HomeMy WebLinkAbout1993 05 19 CC MIN1993 05 19 CC MINòw @˜ „ o CC MIN MAY 19 1993à›[H´8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
MAY 19, 1993 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,
Dir. of Administrative
Services Yeats,
Police Chief Lanza,
Dir. of Human Services Nunez,
Dir. of Public Works Mousavi,
City Treasurer Montenegro,
Deputy City Clerk Branek, and
City Clerk Gair
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Police Chief Lanza introduced Police Officers Charles OATH OF
Blair and Bruce Rogers and told of their background and OFFICE
education. City Clerk Gair administered the Oath of
Office to Officers Blair and Rogers.
Mayor Vargas read the proclamation declaring May 20, PRESENTA-
1993 as Foothill Transit Day" and presented it to TIONS
Marketing Team Director Tina Raymond.
F Mayor Vargas read the proclamation declaring May, 1993
as Neighborhood Watch Month" and presented it to
Officer Gregory Keef.
Genoveva Arellanos, Project Manager, Cordova Corp.,
stated the San Gabriel Valley Association of Cities in
conjunction with the Southern California Association of
Governments are working together to conduct a number of
regional planning efforts with local jurisdictions that
will address various community needs.
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ORAL COMMUNICATION
Mayor Vargas declared Oral Communications open and ORAL COMMU
invited those wishing to speak on any subject to come UNICATION
forward. OPEN
Sandi Lucas, 4442 Bresee, commented on trucks parked on LUCAS
Bresee and Stewart Streets, the damage done by the
trucks to the newly paved streets, and the selective
enforcement that is done by the police. She inquired
about the City's liability for street vendors that sell
food items.
Carol Park, 4454 Benham, requested a sign Children at PARK
Play" be installed on her street. She told of the
danger to the children that play on the cul-de-sac and
she presented a signed petition from the residents.
Pam Schnabel, 14217 Los Angeles, commented on an SCHNABEL
incident that occurred at the Landmark and requested
that since the majority of Councilmembers work, that
someone be appointed to visit the senior center during
the day.
Emma Mooneyham, 3116 Mangum, referred to an article in MOONEYHAM
the NOW concerning 17 homeless people. She stated that
the Police Department was doing a good job.
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1993 05 19 CC MINòw @˜ „ o CC MIN MAY 19 1993à›[H´8 REGULAR MEETING OF THE CITY COUNCIL MAY 19, 1993
OF THE CITY OF BALDWIN PARK PAGE TWO
There being no other speakers, Mayor Vargas declared CLOSED
Oral Communication closed.
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CONSENT CALENDAR
City Clerk Gait presented Consent Calendar A: CONSENT
CALENDAR
1. Approval of Certificate of Posting for
May 19, 1993
2. Waive Further Reading and Adopt
RESOLUTION NO. 93-50A ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
3. Receive and File Treasurer's Report
April 30, 1993
4. Waive Further Reading and Adopt
ORDINANCE NO. 1066 AMENDING CHAPTER 8.20
Second Reading) OF THE BALDWIN PARK
MUNICIPAL CODE
REGARDING THE SALE OF
SAFE AND SANE
FIREWORKS WITHIN THE
CITY
5. Approve Memorandum of Understanding
Police Association
6. Waive Further Reading and Adopt
RESOLUTION NO. 93-54 AUTHORIZING THE SUBMITTAL
OF AN APPLICATION FOR THE
PURPOSE OF OBTAINING 19TH
YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT
FUNDS CDBG)
7. Approve Award of Bid Los Angeles Street
Reconstruction Project CIP 286
A.L. Chavez Enterprise
8. Approve Agreement for Police Background
Investigations Okel Investigations
9. Final Approval Tract Map No. 50426
12 Unit Residential Condominiums
1706 Big Dalton Avenue
It was moved and seconded to approve Consent Calender A CONSENT
as presented. M/S/C: MCNEILL/GALLEGOS. There were no CALENDAR A
objections. APPROVED
City Clerk Gait presented Consent Calendar B: CONSENT
CALENDAR B
1. Waive Further Reading and Adopt
RESOLUTION NO. 93-51 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
2. Waive Further Reading and Adopt
RESOLUTION NO. 93-52 APPROVE ENGINEER'S REPORT
FOR CERTAIN STREETS
LIGHTING IMPROVEMENTS &
MAINTENANCE
3. Waive Further Reading and Adopt
RESOLUTION NO. 93-53 DECLARING ITS INTENTION
TO ORDER THE ANNUAL
ASSESSMENT LEVY & COLLECT
ASSESSMENTS FOR CERTAIN
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1993 05 19 CC MINòw @˜ „ o CC MIN MAY 19 1993à›[H´8REGULAR MEETING OF THE CITY COUNCIL MAY 19, 1993
OF THE CITY OF BALDWIN PARK PAGE THREE
IMPROVEMENTS & SET PUBLIC
HEARING FOR JUNE 2, 1993
It was moved and seconded to approve Consent Calendar B CONSENT
as presented. N/S/C: GALLEGOS/IZELL. 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 pertaining to PUBLIC
the approval of the Fourth Amendment to the Disposition HEARING
and Development Agreement DDA) with Stanley Gribble et. INTRODUCED
al., regarding the Hilton Hotel project in the Puente-
Merced Redevelopment Area.
