HomeMy WebLinkAbout2004 03 17 CC MIN2004 03 17 CC MIN (Ìì ž ' COUNCIL CHAMBER MARCH 17. 2004
14403 E. PACIFIC AVENUE WEDNESDAY
BALDWIN PARK, CA 91706 6:00 P.M.
The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the
above time and place.
ROLL CALL
Present: Councilmember Marlen Garcia, David Olivas, Bill Van Cleave, Mayor Pro-Tern
Ricardo Pacheco and Mayor Manuel Lozano
Also Present: Dayle Keller, Chief Executive Officer; Stephanie Scher, City Attorney; Mark
Kling, Chief of Police; Shafique Naiyer, Public Works Director; Melecio Picazo, Interim
Community Development Director; Manny Carrillo, Recreation and Community Services
Director; Dolores Gonzalez-Hayes, Housing Director; Kathryn Tizcareno, City Clerk; Maria A.
Contreras, City Treasurer; and Kathleen Sessman, Deputy City Clerk
CITY CLERK OPENS NOMINATIONS FOR MAYOR PRO TEM
Mayor Pro Tern Van Cleave thanked the City Council for the opportunity to serve as Mayor
Pro Tern for the previous year.
A motion was made to appoint Councilmember Pacheco to the office of Mayor Pro Tern.
MOTION: Mayor Pro Tern Van Cleave SECOND: Mayor Lozano Carried
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
Certificates of Recognition were presented to students and their teachers for winning the
2004 Baldwin Park Unified School District's Adult and Community Education Adult Education
Essay Contest What Adult Education Means to Me."
Certificates were presented to Sierra Vista High School Students for their outstanding
performance in the 2004 Countrywide Academic Decathlon.
PUBLIC COMMUNICATIONS
Ana Frutos-Sanchez introduced and provided Council with a brief summary of AB 2006,
Reliable Electric Service Act of 2004."
Margarita Vargas requested police patrol around school during drop off and pick up time.
She further requested consistent and harsh enforcement of traffic laws and policies.
Councilmember Van Cleave requested Chief Kling contact the Baldwin Park School Police
and enforcing policies more consistently.
Dan Trunco expressed concern with the high-density housing projects being developed
throughout Baldwin Park.
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2004 03 17 CC MIN (Ìì ž ' City Council Minutes March 17, 2004 Page 2
CONSENT CALENDAR APPROVED
Councilmember Olivas requested that the following items be removed from the Consent
Calendar for discussion:
1) Item 1-1 AUTHORITY TO JOIN IN AMICUS BRIEF WITH THE CALIFORNIA
BUILDING INDUSTRY ASSOCIATION IN CONNECTION WITH THAT ACTION
ENTITLED CITY OF BURBANK, ET AL. V. STATE WATER RESOURCES
CONTROL BOARD, ET AL. PENDING BEFORE THE CALIFORNIA SUPREME
COURT
2) Item 1-J PROPOSED AGREEMENT WITH LIEBERT CASSIDY WHITMORE
FOR SPECIAL LEGAL SERVICES
Mayor Lozano requested that the following items be removed from the Consent Calendar for
discussion:
1) Item 1-F PROPOSED EMPLOYMENT AGREEMENT WITH GEORGINA
KNIGHT, PERSONNEL/RISK MANAGER
2) Item 1-K PROPOSED AGREEMENT FOR PROFESSIONAL SERVICE WITH
ADVANCED APPLIED ENGINEERING, INC.
A motion was made to approve Consent Calendar Item Nos. A-K with the exception of item
F, I, J & K) as presented, and as follows:
MOTION: Mayor Lozano SECOND: Member Olivas Carried
MINUTES
There were no minutes available for approval.
WARRANTS AND DEMANDS
Report was received and filed.
TREASURER'S REPORT FOR THE MONTH OF FEBRUARY 2004
Report was received and filed.
PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD
OF MARCH 18, 2004 TO APRIL 6, 2004.
The City Council approved the preparation and presentation of the proposed certificates,
proclamations and plaques.
APPROVE CHANGE ORDER NO. 1 FOR ADVANCED APPLIED ENGINEERING, INC.
The City Council approved Change Order No. 1 for Advanced Applied Engineering, Inc. for
additional funds of $25,000.
