The URL can be used to link to this page

Home My WebLink About2003 05 07 CC MIN SS2003 05 07 CC MIN SS(ÌìÆ)COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 MAY 7, 2003 WEDNESDAY 5:00 P.M. The CITY COUNCIL and COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in STUDY SESSION at the above time and place. ROLL CALL Present: Councilmember/Member Marlen Garcia, David Olivas, Ricardo Pacheco, Mayor Pro- Tem/Vice-Chair Bill Van Cleave, and Mayor/Chair Manuel Lozano arrived at 5:30 p.m.) Also Present: Dayle Keller, Chief Executive Officer/Executive Director; Stephanie R. Scher, City Attorney/Agency Attorney; Jose Sanchez, Finance Director; Shafique Naiyer, Public Works Director; Melecio Picazo, Interim Community Development Director; and Kathleen Sessman, Deputy City Clerk SUBSEQUENT NEED ITEM ADDED TO AGENDA Attorney Scher advised the City Council that an item regarding approval of an Agreement for Attorney Services Rutan & Tucker, be added to the Consent Calendar portion of the regular meeting agenda scheduled this evening at 7:00 p.m. This item developed after the posting of the notice of agenda and there is an immediate need for the Council to take action on this item. A motion was made to add the item as recommended by the attorney as follows: Consent Calendar Item 1-L, Approval Of Agreement for Attorney Services Rutan & Tucker. MOTION: Councilmember Pacheco SECOND: Councilmember Olivas Carried PUBLIC COMMUNICATIONS Richard McKee, President of the California 1st Amendment Coalition expressed concern with the procedures presently in practice. He stated that it is illegal to add items to a Special Meeting, and if the designation is not clear as to the starting time of a regular meeting cities run the risk of a challenge. Mr. McKee stated that he came here tonight to talk to the Council about their closed session, specifically the closed session on existing litigation Van Cleave) listed on the agenda. He stated that said item obviously falls under subdivision a), and that under subdivision a) one has to read the very beginning of 54956.9 to realize that when a discussion in open session concerning those matters would prejudice the position of the local agency in the litigation, that is what allows the Council to go into closed session. He stated that he did not think the Council can be prejudice in this litigation, stating that Councilman Van Cleave's case is a criminal case not a civil case. He further stated that he has trouble finding what type of discussion was held in closed session that would prejudice the city in this litigation. He further stated that there are particular findings which the Council is aware of especially since the City Council has had two prior closed session on this matter, Council must make these particular findings of fact before they can consider whether or not to supply legal counsel or funds for legal counsel to an elected official. These findings must be public, the comments made by elected officials must be public so that the public can determine why the Council is making its determination and the public must be involved throughout. He suggested making the agenda clearer. He further suggested stating what must be found by BIB] 37799-U01 2003-U02 05-U02 07-U02 CC-U02 MIN-U02 SS-U02 LI1-U03 FO8420-U03 FO16119-U03 DO18411-U03 C4-U03 MINUTES1-U03 6/26/2003-U04 ROBIN-U04 STUDY-U05 SESSION-U05 2003 05 07 CC MIN SS(ÌìÆ)Study Session Minutes May 7, 2003 Page 2 this local agency and allowing the public to speak to each one of those issues. He cautioned the Council, stating that this is one of those areas where a council can get into great difficulty, when he addressed the City of South Gate, who had scheduled a closed session to discuss a similar issue and reminded them of GC 995.8 and its requirements they cancelled the closed session and held the meeting in open, invited the public to come to speak to those specific issues and the specific finding were made before they took their vote. In closing he asked Council to think carefully about its procedures. Mary Ferrer expressed her concern about