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Home My WebLink About1992 02 05 CC MIN1992 02 05 CC MINòw @˜x‡CC MIN FEB 5 1992[Þ›[H28 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVE, WEDNESDAY, FEBRUARY 5, 1992 AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chambers at 7:00 p.m. ROLL CALL: PRESENT: COUNCILMEMBERS GALLEGOS, IZELL, ROLL CALL MCNEILL AND MAYOR LOWES ALSO PRESENT: City Manager Penman, City Attorney Bower, Dir. of Administrative Services Schuld, Police Chief Lanza, Dir. of Human Services Lucas, City Treasurer Montenegro, Deputy City Clerk Branek and City Clerk Gair 00- The absence of Councilman Keyser was excused. ABSENCE EXCUSED 00- It was moved and seconded to place the clarification SUBSEQUENT letter to Siegel Diamond Architects pertaining to the NEED ITEM commuter rail station on the agenda as a Subsequent Need APPROVED L Item. H/S/C: IZELL/MCNEILL. There were no objections. FOR AGENDA 00- Chief of Police Lanza introduced Officer Gregory Keef OATH OF and told of his background and education. City Clerk OFFICE Gair administered the Oath of Office to the officer. Mayor Lowes introduced Coach Zane, the Coach of the Year PRESENTA- and presented the Baldwin Park High School Football Team TION a City Plaque for winning the CIF Championship. Mayor Lowes announced the retirement of Lee Lucas ANNOUNCE- Director of Human Services, effective February 14th. MENT 00- ORAL COMMUNICATIONS Mayor Lowes declared Oral Communications open and ORAL COMMU invited those wishing to speak on any subject to come NICATIONS forward. OPEN Chris Carlos, President of the Police Association, 14403 CARLOS Pacific Avenue, read a letter describing Councilman Keyser's recent arrest, booking and transporting to jail, his abusive remarks, jestures, accusations, and threats to the police department. The Association called for Councilman Keyser's resignation and that he be excluded from the decision making process in connection with any matter pertaining to the police department. Those speaking on behalf of the police department were: Fr. Jim Forsen, Pastor of St. John the Baptist Church FORSEN Deanne Maughan, 1747 Club Drive, Pomona MAUGHAN Ed Lopez, Vice President of the Police Association LOPEZ Elva Pacheco, 14723 Dutch St. PACHECO BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3706-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 02 05 CC MINòw @˜x‡CC MIN FEB 5 1992[Þ›[H28 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 1992 OF THE CITY OF BALDWIN PARK PAGE TWO Sylvia Kellason, with the Law Firm of Silver, KELLASON Goidwasser Shafer and Hadden, 1428 2nd St. Santa Monica, representing the Police Association Jessica Conners 424 Delancy, San Dimas, employee CONNERS of Landmark Restaurant Tom Steele, 14403 E. Pacific, Police Officer STEELE Roth Dryden, 3745 Holly DRYDEN Bill Van Cleave, 13232 Emery VAN CLEAVE Donald French, 14403 E. Pacific, Police Officer FRENCH Fernando Arredondo, 14133 Calais, ARREDONDO Leonard Maughan, 14403 E. Pacific, Police Officer MAUGHAN Justina Ramirez, 4924 Wimmer, stated that Councilman RAMIREZ Keyser canvassed the City against the utility tax and collected numerous signatures for the card club. She felt that the police department was guilty of harrassing and emotionally abusing Councilman Keyser and referred to a newspaper article that stated he was insensitive. Maureen Popick, P.O. Box 46, stated that she does not POPICK condone drunk driving, the courts will make the judgement as to the guilt of Councilman Keyser and that Councilman Keyser has two months left to serve on Council. She did not feel the police department deserved an apology. Lorin Lovejoy, 12749 Torch, stated that Councilman LOVEJOY Keyser has offered an apology and others that have made remarks are not asked to apologize. He felt that Councilman Keyser's stand to bring the card club to a vote by the people, was the reason for the actions taken by the police department. Jeanne Martens, 14847 Sierra Way, referred to a letter MARTENS written by a realtor that stated due to graffiti in every neighborhood, he would not locate in the City but would look in Duarte. GRAB and Baldwin Park Beautiful can not keep the graffiti under control without help. Dominic Tu, ASB President, Sierra Vista High School, TU invited everyone to the school on February 29th to hear Gus Frias speak and the Los Angeles Breakers, a dwarf basketball team, see play the Sierra Vista faculty along with Councilman Gallegos, Schoolboard Member Nunez. Dick Nichols of the Chamber will referee. Aileen Pinheiro, 13009 Amar Rd., requested help with the PINHEIRO property taxes that are due on the Museum. There being no other speakers, Mayor Lowes declared Oral CLOSED Communications closed. Council stated their appreciation for the police DISCUSSION department, and explained that the Brown Act prohibits them from taking formal action. Also, some of the requests made are not within the jurisdiction of the Council. 