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HomeMy WebLinkAbout1995 05 03 CC MIN1995 05 03 CC MINòw @˜„xCC MIN MAY 3 1995[Þ›[Hn8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, MAY 3,1995 The City Council of the City of Baldwin Park met in regular session in the City Council Chambers at 7:00 p.m. ROLL CALL: COUNCILMEMBERS LOWES, LOZANO, MARTINEZ, 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. of Public Works Mousavi, City Treasurer Montenegro, Deputy City Clerk Branek, and City Clerk Gair The absence of Councilmember Muse was excused. 00- Mayor Vargas introduced Sierra Vista High School Principal, Marilyn Ghiarelli, who introduced Sierra Vista High School Bilingual Teacher, Charlene Freed. Ms. Freed has been nominated for Bilingual Teacher of the Year in Los Angeles County. Ms. Freed introduced the National Association of Bilingual Education First Place winner, Isabel Gomez. Isabel Gomez read her winning essay in English and in Spanish to the audience. The California Association of Bilingual Education First Place winner, Erika Claire could not attend. Mayor Vargas presented Awards of Merit to the Bilingual Education Contest winner, Isabel Gomez and presented Erika Claire's certificate to Ms. Freed. Human Services Commissioner Mary Ferrer introduced Officer Calderon of the Los Angeles Probation Department Operations and Prevention Services Bureau. Officer Calderon stated that the young people involved in the Gang Prevention Program attended 6 classes and all graduated. Mayor Vargas stated that Los Angeles County Certificates for Gang Alternative Prevention Program G.A.P.P.) Recognition Pleasantview Elementary School were to be awarded to the following students: Hector Alvarez George Angulo Victor Arevalo Albert Arevalo Daniel Ayala Manuel Ayala Fernando Cervantes Annette Contreras Anthony Contreras Erica Cortez Charles Dinisi Erika Enriquez Julio Gaeta Gustavo Gomez Jesse Hernandez Juan Pablo lnsua BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3536-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 05 03 CC MINòw @˜„xCC MIN MAY 3 1995[Þ›[Hn8 2 Enrique Islas Noe Jimenez Jesus Macias Stacy Martinez Angelica Mendia Anthony Molina Jorge Ortiz Erik Perez Raphael Ramos Eduardo Rangel Ezekiel Sahagun Bessy Salazar Teresa Valle Veronica Valle Mayor Vargas read the Proclamation declaring May 4, 1995 as National Day of Prayer" and presented it to the Inland Empire Committee," Dignitaries Liaison, Debbie Maher. 00-- ORAL COMMUNICATION Mayor Vargas declared Oral Communications open and invited those wishing to speak on any subject to come forward. Vincent Lopez, stated that he represented Ana Marie Perez, 13425 Benbow. Mrs. Perez is being harassed by neighbors located at 13426 and 13427 Benbow. He told that she is a single parent with 4 children in the home and trying to raise a Christian family. The family car has been towed away because the tags were delinquent. William Van Cleave, 13232 Emery, stated that the debris from the tree planting is still on La Rica and needs to be cleaned up. If the debris is not cleaned up by Saturday, Baldwin Park Beautiful will clean it up. Patty Rascon, business owner at 13520 E. Garvey, stated that the Director of Community Development has missed several PAC Committee meetings and that no one attending the meetings has the authority to make decisions. She requested that Mr. Carbajal attend the PAC meetings. Helen Montenegro, 3366 Athol, stated that she represented the senior swimmers, that they are pleased with the time slot they have been given, and they do not interfere with the lap time swimmers. She requested the seniors be allowed to keep swimming from 9:30 to 11:00 a.m. Lucille Neal, resident of South El Monte, thanked the Council for having a beautiful place for the seniors to swim. She stated that she teaches aerobics from 9:30 to 11:00 a.m., that when she started the aerobics she weighed 215 lbs., and the group does not interfere with the lap swimmers time. Jan Dryden, 3745 Holly, stated that she attends the senior swim time and that she has lost 30 lbs., that she enjoys the 9:30 class, and requested that the class time continue. Roy Test, 15115 Kenoak Dr., stated that the senior lap time was changed to 8:30 to 9:30 a.m., that the senior swimmers get in the pool before their time to begin, that most of them live out of the city and do not pay. BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3536-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 05 03 CC MINòw @˜„xCC MIN MAY 3 1995[Þ›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 3 