HomeMy WebLinkAbout1992 11 04 CC MIN1992 11 04 CC MINòw @˜ x f CC MIN NOV 4 1992[Þ›[H98 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
NOVEMBER 4, 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
MARTINEZ, MCNEILL AND MAYOR VARGAS
ALSO PRESENT: City Manager Penman,
City Attorney Bower,
Acting Dir. of Administrative
Services Harvey,
Police Chief Lanza,
Dir. of Human Services Nunez,
Director of Public Works Mousavi,
City Treasurer Montenegro,
Deputy City Clerk Branek and
City Clerk Gair
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Mayor Vargas read a proclamation declaring November 19, PROCLAMA-
1992 as The Great American Smokeout Day" and presented TION
it to Cecilia Martinez, a representative of the American
Cancer Society.
Mayor Vargas read a proclamation declaring the second
week of November as Youth Appreciation Week" and
presented it to Chuck Hanawalt, a representative of
Citrus Valley Optimist Club.
Mayor Vargas read a proclamation declaring the remaining
holiday months of 1992 and all of 1993 as Buckle Up For
Life Challenge" and presented it to Police Lt. John
Young.
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ORAL COMMUNICATIONS
Mayor Vargas declared oral Communications open and ORAL COHMU
invited those wishing to speak on any subject to come NICATIONS
forward. OPEN
Margaret Clark, 3109 Prospect, Rosemead, introduced CLARK
herself to Council and stated that she was a candidate
for the San Gabriel Basin Quality Water Authority. She
stated her qualifications and endorsements and asked for
Council support.
Humberto Montenegro, 4519 Park, stated that November 7th MONTENEGRO
the VFW, 4117 Alderson, would conduct a Flag Retirement
Ceremony and invited all to attend.
F
Rosales Alvarez, 14226 Los Angeles St., stated that she A
had been requested to remove an A frame sign from the
front of her business, located at 4246 Maine Street, and
requested Council to consider allowing that type of
signage.
Jorge Avila, 12769 Torch, and Robert Simmons, 12762 AVILA
Torch, spoke about the problems with Eggleston's Boys SIMMONS
Home.
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1992 11 04 CC MINòw @˜ x f CC MIN NOV 4 1992[Þ›[H98REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4? 1992
OF THE CITY OF BALDWIN PARK PAGE TWO
Mayor Vargas requested staff to notify Childrens DIRECTIVE
Services about the complaints against Eggelston's Boys
Home. Council concurred.
Richard Carlson, ASB Sierra Vista, gave a report on 1) CARLSON
the Christmas Tree sales; 2) the Itsy Bitsy Olympics; 3)
the Veteran's Ceremony; 4) Red Ribbon week; 5) the Band
Tournament on November 7th at 3:00 p.m.; 6) October 30th
Sierra Vista won their football game against Azusa; and
7) thanked Mayor Vargas for speaking at the school.
There being no other speakers, Mayor Vargas declared CLOSED
Oral Communication closed.
CONSENT CALENDAR CONSENT
CALENDAR
City Clerk Gair presented Consent Calendar A:
1. Approval of Certificate of Posting for October
19, 1992, October 20, 1992 and November 4, 1992
2. Approve Minutes of October 19, 1992, October 20,
1992 and October 21, 1992
3. Waive Further Reading and Adopt
RESOLUTION NO. 92-100 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. a) Approve Hiring of Part-Time Inspector
Commuter Rail Station
b) Waive Further Reading and Adopt
RESOLUTION NO. 92-102 AMENDING THE BUDGET
FOR THE CITY OF
BALDWIN PARK FOR
FISCAL YEAR
COMMENCING JULY 1,
1992 AND ENDING JUNE
30, 1993 PART-TIME
INSPECTOR)
5. Waive Further Reading and Adopt
RESOLUTION NO. 92-103 SUPPORT REGIONAL TRAFFIC
SIGNAL SYNCHRONIZATION
PROGRAM
6. Waive Further Reading and Adopt
RESOLUTION NO. 92-104 ESTABLISHING A PROCESS
FOR STREET ADDRESS
NUMBER CHANGES
7. Approve Agreement SCRRA Crossing Guards at
Metroline Crossings
8. Approve Change Order City Hall Parking Lot
Slurry Seal
It was moved and seconded to approve Consent Calendar A CONSENT
as presented. M/S/C: GALLEGOS/MCNEILL. There were no CALENDAR A
objections. APPROVED
City Clerk Gair presented Consent Calendar B: CONSENT
CALENDAR B
1. Waive Further Reading and Adopt
RESOLUTION NO. 92-101 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
RELATING TO SOUTHERN
CALIFORNIA EDISON)
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1992 11 04 CC MINòw @˜ x f CC MIN NOV 4 1992[Þ›[H98 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 1992
OF THE CITY OF BALDWIN PARK PAGE THREE
It was moved and seconded to approve Consent Calendar B CONSENT
as presented. N/S/C: IZELL/GALLEGOS. Councilman CALENDAR B
Martinez abstained due to a possible conflict of APPROVED
interest.
