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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 Z00- The absence of City Treasurer Montenegro was excused. 00 Mayor Lowes introduced Elaine Halla, Baldwin Park's First Lady Scoutmaster, and presented an Award of Merit to her. 00 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. Zoo- 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. BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. 00- 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. 00- 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 BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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 BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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 BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 03 19 CC MINòw @˜~ CC MIN MARCH 19 1997›[H1« 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. BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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 BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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 BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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 BIB] 37175-U01 CC-U02 MIN-U02 MARCH-U02 19-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3442-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 03-U02 19-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3443-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05