificate of Public Convenience and Necessity.
The requirements have been met in the application, the police department has made
a complete inspection and approved 3 vehicles to be used by the Yellow Cab
Company, and all applications are complete and all fees are paid in full by the
applicant. It was recommended that following the Public Hearing the Council review
the materials in the staff report and it satisfied approve the Certificate of Public
Convenience and Necessity for Yellow Cab Company for taxicab services in the City.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak
pertaining to the taxicab services to come forward.
David Navarrete, Supervisor with Yellow Cab, stated they would the like
opportunity to provide service to the people in Baldwin Park. They have met all the
requirements that were asked of them. They also provide safe vehicles, courteous
drivers, senior and student discounts, and prompt service.
There being no other speakers, Mayor Lowes declared the Public Hearing closed.
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OF THE CITY OF BALDWIN PARK JULY16, 1997
It was moved and seconded to approve the Certificate of Public Convenience and
Necessity for Yellow Cab Company for taxicab services in the City. M/S/C:
MUSE/VAN CLEAVE. There were no objections.
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REPORTS OF OFFICERS. COMMITTEES AND COMMISSIONS
City Manager Yeats stated that this report was to update and inform the Council on
Assembly Bill 297 and to request Council direction for continued opposition of this
piece of legislation. AB 869 attempted to permit smoking in bars, bar areas and
gamin gaming clubs until ventilation standards are adopted by Cal-OSHA and the
equipment is installed. AB 869 was defeated in the Assembly Labor and Employment
Committee. Assembly Bill 297 would extend the date when smoking is scheduled to
be prohibited in bars, taverns, and gaming clubs by three years, until January 1,
2001. The bill would also preempt the ability of cities and counties to regulate
smoking in these areas. AB 297 is scheduled to be heard in the Assembly Labor and
Employment Committee on July 25, 1997. Staff has written letters of opposition to
the various committees and will continue to track this legislation and make
correspondence to the appropriate committees as necessary. Staff recommended
Council receive and file this report and direct staff to continue to oppose AB 297.
This was passed in Committee, with Assemblyman Gallegos voting in support of
extending the deadline. This was surprising that Assemblyman Gallegos voted Yes"
on AB 297 since he is a doctor.
Mayor Lowes requested a letter be sent to Assemblyman Gallegos stating Council's
disappointment in his YES" vote.
It was moved and seconded to receive and file the report and direct staff to
continue to oppose AB 291. M/S/C: VAN CLEAVE/MUSE. There were no
objections.
City Manager Yeats requested approval of the Investment Policy for the fiscal year
1997-98. The City's cash management system is designed to forecast immediate
cash requirements and invest surplus monies to the fullest extent possible. Staff
makes investment decisions with care, skill, prudence, and diligence under the
circumstances then prevailing. The criteria for selecting investments and their order
of priority are 1) safety, 2) liquidity, and 3) yield. Staff recommended approval.
It was moved and seconded to receive and file the Statement of Investment Policy
for fiscal year 1997-98. M/S/C: MUSE/LOZANO. There were no objections.
Director of Recreation/Community Services Nunez requested approval of an
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1997 07 16 CC MIN ;¢f4 œ Ž CC MIN JUL 16 1997w W8REGULAR MEETING OF THE CITY COUNCIL RAGE NO. 6
OF THE CITY OF BALDWIN PARK JULY16, 1997
Agreement with Christiansen Amusement for carnival services for the Celebrate
Baldwin Park" Celebration. The City contacted various carnival operators and three
responded as listed in the staff report. The funds received from the carnival are used to
cover the costs for the parade and entertainment at the celebration. The City's share of
the proceeds from the carnival averages between $12,000 and $14,000. Christiansen
Amusements would agree to compensate the City in the amount of 30% of the total ride
gross up to $40,000 and 35% thereafter. Three to four security guards would be on duty
during all hours of operation of the carnival, and Christiansen Amusements has agreed
to compensate the City for Police Officers assigned to the carnival. The $1.00 admission
fee would be waived for all children under the age of 12 years when accompanied by an
adult. Christiansen has agreed to provide 350 unlimited ride passes or 1,000 ride passes
that would be distributed to deserving children. Staff recommended approval.
