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Home My WebLink About1999 08 18 CC MIN1999 08 18 CC MINòw @˜€CC MIN AUG 18 1999à›[H!ç8COUNCIL CHAMBER AUGUST 18,1999 14403 E. PACIFIC AVENUE WEDNESDAY BALDWIN PARK, CA 91706 7:00 P.M. The CITY COUNCIL and of the City of Baldwin Park met in regular session at the above time and place. ROLL CALL: Present: Council Members Ricardo Pacheco, Linda Gair, Mayor Pm-Tern William Bill" Van Cleave, and Mayor Manuel Lozano. Also Present: Arnold Alvarez-Glasman, City Attorney; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Steve Cervantes, Director of Community Development; Ralph Nunez, Director of Recreation and Community Services; Kathryn V. Tizeareno, City Clerk; and Rosemary Ramirez, Deputy City Clerk. PROCLAMATIONSICOM MENDATlONSZPRESENTIONS CERTIFICATES PRESENTED Mr. Ralph Nunez awarded certWicates to Piranha Swim TO BALDWIN PARK Team partidpants and commended all participants for a RECREATION DEPARTMENT job well done during their competition against Whittier. PIRANHA SWIM TEAM Mr. Nunez announced that the Piranha's are now on PARTICIPANTS their way to the championships. PUBLIC COMMUNICATIONS INTRODUCTION OF NEW Mayor Lozano intmduced Arnold Alvarez-Glasman as CITY ATTORNEY the newly appointed City Attorney for the City of Baldwin Park. A MOMENT OF SILENCE IN Mayor Lozano asked that we take a moment of silence MEMORIUM in memory of those killed in the recent violent tragedy at the Sherman Oaks Jewish Community Center. SILENT SECOND GUIDELINES Don Cook, 14579 Channing, expressed concern with item H on the consent calendar. Mr. Cook added that people have been waiting for over 18 months and asked the status of this particular issue. Attorney Alvarez-Glasman advised Mr. Cook that items H and L would be taken off of the City Council Consent Calendar and, that item A would also be removed from the Community Redevelopment Agency Consent Calendar. Attorney Alvarez-Glasman invited those wishing to speak to come forward, however, restated that these items would be removed from tonights agenda and no action would be taken. David Cook, Baldwin Park, stated that the proposed silent second guidelines would affect many people in the program. Some of these people are out of their BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 18-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3903-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 08-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 08 18 CC MINòw @˜€CC MIN AUG 18 1999à›[H!ç8City Council Minutes August 18,1999 Page 2 homes already and staff is holding them up. He further stated that if the federal government changes their rates, it will affect these individuals. Attorney Alvarez-Glasrnan stated that he has been and will continue to be in dialogue with Mr. Cook's attorney regarding this mailer. Jack Wong, Baldwin Park, stated he has been waiting almost one year and is opposed to the new policy changes. Mr. Wong said that many people are affected by the changes and asked staff to continue with existing process. NURSING REFORM Sally Wieck, resident, invited the City Council to attend a nursing home reform sponsored by Hilda Solis on Friday, August 20,1999, at Performing Arts Center. CONSENT CALENDAR City Clerk Tizeareno presented the consent calendar as follows: Councilwoman Gair pulled the following items from the Consent Calendar for discussion: 1) Item B" CLAIM AND DEMANDS; 2) Item D" RESUBMISSION OF CHAMBER BUILDING DAMAGES; and 3) Item J" BALWIN PARK TRANSIT ANNUAL REPORT. Attorney Alvarez-Glasman requested that the following items be pulled from the Consent Calendar: 1) Item H" APPROVAL OF SILENT SECOND GUIDELINES FOR CURRENT AND FUTURE ADFORDABLE HOUSING PROJECTS; 2) Item L" DEVELOPER FEE REIMBURSEMENT REQUEST A motion was made to pull items B, D, Jr H, and L from the consent calendar for further discussion. MOTION: Mayor Pro Tern Van Cleave SECOND: Councilmember Pacheco CERTIFICATE OF POSTING Certificate of Posting for August 18, 1999, was approved. APPROVAL OF MINUTES The minutes of July 7, 1999, regular and study session, were approved as presented. BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 18-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3903-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 08-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 08 18 CC MINòw @˜€CC MIN AUG 18 1999à›[H!ç8City Council Minutes August 18,1999 Page 3 TREASURER'S REPORT The Treasurers report for July 30,1999, was received and tiled. DECLARING THE PORTION OF GARVEY Resolution No.99-73 entitled, A RESOLUTION OF AVENUE OVER BIG DALTON WASH AS THE CITY COUNCIL OF THE CITY OF BALDWIN PART OF THE COUNTY SYSTEM OF PARK, CALIFORNIA CONSENTING TO THE HIGHWAYS ESTABLISHMENT OF THE PORTION OF GARVEY AVENUE OVER BIG DALTON WASH WITHIN SAID CITY AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES", was approved. AWARD CONTRACT FOR THE The contract for the constmction of FY99-2000 Gas CONSTRUCTION OF FY99-2000 GAS Tax Street Improvements was awarded to All American TAX STREET IMPROVEMENTS, CIP 850 Asphalt in an amount of $361,343.96. The Mayor was authorized to execute the necessary documents and the City Engineer was authorized to execute any change orders in an amount not to exceed ten percent 10%) of the original contract amount. CLAIM REJECTION RAMONA City Council rejected the claim of Ramona CONDOMINIUM HOMEOWNER'S Condominium Homeowners Association Qisela ASSOCIATION YSELA BENEVI DES Benavides) and staff was directed to send the appropriate notice of rejection to claimant. RENEWAL OF MAINTENANCE The maintenance agreement with Versatile Information AGREEMENT RACAL VOICE Products, Inc., in the amount of $3000.00 was approved LOGGER EQUIPMENT for the maintenance of the Police Departments Racal