HomeMy WebLinkAbout2003 07 02 CC MIN2003 07 02 CC MIN (Ìì H
FOCOUNCIL CHAMBER JULY 2. 2003
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 Marlen Garcia, David Olivas, Ricardo Pacheco, Mayor Pro Tern
Bill Van Cleave, and Mayor Manuel Lozano
Also Present: Dayle Keller, Chief Executive Officer; Stephanie Scher. City Attorney; Mark
Kling, Chief of Police; Jose Sanchez, Finance Director; Shafique Naiyer, Public Works
Director; Melecio Picazo, Interim Community Development Director; Manny Carrillo,
Recreation and Community Services Director; Dolores Gonzalez-Hayes, Housing Director;
Maria A. Contreras, City Treasurer; Rosemary M. Ramirez, Chief Deputy City Clerk; and
Kathleen Sessman, Deputy City Clerk
ANNOUNCEMENTS
Mayor Lozano requested that this meeting be adjourned in memory of Baldwin Park resident
Margaret Del Castillo.
In light of the recent run-away train accident that occurred in the City of Commerce, Mayor
Lozano requested letters be sent to Assemblyman Edward Ed" Chavez and Senator Gloria
regarding run-away trains. In an inquiry by Councilmember Olivas. Chief Executive Officer
Keller advised the Council that information about potential effects of derailments within the
City of Baldwin Park, would be sent to Council via the weekly status report.
Councilmember Pacheco announced the upcoming 4th of July spectacular to take place at
Sierra Vista High School. He also announced the upcoming Pride of the Valley Run to be
held August 2, 2003. He requested that flyers be distributed to local schools and churches.
Mayor Lozano spoke regarding the state budget crisis and the proposed taking of city funds
in an effort to balance the state's deficit. He referenced AB1769 Opreza), stating his support
of that bill.
Councilmember Garcia announced the upcoming Badge of Courage luncheon, honoring
Baldwin Park Chief of Police Mark Kling, to be held Thursday, July 10, 2003 at the Radisson
Hotel.
Councilmember Olivas commented on the state budget crisis, noting that he personally wrote
letters to the Speaker and our local legislators. He further stated that he will travel to
Sacramento if necessary, to lobby on behalf of the City to keep our local assets local).
Mayor Lozano announced that he received a telephone from State Senator Feinstein
requesting support of Governor Gray Davis. Mayor Lozano requested that this matter be
brought back at a later date.
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PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
Awards of Merit were presented to Baldwin Park Soccer League Team Members for their
Participation in the Lancaster Tournament held May 24-25, 2003
Certificates of Recognition were presented to members of the Baldwin Park Explorers for
their participation in the 2003 Las Vegas Competition
Award of Recognition was presented to the Los Angeles County Sheriffs Department for their
assistance to the Baldwin Park Police Department and City of Baldwin Park
A Presentation of Commendation by Captain Steve Johnson, Los Angeles County Sheriffs
Department was presented to Baldwin Park Police Department Gang Detectives Mark Adams
& Steve Molina for their Superior Performance in the COMNET program.
PUBLIC COMMUNICATIONS
Dan Trunco, resident, expressed dismay with the negative actions relating to Coundlmember
Van Cleave, particularly an incident in which Coundlmember Van Cleave's wages are being
withheld.
Jose Guerrero, resident, expressed concern with Code Enforcement and the handling of a
situation relating to an inspection of his home. Mayor Lozano requested that Code
Enforcement information such as permit requirements, etc.. be published in the NOW. He
also requested that an in-service" weekend be scheduled to take place sometime in the near
future. This event would be similar to the event held and sponsored approximately three 3)
years ago by Home Depot.
Gerald White, West Covina resident, requested that the City of Baldwin Park publicly
recognize West Covina Coundlmember Shelly Sanders for her efforts and assistance in
closing down the West Covina Parole office.
Mary Ferrer, resident, spoke regarding a program sponsored by former Director Larry Ortega
of Community Union, stating that Mr. Ortega offered a competitive type program in which Ms.
Ferrer's son won a computer. Mr. Ortega failed to give the prize computer) to her son. Ms.
Ferrer inquired as to whether or not the funds expended for this program were CDBG funds.
Staff was directed to look into this matter.