In response to Council, Director Nunez stated that the $1 charge pays for the fence
around the carnival rides. A letter of clarification will be sent to Christiansen about the
fencing around the ride area. Family nights will be Thursday and Sunday.
In response to Mayor pro tem Muse, City Manager Yeats and Acting Chief of Police Kies
explained that Section No.8 of the agreement outlines the security requirements. The
number of officers is discussed prior to the event with Mr. Christiansen, and at the end
of the carnival, the City bills Mr. Christiansen, and they promptly pay the bill.
Mayor pro tern Muse requested 500 unlimited ride tickets no restrictions) to the night
they are used. Council agreed by unanimous consent.
In response to Mayor pro tem Muse, Director Nunez stated that the booths inside the
mid-way are required to be operating during the time the rides operate. The clubs
have a hard time staffing the booths for the long period of time required. The food
booths and information booths are $25 each. Staff will advertise the booths in the mid-
way and offer organizations the opportunity to run a concession stand.
It was moved and seconded to approve the agreement with Christiansen Amusement
for carnival services for the 1997 Celebrate Baldwin Park" Celebration, with a letter
confirming the fence around the ride area, and 500 unlimited ride tickets with no
restriction to the night they are used. M/S/C: MUSE/LOZANO. There were no
objections.
Director of Recreation/Community Services Nunez requested approval of an
appropriation of funds for staffing costs for the Family Service Center. Mano a
Mano/H and to Hand has offered services at the Center by providing a Case Manager for
a minimum of 20 hours a week. The City's goal is to have a staff person assigned to the
facility during all hours of operation. The staff assigned would be responsible for
directing residents to the agencies providing the services requested, and to assist in
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OF THE CITY OF BALDWIN PARK JULY16, 1997
scheduling the usage of the facility. Two part time staff have been hired to assist in
setting up the center, and are being paid out of part time recreation hours. It is
anticipated that the facility will be open to the public a total of 60 hours weekly. Staff
requested an additional appropriation of fund in the amount of $20,000 for the additional
staffing. Staff recommended approval.
It was moved and seconded to approve the additional appropriation for the Family
Resource Center. M/S/C.. MUSE/LOZANO. There were no objections.
Director of Recreation/Community Services Nunez requested approval of a
Memorandum of Understanding with Citrus Valley Medical Center for the provision
of health care services at Morgan Park. Citrus Valley Medical Center has been offering
free medical services and immunizations at Morgan Park every Monday for the past two
years. The staffing of the unit would be the sole responsibility of Citrus Valley Medical
Center. The City in exchange would continue to provide space in the Morgan Park
parking lot located on Ramona Boulevard. Staff recommended approval.
It was moved and seconded to approve the Memorandum of Understanding with
Citrus Valley Medical Center to provide medical services from the Kids Care Van at
Morgan Park. M/S/C: MUSENAN CLEAVE. There were no objections.
Director of Community Development Cervantes requested approval of the selection of
Cotton/Beland/Associates to update the City's General Plan and to prepare the
associated Environmental Impact Report EIR).
City Planner Onaga stated that the Selection Committee and staff interviewed the top
three firms and favored the proposal submitted by CottonlBeland/Associates(CBA) with
some modifications, including phasing the project over two fiscal years, and substituting
subconsultant Stanley Hoffman Associates for Economic Research Associates. The
Stanly Hoffman substitution resulted in an increase in cost of $1,900 bringing the CBA
revised total costs proposal to $196,437. All three proposals exceeded the budgeted
amount. Staff recommended approval.
Mayor pro tem Muse stated that she was impressed with Stan Hoffman. He spoke about
the impact when developing one area, and their strong commitment to community
involvement. They will utilize the Baldwin Park 2000 process as part of the information
gathering.
Mayor Lowes encouraged people to get involved in the general plan and to give input.
It is the time to help plan for future development. She directed staff to cut back where
needed to fit the budget.
