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Home My WebLink About1996 08 07 CC MIN1996 08 07 CC MINòw @˜|. CC MIN AUG 7 1996[Þ›[Hi 8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CITY HALL 14403 EAST PACIFIC AVENUE, WEDNESDAY, AUGUST 7, 1996 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 LOWES, LOZANO, MARTINEZ, MUSE, AND MAYOR VARGAS ALSO PRESENT: City Attorney Bower, Dir. of Administrative Services Yeats, Acting Chief of Police Kies, Dir. of Public Works Mousavi, Dir. of Rec/Community Services Nunez, City Treasurer Montenegro, Deputy City Clerk Branek, and City Clerk Gair 00- Acting Chief of Police Kies introduced Lt. James W. Kuntz and told of his background and accomplishments with the City. Mayor Vargas presented Lt. Kuntz with a Retirement Plaque. Ed Huetinck, Planning Commissioner introduced the Home Beautiful winners and presented Home Beautiful Plaques to the following: Rigoberto Perez 3445 Athol First Place Winner Maria Melbon 15238 Kenoak David Gonzales 3943 Baldwin Park Blvd. Roberto and Alice Luera 4665 Jerry Patrick and Marie Quiroz 4848 Jerry 00- ORAL COMMUNICATION Mayor Vargas declared Oral Communications open and invited those wishing to speak on any subject to come forward. BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 7-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3505-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 08-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 08 07 CC MINòw @˜|. CC MIN AUG 7 1996[Þ›[Hi 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2 OF THE CITY OF BALDWIN PARK AUGUST 7, 1996 Rudy Escalera, 13818 Chilcot, stated that Mr. Quiroz takes care of a number of yards in his neighborhood, that he cuts his neighbor's grass if they are ill or on vacation. There being no other speakers, Mayor Vargas declared Oral Communications closed. 00- CONSENT CALENDAR The Consent Calendar consisted of the following: 1. Approval of Certificate of Posting for August 7,1996 2. Approve Minutes Regular Meeting: July 3, 1996 and July 17, 1996 Adjourned Regular Meeting: July 9,1996 and July 18, 1996 Study Session July 3, 1996 and July 17, 1996 3. Waive Further Reading and Adopt RESOLUTION NO.96-60- ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Approve Agreement Background Investigations Okel Investigations 5. Approve Plans and Specifications and Authorization to Advertise Solicit Bids Puente Avenue and Dalewood Street Improvement Project CIP 608 & CIP 610 6. approve Agreement Emergency Preparedness Consultant Irven S. Dawson 7. Approve Continuing Appropriations Fiscal Year 1996-97 Computer Aided Dispatch and Records Management System, Radio Communications Equipment and Backup Power Generator 8. Approve Award of Contract Traffic Signal Modification Pacific & Puente Avenue, CIP 603 C.T. & F. Inc. 9. Approve Agreement to Participate With City of West Covina Improve City of Baldwin Park's Half of La Sena Avenue Between Root Street and G rovecente r Street 10. Waive Further Reading and Adopt BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 7-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3505-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 08-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 08 07 CC MINòw @˜|. CC MIN AUG 7 1996[Þ›[Hi 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 3 OF THE CITY OF BALDWIN PARK AUGUST 7, 1996 RESOLUTION NO.96-61 PLEDGING SUPPORT FOR A REWARD FUND TO BE USED FOR THE ARREST AND CONVICTION OF PERSON OR PERSONS WANTED IN CONNECTION WITH THE DEATH OF POLICE OFFICERS 11. Waive Further Reading and Adopt RESOLUTION NO.96-62 APPROVING WITHDRAWAL FROM THE EAST SAN GABRIEL VALLEY INTEGRATED WASTE MANAGEMENT JOINT POWERS AUTHORITY 2. a) Approve Facilities and Recreation Agreement Baldwin Park Unified School District b) Approve Request of Shared Cost Repair of Sierra Vista Pool 13. Waive Further Reading and Adopt RESOLUTION NO.96-63-APPROVING LOS ANGELES COUNTY PARK COUNTY PARK, BEACH AND RECREATION ACT OF 1996 PACIFIC PROJECT AND REGIONAL SPORTS FIELD RENOVATION 14. Waive Further Reading and Adopt RESOLUTION NO.96-64- DESIGNATING THE CITY COUNCIL AS THE APPOINTING POWER OF PERMANENT AND INTERIM DEPARTMENT Mayor pro tern Muse requested Item No.12 be removed for separate consideration. It was moved and seconded to approve Consent Calendar Items No. 1-11 & 13-14. M/S/C. MARTINEZ(LOZANO. Councilmember Martinez abstained from Item No.3 due to a possible conflict of interest. In response to Mayor pro tern Muse, Director of Recreation/Community Services Nunez stated that the agreement included after school programs. The School District wanted separate site agreements and this agreement covers the sites, but a separate use request for each facility. It was moved and seconded to approve Item No.12 of the Consent Calendar. M/S/C: MUSE/MARTINEZ. There were no objections. 00- BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 7-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3505-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 08-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 08 07 CC MINòw @˜|. CC MIN AUG 7 1996[Þ›[Hi 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4 OF THE CITY OF BALDWIN PARK AUGUST 7,1996 PUBLIC HEARING Mayor Vargas Introduced the Public Hearing pertaining to An Ordinance providing annual adjustment with Waste Management of San Gabriel Valley." Development Services Manager Roessler stated the report would introduce various waste service options for the City and to introduce an ordinance approving an annual adjustment to residential and commercial rates for refuse collection. The current agreement with Waste Management WM) expires June 30, 2000. Waste Management has presented a proposal that outlines nine 9) different service options. The senior citizen fee would increase by 5.4% or $.46, to $8.53 per month. The eight 8) additional options vary in service length, extension of current contract, and price. A matrix describing the new proposed services and rates was included in the staff report. The new automated programs would include each residence receiving a 95 gallon wheeled container for household waste, a 64 gallon automated cart designed for recycling only, and 64 gallon cart designed for handling greenwaste. If a resident has more trash than would fit in a 95 gallon container, they can store the remaining trash in personal trash cans and leave them at the curb for pickup. An accumulated balance of $135,000 is available for use in offsetting the higher expense of new programs. Waste Management has also proposed billing incentives by going to a quarterly, trimester, or tax roll billing method. The use of these funds is at the discretion of the City. Waste Management proposal will extend their agreement to either a three or six year extension from June 30, 2000, the date the current contract expires. Waste Management's proposal includes a 5.4% increase to the commercial rates. It was recommended that Council approve Option #C which calls for a three 3) year extension with automated waste service and a by-weekly recycling collection service. Mayor Vargas declared the Public Hearing open and invited those wishing to speak pertaining to the annual adjustment with Waste Management of San Gabriel Valley to come forward. There were none. There being no speakers, Mayor Vargas declared the Public Hearing closed. Councilm ember Lowes stated that Waste Management requires a two month payment in advance for services not received, and that with the different days of pickup for the various barrels, it would place more truck traffic on the City streets. She also stated that the City of El Monte liked the automation of waste pickup and they are allowed to request an extra barrel. El Monte has trash pickup twice a week, the recycables are picked up only on Tuesday, and the greenwaste is picked up on Friday. In response to Councilmember Lowes, Manager Roessler stated that broken barrels will be replaced or repaired at no charge to the resident, if the damage is not due to neglect. The unlimited trash pickup and the bulky item pickup is available as long as notification BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 7-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3505-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 08-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 08 07 CC MINòw @˜|. CC MIN AUG 7 1996[Þ›[Hi 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5 OF THE CITY OF BALDWIN PARK AUGUST 7, 1996 is given to Waste Management. Councilmember Lowes requested that the Ordinance providing annual adjustment with Waste Management of San Gabriel Valley be brought before Council at the September 4th meeting. She further requested that Waste Management meet with City Staff and work out a set amount of decrease in rates, based on the calculation of the savings and the future recycling program. She requested it be in the form of a contract with no CPI adjustments. She asked for Council concurrence. Councilmember Lowes stated her motion, to have a commitment from Waste Management to set the rates now, the future decreases to be calculated that and make a commitment to the City with no adjustments from CPI. The motion died due to the lack of a second. Mayor Vargas stated that it is only fair that the rest of the Council be allowed to ask questions of the staff and the contractor before postponing the item. If any Councilmember wants to bring up the motion again that it could be seconded at that time. In response to Mayor Vargas, Manager Roessler stated that the initial meeting with Council and Waste Management was January 3rd. In response to Council, Manager Roessler stated that the Greenwaste Program is on hold from Sacramento and any option with greenwaste is substantially more than the current option. The greenwaste will go in the regular trash. Option D would need to be incorporated if greenwaste is approved. The extension of the agreement with Waste Management is seven 7) years from June 30, 1996. That the current contract is only a three 3) year extension. He explained the open communication with Waste Management Staff. The greenwaste, if counted as diversion, will help the City reach that 50% diversion by Year 2000. If it is counted as trash, it will not help the diversion at all. He further stated that he saw no need to burden the citizens with a recycle bin when it may not be diverted. The $135,000 could be used to off-set future costs, or it could decrease the costs of landfill costs. The monthly obligation for residential trash pickup with Option C is $12.12 and with Option D a total of $14.20. In response to Council, Mr. Steffan stated that if Option C is selected it would be every other week. El Monte is paying approximately $13.28 per month for all