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HomeMy WebLinkAbout1996 10 16 CC MIN1996 10 16 CC MINòw @˜|ÞCC MIN OCT 16 1996â›[H÷8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL 14403 EAST PACIFIC AVENUE, WEDNESDAY, OCTOBER 16, 1996 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 LOWES, LOZANO, MUSE, AND MAYOR VARGAS ALSO PRESENT: City Attorney Bower, City Manager Yeats, Acting Chief of Police Kies, Dir. of Public Works Mousavi, Dir. of Rec/Community Services Nunez, City Treasurer Montenegro, Deputy City Clerk Branek, and City Clerk Gair Acting Chief of Police Kies introduced Police Officer Luis Villalobos and told of his background and experience. City Clerk Gair administered the Oath of Office to Police Officer Luis Villalobos. ooZ City Attorney Bower stated that after the posting of the Agenda a request for Council consideration to oppose Proposition No.209, support Proposition No.210, and oppose Proposition No.218 was requested. It was moved and seconded to add to the Agenda, under Reports of Officers, Commissions and Committees, a Subsequent Need Item to consider Propositions No.209, 210 and 218. MIS/C: VARGASIMUSE. There were no objections. ORAL COMMUNICATION Mayor Vargas declared Oral Communications open and invited those wishing to speak on any subject to come forward. Al Reale, 14675 Channing, thanked Council for attending the Senior Citizens dance, BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|ÞCC MIN OCT 16 1996â›[H÷8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.2 OF THE CITY OF BALDWIN PARK OCTOBER 16, 1998 and Ralph Nunez for running the Senior Center. He invited everyone to visit the Senior Citizen Center. Susan Van Cleave, 13232 Emery Darlene 3542 Stichman Mary Heist, 4917 Azusa Canyon Rd. Julie Castro, 13240 Emery Larry Walton, 3802 Big Dalton Roy Test, 15115 Kenoak Pete Perry, 2516 Larkwood Dr., Fullerton Sarah Van Cleave, 13232 Emery Spoke in support of Bill Van Cleave for appointment to fill the vacant Council Seat for the following reasons: 1) Others have been appointed to office; 2) He is active in the community and has historical knowledge of the City; 3) He received the next highest vote 4th) at the last election, and he would be the next in line for the appointment; 4) He could work with everyone on the Council, and that not everyone agrees all the time on various issues; 5) He has a real sense for business; 6) That Mr. Bill is surrounded by different races and he is willing to help everyone; 7) If only four Councilmembers are needed then why have five seats; 8) It is an injustice not to appoint Mr. Bill to the Council seat; 9) He is proud of the City; 10) He attends Council meetings and under Oral Communication offers his opinion that adds insight on various subjects; and 11) He would be an excellent choice and a dedicated Councilmember. Susan Van Cleave, 13232 Emery, stated that the San Gabriel Valley Tribune had printed in error that Bill Van Cleave lead a recall on the Mayor. Margarita Mota, 3343 Maine Avenue, member of EVO, Darlene, 3542 Stichman, translator for Margarita Mota, stated that she is a citizen, she is an active leader for voting, and that she plans to vote in November and March. She wants the Council seat to stay vacant rather than have a special election. Ricardo Pacheco, 3436 La Vista, stated that he is a graduate of Cal State L.A. He stated that this City Council has made a lot of positive changes in the City. He requested that Council leave the seat vacant and let the voters decide in March who should fill the seat. Carolyn Anderson, Waste Management representative, 13900 Live Oak, stated that they have already started advertising the automated system implementation. She further stated that they would participate in the Celebrate Baldwin Park celebration. Bill Van Cleave, 13232 Emery, asked to be appointed to the vacant Council seat. He stated that all the Council will be members of St. John's Church, and that he is a Baptist. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|ÞCC MIN OCT 16 1996â›[H÷8REGULAR MEETING OF ThE CITY COUNCIL PAGE NO.3 OF THE CITY OZ BALDWIN PARK OCTOBER 16,1996 4 He told of his accomplishments and the accomplishments of the previous Council. He spoke of his feeling on the appointments to previous Council seats. He also stated that he would run for Council in March and that he can work with all the Council. Graciela Aguilera, 4014 Stichman, requested that Council leave the seat vacant or appoint someone that can work with everyone. The election in March is the best, the people can decide who they want in office. Frank Estrada, 4119 Stewart, stated that some of the people are talking about the race card being played. That is what happened with the appointment of Mr. Lopez over Mr. Kies. It was stated that a more ethically diverse person was needed on the Council. He stated that this disturbs him. A democratic vote is needed, the