HomeMy WebLinkAbout1999 05 05 CC MIN1999 05 05 CC MINòw @˜ €
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8COUNCIL CHAMBERS MAY 5,1999
14403 E. Pacific Avenue Wednesday
Baldwin Park, CA 91706 7:00P.M.
The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time
and place.
ROLL CALL: Present: Councilmembers Ricardo Pacheco, Linda Gair, Mayor Pro-
Tem William Bill" Van Cleave, and Mayor Lozano
Also Present: David Olivas, City Anorney; Richard A. LeOarra, Chief
of Police; James B. Hathaway, Director of Finance; Ralph Nunez,
Director of Recreation and Community Services; Steve Cervantes,
Director of Community Development; Ana Montenegro, City
Treasurer; and Kathryn V. Tizcareno, City Clerk
ADJOURNMENT IN Mayor Lozano announced that at its conclusion, this meeting would be
MEMORY OF adjourned in the memory of Adrian Millan. The City Clerk was
ADRIAN MJLLAN instructed to write a leffer to the family on behalf of the City Council.
PRESENTZONS
PROCLAMATION Mayor Lozano read a Proclamation declaring the week of May 17
POPPY WEEK through May 22, 1999 as Poppy Week and presented it to Irene
Sandoval, American Legion Auxiliary Poppy Chairperson.
Jesse Carlos of Congressman Martinez's Office, joined the City in
declaring May 17 through May 22, 1999 as Poppy Week.
PROCLAMATION Mayor Lozano read a Proclamation declaring May 12, 1999 as
FIBROMYALGIA Fibromyalgia Awareness Day and presented it to Karen Rimel, of the
National Fibromyalgia Awareness Campaign.
Jesse Carlos of Congressman Martinez's Office, joined the City in
declaring May 12, 1999 as Fibromyalgia Awareness Day.
AWARD OF MERIT Mayor Lozano presented an Award of Merit plaque to Aristotle
ARISTOTLE RIVERA Rivera, in honor of his graduation from West Point Military Academy
and, in the top one-percent 1%) of his class.
Jesse Carlos, Congressman Martinez's Office, presented to Aristotle
Rivera, a letter prepared by the Congressman in recognition of his
accomplishments.
FAMILY FUSION Mayor Lozano presented a one hundred dollar $100.00) check each to
Mario Perez, David Villegas, Desiree Zamora, and Marlen Gutierrez of
the Family Fusion Computer Training program. These individuals
were commended for serving as instructors and mentors to other
students in the program.
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8City Council Minutes May 5, 1999 Page 2
Director Nunez stated that the City of Baldwin Park received $25,000
of grant flinds from the California Healthy Cities and Communities.
The checks that the children received were stipends to encourage
children that participated in the previous computer programs to serve as
mentors for new participants of the program.
Jesse Carlos, Congressman Martinez's Office, presented each of the
children with a Certificate of Special Congressional Recognition in
recognition of their outstanding and invaluable service to the
Community.
PUBLIC COMMUNICATIONS
TRAFFIC CONCERN David Marcon, District Administrator for Little League Baseball,
WNELAND AVBNUE California District 60, informed the Council of a traffic concern on
Vineland Avenue and requested Council action regarding this matter.
TOBACCO AWARENESS Maria Pinedo, member of Salud, informed the Council that she is
vishing businesses and citizens with a message to discourage them
from selling tobacco to minors.
COMPUTER TRArNING Larry Ortega, Executive Director of the Community Union, asked the
PROGRAM City Council to acknowledge the persons in the audience that are
participants and in support of the Computer Training Program.
METROLINK QUIET David Avila, 3848 Paddy Lane, Baldwin Park, inquired as to the status
ZONE of the application that was to be submitted by the City to Metrolink for
a quiet zone. Mr. Avila stated that this matter was discussed over a
year ago, at which time, he was informed that this matter was being
handled. To date, no action has been taken. Mr. Avila wants an
answer as to whether or not the City intends on taking action.
