HomeMy WebLinkAbout1997 03 19 CC MIN1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL
14403 EAST PACIFIC AVENUE, WEDNESDAY,
MARCH 19, 1997
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 LOZANO, MUSE, VAN
CLEAVE AND MAYOR LOWES
ALSO PRESENT: City Attorney Olivas,
City Manager Yeats,
Acting Chief of Police Kies,
Dir. of Public Works Mousavi,
Dir. of Rec/Community Services Nunez, and
City Clerk Gair
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The absence of City Treasurer Montenegro was excused.
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Mayor Lowes introduced Elaine Halla, Baldwin Park's First Lady Scoutmaster, and
presented an Award of Merit to her.
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Mayor Lowes announced that future Study Sessions will be conducted at 6:00 p.m. in
the Council Chambers: and people that speak during Oral Communications no longer
have to give their street address.
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ORAL COMMUNICATIONS
Mayor Lowes declared Oral Communications open and invited those wishing to speak
on any subject to come forward.
Marsha Arkin, 4347 Stewart Avenue, read the poem she wrote to the Mayor and City
Council.
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2
OF THE CITY OF BALDWIN PARK MARCH 19,1997
Marina Montenegro, 313 Park Shadows Court, commented on Acting Chief of Polic Kies
qualifications and stated that, in her opinion Captain Kies is the only choice for Chief
of Police. Councilmembers Muse and Lozano both voted to appoint Lt. Ed Lopez to the
Chief of Police position, which was an embarrassment to the City and highly suspect.
She asked why only a BA in a related field and the ability to speak Spanish are the
qualifications for the Chief of Police position. She also urged Council to replace the
City Attorney.
Sergio Ortiz, Jr., Baldwin Park, thanked Council and the School Board for the cross
walks and the stop signs on the corner of Cavette and Bogart.
Sandi Lucas, 4442 Bresee, is glad to see the Study Sessions moved to the Council
Chambers. She expressed her desire to have the Study Sessions more like the one with
the imaging presentation, rather than a decision making session. She concurred with
Marina Montenegro and asked Council to consider keeping Captain Kies as Chief of
Police and to release the City Attorney.
Pat Vela, representative of Share Love LA., spoke concerning immunizing the
children of Baldwin Park. Share Love L.A. makes house calls to the homes of children
that are under the age of 12, that need to be vaccinated.
Con rado Magdaleno, 14144 Chilcot, treasurer for Ricardo Pacheco commented on the
1800 votes Pacheco received and requested that Ricardo Pacheco be appointed to fill
the vacancy instead of spending $40,000 to conduct another election.
Fran Serpa, Baldwin Park, reminded Council that a month ago she spoke regarding
Dennis Kies. She referred to Chief Williams of Los Angeles, that he was an outsider,
there were others that could have been moved up. This City is spending money
looking for someone to fill the Chief's position when the City has Captain Kies.
Lee Lucas, Bresee Street, stated that he is concerned that there are a lot Qf
candidates signs still up. The City has a lot of shopping carts on the streets, unlicensed
vendors, and 23 inoperable vehicles that he passed coming to the Council meeting.
Robert Barajas, representative of State Senator Hilda Solis, expressed the Senator's
congratulations to the newly elected officials and her desire is that the new Council will
continue to bring prosperity to Baldwin Park. To commemorate the event, he presented
certificates for the newly installed officers.
Bill Baca, Field Representative for Congressman Matthew Martinez, on behalf of the
Congressman, congratulated all those elected and informed Council that if anyone has
any trouble dealing with any agency of the Federal Government to contact the
Congressman's office.
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8REGULAR MEIETING OF THE CITY COUNCIL PAGE NO. 3
OF THE CITY OF BALDWIN PARK MARCH 19,1997
Larry Walton, 3802 Big Dalton, congratulated the newly elected officials. He reminded
Councilmembers Lozano and Muse that previously they did not feel appointing anyone
to fill a Council position was in the best interest of the one appointed. He sLated that
there were 1,800 people that voted for Mr. Pacheco, but there were over 3,000 voters
that cast votes on A & B, which means the people want elected officials, not appointed.