the pickups. Waste Management directly bills the residents in El Monte on a every three 3) month cycle instead of every two 2) months, if the account goes delinquent it is assessed to the tax rolls the following year. If a full tax roll billing is chosen there would be no need for a quarterly or a by-monthly consideration, it would be paid with the real estate taxes. Waste Management is proposing to change to the 64 gallon grey container rather than the multi-bin system for recycling. Waste Management is also proposing to use the 96 BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 7-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3505-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 08-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 08 07 CC MINòw @˜|. CC MIN AUG 7 1996[Þ›[Hi 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6 OF THE CITY OF BALDWIN PARK AUGUST 7, 1996 gallon trash containers for multi-family, as they do not take up much space, and keeping the containers inside an enclosure. If the resident can get by with by-weekly pickup for recyclable, there will be better participation because of the commingled program, easier to get back and forth to the curb, than carrying out three containers every week. In the past calendars have been issued to assist the resident in knowing the day to place their recyclable at the curb. Councilmember Lowes stated her opposition to placing the Waste Management bills on the tax rolls. Mayor Vargas stated that the costs would be passed on to the renters by the landlords if the bills are placed on the tax rolls. Mayor pro tern Muse and Councilmember Martinez stated that they prefer weekly recycling. In response to Mayor Vargas, Manager Roessler stated that the Options to look at would be A, Al, B or Bi. Mayor Vargas stated that if Option C was selected which is by- weekly recycling, the fee is $12.12, if Option Bi is selected, which is weekly recycling and a six year extension, the cost is $12.07. In response to Mayor Vargas and Mayor pro tem Muse, Mr. Steffan stated that he did not know what the prices would be for the year 2003. Waste Management has offered a rate adjustment program that has an established rate, and it is broken down in components, what portion is being assigned to landfill expense, transportation expense, collection expense, and overhead expense. When something changes Waste Management would have to bring documentation to the City showing the reason for the changes in fees. In the current agreement for calculating rates and landfill costs is fixed and totally inflexible and it identifies certain rates in the market place and establishes how they will roll into the rate calculation. In 1994 Waste Management was able to negotiate a reduction in the rate at BKK Landfill, there was no provision to work that savings back into the contract because of the contract wording. According to the contract WM could have held the money, but the preference was to share the money by setting it aside. With the new rate methodology the money can be release to the City in the form of reduced rates, or it can sit and draw interest in the future against future rate increases. It will stop accumulating when the BKK Landfill closes on September 15th. and WM is looking at different landfill expenses. Councilmember Lowes stated that the set rates that she requested was not based on landfill charges, it was based on a calculation from the savings that the City would have because WM would get more money from recyclable material. The only adjustment would be in the landfill charges, no CPI's. She also stated that there is another option that was not listed in the staff report and that is to do nothing, just wait out the contract for four years and then put the contract out for bid. She asked for a commitment from WM to the City for a savings to the residents for the term of the contract. In response to Mayor Vargas, Mr. Steffan stated that WM does not have any contracts BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 7-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3505-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 08-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 08 07 CC MINòw @˜|. CC MIN AUG 7 1996[Þ›[Hi 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7 OF THE CITY OF BALDWIN PARK AUGUST 7, 1996 with a provision for a fixed rate over a period of seven years, and they would not propose a seven or ten year program with that provision. He further stated that WM does feel that they will get more recycables materials through this program and those figures are calculated into the current rate. In response to Councilmember Martinez, Mr. Steffan stated that the City of El Monte signed a ten year adjustable contract with WM for $13.58. WM is proposing a tracking method with the City of Baldwin Park, if it goes up WM come to the City, watch it, measure the impact of the raise and adjust the rate the next year. City Attorney Bower stated that the way this item is presented on the agenda is a consideration in service rates, pursuant to an agreement between the City and Waste Management, there is a current agreement in place with a formula for an annual increase, that what the agenda description implies. This is a contract amendment not a rate increase pursuant to the current contract. Extensions and new formulas have been discussed. The new contract has not been presented with the new formulas, so a vote can not be taken to extend the contract. This Item has to be brought back to the next meeting. Council can direct staff to bring back a contract amendment which reflects the option that is preferred, but a vote can not be approved for that option. Mayor Vargas requested that Mr. Steffan and City Staff to address the concerns of Councilmember Lowes. Council ember Lowes requested the proposed new contract be available for review prior to the next Council meeting. It was moved and seconded to bring back a new contract using Option Bi to the next Council meeting. M/S/C: MARTINEZ/MUSE. There were no objections. 