CONSENT CALENDAR
City Clerk Tizcareno presented the Consent Calendar as follows:
Councilwoman Gair pulled the following item from the Consent
Calendar:
1) Item IJlA Approval of Minutes
Councilman Pacheco pulled the following items from the Consent
Calendar:
Z) Item #ZD Purchase of Super Trap" Bullet Containment
System
2) Item #1E Purchase of Police Radio Equipment
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8City Council Minutes May 5, 1999 Page 3
Mayor Pro-Tern Van Cleave pulled the following items from the
Consent Calendar:
1) Item #1F Employment Agreement Interim Public Works
Director
2) Item #1G Employment Agreement Interim Chief Executive
Officer
City Attorney Olivas recommended pulling the following item from the
Consent Calendar for discussion:
1) Item #1H Salary Plan Amendment Interim Public Works
Director and Interim Chief Executive Officer
CERTIFICATE OF POSTING The Certificate of Posting for May 5, 1999 was approved.
CLAIMS AND DEMANDS Resolution No.99-25 entitled, A RESOLUTION OF THE CITY
RESOLUTION NOZ 99-25 COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING
CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN
PARK", was approved. Mayor Pro-Tern Van Cleave abstained on all
warrants to Mr. Bill's Hardware financial conflict of interest).
CLAIM REJECTIONS The claims of Tony Spriggs, #09 004A; Eduardo Salvador and Victorio
SPRIGGS, SALVADOR and Eduviges, #98 007A,B; Oceanstate Development Company, #98 014A;
EDUVIGES, OCEANSTATE and Estate of Elena A. Bautista, #98 017A; were rejected. Staff was
DEVELOPMENT COMPANY, directed to send the appropriate notice of rejection to claimants.
& BAUTISTA
PUBLIC HEARING SET Resolution No.99-34 entitled, A RESOLUTION OF THE CITY
UNDERGROUND UTILITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
DISTRICT 99-1 SETTING A PUBLIC HEARING TO DETERNINE WHETHER
RESOLUTION 99-34 PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE
REQUIRES THE FORMATION OF AN UNDER GROUND
UTILITY DISTRICT ALONG PACIFIC AVENUE", was approved
PROGRAM SUPPLEMENT Resolution No.99-35 entitled, A RESOLUTION OF THE CITY
#M002 AND AGENCY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING
STATE AGREEMENT PROGRAM SUPPLEMENT NO. M002 AND ADMINISTERING
FEDERAL AID PROJECT AGENCY-STATE AGREEMENTS NO.07-5323 FOR THE
#07-5323 IMPROVEMENT OF VARIOUS CITY STREETS".
RESOLUTION 99-35
CONSENT CALENDAR A motion was made to approve the Consent Calendar as presented.
APPROVED MOTION: Councilman Pacheco
SECOND: Councilwoman Gair
Motion Carried
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8City Council Minutes-May 5,1999 Page 4
APPROVAL OF MINUTES Councilwoman Gair corrected the minutes to read that the meeting held
on April 21, 1999 was adjourned to a Closed Session at 8:20 p.m., and
that at 9:15 p.m., the City Attorney gave the results of what was
discussed in Closed Session, and then the meeting was adjourned.
Also, the minutes must reflect the reporting action that was taken in
Closed Session. Attorney Olivas suggested that the recording device be
left on to record the actions taken in closed session.
A motion was made to approve the Minutes as corrected.
MOTION: Councilwoman Gair
SECOND: Mayor Pro-Tem Van Cleave
Motion Carried
SUPER-TRAP BULLET Upon question from Councilman Pacheco, Sergeant Kosaka mentioned
CONTAINMENT SYSTEM that this vendor is the only vendor that uses 100% rubber, while others
use fibers and metal by-products which create a safety hazard. In
addition, this vendor will remove the projectiles from the trap for the
next 20 years, at no cost to the City. It was ffirtherZmentioned that the
stainless steel sheeting was the only area of concern for added cost.
The vendor would only charge $1,000.00 at the most if there were
additional damages. Chief LeGarra noted that there is $1,000.00 in
asset forfeiture hinds that would make up any additional cost.
A motion was made to approve the purchase of Super Trap"
Containment System.
MOTION: Councilman Pacheco
SECOND: Mayor Pro-Tem Van Cleave
Motion Carried
POLICE RADIO EQLTPMENT Councilman Pacheco pulled the Purchase of Police Radio Equipment
from the consent calendar in error.