A committee is working hard to recall Mayor pro tern Muse and they will get more than
the 3,973 required signatures. The Chief of Police should be Dennis Kies.
Melissa Vargas, 3816 1/2 Merced Avenue, stated that she strongly supports Ten Muse.
She informed the corn mittee to recall Councilmember Muse that she is totaly committed
to the recall not happening.
Margarita Vargas, 14129 Ohio Street, commented that just because a group of people
is trying to recall Teri Muse does not mean that she will be recalled. The community is
happy with the work that Teri Muse has been doing. If an election is held, the
community will make sure Pacheco is elected.
Ricardo Pacheco, 3436 La Vista Street, stated that 1 800 voters have already given their
support to have him seated on the Council. Historically, the next highest vote getter
usually is appointed to fill a vacant seat. Mr. Van Cleave strongly supported
appointment in October. He feels that he should have the support of all of the
Councilmembers and not spend $40,000 to conduct another election.
Raul Reyes, congratulated the newly elected. He is pleased to see Bette Lowes as the
new Mayor. He stated that Council needs independent thinkers. He requested Council
to do what is right for the City concerning the Chief of Police and the City Attorney.
There is no set policy to follow in appointing anyone to fill a vacant seat on the Council.
Fidel Vargas, 3816 1/2 Merced Avenue, stated that throughout the election he tried to
ignore the mud slinging, and believed that it would not have an impact, nor make a
difference. Not appointing anyone to the Council will cause a grid lock on several
issue1 and he supports appointing someone to the vacant seat. Finally, if Council can
not come to a decision on the appointment of the Chief of Police, it should be left up
to the City Manager.
Rosa Sanchez, resident of Baldwin Park since 1962. She supports appointing Mr.
Pacheco to fill the vacant seat, and asked Council to consider saving Baldwin Park
$40,000 by not conducting another election.
Deanna Dellaripa, 14029 Clark, congratulated the newly elected officials. She stated
that Mayor Lowes and Councilmember Van Cleave know bringing in a new police chief
is wrong. There needs to be an election instead of appointing someone to the Council
seat. The City needs to unite.
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4
OF THE CITY OF BALDWIN PARK MARCH 19,1997
There being no other speakers, Mayor Lowes declared Oral Communications closed.
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Subsequent Need
City Manager Yeats told that last weekend the Director of Recreation/Community
Services attended the CPRS Conference was informed about the California
Integrated Waste Management Grant application. The deadline to apply is March
21st. The grant amount is up to $25,000.
City Attorney Olivas stated that pursuant to Government Code 54954.2(b)(2) the need
to add the item to the agenda arose after the posting of the agenda.
It was moved and seconded to add a Subsequent Need Item under Reports of
Cfficers, Commissions, and Committees, 11A grant application to California Integrated
Waste Management Board for rubberized surface, Central Park West. MIS/C:
MUSE/LOZANO. There were no objections.
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CONSENT CALENDAR
Mayor Lowes stated that Item No.6 has been removed from the Consent Calendar.
City Manager Yeats stated that Item No.3, Waive Further Reading and Adopt
Resolution No.97-13, ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF
BALDWIN PARK, these are routine payments that the finance department makes.
Councilmember Van Cleave owns a business in the City, and as a routine matter
when a payment occurs on the Claims and Demands Register for NMr. Bill's
Hardware,u he will abstain in the minutes from voting on that item.
