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HomeMy WebLinkAbout1998 07 15 CC MIN1998 07 15 CC MIN;¢f4©n CC MIN JUL 15 1998ê´YH” 8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, JULY 15,1998 The City Council met in regular session in the Council Chambers at 7:00 p.m. ROLL CALL PRESENT: COUNCIL MEMBERS LOZANO, MUSE, PACHECO, VAN CLEAVE, AND MAYOR LOWES ALSO PRESENT: City Attorney Olivas, Chief of Police LeGarra, Interim Finance Director Sanchez, Dir. of Community Development Cervantes, Dir. of Public Works Mousavi, Dir. of Rec/Community Services Nunez, City Treasurer Montenegro, and City Clerk Gair 00- PRESENTATION Chief of Police LeGarra introduced Police Officer Armando Lopez and told of his experience and education. City Clerk Gair administered the Oath of Office to Officer Lopez. The City Council congratulated Officer Lopez and welcomed him on board, they complimented him on becoming an officer after being a reserve officer so long, they gave recognition to his family and spoke of their appreciation for Corning. Council offered their support and wishes for long tenure with the City. Mayor Lowes and the Council presented Rudy Hernandez the Family Counseling Services Award as a 1998 Man of Distinction, after hearing a biography of his career given by Chief LeGarra. The City Council complimented Officer Hernandez for receiving this award and told how proud they were of this accomplishment. The award, and the event where this award was given was described and also the men who were honored at the event as Men of the Year. Council spoke of how deserving Officer Hernandez was to receive this award, they commented on his enjoyment of his work that others perceive, also they were impressed by the speech that he made at the event. 00- BIB] 37643-U01 1998-U02 07-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3433-U03 FO3571-U03 DO3640-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 07 15 CC MIN;¢f4©n CC MIN JUL 15 1998ê´YH” 8REGULAR MEETING OF THE CITY COUNCIL PAGE 2 OF THE CITY OF BALDWIN PARK JULY 15, 1998 Mayor Lowes declared Oral Communications open and invited those wishing to speak on any subject to come forward. Dan Trunco, Baldwin Park, spoke about how fine the police are and how the park has improved for children and seniors. He hopes that the bicycle patrol keeps going. He commented on the Vineland Avenue project and how he does not see the sense of the project He felt that this is a bigger disaster than Maine Avenue. Why it was started he did not know. He suggested that it be torn down and the City save the rest of the money to use in better places. Leoria Richard, Baldwin Park, asked what the Council's purpose is for what is on Vineland Street.' That it makes no sense, creates a danger, the street is narrowed too much and bike riders are subject to be hit. She wants Council to go down and look at it, because she would like to get some answers. Jean Carpenter, President, Baldwin Park School Board, spoke regarding the Vineland project and the transportation superintendent that has complained that the buses cannot turn because of the dividers. She asked for red curbs for no parking so that bus turns can be made. She also commented on some of the side walk cut backs and the difficulties on the street. She commented on the kind of foliage that will be planted in the dividers and stated that this will be another safety hazard. Roy Test, Baldwin Park, asked what was the Council thinking about on Amar Road with all the barricades that were installed. He felt that this is screwing up other streets and he would like to hear this explained. He commented on the Council hiring and paying a former felon to be City Manager and offered his services for $2,000 to be City Manager. Kathleen Gair, Baldwin Park School Board, commented on the Vineland project She spoke regarding the studies that were supposed to have taken place by AAE Consultants as stated in their contract. They did not include school personnel as their contract stated, they did not make the announcements and flyers they were to provide. The district was never allowed to give input on a project that affected over 5,000 people students). She named the problems that have been created by this project, the potential for danger that is imminent, and the other purchases that may be required. We cannot put a price on the life of a child and many dangers could have been prevented by the consultant AAE) following through on the guarantees that AAE stated they would do. George Archibeque, Baldwin Park, apologized for not being here at the last meeting. He was upset reading the paper about the two Council Members arguing like little kids. He felt they should keep this out of the Council Chambers and discuss this at home. Businesses have been downsizing for years and we need to do the same for the City. He commented that the Senior Center used to be BIB] 37643-U01 1998-U02 07-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3433-U03 