CONSENT CALENDAR APPROVED
Coundlmember Pacheco requested that the following items be removed from the Consent
Calendar for discussion:
1) Item 1-D Approval of User Agency Agreement Workforce Investment Act
Summer Youth Employment Program)
2) Item 1-F Extension of Professional Services Agreement with Willdan for
Consulting Services within the Planning Division
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Councilmember Garcia requested that the following item be removed from the Consent
Calendar for discussion;
1) Item N Approval for the Appropriation of Additional Funds for the Baseball
Lighting System at Pleasant View School Pony League
A motion was made approve Consent Calendar Item Nos. A-M with the exception of items D,
F and N) as presented, and as follows:
MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Carried
MINUTES
The minutes of January 29, 2003 Special); and May 28, 2003 Joint with Planning &
Special), were approved as presented.
WARRANTS AND DEMANDS
The Warrants and Demands were receive and filed.
CLAIM REJECTION SERGIO HERNANDEZ 12.22.02)
The City Council rejected the claim of Sergio Hernandez 12.22,02) and directed staff to send
the appropriate notices of rejection to claimant.
ORDINANCE APPROVING AN AMENDMENT TO THE CITY'S ZONING CODE FROM C-1,
NEIGHBORHOOD COMMERCIAL TO RG, RESIDENTIAL GARDEN ON THE PROPERTY
LOCATED AT 14564 PACIFIC AVENUE TO ALLOW FOR THE CONSTUCTION OF A
SINGLE-FAMILY RESIDENTIAL UNIT CASE NO.: Z-533)
Further reading was waived, read by title only and Ordinance No. 1206 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK Approving a
change of zone FROM c-1, Neighborhood commercial to RG, Residential garden on the
property located at 14564 pacific avenue Case No.: Z-533; Applicant: John Gerard)." was
approved on second reading.
RENEWAL OF CONTRACTUAL AGREEMENT WITH EMERGENCY PREPAREDNESS
CONSULTANT
The City Council approved the Agreement between the City of Baldwin Park and Irven
Dawson, for emergency preparedness and related consulting services.
CONTRACT RENEWAL FOR JAIL SERVICES WITH BALDWIN PARK UNIFIED SCHOOL
DISTRICT POLICE DEPARTMENT
The City Council approved the Agreement between the City of Baldwin Park and the Baldwin
Park Unified School District Police Department, for jail services.
CONTRACT RENEWAL FOR JAIL SERVICES WITH IRWINDALE POLICE DEPARTMENT
The Agreement between the City of Baldwin Park and Irwindale Police Department, for jail
services, was approved.
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APPROVAL OF RENEWAL OF ANNUAL SERVICE AGREEMENT WITH KNIGHT
COMMUNICATIONS FOR A SYSTEMS ADMINISTRATOR
The City Council approved the Consultant Agreement with Knight Communications in an
amount not to exceed $96,000 for a full-time Systems Administrator; and authorized the
Mayor to execute the Agreement.
APPROVAL OF A ONE 1) YEAR AGREEMENT WITH THE BALDWIN PARK CHAMBER
OF COMMERCE FOR PUBLICATION OF THE NOW
The Agreement with the Baldwin Park Chamber of Commerce in the amount of $29, 444.04
for publication of the NOW, was approved.
APPROVAL OF APPROPRIATION OF FUNDS TO SUPPORT SISTER CITY'S VISIT IN
JULY
The City Council approved funding for the use of a bus by the Tototl^n Sister Cities'
Association.
APPROVAL OF FINAL TRACT MAP NO. 53899 LOCATED AT 4111 WALNUT STREET
BOWDEN DEVELOPMENT
Final Tract Map No. 53899, was approved.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
APPROVAL OF USER AGENCY AGREEMENT WORKFORCE INVESTMENT ACT
SUMMER YOUTH EMPLOYMENT PROGRAM)
Coundlmember Pacheco requested to receive information regarding the Workforce
Investment Act Agency's ability to perform. He wishes to ascertain that the Agency is not
under County probation and that they have the ability to serve the City of Baldwin Park.
A motion was made to table this matter to July 16. 2003.
MOTION: Coundlmember Pacheco SECOND: Mayor Pro Tern Van Cleave Carried
EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR
CONSULTING SERVICES WITHIN THE PLANNING DIVISION
Coundlmember Pacheco requested Staff look into utilizing existing staff members to fill the
existing personnel needs and bring back alternatives for Council review. He requested to
receive a copy of the report completed by the consultant relating to personnel needs in the
Planning Division.
A motion was made to deny the extension to the Professional Services Agreement with
Willdan.