City Clerk Gair presented the Consent Calendar as follows:
1. Approval of Certificate of Posting for March 19,1997
2. Approve Minutes
Special Meeting March 5,1997
Adjourned Meeting: March 11, 1997
Study Session: March 5,1997
3. Waive Further Reading and Adopt
RESOLUTION NO.97-13 ALLOWING CLAIMS AND DEMANDS AGAINST
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8REGULAR MEETING OF THE CZTY COUNCIL PAGE NO. Z
OZ THE CITY OF BALDWIN PARK MARCH 19,1997
THE CITY OF BALDWIN PARK
4. Receive arid File Treasurer S Report
February 28, 1997
5. Approve Amendment to Agreement Durham Communications, Inc. &
Barco visual systems/American video Communications
6. Approve Agreement Architectural Services Improvement of Little League
Baseball Fields David VoIz Associates Item Removed)
7. Approve Award of Contract Merced Avenue Bridge Widening Project
CIP 611, BHLS 5323 003) MD Construction Group
8. Approve Award of Contract Gectechnical Environmental and Material
Testing Services Merced Avenue Bridge Widening Project CIP 611,
BHLS 5323 003) Ninyo & Moore Consultants
9. Approve Award of Contract Inspection Services Merced Avenue Bridge
widening Project CIP 611, BHLS 5323 003) Los Angeles County
Department of Public Works
10. Waive Further Reading and Adopt
RESOLUTION NO.97-14 DESIGNATING APRIL AS HOME COMPOSTING
MONTH HONORING EARTH DAY 1997
11. Approve Agreement Provide Equipment for the Collection of Used
Lubricating Oil La Puente Recycling
It was moved and seconded to approve Consent Calendar Items No.1-5 & 7-11.
MIS/C: MUSE/LOZANO. Councilmember Van Cleave abstained to Item No.3.
PUBLIC HEARING
Mayor Lowes introduced the Public Hearing pertaining to AZC-140, ZConsiderntion
of Amending Section 153.152,"FC, Freeway Commercial Zone-Conditional Uses:
of the Zoning Code to allow convalescent care facilities In the FC Zone with a
Conditional Use PermIt." Applicant: John L. Sorensen North American Health
Care, Inc.)
City Planner Onaga stated that North American Health Care, Inc. currently operates
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6
OF THE CITY OF BALDWIN PARK MARCH 19, 1g97
Garden view Care Center at 14475 Garden view Lane. The facility has been in existence
and at the location since 1961 when the zone was C-2. In 1965 a conditional use permit
was granted to allow the facility to add 49 beds raising the total capacity to 98 beds. In
1985 the property was rezoned to CM which does not allow for convalescent homes.
The rZzoning made the use of the property non-conforming, with an amortization period
of 20 years. The use would have to close down by the year 2001. In 1986 the property
was rZzoned to Freeway Commercial FC) and it was included in the Sierra vista
Redevelopment Project Area boundaries. The rezoning had no further affect on the
non-conforming status. There are currently two convalescent homes operating in the FC
zone. Staff believes that convalescent care facilities should be allowed in the FC zone
permitted only if a conditional use permit has been granted. Staff recommended
approval.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak
regarding AZC-140 to come forward.
Sandi Lucas, 4442 Bresee, commented on the difficulty in refinancing property that is
a nonconforming use. She stated that she thought it was wrong to add this use to the
Freeway Commercial FC). The property could be rZzo ned to what it was before, and
the conditional use permits are not that good, they are everywhere. Why not take these
two specific situations that you want to exist and just change the zoning?
Rich Reese, representative of Golden State Care Center, and supporter of North
American Health Care, Inc., and AZC-40. Golden State Care Center employs over 180
people, of the 180 approximately 165 reside in Baldwin Park. They provide services
to over 150 residents with severe to profound disabilities. Some of the people have lived
in the facility for over 20 years. Payroll for the employees is over $240,000 a month.
Many of the employees are graduates of the Certified NuI'se Program provided by the
Baldwin Park Adult School. Fifteen instructors from Baldwin Park Adult Education are
on-site, on a full time basis, and they provide services to 75 residents daily. He
encouraged Council to vote in favor of the amendment.