00- City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for February 5, 1992 2. Approve Minutes of January 15, 1992 BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3706-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 02 05 CC MINòw @˜x‡CC MIN FEB 5 1992[Þ›[H28 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 1992 OF THE CITY OF BALDWIN PARK PAGE THREE 3. Waive Further Reading and Adopt- RESOLUTION NO. 92-7 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading and Adopt RESOLUTION NO. 92-8 ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION 5. Approve Annual Agreement Bassett Little League Syhre Park 6. Approve Amendment to the Agreement Community Transit Services CTS) 7. Support AB 181 Tanner) Clean up of Super Fund B. Waive Further Reading and Adopt RESOLUTION NO. 92-9 VACATION OF RAMONA PARKWAY BETWEEN BALDWIN PARK BLVD. AND LA RICA SETTING PUBLIC HEARING 9. Approve Final Tract Map No. 50827 4135-4143 La Rica Avenue It was moved and seconded to approve the Consent CONSENT Calendar as presented. M/S/C: GALLEGOS/MCNEILL. There CALENDAR were no objections. APPROVED 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES City Engineer Brock requested Council approval of the STOP SIGNS installation of STOP" signs on Frazier Street at Foster ON FRAZIER Avenue. The Traffic Engineer analyzed the traffic STREET AT volume counts, pedestrian observations, and a review of FOSTER the accident history and compared it to the Caltrans AVENUE guidelines for the installation of STOP" signs at the intersection of Frazier Street and Foster Avenue. Staff recommends that Council order the installation of STOP" signs on Frazier Street at Foster Avenue as recommended in the Traffic Engineer's Report dated January 20, 1992. It was moved and seconded to order the installation of STOP SIGNS STOP" signs on Frazier Street at Foster Avenue as APPROVED recommended in the Traffic Engineer's Report dated January 20, 1992. MIS/c: MCNEILL/IZELL. There were no objections. Director of Administrative Services Schuld gave the COMPREHEN- Council an update on the fiscal year 1990-91 audit, and SIVE p- provided a brief introduction to the City's ANNUAL Comprehensive Annual Financial Report. The City's FINANCIAL Comprehensive Annual Financial Report CAFR) was REPORT prepared following the guidelines set forth by the CAFR) Government Finance Officers Association GFOA). GFOA FY 1990-91 awards a Certificate of Achievement for Excellence in Financial Reporting to governments whose annual financial report meets the established standards. The City has received this award every year. It was recommended that Council receive and file the Comprehensive Annual Financial Report for fiscal year 1990-91 and direct staff to submit the report to GFOA for consideration for the Certificate of Achievement Award. BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3706-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 02 05 CC MINòw @˜x‡CC MIN FEB 5 1992[Þ›[H28REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 1992 OF THE CITY OF BALDWIN PARK PAGE FOUR It was moved and seconded to receive and file the CAFR Comprehensive Annual Financial Report for fiscal year APPROVED 1990-91 and direct staff to submit the report to GFOA for consideration for the Certificate of Achievement Award. N/S/C: IZELL/GALLEGOS. There were no objections. Mayor Lowes requested a budget study session on February BUDGET 11th at 9:00 a.m. Council concurred. STUDY SESSION Director of Administrative Services Schuld summarized MID-YEAR the results of the mid-year revenue and expenditure BUDGET review and provided the Council with a status report REVIEW regarding the City's financial position in the General FY 1991-92 Fund half-way through the fiscal year. A brief overview of the estimated revenue from the utility tax, property tax, business license tax and street and curb permits, the shortfall from sales tax, cigarette tax, and motor vehicle in lieu was estimated. All departments have monitored their budgets, the police department shows an overage in their budget which is due to the hiring of ten new police officers. It was recommended that Council receive and file the Fiscal Year 1991-92 Mid- Year report. City Manager Penman stated that the Mid-Year Budget MID-YEAR Report for Fiscal Year 1991-92 would be continued to the BUDGET Council meeting scheduled for February 11th. CONTINUED City Manager Penman stated that Council had previously SUBSEQUENT approved a contract with Spiegel Diamond for NEED ITEM- architectural services for the commuter rail station. SPIEGEL The services they provide involves construction DIAMOND administration which involves overseeing the work of the ARCHITECTS contractor, reviewing change orders and providing clarification on bid specifications during the construction phase. Part of the contract was open ended with no fixed fee. Council placed a cap of $20,000 on that amount subject to bringing the item back to Council for additional appropriations. Council approved the contract with that one change. When the City sat down with the Spiegel Diamond to finalize the contract, they expressed concern over that provision. Their concern was if two-thirds of the way through the contract administration phase, the $20,000 cap is reached and the Council does not approve any additional funds. They are concerned that they might have a responsibility or liability for that period of time they are no longer under contract. They are not willing to sign the contract without some clarification of the Council's intent by placing the cap. Staff's understanding was that Council was concerned with the open ended agreement and therefore placed the cap with the idea that if and when that cap was reached, staff would come back to Council, explain why the cap was reached and then ask for additional appropriations and presumably Council would approve the additional monies. Depending upon Council's intent, Staff would like approval of the Staff recommendation so a clarifying letter can be prepared for Spiegel Diamond. It is Staff's recommendation that the Council clarify their intention for the architect to provide construction administration services throughout the construction period and the cap of $20,000 does not represent an estimate of total costs but rather a review point to insure costs are carefully monitored and supported and authorize the City Manager to communicate this intent to the architect. BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3706-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 02 05 CC MINòw @˜x‡CC MIN FEB 5 1992[Þ›[H28 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 1992 OF THE CITY OF BALDWIN PARK PAGE FIVE It was moved and seconded that Council clarify the SIEGEL intent regarding the architect's construction DIAMOND administrative services as stated in the staff report CLARIFYING and authorize the City Manager to communicate this LETTER intent to project architect. N/S/C: GALLEGOS/MCNEILL. APPROVED There were no objections. 