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Home My WebLink About1994 05 18 CC MIN1994 05 18 CC MINòw @˜y¼CC MIN MAY 18 1994w 8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL 14403 EAST PACIFIC AVENUE, WEDNESDAY, MAY 18,1994 The City Council of the City of Baldwin Park in regular session in the Council Chambers at 7:00 p.m. ROLL CALL: PRESENT: COUNCILMEMBERS LOWES, MARTINEZ, MUSE AND MAYOR VARGAS ALSO PRESENT: City Attorney Bower, Chief of Police Lanza, Dir. of Administrative Services Yeats, Dir. of Community Development Carbajal, Dir. of Human Services Nunez, Dir. or Public Works Mousavi, City Treasurer Montenegro, Deputy City Clerk Branek, and City Clerk Gair 00- The absence of Councilmember Gallegos was excused. 00- Mayor Vargas read a proclamation declaring May 15 21, 1994 as National Public Works Week" and presented it to Director of Public Works Mousavi. He also announced that Saturday, May 21st. would be an Open House. Mayor Vargas read a proclamation declaring May 15 21, 1994 as National Adult and Continuing Education Week' and presented it to Yolanda Acosta and Joe Lee. 00- City Attorney Bower explained that after the posting of the agenda there was a need to consider two items. It was moved and seconded to place the termination of a contract with Javaid Construction for Morgan Park on the agenda as a Subsequent Need Item, under Reports of Officers, Commissions and Committees; and a Subsequent Need Item, under Closed Session regarding exposure to litigation one case, pursuant to Government Code 54956.9(1,)." MIS/C: MARTINEZ/LOWES. There were no objections. 00- ORAL COMMUNICATIONS Mayor Vargas declared Oral Communications open and invited those wishing to speak on any subject to come forward. Ted Meyers, Executive Director of Foothill Community Mental Health Center, 671 S. Great Bend, Diamond Bar, explained that May is mental health month, the amount of money spent per capita by the County, and that the agency is underfunded. He asked for public support as well as Council support for mental health care which is a part of health care. Jesus Gonzales, 4229 Park Place, inquired if any decisions had been made regarding the gate to Park Place and the wall at the north side of the street. There being no other speakers, Mayor Vargas declared Oral Communications closed. 00- BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 18-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3590-U03 DO3592-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 05-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3592-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 05 18 CC MINòw @˜y¼CC MIN MAY 18 1994w 8May 18, 1994 Minutes Page Two CONSENT CALENDAR)AR City Clerk Gair presented Consent Calendar A: 1. Approval of Certificate of Posting for May 18, 1994 2. Approve Minutes of April 20, 1994 3. Waive Further Reading and Adopt RESOLUTION NO.94-49 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Receive and File Treasurer's Report- April 30, 1994 5. Waive Further Reading and Adopt ORDINANCE NO.1081 APPROVING THE ACT OF ENTERING Second Reading) INTO A LEASE AGREEMENT BETWEEN THE CITY AND THE BALDWIN PARK FINANCING AUTHORITY 6. Waive Further Reading and Adopt ORDINANCE NO.1082 AMENDING CHAPTER 12.05 OF TITLE Second Reading) 12 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE SALES OF GOODS AND SERVICES ON PUBLIC PROPERTY 7. Deny Claim Against the City Carmen Vasquez 8. Approve Agreement Mid Valley Consortium Summer Youth Employment Training Program 9. Approve Agreement El Monte Union High School Meal Preparation Summer Lunch Program 10. Award of Design Authorization to Advertise Athol Street Pedestrian Improvements CIP 290 11. Waive Further Reading and Adopt RESOLUTION NO.94-51 AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE PURPOSE OF OBTAINING 20TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT It was moved and seconded to approve Consent Calendar A as presented. M/S/C: MARTINEZ/MUSE, There were no objections. City Clerk Gair presented Consent Calendar B 1. Waive Further Reading and Adopt RESOLUTION NO.94-50 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK RELATING TO SOUTHERN CALIFORNIA EDISON) BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 18-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3590-U03 DO3592-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 05-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3592-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 05 18 CC MINòw @˜y¼CC MIN MAY 18 1994w 8May 18, 1994 Minutes Page Three It was moved and seconded to approve Consent Calendar B as presented. MIS/C: LOWES/MUSE. Mayor pro tern Martinez abstained due to a possible conflict of interest. 00- PUBLIC HEARING Mayor Vargas introduced the Public Hearing pertaining to A Vacation of a Portion of Borel Street between Nubia Street and Cragmont Street, 94-V-I." Director of Public Works Mousavi requested that Council conduct a public hearing and adopt a resolution ordering the proposed street vacation. In 1989 Borel Street between Nubia and Cragmont Street was deleted as a Future Street" in the General Plan. The existing right-of-way of Borel Street north of Nubia is unimproved and unsightly. Mr. Miguel Vega has requested that the City vacate a portion of the dedicated right-of-way along his frontage. Easements will be reserved for any utilities which exist on the proposed right-of-way to be vacated. It was recommended that Council conduct the public hearing and adopt the resolution ordering the vacation. Mayor Vargas declared the Public Hearing open and invited those wishing to speak pertaining to the proposed street vacation on Borel Street to come forward. There were none. Mayor Vargas declared the Public Hearing closed. It was moved and seconded to adopt Resolution No.94-52, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDERING THE VACATION OF A PORTION OF THE STREET RIGHT-OF-WAY OF BOREL STREET BETWEEN NUB IA STREET TO CRAGMONT STREET." MIS/C: MARTINEZ/MUSE. There were no objections. 