HomeMy WebLinkAbout1997 04 02 CC MIN1997 04 02 CC MINòw @˜ } æ CC MIN APRIL 2 1997ä›[H"õ8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWiN PARK, CITY HALL
14403 EAST PACIFIC AVENUE, WEDNESDAY,
APRIL 2,1997
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 Aftomey Olivas,
City Manager Yeats,
Acting Chief of Police Kies,
Dir. of Community Development Cervantes,
Dir. of Public Works Mousavi,
Deputy City Clerk Branek, and
City Clerk Gair
The absence of City Treasurer Montenegro was excused.
oo
PRESENTATIONS
Mayor Lowes read the Proclamation and declared the month of April, 1997, as
Earthquake PreparednessZ and presented it to Emergency Coordinator lrv Dawson.
Mayor pro tem Muse presented a Certificate of Recognition from State Senator Solis to
Mayor Lowes.
Acting Chief of Police Kies introduced Captain Mike Benneft and told of his
background and education. Mayor Lowes presented Captain Bennett with a Twenty
Year Service Award.
oo
ORAL COMMUNICATIONS
Mayor Lowes declared Oral CommunIcations open and invited those wishing to
speak on any subject to come forward.
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1997 04 02 CC MINòw @˜ } æ CC MIN APRIL 2 1997ä›[H"õ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2
OF THE CITY OF BALDWIN PARK APRIL 2, 1997
Ricardo Pacheco, 3436 Baldwin Park, stated that the Council is divided and that they
are not listening to the people. The person with the next highest votes should be
appointed to the vacant Council seat. The appointment needs to be made so that the
City can move forward rather than deadlock. The special election to fill the vacant seat
will cost the City $50,000. Councilmember Van Cleave strongly supported appointment
in the past. He also pointed out that his supporters are in attendance at the meeting.
Those speaking in favor of Ricardo Pacheco being appointed to fill the vacant Council
seat for the following reasons: that the costs of the election is prohibitive, the money
could be better spent, that he was third runnemp with 1,832 votes, that pressing matters
need to be addressed, and business cannot be carried out with a 2-2 vote, those
persons were:
Diana venegas, Baldwin Park
Christopher Venegas, Baldwin Park
Gilbert Venega8, Baldwin Park
Jesse Platta, Baldwin Park
Edwin Borjorquez, Baldwin Park
Bwce Jacobson, business person in City
Michael Alien, 3575 Vineland Avenue
Conmdo Magdaieno, IBaIdwin Park
Patrick Fiannery, Baldwin Park
Valarie Dumn, Baldwin Park
Olga Momles, Baldwin Park
Gmclela Aguilerla, 4014 SUchman
Marlene Garcia, Baldwin Park
BetinoBarbaro, 4865 Downing
Tomas Hier, Baldwin Park
Catalina Hier, Baldwin Park
Nelida Ramirez de Romero, Baldwin Park
Dora Moilna, Ohio St
Aura Carrililo, Baldwin Park
Alva Venegas, Baldwin Park
David Muse, 3575 Vineland
Those speaking in opposition to appointing Ricardo Pacheco and in support of
conducting a special election for the following reasons: the City does not have a policy
that support appointment, when Raul Martinez resigned Mr. Van Cleave was not
appointed, the people have spoken that they want the right to elected officials, another
rubber stamp councilmember is not needed.
Priscilla Popick, Baldwin Park
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OF THE CITY OF BALDWIN PARK APRIL 2, 1997
Irene Test, 15115 Kenoak
Marsha Arkin, Baldwin Park
Sean McWhorter, representat;ve of CongresZman Matthew Martinez' Office, introduced
himself and stated that his office is always open to his constituents.
Hillel Arkln, 4347 Stewart, stated that he is disappointed with the deadlocked voting,
It reminded him of the old days in Chicago. There is a County election on June 3rd that
involves the Fire Department and Library, but the Council has not given any information
or direction to the citizens. He encouraged the citizens to vote yes on the Fire
Department and the Library. If the deadlock continues he will take legal action if
necessary. He asked that Council treat each other with respect.
Priscilla Popick, Baldwin Park, referred to Councilmember Lozano stating his
opposition to spending $40,000 for a special election. Yet, the previous Council spent
$65,000 for interviews for a new police chief and for the Director of Community
Development. Just before the election, Councilmember Lozano voted to appoint
Captain Kies as Chief of Police. Now, after the election Councilmember Lozano voted
against appointing Captain Kies as Chief of Police.
