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HomeMy WebLinkAbout2004 03 17 CC MIN2004 03 17 CC MIN(Ììž'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. BIB] 38091-U01 2004-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42893-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 03 17 CC MIN(Ììž'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. BIB] 38091-U01 2004-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42893-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 03 17 CC MIN(Ììž'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. BIB] 38091-U01 2004-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42893-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 03 17 CC MIN(Ììž'City Council Minutes March 17, 2004 Page 4 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. BIB] 38091-U01 2004-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42893-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 03 17 CC MIN(Ììž'City Council Minutes March 17, 2004 Page 5 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. BIB] 38091-U01 2004-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42893-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06 2004 03 17 CC MIN(Ììž'City Council Minutes March 17, 2004 Page 6 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^ x y R. Sess^nan Deputy City Clerk BIB] 38091-U01 2004-U02 03-U02 17-U02 CC-U02 MIN-U02 LI1-U03 FO8420-U03 FO35391-U03 DO42893-U03 C4-U03 MINUTES1-U03 4/14/2004-U04 ROBIN-U04 REGULAR-U05 SESSION-U05 CC-U06