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HomeMy WebLinkAbout1989 05 03 CC MIN1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVE, WEDNESDAY, MAY 3, 1989 AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in Council Chambers at 7:00 p.m. ROLL CALL: PRESENT: COUNCILMEMBERS GIBSON, IZELL, ROLL CALL LOWES, MCNEILL AND MAYOR KING ALSO PRESENT: City Manager Webb, City Attorney Flandrick, Dir. of Admin Services Yelton, Dir. of Comm. Services R. Smith, Acting Dir. of Housing & Economic Development D. Smith, Dir. of Human Services Lucas, Chief of Police Hoskin, City Planner Rangel, City Treasurer Montenegro, and City Clerk Gair 00- The Flag Salute was presented by Girl Scout Troops No. FLAG 962, 925, 809 and 609. Following the presentation of SALUTE AND colors, members of the Girl Scouts presented anti- PRESENTA- littering buttons to the Councilmembers, City Staff and TIONS the audience. Marie Kirk, Baldwin Park Woman's Club, stated that Websters' Disposal had made and donated the Litter is Ugly" buttons. She inquired about littering laws in the City and the State, about pornography as litter, and requested permission to post notice about litter on the marquee at Morgan Park. 00- Proclamations were presented to Sam Candela for Hire a PROCLAMA- Veteran"; to Al Real for Older Americans Month; and to TIONS Arnold Hepner for Water Awareness Week". A Resolution of Commendation was presented to RESOLUTION Investigator Michael Donovan for his work in developing OF COMMEN- the CATCH program, a computerized program that provides DATION auto theft suspect information to patrol division officers. 00- ORAL COMMUNICATIONS C Harry Medkiff, 4433 N. Maine Avenue, spoke regarding the good things that are happening in the community and MEDKIFF encouraged people to support those things. Anthony Bejarano, 3508 Big Dalton Avenue, commented on ANTHONY the proposed independent audit, inquired about what is BEJARANO needed to have a stop sign installed, and the street problems on Channing and Big Dalton. Ron Capilosa, Covina, representing the East San Gabriel RON Valley Board of Realtors, offered the volunteer CAPILOSA assistance of this organization if the City has real estate problems, complimented the City on the BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL MAY 3, 1989 OF THE CITY OF BALDWIN PARK PAGE TWO improvements that have been made, and explained some of the options for the City in building for today's market. Eli Roca, 14637 California Street, spoke regarding Items ELI ROCA No. 5 & 6 of the Consent Calendar and in favor of the independent audit. Maria Campa, 3551 Maine Avenue, commented regarding the MARIA problems that she is encountering with a neighbor and CAMPA asked for police assistance. There being no other speakers, Mayor King declared Oral CLOSED Communications closed. 00- City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for May 3, 1989 2. Approve Proclamation Proclaiming Existence of a Local Emergency 3. Waive Further Reading and Adopt RESOLUTION NO. 89-32 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Approve Final Tract Map No. 46933 5. Waive Further Reading and Adopt RESOLUTION NO. 89-33 APPROVING THE ENGINEER'S REPORT" FOR CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN A MAINTENANCE DISTRICT WITHIN THE CITY OF BALDWIN PARK 6. Waive Further Reading and Adopt RESOLUTION NO. 89-34 DECLARING ITS INTENTION TO PROVIDE FOR ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN LANDSCAPING AND LIGHTING IN AN EXISTING MAINTENANCE DISTRICT, PURSUANT TO THE PROVISION OF DIVISION 15, PART 2, OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON 7. Approval to Apply for LACTC Incentive Fund Program 8. Deny Claims Against the City Salvador Acosta, Jorge Nuno, George Jobel, Frank Guzman, Jose Beltran, Sean Leslie, BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL MAY 3, 1989 OF THE CITY OF BALDWIN PARK PAGE THREE Antonio Ramirez, Gabriel Delgado and Adrain Alamarez Steve Parham Eustacio Tarin 9. Approve Telephone System Lease Agreement Municipal Leasing Associates, Inc. 10. Adopt the Community Development Block Grant Program Antidisplacement and Relocation Assistance Plan It was moved and seconded to approve the Consent CONSENT Calendar as presented. H/S/C: MCNEILL/IZELL. There CALENDAR were no objections. APPROVED 00- PUBLIC HEARINGS The Public Hearing Relating to 88-P-354, An appeal of PUBLIC costs assessed on property located at 14566 Jeremie HEARING Street Applicant: C. David Walker, Attorney in fact INTRODUCED for Pilar Smith)," was introduced. 