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2004 03 17 CC MIN (Ìì ž ' City Council Minutes March 17, 2004 Page 3
ADOPTION OF SALARY RESOLUTION NO. 2004-019 A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 2003-081 A
BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK
Further reading was waived, read by title only, and Resolution No. 2004-019 A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
RESOLUTION 2003-081 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY
OF BALDWIN PARK Revising the Personnel/Risk Manager base salary to a fixed rate)," was
adopted.
ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Further reading was waived, read by title only and Ordinance No. 1223 entitled, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING
AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM," was adopted on second reading.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
PROPOSED EMPLOYMENT AGREEMENT WITH GEORGINA KNIGHT,
PERSONNEL/RISK MANAGER
A motion made to approve the proposed employment agreement with Georgina Knight, for
services as Personnel/Risk Manager, and authorize its execution by the Chief Executive
Officer.
MOTION: Mayor Lozano SECOND: Mayor Pro Tern Pacheco Carried
AUTHORITY TO JOIN IN AMICUS BRIEF WITH THE CALIFORNIA BUILDING INDUSTRY
ASSOCIATION IN CONNECTION WITH THAT ACTION ENTITLED CITY OF BURBANK,
ET AL. V. STATE WATER RESOURCES CONTROL BOARD, ET AL PENDING BEFORE
THE CALIFORNIA SUPREME COURT
Councilmember Olivas stated for the record that the city will not be paying anything extra for
this, this is Just to put our name on.
A motion was made to authorize the City Attorney to send a letter to the law firm of Rutan &
Tucker. LLP, attention Richard Montevideo, by no later than March 26, 2004 to join in amicus
brief with the California Building Industry Association BIA) in connection with that action
entitled City of Burbank, et al. V. State Water Resources Control Board, etal. pending before
the California Supreme Court.
MOTION: Councilmember Olivas SECOND: Mayor Pro Tern Pacheco Carried
PROPOSED AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR SPECIAL LEGAL
SERVICES
In response to an inquiry by Councilmember Olivas, City Attorney Scher stated that the city
has a legal services agreement with Lieberty Cassidy Whitmore. She explained that
fundamentally the proposed agreement before Council tonight is to changing their rates and
that the $2,000 program is separate from this contract.
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With the clarification that the $2,000 program is separate from this contract. A motion was
made to approve the agreement with Liebert Cassidy Whitmore. The Mayor was authorized
to execute said agreement.
MOTION: Councilmember Olivas SECOND: Councilmember Van Cleave Carried
PROPOSED AGREEMENT FOR PROFESSIONAL SERVICE WITH ADVANCED APPLIED
ENGINEERING, INC.
A motion was made to approve the proposed agreement with Advanced Applied Engineering,
Inc., and authorize its execution by the Mayor.
MOTION: Mayor Lozano SECOND: Mayor Pro Tern Pacheco Carried
NOES: Councilmember Van Cleave
PUBLIC HEARING
PUBLIC HEARING REGARDING THE USE OF FISCAL YEAR 2004-2005 FEDERAL
COMMUNITY DEVELOPMENT BLOCK GRANT CDBG) AND HOME INVESTMENT
PARTNERSHIP HOME) FUNDS
Mayor Lozano declared the public hearing OPEN for public participation.
The following individuals spoke on behalf of their organizations, respectively, Margarita
Vargas, Housing Commissioner, Julie Linberg, Hillsides; Ron Sachs, East San Gabriel Valley
Coalitional for Homeless; Tyrone Barlow, Citrus Valley Health Foundation; Francine
DeMarco, Project Sister; Jennifer Foote, Senior Services for Santa Anita Family Services;
Cecelia Bernal, Church of the Redeemer; Greg Dorst, Mid Valley Recovery; Elmer Jackson,
CEO of CEH Recovery Services regarding CDBG and HOME programs and the use of funds
for FY 2004-05.
There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing
CLOSED.
Mayor Lozano inquired how CDBG funds end up with one million seven hundred ninety
seven thousand six hundred and seventy one dollars. He stated that since he has been here,
1995 these funds have been above two million dollars. He requested matter be directed back
to staff for clarification and that everything over the last two years be categorized and broken
down for comparison.
Mayor Pro Tern Pacheco expressed his desire for additional time to consider the testimony
received tonight, the recommended amounts and the agency requesting funds. He further
expressed his support bringing back the matter at a later date. He requested a cost
comparison and a more detailed cost analysis be provided for Council's review.
