HomeMy WebLinkAbout1999 11 17 CC MIN1999 11 17 CC MINòw @˜ å CC MIN NOV 17 1999à›[H!½8COUNCIL CHAMBER NOVEMBER 17,1999
14403 E. PACIFIC AVENUE WEDNESDAY
BALDWIN PARK, CA 91706 7:00 P.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;
Kathryn V. Tizcareno, City Clerk; and Rosemary M.
Ramirez, Deputy City Clerk.
PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS
CENTER FOR CONTRACT COMPLIANCE Bill Quisenberry of the Center for Contract Compliance
gave a presentation on the contract services available
and highlighted the main deal points as follows:
The Center for Contract Compliance CCC) has been in
operation for over ten years. During that time they
have monitored thousands of contractors. CCC is a
nonprofit organization funded by contractors of the
Associated General Contractors,, Southern California
Contractors Association, Engineering Contractors
Association and the Building Industry Association as
well as various Labor Organizations in Southern
California. CCC is concerned with labor compliance of
those laws that govern public works including, but not
limited to the payment of the required prevailing wage.
To achieve this, CCC works closely with City staff and
will assist during the review of any contractors
credentials prior to the award of any public works
construction project in addition to supplement
construction management services throughout the
prosecution of the project CCC also works closely with
state and federal agencies entrusted with the
enforcement of these laws.
The proposed service labor compliance services will be
provided at no cost to the City.
Mayor Lozano thanked Mr Quisenberry for the
presentation and stated that the City of Baldwin Park is
committed to the prevailing wage standards and
contract compliance.
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PUBLIC COMMUNICATIONS
COMMUNITY THANKSGIVING DINNER Ms. Sally Wieck, resident, invited the City Council to
attend the Community Thanksgiving Dinner on
Wednesday, November 24, 1999, at 5 p.m., in the
Community Center Gymnasium.
SEWAGE LEAK REQUEST Mary Heiss, resident, expressed disappointment that
CITY ASSISTANCE Mayor Lozano has not gone to visit the location where
the problem of sewage leak exists. Ms. Heiss
recognizes that the location of the leak is not within the
jurisdiction of the City of Baldwin Park, but rather in the
City of Irwindale. Ms. Heiss has contacted the City of
Irwindale on numerous occasions, since January of this
year however, the problem has not been addressed nor
corrected. Ms. Heiss is requesting council assistance,
specifically in contacting the City of Irwindale, with the
hope of expediting the necessary repairs.
Mayor Lozano advised Ms. Heiss that he did in fact visit
the subject location the day after he spoke to her about
the issue. Mayor Lozano referred this mailer to
Director Hathaway for handling.
INTRODUCTION OF LA PUENTE At this time Mayor Lozano introduced and welcomed
COUNTY VALLEY WATER COMPANY La Puente County Valley Water Company Board
BOARD MEMBER ELECT LOUIS LUJAN Member-elect Louis Lujan. Mayor Lozano
congratulated Mr. Lujan on his successful water board
and announced that Mr. Lujan is the youngest Latino
board member to serve in that capacity.
CONSENT CALENDAR
City Clerk Tizcareno presented the consent calendar as
follows:
CERTIFICATE OF POSTING Certificate of Posting for November 17, 1999, was
approved.
CLAIMS AND DEMANDS Further reading was waived and Resolution No. 99-89
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-Tem Van Cleave
abstained on all warrants to Mr. Bill's Hardware
financial conflict of interest).
TREASURER'S REPORT Treasurer's report for the month of October, 1999 was
received and filed.
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ADOPT RESOLUTION 99-90 SETTING Further reading was waived and Resolution No. 99-90
A PUBLIC HEARING FOR THE entitled, A RESOLUTION OF THE CITY COUNCIL OF
FORMATION OF AN UNDERGROUND THE CITY OF BALDWIN PARK, CALIFORNIA,
UTILITY DISTRICT 99-1 DECLARING ITS INTENTION AND SETTING A
PUBLIC HEARING TO DETERMINE WHETHER
PUBLIC NECESSITY, HEALTH', SAFETY OR
WELFARE REQUIRES THE FORMATION OF AN
UNDERGROUND UTILITY DISTRICT 99-1" was
adopted. February 2, 2000 is the Public Hearing date
for this matter.
