HomeMy WebLinkAbout2002 09 04 CC MIN2002 09 04 CC MIN (Ìì œ Õ COUNCIL CHAMBER SEPTEMBER 4. 2002
14403 E. PACIFIC AVENUE WEDNESDAY
BALDWIN PARK, CA 91706 7:00 P.M.
The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the
above time and place.
ROLL CALL
Present: Councilmembers: Linda Gair, Ricardo Pacheco. Bill Van Cleave, Mayor Pro-Tern
Marten Garcia, and Mayor Manuel Lozano
Also Present: Dayte Kelter, Chief Executive Officer; Arnold Alvarez-Glasman. City Attorney;
Mark Kling, Chief of Police; Jose Sanchez, Finance Director; Shafique Nayier, Public Works
Director; Melecio Picazo, Interim Community Development Director; Manny Carrillo,
Recreation/Community Services Director; Dolores Gonzalez-Hayes, Housing Director; Maria
A. Confreres, City Treasurer; Kathryn Tizcareno, Crty Clerk; Rosemary M. Ramirez, Chief
Deputy City Clerk and Kathleen Sessman, Deputy City Clerk
ANNOUNCEMENTS
Mayor Lozano thanked Minister Rockie Gomez for delivery of the invocation.
Mayor Lozano acknowledged School Boardmember Tony Bejarano, who was in the
audience.
Mayor Lozano introduced dignrtary Vicente Vargas. along with Manuel Gonzalez and other
members from the City of Tototlan. Jalisco Mexico.
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
Certificate of Appreciation for outgoing Planning Commissioner Conrado Magdaleno was
prepared. Certificate will be mailed to recipient
Oaths of Office and Certificates of Appointment were presented to newly appointed and
reappointed Planning Commissioners Milagros G. Alba; Anthony Julian Bejarano; and Gloria
I. Gonzalez.
Director Sanchez introduced newly appointed Finance Department employee Maria Badillo,
Finance Clerk.
Tony Martinez. President of Engineered Safety Products ESP), LLC, provided a brief
demonstration of Engineered Safety Products, CleanScreen." HighScreen," and the
MeasureScreen." He stated that Engineer Safety Products specializes in providing the storm
water control industry with the best engineered, highest quality products designed to keep
trash from entering the storm water control systems, while supporting effective flood control.
He further stated that ESP's mission is to assist in efforts to stop the pollution of our rivers,
lakes and oceans. ESP collaborates with municipalities, agencies and contractors from the
planning phase through construction, or retro-fit, of the storm water control system. Mayor
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2002 09 04 CC MIN (Ìì œ Õ City Council Minutes September 4, 2002 Page 2
Lozano requested to receive a copy of the compan/s video for presentation at a future study
session.
PUBLIC COMMUNICATIONS
Roy Test reported one good experience that he has had at the signal at Caesar Chavez and
Ramona Boulevard. He further inquired whether an invitation had been extended to the City
Council to attend a senior sponsored picnic held August 28. 2002. Mr. Test also stated that
the door to the Council Chamber continues to squeak and requested that it be oiled.
Councilmember Pacheco request that the door be fixed before the next City Council Meeting.
Frank Tinoco, applicant for Housing Commission, introduced himself and expressed his
interest and desire to become involved in the Housing Commission.
CONSENT CALENDAR APPROVED
Mayor Lozano requested that the following item be removed from the Consent Calendar for
discussion:
1) Item 1-J SITE MANAGEMENT SERVICES AGREEMENT FOR WIRELESS
TELECOMMUNICATIONS EQUIPMENT IN PUBLIC RIGHT-OF-WAY JUNE 20,
2001
Councilmember Van Cleave requested that the following items note his objection of approval.
1) Item 1-1 ORDINANCE AMENDING CHAPTER 50, SECTION 19 OF TITLE V OF
THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE FEES FOR
REFUSE COLLECTION AND CURBSIDE RECYCLING SERVICES
2) Item 1-N AWARD OF CONTRACT FOR THE CONSTRUCTION OF NEW
TRAFFIC SIGNALS AT THE INTERSECTION OF MERGED AVENUE/VINELAND
AVENUE AND MERGED AVENUE/MARKET PLACE, CIP 878A
Councilmember Pacheco requested that the following item be removed from the Consent
Calendar for discussion:
1) ITEM 1-M APPROVE RETIREMENT AND SALE OF POLICE CANINE ROBBY"
Councilmember Gair requested that the following item be removed from the Consent
Calendar for discussion:
1) ITEM 1-A-MINUTES
A motion was made to approve Consent Calendar Item Nos. B-0. with the exception ofA.J&
M as presented, and as follows:
MOTION: Mayor Pro Tern Garcia SECOND: Councilmember Gair Carried
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2002 09 04 CC MIN (Ìì œ Õ City Council Minutes September 4. 2002 Page 3
CLAIMS AND DEMANDS 30o-3o»
Further reading was waived, read by title only and Resolution No. 2002-082 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING
CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" was adopted.