Lee Lucas, 4442 Bresee, requested that Council oppose the amendment, not because
of the two convalescent homes, but because of what may happen in the future. With
other facilities closing, there will be a demand on space and the City will loose its tax
base.
There being no other speakers, Mayor Lowes declared the Public Hearing closed.
Councilmember Lozano commended Golden State on their facility for the level and type
of services provided, the cleanliness, and number of Baldwin Park residents that are
employed at the facility.
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7
OF THE CITY OF BALDWIN PARK MARCH 19,1997
In response to Councilmember Van Cleave, City Planner Onaga stated that only two
facilities OCCUPY the freeway corridor. There is an exhibit attached to the staff report that
shows the locations and the parcel sizes of both the facilities. It does not have the lot
area. Both are located South of the freeway and both border a residential area.
It was moved and seconded to introduce Ordinance No.1124, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING SECTION
153.152, FREEWAY COMMERCIAL ZONE" OF THE BALDWIN PARK MUNICIPAL
CODE TO ALLOW CONVALESCENT CARE FACILITIES IN THE FC ZONE WITH A
CONDITIONAL USE PERMIT. APPLICANT: JOHN L. SORENSEN, NORTH
AMERICAN HEALTH CARE, INC.; CASE NO. AZC-140)," for first reading, to be read
in title only, and all further reading be waived. MIS/C: LOZANO/MUSE.
Mayor Lowes Introduced the Public Hearing pertaining to amending Section 153.520,
Billiard and Pool Hall Regulations of the Baldwin Park Municipal Code Applicant:
City; Case No: AZC-139," continued from February 5,1997.
City Manager Yeats stated that because of the close proximity of the billiard and pool hall
to Mr. Bill's Hardware, Councilmember Van Cleave will abstain from voting or discussion
on this item.
City Planner Onaga stated that this is a request to adjust minor provisions of the Billiard
and Pool Hall regulation of the City's Zoning Code. June 1996, Council adopted
Ordinance No.1115 which was intended to allow the City to be more selective when
reviewing pool hall applications and to place tougher regulations on those pool halls that
were approved. The current ordinance contained two provisions that were considered
unacceptable to one of the two existing pool halls that the City had already allowed in
before the passing of the ordinance. That pool hall was the Global Family Billiards on
Maine Avenue. The two provisions were: 1) the 5 ft. minimum separation between
tables; and 2) the prohibition against smoking. At the October 23rd meeting the
Planning Commission voted Z to recommend that Council deny the proposed
amendments. The City Attorney has determined that smoking may only be permitted
in a billiard hall that serves alcohol. The proposed ordinance that was recommended
was modified so that smoking could only be in conjunction with a liquor license. Staff
recommended that Council open the public hearing, receive public testimony, consider
the issues outlined in the report and either: 1) confirm the recommendation of the
Planning Commission; or 2) introduce the ordinance for approval.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak
pertaining to AZZ139 to come forward.
Hal Ngo, Global Family Billiards, stated that he purchased Global Family Billiard two
weeks ago. 95% of his customers are smokers, and the prohibition of smoking affects
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8
OF THE CITY OF BALDWIN PARK MARCH 19,1997
his business. Not allowing people to smoke is like shutting down his business. An
exhaust system is in place at Global that draws the smoke out of the building.
Fidel Vargas, 3816 1/2 Merced Avenue, stated that when the issue came up several
months ago and even the conditional use permit was initiated, it was stressed to the
Council that this business was a family business. It was with hesitation that Council
approved the facility. The community was assured that this business was a family billiard
facility. There is a State ordinance that prohibits smoking where there are minors, so the
issue is moot, you Cannot approve that request. The City already has a pool hall that
sell alcohol and the police have had a lot of trouble with the facility. The City wants
family oriented facilities, and to allow alcohol in Global would defeat what the people of
the City want.