FO3571-U03 DO3640-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 07 15 CC MIN;¢f4©n CC MIN JUL 15 1998ê´YH” 8REGULAR MEETING OF THE CITY COUNCIL PAGE 3 OF THE CITY OF BALDWIN PARK JULY 15,1998 run by the club with only a representative from the city and now a supervisor has to run the center. The City is not going forward by cutting back and is spending money foolishly. The seniors do not get anymore than what they did before when the City did away with two and added about six employees. Marlen Garcia, resident, commented on a survey that was presented by the Recreation Commission that provided services to teens. The results of the survey was given to the Council and she commented on those statistics. She felt the teen center cannot be put on hold and recommended that the Community Center be reserved every Friday night for the teens in the City. This can happen if various resources can be identified to receive the funding. She commented on needing the support of the Council for this process for the teens of the City. She also commended the July 4 event. She enjoyed the full spectrum of cultural events for that day because the City is a salad of all cultures. She stated that consultants came to the schools to talk about the Vineland Avenue project and she attended a meeting. Gus Blassa, Baldwin Park, stated that a large maple tree fell on his property and city trucks were parked on the street but the City workers were not allowed to help get the large pieces off his property. Mrs. Pacheco, resident, introduced four of her neighbors who have a problem and she wants to help the boys. She lives on a corner and lets the children play in her yard, but now their number has grown to 8 12 neighbors playing. They have no one to give them a ride to go for recreation. She introduced Rafael Areola and he spoke for the four boys and asked for a ride to the park. Kathryn Tizcareno, Baldwin Park, stated that the Vineland project is not complete yet and it cannot be judged as to how it will work. She would like the curbs painted red at 3221 Vineland Avenue. A tenant's car was totaled pulling out from the units. She also criticized school board members for commenting on council members for corning to the board meetings and then the board comes to the council meeting tonight. Mayor Lowes encouraged people to attend the General Plan meeting that will be coming up because these traffic calming devices are planned to be installed all the way down Ramona. Director of Public Works Mousavi, explained the high speeds down Vineland Street as it is used as a short cut to the freeway. He commented on all the notifications that were given and the records that were kept of the comments that were made at the meetings. The project is partially done and he hopes it will be better when it is completed. He can show the results of all studies done throughout the State on this type of traffic devices. He stated that there was a lot of community input, and he is available tomorrow in his office from 2-6 p.m. to discuss this with interested persons. Mayor Lowes commented that she attended the community meetings and they were not well BIB] 37643-U01 1998-U02 07-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3433-U03 FO3571-U03 DO3640-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 07 15 CC MIN;¢f4©n CC MIN JUL 15 1998ê´YH” 8REGULAR MEETING OF THE CITY COUNCIL PAGE 4 OF THE CITY OF BALDWIN PARK JULY 15,1998 attended. There being no other speakers Mayor Lowes declared Oral Communications closed. 00- CONSENT CALENDAR City Clerk Gair presented the Consent Calendar: 1. Approval of Certificate of Posting for July 1, 1998 2. Approve Minutes: Regular Meeting: June 17, 1998 and July 1, 1998 Study Session: June 17, 1998 and July 1, 1998 3. Waive Further Reading and Adopt RESOLUTION NO.98-56- ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK Warrants to Mr. Bill's Hardware Financial Conflict of Interest Council Member Van Cleave Abstains) 4. Receive and File Treasurer's Report June 30, 1998 5. Deny Claim Against The City Jose Gonzalez 97024A 6. Approve Award of Contract Janitorial Supplies Waxie Sanitary Supply 7. Approval to Reject All Bids and Authorize to Readvertise the Project Slurry Seal Program CIP 802 8. Approval to Reject All Bids 1998-99 Gas Tax Funded Street Renovation Project CIP 803A 9. Approve Award of Contract Advertising Services for Bus Shelters Outdoor Systems Advertising 10. Waive Further Reading and Adopt RESOLUTION NO.98-57- SETTING THE ANNUAL APPROPRIATIONS BIB] 37643-U01 1998-U02 07-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3433-U03 FO3571-U03 DO3640-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 07 15 CC MIN;¢f4©n CC MIN JUL 15 1998ê´YH” 8REGULAR MEETING OF THE CITY COUNCIL PAGE 5 OF THE CITY OF BALDWIN PARK JULY 15,1998 LIMIT FOR THE FISCAL YEAR 1998-99 GANN INITIATIVE) It was moved and seconded to approve the Consent Calendar. M/S/C: MUSE/VAN CLEAVE. There were no objections. 00- REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES City Clerk Gair requested review of applications received for appointment to City Commission positions and responses from current commissioners for reappointment. Ml thirteen positions for the Personnel Commission, the Planning Commission and the Recreation Services Commission have expired. Extensive advertising for the vacancies on the commissions was conducted. A total of 36 applications for appointment and/or reappointment for the various commissions have been received in the Clerk's Office. The Council will be appointing three 3) Personnel Commissioners, five 5) Planning Commissioners, and five 5) Recreation/Community Services Commissioners. All three Personnel Commissioners terms will end in 2000, two Planning Commissioners terms will end in 1999 and three in 2000, and two Recreation/Community Services Commissioners will end in 1999 and three in 2000. It was recommended that the Council adopt three resolutions, one for each commission, after the choices are made for each of the offices to be filled. Council Member Van Cleave waived his right to nominate to the Mayor due to a campaign promise he made not to nominate his supporters to commissions. Nominations for Planning Commission: OFFICE NO.1 Ed Huetinck M/S/C: MUSE/PACHECO. No objections. OFFICE NO.2 Dolores Holguin M/S: LOZANO/PACHECO. Lowes/Van Cleave NO OFFICE NO.3 Conrado Magdaleno M/S/C: PACHECO/LOZANO. No objections. OFFICE NO.4 Angelito Perez M/S/C: LOWES/PACHECO. No Objections Rudy Escalera. M/S: LOWES/VAN CLEAVE. Lozano/Muse/Pacheco NO OFFICE NO.5 Darlean OClaray M/S/C: MUSE LOZANO. No Objections. It was moved and seconded to approve Resolution No.98-59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS HUETINCK, HOLGUIN, MAGDALENO, PEREZ, AND OCLARAY TO THE PLANNING COMMISSION." M/S/C: MUSE/PACHECO. There were no objections. BIB] 37643-U01 1998-U02 07-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3433-U03 FO3571-U03 DO3640-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 07 15 CC MIN;¢f4©n CC MIN JUL 15 1998ê´YH” 8REGULAR MEETING OF THE CITY COUNCIL PAGE 6 OF THE CITY OF BALDWIN PARK JULY 15,1998 Nominations for the Recreation and Community Services Commission: OFFICE NO.1 Marlen Garcia M/S/C: LOZANO/MUSE. No objections. OFFICE NO.2 Martha Reyes M/S: MUSE/PACHECO. No objections OFFICE NO.3 Irma Taranga M/S/C: PACHECO/VAN CLEAVE. No objections. OFFICE NO.4 Mary Ferrer M/S/C: LOWES/MUSE. No Objections Henrietta Moreno M/S: LOWES/VAN CLEAVE. Lozano/Muse/Pacheco NO OFFICE NO.5 Jean Carpenter MS/C: MUSE/ LOZANO. Lowes Van Cleave NO ABSTAIN It was moved and seconded to approve Resolution No.98-60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS GARCIA, REYES, TARANGO, FERRER AND CARPENTER TO THE RECREATION/COMMUNITY SERVICES COMMISSION." M/S/C: MUSE/VAN CLEAVE. There were no objections. Nominations for Personnel Commission: OFFICE NO.1 Henrietta Moreno M/S/C: LOZANO/MUSE. No objections. OFFICE NO.2 Kathryn Tizeareno M/S: MUSE/PACHECO. No objections Efren Rivera M/S: LOWES/VAN CLEAVE. Lozano/Muse/Pacheco NO OFFICE NO.3 Mila Alba M/S/C: LOWES/MUSE. Lozano NO It was moved and seconded to approve Resolution No.98-60, A RESOLUTION OF THE CITY COUNCIL APPOINTING MEMBERS MORENO, TIZCARENO AND ALBA TO THE PERSONNEL COMMISSION." M/S/C: Director of Community Development Cervantes requested the award of contract to AAE Consultants for their services as a contract Director of Public Work. Mr. Sid Mousavi has joined the team of AAE Consultants and, therefore, his services now are proposed to be provided through this film. It is proposed that the responsibilities of the Director of Public Works be identical to those of a full time permanent Public Works Director. The Director will continue to be an active member of the Executive Team, attend various City meetings and participate in City programs, as well as, functions. The difference of the contractual position, as opposed to a full time City employee, involves the number of hours, compensation, benefits, as well as, the terms of the employment. The contract Public Works Director will work only 30 hours a week. AAE BIB] 37643-U01 1998-U02 07-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3433-U03 FO3571-U03 DO3640-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 07 15 CC MIN;¢f4©n CC MIN JUL 15 1998ê´YH” 8REGULAR MEETING OF THE CITY COUNCIL PAGE 7 OF THE CITY OF BALDWIN PARK JULY 15,1998 Consultants will provide a competent registered professional engineer as Deputy Director of Public Works to act as a backup and cover for Mr. Mousavi whenever he is out of the office. AAE Consultants have agreed to honor the $71.00 per hour rate even if the firm has to provide liability insurance which will cost approximately $9.00 per hour. Other consultants may submit proposals for capital improvement projects. By utilizing a contract Director of Public Works, the City will realize