HomeMy WebLinkAbout1999 11 03 CC MIN1999 11 03 CC MINòw @˜ Ü CC MIN NOV 3 1999[Þ›[H!´8COUNCIL CHAMBER NOVEMBER 3, 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: Council Members Ricardo Pacheco, Linda
Gair, Mayor Pro-Tern William Bill" Van Cleave, and
Mayor Manuel Lozano.
Also Present: Arnold Alvarez-Glasman, City Attorney;
Dayle Keller, Interim Chief Executive Officer; Richard A.
LeGarra, Chief of Police; James B. Hathaway, Director
of Finance; Ralph Nunez, Director of Recreation and
Community Services; Ana Montenegro, City Treasurer;
and Rosemary Ramirez, Deputy City Clerk.
PROCLAMATIONS/COMMENDATIONS/PRESENTIONS
CERTIFICATE OF RECOGNITION Mayor Lozano, joined by the City Council presented
SENATOR HILDA SOLIS Senator Solis with a Certificate of Recognition for her
unending and dedicated service to her district,
specifically to the City of Baldwin Park. Mayor Lozano
especially thanked Senator Solis for her efforts in
granting the City of Baldwin Park $250,000 for use
towards a Teen Center, and for her advocacy and
representation to the successful passage of 5B216
which will create an urban area of Los Angeles County,
being the first San Gabriel River and Mountain
Conservancy Legislation.
Senator Solis stated that she is honored to be a
representative of the City of Baldwin Park and
recognized the Baldwin Park as a Hallmark City" for its
many progressions and community involved programs it
offers its citizens.
At this time, Senator Solis spoke in support of an
agenda item on tonights pertaining to the reopening of
the Model Domestic Violence Courtroom at Citrus Court
Senator Solis implored the Council to support and adopt
a resolution declaring its support of this item.
PRESENTATION BY NATIONAL Ms. Darby Mangen, President of NOW, circulated a
ORGANIZATION OF WOMEN NOW) partial list of public officials and organizations that have
RE SUPPORT OF REOPENING OF worked and supported to open the court. Ms. Mangen
MODEL DOMESTIC VIOLENCE listed a few of the individuals and organizations in
COURTROOM AT CITRUS COURT support of NOW, including, but not limited to District
Attorney Gil Garcetti, La Puente City Council, Monterey
Park City Council, Citrus Court Judge Patrick Murphy;
Supervisor Gloria Molina; Assemblyman Gallegos;
Senator Baca; Senator Escutia; and YWCA-Wings
Shelters.
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1999 11 03 CC MINòw @˜ Ü CC MIN NOV 3 1999[Þ›[H!´8City Council Minutes November 3,1999 Page 2
Ms. Mangen quoted Janet Reno as saying, we want to
push for expansion of specialized courts catering to
domestic violence cases- It is unconstitutional that
there are more traffic courts than courts dealing with
domestic violence cases".
Ms. Mangen urged the Council for their favorable
support to reopen the Model Domestic Violence
Courtroom at Citrus Court and asked that the sample
resolution be adopted this evening.
Mayor Lozano commented that we have the tendency
to say, we're not going to get involved" when it comes
to domestic violence matters. No one should have to
live under those brutal circumstances. The fact is, that
in spite of the fact that we live in this great country of
ours, we have placed children and women aside. We
need to recognize that domestic violence is a complex
social problem and we cannot turn a blind eye. This is
a significant resolution being passed this evening and it
needs to be shared with everyone.
A motion was made to waive further reading and adopt
Resolution No. 99-87 entitled, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, DECLARING ITS SUPPORT OF
THE REOPENING OF THE MODEL DOMESTIC
VIOLENCE COURTROOM AT CITRUS MUNICIPAL
COURT'.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion carried.
PUBLIC COMMUNICATIONS
SENATOR SOLIS COMMENDED Mr. Dan Trunco, resident, thanked Senator Solis for the
work she has done for the City of Baldwin Park and
stated that the government is much better now than it
was thirty years ago. We currently have fine leaders on
the City Council, as is Senator Solis and Assemblyman
Gallegos.