Pat Vellum, 13212 Francisquito, Christ Extended Hand Church, stated that the owner of
Global needs to conform to the law, there should not be smoking, and that 95% of the
people that comes into Global is a high percentage of people that are smokers. It
should be a family business.
Margarita Vargas, 14129 Ohio Street, stated that she has a 17 year old who asked
permission to go to Global. He has to be home before 10:00 p.m. and minutes after
he got home, a man was killed in front of Global. The family billiard halls do not need
liquor or smoking.
Nathan Esparza, Baldwin Park, stated that he lives one block away from Global Family
Billiards, and finds it distressing that Global wants to add smoking and drinking.
Helicopters circle that place many times due to gang problems. He opposed allowing
smoking or alcohol to Global's business.
There being no other speakers, Mayor Lowes declared the Public Hearing closed.
In response to Mayor Lowes, City Attorney Olivas, stated that AB 13 and Labor CodZ
6404.5 limits precisely who is allowed to have smoking and there are certain exceptions.
If Council approves alcohol, then smoking would be allowed. In one year the State
Legislature will prohibit all smoking in bars and taverns. There is a lobby to get that
extended a year, within one year the State would disallow smoking in any bar or tavern.
It was moved and seconded to approve Resolution No.97-15, ZA RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING AN AMENDMENT
TO SECTION 153.520, ZBILUARID AND POOL HALL REGUILATlONSZ OF THE
BALDWIN PARK MUNICIPAL CODE APPLICANT: CITY OF BALDWIN PARK; CASE
NO: AZC-139).u MIS/C: MUSE/LOZANO. Councilmember Van Cleave abstained due
to a possible conflict of interest.
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1« 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 9
OF THE CITY OF BALDWIN PARK MARCH19, 1997
REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES
Development Services Manager Roessler requested Council support for SB 1310
Voter Sales Tax Option. This legislation would enable cities and counties to put a ballot
measure before the voters on a jurisdiction by-jurisdiction basis to reduce the state sales
tax by 1% and establish a new 1% rate for cities and counties. In the approved
jurisdictions the rate change would be phased in over five years at 2% per year, until the
full 1% rate change is accomplished. The revenue from the new sales tax would be
distributed in participating jurisdictions on a per capita basis. If voters approve the rate
change, the revenue shift would go into effect in the 1998/99 Fiscal Year. SB 1310 will
not increase the current sales tax rate nor will it impact the current one cent of sales tax
that cities receive at point of sale. The City of Covina is requesting contributions to
further the efforts in working for this legislation. Baldwin Park was asked to contribute
$750. Staff recommended approval.
It was moved and second to approve support of SB 1310 and direct the City Manager
to forward lellers of support to Senator Johnson and Assembly Members Napolitano
and Margeft; and approval of a $750 contribution to the City of Covina for further
efforts toward the passage of SB 1310. MIS/C: MUS£jLOZANO. There were no
objections.
City Clerk Gair requested Council to select a Mayor pro tem and to designate
representatives and alternates to Commiffees and OrganIzations. The City is
required by Municipal Code to reorganize with the selection of a new Mayor pro tern or
reappoint the current Mayor pro tern. Following a nomination or nominations the Mayor
pro tern is chosen by a majority vote. Following the selection of the Mayor pro tern,
Council is requested to designate members of the Council as representatives and
alternates on certain municipal committees and organization. If the position of Mayor
pro tern changes the Metropolitan Transit Authority and the League of California Cities
require the designation of Mayor and Mayor pro tern as representatives and alternate.
It was recommended that Council select a Mayor pro tern for 1997-98 and follow that
selection, review the positions now held as a representative or alternate to certain
committees. Any changes will be formalized by adopting the resolution designating
representatives and alternates to committees and organizations.
It was moved and seconded to reappoint TerI Muse as Mayor pro tem. MIS/C: VAN
CLEAVE/LOZANO. There were no objections.
