HomeMy WebLinkAbout2001 06 20 CC MIN2001 06 20 CC MINòw @˜ ‡ ) 2001 06 20 CC MINZFäZHs 2001 CC MIN 06-20-2001Hn COUNCIL CHAMBER
14403 E. PACIFIC AVENUE
BALDWIN PARK, CA 91706
JUNE 20, 2001
WEDNESDAY
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, Marlen Garcia, Ricardo Pacheco, Bill Van Cleave, Mayor Pro Tern
Linda Gair, and Mayor Manuel Lozano
Also Present: Dayle Keller, Chief Executive Officer; Arnold Alvarez-Glasman, City Attorney;
Mark Kling, Acting Chief of Police; Jose Sanchez, Finance Director; Shafique Nayier, Public
Works Director; Rick Forintos, Community Development Director; Manny Carrillo,
Recreation/Community Services Director; Kathryn Tizcareno, City Clerk; Maria A. Contreras,
City Treasurer and; Rosemary M. Ramirez, Deputy City Clerk
ANNOUNCEMENTS
Mayor Lozano introduced Pastor Jackson who spoke briefly about being recently recognized by
Congresswoman Soils upon receiving the Times Service Award.
Mayor Lozano asked everyone to keep the nine 9) year old girl who was hit by a vehicle, in their
prayers. He also asked that a message be printed in the NOW reminding the community to use
safety and caution on city streets.
Mayor Lozano introduced Alan Soloman, Field Representative for Assemblyman Edward
Chavez.
Mayor Pro Tern Gair acknowledged Gomelia Baker, Principal at Northpark High School, who
was in the audience.
Mayor Pro Tern Gair announced that she was nominated to serve on the Board of the
Independent Cities Association. She asked for Council support in the upcoming elections at
Rancho Bernardo.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Mayor Lozano was joined by the City Council in presenting the following:
An Oath of Office and the Certification of Appointment was presented to Housing Commissioner,
Marionette Savage. Oath was presented later during the meeting)
Acting Chief Kling introduced newly appointed employees Police Officer Diana Camargo and
Reserve Officer Daniel Rodriquez.
Director Nayier introduced newly appointed employee David Lopez, Associate Engineer.
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PUBLIC COMMUNICATIONS
COMMENT REGARDING PROMPTNESS TO STARTING MEETING
Mr. Al Contreras, resident, thanked the City Council for proceeding with the presentation portion
of the agenda in a prompt and expeditious manner.
PETITION SUBMITTED WITH REQUEST FOR TRAFFIC SIGNAL INSTALLATION
BALDWIN PARK BOULEVARD & CALIAS STREET
Ms. Armanda Serrato, 14127 spoke of the nine 9) year old girl who was struck by a vehicle.
She presented a petition to the City Council requesting the installation of a signal light at the
intersection of Baldwin Park Boulevard and Calias Street.
PETITION SUBMITTED REQUESTING REMOVAL OF THE MEDIANS IN THE DOWNTOWN
AREA
Ms. Carroll Oliver, Executive Director of the Chamber of Commerce, presented a petition to the
City Council requesting the removal of the medians on Maine Avenue, within the downtown
district area.
CONSENT CALENDAR PRESENTED
Chief Executive Officer Keller requested that the following item be removed from the Consent
Calendar for discussion.
1) Item 1-D APPROVAL FOR THE CITY TO CONTRACT SUMMER LUNCH
PROGRAM SERVICES TO THE CITY OF IRWINDALE AT IRWINDALE PARK
Councilmember Pacheco requested that the following item be removed from the Consent
Calendar for discussion.
1) Item 1-G APPROVAL OF THE LEAGUE OF CALIFORNIA CITIES
GRASSROOTS NETWORK
CONSENT CALENDAR APPROVED
A motion was made to approve Consent Calendar Items 1 A through H with the exception of
Items D & G), as presented and as follows:
MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Gair Motion Carried
MINUTES
The minutes of April 18, 2001 Study & Regular), were approved as presented.
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CLAIMS AND DEMANDS
Further reading was waived, read by title only and Resolution No. 2001-057 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 Bill Van Cleave abstained on all warrants to Mr. Bills Hardware financial conflict of
interest).
TREASURER'S REPORT FOR THE MONTHS OF APRIL AND MAY, 2001
The Treasurer's report for the months of April and May, 2001, were received and filed.
APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH CITRUS VALLEY HEALTH
PARTNERS HEALTHY FAMILIES/MEDI-CAL COMMUNITY BASED OUTREACH
A Memorandum of Understanding with Citrus Valley Health Partners was approved. Staff was
authorized to complete necessary monthly documentation as required.
APPROVAL OF USER AGENCY AGREEMENT WORKFORCE INVESTMENT ACT
SUMMER YOUTH EMPLOYMENT PROGRAM)
The City Council approved a User Agency Agreement with Mid San Gabriel Valley Consortium
and authorized the Mayor to execute the necessary documents.
RESOLUTION ESTABLISHING APPROPRIATION LIMITS FOR FISCAL YEAR 2001-02
Further reading was waived, read by title only and Resolution No. 2001-063 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
SETTING THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2001-02," was adopted.
CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
APPROVAL FOR THE CITY TO CONTRACT SUMMER LUNCH PROGRAM SERVICES TO
THE CITY OF IRWINDALE AT IRWINDALE PARK
Director Carrillo presented a supplement to the report stating that the City of Irwindale has
requested a 10-day termination clause.
A motion was made to authorize staff to submit an application to the State of California,
Department of Education to add Irwindale Park as a designated lunch site, approve the 10-day
termination clause; and authorize the Mayor to execute contract between the City of Baldwin
Park and the City of Irwindale to operate the Summer Lunch Program at Irwindale Park.
MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Gair Motion carried.
APPROVAL OF THE LEAGUE OF CALIFORNIA CITIES GRASSROOTS NETWORK
Councilmember Pacheco requested that a representative from the League of California be
invited to give a presentation to the City Council on the benefits of the Grassroots Network. He
supports the efforts of the League in establishing the Grassroots Network, however he wants to
ascertain that the city's interested will be represented.
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Assistant to the Chief Executive Officer Bouton stated that time is of the essence especially
since this matter is going to a vote to all the League of California Member Cities on July 6, 2001.
Staff has received a Power-point presentation on diskette which she will distribute to the Council.
Mayor Pro Tern Gair stated that the Grassroots Network will provide the same lobbying efforts
as they provided for the binding arbitration matter. The issue of the Grassroots Network has
been discussed at previous League conferences. In summary, the Grassroots network provides
a lobbying force in Sacramento, which is something we have not had in the past. Ultimately, not
having a lobbying force may cause additional funding to be taken away from various cities.
At the request of Councilmember Pacheco, a motion was made to table this matter to July 3,
2001.
MOTION: Councitmember Pacheco SECOND: Councilmember Van Cleave Motion carried
PUBLIC HEARINGS
PUBLIC HEARING RELATING TO THE SPECIFIC PLAN SP 01-2) AND DEVELOPMENT
PLAN DR-14) FOR A 34 UNIT SINGLE-FAMILY RESIDENTIAL UNIT DEVELOPMENT
LOCATION: 12800-12806 DALEWOOD STREET
Councilmember Pacheco requested an explanation as to why only one side of the street is
proposed to be painted red. He also inquired as to the precise location that is proposed to be
painted red. Councilmember Pacheco feels that the plans, as submitted with the red curbing,
may cause parking problems.
Councilmember Pacheco also inquired about the access into the development stating that he
has received inquiries and concerns from residents living within the project area, about the
existing traffic pattern as a result of the apartments situated on the comer. One of the concerns
is that when a vehicle is parked at the end of Nolia, the oncoming vehicles have a blind spot. He
requested that staff review the plans and provide an alternative that would mitigate this problem.
Councilmember Pacheco requested staff to confirm and identify the perimeter property walls of
the project and those that divide each property. He also inquired as to the type of block that is
proposed to be used.
Councilmember Pacheco requested staff to review the flag lot property No. 34). He suggested
relocating the driveway on the opposite end of where it is shown on the plans. He also
suggested that the house on the corner property No. 7) be reconfigured such that the front of
one of the homes does not face the side of the neighboring home.
Upon question by Mayor Pro Tern Gair, Principal Planner Harbin stated that the 45' street width
has been approved by the fire department. Mayor Pro Tern Gair requested that staff provide the
Council with information on the minimum size that the street would have to be in order not to
have a red curb side.
A motion was made to OPEN and CONTINUE the public hearing to July 3, 2001.