Councilman Bill Van Cleave abstained on all warrants to Mr. Bills Hardware financial conflict
of interest).
RESOLUTION DECLARING SEPTEMBER 11™ AS PATRIOTS DAY SKWO)
Further reading was waived, read by title only and Resolution No. 2002-083 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
DECLARING SEPTEMBER 11^ AS PATRIOT DAY," was adopted.
REQUEST FOR TIME EXTENSION FEE REIMBURSEMENT LOCATION: 3214 MANGUM
STREET; APPLICANT: JUAN VARGAS 390.75)
The City Council authorized a refund of the Time. Extension Fee to Juan Vargas in the
amount of $500.
APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES CELEBRATE BALDWIN
PARK WITH CHRISTIANSEN AMUSEMENTS 600-30)
The C'rty Council approved the Carnival Services Agreement with Christiansen Amusements
and authorized the Mayor to execute the necessary documents.
RESOLUTION AUTHORIZING THE FORMATION OF CALIFORNIA AVENUE
IMPROVEMENTS ASSESSMENT DISTRICT 2002-01, CIP 877 OCO-M)
Further reading was waived, read by title only and Resolution No. 2002-081 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING
ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN
PROPOSED ASSESSMENT DISTRICT NO. 2002-01." was adopted.
AWARD OF CONTRACT FOR THE DESIGN OF CALIFORNIA AVENUE IMPROVEMENTS
ASSESSMENT DISTRICT 2002-01, CIP 877 6oo^>)
The City Council awarded a contract to Advance Applied Engineering, Inc.. in the amount of
$30.101 for the design of the improvements of California Avenue, CIP 877. The Mayor was
authorized to execute the Agreement. The Director of Public Works was authorized to
execute any necessary change orders in an amount not to exceed ten percent 10%) of the
original contract amount.
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2002 09 04 CC MIN (Ìì œ Õ City Council Minutes September 4, 2002 Page 4
RESOLUTION AUTHORIZING STAFF TO FILE A GRANT APPLICATION WITH THE
CALIFORNIA ENERGY COMMISSION CEC) FOR INSTALLATION OF TRAFFIC SIGNAL
BATTERY BACKUP SYSTEMS 3W^5)
Further reading was waived, read by title only and Resolution No. 2002-080 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK. CALIFORNIA,
AUTHORIZING STAFF TO APPLY TO THE CALIFORNIA ENERGY COMMISSION CEC)
FOR NEW INSTALLATIONS FOR BATTERY BACKUP SYSTEM BBS) GRANT," was
adopted.
ORDINANCE AMENDING CHAPTER 50. SECTION 19 OF TITLE V OF THE BALDWIN
PARK MUNICIPAL CODE RELATING TO THE FEES FOR REFUSE COLLECTION AND
CURBSIDE RECYCLING SERVICES SKMO)
Further reading was waived, read by title only and Ordinance No. 1192 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
CHAPTER 50, SECTION 19 OF TITLE V OF THE BALDWIN PARK MUNICIPAL CODE
RELATING TO FEES FOR REFUSE COLLECTION AND CURBSIDE RECYCLING
SERVICES," was adopted on second reading. CouncilmemberVan Cleave voted No."
APPROVAL OF AN AGREEMENT FOR QUALITY ASSURANCE/QUALITY CONTROL
REIMBURSEMENT FOR RUBBERIZED ASPHALT CONCRETE PROJECTS 6oa«i»
The City Council approved an Agreement with the Los Angels County Department of Public
Works to inspect and perform quality assurance and/or quality control for the Citywide
Pavement Rehabilitation Program using Asphalt Rubber Hot Mix ARHM) and authorized
Mayor to execute the Agreement.