Mayor pro tern Muse stated that she did not want to serve on Upper San Gabriel Valley
Water Association and Foothill Transit Zone.
Councilmember Van Cleave volunteered to serve on the Upper San Gabriel Valley Water
Association.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 10
OF THE CITY OF BALDWIN PARK MARCH 19, 1997
Councilmember Lozano volunteered to serve on the Foothill Transit Zone.
Mayor Lowes read the Commiftees and the Councilmembers that will serve as follows.
Upper San Gabriel Valley Water Association Councilmember Van Cleave as
Representative and Councilmember Lozano as Alternate.
Los Angeles County Sanitation District No.'s 15 & 22 Mayor Lowes as Representative
and Mayor pro tern as Alternate.
League of California Cities Mayor Lowes as Representative and Mayor pro tern Muse
as Alternate.
Civil Defense Area D" Directors' Meeting Councilmember Lozano.
Independent Cities Association Mayor pro tern Muse as Representative and Mayor
Lowes as Alternate.
Metropolitan Transit Authority Selection Committee Mayor Lowes as Representative
and Mayor pro tern Muse as Alternate.
Southern California Association of Governments General Assembly Councilmember Van
Cleave as Representative and Mayor pro tern Muse as Alternate
San Gabriel Valley Council of Governments Mayor Lowes as Representative and
Councilmember Van Cleave as Alternate.
Mid-San Gabriel Valley Manpower Consortium Councilmember Lozano and Mayor
Lowes as Representatives.
Foothill Transit Zone Councilmember Lozano and Mayor Lowes as Representatives.,
Chamber of Commerce Liaison Mayor Lowes and Councilmember Van Cleave as
Representatives.
San Gabriel Valley Commerce & Cities Consortium Mayor pro tern Muse
Representative.
Mayor Lowes stated that she does serve on the Independent Cities Risk Management
Association and it was not listed.
City Clerk Gair explained that a separate resolution is required that goes to ICRMA.
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 11
OF THE CITY OF BALDWIN PARK MARCH 19,1997
It was moved and seconded to approve Resolution 97-17, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO.96-
94 DESIGNATING THE CITY'S REPRESENTATIVES AND ALTERNATES TO CERTAIN
MUNICIPAL COMMITTEES AND ORGANIZATIONS." MIS/C: MUSENAN CLEAVE.
There were no objections.
City Clerk Gair requested Council approval to fill the vacancy created by the election
of Belle Lowes as Mayor at the March 4, 1997 General Municipal Election. Her
Council seat was considered vacant as of March 11, 1997. It is necessary that Council
fill the unexpired council term by appointment or by calling a special election. It is
necessary that Council makes this determination within 30 days of the effective date of
the vacancy as required by Government Code Section 36512. Past Councils have
appointed whomever they desired, not necessarily a candidate. If Council prefers to call
a special election the Government Code requires that in the event of a vacancy the
special election shall be held on the next regularly established election date not less than
114 days from the call of the special election." This would mean a consolidated election
with the county in charge of the November 4,1997 election. The cost of a special
election will be approximately $40,000 to $45,000. Two resolution were prepared for
adoption 1) Call and Give Notice of a Special Consolidated Election; and 2) Request
the Los Angeles County Board of Supervisors to allow the Special Consolidated Election
to be held with the November 4' 1997 Los Angeles County regularly held election. It was
recommended that Council determine the manner in which they desire to fill the council
vacancy and give direction to staff as to the procedure desired.
Mayor pro tem Muse stated that in the City's recent election the voters put Ricardo
Pacheco as 3rd and made a decision. She supported appointing Ricardo Pacheco to
the vacant seat. The cost of the election is something that the City cannot afford.
It was moved and seconded to appoint Ricardo Pacheco to fill the vacant Council
seat. MIS: MUSE/LOZANO. Councilmember Van Cleave and Mayor Lowes objected.
