HomeMy WebLinkAbout1998 06 03 CC MIN1998 06 03 CC MINòw @˜ > CC MIN JUN 3 1998[Þ›[H8 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CITY HALL, 14403 EAST
PACIFIC AVENUE, WEDNESDAY, June 3,1998
The City Council met in a regular meeting 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,
Chief of Police LeGarra,
Dir. of Public Works Mousavi,
Dir. of Community Dev. Cervantes,
Interim Director of Finance Sanchez,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro, and
City Clerk Gair
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PRESENTATIONS
Captain Kies introduced Chief of Police LeGarra and gave a brief background of his extensive
professional experience and education. City Clerk Gair administered the Oath of Office to the new
Chief of Police and Mayor Lowes pinned on his new badge.
Chief LeGarra thanked the City Council and commented on having a fine police department here
in the City. He stated that he has friends that live in the community and that they are present tonight.
He introduced his family and also spoke of his support and his commitment to the City and the
police department.
City Council Members welcomed Chief LeGarra and referred to the great amount of enthusiasm
that he brings to the department. They commented on the number of officers that were present
tonight and what a special occasion that this makes the evening. They told of the Chief's reputation
and the respect that has been stated from many of his former co-workers, how they have appreciated
his attendance at many events, and felt there would be a lot of community support for his
appointment. Council stated that he has their support and that they will be behind his efforts and
anxious for the new ideas that will be implemented. They reminded the Chief of the team effort that
is here in the City among the employees and the Council, and extended a warm welcome to the chief
and his family.
All the City Council thanked Captain Dennis Kies for his past work and for the work that he will
continue do. They expressed appreciation for his support of the new chief.
Senior Citizens of the Year were honored by the County Board of Supervisors on May 21, 1998
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1998 06 03 CC MINòw @˜ > CC MIN JUN 3 1998[Þ›[H8REGULAR MEETING OF THE CITY COUNCIL PAGE 2
OF THE CITY OF BALDWIN PARK JUNE 3,1998
at the Dorothy Chandler Pavilion for their work. Honorees were Ann Siegfried and Natividad
Luciano for their unselfish contributions to the Community through their volunteerism. They
have brought favorable recognition to the City.
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Mayor Lowes declared Oral Communications open and invited those wishing to speak on any
subject to come forward at this time.
Pat Mayorga, president of the Chamber of Commerce, local business owner, urged the Council
to consider that the chamber has been an institution in the City for many years and continue the
AB1693 funds that are at the 50% level and continue to use as funds to the Chamber of Commerce.
She commented on the materials that were handed to the staff and council from the chamber.
Carlos Torres, representative from Senator Solis' Office, commended and honored both Mrs.
Siegfried and Mrs. Luciano with certificates from the Senator.
Residents from Baldy View Trailer Park, expressed to the Council 1) their thanks to Mayor pro
tem Lozano for his help with the owner; 2) nothing has been done by the owner; 3) the natural gas
will be turned off at the trailer park July 1st and the tenants will have to provide their own propane;
4) they want Council to stop the change over in the gas; 4) their concern for the kids around the
propane tanks; 5) that there are rats in the park; 6) the kids are harrassed by the police; 7) the cars
are being towed that belong to the tenants; and 8) they feel that what is being done to them is illegal,
because the owner wants them out and will pay them $500 to leave. Those speaking were: Maria
Kingsley, Maria Ruiz, Beatrice Torres, Jesus Lopez and Teresa Garcia.
Patricia Silva, resident, complained about her vehicle that was towed from a house and the
information she was given regarding her car. She spoke of her difficulties with the watch
commander and the trunk of her car being pried open by Royal Coaches. Her new battery was also
missing and this happened to several of the other vehicles that were towed.
Marlen Garcia, resident, congratulated LeGarra on being sworn in. As a Recreation Commissioner
she informed the Council of the Teen Center that the commission is considering. She explained
what the center is about and how this will benefit the teens in this community.
Dan Trunco, resident, commented that he believed that Code Enforcement should go out and check
places like the trailer park so they are kept up. He felt that without code enforcement the City would
be trashy and he supports code enforcement.