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PUBLIC HEARING
Mayor Vargas introduced the Public Hearing related to PUBLIC
the Adjustments in certain fees and charges for HEARING
issuance, processing and filing of various City services FEES &
and permits" and stated the Public Hearing would be CHARGES
cancelled and renoticed for a later date.
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REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
City Manager Penman provided additional information MT. SAN
regarding a proposal from Mt. San Antonio College to ANTONIO
conduct a business survey. The Baldwin Park School COLLEGE
District indicated that the Private Industry Council COLLEGE
assisted the Adult School in a survey and this SURVEY
information is available to the City. Staff recommended
that the City not participate in the Mt. San Antonio
College business survey.
It was moved and seconded that the City not participate BUSINESS
in the Mt. San Antonio College business survey. N/S/C: SURVEY
IZELL/MCNEILL. There were no objection. DENIED
City Manager Penman stated that the Mayor had directed RFP FOR
staff to prepare a Request for Proposal RFP) for City CITY
Attorney services. The City currently uses the firm of ATTORNEY
Rutan & Tucker for general city, redevelopment and SERVICES
special litigation and other firms are used for general
liability and workers compensation. It was suggested
that a four person committee be formed to screen the
number of qualified firms to be interviewed. Staff
suggested a deadline of December 4th and listed the
firms to receive the RFP's in the staff report.
Councilwoman McNeill stated that she opposed any change DISCUSSION
at this time in the City Attorney, that there have been
no complaints about the service. He is experienced and
acquainted with the City and the Redevelopment problems
that face the City. Councilman Izell concurred.
It was moved and seconded to hold off on requests for MOTION TO
RFP's from other attorneys and stay with Rutan & Tucker. STAY WITH
M/S: MCNEILL/IZELL. RUTAN &
TUCKER
ROLL CALL VOTE: ROLL CALL
AYES MCNEILL, IZELL
NOES GALLEGOS, MARTINEZ, MAYOR VARGAS
MOTION
ABSTAIN: NONE FAILS
Mayor Vargas stated that the request for proposals from DISCUSSION
other attorneys does not necessarily mean a change from
Rutan & Tucker, but other firms may be able to provide a
better rate and no one wants to place the City in
jeopardy.
In response to Mayor Pro Tem Gallegos, City Manager
Penman stated that the list of attorneys that received
the RFP's was from a list that the City of Azusa used in
their RFP process plus some that had formerly worked
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1992 11 04 CC MINòw @˜ x f CC MIN NOV 4 1992[Þ›[H98 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 1992
OF THE CITY OF BALDWIN PARK PAGE FOUR
with the City Manager and that RFP's could be sent to
anyone that Council suggested.
After Council discussion it was determined that the SCREENING
screening committee would consist of Councilmembers COMMITTEE
McNeill and Martinez, the City Manager and the City
Clerk.
It was moved and seconded to go forward with the RFP'S
Requests for Proposals for the City Attorney. M/S/C: APPROVED
MARTINEZ/VARGAS. There were no objections.
Assistant to the City Manager Volmert requested approval PUENTE
of a resolution pertaining to the proposed Puente Hills HILLS
Waste Management Facilities to be operated by the WASTE
Sanitation Districts of Los Angeles County. She MANAGEMENT
outlined the main purposes of the project and stated FACILITIES
that the project has two main components, the expansion
of the landfill and the development of a materials
recovery facility. It was recommended that Council
adopt the resolution regarding the Puente Hills Waste
Management Facilities.
Mayor Pro Tem Gallegos stated that he could not see MAYOR PRO
supporting any kind of expansion to the Puente Hills TEM
Landfill because of the many environmental issues GALLEGOS
affecting the air, water and noise. He commented on the
need to recognize the negative impact on the surrounding
communities and the region as a whole, some wildlife
concerns in that area, the possible negative impacts
that can occur to wildlife such as potential loss of
habitat and some of the nesting sites. For those
reasons he stated that he could not support the
resolution for the landfill expansion.
