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HomeMy WebLinkAbout1998 02 04 CC MIN1998 02 04 CC MINòw @˜~XCC MIN FEB 4 1998èwGUæÞ8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVENUE, WEDNESDAY, FEBRUARY 4,1998 The City Council met in regular session in the Council Chambers at 7:00 p.m. ROLL CALL PRESENT: COUNCIL MEMBERS LOZANO, MUSE, PACHECO, VAN CLEAVE, AND MAYOR LOWES ALSO PRESENT: City Attorney Olivas, Interim City Manager Mousavi, Acting Chief of Police Kies, Interim Director of Finance Holmes Dir. of Community Development Cervantes, Dir. of Rec/Community Services Nunez, City Treasurer Montenegro, and City Clerk Gair 00 PRESENTATIONS Special Recognition of Robert Barney, President of Spectrum, who came to the City as Santa's Helper and assisted with the children and the food baskets and many more gifts presented by this gentleman for the holiday season. Mayor Lowes expressed the City's appreciation and presented a special certificate and framed picture for him doing so many good things. The entire Council greeted and congratulated Mr. Barney. Mr. Barney thanked the Council and the Community Center Staff for all the assistance that was given to him and for making this event successful. Re asked for greater participation next year to have an even better program. Jean ette Vasquez from Assemblyman Gallegos' office presented a certificate from the Assemblyman's office. Mayor Lowes also announced the Happy Anniversary Certificate that was received from the League of California Cities in honor of the City's Anniversary on January 25. City Manager Mousavi introduced Linda Holmes the new Interim Finance Director and listed her background and the expertise that she brings to the City. She will be overseeing the new two-year budget that will be developed by Staff Council welcomed her to the City Staff 00- BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 4-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3620-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 02-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 02 04 CC MINòw @˜~XCC MIN FEB 4 1998èwGUæÞ8REGULAR MEETING OF THE CITY COUNCIL PAGE 2 OF THE CITY OF BALDWIN PARK FEBRUARY 4, 1998 SUBSEQUENT NEED City Attorney Olivas stated that the Closed Session item on the agenda is in error, but there is a new circumstance that needs to be a Subsequent Need Item, which would be Anticipated Litigation, pursuant to Government Code Section 94956.9 Z). This item needs to be added by a four-fifths vote. If there is a consensus by the Council then this item will replace what was on the agenda. It was moved and seconded to approve the Subsequent Need Item of Anticipated Litigation as stated by the City Attorney. MIS/C: MUSE/VAN CLEAVE. There were no objections. 00- ORAL COMMUNICATIONS Mayor Lowes declared Oral Communications open and invited those wishing to speak on any subject to come forward. Sarah Guerrera, family center facilitator introduced Robert Acevelos of the Head Start children who came to give a presentation to Councilman Van Cleave. They presented him with a plaque for all his support to Head Start. She also thanked all the Council for their support. There being no other speakers, Mayor Lowes declared Oral Communications closed. 00- CONSENT CALENDAR City Clerk Gair presented the Consent Calendar: 1. Approval of Certificate of Posting for February 4, 1998 2. Approve Minutes: Regular Meeting: January 21, 1998 Special Meeting: January 12, 1998 Study Session: January 21, 1998 3. Waive Further Reading and Adopt RESOLUTION NO.98-7- ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK Warrants to Mr. Bill's Hardware Financial Conflict of Interest Council member Van Cleave BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 4-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3620-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 02-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 02 04 CC MINòw @˜~XCC MIN FEB 4 1998èwGUæÞ8REGULAR MEETING OF THE CITY COUNCIL PAGE 3 OF THE CITY OF BALDWIN PARK FEBRUARY 4,1998 Abstains) Approve Plans and Authorization to Solicit Bids Construction 1997-98 CDBG Streets Improvement Project CIP 712 Waive Further Reading and Adopt RESOLUTION NO.98-8- APPROVE AMENDING RESOLUTION NO.97- 38- BASIC SALARY PLAN Change in Minimum Wage) 6. Approve Award of Contract Trash Receptacles for Bus Shelters Quick Crete 7. Approve Agreement Sylire Park Bassett Little League 8. Waive Further Reading and Adopt RESOLUTION NO.98-9- OPPOSITION OF THE GOVERNMENT COST SAVINGS AND TAX PAYERS PROTECTION AMENDMENT 9. Approve Award of Contract Installation of Street Lights in Area A CIP 717- California