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1998 06 03 CC MINòw @˜ > CC MIN JUN 3 1998[Þ›[H8REGULAR MEETING OF THE CITY COUNCIL PAGE 3
OF T}THE CITY OF BALDWIN PARK JUNE 3,1998
Conrado Magdalena, resident, commented on the new lawsuit that has been filed against the City
and it being part of the former city manager. He believes this will cost the City money and he is
going to contact Palo Alto and let the newspapers know what the former city manager is all about.
He also commented on sexual harassment cases, the problems that creates, and on the browning up"
of City Hall versus the whiting down".
Kathryn Tizcareno, resident, wanted the City to stop doing business with Mr. Bill and go to Home
Depot. She felt that this was a conflict of interest.
Dolores Holguin, resident, requested an investigation of the take home cars that the executive team
members use, due to budget constraints. The water district stopped this and she believes the
executive team has no accountability. She felt this was a gift of public funds and they should use
their own cars.
Margarita Vargas, resident, congratulated the City for letting the students participate in the
drawings that will go in the bus stops.
There being no other speakers, Mayor Lowes declared Oral Communications Closed.
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CONSENT CALENDAR
City Clerk Gair presented the Consent Calendar:
1. Approval of Certificate of Posting for June 3, 1998
2. Waive Further Reading and Adopt
RESOLUTION NO.98-44- ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
Warrants to Mr. Bill's Hardware Financial
Conflict of Interest Council Member Van
Cleave Abstains)
3. Waive Further Reading and Adopt
RESOLUTION NO.98 45- AMENDING RESOLUTION NO.96-51
ESTABLISHING CERTAIN RULES AND
REGULATIONS PURSUANT TO SECTION
3500 ET SEQ. OF THE GOVERNMENT CODE
OF THE STATE OF CALIFORNIA RELATING
TO EMPLOYER-EMPLOYEE RELATIONS
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1998 06 03 CC MINòw @˜ > CC MIN JUN 3 1998[Þ›[H8REGULAR MEETING OF THE CITY COUNCIL PAGE 4
OF THE CITY OF BALDWIN PARK JUNE 3, 1998
4. Approve Plans and Specifications and Advertise Slurry Seal Program 1998-99
CIP 801
5. Approve Appropriation of Additional SB 821 Funds Construction of Safe Route to
School Sidewalk Project CIP 704
6. Approve Appropriation of Funds DayCare Program Latch Key)
7. Approve Professional Services Agreement David M. Griffith & Associates
8. Award of Contract Inspection Services for Construction of Central Park West
ASL Consulting Firm CIP 724
It was moved and seconded to approve the Consent Calendar as presented. M/S/C: LOZANO!
MUSE. There were no objections.
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PUBLIC HEARING
Mayor Lowes introduced the Public Hearing pertaining to Consideration of a Certificate of
Public Convenience and Necessity in compliance with Section 123.02 of the Baldwin Park
Municipal Code. Applicant: San Gabriel Transit, Inc. Dba Independent Yellow Cab, 2623 River
Avenue, Rosemead, CA 91770)."
Deputy City Clerk Parks, who is in charge of Business Licensing, reported on the process that is
necessary for the taxicab companies to complete in order to come before the City Council for
approval for a Certificate of Public Convenience and Necessity Independent Yellow Cab
completed all the necessary paperwork and has passed all inspections that are required by the police
department. All drivers have submitted fingerprints and have been approved. All paperwork is in
order and prepared for the decision of the City Council.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak: pertaining to
the Certificate of Convenience for Independent Yellow Cab to come forward. There were none
Teresa Vargas, student and resident, commented on a problem that the students have with one of
the drivers that is a Dial-a-Ride driver.
Jonathan Crispman, Vice President of Independent Yellow Cab, stated that they are also the
contractors for the BP Dial a Ride and Ms. Vargas' problem can be addressed. The contract with
City for Dial-a-Ride is supplemented by taxicab service in the city. In response to Councilman Van
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OF THE CITY OF BALDWIN PARK JUNE 3,1998
Cleave, he stated that the Dial-a-Ride service will not be affected by their company providing taxi
service. This will help with that service.