MOTION: Coundlmember Pacheco SECOND: Mayor Pro Tern Van Cleave Carried
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APPROVAL FOR THE APPROPRIATION OF ADDITIONAL FUNDS FOR THE BASEBALL
LIGHTING SYSTEM AT PLEASANT VIEW SCHOOL PONY LEAGUE
Coundlmember Garcia referred to this request as being similar to the situation reviewed
previously by the Council by the league that was in need of additional funding. Engineering
Manager Idnani explained that each year, the City completes lighting for various little league
organizations. This request is for completion of lighting at a Pony League which requires six
6) poles as opposed to the original three 3) that were approved for installation. He further
explained that these funds are appropriated from the General Fund. Upon question by
Councilmember Garcia, Director Sanchez indicated that there are no funds available in the
Youth Sports related fund for use with this expenditure.
After discussion, a motion was made to authorize staff to proceed with the installation of two
additional light poles for the Pony League baseball field at Pleasant View School. The
Finance Director was authorized to appropriate $47,000 from the General Fund to complete
the construction of this project and appropriate 5% $2,350) for contingencies, and the
Director of Public Works was authorized to execute any necessary change orders in an
amount not to exceed five percent 5%) of this contract.
MOTION: Councilmember Garcia SECOND: Coundlmember Pacheco Carried
PUBLIC HEARINGS
PUBLIC HEARING TO CONSIDER APPROVAL OF A ZONE CHANGE FROM 1C,
INDUSTRIAL COMMERCIAL TO C-2, GENERAL COMMERCIAL AND THE REPEALING
OF SPECIFIC PLAN SP 9101 ON THE PROPERTY LOCATED AT 3311 BALDWIN PARK
BOULEVARD TO PERMIT THE CONSTRUCTION OF A COMMERCIAL/RETAIL
SHOPPING CENTER AND THE REPEAL OF SPECIFIC PLAN 91-1, TO ALLOW THE
DEVELOPMENT OF A 49,141 SQUARE FOOT SIERRA EXPANSION PROJECT
POWER" SHOPPING CENTER); CASE NO.: Z-531; APPLICANT: M & A GABAEE. LLP
CONTINUED FROM JUNE 18, 2003)
Mayor Lozano declared the public hearing OPEN for public participation. There was no one
wishing to speak.
A motion was made to direct staff to re-notice the public hearing and to bring back at the
same time that the Disposition and Development Agreement is completed.
MOTION: Mayor Pro Tern Van Cleave SECOND: Councilmember Olivas Carried
PUBLIC HEARING TO CONSIDER APPROVAL OF A ZONE CHANGE AND A
DEVELOPMENT PLAN, TO PERMIT AN EIGHT 8) UNIT SINGLE-FAMILY DETACHED
TOWNHOME PLANNED DEVELOPMENT CASE NO: Z-532 AND DR-22; LOCATION:
3102-3106 FRAZIER STREET; APPLICANT: KENNETH WANG) CONTINUED FROM
JUNE 18, 2003)
Acting Planning Manager Dean Sherer presented the report as follows: The City Council
continued this item from their meeting of June 18, 2003, in order for staff to provide additional
information regarding the project and, in particular, more information regarding the amount of
common open space provided in the development. The table included on Page 3 of staffs
report compares the project with the RG Residential Garden Zone Standards. In response to
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Council's previous inquiry relating to open space, a revised discussion of the common open
space is included on Page 4 of staffs report.
Councilmember Olivas acknowledged that the ordinance is in error which reads mitigated
negative declaration". He referred to staff's report, noting that the an error exists within the
staff report indicating that this entitlement is a negative declaration". Acting Planning
Manager Sherer indicated that the documents would be changed to correct the deficiencies.
Councilmember Olivas indicated his desire and expectation that these types of errors not
occur in the future.
A motion was made to approve the Negative Declaration of Environmental Impact, waive
further reading, read by title only and introduce for first reading Ordinance No. 1208, as
corrected, entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK APPROVING A CHANGE OF ZONE FROM RG TO RG PD) ON THE PROPERTY
LOCATED AT 3102-3106 FRAZIER STREET CASE NO.: Z-532; APPLICANT: KENNETH
WANG);" and, waive further reading, read by title only and adopt Resolution No. 2003-038
entitled. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ADOPTING A DEVELOPMENT PLAN TO ALLOW THE CONSTRUCTION OF AN EIGHT 8)
UNIT SINGLE-FAMILY DETACHED RESIDENTIAL TOWNHOME DEVELOPMENT AND
APPROVING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT CASE NO.:
DR-22; LOCATION: 3102-3106; APPLICANT: KENNETH WANG).
