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Home My WebLink About1994 01 05 CC MIN1994 01 05 CC MINòw @˜yõCC MIN JAN 5 1994[Þ›[Hp8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVE, WEDNESDAY, JANUARY 5, 1994 AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chambers at 7:00 p.m. ROLL CALL: PRESENT: COUNCILMEMBERS MARTINEZ, MCNEILL, ROLL CALL AND MAYOR PRO TEM GALLEGOS ALSO PRESENT: City Attorney Bower, Dir. of Administrative Services Yeats, Chief of Police Lanza, Dir. of Community Services Carbajal, Dir. of Human Services Nunez, Dir. of Public Works Mousavi, City Treasurer Montenegro, Deputy City Clerk Branek, and City Clerk Gair 00- The absence of Mayor Vargas was excused. ABSENCE Mayor pro tern Gallegos announced that Mayor Vargas was ANNOUNCE- attending his grandfather's rosary. MENT 00- ORAL COMMUNICATION Mayor Vargas declared Oral Communications open and ORAL COMMU invited those wishing to speak on any subject to come NICATION forward. OPEN Bette Lowes, 14122 Chilcot, requested information from LOWES City Clerk Gair regarding the number of meetings Councilman Izell was absent in the last two years and the last six months. She stated that Council had functioned well without Councilman Izell and stated her opposition to the Council appointing someone to the vacant seat with only five meetings left until the April 12th election. Richard Moran, 13324 Kenmore, stated that prior to MORAN resigning his position as a pastor, he was involved in ministering to the Gang Reach Out." Currently, he is involved in Community Vision Outreach," and he invited the community to their meeting at the Community Center on January 6th at 7:00 p.m. Erica Rodriguez, 4212 Harlan, Sierra Vista ASB RODRIGUEZ representative, invited everyone to the annual blood drive, at the high school, on January 25th. William Van Cleave, 13232 Emery, stated that he knew VAN CLEAVE the effectiveness of the Police Bike Patrol and that he was glad to see two more bikes added to the force. He further stated his opposition to the Council appointing someone to the vacant Council seat. Larry Walton, 3802 Big Dalton, stated his opposition to WALTON Council appointing someone to the vacant Council seat. He felt that a joint effort needs to be made by the Council and the School District to get more children in Head Start. BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 5-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3575-U03 DO3576-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 01-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3576-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 01 05 CC MINòw @˜yõCC MIN JAN 5 1994[Þ›[Hp8REGULAR MEETING OF THE CITY COUNCIL JANUARY 5, 1994 OF THE CITY OF BALDWIN PARK PAGE TWO There being no other speakers, Mayor Pro Tern Gallegos CLOSED declared Oral Communications closed. 00- CONSENT CALENDAR City Clerk Gair presented Consent Calendar A: CONSENT CALENDAR 1. Approval of Certificate of Posting for January 5, 1994 2. Approve Minutes of December 15, 1993 3. Waive Further Reading and Adopt RESOLUTION NO. 94-1 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Waive Further Reading and Adopt ORDINANCE NO. 1076 AMENDING SECTION 15.05.140 Second Reading) OF THE MUNICIPAL CODE RELATING TO REQUIREMENTS FOR INSTALLATION OF SIDEWALK & OTHER OFFSITE IMPROVEMENTS 5. Waive Further Reading and Adopt RESOLUTION NO. 94-3 ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1994 6. Approval to Purchase Two 2) Bicycles for Police Patrol 7. Approve Award of Bid West Covina Auto Body Repair Police Vehicle It was moved and seconded to approve Consent Calendar A CONSENT as presented. MIS/C: MCNEILL/MARTINEZ. There were no CALENDAR A objections. APPROVED City Clerk Gair presented Consent Calendar B: 1. Waive Further Reading and Adopt RESOLUTION NO. 94-2 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK RELATING TO SOUTHERN CALIFORNIA EDISON) City Attorney Bower clarified the need to have three DIRECTION affirmative votes on Consent Calendar B and requested the item be continued to the next meeting. It was moved and seconded to continue Consent Calendar B CONSENT to the regular City Council meeting of January 19th. CALENDAR B MIS/C: MCNEILL/GALLEGOS. Councilman Martinez abstained CONTINUED due to a possible conflict of interest. 