payroll savings of $37,190 annually. Director Cervantes recommended approval and listed his reasons for the recommendation. Councilman Pacheco requested that Section C of the contract concerning a 5% increase yearly for cost of living" be changed to state that this is brought up yearly. it was moved and seconded to approve the agreement with AAE Consultants for services as contract Director of Public Works effective July 16, 1993 and authorize staff to transfer appropriate funds from the Salary Account to the Professional Services Account with the 5% not to be automatic and to be reviewed yearly. M/S/C: PACHECO/MUSE. OPENED FOR DISCUSSION: Councilman Van Cleave also commented on removing the automatic raise of 5%. He stated his disagreement with this contract as corning through the back door and wanted this to go to bid. Other engineers should come in and have the same opportunity. Mayor Lowes commented on several points which were: 1.The City is not contracting with Sid Mousavi we would be hiring AAE Consultants as contract director of one of our biggest departments. 2. Who are they, and what do we know about AAE. 3. Sid will be working for other cities, as he already is and he should not have been allowed to have this approved until the Council made a decision on this. 4. AAE they will provide a deputy to cover for Sid which allows AAE the right to choose who will do the job and the City loses control. 5. AAE will have the inside track on projects they will do or that should go out to bid. 6. The contract is agreeing that AAE will provide all kinds of services to the city, such as directing the transportation services, do employee performance evaluations of Public Works staff; 7. Contract is not good for our City and she agrees the 5% be removed from the contract. Mayor Lowes also commented: 8. on other fees" specific authorization to provide other services over and above that AAE shall submit proposals and be evaluated by the engineering staff and the final decision is made by the CEO," but AAE is the engineering staff that is doing the evaluation. 9. AAE is entitled to reimbursements. 10. The language in the contract is very bad if you want some one out immediately because this requires a thirty day wait while AAE still operates. She listed all the coverage in liability, and stated that anyone who does not extend liability to AAE makes the City liable. She felt that consultants should provide their own insurance. 11. She was not happy with this contract and referred to the contract with Willdan and Associates and how well it covered BIB] 37643-U01 1998-U02 07-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3433-U03 FO3571-U03 DO3640-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 07 15 CC MIN;¢f4©n CC MIN JUL 15 1998ê´YH” 8REGULAR MEETING OP THE CITY COUNCIL PAGE 8 OF THE CITY OF BALDWIN PARK JULY 15,1998 the City and she quoted from that contract and the things that would be required of the consultant. Wildan provided everything that was needed for insurance. 12. Ownership of documents should be given to the City. 13. She requested that the Contract state that it could be stopped immediately and the consultant leave the premises. 14. She felt that this is a Conflict of Interest of Mr. Mousavi to serve in this capacity. 15. She requested that changes be made to this contract and that the City Attorney throughly review the contract. Mayor pro tern Lozano commented on wishing that the Mayor had read the Hilton Hotel contract as throughly as this contract. He then read from page 5, the second paragraph, If the provider such liability and indemnity coverage to the City for any reason....", and requested that provider be specifically identified. In response to Council inquiries, City Attorney Olivas stated that he had reviewed the contract, but it was not given to him before being placed in the agenda packet. He stated that the contract does include the appropriate insurance requirements, the appropriate worker's compensation requirements. He agreed with the recommendation to delete the paragraph on page 5, because our insurance coverer can make the determination whether something is in the scope of work or not. As in the case of any public official, Mr. Mousavi would still be working in the capacity of a public official and would be under that blanket the same as a city attorney or other appointed officials. In stating that only Sid Mousavi should be the principal and the city should have the right the City Attorney is in full agreement with that as an amendment. The agreement that the Council is reading is not for an administrator for public works it is a broader contract with Willdan and many of the components are not necessary for this type of projects. In his opinion as long as the City has its insurance provisions and as long as there is Errors and Omissions and as long as the City can break the contract without cause", with 30 days notice or reducing that to 15 days, that