GRANT FROM MTA FOR BICYCLE Staff was authorized to reject the grant in an amount of
ROUTES REJECTION OF) $45,000 from MTA for the construction of bicycle
routes.
BUDGET APPROPRIATION AB2766 FUNDS Council appropriated Air Quality Improvement Funds
AB2766) in the amount of $15,212.94 to pay the City's
share of the electric vehicle charging stations.
CLAIM REJECTION City Council rejected the claim of Ruben Acosta and
RUBEN ACOSTA 99 006A) staff was directed to send the appropriate notice of
rejection to claimant
APPROVAL OF A MEMORANDUM Council approved the Memorandum of Understanding
OF UNDERSTANDING WITH MTA with the Los Angeles County Metropolitan Authority
FOR CALL FOR PROJECTS GRAND MTA) for grant funds in an amount of $274,000.
FUND
APPROVAL OF MEMORANDUM OF Council approved a Memorandum of Understanding
UNDERSTANDING MEDICAL SERVICES with Citrus Valley Health Partners to offer medical
CITRUS VALLEY HEALTH PARTNERS services at Morgan Park and authorized the Director
KIDS KARE-A-VAN PROJECT of Recreation and Community Services to execute the
necessary documents.
TURF TECH WATER CONSERVATION Council authorized the Interim Chief Executive Officer
SERVICES to enter into an agreement with Turf Tech Industries in
an amount of $6,007.50 plus applicable taxes), for the
development of a water conservation plan for Morgan
Park, Barnes Park and Walnut Creek Nature Park.
RESOLUTION IN OPPOSITION TO Further reading was waived and Resolution No. 99-91
PUBLIC WORKS INITIATIVE B entitled, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CALIFORNIA,
DECLARING ITS OPPOSITION TO PUBLIC WORKS
INITIATIVE B", was adopted.
CONSENT CALENDAR APPROVED A motion was made to approve the consent calendar
as presented.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion carried
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PUBLIC HEARINGS
VACATION OF ALLEY BETWEEN Mayor Lozano declared the Public Hearing open for
CORAK STREET AND FRANCISQUITO for public participation.
In response to Councilwoman Gair's inquiry, Engineer
Supervisor Idnani stated that Safran is not ready to
proceed with the vacation at this time therefore, it is the
city's preference not to approve said vacation until
Safran is ready to commence with project.
A motion was made to open and continue this mafler
until March 1, 2000.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion carried.
JOINT PUBLIC HEARING ON THE At this time, the Mayor opened the Community
DISPOSITION AND DEVELOPMENT Redevelopment Agency meeting for the purpose of
AGREEMENT AND GROUND LEASE conducting the Joint Public Hearing with the City
FOR A PROPOSED SENIOR PROJECT Council.
WITH BALDWIN PARK SENIOR
APARTMENTS, LP., A LIMITED Mayor Lozano declared the Public Hearing open
PARTNERSHIP THAT INCLUDES for public participation.
KAUFMAN AND BROAD MULTI
HOUSING GROUP, INC DEVELOPER) Ms. Laurie Kern, property owner, stated that she is not
opposed to providing senior housing, however is
opposed to having the parking taken away from their
business. Ms. Kern suggested approving a plan that
reduces the size of the units from a two-bedroom to a
one-bedroom and eliminating the recreation room.
A motion was made to continue this meeting to
December 1, 1999.
MOTION: Mayor Pro Tern Van Cleave
SECOND: Councilman Pacheco
Motion Carried.