OF THE CITY OF BALDWIN PARK MAY 3,1995 Irene Test, 15115 Kenoak Dr., stated that she enjoys the lap swimming, but there are some problems. Several months ago the exercise group started getting into the pool before their scheduled time, they stand around and talk and they leave their things laying around instead in of placing their things in a locker. Charles Elna, stated that he has been swimming for 2 years, that Mr. Test has only been to the lap class 3 times this year. He suggested opening the pool at 8:00 a.m. for the lap swimmers. Vern Brunson, 4917 Bleecker, stated that he is disturbed by a high frequency noise, that he has located the noise in Irwindale, and that Irwindale will not enforce their code to stop the noises. He stated that he has identified the noise 7 different ways, and that the noise is repetitive. He requested Baldwin Park to intervene since the noise irritates the Baldwin Park residents. There being no other speakers, Mayor Vargas declared Oral Communications closed. 00- CONSENT CALENDAR 1. Approval of Certificate of Posting for May 3, 1995 2. Approve Minutes: Regular Meeting: April 19,1995 Study Session: April 19,1995 3. Waive Further Reading and Adopt RESOLUTION NO.95-29 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Deny Claim Against the City Michael Anthony Gradias, a minor by and through his Guardian ad Litem, Kathy Gradias 5. Approve Purchase of Building Permits/Code Enforcement Software Sierra Computer Systems, Inc. Sole Source 6. Approve Award of Bid Renovation of Two 2) Westinghouse Elevators Elevator Specialty Corp. 7. Approve Design and Authorize Solicitation of Bids Sidewalk Construction CIP 306 8. Approve Award of Contract Subdivision Map Check Service WilIdan Associates BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3536-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 05 03 CC MINòw @˜„xCC MIN MAY 3 1995[Þ›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4 OF THE CITY OF BALDWIN PARK MAY 3, 1995 It was moved and seconded to approve the Consent Calendar as presented with the understanding that Mayor pro tern Martinez abstained on Item No.3. M/S/C: LOZANO/LOWES. There were no objections. PUBLIC HEARING Mayor Vargas introduced the Public Hearing pertaining to Amending the Final Statement 20th Year Community Development Block Grant CDBG) Program." Director of Community Development Carbajal stated that the amendment to the Final Statement would exclude one project and add one project. Staff has attempted to get the documentation pertaining to Hope In Youth" to implement the project, but without success. The departure of the Boys and Girls Club from the Community Center will create a void to address the youth needs at the Center, and Staff is proposing a new project/activity Youth Diversion through Athletics" under the CDBG program guidelines. Staff recommended approval of the amendment. Mayor Vargas declared the Public Hearing open and invited those wishing to speak pertaining to Amending the Final Statement 20th Year Community Development Block Grant CDBG) Program to come forward. There were none. Mayor Vargas declared the Public Hearing closed. In response to Councilmember Lowes, Director of Community Development Carbajal stated that the required documentation for Hope In Youth" will not be required for the Youth Diversion through Athletics since it is a citywide program. It was moved and seconded to approve the amendment to the Final Statement and approve the deletion and addition of referenced projects. M/S/C: MARTINEZ/LOZANO. There were no objections. Mayor Vargas introduced the Public Hearing to Approve the Consolidated Plan/Action Plan 21st Year CDBG Program and HOME Program Director of Community Development Carbajal stated that cities are no longer required to submit the Final Statement of Community Development Objectives and Use of Funds for the CDBG Program or the Comprehensive Housing Affordability Strategy CHAS). The City is required to develop and submit the Consolidated Plan/Action Plan that identifies the needs of the community, sets priorities and allocates funds to projects/programs. The City received only one comment during the 30 day review process. The changes made during the review process and the changes from the Draft Plan were included in the staff report. It was recommended that Council approve the Consolidated Plan/Action Plan with the changes listed in the staff report. BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3536-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 05 03 CC MINòw @˜„xCC MIN MAY 3 