Mayor Lowes declared the Public Hearing closed.
It was moved and seconded to approve the Certificate of Public Convenience and Necessity for
San Gabriel Transit, Inc., dba Independent Yellow Cab for taxicab services in the City. M/S/C:
MUSE/LOZANO. There were no objections.
Mayor Lowes introduced the Public Hearing pertaining to Consideration of Approving the
Execution and Delivery of Health Care Certificates of Participation by the San Bernardino
Associated Communities Financing Authority to benefit Lincoln Hospital and related
facilities."
City Clerk Gair explained that this request is to approve a resolution approving the execution and
delivery of tax-exempt health care certificates of participation issued by SANBAC to finance the
purchase of MediManager, Inc., by Family Clinics Foundation. This public hearing and adoption
of the resolution are requirements of the Internal Revenue Code. There is no fiscal impact to the City
regarding this transaction and all advertising, printing and staff time will be charged back to Family
Clinic Foundation.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak pertaining to
the San Bernardino Associated Communities Financing Authority to come forward. There were
none.
John Carvelli, from the Lincoln Hospital Medical Center, stated that he was available for questions.
In response to Council Member Muse he stated that this will be a community clinic and they will
treat patients regardless of their ability to pay.
Mayor Lowes declared the Public Hearing closed.
It was moved and seconded to adopt Resolution No.98-46, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE EXECUTION AND
DELIVERY OF HEALTH CARE CERTIFICATES OF PARTICIPATION BY THE SAN
BERNARDINO ASSOCIATED COMMUNITIES FINANCING AUTHORITY TO BENEFIT
LINCOLN HOSPITAL AND RELATED FACILITIES." M/S/C: LOZANO/MUSE. There
were no objections.
Mayor Lowes introduced the Public Hearing on, Consideration of the 1998-99 Proposed Annual
Budget" and CONTINUED the Public Hearing to the meeting of June 17, 1998.
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1998 06 03 CC MINòw @˜ > CC MIN JUN 3 1998[Þ›[H8 REGULAR MEETING OF THE CITY COUNCIL PAGE 6
OF THE CITY OF BALDWIN PARK JUNE 3,1998
REPORTS OF OFFICERS. COMMISSIONS AND COMMITTEES
Director of Community Development Cervantes reported on the Status Update on Economic
Development Consultant Recruiting for the Various Key Sites in the City. He referred to the past
discussion of this issue and the attached scope of services that are being offered relative to this. He
is considering an invitation to invite three consultants back to give a presentation at the next
scheduled meeting. He asked for Council input.
Councilman Pacheco stated how important economic development is and he wants to have a
presentation from them in a two hour study session prior to the next meeting. He wants to know
how they would approach this for our organization, what do they recommend that we be doing and
what else can they advise us to do. Exactly how should we go about this and what would be the
overall strategy that they use. What would be their milestone reports. What businesses would best
fit into the city.
Council requested that this be put on the agenda and if one of the contract appears to be feasible
to take action. They felt that time is slipping away and something must get done. Council does not
like the rush that there is when this is done in one hour. They also clarified that the fluids would
come from the $17,000 transfer of All American City Funding and that they would a be asking for
chunks of service and have increments of recommendations that could be considered. Council
directed that a two hour study session be held on June 17 at 5:00 p.m.
Director of Community Development Cervantes reported on the Status Update on Section 108 Loan
Application/New Grant Opportunity on Requesting Consultant Proposals. He explained the
new Economic Development Initiative Grant which is a component of the 108 Loan Program. This
is more competitive that the 108 loan. He will be requesting that the proposal be taken from
consultants that are experts in this field. This would not be a loan but would be a grant. The amount
for the consultant would be approximately 15 to 25 thousand dollars.
Mayor pro tern Lozano asked for consultant assistance along with the in-house work that is done.
Councilman Pacheco requested that we go ahead and put out requests for proposals in letter and ask
to finalize the application.