REPORTS OF OFFICERS
PROPOSED AMENDMENT TO Director Hathaway presented the report as follows:
ENGINEERING CONSULTING
AGREEMENT H.C. ASSOCIATES At your meeting held October 6,1999, Councilmember
Pacheco reported on his attendance at a luncheon of
the American Public Works Association's Conference
on Rebuilding America" during which time he had the
opportunity to meet a number of Caltrans officials.
Councilman Pacheco requested that staff proceed to
set up a meeting with Caltrans specifically to discuss
the City's needs for maintenance and improvements
along the I-10 and I-605 Freeways and their
interchange. As a result H.C. Associates made a
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presentation to staff, outlining the services which they
could make available to the City in conjunction with its
efforts with Caltrans and hereinafter referred to as
Amendment #1.
It was noted that the cost of the services will not exceed
the sum of $25,000 plus customary reimbursable
expenses and will be funded from the existing operating
budget of the Public Works Department. It is
anticipated that reimbursement to the General fund will
occur through transfers from Redevelopment Project
Area Funds in proportion to the benefit received or each
project.
Councilwoman Gair stated that the matter of the
freeway maintenance and improvements is of great
importance to her and to the city, however at this time,
and until such time that there is a mid-year review of the
City's financial position, she is not prepared to expend
$25,000. Councilwoman Gair recommenced that this
matter be held over until after receipt and review of the
mid-year budget review. Councilwoman Gair also
suggested that since ken Spiker now has an agreement
with the City, perhaps some of the area along the
freeways could be identified as an area of improvement
and included as part of that development agreement.
Additionally, now that we have an Interim Chief
Executive officer, Councilwoman Gair feels that the city
can begin communications with the Department of
Transportation Caltrans) to voice our concerns and
lack of attention given to this area.
Mayor Pro Tem concurred with Councilwoman Gair
Councilman Pacheco stated that this matter needs to
be addressed now and not wait until sometime in the
future. H.C. & Associates is prepared to begin the
process and we have waited too long and have made
absolutely no progress in this much needed area of
improvements.
Hector Castillo stated that this was an amendment to an
existing agreement with the City.
John Bollinger, stated that H.C. Associates will focus on
a number of key tasks leading to submission of an
application to Caltrans for consideration. This includes
establishing channels of communication and
cooperation with Caltrans, preparing a preliminary
process schedule, preparing an application package
and submitting the application to Caltrans on behalf of
the City. H.C. Associates will help the city achieve its
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objectives with respect to the maintenance and
improvements of the I-10 and I-605 Freeways.
Mayor Lozano has stated, since 1995, and will again
repeat it in 1999, that he supports the issue of
personally going along side of the freeways to clean-up
these areas with our own private equipment.
A motion was made to defer this matter until January,
2000, after the council has received the mid-year
budget for review.
MOTION: Mayor Lozano
SECOND: Councilwoman Gair
NOES: Councilman Pacheco
Motion carried.
RETAIL SIDEWALK DISPLAYS Interim Chief Executive Officer Keller presented the
report as follows:
Staff is seeking direction from City Council regarding
issuing an extension of an authorization to Fallas
Paredes to have a sidewalk display in front of their store
at 4249 Maine Avenue. Faltas Paredes has conducted
their sidewalk sales appropriately and in an attractive
manner. Their letter of request indicates that when they
do not have sidewalk displays, their sales drop in
excess of 50%. Their visibility problem is exacerbated
by the fact that there are currently a number of
vacancies in the Main Street Marketplace Center. In his
report dated August 4, 1999, the former Director of
Community Development suggested that some change
to the City's current policies regarding sidewalk sales
and displays might be in order. He specifically referred
tot he General Plan process and the Downtown/Civic
Center Revitalization effort as being two avenues for
looking at changes. In addition, he suggested an
administrative process that could give the city some
flexibility until Zoning Code changes could be made.