88-P-89 Mayor King declared the Public Hearing open on 88-P-354 HEARING and continued the hearing to June 7, 1989, at the OPENED AND applicant's request. CONTINUED The Public Hearing relating to 89-V-2, Approving the PUBLIC order to Vacate a Street Easement Adjacent to 14071 HEARING Rexwood," was introduced. INTRODUCED 89-V-2 Director of Community Services Smith explained that the proposed future street was deleted from the General Plan in 1984. The owner of the property is requesting that the City initiate vacation proceedings. This vacation is in conformance with the General Plan. Mayor King declared the Public Hearing open on 89-V-2 PUBLIC and invited those wishing to speak on this subject to HEARING come forward. OPEN There were none. NONE Mayor King declared the Public Hearing closed. CLOSED It was moved and seconded to adopt Resolution No. 89- RESOLUTION 36, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 89-36 BALDWIN PARK ORDERING THE VACATION OF A FUTURE STREET ADOPTED EASEMENT LOCATED NORTHEASTERLY OF REXWOOD STREET BETWEEN VINELAND AVENUE AND FEATHER AVENUE 89-V-2)." M/S/C: IZELL/GIBSON. There were no objections. The Public Hearing on AZC-123, A request to amend PUBLIC Chapter 17.23 of the Baldwin Park Municipal Code to HEARING include self-storage facilities as uses permitted in the AZC-123 01, Office Industrial zone pursuant to Section 17.23.020 INTRODUCED of the City Code. Applicant: Space Saver Inc. and Sam Gordon)," was introduced. City Planner Rangel explained that the applicant is requesting to place self-storage facilities in an Ol zone. He defined the Ol zone as established in 1986 BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL MAY 3, 1989 OF THE CITY OF BALDWIN PARK PAGE FOUR with the adoption of the Sierra Vista Redevelopment Project and explained the objectives and policies of the Sierra Vista Redevelopment Plan and the General Plan. Allowing a self-storage facility would not meet the objectives of expanding sales tax revenue or the objective of providing for a resident labor force. The Planning Commission has recommended denial by a 7-0 vote and Staff is also recommending denial. Mayor King declared the Public Hearing open on AZC-123 PUBLIC and invited those wishing to speak on this subject to HEARING come forward. OPEN Gary Smith, 12973 Garvey Avenue, described the self- GARY SMITH storage facilities that he owns in the City and the improvements that he has made to the facilities. He operates this business as a legal non-conforming use and must abandon this use by 1997. He requested that the Council consider recognizing the self-storage use with a Conditional Use Permit on an individual basis. He felt that the Ol zone is suitable for self-storage and that self-storage does provide a service and should be recognized. There being no other speakers, Mayor King declared Oral CLOSED Communications closed. Councilwoman McNeill stated that since the principal DISCUSSION plan of the Ol zone is to generate retail sales tax and for numerous job possibilities and it does not seem that those things can be recouped from a self-storage facility, she recommended denial. It was moved and seconded to adopt Resolution No. 89- RESOLUTION 35, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 89-35 BALDWIN PARK TO DENY A REQUEST TO AMEND THE ZONING CODE ADOPTED TO ALLOW SELF-STORAGE IN THE Ol ZONE." M/S/C: MCNEILL/ GIBSON. There were no objections. City Manager Webb explained that the purpose of 15TH YEAR obtaining Community Development Block Grant Funds COEG) CDBG is to implement projects that will accomplish the goals PROGRAM set forth by the Housing and Community Development Act of 1974 as amended. The minutes of the Community- Neighborhood meetings were presented to the City Council on April 5, 1969 for review. Continued funding is recommended for programs that have been in effect in the City such as: the facade rehabilitation program, the commercial/industrial low interest loan program, the expansion of the Senior Citizens' Center, the low interest residential loan program, the contract for Fair Housing, and to provide for the repayment of a section of the Section 108 loan guarantee. Two new programs will provide for Morgan Park Improvements, one for the continued acquisition of property for the expansion of the park and the other under the Morgan Park Master Plan. Funds have been previously set aside for the Neighborhood Housing Services and additional funding is being set aside at this time. Staff recommends approval of the Proposed Statement of Community Development Objectives and Use of Funds for the 15th Year Community Development Block Grant Program with or without modification(s). Mayor King declared the Public Hearing on the 15th Year PUBLIC CDBG Entitlement Program open and invited those wishing HEARING to speak on