In response to Council inquiries Housing Programs Coordinator Ruelas explained that in last
years budget the city included all carry over monies. She explained that as Council might
remember during the time we had a consultant the funds were not spent in the amount of
time they should have been spent so the city had quiet a bit of money to carry over. She
explained that last year the city budgeted every amount that we had at the beginning of the
year, while this year money carried over will be included mid year, it was not included in this
budget presently before Council.
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Mayor Pro Tern Pacheco requested that in future reports any explanations be included in the
report so that there is clarity on what we are voting for.
In response to an inquiry by Councilmember Olivas Director Gonzalez-Hayes explained that
the 108 Loan is being secured by CDBG Funds, and that information is available for Council
review under Attachment C of the staff report.
Councilmember Garcia offered a special thanks to Dolores Gonzalez-Hayes and her staff for
what she felt was a very comprehensive report and Commissioners for a job well done. She
stated that she really did not have any changes to the recommendation made, but expressed
concern with duplication of programs. She inquired how the Commissioners decided who
and how much to fund similar programs. Commissioner Vargas explained that the issue was
discussed and the commissions decided to provide majority of funds to programs that have
been working in and for the community, while new program organizations were given smaller
sums of money in order to see how they would work out in the community.
Director Gonzalez-Hayes announced that the Service Center for Independent Living declined
the five thousand being recommend to be awarded to them, so there will be five thousand
dollars to allocate.
A motion was made to continue discussion to the April 7, 2004 City Council Meeting. Mayor
Lozano directed staff to provide a detailed categorized expenditures report for the last two
years spending and clarification regarding why and how this years CDBG funds are under 2
million dollars.
MOTION: Mayor Lozano SECOND: Mayor Pro Tern Pacheco Carried
REPORTS OF OFFICERS
MID-YEAR STATUS UPDATE OF CHAMBER OF COMMERCE CONTRACT CONTINUED FROM
MARCH 3, 2004)
Councilmember Olivas requested Councilmember Garcia and himself schedule a time to
meet with the Executive Director of the Chamber and go over what programs are left in this
year. He expressed a desire to see the City take a more pro-active approach and provide
input in the different programs to better benefit the community. There were no objections.
RESOLUTION APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL
REPRESENTATIVES OF THE CITY
A motion was made to waive further reading, read by title only and adopt Resolution No.
2004-018 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL
REPRESENTATIVES OF THE CITY."
MOTION: Mayor Lozano SECOND: Councilmember Van Cleave Carried
CITY COUNCIL SUPPORT FOR THE CREATION OF A CITYWIDE NATURAL HAZARD
MITIGATION PLAN
After a brief discussion, Council directed staff to form an informal Citywide Natural Hazard
Mitigation Plan Committee, directed staff to include Chief Kling, Director Naiyer and Irv
Dawson as committee members.
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A motion was made to authorize the Finance Director to appropriate $15,000 from the Self-
Insurance fund to cover the cost of a consultant on this project and staff was authorized to
bring back a contract for services at the April 7, 2004 City Council meeting.
MOTION: CouncilmemberVan Cleave SECOND: Councilmember Garcia Carried
COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
Mayor Pro Tern Pacheco requested a report on the hiring practices of Wal-Mart. He
requested the report include the number of Baldwin Park residents being hired
Councilmember Garcia requested a letter be sent to Supervisor Gloria Molina regarding
library funding. She stated that the Library is taking a wait-and-see stance in regards to the
county budget and announced that Library budget information sheets are available at all
libraries. She explained that the Library budget information sheet include possible
consequences of the loss of property taxes and stated that the Libraries are requesting that
we write the governor and our local state legislators and ask that they find a state budget
solution that will not cut local public services in the cities. Councilmember Garcia expressed
concern with Supervisor Gloria Molina's request that Libraries develop a scenario for those
cities that did not put the Library issue on the ballot. She expressed concern that some sort
of punishment will be imposed on cities that did not put the Library issue on the ballot.
Director Carrillo requested Council's authorization to place on the April 7, 2004 agenda a
Healthy Parks Proclamation. There were no objections.
Councilmember Garcia requested a timeline regarding placing the Library issue on the ballot
be provided at the April 7, 2004 Meeting.
Mayor Pro Tern Pacheco requested the City Council adopt a resolution of opposing the
Governor Schwarzenegger proposal to increase school fees.
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 9:40 p.m., in
memory of Manuel Almazan and Talmage Burke.
Approved as presented by the Council at their meeting held April 7, 2004.
ft^L /Ji^n^CU^
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R. Sess^nan
Deputy City Clerk
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