Voice Logger equipment. CONSOLIDATED FIVE YEAR PLAN The contract was awarded to Cotton Beland & JULY 1, 2000 JUNE 30, 2005 AND THE Associates, Inc., in an amount of $17,170.00 for the ANNUAL ACTION PLAN JULY 1, 2000- purpose of completing the Consolidated Five Year and JUNE 30, 2001 the Action Plans. Director of Community Development was authorized to execute all necessary documents. CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as presented. MOTION: Councilwoman Gair SECOND: Councilman Pacheco CLAIMS AND DEMANDS Councilwoman Gair made reference to Check #112434 on page 17 of the claims and demands register, Purchase of leather executive chair' in an amount of $1,200.00. Councilwoman Gair feels that the amount paid for the chair is exorbitant and stated that she is voting no on payment of this specific claim. A motion was made to approve the Claims and Demands as presented and waive further reading and adopt Resolution No.99-71 entitled, A RESOLUTION OF THE CITY COUNCIL OF HE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK". MOTION: Councilwoman Gair BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 18-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3903-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 08-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 08 18 CC MINòw @˜€CC MIN AUG 18 1999à›[H!ç8City Council Minutes August 18, 1999 Page 4 SECOND: Councilman Pacneco Mayor Pro Tern Van Cleave abstained on all warrants to Mr. Bill's Hardware financial conflict of interest). Councilwoman Gair voted uno3) on Claim No.112434 RESUBMISSION OF CHAMBER Councilwoman Gair apologized to Ms. Caroll Oliver of BUILDING DAMAGES the Chamber of Commerce and explained that at the last meeting, when this mailer was before the City Council, there was not enough information provided to the council, to make an informed decision. A motion was made to approve the reimbursement for damages to the Chamber of Commerce in the amount of $3,275.00. MOTION: Councilwoman Gair SECOND: Councilman Pacheco BALDWIN PARK TRANSIT Councilwoman Gair asked that this mailer be brought ANNUAL REPORT back before the City Council at their next meeting and asked that it be heard under Reports of Officers. A motion was made to continue this mailer to the September 1,1999, meeUng. MOTION: Councilwoman Gair SECOND: Councilman Van Cleave SILENT SECOND GUIDELINES FOR Ailomey Alvarez-Glasman stated that this mailer will be CURRENT AND FUTURE HOUSING tabled until a later date at which Ume, legal counsel will PROJECTS have had ample time to review this mailer. Mayor Lozano requested an immediate response from staff in the form of a status report on this mailer. A motion was made to table this mailer until further notice. MOTION: Councilwoman Gair SECOND: Councilman Pacheco DEVELOPER FEE REIMBURSEMENT Ailomey Alvarez-Glasman stated that the developer, Elias Construction Company, has withdrawn his request for reimbursement with an explanation that his request was submiiled in error with no basis for reimbursement. PUBLIC HEARINGS CONGESTION MANAGEMENT PROGRAM Director Cervantes presented the report as follows: CMP) LOCAL IMPLEMENTATION REPORT The City's Local Implementation Report LI R) for the reporting period of June 1,1998 to May 31,1999 shows that Baldwin Park has a positive balance of 4,511 credit points, which means that the City is in compliance with the Deficiency Plan requirements of the CMP. The balance was arrived at by subtracting the mitigaUon goal debit points from new construction) from the sum of the current year credit claims and adjustments and BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 18-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3903-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 08-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 08 18 CC MINòw @˜€CC MIN AUG 18 1999à›[H!ç8City Council Minutes August 18,1999 Page 5 last years credit carry over. The debit points are received when the city approves building permits for development pmjects. The debit point values are based on the formulas in Section 1 of the allached LIR. Credit points are received when a city implements a transportation improvement or mitigation project from CMP Toolbox of Strategies". Mayor Lozano declared the Public Hearing OPEN for public participation. There being no one wishing to speak, Mayor Lozano declared the Public Hearing CLOSED. A motion was made to adopt Resolution No.99-72 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089". MOTION: Councilwoman Gair SECOND: Councilman Pacheco REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES DESIGN REVIEW COMMITTEE Director Cervantes presented the report as follows: It is requested that the City Council review the corresponding agenda material and at the next joint City CounciliPlanning meeting, determine what type of Design Review commiflee would best serve the community. At the present time, we are in the process of amending the Geneml plan. It is recommended that after the joint City Council and Planning Commission meeting, if the consensus is to amend or change the design review format by adding different levels of involvement then that can be done at that time. The information provided this evening is for Information and discussion. Councilwoman Gair stated that she does not support the idea of the City Council and Planning Commission deciding what the design review guidelines should be. It is Councilwoman's Gair feeling that this decision should be made by the City Council. She further expressed concern that she does not believe that we are in compliance with the ordinance. BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 18-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3903-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 08-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 08 18 CC MINòw @˜€CC MIN AUG 18 1999à›[H!