A motion was made to approve the Purchase of Police Radio
Equipment.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion Carried
EMPLOYMENT Mayor Pro Tem Van Cleave wished to explain, for the benefit of the
INTERIM POSITIONS audience, that by appointing staff members as interim's to these
positions, the City would be saving $200,000.00. Mayor Pro Tem Van
Cleave commended Chief LeGarra and Director Hathaway for a job
well done.
EMPLOYMENT AGREEMENT A motion was made to approve the Interim Public Works Director
INTERIM PUBLIC Employment Agreement with James B. Hathaway.
WORKS DIRECTOR MOTION: Councilman Pacheco
SECOND: Mayor Pro-Tem Van Cleave
Motion Carried
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8City Council Minutes May 5, 1999 Page 5
EMPLOYMENT AGREEMENT A motion was made to approve the Interim Chief Executive Officer
INTERIM CHIEF EXECUTIVE Employment Agreement with Richard A. LeGarra.
OFFICER MOTION: Councilwoman Gair
SECOND: Mayor Pro-Tern Van Cleave
Motion Carried
SUBSEOUENT NEED
SALARY PLAN City Attorney Olivas mentioned that an issue has occurred concerning
INTERIM PUBLIC WORKS the deletion of the position of Engineering Manager from the pay scale.
DIRECTOR, INTERIM A motion was made to add the position of Engineering Manager as a
CHIEF EXECUTIVE closed session item on this agenda per Government Code Section
OFFICER AND 54957, title: Engineering Manager. This item will be trailed to closed
ENGINEERING MANAGER session.
MOTION: Councilman Pacheco
SECOND: Councilwoman Gair
Motion Carried
City Attorney Olivas mentioned that action on this matter would be
handled after Closed Session.
PUBLIC HEARINGS
CONSOLIDAThD PLAN Tad Mimura presented the report requesting the City Council to
1999-2000- CDBG PROGRAM conduct a public hearing to approve the Amendment to the
AND HOME PROGRAM Consolidated Plan and approve the Annual Action Plan 7/Z//1999
6/30/2000) for the 25t'l year CDBG Program and Home Program.
PUBLIC HEARING OPENED Mayor Lozano declared the Public Hearing OPEN for public
participation.
Larry Ortega, Executive Director for the Community Union, spoke of
the Computer Training Program at Morgan Park. This program has
successfiilly graduated hundreds of individuals and is a model program.
He said that the current recommendation of $20,000 for the program
would not achieve the level of success that it once had and asked the
Council to Rind the requested amount of $36,000 to serve all the
students in the proposal and to stay on the cutting edge of technology.
Janet Zarate-Roca, 14637 California Ave., Baldwin Park, says the
Sports Scholarship has helped families and asked the Council to
continue the Rinding for these scholarships to keep kids off the streets.
Jean Carpenter, Baldwin Park, says that the Family Resource Center is
meeting tremendous needs. Ms. Carpenter would like to see the quality
of service continue and have it adequately flinded.
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8City Council Minutes May 5, 1999 Page 6
Olivia Ortiz, Baldwin Park, said that the Sports Scholarship Program
has helped many families and asked Council consideration to continue
flinding this program.
Justina Roca, Baldwin Park, said that the Scholarship Program has
helped many individuals stay off the streets and asked Council for their
continued support of the Scholarship Program.
Dan Trunco, Baldwin Park, said that the Scholarship Program has
helped keep kids out of trouble and would like to see it continued.
Gilbert Salinas, Services Center for Independent Living, says this
center has helped people with disabilities, and hopes the Council will
take into consideration the flinding that they have asked for this year.
John Miyabi, Ettie Lee Youth Endowment Services, stated that this
service has helped many kids with problems. He said that last year, this
Service aided 129 residents of Baldwin Park. If Council approves
flinding cuts to this program, the service to residents would be limited
to about 16 or 17 families.
Mary Ferrer, Baldwin Park, says the Family Service Center has helped
many people in the community and asked the council to consider the
requested amount. Ms. Ferrer feels that a portion of the $85,000 that is
recommended for the Graffiti program be distributed to the Sports
Scholarship flind instead.
Alex Romo Jr., Baldwin Park, asked Council consideration of
continued flinding towards the Sports Scholarship Fund and the Family
Fusion Programs.