City Manager Penman stated that the DDA rectifies the FOURTH
illegal provisions,limits the financial commitment for AMENDMENT
the hotel, and settles all outstanding claims and TO THE DDA
litigation. It also removes the Agency front any HOTEL
ownership interest in the hotel and ends the ongoing PROJECT
exposure. The City/Agency pledged the property tax, PUENTE-
sales tax and transient occupancy tax from the Puente- MERCED
Merced Redevelopment Project Area. It was recommended
that the Public Hearing be opened and input taken and
then continue the hearing to June 2nd.
Mayor Vargas declared the Public Hearing open and PUBLIC
invited those wishing to speak to come forward. There HEARING
were none. OPENED
Mayor Vargas declared the Public Hearing continued to CONTINUED
the regular meeting of the City Council on June 2nd. JUNE 2ND
There were no objections.
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REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Assistant to the City Manager volmert provided SB 1049
information regarding SB 1049 Torres/Calderon) CESAR
proposing an official state holiday in honor of Cesar CHAVEZ
Chavez. The designation of March 31st as a state HOLIDAY
holiday would not have an impact on the City. Council
could honor the day through proclamations, activities or
closure of facilities. It was recommended that Council
determine whether or not to take a position on SB 1049
relating to a state holiday for Cesar Chavez and direct
staff to take the appropriate action.
Mayor pro tem Gallegos requested a letter of support be DIRECTION
sent to Senators Torres and Calderon and bring the Cesar
Chavez holiday back to the Council later. Council
concurred.
Assistant to the City Manager volmert recommended that LEAGUE OF
Council approve financial participation in the League of CALIFORNIA
California Cities Public Communications Program CITIES
regarding the proposed state budget. The League has PUBLIC CON
engaged in a lobbying effort aimed at combating the MUCATIONS
negative implications of the proposed state budget on PROGRAM
local governments. Staff recommended approval.
It was moved and seconded to contribute $1,000 to the PUBLIC
League of California Cities for their Public COMMUNICA
Communications Program relative to the proposed state TIONS
budget. N/S/C: GALLEGOS/MARTINEZ. There were no PROGRAM
objections. APPROVED
City Manager Penman stated that the ordinance to ensure TRANSIENT
that persons subject to paying the transient occupancy OCCUPANCY
tax to the Redevelopment Agency do not have to also pay TAX
the tax to the City. It was recommended that Council
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1993 05 19 CC MINòw @˜ „ o CC MIN MAY 19 1993à›[H´8 REGULAR MEETING OF THE CITY COUNCIL MAY 19, 1993
OF THE CITY OF BALDWIN PARK PAGE FOUR
introduce the ordinance for first reading.
It was moved and seconded that Ordinance No. 1067, AN ORDINANCE
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO. 1067
PARK AMENDING CHAPTER 3.28 OF THE MUNICIPAL CODE TO INTRODUCED
PROVIDE A CREDIT AGAINST TRANSIENT OCCUPANCY TAXES DUE
THE CITY FOR TRANSIENT OCCUPANCY TAXES PAID TO THE
BALDWIN PARK REDEVELOPMENT AGENCY," be introduced for
first reading, the ordinance be read in title only, and
all further reading be waived. M/S/C IZELL/MCNEILL.