00 REPORTS OF OFFICERS. COMMISSIONS AND COMMITTEES City Clerk Gair requested approval of appointments andlor reappointments to the Recreation/Community Services Commission, Personnel Commission, Planning Commission, and two tenant appointments to the Housing Commission. There are eight commissioners that are eligible for reappointment to their present committee or commission as listed in the staff report. There was one vacancy on the Planning Commission which needed to be filled by appointment. Two tenants have been found to serve on the Housing Commission which requires tenants, and she requested that Patricia Graham and Luciana Betanco be nominated to fill those position. The action required is reappointment if that is desired, the two tenants to fill Office No.6 & 7, to fill Office No.5 of the Planning Commission and adopt four resolutions in conjunction BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 7-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3505-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 08-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 08 07 CC MINòw @˜|. CC MIN AUG 7 1996[Þ›[Hi 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8 OZ THE CITY OF BALDWIN PARK AUGUST 7.1996 with the appointments. It was moved and seconded to reappoint all existing Commissioners that are eligible for reappointment and in addition appoint the two tenants to the Housing Commission. M/S/C: VARGAS/LOZANO. There were no objections. Mayor Vargas nominated Daniel J. Galindo to Office No. 5 of the Planning Commission. It was moved and seconded to adopt Resolution No.96-65, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE RECREATION/COMMUNITY SERVICE COMMISSION OF THE CITY OF BALDWIN PARK," reappointing Mary L. Ferrer to Office No.1, Erica S. Rodriguez to Office No.2, and Marlen Ramirez to Office No.3. M/S/C: MARTINEZ/MUSE. There were no objections. It was moved and seconded to adopt Resolution No.96-66, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK," reappointing Ruby Sally) E. Wieck to office No.1, David Muse to Office No.2, and Guadalupe Lozano, Jr. to Office No.3. M/S/C: MARTINEZ/VARGAS. Mayor pro tem Muse and Council ember Lozano abstained due to a possible conflict of interest. It was moved and seconded to adopt Resolution No.96-67, *A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK," appointing Daniel J. Galindo to Office No.5. M/S/C: MARTINEZ/MUSE. There were no objections. It was moved and seconded to adopt Resolution No.96-68, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING MEMBERS TO THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK," appointing Patricia Graham to Office No.6 and Luciana Betanco to Office No.7. In response to Councilmember Lowes objection to relatives serving as Commissioners, Mayor Vargas stated that if people are qualified they have a right to participate. 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Councilmember Lozano complimented staff for the National Night Out and the 5K Run. Mayor Vargas requested a Status Report from the Recreation/Community Services BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 7-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3505-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 08-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 08 07 CC MINòw @˜|. CC MIN AUG 7 1996[Þ›[Hi 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 9 OF THE CITY OF BALDWIN PARK AUGUST 7.1996 Department and the Public Works Department pertaining to the trees that have been planted in the open space at Morgan Park and Barnes Park and a Study Session with all of the commissioners be held. 00- The regular meeting of the City Council recessed at 8:44 p.m. The regular meeting of the City Council reconvened at 8:45 p.m. Roll call remained the same. 00- CLOSED SESSION The regular meeting of the City Council adjourned to a Closed Session to consider Public Employee Performance Evaluation, Title: Executive Team Members, pursuant to Government Code 54957; and Public Employee Appointment, Title: Acting Chief of Police, pursuant to Government Code 54957. City Attorney Bower stated that in the Closed Session Council appointed as Acting Chief of Police, Ed Lopez, by a four to one vote, with Councilmember Lowes dissenting. 00- The regular meeting of the City Council adjourned at 10:20 p.m. There were no objections. LINDA L. GAIR, CITY CLERK BETTY BRANEK, DEPUTY CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 7-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3505-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 08-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3506-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05