CONCERN REGARDING Mr. John Higard, resident, spoke in opposition to the
ORDINANCE 1148 passage of Ordinance 1148 as written, specifically
Section 2, subsection f' which states, Nothing in this
section shall prohibit the disposition of any Saturday
Night Special by Police Departments...
Mr. Highland feels that this ordinance is hypocritical in
that police officers can purchase and carry the same
weapons even with the passage of this ordinance.
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1999 11 03 CC MINòw @˜ Ü CC MIN NOV 3 1999[Þ›[H!´8City Council Minutes November 3,1999 Page 3
Mr. Don Cook, resident, expressed concern with
Ordinance No.1148 and is opposed to its passage. Mr.
Cook quoted an excerpt from the United States
Constitution, The right of the people to bear arms
should not be infringed". Mr. Cook feels that this
ordinance will infringe on law abiding citizens and asked
the Council not to deny the right to law abiding citizens
just because others can't afford to purchase the more
expensive weapons.
Mr. Roy Tess, resident, also questioned Ordinance
1148 stating that he does not want to have the right of
purchasing a reasonably priced gun taken away from
him.
BA BALDY VIEW TRAILER PARK Jesus Lopez, resident at Baldy View Trailer Park, asked
Mayor Lozano if he had good or bad news regarding
the closure of the trailer park. If the city plans on
closing the trailer park in December, we should be
notified in advance. If the decision is to close the park,
the residents would like the opportunity to leave with
dignity. Mr. Lopez stated that the owner's last attempt
to remove the tenants from the premises, was by
removing the concrete at the trailer park. This resulted
in mosquito and water contamination. Mr. Lopez is
here asking for the Council's assistance with this
mailer.
Beatrice Torres, stated that the actions of the trailer
park owners have all been intentional. Ms. Lopez
asked permission to use her five-minute time limit to
give Mayor Lozano that time to think about Mr. Lopez'
comments.
Mayor Lozano stated that the Council knows of the their
residents at the trailer park) existence. The city has
circumvented the owner from raising the rent on two
previous occasions. Mayor Lozano stated that the City
is not going to close the trailer park in December and
reassured Mr. Lopez, Ms. Torres and others present
from Baldy View Trailer Park, that they would still be
there in December.
This mailer was referred to staff. Staff was asked to
bring this matter back before the City Council at the
meeting to be held December 1,1999.
CANDIDATE'S CONGRATULATED Mayor Lozano acknowledged Council candidate Marlen
Garcia and School Board Candidate Ralph Nunez who
were present this evening. Mayor Lozano
congratulated them along, with Kathleen Gair, Jean
Carpenter, and Dolores Holguin, in their successful bids
to the offices which they sought candidacy.
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1999 11 03 CC MINòw @˜ Ü CC MIN NOV 3 1999[Þ›[H!´8City Council Minutes November 3,1999 Page 4
CONSENT CALENDAR
City Clerk Tjzcareno presented the consent calendar as
follows:
Mayor Pro Tern Van Cleave asked that the following
item be pulled for discussion:
1) Item 1-E, Ordinance Relating to the Sales of
Saturday Night Specials" and the Sale of
Ammunition.
CERTIFICATE OF POSTING Certificate of Posting for November 3, 1999, was
approved.
APPROVAL OF MINUTES Minutes of September 1, 1999 Regular and Study
Session) were approved as presented.
CLAIMS AND DEMANDS Further reading was waived and Resolution No.99-86
entitled, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK ALLOWING CLAIMS
AND DEMANDS AGAINST THE CITY OF BALDWIN
PARK, was adopted. Mayor Pro-Tern Van Cleave
abstained on all warrants to Mr. Bill's Hardware
financial conflict of interest).
CLAIM REJECTION City Council rejected the claim of Ruby Johnson and
RUBY JOHNSON 98 027A) and the claim of Renee Kirkman. Staff was directed to send
RENEE KIRKMAN 99 009A) the appropriate notice of rejection to claimants.