is up to the Council. As long as the Council can do these things without cause they can get out of this contract Council Member Muse requested that there be a prohibition on subcontracting and that ownership of documents be incorporated for review in the contract MOTIONS WITHDRAWN. Councilman Pacheco and Mayor pro tern Lozano withdrew the motion and the second for approval of the agreement with AAE Consultants for services as contract Director of Public Works effective July 16, 1998 and authorize staff to transfer appropriate funds from the Salary Account to the Professional Services Account with the 5% not to be automatic and to be reviewed yearly." Mayor Lowes requested that the Council look at hiring a manager for the paper work that is involved in this position, Director of Public Works, and only consulting out for possibly two days of engineering consulting. Most of the work is administerial and a manager could do that at less cost. Mayor Lowes stated that this item would be continued to the next meeting with adjustments to the BIB] 37643-U01 1998-U02 07-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3433-U03 FO3571-U03 DO3640-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 07 15 CC MIN;¢f4©n CC MIN JUL 15 1998ê´YH” 8REGULAR MEETING OF THE CITY COUNCIL PAGE 9 OF THE CITY OF BALDWIN PARK JULY 15,1998 contract. Council Member M£ise suggested that one of the options to be considered might be that the CIP have a separate bidding process, because the wording of the contract as written now is as if this is a guarantee to AAE. Council Member Muse also requested that a second item be added to the agenda to discuss the options to the contract for Public Works Services. City Attorney Olivas requested permission to negotiate some of the issues in terms of adding more stringent provisions, because he has not been given that latitude with this contract. Council concurred by unanimous consent. Council Member Muse did comment that this is an experimental process and she thinks it is good to try with someone Mousavi Council knows. City Attorney Olivas also stated that he would add to the contract what has already been discussed 1) the prohibition of subcontracting, 2) the ownership of documents, 3) the deletion of the paragraph indicated, 4) the principal, and 5) any other necessary matter. 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Councilman Pacheco requested 1) the Housing Commission be placed on the agenda to consider the termination of current commissioners and appointment of new commissioners; and 2) consideration of adding two more positions to the Personnel Commission; and 3) discussion of options relating to trailer parks. City Attorney Olivas responded that the role of the City Council is limited in California and care must be taken not to create an atmosphere of panic. Council Member Muse requested that information be gathered to consider expanding the role of Personnel Commissioners to possibly provide more input in policies and procedures. She also commented on the ICA Conference and the law professor that spoke on Character Counts" and youth programs that work with teens looking at character and ethics. This was thought provoking and cities should work together to provide this. Mayor Lowes was concerned with the loans from the City to the Agency and requested an outline with a schedule of the loans and the pay back time. Councilman Pacheco needs more information on the status of teen center, Director Nunez reminded everyone of the Community Picnic. Also the Outstanding Boxer award went to kids from the Community Center and two of our kids will be competing in Jr. Nationals. City Clerk Gair stated that Awards of Merits would be prepared for outgoing Commissioners and Oaths of Office for incoming Commissioners to be presented at the next meeting. Chief LeGarra reminded everyone of the Forum that he will hold at the park on July 22. BIB] 37643-U01 1998-U02 07-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3433-U03 FO3571-U03 DO3640-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 07 15 CC MIN;¢f4©n CC MIN JUL 15 1998ê´YH” 8REGULAR MEETING OF THE CITY COUNCIL PAGE 10 OF THE CITY OF BALDWIN PARK JULY 15, 1998 Council Member suggested that there be an Informational Meeting held at City Hall to go over the budget with people in the ranks." 00- CLOSED SESSION Closed Session was Canceled. Negotiator: Nadja Cole, Employee Organizations: SEIU Professional & Technical Confidential- Police Management Employees General Management Employees Executive Management, pursuant to Government Code Section 54957.6. 00- Mayor Lowes adjourned the regular meeting at 3:55 p.m. to an adjourned meeting on July 20, 1998 at 7:30 a.m. in Room 307 to consider a Personnel Issue for the Finance Director position. There were no objections. BIB] 37643-U01 1998-U02 07-U02 15-U02 CC-U02 MIN-U02 LI1-U03 FO3433-U03 FO3571-U03 DO3640-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05