00- REPORTS OF OFFICERS COMMISSIONS AND COMMITTEES Director of Public Works Mousavi requested that Council terminate the contract with Javaid Construction for Morgan Park. Javaid Construction Company was to complete the job at Morgan Park by April 14th. City Staff had meetings with Javaid Construction explaining the changes, agreeing on the price and the completion time. Finally a letter for acceptance and substantial completion of the Morgan Park Expansion project was sent to Javaid Construction with a few items remaining unfinished, the majority of which are tied to Change Orders and RFI responses. The Park is substantially complete and a job walk through with Javaid needs to be completed and then turn it over to the City. Staff requested termination of the contract with Javaid Construction. Brian Kent, Vice President of Javaid Construction Co., stated that there were extenuating circumstances relating to the completion of the Morgan Park Expansion project. Certain areas of the project that Javaid had exclusive control over were not completed until recently and there are still three items that should have been completed. The majority of outstanding items are directly attributable to modifications made to the plans and specifications or design errors that have only recently been corrected. Javaid Construction requested Council to reconsider its' action and allow them to complete the contract as originally intended. In response to Council, Director of Public Works Mousavi stated that several meetings with the contractor had been set. Agreement on the price and the day of completion was set for April 14th. Brian Kent, Vice President of Javaid Construction Co., stated that several events, such as the Cinco de Mayo delayed the completion. The reason for the bare spots of grass was due to planting in soil that had not been properly prepared in order to accommodate an event, and the truckers strike delayed the delivery of some of the products ordered for the job. The project could be completed in two weeks. A lot of hard work has been done on the project. Re BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 18-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3590-U03 DO3592-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 05-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3592-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 05 18 CC MINòw @˜y¼CC MIN MAY 18 1994w 8May 18, 1994 Minutes Page Four requested that Javaid Construction be given the opportunity to complete the job or to work with the City to complete the project. Mayor pro tern Martinez stated that he would like to have a completed project that people could enjoy, and that the City has done everything to fulfill its' part of the agreement. Mayor Vargas stated that the job was a $1.2 million project, that the project should have been completed on time and that he agrees with Mayor pro tern Martinez. It was moved and seconded to terminate the contract with Javaid Construction Company pertaining to the Morgan Park Expansion Project. MIS/C: VARGAS/MARTINEZ. There were no objections. 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Councilmember Martinez requested that Council receive agendas from other cities. Re also thanked staff and Human Services for the 2nd Annual Cinco de Mayo celebration. City Clerk Gair stated that Aileen Pinhero invited Council to the flag ceremony on Friday, May 20th at 1:30 pm. at the Museum. Mayor Vargas requested staff to explore ways to improve cable service and bring a report to Council with recommendations for better service. He suggested possible Council appointment of a cable commission. He requested staff to bring a report with a recommendation pertaining to a consumer affairs commission relating to businesses in the City. Council]member Lowes requested that staff followup on laws that may be passed by the State pertaining to the ordinance relating to the sales of goods and services on public property. 00- The regular meeting of the City Council recessed at 8:00 p.m. The regular meeting of the City Council reconvened at 8:09 p.m. Roll call remained the same. 00- CLOSED SESSION The regular meeting of the City Council adjourned to a Closed Session for a conference with Legal Counsel for anticipated litigation, significant exposure to litigation, pursuant to Government Code Section 54956.9(b): one case. 00- The regular meeting of the City Council adjourned at 9:00 p.m. to an adjourned regular meeting on May 21st at 1:00 pm. to consider budget input for the City Budget. LINDA L. GAIR, CITY CLERK BETTY BRANEK, DEPUTY CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 18-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3590-U03 DO3592-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 05-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3592-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05