Electric Services 10. Approve Appropriation of Additional Funds Maupin Avenue Reconstruction Project CIP 703 Three items were requested to be removed from the Consent Calendar for separate consideration. Mayor Lowes removed Item No.3; Councilman Lozano removed Item No.8; and Councilman Pacheco removed Item No.5. It was moved and seconded to approve Items No.1-2, 4, 6-7 & 9-10 of the Consent Calendar as presented. MIS/C: MUSE/LOZANO. There were no objections. Mayor Lowes stated that Item No. 3 was pulled at the request of City Manager Mousavi to make amendments to that item. Finance Director Holmes explained that the warrant register has three checks that are missing and these checks were voided checks. In the future the warrant register will list all the voided checks so that no missing checks will show on the register. She recommended that Council amend Resolution No.98-7 with the amendment to add voided checks #103526, #103588 and #103619 to the register. It was moved and seconded to approve Item No.3 of the Consent Calendar and amend Resolution No.98-7 with the amendment to add voided checks #103526, #103588 and #103619 to the register. MIS/C: MUSE/LOWES. There were no objections. BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 4-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3620-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 02-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 02 04 CC MINòw @˜~XCC MIN FEB 4 1998èwGUæÞ8REGULAR MEETING OF THE CITY COUNCIL PAGE 4 OF THE CITY OF BALDWIN PARK FEBRUARY 4, 1998 Councilman Pacheco asked if the whole wage plan on Item No.5 was being approved or are we approving specific positions. City Manager Mousavi responded that approval is for the requirement made by the State and the minimum wage rate. The rate is increased to $50 because the limit in the City for our wage has been too low and we have not been able to hire qualified people. It was moved and seconded to approve Item No. 5 of the Consent Calendar as presented. MISC: PACHECO/LOZANO. There were no objections. Councilman Lozano requested clarification on Item No.8 and asked if this was the employees that were laid off before. City Manager Mousavi responded that this is Cal Trans employees and pertains to legislation that would effect the hiring of other than Cal Trans on certain projects. It was moved and seconded to approve Item No.8 of the Consent Calendar as presented. MIS/C: LOZANO/VAN CLEAVE. There were no objections. 00- REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES Acting Chief Kies requested adoption of an ordinance prohibiting public urination and excretion. The proposed ordinance provides for the following: No person shall urinate or defecate upon his or her private property in an area exposed to public vies or upon any other private property or public property, including but not limited to streets, sidewalks, alleys, parks, access ways, or other public places except into a fixture designed and designated for this purpose and located within a restroom. A violation of this code shall be an infraction. Staff recommended Council introduce Ordinance No.1129 for first reading. It was moved and seconded to introduce Ordinance No.1129, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK CODE OF ORDINANCES BY ADDING SECTION 132.04 CONCERNING PUBLIC URINATION AND DEFECATION," for fust reading, to be read in. title only and all flirther reading be waived. MIS/C: MUSE/VAN CLEAVE. There were no objections. Captain Higgenbottham requested approval of the Standardized Emergency Management System SEMS) Multihazard Functional Plan" MHFP)). The Standardized Emergency Management System is designed to be flexible and adaptable to the varied emergencies that can occur in California as well as meet the emergency management needs of all responders. By law, state. agencies must use SEMS when responding to emergencies involving multiple jurisdictions or multiple agencies; however, local governments are not required to use SEMS S. If SEMS is not used, local governments will not be eligible for state funding of response related personnel costs for BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 4-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3620-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 02-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 02 04 CC MINòw @˜~XCC MIN FEB 4 1998èwGUæÞ8REGULAR MEETING OF THE CITY COUNCIL PAGE 5 OF THE CITY OF BALDWIN PARK FEBRUARY 4,1998 emergency and/or disaster related operations. Regulations were listed in the staff report. City staff currently operates under SEMS regulations and all City employees