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Home My WebLink About2001 11 19 CC MIN2001 11 19 CC MINòw @˜†ÀCOUNCIL CHAMBER NOVEMBER 19, 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 REGULAR SESSION at the above time and place. ROLL CALL Present: Council Members: Marten Garcia, Ricardo Pacheco, Bill Van Cleave, Mayor Pro-Tern Linda Gair, and Mayor Manue! Lozano Also Present: Dayle Kelier, Chief Executive Officer; Arnold Alvarez-Glasman, City Attorney; Mark Kling, Chief of Police; Jose Sanchez, Finance Director; Shafique Nayier, Public Works Director; Rick Forintos, Community Development Director; Manny Carriilo, Recreation/Community Services Director; Maria A. Contreras, City Treasurer; Rosemary M. Ramirez, Chief Deputy City Clerk and Kathleen Sessman, Deputy City Clerk Absent/Excused: Kathryn Tizcareno, City Cierk ANNOUNCEMENTS Councilmember Pacheco requested to adjourn this meeting in memory of Union Representative, Joe Barragan. PROCLAMATIONS. PRESENTATIONS AND COMMENDATIONS A proclamation proclaiming December 1, 2001, as Worid AIDS Day" was prepared. Said proclamation will be mailed to recipient. Chief Kling introduced newly appointed Police Captain, Ed Lopez; Lieutenant, Michael Tayior; and Sergeant, Melissa Stehiy. An Oath of Office and Certificate of Appointment was presented to Housing Commissioner Barbara Wynn. Ana Lujan was not present. Ms. Lujan's Oath of Office and Certificate of Appointment will be administered at a later date. An Award of Merit was presented to Vaientin Aguilar in recognition of his bravery and courage demonstrated on November 6, 2001, in which he rescued a child who had encountered an aggressive bee hive, by covering the child with his body and protecting him from serious harm and injury. PUBLIC COMMUNICATIONS Anna Frutos-Sanchez, Southern California Edison Area Representative, announced that she is the newly appointed Region Manager whose area includes the City of Baldwin Park. She looks forward to working with staff and the City Council. BIB] 37285-U01 2001-U02 11-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8655-U03 C4-U03 MINUTES1-U03 01/28/2002-U04 ADMIN-U04 REGULAR-U05 SESSION-U05 MINUTES-U05 CITY-U06 COUNCIL-U06 2001 11 19 CC MINòw @˜†ÀCity Council Minutes-November 19, 2001 Page 2 CONSENT CALENDAR PRESENTED Counciimember Pacheco requested that the following items be removed from the Consent Caiendar for discussion: 1) Item 1-D APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF 2001-02 SAFE ROUTE TO SCHOOLS SIDEWALK PROJECT, C!P 804; 2) Item 1-E APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE 2001-02 PROP C" STREET IMPROVEMENT PROJECT, CIP 871. Mayor Pro Tern Gair requested that the following items be removed from the Consent Calendar for a separate vote: 1) item 1-F MEMORANDUMS OF UNDERSTANDING FOR THE BALDWIN PARK POLICE OFFICERS' ASSOCIATION AND BALDWIN PARK POLICE MANAGEMENT EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JULY 1, 2001 THROUGH JUNE 30, 2004; 2) Item 1-G RESOLUTION AMENDING THE SALARY RANGES FOR CONFIDENTIAL EMPLOYEE GROUP; PROFESSIONAL AND TECHNICAL EMPLOYEES' ASSOCIATION; S.E.S.U LOCAL 347 CLERICAL AND MAINTENANCE EMPLOYEE GROUPS; MANAGEMENT EMPLOYEE GROUP; POLICE OFFICERS' ASSOCIATION SWORN AND NON-SWORN UNITS; AND POLICE MANAGEMENT ASSOCIATION CONSENT CALENDAR APPROVED A motion was made to approve Consent Calendar Item Nos. 1 A-C as presented, and as follows: MOTION: Mayor Pro Tern Gair SECOND: Counciimember Pacheco Motion Carried MJNUTES NOVEMBER 7, 2001 610.40) The minutes of November 7, 2001, Study and Regular Sessions), were approved as presented. CLAIMS AND DEMANDS 300.30) Further reading was waived, read by title only and Resolution No. 2001-109 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 Bii! Van Cleave abstained on all warrants to Mr. Bill's Hardware financial conflict of interest). TREASURER'S REPORT FOR THE MONTH OF AUGUST, 2001 320-20) Report was received and filed. BIB] 37285-U01 2001-U02 11-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8655-U03 C4-U03 MINUTES1-U03 01/28/2002-U04 ADMIN-U04 REGULAR-U05 SESSION-U05 MINUTES-U05 CITY-U06 COUNCIL-U06 2001 11 19 CC MINòw @˜†ÀCity Council Minutes November 19, 2001 Page 3 CONSENT CALENDAR STEMS REMOVED FOR DISCUSSION APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF 2001-02 SAFE ROUTE TO SCHOOLS SIDEWALK PROJECT, CIP 804 eoo-40) Councilmember Pacheco requested that this matter be pulled for discussion however, after review of the item, he had no questions on this matter. A motion was made to approve the plans and specifications and authorize staff to solicit bids for the construction phase. MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Motion Carried APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE 2001-02 PROP C" STREET IMPROVEMENT PROJECT, CIP 871 600-40) Councilmember Pacheco expressed his opposition to some of the streets scheduled in this project for improvements. Director Naiyer stated that there are certain streets, which qualify for Prop C" improvements. Councilmember Pacheco requested that this matter be brought back to the Council for review at the December 5, 2001, City Council meeting. A motion was made to table this matter to December 5, 2001. MOTION: Councilmember Pacheco SECOND: Counciimember Garcia Motion Carried MEMORANDUMS OF UNDERSTANDING FOR THE BALDWIN PARK POLICE OFFICERS' ASSOCIATION AND BALDWIN PARK POLICE MANAGEMENT EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JULY 1, 2001 THROUGH JUNE 30, 2004. 730-29 Mayor Pro Tern Linda Gair requested this matter be pulled for a separate vote. A motion was made to ratify the Memorandums of Understanding for the Baldwin Park Police Officers' Association and the Baldwin Park Police Management Employees' Association. MOTION: Councilmember Pacheco SECOND: Councilmember Van Cleave NOES: Mayor Pro Tern Gair, Councilmember Garcia Motion Carried RESOLUTION AMENDING THE SALARY RANGES FOR CONFIDENTIAL EMPLOYEE GROUP; PROFESSIONAL AND TECHNICAL EMPLOYEES' ASSOCIATION; S.E.I.U LOCAL 347 CLERICAL AND MAINTENANCE EMPLOYEE GROUPS; MANAGEMENT EMPLOYEE GROUP; POLICE OFFICERS' ASSOCIATION SWORN AND NON-SWORN UNITS; AND POLICE MANAGEMENT ASSOCIATION 700-20) Mayor Pro Tern Linda Gair requested matter be pulled for a separate vote. A motion was made to waive further reading, read by title only and adopt Resolution 2001-110 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 2001-094 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK Confidential Employee Group, Professional and Technical Employees' Association, S.E.t.U Local 347 Clerical and Maintenance Employee Groups; Management BIB] 37285-U01 2001-U02 11-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8655-U03 C4-U03 MINUTES1-U03 01/28/2002-U04 ADMIN-U04 REGULAR-U05 SESSION-U05 MINUTES-U05 CITY-U06 COUNCIL-U06 2001 11 19 CC MINòw @˜†ÀCity Council Minutes-November 19, 2001 Page 4 Employee Group, Police Officers' Association Sworn and Non-Sworn Units; and Police Management Association) MOTiON: Coundlmember Pacheco SECOND: Council member Van Cleave ABSTAIN: Mayor Pro Tern Gair, Coundlmember Garcia Motion Carried REPORTS OF OFFICERS STATUS UPDATE-ESTABLISHMENT OF A DOWNTOWN PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT PBiD) 360-70) A motion was made to authorize Downtown/Main Street Visions DMSV) to proceed with Petition Drive efforts and report back to the City Council within 60 days, or sooner. It was noted that the estimated cost for additional services, will be paid on an hourly basis, not-to-exceed $5,000. ft was additionally noted that DMSV will participate as an advisor in this process. Lastly, Director Forintos noted that the Baldwin Park Chamber and the Hispanic Chamber of Commerce will be involved in this process. MOT!ON: Coundlmember Pacheco SECOND: Coundlmember Van Cleave NOES: Mayor Pro Tern Gair Motion carried COUNCIL / STAFF REQUESTS AND COMMUNICATIONS REQUEST FROM COUNC3LMEMBER PACHECO FOR DISCUSSION RELATING TO THE STATUS OF RECRUITMENT FOR HOUSING AND OTHER STAFFING Coundlmember Pacheco requested that the City Council be involved in the hiring process of the Housing Manager. He also requested that the City Council review the Housing Manager resumes. There were no objections. COUNCILMEMBER GARCIA'S COMMENTS RELATING TO POLICE OFFICERS' ASSOCIATION CONTRACT Counciimember Garcia requested, for the record, to clarify her stand on the issue that was voted on regarding the contract Agreement with the Police Department, as follows: I am disappointed to see that the President and Representatives of the Association are not here tonight. My vote tonight in no way reflects