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Home My WebLink About2001 01 17 CC MIN2001 01 17 CC MINòw @˜‡®2001 01 17 CC MINZFäZHt 2001 CC MIN 01-17-2001Hm6COUNCIL CHAMBER JANUARY 17, 2001 14403 E. PACIFIC AVENUE WEDNESDAY BALDWIN PARK, CA 91706 7:00 P.M. The CITY COUNCIL of the City of Baldwin Park met in a REGULAR MEETING at the above time and place. ROLL CALL Present: Council Members, Linda Gair, Marlen Garcia, William Bill" Van Cleave, Mayor Pro- Tern Ricardo Pacheco, and Mayor Manuel Lozano. Also Present: Dayle Keller, Chief Executive Officer; Arnold Alvarez-Glasman, City Attorney; Richard LeGarra, Chief of Police; Jose Sanchez, Interim Finance Director; Shafique Nayier, Public Works Director; Rick Forintos, Community Development Director; Manny Carrillo, Recreation/Community Services Director; Kathryn Tizcareno, City Clerk; Ana Montenegro, City Treasurer; and Rosemary Ramirez, Deputy City Clerk. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS AWARDS OF MERIT PRESENTED TO CITY EMPLOYEES THAT WERE NOMINATED TO RECEIVE THE PRESTIGIOUS 2001 EMPLOYEE RECOGNITION AWARDS IN THE CATEGORY OF ABOVE AND BEYOND THE CALL OF DUTY AND IN THE CATEGORY OF EXCELLENT CUSTOMER SERVICE Mayor and City Council presented Awards of Merit to employees present as follows: Kara Bouton, Anthony Gonzales, Arjan Idnani, Vivian Olivares, Melecio Picaso and I. DeLaSierra. Certificates for those employees not present will be distributed by the department Directors respectively. PUBLIC COMMUNICATIONS COMMENTS OF POLICE DEPARTMENT ASSOCIATION REPRESENTATIVE Officer Joe Cowan referred to a recent tribune article and the comments made by Councilmember Linda Gair. He expressed concern stating that those comments were untrue as reported. The following individuals spoke in opposition to the proposed study relating the Los Angeles County Sheriffs Department for police services and in support of keeping the Baldwin Park and its officers: Priscilla Poppick, Larry Walton, Leslie Arnold, Bette Lowes, Rick Morales, Richard Granados, and Ricky Rangel. SUGGESTED PLATFORM FOR PUBLIC COMMENTS Sergio Corona, resident, suggested that individuals making public comments, and who criticize the City Council on any issue, should offer a solution to that particular concern. BIB] 37209-U01 2001-U02 CC-U02 MIN-U02 01-17-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 01 17 CC MINòw @˜‡®2001 01 17 CC MINZFäZHt 2001 CC MIN 01-17-2001Hm6City Council Minutes January 17, 2001 Page 2 CONSENT CALENDAR APPROVED Councilwoman Gair requested that the following items be removed from the consent calendar for discussion: 1) Item 1-C, Award of Contract Top Notch Construction 2) Item 1-F, Official Baldwin Park Police Department Towing Service A motion was made to approve Consent Calendar Items A, B, D, and E as presented, and as follows: MOTION: Mayor Pro-Tern Pacheco SECOND: Councilwoman Garcia Motion carried) CLAIMS & DEMANDS Further reading was waived and Resolution No. 2001-008 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. Councilman Van Cleave abstained on all warrants to Mr. Bill's Hardware financial conflict of interest). TREASURER'S REPORT- DECEMBER, 2000 Treasurer's Report for December, 2000, was received and file. RESOLUTION APPROVING APPLICATION FOR LOCAL APPORTIONMENT FUNDS ESTABLISHED BY SB821 BICYCLE AND PEDESTRIAN FUNDS Further reading was waived, read by title only and Resolution No. 2001-004 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN", was adopted. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE STAFF TO ADVERTISE AND SOLICIT BIDS FOR ISTEA STREET IMPROVEMENTS, CIP 801 City Council approved the plans and specifications and authorized staff to advertise and solicit bids for the ISTEA Street Improvements, CIP 801. CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION AWARD OF CONTRACT- TOP NOTCH CONSTRUCTION COMPANY FOR REPAIRS AND INFRASTRUCTURE IMPROVEMENTS Upon question by Councilwoman Gair, Director Naiyer advised the Council of the various areas scheduled for repair and confirmed that the extension beyond the six 6) month period. A motion was made to waive formal bidding process and award a Contract for maintenance services related to the repair of concrete infrastructure improvements in the amount of $45,000 to Top Notch Construction Company. The Director of Public Works was authorized to approve additional funding in an amount not to exceed 15% of the original contract, for additional repairs as deemed necessary to ensure public safety. BIB] 37209-U01 2001-U02 CC-U02 MIN-U02 01-17-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 01 17 CC MINòw @˜‡®2001 01 17 CC MINZFäZHt 2001 CC MIN 01-17-2001Hm6City Council Minutes January 17, 2001 Page 3 MOTION: Councilwoman Gair SECOND: Mayor Pro Tern Pacheco Motion carried) RESOLUTION NO. 2001-006 AND RESOLUTION NO. 2001-007 