her community and expressed opposition to the use of public funds to pay for Mayor Pro Tern Van Cleave's legal fees, this is a personal issue not a city issue. If the City Council votes to support to pay for any litigation, she intends to recall those Councilmembers that support such action. She further stated that she will seek legal counsel to sue, not only those Councilmembers that support this but also the City for misappropriation of public funds. Dan Trunco expressed his disproval of the use of public funds to pay for Mayor Pro Tern Van Cleave's legal counsel. He further stated that Councilman Van Cleave's issue is a private matter and the city should not be responsible for what he does on his own. In response to comments made regarding the Brown Act, Attorney Scher stated that comments are well taken and will be reviewed. She further stated that one of the things the Council can go into closed session for is to see whether it is appropriate to go into closed session and will work to keep the city in compliance in terms of the Brown Act. PUBLIC HEARING PUBLIC HEARING TO CONSIDER AN APPEAL TO THE ORDER OF SUSPENSION OF BUSINESS PERMITS NOS. 99-1300 AND 99-1301 FOR THE OPERATION OF SMOKEY'S STEAK HOUSE; CASE NO.: CC-AP 2003-01 Continued from April 2, 2003) A motion was made to open and continue to June 18, 2003 at 5:00 p.m. MOTION: Councilmember Pacheco SECOND: Councilmember Olivas Carried CLOSED SESSION The Council/Agency recessed to Closed Session at 5:25 p.m. and reconvened at 7:00 p.m., recessed at 9:00 p.m. and reconvened at 9:40 p.m., with all members present. City Attorney/Agency Attorney Stephanie R. Scher reported the action as follows: PUBLIC EMPLOYEE APPOINTMENT GC 54957) Title: City Attorney/Agency Counsel ACTION: Appointments confirmed. Said contracts are scheduled for approval on the regular City Council Agenda this same date. Title: Public Works Director ACTION: Tabled BIB] 37799-U01 2003-U02 05-U02 07-U02 CC-U02 MIN-U02 SS-U02 LI1-U03 FO8420-U03 FO16119-U03 DO18411-U03 C4-U03 MINUTES1-U03 6/26/2003-U04 ROBIN-U04 STUDY-U05 SESSION-U05 2003 05 07 CC MIN SS(ÌìÆ)Study Session Minutes May 7, 2003 Page 3 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION GC 54956.9) Name of Case: People vs. Bill Van Cleave ACTION: City Council received briefing. No final action was taken. Nothing further to report. Name of Case: Thomas Siegfried et. al. vs. City of Baldwin Park Case Number: BS072594 ACTION: City Council received briefing. No final action was taken. Nothing further to report. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC 54956.8) Property: 3145 Baldwin Park Blvd Negotiating Parties: Agency Negotiating with Charles Co. Agency Negotiators: Dayle Keller and Melecio Picazo Under Negotiation: Price and Terms of Sale ACTION: Report was made and a briefing provided. No final action taken. Nothing further to report. CONFERENCE WITH LABOR NEGOTIATOR GC 54957.6) Agency Negotiators: Dayle Keller, Chief Executive Officer; Jose Sanchez, Finance Director; Kara Bouton, Assistant to the Chief Executive Officer; and other representatives as designated. Employee Organizations: SEIU Employees, Clerical Employees, Professional and Technical Employees, Confidential Employees, and General Management Employees ACTION: Council received briefing. No final action taken nothing further to report. COUNCIL/AGENCY STAFF REQUESTS AND COMMUNICATIONS REQUEST BY MAYOR LOZANO FOR DISCUSSION OF PAYMENT OF ATTORNEY'S FEES FOR MAYOR PRO TEM BILL VAN CLEAVE Pending receipt of an opinion from the attorney on this matter, staff was directed to place this item on the agenda. There were no objections. ADJOURNMENT There being no other matters before the Council/Agency, the meeting was adjourned at 9:50 p.m. Approved as presented by the Council/Agency at their meeting held May 28^2003 ly/ / ITk-U,^^ \d.L^<} nn Z/v. athleen R.^Sessman Jose Sanchez Deputy City Clerk Agency Secretary BIB] 37799-U01 2003-U02 05-U02 07-U02 CC-U02 MIN-U02 SS-U02 LI1-U03 FO8420-U03 FO16119-U03 DO18411-U03 C4-U03 MINUTES1-U03 6/26/2003-U04 ROBIN-U04 STUDY-U05 SESSION-U05