person that gets the most votes wins, no matter what color, or race. It only takes 5% of the registered voters to win. Marina Montenegro, 313 Park Shadow Court, stated that she agrees with Mr. Estrada the race card is being played. She stated that previously she had asked for the qualifications of Mr. Lopez, and later learned that he had none. She could see what race he was. She stated that she had previously asked about the qualifications of Planning Commissioner Danny Galindo. She referred to a vote by Commissioner Galindo on Global Billiards that he did not understand the term grandfather clause" She then told of the length of time her family has lived in this community and referred to the book, The Heritage of Baldwin Park" that is available at the Historical Society. She told that her mother has served as City Treasurer for 20 years, and prior to that she was attending Council meetings. She also stated that it is not true that the white people hate the Mexicans as some on the Council are saying. Also, it is the citizens First Amendment right to badger elected officials. Larry Walton, 3802 Big Dalton, asked for clarification if he had the right to speak his mind at the Council meetings. He stated that he fought in Vietnam with several different people of various races and that he has a lot of friends in the community of all races. He asked where were all the people when the appointments were made for Councilmembers Muse and Lozano, like they are here tonight. Martha Hernandez, Darlene, 3542 Stichman, translator for Mrs. Hernandez, stated that she is a long time resident of the City. She stated that she was not in support of anyone just because they are Latino or white, it's the best person for the job. She will back the best person for the appointment. She further stated that she was speaking in Spanish, because she does not speak English very well. She is becoming a citizen soon and a translator is needed for those that do not speak English well. She asked for the support of Council, that the Latinos are a driving force in the City, and that the appointment needs to be made with the heart not the head. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|ÞCC MIN OCT 16 1996â›[H÷8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.4 OF THE CITY OF BALDWIN PARK OCTOBER 16,1996 Johnny Gonzales, 3819 Monterey, stated his disappointment with the Mayor and invited him to sit down and discuss all the appointments that have been made on this Council, and not to bring people from Whittier and Montebello to appoint. Carolyn Lake, 13536 Francisquito #D, stated that she has lived in the City for 9 years. She stated that soon she will be voting and that she will vote for all the Council. She further stated that this Council has made a change in the City. She commented on the previous conditions of the park, and now the park is a safe, clean place for families. She disagreed with those that criticize the Mayor, and stated that she was touched that the Mayor contacted her after she spoke at a previous Council meeting. Roy Test, 15115 Kenoak, congratulated Captain Kies on his recent appointment as Acting Chief of Police and that the Police Department is in good hands. David Muse, 3575 Vineland stated that Council has a tough job as far what's needed to be done. The speakers have demonstrated their opinions. People are talking about unity, but they are really divided. The race card is being brought by the audience, not by the Council. He also congratulated Captain Kies for his appointment as Acting Police Chief. He commented on the good job being done by all the Directors of the various departments. He further stated that whatever choice Council makes, he would support it. Anna Mora, 3141 Paddy Lane, stated that she was angered by the comment made by the Mayor that if anyone asks a question, they do receive an answer. She was happy to see all the people at the Council meeting, because it shows that the people do care about the community. She sees a war beginning between Mexicans and Whites and the race card has been started by the Council, not the people in the audience. She stated that the Mayor has done a good job and has completed the projects that Councilmember Lowes started. Cerve Madrigal, 13850 Ramona Parkway, Darlene, 3542 Stichman, translator for Mrs. Madrigal, thanked the Mayor and all the other Latinos in the City. The Latinos are a growing number and will continue to grow in this country and city, and will be a viable force. Most Latinos come to this country not to steal and take things from this country, but to contribute to this country. Most of them are now becoming citizens, and they want to be a positive force, not a negative force in this country. Lucy Butae, 3883 Baldwin Park Blvd., clarified that EVO is attending the Council meeting on behalf of EVO, and asking Council to consider leaving the Council seat vacant. The people will have a choice to elect the person for the seat. She stated that EVO is not playing the race card, they are prepared to work with each Councilmember. EVO works with issues, not with candidates or parties. EVO will help with the growth of the City in a positive way and that they do not want division. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|ÞCC MIN OCT 16 1996â›[H÷8REGULAR MEETING OF ThE CITY COUNCIL PAGE NO.5 OF THE CITY OF BALDWIN PARK OCTOBER 16, 1996 Sarah Van Cleave, 13232 Emery, congratulated the lady that got her citizenship. She agreed that the Council meetings do need to be translated, not only in Spanish, but also into every language, including sign language, and that would be impossible. That's why since we are in America, we should speak English. She stated that she is trying to learn Span!sh and she wants to be able to communicate with as many people as possible. Ann Siegfried, 14425 Hallwood Dr., stated that she attends St. John's and told of her involvement in the community. She has lived in the City for 47 years and when there is a vacancy on the Council, it is filled immediately. She asked why all the discussion. There being no other speakers, Mayor Vargas declared Oral Communications closed. ooZ CONSENT CALENDAR The Consent Calendar consisted of the following: 1. Approval of Certificate of Posting for October 16, 1996 2. Approve Minutes: Regular Meeting September 18, 1996 Study Session October 2, 1996 3. Waive Further Reading and Adopt RESOLUTION NO. 96-80 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Receive and File Treasurer's Report September 30,1996 5. Approve Award of Contract CDBG Funded Sidewalk Project Various Locations Keiter Construction Company 6. Approve Contract Housing Assistance Programs LanzAmerica Mortgage Bankers 7. Waive Further Reading and Adopt RESOLUTION NO.96-81 APPROVE AMENDING RESOLUTION NO. 96-70 A CLASSIFICATION PLAN BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|ÞCC MIN OCT 16 1996â›[H÷8REGULAR MEETING OF ThE CITY COUNCIL PAGE NO. 6 OF THE CITY OF BALDWIN PARK OCTOBER 16, 1996 I 8. Waive Further Reading and Adopt RESOLUTION NO.96-82 APPROVE AMENDING RESOLUTION NO. 96-73 A BASIC SALARY PLAN 9. Approve City Managers Contract Carl Yeats 10. Approve Plans and Authorization to Solicit Bids Traffic Signals Sierra Center 11. Approve Amendment to Agreement Olive Street Storm Avacon Corporation City Attorney Bower stated that Item No.9, the City Manager's Contract, needs to delete Item 2D on first page, which is repetitive of 2C and reletter the remaining. It was moved and seconded to approve the Consent Calendar. MIS/C: LOZANOILOWES. There were no objections. REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES Director of Public Works Mousavi requested approval of the Street Light Master Plan for the City of Baldwin Park. Council awarded a contract to private consultant to prepare the Street Lighting Master Plan which contained information outlined in the staff report. A comprehensive cost analysis revealed that the capital improvement cost of the program is estimated at $1.7 million, and the annual energy and maintenance costs will be $140,000 a year. Under the five-year plan, the City has to commit to allocate approximately $360,000 a year for capital improvement while the ten-year plan requires a commitment of $200,000 a year. The ten-year plan provides rehabilitation and improvement in terms of funding resources. Lighting will be improved by installing higher lumens under both plans. New poles and lights will be installed at various locations, and will include replacement of old series circuits to newer multiple circuits. It was recommended to be approved. It was moved and seconded to adopt the Los Angeles County design standard for future street lighting system for the City of Baldwin Park; adopt the ten-year plan to complete all the improvements as indicated in the consultant's report. However, should CDBG, Lighting and Landscaping, and/or grant funds become available, the plan to complete the improvements will be accelerated; and authorize the Director of Public Works to improve lighting of all streets by revising the amount of lumens per street light. MIS/C: LOWESIMUSE. There BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|ÞCC MIN OCT 16 1996â›[H÷8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7 OF THE CITY OF BALDWIN PARK OCTOBER 16, 1996 were no objections. City Clerk Gair requested the adoption of specific resolutions relative to the General Municipal Election on March 4, 1997. Council must first adopt a resolution that calls and gives notice of the election, states the offices to be voted upon, submits measures to the voters, if Council directs measures, the ballot materials to be provided by the Clerk, and the hours set for the polls to be open. The second resolution requests certain services form the Los Angeles County Board of Supervisors. The two