APPROVE AGREEMENT WITH STATE OF CALIFORNIA, OFFICE OF TRAFFIC SAFETY,
TO RECEIVE TRAFFIC GRANT MONEY CALLED A MINI-GRANT) FOR THE
ENFORCEMENT OF SEAT BELT LAWS GOO^O)
The City Council approved an Agreement with the State of California, Office of Traffic Safety
in an amount not to exceed $19,899.53 to receive traffic grant money for the enforcement of
seat belt laws. The Chief of Police was authorized to execute the Agreement. The short-
term use of the trust fund account until reimbursed by the Office of Traffic Safety was
approved.
AWARD OF CONTRACT FOR THE CONSTRUCTION OF NEW TRAFFIC SIGNALS AT
THE INTERSECTION OF MERGED AVENUE/VINELAND AVENUE AND MERGED
AVENUE/MARKET PLACE. CIP 878A CONTINUED PROM AUGUST 21.2002) MMMO)
The City Council awarded a contract to Pete & Sons Construction, Inc., in the amount of
$187,000 for the construction of two traffic signals at Merced Avenue/Vineland Avenue and
Merced Avenue/Market Place, CIP 878A. The Mayor was authorized to execute the
Agreement. The Public Works Director was authorized to execute any necessary change
orders in an amount not to exceed ten-percent 10%) of the original contract amount.
Councilmember Van Cleave voted No."
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2002 09 04 CC MIN (Ìì œ Õ City Council Minutes September 4, 2002 Page 5
APPROVE POLICE DEPARTMENT PERSONNEL UPGRADES; DISPATCH SUPERVISOR
& RECORDS SUPERVISOR 700-20)
The City Council approved the two upgrades and direct the Chief of Police to proceed in the
hiring process.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
MINUTES Mo-40)
A motion was made to approve the minutes of August 7. 2002 Regular); August 15, 2002
Special); and August 21. 2002 Study & Regular), as presented; bring back the minutes of
June 19. 2002 with the corrections; and that all future requests for verbatim transcripts of
minutes be outsourced.
MOTION: Councilmember Gair SECOND: Councilmember Pacheco Carried
ABSTAIN: Councilmember Gair abstained on the minutes of August 7, 2002.
APPROVE RETIREMENT AND SALE OF POLICE CANINE ROBBY" SSCMO)
Councilmember Pacheco requested to publicly recognize Officer Hemenway and the
retirement of Robby" at the September 18. 2002, City Council meeting.
A motion was made to approve the retirement and sate of the police canine Robby to
Detective Michael Hemenway, in an amount not to exceed $1 and authorize the Chief of
Police to execute the Agreement.
MOTION: Councilmember Pacheco SECOND: Councilmember Gair Carried
REPORTS OF OFFICERS
HOUSING COMMISSION APPOINTMENTS TO FILL UNEXPIRED VACANCIES OF
OFFICE NO. 2 LUJAN) AND OFFICE NO. 6 SAVAGE) 110.20)
Councilmember Pacheco requested to appoint FRANK TINOCO to office No. 2; and Mayor
Pro Tern Garcia requested to appoint ROSE ACOSTA to office No. 6 Tenant
Commissioner).
A motion was made to waive further reading, read by title only and adopt Resolution No.
2002-085 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK. AMENDING RESOLUTION NO. 2002-038. APPOINTING FRANK TINOCO TO
OFFICE NO. 2 FOR THE UN-EXPIRED TERM TO JUNE 30. 2005. AND ROSE ACOSTA
TO OFFICE NO. 6 TENANT COMMISSIONER) FOR THE UN-EXPIRED TERM TO JUNE
30, 2003, OF THE HOUSING COMMISSION."
MOTION: Councilmember Gair SECOND: Councilmember Pacheco Carried
PLANNING COMMISSION APPOINTMENT TO FILL THE UNEXPIRED VACANCY OF
OFFICE NO-1 HUETINCK) HO-M)
City Attorney Alvarez-Glasman noted that the application of Efren Rivera was not included
with the agenda packet due to the 2-year time limitation of application consideration.
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2002 09 04 CC MIN (Ìì œ Õ City Council Minutes September 4, 2002 Page 6
However, at the request of Mayor Lozano, Mr. Rivera's application dated June 12, 2000, was
included for consideration of appointment.
A motion was made to waive further reading, read by titte only and adopt Resolution No.
2002-084 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK. AMENDING RESOLUTION NO. 2002-058, APPOINTING EFREN R1VERA TO
OFFICE NO. 1 OF THE PLANNING COMMISSION FOR THE UN-EXPIRED TERM TO
JUNE31.2003."