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES City Clerk Gair stated that the resignation of CITY Councilman Izell created a vacancy on the City Council. COUNCIL Council must within 30 days fill the vacancy by VACANCY appointment or call a special election. She stated that the appointed person's term would expire in April, and the qualifications required. The resolution calling the election was adopted on November 3, 1993 and that BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 5-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3575-U03 DO3576-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 01-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3576-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 01 05 CC MINòw @˜yõCC MIN JAN 5 1994[Þ›[Hp8REGULAR MEETING OF THE CITY COUNCIL JANUARY 5, 1994 OF THE CITY OF BALDWIN PARK PAGE THREE included Bobbie Izell's term. It was recommended that Council either fill the vacancy by appointment by adoption of a Resolution or leave the position vacant and allow it to be filled at the April 12, 1994, General Municipal Election. If Council should decide to appoint, a blank Oath of Office and the Notice of Appointment has been prepared. VERBATIM MINUTES FOR REMAINDER OF REPORTS OF OFFICERS. VERBATIM Councilwoman McNeill: What I am about to say, is MCNEILL neither for or against any person who might be appointed by the Council. I think to appoint someone to Council is inappropriate at this time, because we only have three months before an election. It is not that critical to go ahead and appoint people who would have the status of incumbent at the time of the election, which would give that person a head start on other incumbents. That would not be fair, let's leave the appointment alone and leave the Council replacement to the people, the voters. Councilwoman McNeill: I move that we leave this position MOTION vacant till the election. Mayor pro tem Gallegos: The motion dies due to the lack MOTION of a second. DIES Mayor pro tem Gallegos: Prior to us making a decision, GALLEGOS I would like to make some comments. I appreciate the input from the individuals that came up here and spoke their mind clearly about what their feelings were with regards to this decision. However, since the three of them that came up here are all three potential candidates, I can't help but feel that those were not objective and unbiased opinions, but rather opinions coming from individuals who have a personal stake in the decision and of course the upcoming election. My feeling is, and I have stated this before, I have made it very clear, that the people of this City deserve to have a full Council, a Council that is active, that is vital, that is participatory, a Council that can fully deal with all the concerns and all the needs of this community. The people have elected us here today on the Council, to make the decisions that we feel that are best for all the people in the community. My personal feeling is, that this City, and all its residents are best served at this time, by a full complimented Council. The reason for that is, that this Council, right now, is very active, it is very involved and it is making a lot of progress and have a lot of critical decisions that will have to be made within the period of time from now till the time for the April election. Decisions regarding the mid-year-budget review, personnel restructuring, public works projects and other decisions that are very vital to maintain the public safety of this community as well as to maintain the positive quality of life. I think it would be an absolute pity if this community were not being overseen and decisions were not being made by a full Council. My feeling is that we do have individuals and we do have a specific individual, who I think has already demonstrated the dedication, and the commitment to this community. Who has participated and contributed in this community by a demonstration of leadership, not only because I say that this person and individual has demonstated leadership, but because she has been empowered with leadership by her peers, who have recognized the quality and the stature of her skills and her abilities. We need a Council person who is intelligent, is educated, who will bring new approaches, BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 5-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3575-U03 DO3576-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 01-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3576-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 01 05 CC MINòw @˜yõCC MIN JAN 5 1994[Þ›[Hp8REGULAR MEETING OF THE CITY COUNCIL JANUARY 5, 1994 OF THE CITY OF BALDWIN PARK PAGE FOUR new ideas, new commonsense solutions to a lot of the problems we are faced with and the decisions that we have to make. This is an individual who has a great deal of creativity, and because of that creativity is going to be a very active, participating and contributing member of this Council. That being said, it is my honor, my pleasure and my MOTION TO privilege to move that we appoint Mrs. Ten Muse from APPOINT our Human Services Commission, to fill the vacancy on TERI MUSE the City Council from now to April, 1994. Councilman