RELATING TO OFFICIAL BALDWIN PARK POLICE DEPARTMENT TOWING SERVICE PROVIDERS Councilwoman Gair noted that the franchise agreements are not attached for City Council review. A motion was made to defer action on this matter and direct staff to bring back this matter along with the franchise agreements as an attachment. MOTION: Councilwoman Gair SECOND: Councilman Van Cleave Motion carried) PUBLIC HEARINGS PUBLIC HEARING TO CONSIDER AN AMENDMENT TO SECTIONS 118.01 THROUGH 118.22, MASSAGE PARLORS" OF THE CITY'S MUNICIPAL CODE, CASE NO. AZC-143. Continued from January 3, 2001) Assistant Planner Lopez presented the report and requested the City Council to open the public hearing for public participation and introduce for first reading, Ordinance No. 1169. Mayor Lozano declared the public hearing OPEN for public participation. There was no one wishing to speak therefore Mayor Lozano declared the public hearing CLOSED. A motion was made to waive further reading, read by title only and introduce for first reading, Ordinance No. 1169 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO THE MUNICIPAL CODE SECTIONS 118.01 THROUGH 118.22 MASSAGE PARLORS" AND VARIOUS SECTIONS OF CHAPTER 153 ADDING DEFINITIONS PERTAINING TO ACUPRESSURE AND MASSAGE PARLOR BUSINESSES, APPLICATION REQUIREMENTS, LICENSING REQUIREMENTS, REGULATIONS AND SPECIFIC LOCATION CRITERIA FOR THESE TYPES OF ESTABLISHMENTS". MOTION: Councilwoman Gair SECOND: Councilman Van Cleave Motion carried) PUBLIC HEARING TO CONSIDER ADOPTING ORDINANCE NO. 1171, ADOPTING BY REFERENCE, THE LOS ANGELES COUNTY CODE, TITLE 11, HEALTH AND SAFETY AND AS AMENDED THROUGH THE LOS ANGELES COUNTY ORDINANCE NO. 97-0071 AND PORTIONS OF TITLE 8, CONSUMER PROTECTION AS CONTAINED THEREIN Redevelopment Coordinator Picazo presented the report and requested the City Council to open the public hearing for public participation and adopt on second reading, Ordinance No. 1171. Mayor Lozano declared the public hearing OPEN for public participation. Mr. Tran, restaurant owner, expressed his opposition to the Los Angeles County Grade Card system and asked council to reconsider and not approve the ordinance as recommended. BIB] 37209-U01 2001-U02 CC-U02 MIN-U02 01-17-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 01 17 CC MINòw @˜‡®2001 01 17 CC MINZFäZHt 2001 CC MIN 01-17-2001Hm6City Council Minutes January 17, 2001 Page 4 Mr. Sergio Corona, resident, stated that he is in favor of the grade card system as proposed, and asked the City Council to favorable adopt the ordinance as presented. There was no one else wishing to speak therefore Mayor Lozano declared the public hearing CLOSED. Councilman Van Cleave stated his opposition to the ordinance and felt that if approved, the effects of the ordinance may cause a financial hardship to the business community. A motion was made to waive further reading, read by title only and adopt on second reading, Ordinance No. 1171 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING BY REFERENCE, THE LOS ANGELES COUNTY CODE, TITLE 11, HEALTH AND SAFETY CODE, AND PORTIONS OF TITLE 8, CONSUMER PROTECTION CODE, PERTAINING TO THE INSPECTION AND GRADE CARD RATING OF RESTAURANTS". MOTION: Mayor Pro Tern Pacheco SECOND: Councilwoman Garcia NOES: Councilman Van Cleave Motion carried) BOGART AVENUE IMPROVEMENT ASSESSMENT DISRICT 99-1 RESOLUTION TO CONTINUE Mayor Lozano declared the public hearing OPEN for public participation. A motion was made waive further reading, read by title only and adopt Resolution No. 2001- 003 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CONTINUING THE PUBLIC HEARING FOR THE PROPOSED BOGART AVENUE ASSESSMENT DISTRICT 99-1 TO MARCH 7, 2001, AND DIRECTING ACTIONS WITH RESPECT THERETO". MOTION: Councilwoman Garcia SECOND: Councilwoman Gair Motion carried) REPORTS OF OFFICERS STATUS REPORT SHERIFF'S DEPARTMENT STUDY ON CONTRACTING FOR LAW ENFORCEMENT SERVICES Chief Executive Officer provided a brief overview of the details as outlined in memorandum dated January 17, 2001, relating the Sheriff's Department Study on Contracting for Law Enforcement Services. It was noted that Captain John Radcliff of the Los Angeles County Sheriff's Department delivered a draft of the phase one study earlier this same date. He has requested the opportunity to submit amendments which will be forthcoming prior to the February 7, 2001 city council meeting. CEO Keller stated that upon receipt of the amendments, Chief LeGarra, Lt. Davis, Kara Bouton and she will thoroughly review the study and prepare an analysis of the study for presentation to the Council at its February 7, 2001 city council meeting. At this time, it is recommended that the City Council receive and file subject status report; and direct staff to proceed as outlined by bringing the Phase I study to the Council at its February 7, 2001 