Mayor Vargas stated that he had an opportunity to visit MAYOR
the landfill, there was nothing negative in the EIR, and VARGAS
that rates will be higher to the residents if the
expansion is not allowed.
It was moved and seconded to reject the Resolution in MOTION TO
support of the Puente Hills Waste Management Project. REJECT
M/S: GALLEGOS/MARTINEZ.
ROLL CALL: ROLL CALL
VOTE
AYES GALLEGOS, MARTINEZ, IZELL, MCNEILL
NOES MAYOR VARGAS
MOTION
ABSENT NONE APPROVED
City Manager Penman requested Council to consider LEASE
amending an existing Lease Agreement with SCCO for AGREEMENT
rental space in the City-owned Incubator Building SOUTHERN
Baldwin Park Commercial Development Center). He COLLEGE OF
explained the original Lease Agreement executed without OPTOMETRY
any tenant improvements in the building, the
improvements of $150,000 paid for by SCCO and the
adjusted rent to twenty cents per square foot. SCCO has
six potential sub-leasees, contingent upon the City's
approval, which would be an optometrist. Staff
requested Council direction.
City Attorney Bower stated that the twenty cents a CITY
square foot was not based on the profit or non-profit ATTORNEY
status of SCCO, but on tenant improvements that were
amortized over the lease. He explained the cap on the
rent of 75% of the Central Business District rent,
limited to that with no adjustments for rental
increases. This is not a gift of public funds when
based on tenant improvements.
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1992 11 04 CC MINòw @˜ x f CC MIN NOV 4 1992[Þ›[H98 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 1992
OF THE CITY OF BALDWIN PARK PAGE FIVE
He also stated that:
1. Subleasing more than one-third of the space would
take an amendment to the current lease.
2. During sublease SCCO would be liable for the lease
payments.
3. Council should also require sub-tenants to guarantee
payments.
4. Council could, as an alternative, require that any
excess rent be paid to the City instead of to the
sub-leasor, then the rent would be above the twenty
cents.
5. The lease can be terminated with SCCO and rent to
someone else, however, under the Management Plan
this must be a new or expanding business with
certain bank references, create jobs, and attract
minority business.
6. The Council can lease, on a short term basis, if the
building remains vacant over one month.
It was moved and seconded that the Optometry College be CANCELLA
allowed to cancel their contract completely subject to TION OF
Council approval, so that the City can enter LEASE
negotiations regarding termination of the lease, APPROVED
completely subject to the fact that the City would
immediately retain the tenant improvements. If that's
not agreeable, then take the position that the City will
allow a sub-lease but subject to individual approval of
the tenants. M/S/C: IZELL/MARTINEZ. There were no
objections.
City Manager Penman requested Council approval of a INTERIM
contract for the provision of interim services for an DIRECTOR
Administrative Services Director. Staff recommended OF ADMINIS
Henry Harvey who will work on a contract basis, have TRATIVE
supervisory responsibility for all the staff in SERVICES
Administrative Services and will work on a full time
basis.
It was moved and seconded to approve a contract for DIRECTOR
services with Henry Harvey as Interim Director of APPROVED
Administrative Services. M/S/C: GALLEGOS/MCNEILL.
There were no objections.
Councilman Martinez requested that the appointment of YOUTH
the Youth Advisory Committee be continued to November ADVISORY
18th so that applications may be more thoroughly COMMISSION
reviewed. CONTINUED
Mayor Vargas stated that the applications need to be
screened by a committee and recommendations brought back
to Council. Mayor Vargas and Mayor Pro Tem Gallegos
volunteered to screen the applications for the Youth
Advisory Committee. Council concurred.
Chief of Police Lanza requested Council approval of a POLICE
Police Motorcycle Program for the city. He stated that MOTORCYCLE
statistically police motorcycles are involved in fewer PROGRAM
traffic accidents than are patrol cars, provide better
manueverability in traffic congestion, it generates
fines and forfeitures and it is a boost to morale. The
cost for the first year was approximately $40,310 and
all the expenses are Asset Seizure eligible. Staff
recommended that Council: 1) approve a Motorcycle
Program for the police department; 2) approve a budget
amendment for $40,300; and 3) allow the police
department to solicit formal bids for necessary
equipment.