Marlen Garcia, Baldwin Park, asked for continued support of the
Family Service Center, which provides many programs and services to
individuals from our community. Ms. Garcia feels that the amount
requested for the Graffiti program is too high and instead, flinds should
be appropriated to the Family Service Center.
Quintanilla Avila, Choices Program, says that the Family Service
Center helps our youth in many ways and asked Council to consider
approving the requested amount.
Emily Loeb, Baldwin Park, says that the $85,000.00 set aside for
graffiti removal should be put into taking pro-active action to alleviate
the conditions. She said that we can prevent graffiti by meeting human
needs. She said that the Family Service Center has helped her family
and by taking away flinding, they would be destroying a great program.
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8City Council Minutes May 5, 1999 Page 7
Sergio Ortiz Jr., Baldwin Park, says the Sports Scholarship has helped
many children and by keeping children active, it would keep them off
the streets.
Kathryn Tizoareno, Baldwin Park, said that the Family Service Center
would not be able to run on $10,000. If parents group together to
remove graffiti, the cost to remove it would be lowered, and the money
could be dedicated to other things.
Ralph Nunez, read a letter from Cora Lucio who said that the
scholarship program has helped her family tremendously. Without it,
her children would not be able to be active in sports programs.
PUBLIC HEARING CLOSED There being no one else wishing to speak, Mayor Lozano declared the
Public Hearing CLOSED.
Upon question from Mayor Lozano, Tadamasa Mimura mentioned that
the Graffiti Removal Program has to be listed under Public Services in
the FY 1999-2000 Annual Action Plan if Federal Funds are to be used.
Since Graffiti is a continuous process, Graffiti Removal is really a
service and there is no solution to the graffiti problem. The $85,000
shown in the Plan does not necessarily represent all of the graffiti cost.
Director Hathaway mentioned that the $85,000 represents 50% of the
cost for the Graffiti Removal Program.
After lengthy discussion of the distribution of the flinds, the Council
determined to approve the plan with the modifications as follows:
A motion was made to accept the Advisory Committee
Recommendations for the Public Services Section of the FY 1999-2000
Annual Action Plan, with the exception of removing the Roving
Recreational Unit and allocating the $25,000 and distributing $15,000
to the Educational Enhancement Program, increasing it to $35,000, and
$10,000 to the Graffiti Removal Program, increasing it to $60,000.
MOTION: Councilman Pacheco
SECOND: Councilwoman Gair
Motion Carried
A motion was made to accept the Advisory Committee
Recommendations for Economic Development at $0.
MOTION: Councilman Pacheco
SECOND: Mayor Pro-Tem Van Cleave
Motion Carried
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8City Council Minutes May 5, 1999 Page 8
A motion was made to approve the $806,632 for Public Facilities and
Improvement proposed by the E-Team
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion Carried
City Attorney Olivas recommended to combine the Home, Code
Enforcement, Rehabilitation and Preservation, Program Administration,
and Planning & Building Capacity in order to make one motion at the
end of the discussion.
A motion was made and immediately rescinded by Councilman
Pacheco to accept the B-Team and Advisory Committee
recommendations for the CDBG sections for HOME, Code
Enforcement, Rehabilitation and Preservation, Program Administration,
and Planning and Building Capachy.
A motion was made to accept the B-Team's recommendations for the
HOME section of the plan in the amount of $536,250; the Code
Enforcement section of the plan in the amount of $295.000; the
Rehabilitation and Preservation section in the amount of $210,000; the
Program Administration section of the plan in the amount of $340,000
and the Planning and Building Capacity section of the plan in the
amount of $70,000.
MOTION: Councilman Pacheco
SECOND: Mayor Pro-Tem Van Cleave
Motion Carried
REPORTS OF OFFICERSg COMMISSIONSZ AND COMMITTEES
UNIVERSAL FIRING Captain Higginbotham presented the report as follows:
PROGRAM GRANT In an effort to incrementally increase our current ratio of police officers
to residents, the Police Department has the opportunity to once again
re-apply for a Universal Hiring Program Grant. By utilizing grant
fiands over the three-year grant period, the City would save
$225,000.00
A motion was made to accept staff recommendation and authorize staff
to submit a grant application for three officers utilizing said flinds.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion Carried
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8City Council Minutes May 5, 1999 Page 9
AWARD OF CONTRACT FOR A motion was made accept staff's recommendation and award the
LIGHTING AT MULTI- contract to Power Distributor's Inc., in the amount of $36,424, for
PURPOSE FIELD MORGAN the installation of lighting at the multi purpose field in Morgan Park.