There were no objections.
Chief of Police Lanza requested Council approval of an INTERIM
interim Sergeant's position. Sergeant Emon has been SERGEANT'S
assigned light-duty and his medical retirement appears POSITION
imminent. There is a need to maintain appropriate
levels of supervision. A promotional exam for the
position of Police Sergeant will be conducted and the
successful candidate would assume sgt. Emon's position
upon his retirement. Staff recommended approval.
It was moved and seconded to approve hiring a police INTERIM
Sergeant on an interim basis pending the retirement of SERGEANT'S
Sergeant Emon. M/S/C: MCNEILL/GALLEGOS. There were no POSITION
objections. APPROVED
Chief of Police Lanza stated that the report pertaining STREET
to the enhancement of penalties on street vendors from VENDORS
an Infraction to a Misdemeanor had been forwarded to the
District Attorney's office for review and the item will
be place on a later agenda.
Chief of Police Lanza requested Council approval to RESERVE
eliminate the hourly rate paid to Reserve Officers, and OFFICERS
instead provide them with a nominal monthly stipend.
The Reserve Officers volunteer 16 hours per month, and
then compensated at the rate of $6.80 per hour for any
time worked over and above that. A hybrid" program is
not allowed by the Fair Labor standards Act FLSA). He
listed two choices, pay Reserve Officers for all time
worked, or consider the Reserve Officers to be
volunteers" and compensate them at a nominal monthly
stipend of $30 per month. Staff recommended that
Council adopt an amendment to Resolution No. 93-11
deleting Police Reserve Officer from section 5, Exhibit
A, and adopt a separate resolution recognizing the
police reserves as city volunteers and providing them
with a monthly stipend of $30 to cover costs and
expenses incurred as a result of their volunteer work.
Council discussed maintaining the level of recruitment DISCUSSION
of Reserve Officers, the officers risking their lives
for $6.80, the need to comply with FLSA, and that the
positions are not meant to be second jobs.
Councilman Martinez recommended that the City pay the
eight 8) existing Reserve Officers $6.80 for the hours
worked and any new hire after May 19, 1993 the $30
stipend.
City Attorney Bower stated that he would review the CITY
request for a two tier policy to pay existing officers ATTORNEY
and the new officers would be volunteer. He recommended RESPONSE
that the Police Department continue the item, to try to
get rid of the program now, and within two weeks he
would have an opinion for Council.
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1993 05 19 CC MINòw @˜ „ o CC MIN MAY 19 1993à›[H´8 REGULAR MEETING OF THE CITY COUNCIL MAY 19, 1993
OF THE CITY OF BALDWIN PARK PAGE FIVE
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Councilman Martinez stated that the Police Department MARTINEZ
had done a good job regarding the Garvey Strip. He
requested that trucks be cited when asked more than one
time to move and to check the change in lanes on Maine
Avenue during the construction. He inquired about the
progress of the new agenda packets.
Councilwoman McNeill requested that staff look into MCNEILL
placing a sign to slow traffic on Benham. She stated
that the public could call her anytime.
Mayor Vargas announced the activities for Saturday, May VARGAS
21st for the Open House for Public Works and the Police
Department, the Youth In Government on May 25th, and a
Budget Study Session on May 26th at 7:00 p.m. in Room
307.
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The regular meeting of the City Council was recessed at RECESSED
8:34 p.m. 8:34 P.M.
The regular meeting of the City Council reconvened at RECONVENED
8:39 p.m. Roll call remained the same. 8:39 P.M.
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CLOSED SESSION
The regular meeting of the City Council was adjourned to CLOSED
a Closed Session as allowed by the Government Code to SESSION
consider labor relations and pending litigation.
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The regular meeting of the City Council was adjourned at MEETING
10:05 p.m. to an adjourned regular meeting on May 26, ADJOURNED
1993, at 7:00 p.m. in Room 307. There were no 10:05 P.M.
objections.
BETTY BRANEK, CITY CLERK
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