my not supporting the Police Department, i am in tota! support of the Police Department. My concern is the financial status of the City of Baldwin Park and i am voting based on the interest of the City. i met with the Association a year ago, when we had just completed the budget process for the prior year. At that time, explained to them that the City was in no financial shape to be able to meet the demands that they were requesting under their proposed contract. At the time, i explained to them that the City... actually, i invited them to look at our financial books, look at our budget, to hire someone to look at the budget, which they chose to do, and they did. They hired an accountant who came in and looked at the books. The results that the accountant came up with were that the City had no money to be able to meet their demands. It is a surprise to me that this Coundi, having gone a second budget process, still approved the demands of the Police Association. At that time, I told them that I was going to be honest and straight with them and that was the reason could not support this increase. The whole issue came back because they did not understand the 2% total compensation increase, i believe that the person that was representing the Police Association was responsible for explaining this to the Association and in not doing so, the City now has to foot the mistake of this individual, i toid the Association at this time, BIB] 37285-U01 2001-U02 11-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8655-U03 C4-U03 MINUTES1-U03 01/28/2002-U04 ADMIN-U04 REGULAR-U05 SESSION-U05 MINUTES-U05 CITY-U06 COUNCIL-U06 2001 11 19 CC MINòw @˜†ÀCity Council Minutes November 19, 2001 Page 5 that in three years time, there is a light at the end of the tunnel. That this council was going to work diligently to bring in redevelopment projects into the City of Baidwin Park so that we can, at that time, provide them with the increases that they deserve.! told them that when that time came, that I would be here to make sure that that would happen. I aiso explained to them that I would work hard in the interim, to make sure to look at other areas so that we can bring in some additional revenues into the City and that is when I created... spearheaded the Finance Committee. Some of the members of the Association, were also involved in the Finance Committee and some of the members of the e-team, and members of staff of city hall, know that there are some revenues... some significant fevenues, that-we are actually tapping into and we are going to see coming into our city coffers. I told them that S would do that. I gave them my word and I am doing that. just wanted to clarify that I am still committed to making sure that that happens and that I support our Police Department, but I strongly believe that at this point, and for whatever reasons, personal reasons, people may have for doing this, that strongly believe that in the financial situation that this city is in at the present time, that we couid not afford it. But in three years time, S will work hard, I give you my word, and at that point, we wiii be able to provide them with the raises that they deserve. So Mark; i know that... Chief, that you are here representing the Police Department. I hope this message gets back to them because i believe that there has been perception that! don't like the police department, that I hate the police department, and that is far from the truth, i have only been honest and straight with them and sometimes i guess that does not pay off to do. will meet with them myself, and will express my views with them myself. They indicated at the last meeting that they wanted to start building relationships with the City Council and that they v/ere going to make us proud and work hard. They gave us their word. am going to keep them to their word. On the same token, I will keep my word, in supporting them in three years time, when I know that our situation will be much, much better than it is today. I just needed to say that. Thank you." Councilmember Van Cleave confirmed his support for the Police Department and the approval of the Police Officers' Association contract. He stated that the amount approved is not a significant amount. He is glad that the parity clause went into effect and that all