final resolution are necessary if Council chooses to place the two measures on the ballot relating to the Office of the City Clerk and the Office of the City Treasurer becoming appointive. This would allow Council or other bona fide groups or individuals to write arguments In Favor or Against the measurers and for rebuttal arguments to also be written. The first resolution would also direct the City Attorney to prepare an impartial analysis of the measures. She further explained should Council desire to place the measures to make both the City Clerk and the City Treasurer appointive and the measures are approved, the City Clerk and the City Treasurer, who are elected at the March election, would not receive the Oath of Office and would not be seated for their 1997-2001 term(s) of office. The positions would immediately become appoint ive. If the measures should fail, nothing changes and the positions would continue as elected positions. It was recommended that Council: 1) determine if the measures to change the Office of the City Clerk and the Office of the City Treasurer to appointive are to be included on the March 4, 1997 ballot or to be included in 1999. following that decision adopt Resolution No.96-84 that calls and give notice of election and supports Council's decision concerning the measures; 2) adopt Resolution No.96-85 requesting specified County services; and 3) If the measures are included, to change the elective positions to appointive, in the first adoption of the first Resolution then Council will need to adopt Resolution No. 96-86 and Resolution No.96-87, which 1) will allow written arguments, and impartial analysis by the City Attorney, and 2) will allow rebuttal arguments. If the measures are not included in the 1997 election these final two resolution are not necessary. Mayor pro tem Muse commented that the City Clerk's position has become a vital position of the management team. The position has assumed a tremendous amount of responsibilities. The Clerk currently holds both positions, elected and appointive, by placing these items on the ballot, it would preserve the integrity and professionalism of the position that is doing the vital work that is currently being done. She stated that she would like to see Council select No.1. It was moved and seconded to place the measures to change the office of the City Clerk and the Office of the City Treasurer to appointive to be Included on the March 4,1997 ballot. MIS/C: MUSENARGAS. There were no objections. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|ÞCC MIN OCT 16 1996â›[H÷8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.8 OF THE CITY OF BALDWIN PARK OCTOBER 16, 1996 It was moved and seconded to adopt Resolution No.96-84, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CALLING AND GIVING N()TICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 4, 1997, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION OF TWO PROPOSED MEASURES." MIS/C: MUSENARGAS. There were no objections. It was moved and seconded to adopt Resolution No.96-85, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 4, 1997." MIS/C: LOZANOILOWES. There were no objections. It was moved and seconded to adopt Resolution No.96-88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." MIS/C: MUSEILOZANO. There were no objections. It was moved and seconded to adopt Resolution No.96-87, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS." MIS/C: MUSE//LOZANO. There were no objections. City Clerk Gair stated that Council had requested an item on the agenda relating to the council vacancy created by the resignation of Councilman Raul Martinez who submitted his resignation from the Council. The term of Former Councilmember Martinez expires March 11, 1997. Council's options are to appoint someone to fill the unexpired term or to leave the seat vacant and to allow the seat to be filled at the next regularly established election date, March 4, 1997. There is no established policy on filling vacancies in the City and an ordinance has not been enacted to cover this. She gave a brief history of past Council vacancies as listed in the staff report. Any appointment made by Council would be for the unexpired term to March 11, 1997. A person appointed to fill the vacancy would receive the candidate designation of Appointed Incumbent," should they seek office in March 4,1997 election. Staff made no recommendation regarding Council consideration of the Council vacancy. Councilmember Lowes moved to appoint Mr. Bill Van Cleave to fill the vacant seat on the City Council. The motion dies due to the lack of a second. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|Þ CC MIN OCT 16 1996â›[H÷ 8REGULAR MEETING OF ThE CITY COUNCIL PAGE NO. 9 OF THE CITY OF BALDWIN PARK OCTOBER 16,1996 Councilmember Lowes pointed out that this is very unfair because Councilmember Muse was appointed to fill a vacancy of 4 months before the election. She stated that she opposed that appointment. She was told by the Mayor and Councilmember Gallegos that it was very important to have and to work with a full Council, many decisions were always coming up and the people that elected the Councilmembers expected them to make these decisions. When Councilmember Lozano was appointed, he was appointed on the basis that there was too long of a time to go until an election and that he was the next highest vote getter. That was fair, although she opposed the appointment. The reason for opposing it was she felt, Councilmember Lozano would form a monopoly on the Council. She stated there is no difference now with needing a full Council than at the time Councilmember Muse was appointed. She stated the fair person to appoint is Mr. Bill Van Cleave, and no one else. Councilmember Lowes moved to appoint Mr. Bill Van Cleave to fill the vacant seat on the City Council. The motion dies due to the lack of a second. Mayor pro tern Muse stated that many people have made comments about her appointment to the City Council, because she was appointed 4 months prior to the election. She realizes now that it was a mistake to accept the appointment. It gave the unfair image that she would get elected on her own. The people did elect her to the office that she had been appointed to and that is why she cannot support the appointment of anyone to fill the vacant seat on the Council. The appointment of Councilmember Lozano was different, there was two years left on the term and the election held prior to Councilmember Lozano's appointment was less than a year, now it has been 3 years since the election. There have been over 1,000 newly registered voters that did not have an opportunity to vote in that election. The newly registered people need to be allowed the opportunity to vote in the coming election and select the person they feel is the most qualified. Councilmember Lozano stated that his appointment to the Council as being a monopoly is a prejudgment on the part of Councilmember Lowes. He stated that he looks after the best interest for each and everyone in the City. The people need to band together, because everyone cannot always agree. Each and everyone knows that the City needs to move ahead and that is for the betterment of the future. He further stated that some of the comments made earlier in the meeting were unprofessional. Councilmember Lozano translated his comments in Spanish. Councilmember Lowes stated that she took Spanish for 2 years, and that she does not learn very fast. She understands how hard it is for those that are trying to speak and they do not know English. She responded to Mayor pro tem Muse's comments on how she felt being appointed that Mayor pro tern Muse was absolutely right and she should BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|Þ CC MIN OCT 16 1996â›[H÷ 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.10 OF THE CITY OF BALDWIN PARK OCTOBER 16, 1996 not have accepted that appointment. The Mayor stated at the time of Councilmember Muse's appointment that he was elected to make decisions and he felt the people of Baldwin Park deserved a full Council. She stated that she felt that Council should foIlow through with that, and do the same thing now, and appoint Mr. Bill. Mayor Vargas stated that it is very clear from the City Clerk's report that there has never been protocol with regards to the appointment of vacancies. In 1980, Blair Holman who was not a candidate was appointed to fill a seat, and there was two years remaining on the term. Then in 1986 Mr. McNeill died and his position remained vacant. Then in 1990 there was two years of the term left and an appointment was made. In 1994 a vacancy was created and again an appointment was made to Council. He did say that, at the time, it was very important to have and to work with a full Council. At the same time, Councilmember Lowes stated that she was opposed to any appointment. Everyone has the right to change their mind. He stated that he did not consider 2,600 votes he received a mandate, that he considers it troubling. Since the last election there have been over 3,000 newly registered voters in this community. Those circumstances have changed the dynamics tremendously, in terms of people wanting to have a voice. He only received two phone calls and one letter in support of the appointment of Mr. Bill to the vacant Council seat, and that he has talked with countless people that want to leave the seat vacant. He believes that the people have the right and that Council has a right to change their minds. He further stated that he agrees with Mayor pro tern Muse, Councilmember Lozano and the people that spoke tonight requesting to leave the Council seat vacant, and he supports Mayor pro tem Muse's motion. Some strong statements have been made tonight, perception is one thing, but reality is another. In