meeting, along with staff analysis and evaluation. The February 7th report to Council will contain alternatives for consideration regarding the next steps to be taken with regards to possible contracting. BIB] 37209-U01 2001-U02 CC-U02 MIN-U02 01-17-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 01 17 CC MINòw @˜‡®2001 01 17 CC MINZFäZHt 2001 CC MIN 01-17-2001Hm6City Council Minutes January 17, 2001 Page 5 Councilwoman Gair requested that upon receipt and preparation of staff's analysis, that a copy be immediately distributed to the City Council and made available to the public. Councilman Van Cleave requested that a copy be made available to the public as soon as possible. He further restated his position of opposition on this matter and expressed concern with the police department's morale during this process. He asked that this matter be acted on immediately and urged the Council not to wait until after the election to take a stand on this issue. Councilwoman Gair recognized the morale of the police department during this process, however she stated that this study is requested simply because the City does not have the money in which to meet the requests of the police department. This study needs to be looked at seriously. Our officers are doing a good job and as elected officials, we have an obligation to the residents and to the officers, to pay them what they deserve. We do not have those funds available. Councilwoman Garcia agreed that this is a very difficult decision before the City Council and recognizes the morale issue within the department. She recommended that as the study is being reviewed that the negotiations with the police department association continue. This study is one that does need to be look at in depth and not rushed into making a decision. Councilman Van Cleave stated that the only thing that would improve morale within the police department is to stop the process of the study and look at areas and ways of maintaining our own police department. He stated his strong opposition to moving forward on the study. After lengthy discussion, a motion was made to receive and file subject status report. MOTION: Council Member Gair SECOND: Council Member Garcia NOES: Council Member Van Cleave and Mayor Lozano Motion carried) APPROVAL OF AN ENERGY EFFICIENCY PROGRAM FOR CITY BUILDINGS AND CITY FACILITIES AND AWARD PROFESSIONAL SERVICES CONTRACT TO GLOBAL ENERGY FOR THE IMPLEMENTATION OF SUBJECT PROGRAM A motion was made to authorize staff to pay $12,600 to Viron Energy Services as per Agreement, for the comprehensive engineering analysis for implementing an energy efficiency program and approve Alternate B, Option 3 of the Energy Efficiency Program as shown in Exhibit A" and B" in which Global Energy Services will work with City staff in the design, management and construction of subject project; direct the Director of Public Works to add generators for the Family, Community and Senior Centers, which were requested in earlier reports but are not included in current report. The Mayor was authorized to execute the Agreements. The Finance Director was authorized to proceed to obtain funding for the project through Public Finance based on the terms indicated. MOTION: Mayor Pro Tern Pacheco SECOND: Councilwoman Gair Motion carried) COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Councilwoman Gair introduced Ms. Karen Rubin of the San Gabriel Valley Tribune as the City's assigned reporter. BIB] 37209-U01 2001-U02 CC-U02 MIN-U02 01-17-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 2001 01 17 CC MINòw @˜‡®2001 01 17 CC MINZFäZHt 2001 CC MIN 01-17-2001Hm6City Council Minutes January 17, 2001 Page 6 Mayor Pro Tern Pacheco expressed concern regarding the energy crisis and suggested that a task force be formulated to address this issue. Assistant to the Chief Executive Officer Bouton provided the City Council with a brief status report on the energy crisis. Councilwoman Garcia announced that a Sister Cities meeting will be held on January 24, 2001 at 7:00 p.m., at the Community Center. All are invited to attend and become members in this association. Chief LeGarra introduced the newly assigned Assistant Fire Chief representing the City of Baldwin Park. ADJOURNMENT There being no further matters for discussion, the meeting was adjourned at 8:33 p.m., in memory of Doug Jacob, City of Riverside Police Officer. Approved by the City Council at their meeting held March 21, 2001. BIB] 37209-U01 2001-U02 CC-U02 MIN-U02 01-17-2001-U02 LG1-U03 LI1-U03 FO8420-U03 FO8421-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 BIB] 37245-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 BIB] 37284-U01 2001-U02 01-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8431-U03 C4-U03 MINUTES1-U03 11/13/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05