AMENDMENT TO CONTRACT WITH Ordinance No.1147, entitled, AN ORDINANCE OF
PUBLIC EMPLOYEES' RETIREMENT THE CITY COUNCIL OF THE CITY OF BALDWIN
SYSTEM PART TIME EMPLOYEE PARK, CALIFORNIA, AUTHORIZING AN
BENEFITS AMENDMENT TO THE CONTRACT BETWEEN THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK
AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM PERS), was adopted on second reading,
read by title only, and further reading was waived
thereof.
AWARD CONTRACT FOR THE Contract was awarded to Donald M. Hoover Company,
INSTALLATION OF CARPET AND in the amount of $56,760.00 for the removal and
VINYL FLOOR TILES IN CITY replacement of carpeting and vinyl flooring in City
FACILITIES facilities. Interim Public Works Director was authorized
to approve change orders not to exceed ten-percent
10%) of the original contract amount.
APPROVAL OF FINAL TRACT Final Tract Map 52514, for Developer Abell Helou, at
MAP 52514 the southeast corner of Ramona Boulevard and Rhodes
Lane was approved. Mayor and City Clerk/Deputy were
authorized to execute the subdivision agreement.
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1999 11 03 CC MINòw @˜ Ü CC MIN NOV 3 1999[Þ›[H!´8City Council Minutes-November 3,1999 Page 5
UPGRADE TELEPHONE SYSTEM Finance Director was authorized to enter into an
agreement with PhoneBy Inc., in the amount of $22,000
tax not included) to replace the existing voice mail
system and upgrade the existing Mite telephone
system.
PURCHASE OF COPIERS Finance Director was authorized to enter into a 60
month lease with Canon Financial Services for an
amount of $590.14 per month plus applicable tax), for
the lease of new copiers.
CONSENT CALENDAR APPROVED A motion was made to approve the consent calendar
as presented.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
ORDINANCE RELATING TO THE SALE Councilwoman Gair, stated that she is not an advocate
OF SATURDAY NIGHT SPECIALS" AND of gun control and is interested in hearing a response
THE SALE OF AMMUNITION from the City Attorney, to the concerns expressed by
the public about this ordinance.
Mayor Pro Tern stated for the record, that he is also
against gun control. He stated that he is confident that
the ordinance being considered tonight, does make
sense. He did question however, the Chief of Polices'
authority to decide which guns the officers can carry
and which they can not carry and said he just wants
equality for all in the city.
Chief LeGarra stated that our officers will not carry
Saturday Night Specials. In the existing department
policy, it is very specific as to the types of weapons the
officers may carry. There is also a section in the Penal
Code that exempts law enforcement officers from
carrying certain firearms. This ordinance relates to the
sales of weapons and ammunition.
City Attorney Alvarez-Glasman stated that the
ordinance being considered for second reading, has
been adopted in many other communities. It has been
modeled after the City of West Hollywood's ordinance
addressing the Saturday Night Special issues. Subject
ordinance was held as constitutional in accordance to
law. This ordinance regulates the sales of Saturday
Night Specials and they will not be able to be
purchased in the City.
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In response to Councilwoman Gair's question, Attorney
Alvarez-Glasman stated that with regards to the
exception portion of the ordinance, if a member of law
enforcement is allowed to carry those types of
weapons to be utilized, that would not be against the
law, if They are found within our jurisdiction.
After lengthy discussion, a motion was made to adopt
Ordinance No. 1148 entitled, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK AMENDING TITLE XIII GENERAL OFFENSES)
OF THE BALDWIN PARK MUNICIPAL CODE TO
MAKE UNLAWFUL THE SALE OF CERTAIN
FIREARMS DEFINED AS SATURDAY NIGHT
SPECIALS", on second reading, read by title only and
further reading waived thereof. Ordinance No.1149
entitled, AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK AMENDING TITLE XIII
GENERAL OFFENSES) OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO THE SALE OF
AMMUNITION AND REQUIRING DEALERS TO KEEP
RECORDS OF AMMUNITION SALES", was adopted
on second reading, read by title only, and further
reading was waived thereof.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
NOES: Mayor Pro Tem Van Cleave
Motion carried.