MOTION: Mayor Lozano SECOND: Councilmember Garda Carried
PUBLIC HEARING TO CONSIDER CITYWIDE PARK MAINTENANCE ASSESSMENT
DISTRICT FOR FY 2003-04 CONTINUED FROM JUNE 18, 2003)
Mayor Lozano declared the public hearing OPEN for public participation.
Gerald White, resident of West Covina, expressed his opposition to the tax.
There was no one else wishing to speak therefore, the Mayor declared the public hearing
CLOSED.
A motion was made to waive further reading, read by title only and adopt Resolution No.
2003-042 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA ORDERING THE ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS ASSOCIATED WITH THE CITYWIDE PARK MAINTENANCE DISTRICT;"
and. waive further reading, read by title only and adopt Resolution No. 2003-043 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA
AUTHORIZING THE ADDITION OF SPECIAL ASSESSMENTS TO THE TAX BILL."
MOTION: Councilmember Garda SECOND: Councilmember Olivas
NOES: Mayor Pro Tern Van Cleave, Councilmember Pacheco Carried
PUBLIC HEARING TO CONSIDER CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT FOR FY 2003-04 CONTINUED FROM JUNE
18,2003)
Mayor Lozano declared the public hearing OPEN for public participation. There was no one
wishing to speak therefore, the Mayor declared the public hearing CLOSED.
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A motion was made to waive further reading, read by title only and adopt Resolution No.
2003-040 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA ORDERING THE ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS ASSOCIATED WITH THE CITYWIDE LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT;" and waive further reading, read by title only and adopt
Resolution No. 2003-041 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK, CALIFORNIA AUTHORIZING THE ADDITION OF SPECIAL
ASSESSMENTS TO THE TAX BILL."
MOTION: Councilmember Garcia SECOND: Councilmember Pacheco Carried
REPORTS OF OFFICERS
REVIEW OF ALL COMMISSION APPOINTMENTS AND CONSIDERATION OF
APPOINTMENTS AND/OR REAPPOINTMENTS TO THE HOUSING, PLANNING AND
RECREATION AND COMMUNITY SERVICES COMMISSIONS
A motion was made to re-notice the vacancies for all positions on every city commission and
to direct the City Clerk's Office to confirm residency requirements for each applicant.
MOTION: Councilmember Pacheco SECOND: Councilmember Olivas Carried
INTRODUCTION OF AN ORDINANCE PROVIDING CONSUMER PRICE INDEX CPI)
RATE ADJUSTMENT FOR REFUSE HAULING SERVICES WASTE MANAGEMENT OF
THE SAN GABRIEL/POMONA VALLEY
A motion was made to waive further reading, read by title only and introduce for first
reading Ordinance No. 1209 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"; and to direct the City Attorney's office to review
alternative methods possibly a resolution) for adopting this annual increase. Mayor Pro Tern
Van Cleave requested to receive clarification on the CPI calculations. There were no
objections.
MOTION: Councilmember Pacheco SECOND: Councilmember Olivas Carried
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
REQUEST BY MAYOR MANUEL LOZANO FOR ADDITIONAL DISCUSSION ABOUT
MOSQUITO ABATEMENT
Mayor Lozano requested that information relating to the Mosquito Abatement be placed in the
NOW. There were no objections.
REQUEST BY MAYOR MANUEL LOZANO FOR DISCUSSION OF PROPOSED COUNTY
LIBRARY TAX
Mayor Lozano requested staff to monitor the proposed County Library Tax closely. He also
requested that as information is made available from the County, that an article regarding the
proposed tax be placed in the NOW. There were no objections.
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REQUEST BY COUNCILMEMBER DAVID OLIVAS FOR DISCUSSION OF THE
ESTABLISHMENT OF CITY PURCHASING GUIDELINES THAT PROVIDE FOR
SELECTION CRITERIA THAT MAY BENEFIT OR ENCOURAGE PRINTING SHOPS THAT
PAY UNION WAGES AND BENEFITS TO WORKERS AND THEIR FAMILIES
Councilmember Olivas stated that he would like to see if there's a method for giving points or
benefits to printing shops that pay union wages to their workers and their families, provided
the method is consistent with the City's existing purchasing guidelines. He requested staff to
continue their research and bring back a possible ordinance for consideration of approval.
Councilmember Garcia feels that the City's goal should be one that seeks businesses within
the community, so that our local businesses have contracts with the City. She also feels that
minority owned businesses and women owned businesses need to be considered as well
and that this type of criteria be included in this ordinance.