The motion was rejected.
Councilmember Lozano stated that Ricardo Pacheco was the next highest in votes,
there is no need to spend $40,000 or more for an election. He would rather see the
money placed in law enfomement, a recreational facility, or create some type of gang
prevention program and address the priorities in this City. The voters chose Ricardo
Pacheco.
Mayor Lowes stated that the last time an appointment came up Mayor pro tem Muse
stated that she felt that it was very wrong when Muse was appointed to be a
Councilmember, and if she had it to do over again, she would not accept that
appointment and she would never vote to appoint someone to office again. She felt
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1997 03 19 CC MINòw @˜ ~
1997 03 19 CC MINòw @˜ ~
CC MIN MARCH 19 1997›[H1«
8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 13
OF THE CITY OF BALDWIN PARK MARCH 19,1997
a grant application to the California Integrated Waste Management Board for rubberized
surfacing under play ground equipment at Central Park West Rehabilitation Project. The
proposed design will include two play ground areas and under the Americans With
Disabilities Act the City would be required to make the playgrounds accessible to
disabled children. Integrated Waste Management Board is accepting applications for up
to $25,000 in grant monies that can be used for providing this type of services. Under
the grant the City would have 21 months from the date of the approval of the grant to
complete the proposed work. The City would be required to provide matching funds for
the project, and the funds could come from the monies that would be used for
constructing the playground area. The application is due on March 21st. Staff
recommended that Council approve the resolution and authorize staff to submit the
application for the playground surface
It was moved and seconded to approve Resolution No.97-16, NA RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING SUBMITTAL
OF GRANT APPLICATION CALIFORNIA INTEGRATED WASTE MANAGEMENT."
MIS/C: VAN CLEAVE/MUSE. There were no objections.
On
COUNCILISTAFF REQUESTS AND COMMUNICATIONS
In response to Mayor pm tern Muse, City Clerk Gair stated that Los Angeles County
Fire Department is in charge of some of the weed abatement in the City. Code
Enforcement does notify the property owners to remove overgrown weeds and brush
fmm their property, and if it is not done in a timely manner, the City will clean up the
property and place a lien on the property.
In response to Mayor pro tern Muse, City Clerk Gair stated that she had only an
Award of Merit prepared for the 75th Anniversary of the Church of God1 that a plaque
can be ordered. Mayor pro tern Muse requested that the plaque be presented at Z
Council meeting.
In response to Mayor pro tern Muse, Director of Public Works Mousavi stated that
there are two public address systems, one has been ordered for the Council
Chambers and the other one will be taken to meetings. The Spanish translating
headphones will be available to the audience. She requested that the training for
simultaneous translating also be included in the implementation.
Mayor pro tern Muse requested that staff contact the consultant that did a
presentation at an ICA meeting to tell the City how much funding is available to the
City pertaining to AB 2766. Council agreed by unanimous consent.
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 14
OF THE CITY OF BALDWIN PARK MARCH 19,1997
Councilmember Lozano stated that he will be speaking at some local high schools with
reference to starting up an internship program at City Hall.
In response to Councilmember Lozano, Director Nunez stated that the Community Center
will be open on Sundays beginning next weekend March 22).
Councilmember Lozano inquired about the used oil recycling program being advertised
in the NOW. He has noticed some changes in the locations of the collection centers.
Councilmember Lozano stated unemployed persons should contact the Mid-Valley
Manpower Consortium. Their services are free.
In response to Councilmember Van Cleave, Director Mousavi stated that the cleaning of
some of the bus shelters is Foothill Transit's responsibility and some are the
responsibility of the City. The City has a proposal to replace some of the bus shelters.
However, the City is working on a transit program and when that is developed, the bus
shelters will be placed in conjunction with the program. Staff will inspect and clean the
shelters that belong to the City and Foothill Transit will be notified to clean the shelters
that are their responsibility.