REPORTS OF OFFICERS
BALDWIN PARK TRANSIT FIVE Director Hathaway recommended that this matter be
YEAR PLAN deferred to the City Council meeting to be held
December 1,1999. There were no objections.
SAN GABRIEL TRANSIT CONTRACT Director Hathaway recommended that this matter be
FOR THE OPERATION OF TRANSIT deferred to the City Council meeting to be held
SERVICES December 1,1999. There were no objections.
PROPOSED AMENDMENT TO Director Hathaway recommended that this mailer
ENGINEERING CONSULTING be deferred to the City Council meeting to be held
AGREEMENT H.C. ASSOCIATES November 17,1999. There were no objections.
SUBSEQUENT NEED ITEM
CITY COUNCIL SUPPORT OF SENATE Attorney Alvarez-Glasman requested that this item
CONSTITUTIONAL AMENDMENT NO.7 be placed on the Agenda. Facts on this matter
arouse after the required posting of the
agenda, and there exists an immediate need to
take action.
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A motion was made to accept the Attorney's
recommendation and add the subject matter to the
agenda as a subsequent need item.
MOTION: Mayor Lozano
SECOND: Councilman Pacheco
Motion carried.
RESOLUTION DECLARING THE CITY'S City Attorney Alvarez-Glasman stated that this
SUPPORT OF SENATE CONSTITUTIONAL resolution is intended to declare City Council support of
AMENDMENT NO.7 the proposed expansion of the Los Angeles County
Board of Supervisor representatives from its existing 5
member board to a 9 member board.
A motion was made to waive further reading and adopt
Resolution No.99-48 entitled, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, DECLARING ITS SUPPORT OF
SENATE CONSTITUTIONAL AMENDMENT NO.7".
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion carried.
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
PROPOSED SITE OF COUNTY Interim Chief Executive Officer Keller referred to an
HOSPITAL FACILITY IN THE CITY October 26, 1999, article in the Los Angeles Times
which headlines, County Votes to Build Baldwin Park
Hospital". Interim CEO Keller asked for Council
direction on this matter.
City Attorney Alvarez-Glasman stated that it would be
appropriate to set a date and time for a closed session
discussion on this matter.
Upon question from Councilwoman Gair as to whether
or not Councilwoman Elect Garcia would be eligible to
sit in on the closed session item, Attorney Alvarez-
Glasman stated that Councilwoman Elect Garcia could
participate however could not vote until after she is
officially is sworn into office.
Mayor Lozano directed staff to immediately contact the
office of Supervisor Gloria Molina, to schedule a
meeting with her for the purpose of discussing this
matter.
CAN Dl DATES CONGRATULATED Councilmember Pacheco congratulated
Councilmember Elect Marlen Garcia on her council
candidate victory. He also congratulated the winners
for all other races within the city.
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1999 11 03 CC MINòw @˜ Ü CC MIN NOV 3 1999[Þ›[H!´8City Council Minutes November 3, 1999 Page 8
ANNUAL PARADE Director Nunez reminded the Council and members of
the audience that the annual parade will be held on
Saturday, November 6, 1999 beginning at 10:00a.m.
VETERAN'S DAY CEREMONY Director Nunez announced that the Veteran's Day
Memorial ceremony will be held on Thursday,
November 11, 1999, at 1:00 p.m., at the Community
Center.
PROSPECTIVE CANDIDATE INFORMATION Councilwoman Gair spoke about the possibility of
MEETING hosting an election forum where persons could be
informed of the particulars and what it takes to run for
office. Councilwoman Gair will bring this mafler back
to the Council at a later date.
ADJOURN There being no other matters before the Council, the
meeting was adjourned at 8:30 p.m.
Appmved as presented by the Council at their meeting
held December 1, 1999
Rosemary M. Ramirez
Deputy City Clerk
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