In response to Mayor Lowes and Councilmember Lozano, City Manager Yeats stated that
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OF THE CITY OF BALDWIN PARK JULY16, 1997
budgeting across two years is something that is done for the Capital Improvement
Program and staff will monitor the progress of the meetings. It will take approximately
two years to complete, the community meeting will occur the first year, and complete the
Baldwin Park 2000 survey in the first year and have the results to analyze. The second
year will be writing and reviewing the plan and going through the public hearing process
to adopt the plan.
It was moved and seconded to 1) select Cotton/Beland/Associates to update the
City's General Plan in two phases; 2) commit to allocating $80,000 for FY 1998-99
to complete Phase II of the project; and 3) instruct staff to finalize the terms of the
contract with Cotton/Beland/Associates for subsequent Council approval. M/S/C:
VAN CLEAVE/MUSE. There were no objections.
Director of Public Works Mousavi updated Council on the Pavement Management
Program, as well as reconfirm the remaining Program by appropriating a minimum
annual street improvement budget of $2 million for five years beginning in FY 1997/98.
The Pavement Quality Index PQI) consists of Surface Distress Index, Riding Comfort
Index and Structural Adequacy Index which are the major factors in determining the
repair needs of an existing roadway. The City has made substantial progress in
improving the quality of our streets, the City only has 24.8% of the streets that are below
the minimum acceptable level. It was recommended for approval.
It was moved and seconded to approve the completion of the Pavement Management
Program and recognize the need for an annual budget of $2 million for street
improvements for the next five years eflective FY 1997/98. M/S/C: MUSE/LOZANO.
Director of Public Works Mousavi requested input at the public meeting for the City of
Baldwin Park Citywide Park Maintenance District FY 1997-98. Willdan Associates,
the consultant for the implementation of Proposition 218, has notified all property owners
regarding the assessment for park maintenance through ballots. Staff recommended
Council take comments at this meeting, but not take any action on the assessment. The
public hearing is set for August 6th at which time the Council will hear the results of the
balloting and subsequently take action on the assessment. It was recommended that
Council hold a public meeting for the City of Baldwin Park Citywide Park Maintenance
District FY 1997/95 and receive public comments.
Mayor Lowes declared the Public Meeting open and invited those wishing to speak to
come forward.
Ricardo Pacheco, 3436 La Vista, stated his concern with the two ballots. People are
confused because they think they have voted the blue ballot and no need to vote the
yellow ballot. He asked why the error was made requiring two ballots. The error in the
Engineers Report of $350,000 error should have been caught before the ballots were
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OF THE CITY OF BALDWIN PARK JULY16, 1997
sent out.
Mary Ferrer, 4634 Ed ra, thanked the City Manager for the listing of the property owners,
but asked if a list could be provided by streets. City Manager Yeats stated that he would
contact the consultant to see if a listing is available.
There being no other speakers, Mayor Lowes declared the Public Hearing closed.
Mayor pro tern Muse asked that the property tax bill be enlarged on an overhead to
show where the fee for Park Maintenance is located on the tax bill, and give an
explanation where the money is spent specifically. She requested a copy of the street
index with the property owners listed.
Councilmember Lozano stated that the listing is difficult as it is not in street order. He
felt that the memo that was issued to him on June 24th with reference to Proposition 218,
Park Maintenance District Assessment and Ballot Error, there was not enough information
in the memo. He requested further explanation, he wants to add supplemental questions
to be able to clarify what exactly happened during the transitional stage. He stated that
he would submit his questions for further information. He asked if a Closed Session
would be needed, if not, in public would be fine.
City Manager Yeats stated that he would be interested in hearing the Councilman's
questions right now.
City Attorney Olivas stated that the questions should be in writing since it may implicate
personnel issues and require a Closed Session.
In response to Mr. Pacheco, Mayor Lowes stated that a letter of explanation was sent
in both ballots. The second mailing told what happened and why the two ballots were
sent out and what to do to vote. There have been several public meetings at various
locations around the City and a small number of people were in attendance. Every
effort has been made to contact the businesses and the public, to get them informed
on the importance of the assessment. Most of the assessments are lower than before.
City Manager Yeats stated that this has been a complicated process. The legislature
promised a clarification on Proposition 218 prior to July 1 and that came last week.