this subject to come forward. OPEN BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL MAY 3, 1989 OF THE CITY OF BALDWIN PARK PAGE FIVE Margaret Hobart and Cristina Viajo, YWCA-WINGS Shelter MARGARET for Women and Children, gave an overview of the program HOBART that is administered in St. John's Catholic Church for AND the WINGS program and explained the many services that CRISTINA are provided to women in need. She also explained the VIAJO type of situations that come before them, the assistance that is provided by and for the police department and the many ways they are required to assist people. She requested that the Council allocate $16,650 for the WINGS program. In response to Mayor King's inquiry, Ms. Hobart responded that this amount of funding would balance their budget and provide a $9,000 operating budget. Sister Joan Kelty, Director of Social Services, St. SISTER John's Catholic Church, stated that she was here to JOAN confirm what has been said about the WINGS program and KELTY that she would appreciate an allocation being made from the $1,300,000 for social services in Baldwin Park since a provision for social services has not been made in the listing of budgeted items. Theirs is one of the few agencies that offers this service and all the help that is available is needed. She requested that the Council consider this request for funding seriously, because it is really needed in Baldwin Park. There being no other speakers, Mayor King declared the CLOSED Public Hearing closed. Councilwoman McNeill suggested that since there is a MOTION TO Rehabilitation and Preservation Activities group page 4 TRANSFER of the Objectives) that she would like to take the $18,650 TO $100,000 projected for the Neighborhood Housing Services WINGS-YWCA NHS) and moved that $18,650 be transferred to WINGS- YWCA, Baldwin Park Outreach Group, and give the balance to the Rehabilitation and Activities which repairs homes for the low and moderate income people. Council discussed the transfer of funds, the possibility DISCUSSION of the City Manager determining where the transfer of funds should be taken from, and clarified exactly what the seed funding of $50,000 for the NHS program was for last year and this year. They also commented on the demand for low and moderate income housing loans and how this has helped people. Councilwoman Lowes seconded the motion to transfer MOTION $16,650 to the WINGS program. She added that she agrees SECONDED that the NHS Program is not feasible at this time and stated that the CDBG Advisory Committee desired to put the Project 88 funds that have been set aside for p- Neighborhood Improvement, plus $100,000 into the Revolving Loan Program. Councilwoman McNeill clarified that she wanted the money CLARIFI- to go, To prevent deterioration and blight, and CATION OF remove health hazardous conditions, the City proposes to MOTION carry-over one program, continue one existing program and allocate funds to a Revolving Loan Program in the area of rehabilitation preservation activities," Objective No. 4, page 4). Councilwoman Lowes explained the backlog of applicants DISCUSSION for the NHS program and stated that she was seconding the motion with the addition that the Project 88 Neighborhood Improvement Funds of $184,000 also be transferred into the low interest loan program. Coun- cilwoman McNeill questioned what the addition was. BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL MAY 3, 1989 OF THE CITY OF BALDWIN PARK PAGE SIX Councilwoman Lowes explained the Project 88 funds she was recommending. Council discussed these funds with City Manager Webb who explained the funds from the low interest loan program that he thought Councilwoman Lowes might be referring to. He explained that these are Block Grant funds and are allocated through the Federal Government and told how these loans become available. Pr 3 Mayor King stated that City Manager Webb can determine if there are any existing funds, such as are being referred to, and if so, the Council can decide if they wish to transfer them. Mayor King stated that it had been moved and seconded to MOTION not enact the Neighborhood Housing Services, with NOT ENACT respect to the $100,000, but to transfer those funds, NHS AND TO $81,350, to the Rehabilitation and Preservation TRANSFER Activities or the Revolving Loan Program, and $16,650 to FUNDS the WINGS, Baldwin Park Reachout Program. M/S/C: MCNEILL/LOWES. There were no objections. City Manager Webb, in response to Councilwoman Lowes question, stated that the $100,000 set aside for Community Improvement is the same funds that have been set aside to pay a portion of the cost of Code Enforcement. Councilwoman