MOTION: Councilmember Pacheco SECOND: Councilmember Van Cleave Motion carried
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ANNUAL OPERATING BUDGET FOR FISCAL YEAR 2001-2002
Councilmember Pacheco thanked the Finance Department staff for their hard work in preparing
the documents in a timely manner. He requested to receive a more detailed explanation of
some of the line items. He also asked that the previously established City Council/Staff goals
be incorporated into the budget, such that it charts a financial course for this Council.
Councilmember Pacheco asked for clarification regarding the Assistant City Clerk's position.
Chief Executive Officer Keller explained that at the present time, there is only one authorized
full-time position in the City Clerk's Department which is the Deputy City Clerk position. The
proposal is to have two full time positions in that department, by adding an Assistant City Clerk
to the department. Mayor Pro Tern Gair inquired as to whether or not this was a title change for
the current Deputy and a request to add a Deputy. Chief Executive Officer Keller stated that
was probable as to how it would occur noting however, that the main point is that of adding an
additional position. Upon question from Councilmember Pacheco, Chief Executive Officer Keller
stated that the decision to change the existing Deputy City Clerk's title to Assistant City Clerk, is
the intent however that would be determined later. Councilmember Pacheco requested that an
additional position for a total of three full-time positions) be considered for the City Clerk's
department, stating that he feels the department is understaffed and is in need of additional
staffing resources. It was noted that this matter would be discussed at the scheduled budget
workshop.
A motion was made to OPEN and CONTINUE the public hearing to July 3, 2001, and a budget
workshop was scheduled to be held on June 25, 2001, at 5:30 p.m., at City Hall, Room 307.
MOTION: Councilmember Pacheco SECOND: Councilmember Van Cleave Motion Carried
REPORTS OF OFFICERS
CITY OF IRWINDALE'S PROPOSED CONSTRUCTION OF MEDIANS ON ARROW
HIGHWAY/LIVE OAK AVENUE
Mayor Pro Tern Gair expressed concern with the placement of medians on Arrow Highway and
the affects it will have on Baldwin Park businesses along Arrow Highway. She requested that
staff continue to work with the City of Irwindale regarding this matter.
A motion was made to: 1) Commend the City of Irwindale for doing the much-needed Arrow
Highway project and for their effort to beautify this portion of the highway; 2) Request the City of
Irwindale to resolve some of the concerns expressed herein and in the public meeting for these
islands, construction of which will create unsafe conditions; and 3) Request the City of Irwindale
to work with the City of Baldwin Park staff to discuss and resolve some of these concerns.
MOTION: Councilmember Pacheco SECOND: Councilmember Van Cleave Motion carried
PROPOSED EXTENSION OF CONTRACT H. C. & ASSOCIATES
Chief Executive Officer Keller provided the report as follows: The city has contracted with H.C.
& Associates for engineering services, for approximately two 2) years and over the last year, for
Public Works Director services and also for some design and inspection services for public
works projects. This is a request from H.C. & Associates to extend their contract for one
additional year with some additional increases, specifically, the Public Works Director's hourly
rate from $85 to $100 per hour; and design and inspection fees are requested to be increased
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one percent 1%) which is equal to an increase from 4% and 5% to 5% and 6%, With regards to
the design and inspection fees, the City Council can make exclusions in terms of the rate or the
percentage increases however, the actual fees will be applied towards a list of projects which will
need to be brought back to the City Council at a later, after adoption of the budget.
Mayor Pro Tern Gair stated that she will be voting no on this matter, however, her no vote is no
reflection on Director Nayier. She further stated that she would have absolutely no objection if
Director Nayier was appointed as a City employee rather than a contract consultant.
Councilmember Pacheco stated that he is in support of the contract however is not in favor of
the increase. A motion was made to direct staff to bring back a contract that eliminates the fee
increase for council approval.
MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Motion carried
NOES: Mayor Pro Tern Gair
HOUSING COMMISSION APPOINTMENTS AND/OR REAPPOINTMENTS
A motion was made to extend the application date for the filing of these applications and bring
back to the City Council at their meeting to be held July 18, 2001.
MOTION: Councilmember Pacheco SECOND: Mayor Pro Tern Gair Motion carried
ED HEUITNCK AND TERESA VILLEGAS REAPPOINTED TO THE PLANNING COMMISSION
A motion was made waive further reading, read by title only and adopt Resolution No. 2001-
059 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
AMENDING RESOLUTION NO. 2000-69, APPOINTING ED HEUITNCK TO OFFICE NO. 1,
AND TERESA VILLEGAS TO OFFICE NO, 2 OF THE PLANNING COMMISSION."