It was moved and seconded to direct staff to request consultant proposals to assist in finalizing
our Section 108 Loan and Economic Development Initiative Grant Application. M/S/C:
PACHECO/MUSE. There were no objections.
The award of contract for public works services for Sid Mousavi was pulled from the agenda
for a later date.
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OF THE CITY OF BALDWIN PARK JUNE 3,1998
Mayor pro tern Lozano commented on the agenda item he had requested concerning Next best
Thing to Owning a Home" and stated that he felt that there were some improprieties concerning the
loan that was given to a son of the mayor. He asked questions of Director Cervantes about the
processes that were done to get this loan for her son and the director confirmed that all processes
were not complete. He challenged the mayor for doing what he considered to be improper because
she is a member of the Agency Board and he referred to a letter he had from a law firm relating to
this loan being done in the manner it was done. He described the house and felt that it was too grand
for this type of program. He requested that this entire incident be turned over to the District
Attorney's Office. He told the mayor he was not accusing her, but there is one individual that is
responsible for all of this.
Council Member Pacheco read the report out loud that told of denial the by the loan committee,
the resignation of some of the members, and the ultimate approval of the loan at the direction of the
city manager. He felt this was a conflict of interest for the loan to be approved for an elected
official's son. He requested a copy of HUD's response to this loan being legal, a listing of what
special loans were used, and any special source of funding and to indicate if this was done for other
residents.
Mayor Lowes commented that she had done nothing wrong, that the entire Council, as Agency
Board, saw all the names that were on the list. She requested to see or discuss the letter from another
law firm that Mayor pro tern Lozano had referred to tonight. She commented on letters of
documentation showing that she did not do anything wrong and asked the City Attorney to comment
on the answer he had already given her.
City Attorney Olivas stated there may have been a violation in the process that was done, but no
one voted for it, including the Mayor, as Chairman of the Agency. He explained that the mayor did
not vote to transfer the property and she did nothing wrong, in fact, the entire Agency did not
approve this transaction. He also commented that the recalling of the property and what the legal
ramifications are regarding all of this will have to be researched. He also stated that the letter that
Mayor pro tern Lozano has should be considered in a Closed Session. Council would have to give
up privilege to disclose the letter at this time.
Councilman Van Cleave commented that there was a loan like this done for a member of former
Mayor Vargas' family, also.
Mayor pro tern Lozano requested that Director Cervantes complete the investigation of this entire
matter and that no information be withheld from the Council.
Councilman Van Cleave commented that he was not nodding about code enforcement as someone
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OF THE CITY OF BALDWIN PARK JUNE 3,1998
had indicated, but nodding that trailer parks are not a code enforcement issue. Trailer parks are
controlled by the State. He also commented on the criticism made about the City purchasing items
from his hardware store. The City does not have a contract to purchase. They pick up on an as
needed basis. He said that residents should tell the City to buy from Nichols or some where else in
the City, but don't have them leave town to buy. The opinion of the City Attorney is that there is no
reason why he should not sell to the City.
Council Member Muse attended an Independent Cities Conference and they explained a First Rate
Mortgage Program. She presented resolutions in order for this program to proceed and asked that
they be placed on the next agenda. She also needs an alternate person for ICA as a designated
representative" and requested that be brought at a later date.
Director Mousavi announced the ground breaking ceremony on Saturday June 13, at 3:00 p.m. for
the Central Park West Project.
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The regular meeting of the City Council recessed at 8:15 p.m.
The regular meeting of the City Council reconvened at 9:10 p.m. Roll call remained the same.
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CLOSED SESSION
The City Council adjourned to a Closed Session to consider Conference With Legal Counsel
concerning Significant Exposure to Litigation pursuant to Section 54956.9(b), regarding
Proposition 218 Issues.
The City Council reconvened at 9:34 p.m. Roll Call remained the same.
City Attorney Olivas explained that in Closed Session the Council discussed the item as indicated
and gave direction to staff. No further action was taken.
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Mayor Lowes adjourned the regular meeting of the City Council at 9:35 p.m. There were no
objections.
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