response to Councilmember Lowes, City Clerk Gair stated that Phil Aguilar, Bobbie Izell and Leo King ran for Council in 1980 Blair Holman was appointed to Jack White's vacant seat, and Bobbie Izell was the incumbent Councilmember and he lost. Blair Holman was appointed over an incumbent Councilmember that lost. Councilmember Lowes commented that she wished that these people had been at the Council meeting when Mayor pro tem Muse was appointed. She can only assume that if this Council likes the individual to be appointed they then receive the appointment. In response to Councilmember Lowes, Mayor Vargas stated that there are 3,000 newly registered voters, the 1,064 votes Van Cleave received is not a mandate, and there are five Council meetings until the election, and there has been no protocol established in the past. He further stated that it is alright that Councilmember Lowes has changed her mind on appointments, but because other Councilmembers change their mind, it is wrong. He stated that he would stand on his record and dare anyone to make valid BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|Þ CC MIN OCT 16 1996â›[H÷8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.11 OF THE CITY OF BALDWIN PARK OCTOBER 16, 1996 conclusions on what he stands for and believes, because Council has provided vision and direction. People may not like that he is Mayor, or like that this Council is moving forward and doing things that are not agreed with, but that is the way democracy works. The decision to leave the seat vacant is supported by the majority of the people and he reserved the right to change his mind and the right to have a different outcome than previous Council's. It was moved and seconded to leave the Council seat vacant until the March 4, 1996 election to allow the people the opportunity to select the person they feel is the most qualified. MIS/C: MUSE/LOZANO. Councilmember Lowes objected. City Manager Yeats read the resolution opposing Proposition 209 pertaining to Constitutional Amendment Eliminating Equal Opportunity Affirmative Action Programs. He explained that the initiative would not eliminate the use of affirmative action, if it is required to receive federal funding as most college institutions do, this would not apply to federal programs that use money for road construction, or contracting purposes. It does not affect court ordered discrimination and it does not affect cities, if sued for discrimination. It's a ballot initiative that says a Prohibition Against Discrimination or Preferential Treatment By State and Other Public Entities. Councilmember Lowes clarified Proposition 209. She stated that affirmative action has served a good purpose, but it also discriminates against some other people and everyone should be judged on their achievements and how hard they work on their scores, and not on any other basis. She looks forward to the time when the United States does not look at a person as a minority, but rather what a person does and what they stand for. Mayor Vargas stated that discrimination still exists and affects the handicapped, gender, economically disadvantaged, and many others. Some of the programs that would be eliminated at the State level, like tutoring programs for minority students at universities, or scholarship programs would have a devastating effect on many students. That is one of the reasons to oppose Proposition 209. It was moved and seconded to approve Resolution No. 96-88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK IN OPPOSITION TO PROPOSITION 209 CONSTITUTIONAL AMENDMENT ELIMINATING EQUAL OPPORTUNITY AFFIRMATIVE ACTION PROGRAMS." MIS/C: VARGAS/LOZANO. Councilmember Lowes objected. City Manager Yeats read the analysis for Proposition 210 pertaining to the Minimum Wage Increase. The initiative would, when fully implemented in March, 1998 increase California's minimum wage to the new federal standard of $5.15 per hour up to $5.75 per hour. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|Þ 1996 10 16 CC MINòw @˜|Þ CC MIN OCT 16 1996â›[H÷ 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.13 OF THE CITY OF BALDWIN PARK OCTOBER 16, 1996 Mayor Vargas commented on the Public Works crew doing a good job trimming the City's trees. City Manager Yeats stated that the developer's insurance company will not allow the groundbreaking on Tuesday, November 12th at night, due to trenching and undergrounding that will be going on at the Sierra Center. He recommended Saturday, November 16th. Mayor Vargas requested that food be served at 1:00 p.m. and the ceremony begin at 2:00 p.m. Council agreed by unanimous consent. Councilmember Lowes stated that she received a call from her daughter-in-law that she, her mother, father and brother all passed their citizenship test and had their oral interview. They are waiting for the swearing in ceremony to become United States Citizens. Mayor pro tem Muse