MOTION: Mayor Pro Tern Gair SECOND: Councilmember Pacheco Motion carried
RAFAEL GARCIA, RITA VASQUEZ, LISA CHENG, ADRIANA BANEULOS AND JANET
JURTADO APPOINTED TO THE RECREATION AND COMMUNITY SERVICES
COMMISSION
A motion was made to waive further reading, read by title only and adopt Resolution No. 2001-
060 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
AMENDING RESOLUTION NO. 2000-068, APPOINTING RAFAEL GARCIA TO OFFICE NO.
4, AND RITA VASQUEZ TO OFFICE NO. 5, AND LISA CHENG TO OFFICE NO. 6 SIERRA
VISTA HIGH SCHOOL STUDENT COMMISSIONER), AND ADRIANA BANUELOS TO OFFICE
NO. 7 BALDWIN PARK HIGH SCHOOL STUDENT COMMISSIONER), AND JANET
JURTADO TO OFFICE NO. 8 NORTH PARK HIGH SCHOOL STUDENT COMMISSIONER),
OF THE RECREATION AND COMMUNITY SERVICE COMMISSION."
MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Motion carried
CLARIFICATION OF APPROVAL OF OFFICIAL POLICE TOW SERVICE PROVIDERS
Acting Chief Kling presented the report as follows: This matter was previously before the City
Council at its meeting held June 6, 2001. Staff is requesting that the Council reconsider the
action that was taken at that time regarding the Official Police Towing providers and the adoption
of Resolution No. 2001-006. The City Council had previously also adopted an ordinance that
provides for the establishment and regulation of official tow service providers in the City of
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Baldwin Park. On December 20, 2000, the City Council selected three 3) towing companies to
serve as the City's Official Police Tow Service providers. Those companies were Budget,
Freddie Mac's, and Royal Coaches Towing. Following that meeting, and at the Council's
direction, the City Council amended Section 100 of the Municipal Code to provide for more
flexibility in meeting the requirements, as well as the flexibility in retaining a tow company for the
big rig and hazardous material responses only. As such, we would have two 2) companies that
would be on a rotational tow basis and would be responsible for meeting the police requirements
for tow services. In the event the department required big rig services the department would be
authorized to call a third company that handles only those types of incidents. Based upon the
revised ordinance, it was apparent to staff, that the majority of the City Council's preference was
to narrow the field of companies to business that are located within the City of Baldwin Park.
Staff failed to make a clear understanding of the City Council's intention to have specifically the
two companies for rotational towing and the third company for big rig towing only. As such, the
staff report that was presented to the City Council on June 6, 2001, did not clearly define the
extent of the services that was to be provided by each of three companies. At this time, this
matter is before the City Council for clarification and it is recommended that the City Council
consider one of the following actions: 1) Ratify the action taken approving Resolution No. 2001-
006 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, DESIGNATING THREE OFFICIAL POLICE TOW SERVICE PROVIDERS AND
AUTHORIZING THE CITY TO ENTER INTO SEPARATE FRANCHISE AGREEMENTS WITH
EACH OFFICIAL POLICE TOW SERVICE PROVIDER, PURSUANT TOO BALDWIN PARK
MUNICIPAL CODE CHAPTER 100"; or 2) Adopt Resolution No. 2001-061 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
DESIGNATING TWO OFFICIAL POLICE TOW SERVICE PROVIDERS AND AUTHORIZING
THE CITY TO ENTER INTO SEPARATE FRANCHISE AGREEMENTS WITH EACH OFFICIAL
POLICE TOW SERVICE PROVIDER, PURSUANT TO BALDWIN PARK MUNICIPAL CODE
CHAPTER 100".
Upon question from Councilmember Van Cleave, Acting Chief Kling stated that the
recommendation and action taken at the last meeting was approving three 3) towing companies
on a rotational basis, which was not the intent of the majority of the Council.
Mayor Pro Tern Gair inquired as to under what circumstances did staff receive council majority
direction to go with the action of two 2) companies. Mayor Pro Tern Gair recalls that this matter
was to come back before the City Council for the purpose of deleting the large equipment and to
change the ordinance to allow for a company that does not meet the requirements of the
ordinance, to be given six 6) months in which to comply. She does not recall this action being
in the form of a motion, but rather a matter of discussion. She does not agree with the comment
made that the council majority has directed the action being brought back, and feels it is in error.