ç8City Council Minutes August 18,1999 Page 6 After lengthy discussion, a motion was made to receive and file the report as presented, and obtain a legal written opinion from legal counsel, on the section of the code relating to the design review committee. MOTION: Councilwoman Gair SECOND: Mayor Pro Tem Van Cleave COUNCILISTAFF REQUESTS AND COMMUNICATIONS PERSONNELIRISK MANAGER Director Nunez presented the report as follows: POSITION RECRUITMENT The Executive Team has met to review the applications that were received for the Personnel/Risk Manager position. A total of eight 8) applications were received. After completing the screening process, we were able to narrow the field to four 4) possible candidates. Upon further review of the applications, it was determined that the applicants only met the minimum requirements for the position. Staff also met with Roberto Velasquez of Progressive Employee Management PEM), a consulting firm specializing in human resource management services. Based on a proposal submitted, PEM would offer their services for the 1999-00 budget year with fund allocation to the Personnel Department at it's current budgeted amount of $234,369.00. Due to their PEM'S) limited experience in personnel and risk management with city government, it is the consensus and recommendation of the Executive Team to continue with the recmitment and fill this position with a full time city employee. The Executive Team would like to further explore the strategic planning component of the presentation and discussed the possibility of utilizing their services for future team building, the preparation of employee policies and procedures and strategic planning. A motion was made to accept the recommendation of the Executive Team and pursue the recmitment of a fullAime city employee for the position of Personnel/Risk Manager and, defer the mailer of possibly utilizing the strategic planning services of PEM, to a study session, allowing ample time for a presentation. MOTION: Councilwoman Gair SECOND: Mayor Pro Tem Van Cleave CITATION PROCESS In response to Councilwoman Gair's question with regards to utilizing grant funds to purchase the necessary equipment so that the city can once again BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 18-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3903-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 08-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 08 18 CC MINòw @˜€CC MIN AUG 18 1999à›[H!ç8City Council Minutes August 18,1999 Page 7 begin processing its own traffic citations, Captain Higginbotham stated that negotiations are currently underway between the City and the Baldwin Park School District to establish a Joint Powers Agreement The City Council and City Attorney will be updated on the progress of the agreement. Captain Higginbotham further stated that an assessment will be conducted at which time, this request will be added to said assessment. LIFEGUARD CERTIFICATE INQUIRY City Clerk Tizcareno asked Director Nunez to look into the issuance of the Red Cross Certificates to those lifeguards who have participated in the certification process. GUN ORDINANCE UPDATE Mayor Lozano asked staff for an update to his previous request to a Gun Control Ordinance. OFFICERS COMMENDED Mayor Lozano commended Sgt. Ken Hart, Officer Rudy Hemandez, and Officer Rick Villanes, who were present and enforced the situation during the concert series) where our police volunteers had been threatened by certain individuals. DIA DE LOS NINOS PROGRAM Director Nunez stated that he met with representatives of Citms Valley Health Partners who have asked if the City of Baldwin Park would consider hosting a Dia De Los Ninos Program a health screening and day of activities for children). Citms Valley Health Partners will underwrite the program with donations and funding. The City would provide the Morgan Park facility. QUIET ZONE UPDATE Transit Coordinator Kara Bouton informed the Council that the City of Covina has approved a preliminary design as a quiet zone district. It is yet unknown if Metrolink will respect the application, however Transit Coordinator Bouton will update the City Council on this matter. COMMISSION APPOINTMENTS Councilman Pacheco asked that the application of Sally wieck and all other Housing Commission applicants be brought back to the City Council at their next meeting for re-consideration. CLOSED SESSION The City Council recessed to Closed session at 8:59 p.m. and reconvened at 9:58 p.m. with all members present. City Attorney Alvarez-Glasman reported the action as follows. BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 18-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3903-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 08-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1999 08 18 CC MINòw @˜€CC MIN AUG 18 1999à›[H!ç8City Council Minutes August 18,1999 Page 8 CONFERENCE WITH LEGAL Significant exposure to litigation pursuant to COUNSEL ANTICIPATED LITIGATION Government Code Section 54956.9(b)(1 b). GC 54956.9) Number of Cases: One 1) ACTION: Legal counsel provided briefing. No further action on this mailer was taken. ADJOURN There being no further items to be discussed, the meeting adjourned at 9:59 p.m. Approved as presented by the Council at their meeting held October 20,199 Rosemary M. Ramirez Deputy City Clerk BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 18-U02 1999-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 FO3903-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1999-U02 08-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3888-U03 DO3920-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05