employee groups will receive the same amount of compensation. Councilmember Pacheco stated that this Council has in fact worked on making the City financially stable. He stated that the 3%, per year increase is approximately average, if not iess, then the cost of living increases throughout Los Angeles County. He feels that the increase is reasonable and feels confident that the City is in the financial position to offer said increase. Mayor Lozano stated that in the future, should the State take away additional City funding, which in turn causes the city to experience a deficit, that the City Council would take whatever action necessary, possibly even to reorganize, to reassure that the city would continue to offer the same services as it currently does. Presently, this City is doing well. We have attracted retail stores to the City, which will potentially make up for potentially lost revenue. MOSQUITO ABATEMENT PROGRAM Mayor Pro Tern Gair spoke of a serious bee problem at her home. She noted that situations such as the one experienced by her, are not available for County assistance unless however, the city is a participant of the Mosquito Abatement Program. She requested that the Council seek to participate in the Mosquito Abatement program and that a report be brought at a later date. There were no objections. BIB] 37285-U01 2001-U02 11-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8655-U03 C4-U03 MINUTES1-U03 01/28/2002-U04 ADMIN-U04 REGULAR-U05 SESSION-U05 MINUTES-U05 CITY-U06 COUNCIL-U06 2001 11 19 CC MINòw @˜†ÀCity Council Minutes November 19, 2001 Page 6 WEB-SITE PRESENTATION Chief Executive Officer Keller advised that the web-site presentation would be re-scheduled for those not in attendance earlier this date. STATE FUNDING UPDATE Recreation Director CarrilSo distributed information to Council regarding State-funding update, it was noted that certain funding that was originally funded to the City, would be frozen by the Legislature. VEHICLE LICENSE FEES Mayor Pro Tern Gair expressed concern with the potential loss of vehicie license fees. She requested that the City strongly and activeiy oppose this matter. Chief Executive Officer Keller will set up meeting with Mayor Lozano and one 1) Counciimember regarding this matter. Councilmember Pacheco requested to attend the meeting. He also suggested that City representatives be sent to Sacramento. Councilmember Garcia commented on the potential loss of revenues as a result of ERAF and reminded Council to be fiscally responsible. MID-YEAR BUDGET REVIEW Chief Executive Officer Kelier stated that a mid-year budget review will be scheduled in mid December. Subject report wii! include three 3)-year projections. Councilmember Pacheco noted the importance in which financiai information is presented to the public. Chief Executive Officer Keller stated that the monthly and quarterly reports will be distributed. STUDY SESSION CONVENED The City Council convened to meet in Study Session at 8:16 p.m., with all members present. CLOSED SESSION The Council/Agency recessed into Closed Session at 8:17 p.m. and reconvened at 8:40 p.m., with a!i members present. Assistant City Attorney John Oivera reported the action as follows: CONFERENCE WtTH LEGAL COUNSEL ANTICIPATED LITIGATION GC 54956.9) 1) initiation of Litigation GC 54956.9(c)) Number of Cases 1) ACTION: Assistant City Attorney Oivera briefed the Council. No final action taken. Nothing further to report. 2) Significant Exposure to Litigation GC 54956.9(b)) Number of Cases 1) ACTION: Assistant City Attorney Otvera briefed the Council. No final action taken. Nothing further to report. BIB] 37285-U01 2001-U02 11-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8655-U03 C4-U03 MINUTES1-U03 01/28/2002-U04 ADMIN-U04 REGULAR-U05 SESSION-U05 MINUTES-U05 CITY-U06 COUNCIL-U06 2001 11 19 CC MINòw @˜†ÀCity Council Minutes November 19, 2001 Page 7 ADJOURNMENT There being no further matters for discussion; the meeting was adjourned at 8:45 p.m., in memory of Joe Barragan, Union Representative. Approved by the Council at their meeting held December 5, 2001. BIB] 37285-U01 2001-U02 11-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO8420-U03 FO8621-U03 DO8655-U03 C4-U03 MINUTES1-U03 01/28/2002-U04 ADMIN-U04 REGULAR-U05 SESSION-U05 MINUTES-U05 CITY-U06 COUNCIL-U06