Martinez: Second. MARTINEZ Mayor pro tem Gallegos: I have a motion and a second GALLEGOS Are there any objections? Hearing no objections.... Councilwoman McNeill: I object. I did object for MCNEILL reasons already, stated not that I have anything against the person, but the method of doing it. Mayor pro tem Gallegos: One thing I might reiterate is GALLEGOS come April if the public is not satisfied with the job that this person is going to do, they have the option to vote in other people. It's their right and that's the democratic process. This is not a political action that is being taken, this is an action that's being taken by need. This action is not politically motivated, it is motivated by the need in this community to have strong leadership, experienced individuals who are vital and who are going to participate to continuing with the vision that this Council has already laid out and that will help us achieve the goals that have been clearly deleniated by this Council previously. The people will have their right to their opinion in April. Gallegos: There has been a motion and a second and DIRECTION there is one objection. Mrs. Gair will you please call roll. ROLL CALL VOTE: ROLL CALL AYES GALLEGOS, MARTINEZ NOES MCNEILL MOTION ABSTAIN: NONE APPROVED City Clerk Gair: Do we also need to adopt the GAIR resolution by number, Mr. Bower? Does this also need to have the resolution adopted too? City Attorney Bower: Consider the resolution adopted BOWER with that motion. City Clerk Gair: That would be then Resolution No. 94-4 RESOLUTION that you adopted. 94-4 ADOPTED Mayor pro tern Gallegos: At this time is it Council's GALLEGOS desire to swear in the new Councilmember? Councilman Martinez: Fine with me. MARTINEZ Councilwoman McNeill: I have no objection. MCNEILL Mayor pro tern Gallegos: If so, Mrs. Muse will you GALLEGOS please step forward to the podium. Mrs. Gair would you please carry out the duties. City Clerk Gair: Mr. Bower, we have a question GAIR regarding three Councilmembers, some people don't understand that the two to one vote would carry. BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 5-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3575-U03 DO3576-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 01-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3576-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1994 01 05 CC MINòw @˜yõCC MIN JAN 5 1994[Þ›[Hp8REGULAR MEETING OF THE CITY COUNCIL JANUARY 5, 1994 OF THE CITY OF BALDWIN PARK PAGE FIVE City Attorney Bower: Yes, with the, as with most action BOWER other than the adoption of an ordinance or the adoption of a resolution for the payment of money, which require three affirmative votes, most other actions by the Council, unless there is a specific statute on point that requires more, the Council can take action by a majority of the quorum. In this case a quorum is three, so a majority of two is sufficient to pass any action. City Clerk Gair administered the Oath of Office to Ten OATH OF Muse as Councilmember to fill the unexpired term of OFFICE Councilman Izell. 00- COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Councilwoman McNeill moved that Council reconsider MOTION appointing Nell Soto as representative on the South TO APPOINT Coast Air Quality Management District. SCAQMD Motion died due to the lack of a second. MOTION DIES It was moved and seconded to continue to support CRUZ- Christina Cruz-Madrid as representative on the SCAQMD. MADRID M/S/C: MARTINEZ/MCNEILL. There were no objections. APPOINTED Councilman Martinez announced that Assistant to the City MARTINEZ Manager Volmert had resigned and accepted a position as Assistant City Manager in Corvalles, Oregon. Council expressed their congratulations and best wishes to Mrs. Volmert. 00- The regular meeting of the City Council recessed at 7:45 RECESSED p.m. 7:45 P.M. The regular meeting of the City Council reconvened at RECONVENED 7:46 p.m. Roll call remained the same. 7:46 P.M. 00- CLOSED SESSION The regular meeting of the City Council adjourned to a CLOSED Closed Session to consider pending litigation, Rose vs SESSION the City of Baldwin Park, pursuant to Government Code 54956.9(a). 00- The regular meeting of the City Council adjourned at MEETING 8:05 p.m. to an adjourned regular meeting on January ADJOURNED 7th. at 8:00 a.m. in Room 307. There were no 8:05 P.M. objections. LINDA L. GAIR, CITY CLERK BETTY BRANEK, DEPUTY CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 JAN-U02 5-U02 1994-U02 LG1-U03 LI1-U03 FO3433-U03 FO3434-U03 FO3575-U03 DO3576-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37256-U01 1994-U02 01-U02 05-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO8589-U03 DO3576-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05