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1992 11 04 CC MINòw @˜ x f CC MIN NOV 4 1992[Þ›[H98 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 1992
OF THE CITY OF BALDWIN PARK PAGE SIX
It was moved and seconded to approve the Motorcycle RESOLUTION
Program, allow the police department to solicit formal NO. 92-106
bids and to adopt Resolution No. 92-106, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
THE BUDGET FOR THE CITY OF BALDWIN PARK FOR THE FISCAL
YEAR COMMENCING JULY 1, 1992 AND ENDING JUNE 30, 1993."
N/S/C: IZELL/MCNEILL. There were no objections.
Chief of Police Lanza requested Council approval Police POLICE
Department to increase its police fleet by two vehicles UNITS
one marked patrol unit, and one unmarked unit to be
used by the Special Enforcement Detail SED). The costs
for both vehicles is $53,000. Staff recommends: 1)
approval of a budget resolution and amendment
appropriating funds for the purchase of two police
vehicles; and 2) approve the purchase as authorized by
BPMC Section 3.08.180 Joint Purchasing Agreement).
In response to Councilman Izell, Chief Lanza stated that DISCUSSION
some agencies use pickup trucks and eventually the
Police Department would consider acquiring one.
It was moved and seconded to adopt Resolution No. 92- RESOLUTION
107, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 92-107
BALDWIN PARK AMENDING THE BUDGET FOR THE CITY OF BALDWIN ADOPTED
PARK FOR THE FISCAL YEAR COMMENCING JULY 1, 1992 AND
ENDING JUNE 30, 1993," and approve the purchase as
authorized by the BPMC Section 3.08.180, Joint
Purchasing Agreement. N/S/C: GALLEGOS/IZELL. There
were no objections.
Director of Public Works Mousavi requested that Council STREET
adopt a resolution which pertains to the establishment NAME
of a process for street name change. The applicant CHANGE
would be responsible for a fee to process a street name
change in the amount of $1,000, and upon approval,
responsible to pay the cost of the street name signs.
Staff recommended approval.
Council discussed the street name change being brought DISCUSSION
before the Planning Commission and the time delay that
this process would cause. They felt the applications
need to be presented to staff for review and then
brought to Council for a final decision.
It was moved and seconded to adopt Resolution No. 92- RESOLUTION
108, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 92-108
BALDWIN PARK ESTABLISHING A PROCESS FOR STREET NAME ADOPTED
CHANGES." M/S/C: GALLEGOS/MCNEILL. There were no
objections.
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COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Councilman Martinez: 1) Stated that the Halloween Party MARTINEZ
at the Community Center was successful; 2) The alley
south of Robin and Laurens needs repair; 3) Inquired
about the City Clerk's office handling illegal yard
sales; 4) Asked about the availability of quarterly
budget reports; and 5) Requested a report on the impact
to the budget for Officer Training to overfill the
police department in case officers leave; and 6) Color
coding the Agenda Packets.
City Manager Penman gave an overview of the letter from PENMAN
United Cable.
Councilman Izell commented on the dirt left on Kenmore IZELL
Street by a contractor.
Councilwoman McNeill invited everyone to the Boys & MCNEILL
Girls Club Auction at the Hilton Hotel on November 6th.
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1992 11 04 CC MINòw @˜ x f CC MIN NOV 4 1992[Þ›[H98 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 4, 1992
OF THE CITY OF BALDWIN PARK PAGE SEVEN
Mayor Vargas: 1) The corner of Bresee and Los Angeles VARGAS
Streets needs cleaning; 2) Contact other cities
graffiti eradication; 3) The plans for the Veteran's Day
Celebration; 4) The computer loan program to the
employees; 5) Prepare a letter to General Motors
regarding a van for the Boys & Girls Club; 6) An
Advisory Committee for the Business Advisory for budget
process; 7) Appointments to a committee for Baldwin Park
2000; and 8) A recognition program for homes and yards
that are aesthetically pleasing to the community.
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The regular meeting of the City Council was recessed at RECESSED
at 9:19 p.m. 9:19 P.M.
The regular meeting of the City Council reconvened at RECONVENED
9:20 p.m. Roll call remained the same. 9:20 P.M.
00-
The City Council was adjourned to a Closed Session at CLOSED
9:20 p.m. to consider pending litigation, Coastal SESSION
Roofing vs Redevelopment Agency, pursuant to Government
Code 54956.9(a); pending personnel items, pursuant to
Government Code 54957; significant exposure to
litigation, pursuant to Government Code 54956.9(bl).
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Mayor Vargas declared the regular meeting of the City MEETING
Council adjourned at 10:02 p.m. There were no ADJOURNED
objections. 10:02 P.M.
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