announced that this Saturday, from 9:00 a.m. to 1:00 p.m. there would be a free health fair at Kaiser Permanente. In response to Councilmember Lozano, Mayor Vargas stated that he had requested that at a Study Session, Council, prior to any decision, be given an opportunity to give input to the Design Review Committee on Central Park West. City Manager Yeats stated that the Study Session for the Design Review Committee has been set for either the first or second meeting in November. He also clarified that there would be a Council meeting on December 4th and on January 15th, that the Council Chamber would be dark on December 18th and January 1st. City Clerk Gair stated that the nomination period for the March election will open on November 12th and closes December 5th, it will automatically be extended 5 days, because of a Councilmember that will not be filing. There are several people that are starting their candidacy early, they are raising funds early, and they need to pick up some important papers that need to filed to make it all that legal. They need to declare their candidacy. ooZ Mayor Vargas requested that the Council meeting be adjourned in memory of Lt. Timothy Crowther, a Glendora Police Officer. Lt. Crowther was a Baldwin Park son, whose parents, Don and Mabel Crowther live on Big Dalton, died of a heart attack at age 48, on October 3,1996. It was moved and seconded to adjourn the regular meeting of the City Council meeting at 9:24 p.m. in memory of Lt. Timothy Crowther of the Glendora Police Department. MIS/C: VARGAS/LOWES. There were no objections. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1996 10 16 CC MINòw @˜|ÞCC MIN OCT 16 1996â›[H÷8REGULAR MEETING OF THE CITY COUNCIL AGE NO.14 OF THE CITY OF BALDWIN PARK OCTOBER 16, 1996 LINDA GAIR, CITY CLERK BETTY BRANEK, DEPUTY CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 CC MIN OCT 16 1996â›[H÷ 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.12 OF THE CITY OF BALDWIN PARK OCTOBER 16, 1996 It was moved and seconded to approve Resolution No. 96-89, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING PROPOSITION 210 MINIMUM WAGE INCREASE.'1 MIS/C: MUSE/LOZANO. There were no objections. City Manager Yeats read the analysis for Proposition 218, pertaining to Voter Approval for Local Government Taxes, Limitations on Fees, Assessments, and Charges. Its a right to vote on taxes act. This measure, If passed by the voters, will have far reaching effects on local government. It will require voter approval of all local taxes, change the law relating to special assessment districts, and property related fees. This measure would seriously jeopardize local governments ability to fund services, such as police, fire, street light and landscaping maintenance, recreation programs, just to name a few. This measure would force the City to have mail in elections for each year that an assessment is needed Currently, the street lighting and landscaping are paid for by an assessment fee on the property tax bill. This process would be very expensive for city governments. The measure also makes cities, counties, and other public agencies allocate the costs of assessments to schools and other private property. Finally, the Howard Jarvis Tax Payers Association admits Proposition 218 was crafted as an election year issue to create a wedge between the people who are in favor of taxes and those that are opposed to taxes. Councilmember Lowes stated that she was torn on Proposition 218. She stated that it would be devastating to the cities, because they would need to go to the people for every tax and assessment. She further stated that she has confidence in the people, that they are willing to pay services. She also stated that she lives on a limited income and she would like to have a voice in what she would need to pay. She stated that she would not vote on Proposition 218, because she is undecided. Mayor pro tem Muse stated that the way Proposition 218 is written, the property owners will have more power, if you are not a property owner you will not have the ability to vote on these assessments. It was moved and seconded to approve Resolution No.96-90, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OPPOSING PROPOSITION 218-RIGHT TO VOTE ON TAXES ACT." MIS/C: LOZANO/MUSE. Councilmember Lowes abstained. ooZ COUNCIL/STAFF REQUESTS AND COMMUNICATIONS Mayor Vargas requested staff review and bring a report to Council to provide a translating service for the Council meetings, and that it would be practical to have a Spanish translator. Council agreed by unanimous consent. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 16-U02 1996-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 FO3513-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1996-U02 10-U02 16-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3447-U03 DO3519-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05