Lowes referred to Community Improvement COUNCIL working with Building to upgrade substandard housing and DIRECTION felt there was some confusion as to what Council desires FOR STAFF and expects from Community Improvement for the REQUESTED citizens. She requested that clear direction be given COMMUNITY to that Community Improvement respond to calls to IMPROVE- cleanup visible code violations in the City, to take MENT care of the backlog of complaints and not to expand into PROGRAM other areas. Mayor King quoted from page 4, paragraph one of the Community Development Objectives and stated that this would indicate that Community Improvement is getting into other areas. Mayor King declared a brief recess in the City Council RECESS meeting. Council was back in session following the recess. Roll IN SESSION Call remained the same. The Neighborhood Housing Services NHS) was discussed MOTION TO again and it was moved and seconded to have the $100,000 TRANSFER of NHS, minus the $18,650 given to the WINGS program, PROJECT 88 and the Project 88 funds of $184,000 for Neighborhood FUNDS Improvement transferred into the Revolving Loan Program, APPROVED as recommended by the CDBG Advisory Committee for Citizens to use to fixup their homes. M/S/C: LOWES/MCNEILL. There were no objections. Discussion continued regarding the Community Improvement COMMUNITY Program with several of the Councilmembers commenting IMPROVE- that they would like to see the Code Enforcement MENT Officers stick to the cleanup program and not be PROGRAM involved with the Building Department. They wanted buildings to be inspected by professional building inspectors and not have the Code Enforcement inspecting buildings. In response to Mayor King's request, Director of Community Services Smith explained that the description for Community Improvement is not a change or an expansion of the previous years activities or programs. He outlined the procedures that are used in responding to complaints and the that this causes Community BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL HAY 3, 1989 OF THE CITY OF BALDWIN PARK PAGE SEVEN Improvement to become involved with the Building Department on substandard housing conditions that are found. City Attorney Flandrick explained that if the purpose and nature of Code Enforcement's function is being considered, then this should be a subsequent Council item. After clarification from Council as to their intent, City Attorney Flandrick stated the deletions and additions to the language on page four for the Council to act upon. It was moved and seconded to delete in its entirety the NOTION TO first full sentence on page four and to amend the second DELETE sentence starting with the words although it" to read, DUTIES OF This will be a city-wide program which will concentrate COMMUNITY on areas identified as low income, to remove blighted IMPROVE- conditions and upgrade the quality of living in these KENT areas." N/S: LOWES/IZELL. OFFICERS ROLL CALL ROLL CALL VOTE AYES: LOWES, IZELL, MCNEILL AND MAYOR KING NOES: GIBSON ABSENT: NONE APPROVED City Attorney Flandrick stated that through this action ACTION Council has indicated that they wish this program to be EXPLAINED implemented through the Building Department and the Housing Staff and not as part of the Community Improvement Program. It was moved and seconded to approve the Proposed 15th YEAR Statement of Community Development Objectives and Use of CDBG Funds for the 15th Year Community Development Block APPROVED Grant Program with modifications. N/S/C: LOWES/IZELL. There were no objections. 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES Director of Community Services Smith explained the FRAZIER events surrounding the request from citizens on Frazier STREET Street to ask for traffic lights or stop signs and a TRAFFIC change in the speed limit. He further explained the CONDITIONS extensive review of traffic conditions that was made and outlined the conclusions that were reached as a result of the review. Staff is recommending that the Council receive and file the May 3, 1989 Staff Report on the traffic conditions on Frazier Street. Council discussed the continued enforcement in the area DISCUSSION as a control for speeding cars with Chief Hoskin and the effect and/or the ineffectiveness of stop signs on streets. They expressed their doubt over the average speed being only 36 mph and stated their lack of confidence in the Traffic Engineer's Report. The cost of stop signs was also discussed. Cristina Servin, 3280 Frazier Street, related the CRISTINA circumstances of the accident and explained how badly a SERVIN stop sign is needed at Frazier and Waco Streets. She BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL MAY 3, 1989 OF THE CITY OF BALDWIN PARK PAGE EIGHT stated that the 36 mph average speed is not true and felt that a four way stop would help. Mayor King suggested that the area be monitored and ITEM TO enforcement be stepped up in the area as Chief Hoskin BE had described and that this item be brought back to the BROUGHT Council at a later date. Council concurred. BACK Director of Community Services Smith explained that a PAVEMENT Pavement Management program is essential to assure that MANAGEMENT the City receives the greatest value for its street PROGRAM rehabilitation dollars. A consultant-agreement was approved for services relating to a field and records review of our street system and maintenance program. BSI Consultants, Inc. is recommended as consultants for this project. Gas Tax monies will be used to fund this project. Council discussed the monies that was used for other DISCUSSION consultants for pavement management, the amount of dollars available to the City through Gas Tax monies, the processes that are used in the twenty-four hour counts that are done on the streets, and the need for the City to do traffic updates for environmental reasons. Council expressed their concern for the money that has been spent that did not include any street paving and also their concern about the very bad condition of so many streets in the City. They inquired about the processes that are used in pressure testing and about the length of time that these tests would be good. It was moved and seconded to not authorize the execution CONTRACT of an agreement with BSI Consultants, Inc. for BSI INC. engineering services for the Pavement Management NOT Program. M/S/C: LOWES/IZELL. There were no APPROVED objections. It was moved and seconded that the City Council adopt WESTPARK the name of Westpark Transit as the new name for the TRANSIT Baldwin Park/West Covina Transit Authority. M/S/C: NAME IZELL/GIBSON. There were no objections. APPROVED 00- COUNCIL INITIATIVES Councilman Izell requested that the following items be placed as an agenda item: 1. Street Cleaning Construction Sites 2. Control of Truck Parking 3. Left Turn Lane Ramona and Pacific 4. Council Parking Area 5. Storage Bins on Athol Street 6. Foster Street Shubbery Overgrowth and Sidewalk Cleaning 7. Policy Relating to Housing Problems He also requested that a letter be prepared commending Sgt. Gilmore and he would like to sign it. Councilwoman McNeill stated that it was first thought INDEPEN- that the City needed an independent audit, because the DENT audit firm for the City had been with the City for so AUDIT long. But after inquiries were made it was found that BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL MAY 3, 1989 OF THE CITY OF BALDWIN PARK PAGE NINE an independent audit had been done this year by a new firm and another independent audit is not necessary. She did request that the City Council have a step-by-step budget review and more study sessions. Mayor King stated that he has changes that he wants to AUTHORITY make, but the City Attorney stated to him that there is TO APPOINT a format for doing things and that format is to direct AND Staff to meet and consult for the purpose of making all DISMISS Department Heads subject to the City Council's power of DEPARTMENT appointment and dismissal. The Department heads need to HEADS meet within the next two weeks, between now and the next Council meeting and confer on this subject. Then this Council will take whatever action it deems necessary at that time. City Attorney Flandrick stated that the motion, as he MOTION understand the desire, is to direct the Staff to engage STATED BY in the Meet and Consult process for the purpose of CITY considering a change in the existing regulations which ATTORNEY would result in the appointment power being vested in the City Council, appointment and dismissal power in the City Council, for all Department Heads, with the City Manager's role being that simply of recommendations. Mayor King stated that was his motion and MOTION Councilwoman Lowes seconded the motion. SECONDED Councilman Gibson stated that he objected to the motion DISCUSSION because the basic principal of the Manager/Council relationship is being called into question and that it is more than a change to the City's regulations. He considered it a challenge to the entire system. He explained his viewpoint of the Council as policy makers and the City Manager as a manager of those policies. He referred to the system that is used by the City of Los Angeles. He felt that the City Manager should have the say as to whom he chooses to work. Mayor King stated that he had a