Acting Chief Kling responded, stating that said direction was based upon review of the previous
council minutes and actions taken by the Council, which indicated that two companies were to
serve on a rotational basis and the third is to handle the big rig situations.
Councilmember Garcia stated that direction was given to approve the two smaller companies to
provide the service on a rotational basis and that Freddie Mac's was to be used for the big rig
service. At one point, the Council received a staff report which indicated that Budget Towing
had not met the requirements that were outlined in the franchise agreement. It was then, that
the Council requested that the ordinance be amended which would allow a 6 month grace period
to meet compliance, whereby this would allow Budget Towing time to meet the necessary
requirements. Councilmember Garcia feels that in the past, Budget Towing has been unfairly
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targeted and in order to make amends and to assist the businesses within our community, which
has been done in the past, it made sense to recommend these changes to the ordinance.
Mayor Pro Tern Gair does not disagree with the order of action as explained by Councilmember
Garcia however, she expressed concern with the perception. She also stated that she is
disappointed that Mr. Gonzales of Budget Towing is making statements that he will soon
become the city's exclusive towing service provider.
In response to Mayor Pro Tern Gair's inquiry, Attorney Olvera stated that there may be a
boundary/radius requirement in the ordinance stating the distance that a business may be
located from the city's jurisdiction.
Councilmember Pacheco stated that a company would need to be relatively close to the city in
an effort to provide timely service. He also stated that it was his understanding that the Council
approved two 2) service providers to serve the police department on a rotational basis and one
that would provide big rig service.
Mayor Lozano stated that it is not uncommon for a city to have exclusive providers, citing that
the City of El Monte has only one provider for the entire city.
After lengthy discussion, a motion was made to accept staffs recommendation #2 and waive
further reading, read by title only and adopt Resolution No. 2001-061 entitled, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DESIGNATING
TWO OFFICIAL POLICE TOW SERVICE PROVIDERS AND AUTHORIZING THE CITY TO
ENTER INTO SEPARATE FRANCHISE AGREEMENTS WITH EACH OFFICIAL POLICE TOW
SERVICE PROVIDER, PURSUANT TO BALDWIN PARK MUNICIPAL CODE CHAPTER 100."
MOTION: Councilmember Garcia SECOND: Councilmember Pacheco Motion carried
NOES: Councilmember Van Cleave, Mayor Pro Tern Gair
LEWIS RETAIL PROJECT HUD SECTION 108 LOAN EXECUTION OF FUNDING
APPROVAL/AGREEMENT
A motion was made to waive further reading, read by title only and adopt Resolution No. 2001-
064 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
AUTHORIZING THE EXECUTION AND SUBMITTAL OF A HOUSING AND URBAN
DEVELOPMENT HUD) SECTION 108 LOAN FUNDING APPROVAL/AGREEMENT RELATING
TO THE LEWIS RETAIL PROJECT,"
MOTION: Councilmember Garcia SECOND: Councilmember Pacheco Motion carried
COUNCIL STAFF REQUESTS AND COMMUNICATIONS
POLICE DEPARTMENT THANKED
Mayor Pro Tern Gair thanked the Police Department for the recent illegal street vendor sweep
which resulted in the confiscation of 34 vendor carts and 13 arrests.
POLICE DEPARTMENT ACKNOWLEDGED
Councilmember Pacheco commended the Police Department on the success of the recent
parole sweep.
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2001 06 20 CC MINòw @˜ ‡ ) 2001 06 20 CC MINZFäZHs 2001 CC MIN 06-20-2001Hn City Council Minutes June 20, 2001 Page 9
CROSSING GUARD RECOGNITION
Mayor Lozano requested that the crossing guards be recognized at the first concert in the park
series.
TOASTMASTERS
Councilmember Pacheco reported on a recent Toastmaster's meeting that he attended, noting
that the speaker's message was well delivered. He would like to invite the featured speaker to a
future city council meeting date, perhaps near the date of Veteran's Day in November.
ADJOURNMENT
There being no further items before the Council, meeting was adjourned at 8:51 p.m., to
Monday, June 25, 2001, at 5:30 p.m., in Room 307.
Approved as presented by the City Council at its meeting held September 19, 2001.
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