have received the Introductory Course." SEMS training will be on-going in order to comply with the State Approved Courses of Instruction regarding emergency responses. The City's Multihazard Functional Plan has been approved with the following conditions: 1) The Multihazard Functional Plan be approved by Jurisdiction governing body; and 2) The plan be updated every three years. It was recommended for approval. Captain Higgenbottharn introduced Disaster Coordinator, Irv Dawson. Mr. Dawson offered to answer any questions that Council might have regarding the Multihazard Functional Plan. Council complimented Mr. Dawson on the work that he has done on this project and how comprehensive the manual is. In response to Mayor protem Muse, Mr. Dawson responded that the Council must be readily available in a disaster and as the operation continues the Council keeps in touch with the department heads and the media They must be prepared to ratify any resolutions that might be necessary, make any field visits, act as hosts to any outside dignitaries, and to keep themselves updated in order to keep the citizens informed. Mr. Dawson thanked the city staff for all the help that he was given in doing the process for the manual. It was moved and seconded to approve Resolution No. 98-10, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE MULTI-HAZARD FUNCTIONAL PLAN AS THE AMENDED EMERGENCY RESPONSE OPERATIONS PLAN IN ACCORDANCE WITH THE STATE OF CALIFORNIA STANDARDIZED EMERGENCY MANAGEMENT SYSTEM SEMS)." MIS/C: MUSE/VAN CLEAVE. There were no objections. Acting Chief of Police Kies requested approval to purchase a new police canine, because one of the existing canines is nearing retirement age. The dog would be paid for with asset forfeiture funds The Police Department has a police canine force of two dogs and two police officers. Rik, the department's oldest dog, is ready to retire. The normal work life of a police canine is five years. Rik is at the point where he is not as effective as he once was and needs to be replaced. Adlerhorst International consistently provides the best dog selection and after purchase" training programs. Adlerhorst will have a selection available by March 16th. The cost of a new canine is about $4,800 and the related training is $4,600. Staff recommended approval. It was moved and seconded to approve 1) The purchase of a new police canine from Adlerhorst International for $4,800, as well as the related training for $4,600 using asset forfeiture funds; and 2) Council waive the fomal bidding process as allowed by Section 34.23© of the Baldwin Park Code of Ordinances, as the Section relates to public welfare and impracticality. MIS/C: VAN CLEAVE/MUSE. There were no objections. 00- BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 4-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3620-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 02-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 02 04 CC MINòw @˜~XCC MIN FEB 4 1998èwGUæÞ8REGULAR MEETING OF THE CITY COUNCIL PAGE 6 OF THE CITY OF BALDWIN PARK FEBRUARY 4,1998 COUNCIL. STAFF REQUESTS AND COMMUNICATIONS Mayor pro tern Muse spoke regarding I) the ICA recommended background check policy ordinance) and requested that information about this be in the status report; 2) Senator Solis needing support for her bill against methanphetamine labs and sending a letter of support for that bill; 3) the posting of grade cards on restaurants issued from the Health Department and the City needing an ordinance to enforce this card being posted; 4) the CDBG process, and the comprehensive goals and objectives that were brought before the City Council by the Recreation/Community Services Commission for the special social service funding for the CDBG Funds. She asked for that commission to be given the social service portion of the CDBG process, because the City Council has the ability to change this process and she felt this was important. Mayor Lowes felt this would complicate the process and should be left to the Housing Commission,, because the overall picture of CDBG is needed for a commission to make this decision. The recreation commission gave good ideas but they were too extensive at this time. Other Council Members though that this would be a good proposal. A majority of the Council agreed to place this on a future agenda. Councilman Pacheco requested that the City buy a table of 10 at St John's Fashion Show. City Attorney Olivas advised that this can be done for a non-profit if they are benefiting the community. He also observed that the Council would then have to consider all other organizations that make the same