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS In response to Mayor Lowes request for Morgan Park MORGAN lighting the two options Interim City Engineer Brock PARK explained was the existing pathway lighting system and LIGHTING the alternative to this system. Also, the existing basketball/tennis court lighting and the alternatives for that area. Staff recommended the second option for approval. Mayor Lowes recommended that the cost not exceed $3,000 DISCUSSION on the Morgan Park lighting since the costs may run more than the $2,200. She requested changing the incandescent lighting to high pressure type sodium lighting. Council concurred. It was moved and seconded to approve the outdoor OPTION #2 basketball/tennis court lighting for the Morgan Park APPROVED lighting and the amount not to exceed $3,000. N/S/C: MCNEILL/IZELL. There were no objections. In response to Councilman Izell's request to suggest INSPECTION alternatives for reducing turn around time on inspection REQUESTS requests, City Manager Penman stated that Council was asked to consider the following: 1) The City could hire a part time inspector as an independent contractor. 2) Budget for an additional building inspector/code enforcement officer. One half paid through CDBG funding and one half paid through the general fund. 3) A contract inspection through an establishing contracting firm. It was moved and seconded to table the inspection INSPECTION requests until after the Mid-Year Budget review and make REQUESTS a decision at the next Council meeting. N/S/C: TABLED GALLEGOS/MCNEILL. There were no objections. City Planner Onaga provided the Council with an update 88 PLAZA on the business known as Discount Mart at 88 Plaza", INDOOR 14151 Ramona Blvd. The business occupies a 17,350 SWAP MEET square foot unit within the 88 Plaza Shopping Center which became an issue when it was reported to staff that an indoor swap meet was being conducted at the site. To legalize the operation, the store owner submitted a letter stating that he had purchased all of the merchandise from his vendors and was the sole owner of a single business entity, the vendors were now employees and the business was technically considered a department store. The Planning staff started to work on a proposal to amend what it considers a weakness in the Code as it applies to indoor swap meets. The 88 Plaza application requests that indoor swap meets be permitted in the C-2 zone with a conditional use permit. Staff is currently preparing a report and recommendation for the Planning Commission on the 88 Plaza Code amendment application. A public hearing on the matter will be held by the Planning Commission on February 26th. Shortly thereafter, the request will be heard by the City Council. Councilman Izell requested that staff bring a report to HISTORICAL the next Council meeting regarding the Historical SOCIETY Society property taxes. BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3706-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1992 02 05 CC MINòw @˜x‡CC MIN FEB 5 1992[Þ›[H28REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 5, 1992 OF THE CITY OF BALDWIN PARK PAGE SIX City Manager Penman stated that the Historical Society DISCUSSION qualifies for tax exemption and the County is forwarding the forms to the City. Councilman Izell stated that the street sweeper has been STREET sweeping Hornbrook on Tuesday afternoon and the posted SWEEPING sign states Wednesday morning. Mayor Lowes requested Chief Lanza to zero in on the GRAFFITI graffiti offenders and make this a top priority for the OFFENDERS police department. 00- The regular meeting of the City Council was recessed at RECESSED 8:50 p.m. 8:50 P.M. The regular meeting of the City Council reconvened at RECONVENED 8:55 p.m. Roll call remained the same. 8:55 P.M. 00- CLOSED SESSION The City Council was adjourned to a joint closed session CLOSED with the Redevelopment Agency at 6:55 p.m. pursuant to SESSION Government Code 54956.9(b)(l) significant exposure to litigation; pursuant to Government Code 54956.8 to meet with the negotiator to give him instructions regarding the purchase sale transfer of lease of property with Diamond Development Company regarding the property in the Camelback Area; pursuant to Government Code 54956.8 to give instructions to the City's negotiator regarding negotiations with Casta Land and Real Estate concerning the purchase sale exchange lease of the property located on Merced adjacent to flood control channel and also regarding the parcel across the street from that particular parcel; pursuant to Government Code 54956.9(a) litigation which has been initiated formally, the City of Baldwin Park vs Jose Dominguez; and a personnel matter. 00- Mayor Lowes declared the regular meeting of the City MEETING Council adjourned at 10:02 p.m. to an adjourned regular ADJOURNED meeting of the City Council on Tuesday, February 11th at 10:02 P.M. 9:00 a.m. There were no objections. BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 5-U02 1992-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 FO3706-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37257-U01 1992-U02 02-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3702-U03 DO3707-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05