PARK, CII) 834 MOTION: Councilman Pacheco
SECOND: Councilwoman Gair
Motion Carried
SUMMER LUNCH A motion was made to approve the application for participation in the
PROGRAM Summer Lunch Feeding Program.
SUMMER LUNCH FEEDING) MOTION: Councilwoman Gair
PROGRAM SECOND: Mayor Pro-Tem Van Cleave
Motion Carried
SCHOOL BOARD A motion was made to appoint Councilman Pacheco and
LIMSONS Councilwoman Gair to serve as liaisons to the Baldwin Park Unified
School District.
MOTION: Mayor Pro-Tem Van Cleave
SECOND: Mayor Lozano
Motion Carried
COUNCILISTAFF REOUESTS AND COMMUNICATIONS
BALDWIN PARK Mayor Pro-Tem Van Cleave mentioned that on Saturday, May 15,
BEAUTIFUL CEREMONY 1999, there will be a Baldwin Park Beautiflil Award Ceremony and
everyone is invited to attend.
METROLINK QUIET ZONE Mayor Lozano requested status report on the quiet-zone request and
UPDATE for a report on this matter.
POW WELCOME HOME He also wanted to begin the planning for the celebration of the return of
CELEBRATION Staff Sergeant Andrew Ramirez.
Director Nunez mentioned that at the request of the Army, the city
should not do anything and was advised that the City of Montebello is
already doing something for Andrew Ramirez on May 20, 1999.
Mayor Lozano stated that we should still have an event for Andrew
Ramirez. Many of the citizens want to hold this event, and we are
committed to holding this event. Councilwoman Gair requested
writing a letter to the City of Irwindale to request borrowing their float,
decorating it ourselves, and ask the City of Montebello to allow this
float to be in their parade to show community effort. She also
suggested using some of the Council Conference Money to decorate the
float.
SURRY SEAL PROJECT Director Hathaway informed the Council that the City Hall and
Metrolink parking lots will be slurry sealed between May 7-9, 1999.
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8City Council Minutes May 5, 1999 Page 10
METROLINK STATION Mayor Lozano suggested lighting the mission arch at the Metrolink
LIGHTING Station at night with different colors to bring it out.
RECESS The Council recessed at 8:20 p.m. and reconvened at 9:15 p.m. with all
members present.
CLOSED SESSION
The City Council adjourned to a Closed Session at 9:16 to consider the
following:
A. PUBLIC EMPLOYEE DISCIPLINEIDISMISSAL/RBLEASE
Section 54957).
ACTION: No Reportable Action Taken
B. PUBLIC EMPLOYMENT Section 54957)
TITLE: Engineering Manager
ACTION: The Position of Engineering Manager was re-
instated in the Salary Plan.
The City Council reconvened at 10:20. Roll call remained the same.
SALARY PLAN AMENDMENT A motion was made to waive flirther reading and adopt Resolution
INTERIM PUBLIC WORKS No.99-33 entitled, A RESOLUTION OF THE CITY COUNCW OF
DIRECTOR, INTERIM THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO.
CHIEF EXECUTIVE OFFICER 99-17 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE
AND ENGINEERING MANAGER CITY OF BALDWIN PARK".
RESOLUTION NO.99-33 MOTION: Mayor Pro-Tem VanCleave
SECOND: Mayor Lozano
Motion Carried
ADJOURN Mayor Lozano announced that this meeting would be adjourned to
Thursday, May 13, 1999 at 6:30 p.m. for a budget briefing in City Hall
Complex, Room 307.
There being no other maffers for discussion, the meeting was
adjourned at 10:30 p.m. in the memory of Adrian Millan.
Approved as presented by the Council at their meeting held June 2,
1999.
Rosemary M. Ramirez, Deputy City Clerk
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