MOTION: Mayor Lozano SECOND: CoundlmemberPacheco Carried
TOWING FRANCHISES UPDATE SWM)
Chief Kling presented the report as follows: In May, 2001. City Council adopted Baldwin Park
Municipal Code Chapter 100 relating to Authorized Police Towing Franchises. Franchise
Agreements were awarded effective December 2. 2001.
At the August 21, 2002. City Council meeting, Council Member Linda Gair requested an
update on the franchise tow agreements with Royal Coaches and Budget Tow Companies.
This request was made after Crty Council received a confidential memorandum dated July
22, 2002. In staffs confidential memorandum to City Council, factual information was
disseminated that determined the franchise agreement violations that each tow operator
currently has, or continues to commit. This information was gathered from supporting
documents from the inception of the franchise agreements and is on file in the Chiefs office.
Police management is currently preparing documentation pursuant to BPMC 100.250
Grounds for Cancellation, Revocation or Suspension of Budget Tow as a franchisee. The
procedure for such action is described in BPMC 100.260. This action is necessary due to
the following conclusions: BPMC 100.250):
An official Police Tow Service fails to pay any city business license fees for
other fees provided in the franchise agreement or by the Baldwin Park
Municipal Code; or
An Official Police Tow Service breaches any rules, regulations, or conditions set
forth in the franchise agreement or the Baldwin Park Municipal Code; or
An Official Police Tow Service, or any person having any ownership interest in
that Official Police Tow Service or any employee of that Official Police Tow
Service, violates any federal, state or local law; or
An Official Police Tow Service fails to keep any tow vehicle in safe condition
and good repair; or
An Official Police Tow Service commits fraud or deceit upon the City, including,
without limitation, falsifying data and records relating to the City's requests for
towing service, falsifying the number of official police tow services performed,
falsifying the response times to the City request for tow services.
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2002 09 04 CC MIN (Ìì œ Õ City Council Minutes September 4. 2002 Page 7
Chief Kling further stated that regardless of this report, police staff continues to work closely
with the management of Budget Tow Service in completing the day-to-day operations
necessary to successfully carry out all provisions of the franchise agreement. Once the
necessary documentation is completed, pursuant to Chapter 100 BPMC. Council will be
informed.
In response to Mayor Pro Tern Garcia inquiry, Chief Kling advised that a Notice of Proposed
Action will be sent to Budget Towing by the end of next week.
A motion was made to receive and file this report with authorization to move forward.
MOTION: Councilmember Gair SECOND: CouncilmemberVan Cleave Carried
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
Councilmember Gair requested that the Council schedule a time to conduct the evaluation of
the Chief Executive Officer. Mayor Lozano stated that he would contact Executive Secretary
to the CEO Thompson to schedule a meeting with all other Councilmembers for discussion of
this matter. There were no objections.
Councilmember Gair expressed concern with the vandalism and graffiti on the units located
at La Rica and Baldwin Park Blvd. Mayor Lozano requested that staff inquire as to why said
project has yet to be completed. Councilmember Gair further suggested that a message be
taken by the Chief of Police to the Dalewood area discouraging gang activity. She also
requested that the City begin a major clean-up effort of that area. There were no objections.
Mayor Pro Tern Garcia requested that the bus stop at Francisqurto and Baldwin Park Blvd.
be maintained for cleanliness. She thanked the Recreation and Community Services staff for
this year's successful concert in the park series.
CouncilmemberVan Cleave complemented the successfulness of Baldwin Park's Concerts in
the Park.
Councilmember Pacheco spoke about the Ordinance relating to Metrolink Parking permits,
stating that the existing ordinance established a no fee permit" for the disabled however,
individuals who prominently display their handicap plaques are being issued citations. He
requested staff to look into this matter and bring back a report to Council.
Councilmember Pacheco requested that Councilmember Van Cleave and Baldwin Park
Beautiful be publicly recognized at a future Council Meeting for their hard work and
dedication.
City Treasurer Contreras congratulated Director Carrillo and staff for the successful concert
series. She requested to be excused from the September 18. 2002 City Council meeting.
Mayor Lozano requested staff to look into the parking situation for the businesses on
Ramona near the Metrolink Station. There were no objections.
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2002 09 04 CC MIN (Ìì œ Õ City Council Minutes September 4» 2002 Page 8
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 8:30 p.m.
Approved by the Cop^il at their meeting held September 18, 2002.
Rosemary 0^g^^fez, CMC
Chief Deputy Ci
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