difference of opinion on this issue and also commented on the staff report as presented by the City Manager relating to the City Manager's appointment and dismissal authority. He explained his position on this issue and felt that the Council, as elected people, subject to the citizens of this town, that the Council should make the decision on the appointment/dismissal of Department Heads. He felt that the councilmembers are managers, since they manage the affairs of the City, and there will be no rampant misuse of this authority by the City Council and the City Manager will have an intrical role in the selection process. He stated that the Council has not interferred in the three-fifths vote they must give to approve a Department Head's appointment in the past. Councilman Izell stated that according to the report the City Manager can not hire anyone without the Council's approval anyway. This could be put back and discussed again and the majority rules. It had been moved and seconded to direct the Staff to MOTION TO engage in the Meet and Consult process for the purpose MEET AND of considering a change in the existing regulations CONSULT which would result in the appointment power being vested RELATING in the City Council, appointment and dismissal power in TO APPOINT the City Council, for all Department Heads, with the MENT AND City Manager's role being that simply of DISMISSAL recommendations. M/S: KING/LOWES. DEPT HEADS Councilman Gibson stated that he would like clarifica- COUNCILMAN tion from the City Attorney. He asked if by having INQUIRY Staff go back and meet and consult, are we binding ourselves to anything? What are we asking for? BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL MAY 3, 1989 OF THE CITY OF BALDWIN PARK PAGE TEN City Attorney Flandrick stated that this is a proposed CITY change in terms and conditions of employment and ATTORNEY therefore it is required that there be a meet and confer RESPONSE or meet and consult process with recognized employee organizations before any final action is taken by the City Council. If the motion carries tonight, the manager will undertake to commence that process, complete it and report back to you as to what that consultation process demonstrates. In other words what other employee organizations have to say about this proposal. And to bear in mind it is still just a proposal. At that time in two weeks or four weeks whenever it comes back to you it will come back in the form of that report and then you will make a determination, by changing the ordinance, if that's your desire, to insure that all Department Head appointment and dismissal process rests in the hands of the City Council, as such. The role of the City Manager would simply be to recommend with respect to that process. Mayor King directed that this item be returned in two weeks. It had been moved and seconded to direct the Staff to MOTION TO engage in the Meet and Consult process for the purpose MEET AND of considering a change in the existing regulations CONSULT which would result in the appointment power being vested RELATING in the City Council, appointment and dismissal power in TO APPOINT the City Council, for all Department Heads, with the KENT AND City Manager's role being that simply of DISMISSAL recommendations. M/S: KING/LOWES. DEPT HEADS ROLL CALL: ROLL CALL VOTE AYES: MAYOR KING, LOWES, IZELL AND MCNEILL NOES: GIBSON MEET AND CONSULT ABSENT: NONE APPROVED Mayor King requested that there be a Closed session for AGENDA executive personnel at the next Council meeting. ITEM REQUESTED 00- Mayor King recessed the City Council meeting at 10:10 RECESS p.m. The regular meeting of the City Council was back in IN SESSION session at 10:41 p.m. Roll Call remained the same. The meeting was adjourned for a Closed Session at 10:41 CLOSED p.m. SESSION The regular meeting of the City Council was back in IN SESSION session at 10:52 p.m. Roll Call remained the same. City Attorney Flandrick stated that in Closed Session meet and confer instructions were given and no further action is required. 00- BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1989 05 03 CC MINòw @˜ub CC MIN MAY 3 1989[à›[H 8 REGULAR MEETING OF THE CITY COUNCIL MAY 3, 1989 OF THE CITY OF BALDWIN PARK PAGE ELEVEN The regular meeting of the City Council was adjourned at MEETING 10:54 p.m. M/S/C: LOWES/IZELL. There were no ADJOURNED objections. 10:54 P.M. BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1989-U02 LG1-U03 LI1-U03 FO3794-U03 FO3837-U03 FO3852-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1989-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8598-U03 DO3853-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05