1995[Þ›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5 OF THE CITY OF BALDWIN PARK MAY 3,1995 Mayor Vargas declared the Public Hearing open and invited those wishing to speak pertaining to the Consolidated Plan/Action Plan to come forward. Carol Lane, Executive Director for Independent Living, thanked Council for their consideration of funding, and stated that the City has given funding for the past several years to their organization. She introduced Skill Coordinator Terri Howell. Tern Howell, Coordinator for Skill, introduced three Baldwin Park residents, Amanda Lee, Pong Lu and Wen Lu, and she interpreted sign language for them. They told how Skill helped them get jobs, helped them learn to live on their own, and that they were very happy. Robert Ochoa-Schutz, 335 Park Shadows Court, business owner at 14326 Ramona, compared the funding recommendations made by the Advisory Members and the changes by the Executive Team. The non-profit groups need assistance with funding, and the recommended 5% to the non-profits is not enough to carry out their programs. He believes in giving 10% time, talent and tithes and urged the Council to give to the non-profit organizations. Jeanne Martens, 14847 Sierra Way, told of an incident about a man that qualified to purchase a home on the First Time Home Buyer's Program in Baldwin Park. Al Reale, 14675 Channing, inquired about the amount of CDBG funding needed to complete the remodeling of the Community Center Annex for the senior citizens. L. J. Lucas, 4442 Bresee, stated that he would explain to Mr. Ochoa-Schutz the funding for the non-profit groups. Eleanor Harder, 14952 Pacific, Executive Director of the Food Bank, thanked Council and those involved in funding the Food Bank. She stated that the organization is looking for a new location and if staff knows of a location to please call her at 337-0143. She also stated that the Food Bank helped 1,400 families. Jean Carpenter, 3441 Vineland, Chairperson of the Human Services Commission, stated that the Committee took into consideration the needs of the youth as well as the senior citizen. Tim Barnum, Ettie Lee Homes, 5146 Maine, stated that they have three programs in Baldwin Park; 1) involves working with victims of gang violence; 2) provides counseling to 50 people from Jones Jr. High School and Holland Jr. High School; and 3) in partnership with the Food Bank, provides training to teach people to be self-sufficient with skills and referral to the Adult School. He requested Council consider funding to the Ettie Lee Homes. There being no other speakers, Mayor Vargas declared the Public Hearing closed. In response to Council, Director of Administrative Services Yeats explained that the computer error of $600,000 that was stated for the Senior Citizens Center was a one time figure of $200,000 over a three year period. But the computer picked up the $200,000 for each year, BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3536-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 05 03 CC MINòw @˜„xCC MIN MAY 3 1995[Þ›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6 OF THE CITY OF BALDWIN PARK MAY 3,1995 making the total $600,000, and the mistake was not caught prior to going to the Advisory Committee. Council discussed the 5% cap placed on non-profit funding, the amount of funding for graffiti removal, the assurance by staff that the senior citizens center can be renovated for $200,000, the difference between the Advisory Committee and the Executive Team recommendations, and that the non-profit organizations will be held accountable for their funding. In response to Council, Chief of Police Lanza stated that $41,300 was for an additional CSO. A $5,000 savings was rolled over from the original $47,300 budgeted. Mayor pro tem Martinez requested Ettie Lee Homes to bring a report back to Council pertaining to the diversion program, the numbers involved and how the money was used. It was moved and seconded to accept staff recommendations with the following exceptions to the public service portion of the Consolidated Plan, reduce by $30,500 for Graffiti removal; and disperse as additional funds $3,000 for Lutheran Services; $5,000 for the Food Bank; $7,500 for the Recreation Scholarships; $10,000 for Ettie Lee Homes; and $5,000 for Independent Living Center. M/S/C: VARGAS/LOZANO. There were no objections. REPORTS OF OFFICERS. COMMISSIONERS. AND COMMITTEES Director of Administrative Services Yeats requested Council adoption of amendments to the City's Purchasing Ordinance. Two changes are needed to the current ordinance; 1) to increase