Councilwoman Gair stated that the business in question
is the only store in town that has had a continuous
sidewalk sale since February of this year. Contrary to
their belief, I do not feel that this business will be out of
business if they do not have sidewalk sales. This
business leased a location in a semi-occupied center
and was clearly aware of those consequences when
they entered into their leasing agreement. This should
not be construed as being an obligation or responsibility
of the Council to make exceptions to the code. My
main objection is that this business is operating outside
of the Municipal Code requirements and it is our
responsibility to enforce and apply the code to all
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businesses. what is fair for one business should be fair
for all businesses without exception.
Mayor Pro Tern Van Cleave agreed with Councilwoman
Gair.
Councilman Pacheco feels that special circumstances
should be considered due to this particular business
location and for that reason, we should do what we can
to work with this business.
After discussion, a motion was made to authorize an
additional 60-day period for sidewalk displays, through
January 4, 2000, with the condition that it applies to all
business within the City; and, direction was given to
staff to bring back alternatives to the Council for
allowing flexibility for the conduct of such sales, either
by changes to the Zoning Code, or administratively
through an application and permit process.
MOTION: Councilwoman Gair
SECOND: Mayor Pro Tem Van Cleave
Motion carried.
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
STREET NAME CHANGE CONSIDERATION Mayor Lozano read an autobiography of Mr. Cruz Baca
TO CRUZ BACA" which outlined the countless contributions Mr. Baca had
made to the residents and community of Baldwin Park.
Mr. Baca originally settled in on Cosby Street in the City
of Baldwin Park and since then, there have been five
generations of the Baca Family, all of who still reside in
the City of Baldwin Park.
Mr. Baca was a well-respected businessman in the
community and was known as the only supplier of red
chile and cornhusk. In addition to his many
accomplishments, Mr. Baca is also remembered for his
willingness and generosity of transporting Baldwin Park
residents, every Sunday, to the San Gabriel Mission by
horse and carriage, for church services.
Mayor Lozano would like Council consensus to form a
committee to the task of studying possible streets to be
considered for a street name change, or possibly even
a park to be renamed after Mr. Cruz Baca.
Mayor Lozano asked to be a part of the committee and
appointed Ms. Ana Montenegro to the Committee.
Mayor Lozano would like the committee to consist of a
couple of Commission members and a staff member to
sit on the committee as well. There was no objection
from the Council to form a committee for this purpose.
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Mayor Lozano asked that once a street or site is
selected and approved for renaming, that the city
commemorate this occasion with a special celebration
and asked that we also look into transporting the
carriage used by Mr. Baca, from the City of Irwindale
where ifs now stored) to the celebration site.
CROSSWALK REPAIR STATUS Mayor Pro Tern Van Cleave asked the status of the
cross walk repairs at the south east comer of Stewart,
south east comer of La Rica and, both north and south
side of Baldwin Park Boulevard.
BALDWIN PARK BEAUTIFUL Mayor Pro Tern Van Cleave invited everyone interested
persons who wish to participate in Baldwin Park
Beautiful, to meet at Morgan Park on Saturday.
November 20, 1999, at 8:00 am.
SIDEWALK ASSISTANCE Mayor Pro Tern Van Cleave asked staff to contact: the
Assembly of God Church on Baldwin Park Boulevard.
They need assistance in configuring the size and
location of the planters on the sidewalk.
CAPTAIN AND LIEUTENANT Councilwoman Gair wished to thank Chief LeGarra for
INTERVIEWS extending an invitation and allowing the Council the
opportunity to sit in on the Captain and Lieutenant
interview process.
KUDOS TO THE RECREATION Councilwoman Gair commended Director Nunez and
DEPARTMENT Staff for the outstanding job they did on organizing and
conducting the City's annual parade and the Veteran's
Day Memorial Celebration.
ADJOURN There being no further mailers to be discussed, the
meeting was adjourned at 8:31 p.m.
Approved as presented by the City Council at their
meeting held December 1,1999.
Rosemary M. Ramirez
Deputy City Clerk
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