By Council consensus, staff was requested to research and bring back a report for Council
review and approval.
UPDATE FROM CHIEF EXECUTIVE OFFICER ON STATE BUDGET PROCESS AND
DISCUSSION OP CONSIDERATION OF RESOLUTION/RESOLUTIONS
Chief Executive Officer Keller presented the report as follows: As of this date, the State
Legislature is still trying to put a state budget together. As you know, the major
disagreements on the budget fall along party lines with Republican representatives not
favoring tax increases and Democratic representatives favoring them with some exceptions).
Also, Democratic legislators have been canvassing the state talking with local governments
about the possible impacts. On June 20, 2003, the Mayor net with other Mayors in the 24th
District with State Senator Gloria Romero.
Also, on June 25, 2003, I. along with Coundlmembers Olivas and Pacheco, met with
Assemblyman Ed Chavez for additional discussions. Assemblyman Chavez provided
information on the Campaign to Save California" effort, which embraces a balanced
approach to balancing the state budget.
Two resolutions have been delivered to the Council for consideration of adoption. One
resolution is strictly the one being recommended by the Assembly. The second resolution is
exactly like the first resolution except it also contains a couple provisions at the end of the
resolution stating that the League is recommending be added.
Councilmember Olivas suggested approving the League of California Cities resolution,
deleting the item that states, adopt a set of tax increases dedicated solely to retiring short
term borrowing."
A motion was made to adopt Resolution 2003-050, eliminating the last two 2) provisions of
the resolution that call for the Vz cent sales tax increase.
MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried
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COUNCIL COMMENTS
Mayor Lozano announced that he met with Jose Perez of SEIU 434, who indicated that they
are attempting to pass a resolution relating to Los Angeles County Home Health Workers'
Healthcare Campaign. He recommended that this matter be brought back for Council
consideration of adoption.
Councilmember Pacheco requested that a letter in support of SB60 Driver's License Law) be
sent to the Governor. He also requested that a letter be sent to Assemblyman Gil Cedillo
stating that Councilmember Pacheco initiated Council support of SB60. There were no
objections.
Councilmember Pacheco referred to an article in the Tribune regarding threats of litigation by
the County in connection with the Mid-Valley Consortium matters. He requested that the City
Council support initiating an investigation on the City's behalf and that all the events as they
occurred, be documented. City Attorney Scher confirmed that this direction was for the
purpose of information gathering.
Councilmember Pacheco reported that he has received many complaints about illegal drug
and prostitution element in the Auction Village area. Chief Kling responded, indicating that a
confidential report is forthcoming to the Council within the next 30 days, outlining a proposed
plan for clean-up of this area. Councilmember Olivas requested that the proposed report be
sent to Council for input prior to the plan being implemented. There were no objections.
Councilmember Pacheco requested the Director of Public Works review the personnel needs
within his department. Councilmember Pacheco feels that there lack the employment of
engineers within the Public Works Department. He also feels that individuals with
Engineering certificates and other special licenses should be considered for employment.
He recommended that a salary survey be conducted for the Engineering Department.
Councilmember Pacheco also requested that the Council consider reviewing Requests for
Qualifications for design firms working with the City.
Councilmember Pacheco requested that staff proceed with the recruitment of a Personnel
Manager.
Councilmember Garcia suggested the Council implement a program that would coordinate
with real estate businesses whereby notification would be made to the City of new home
ownership within the City. She recommended that welcome packages be made and
information be given to these new homeowners. Assistant to the Chief Executive Officer
Bouton advised that this type of program is proposed in the Chamber of Commerce's
package.
Councilmember Garcia requested that a letter be sent to the Newport Beach Mayor
expressed the Council's displeasure with the recent comments made by Richard Nichols,
Newport Beach Councilmember.
Councilmember Olivas directed a comment to staff stating, that he considers every council
meeting to be a super bowl whereby, this is the forum in which Council discusses items for
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the first time. He carefully reviews the staff reports and in the spirit of this being the forum, he
will continue to hold staff to a higher standard.
Mayor Lozano requested staff contact the principal at Heath Elementary regarding a problem
with street parking in the vicinity of the school.
Coundlmember Pacheco requested staff contact Craigmont Street residents regarding the
sidewalk improvements.
Coundlmember Pacheco requested staff to look into request for qualifications for legal
publications.
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 9:35 p.m., in
memory of Margaret Del Castillo.
Approved as presented by the Council at their meeting held November 5, 2003.
Rosemary M.^apwez, CMC
Chief Deputy Cily Clerk
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