the monetary threshold at which a formal bid is required from $5,000 to $7,500. The increase will compensate for the inflationary increase in the costs of goods and services and streamline the purchasing process; and 2) to add additional language for the procurement of contractural services, and allow that these services be procured based upon an evaluation matrix to determine the provider's level of expertise, rather than price alone. It was recommended that Council approve the Purchasing Ordinance. It was moved and seconded to introduce Ordinance No.1101, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO AMEND CHAPTER 34 FINANCE; PURCHASING" TO THE CODE OF ORDINANCES," for first reading and that the ordinance be read in title only and all further reading be waived. M/SIC: MARTINEZ/VARGAS. There were no objections. Chief of Police Lanza requested Council approval to adopt an ordinance, which would repeal Sections 132-01 and 132.02 of Chapter 132 of the Baldwin Park Municipal Code. The current Code, Section 132.01 prohibits drunkenness in any private residence, and Section 132.02 prohibits vulgar, profane or indecent" language in public, public places, or businesses open to the public. The California Penal Code, Section 415 prohibits offensive language in a public place BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3536-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 05 03 CC MINòw @˜„xCC MIN MAY 3 1995[Þ›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7 OF THE CITY OF BALDWIN PARK MAY 3,1995 that would be likely to provoke an immediate violent reaction and could preempt the City from legislating on the same subject. The City Attorney recommended the repeal of Sections 132.01 and 132.02 of the Municipal Code. It was recommended that Council adopt the ordinance. It was moved and seconded to introduce Ordinance No.1102, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REPEALING SECTIONS 132.01 AND 132.02 OF CHAPTER 132 OF THE BALDWIN PARK MUNICIPAL CODE REGARDING OFFENSES AGAINST PUBLIC DECENCY," for first reading, that the ordinance be read in title only, and all further reading be waived. M/S/C: LOZANO/LOWES. There were no objections. 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Councilmember Lowes stated that the City would celebrate Cinco de Mayo on Siete de Mayo, and that the Kiwanis Club will serve breakfast from 7:00 to 11:00 a.m. for $3.00 per person. Councilmember Lowes requested that the Council meeting be adjourned in memory of Helen Nigro, a long time resident, community volunteer and member of Senior Citizens Center. Mayor Vargas requested all the graduating seniors from the high schools that are going to college be invited to attend a July 5th Council meeting to receive a certificate of recognition. He also stated that he admired Mayor pro tem Martinez for his courage and strength facing his surgery. Mayor pro tem Martinez thanked the Council, the Executive Team and staff for their love and support during his time of facing surgery. 00- The regular meeting of the City Council recessed at 9:09 p.m. The regular meeting of the City Council reconvened at 9:16 p.m. Roll call remained the same. 00- CLOSED SESSION Mayor Vargas requested that the Conference With Labor Negotiator, Labor Negotiator: Risk/Personnel Manager Cole, Reorganization Plan for the following Departments: Administrative Services, City Clerk, Community Development, and Human Services, pursuant to Government Code 54957.6 be continued to May 17,1995. The regular meeting of the City Council adjourned to a Closed Session to consider A) Conference With Legal Counsel, Existing Litigation Steven A. Vanderhayden vs City of Baldwin Park, pursuant to Government Code 54956.9(a). BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3536-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1995 05 03 CC MINòw @˜„xCC MIN MAY 3 1995[Þ›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8 OF THE CITY OF BALDWIN PARK MAY 3,1995 As a result of the Closed Session, Council approved a settlement agreement in the amount of $20,000. The regular meeting of the City Council adjourned at 9:30 p.m. in memory of Helen Nigro. There were no objections. LINDA L. GAIR, CITY CLERK BETTY BRANEK, DEPUTY CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 MAY-U02 3-U02 1995-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 FO3536-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37260-U01 1995-U02 05-U02 03-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3520-U03 DO3537-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05