Now the Legislature may change the way the City is doing things and the way the
assessment is calculated. Cities had no direction. The error occurred in the fact that
the $350,000 is an ad valorem tax that the County places on the tax bill. It was
inadvertently added in as part of the assessment, and that was incorrect. The City has
received 3,400 ballots and they are all yellow ballots. The message has gotten out to
the community and the City is receiving ballots daily. A number of cities did not know
that July 1st was the deadline to start the process, they may not be able to do their
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.10
OF THE CITY OF BALDWIN PARK JULY 16, 1997
assessment this year. The most upsetting is how it changed the voting laws, it gave
voting rights to just the property owners, many of the property owners do not live in
Baldwin Park and they are having a dramatic say about what's going on in Baldwin
Park. Every person does not have a vote, if a home is owned in joint tenancy you still
get one ballot. The votes are weighted by the assessment dollars, its not one vote per
person, and the votes do not carry the majority vote.
City Clerk Gair stated that she had attended a meeting held by the Registrar Recorder
and the Secretary of State on Proposition 218, several cities are frustrated, several had
to have second ballots mailed out, and the lack of procedures of the law is causing
problems for cities everywhere.
City Manager Yeats emphasized again that a number of cities did not meet the July 1st
deadline, they were waiting for clarification on Proposition 218, which never came.
Landowners are the only ones that can vote, and the City has a lot of absentee
landlords. Property that is held in joint tenancy still only gets one vote. The votes are
weighted by the dollar amount of the assessment. Some peoples vote counts more
than others. City funds cannot be expended on this election for other than the legally
required notifications that has been sent out.
In response to Councilmember Lozano, City Clerk Gair stated that 14,000 ballots have
been sent out and about 3,400 have been returned. Until the dollar amounts are added
up, the City will not know how the vote will be.
In response to Councilmember Van Cleave, Mayor Lowes reiterated that a letter was
sent to the property owners explaining the voting process and the problem with the two
ballots.
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COUNCIL STAFF REQUESTS & COMMUNICATIONS
Mayor pro tem Muse requested that community volunteers be trained in disaster
preparedness.
In response to Mayor pro tem Muse, City Manager Yeats stated that Emergency
Coordinator Dawson now has a viable ham operation network that is functioning in
the City. The next phase is a bench exercise to test more capabilities of the system.
The Informations System Staff will create a data base that will register volunteers that
will serve in different capacities, which will be linked with the GIS System and the
Neighborhood Watch Block Captains.
Mayor pro tern Muse requested literature on Proposition 218 be available as hand
outs at the Council Booth at the picnic. Fire Captain Dillman has stated that he would
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1997 07 16 CC MIN ;¢f4 œ Ž CC MIN JUL 16 1997w W8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.11
OF THE CITY OF BALDWIN PARK JULY 16,1997
be willing to work with service clubs to get smoke alarms donated and the Fire
Department will install the alarms if people sign up at the Kids Kare Fair. Acting Chief
Kies stated that he would be willing to help with the smoke alarm project.
Councilmember Lozano stated that his family members have helped give food to the
family that lost their home to fire. The Red Cross put them in the Howard Johnson's
Motel, which they had to vacate yesterday, and he spoke with Housing Program
Supervisor Reyes regarding emergency housing.
Councilmember Lozano requested contracts that need to be renewed come before
Council three months prior to renewing.
Acting Chief Kies introduced the newly promoted Captain Dan Higginbotham.
Councilmember Lozano stated that Captain Higginbotham is an Eagle Scout and told
of the help he has given to David Ferrer.
Mayor Lowes complimented staff on the 4th of July celebration at Sierra Vista High
School. She requested staff review the TCI Cable Television agreement. Council
agreed by unanimous consent. She told of a letter from a Baldwin Park citizen, Tom
Klein, who was on vacation in Missouri and heard about Baldwin Park participating in
the All-American Cities Award everywhere he went.
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The regular meeting of the City Council was adjourned at 8;45 p.m. There were no
objections. ZClTY CLERK
LINDA L. GAIR DAL
Z½3
BETTY BRANEK DEPUTY CITY CLERK
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