request. Council might want to set a limit and develop a policy. Council discussed this and that it had not been done in the past, with the exception of one event when a Councilwoman was honored. It was suggested that this be looked at as a budgeted item, and to consider the problems that could result with this. City Manager Mousavi suggested that we check with other cities and contact the League of California Cities for references. It was requested that this information be received before March. Councilman Lozano asked about employees that were promoted and the promotions were never brought before the City Council. He also asked to change the wording on the Proclamation to include the entire City Council, and for Dare Graduation Proclamations to be developed for each, of the schools that hold the graduation. Councilman Pacheco told about attending a deregulation seminar and about how deregulation is working. The derugulation date has been moved and there is some extra time to get Z better understanding of what is happening. He suggested that a graduate student do research to see how the City could get involved in this process. He mentioned Harvey Mudd College as a possible resource. Mayor Lowes commented on the memo from the Acting Chief on the open positions within the BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 4-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3620-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 02-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 02 04 CC MINòw @˜~XCC MIN FEB 4 1998èwGUæÞ8REGULAR MEETING OF THE CITY COUNCIL PAGE 7 OF THE CITY OF BALDWIN PARK FEBRUARY 4, 1998 police department and she named those positions. The report revealed that assigning these position has been delayed and she suggested that the importance of the positions seems to necessitate those positions being filled and there should not be a delay. Councilman Van Cleave also agreed that going ahead with this is very important. Police need this and it is important to morale. Councilman Pacheco asked if the Chief would make these choices. Chief Kies responded that there is a consensus of staff that chooses theses people. Also, that the time gap before a new chief arrives is not that close. Everyone is functioning but not at optimum level. Council suggested that the process for selecting the chief be speeded up through earlier interview dates and other processes. City Attorney Olivas suggested that this discussion should be shortened and placed on another agenda. Mayor pro tern Muse felt it would be unfair to the new chief to have these positions already filled. A new chief should have the right to fill all the positions on his own. Councilman Lozano also felt that the Acting Chief and the Interim City Manager appeared to be comfortable with waiting for a new chief and the wait will not jeopardize the safety of the City. Chief Kies requested that this discussion cease because he would not front load these positions and he is not being asked for his expertise as input. Mayor Lowes asked if there was consensus to flee the police to fill these positions. There was DO consensus. 00- MEETING RECESSED The regular meeting of the City Council recessed at 8:17 p.m. The regular meeting of the City Council reconvened at 8:20 p.m. Roll call remained the same. 00- CLOSED SESSION City Attorney Olivas stated that the Closed Session item is the approved Subsequent Need Item, which would be Anticipated Litigation, Pursuant to Government Code Section 94956.9 D). The regular meeting of the City Council adjourned to a Closed Session at 8:21 p.m. to consider BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 4-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3620-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 02-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 02 04 CC MINòw @˜~XCC MIN FEB 4 1998èwGUæÞ8REGULAR MEETING OF THE CITY COUNCIL PAGE 8 OF THE CITY OF BALDWIN PARK FEBRUARY 4, 1998 Anticipated Litigation as introduced by the City Attorney. The regular meeting of the City Council reconvened at 8:49 p.m. Roll Call remained the same. City Attorney Olivas stated that in Closed Session Staff received direction from the City Council and no action was taken. Mayor Lowes adjourned the regular meeting of the City Council at 8:50 p.m. There were no objections. LINDA L. GAIR, CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 FEB-U02 4-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3620-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 02-U02 04-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3621-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05