In response to Mayor Lowes, Councilmember Lozano stated that the internship program
is to expose the graduates to jobs that are in City Hall. Councilmember Lozano stated
that as a resident and a voice of the community that he can do what he wants to do and
bring it back to Council. Mayor Lowes stated that this should be brought before
Council for approval of at least two other Councilmembers, that you do not go out on
your own just because your an elected Councilman.
Mayor Lowes stated that Supreme Court allowed California to ban the sale of erotic
magazines and newspapers on public streets in newspaper stands. She requested that
staff investigate what we have in the Municipal Code regulating these newspaper stands,
if the owners of these stands have a business license, and make the City's ordinance
restrictive for these operators. She also requested a list of all the current
Commissioners and their attendance records for the last six months.
City Attorney Olivas stated that he will forward the recent Supreme Court decision to
Public Works.
The regular meeting of the City Council was recessed at 8:55 p.m.
The regular meeting of the City Council reconvened at 9:00 p.m. Roll call remained
the same.
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1997 03 19 CC MINòw @˜ ~ CC MIN MARCH 19 1997›[H1«8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 15
OF THE CITY OF BALOWIN PARK MARCH 19, 1997
00-
CLOSED SESSION
The regular meeting of the City Council adjourned to a Closed Session at 9:02 p.m.
to consider Public Employee Appointment, Title: Chief of Police, pursuant to
Government Code 54957; and Public Employee Release, City Attorney, pursuant to
Government Code 54957.
Council reconvened at 10:00 p.m. Roll call remained the same.
In Closed Session Council directed staff to reinterview the top three candidates for
the Chief of Police position. The vote was 3 1 with Lowes opposing.
Council voted 2 2, LowesNan Cleave in favor and Lozano/Muse opposed on the
release the City Attorney The motion was rejected and the firm will be remain
retained.
City Clerk Gair requested that the meeting be adjourned in memory of long time
resident, Esther Gariety.
The regular meeting of the City Council adjourned at 10:04 p.m. in memory of Esther
Gariety, mother of Deputy City Clerk Betty Branek. There were no objections.
LINDA L. GAIR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLERK
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CC MIN MARCH 19 1997›[H1«
8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 12
OF THE CITY OF BALDWIN PARK MARCH 19,1997
that it should go to the vote of the people at all times.
Mayor pro tern Muse responded that she would qualify that to say she never would
accept again if she had not been a candidate" in the election. It was not appropriate
+0 accept appointments if you have not been a candidate. Ricardo Pacheco ran for
office and that is the reason for her support.
ROLL CALL VOTE:
AYES: MUSE AND LOZANO
NOES: VAN CLEAVE AND MAYOR LOWES
The motion was rejected.
It was moved and seconded to approve calling the election for November 4,1997.
MIS: VAN CLEAVE/LOWES. Mayor pro tern Muse and Councilmember Lozano
objected.
The motion was rejected.
City Clerk Gair stated that if there is a stalemate, thirty days after, there will have to be
an election anyway.
City Aftorney concurred and stated Council would have up to that day. He advised
Council to continue this mafter to April 2nd.
Mayor pro tern Muse and Councilmember Lozano stated for the record, That they do
not support the City funding a special election."
Director of Community Development Cervantes requested approval of a supplemental
Community Development Block Grant CDBG) funding to complete the Snack Bar
construction. Council had previously approved $15,000 in CDBG funding for the
constmction of the Snack Bar facility at the Lucky Baldwin baseball field. Costs have
exceeded the original projections and the League will guarantee project completion with
the additional $10,000. Staff recommended approving the supplemental funding request
of $10,000 in CDBG and authorization to execute the appropriate documentation.
It was moved and seconded to approve the additional $10,000 for the Lucky Baldwin
Little League for their Snack Bar construction. MIS/C: MUSENAN CLEAVE. There
were no objections.
Director of Recreation/Community Services Nunez requested Council approval to submit
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