Irene Test, 15115 Kenoak, stated that the Tribune article Stated that Teri Muse wanted
to get a new police chief to get a new prospective. Captain Kies is a wonderful man, he
has worked his way through the ranks, and earned his way up.
Raul Reyes, 3182 Athol, asked Council to adopt a policy pertaining to appointments
to Council. He stated that Mr. Bill was not appointed, but at the last election he was
elected, and that he would not appoint either, if he were Mr. Bill. He asked that the
police chief be appointed. He also asked what value do you put on the right to vote?
Do what is right for the City, the City needs to heal. The City is a good place to live, but
the City has a long way to go.
Anthony Bejarano, Baldwin Park, stated that people vote for people to get them in
office, that the cItizens do not vote to appoint. He stated that he thought it was up the
City Manager to appoint the chief of police.
Dick Tatum, Baldwin Park, stated there has been one fiasco with the appointment of
the chief of police when someone was appointed out of turn. The Acting Chief of Police
is a fine, knowiedgeable person and the City does not need another Willie Williams.
Dan Trunco, Baldwin Park, resident for 30 years. He asked for Council to forget about
personal differences, to make Baldwin Park the best that we can. We have a good
police chief that knows the City's problems. What's good for the City is what the City
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1997 04 02 CC MINòw @˜ } æ CC MIN APRIL 2 1997ä›[H"õ8REGULAR MEEfING OF THE CITY COUNCIL PAGE NO. 4
OF THE CITY OF BALDWiN PARK APRIL 2, 1997
needs.
Roy Test, 15115 Zenoak, stated that he has lived in BP since 1969. Happy to see Van
Cleave and Lowes representing him. Instead of issuing a recall on Ten Muse, he asked
for e letter of resignation tonight to save the City money.
Margarita Vargas, 14129 Ohio3 stated that she was at the forum. Councilmembers
Lowes and Van Cteave stated they would work for the people. She asked why is Council
afraid of Fidel Vargas, that he will be leaving for Harvard soon. Fidel Vargas did a
good for all the citizens and people from other communities respect him more than the
people in this City.
Betino Barbaro, 4865 Downing, stated that she has a huge puddle in front of her house
when it rains, and that needs to be repaired by the City.
Dora Moilna1 Ohio Street, stated that as a citizen she voted in the last election.
Somebody that worked the polls punched the ballot for her, but the person that helped
her1 voted for someone else, and more supervision needs to be at the polls.
Fidel Vargas1 3815 1/2 Merced, explained why people think the the City has been
divided and that he is a racist. He stated that people are afraid of change. All
decisions should be made with all citizens in mind. People like the changes in this
community and they know what's going on. He requested that Mr. Bill's Hardware
Store no longer do business with the City.
Levi Richard, 3336 Millbury, stated Mayor Vargas dismissed all the African Americans
from all the committees and replaced them with Hispanics. The Acting Chief of
Police came to this City like any other worker, and worked here with the understanding
that he would be promoted. The Acting Chief of Police went to school, is more than
qualified, and now he needs to be promoted.
David Muse, 3575 Vineland, stated that the recall can be eliminated by Mayor Lowes
stating the charges are not true against Teri Muse.
There being no other speakers, Mayor Lowes declared Oral CommunicatIons closed.
Councilmember Lozano clarified For the Record, A person stated that it cost $60,000
to interview specific personnel, it was more like $22,000 to interview. It was the previous
Council which were former Mayor Fidel Vargas, Mayor pro tern Muse, Councilmembers
Lowes and Lozano. The person obtained misinformation, that is totally false. It was
more like $22,000."
oc)
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1997 04 02 CC MINòw @˜ } æ CC MIN APRIL 2 1997ä›[H"õ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5
OF THE CITY OF BALDWIN PARK APRIL 2,1997
CONSENT CALENDAR
City Clerk Gair presented the Consent Calendar as follows:
1. Approval of Certificate of Posting for April 2,1997
2. Deny Claim Against the City
John Santana
3. Waive Further Reading and Adopt
RESOLUTION NO.97-18 ALLOWING CLAIMS AND DEMANDS AGAINST
THE CITY OF BALDWIN PARK
Warrants to Mr. Bill's Hardware Possible
Conflict of lnterest-Councilmembervan Cleave
Abstains)
4. Waive Further Reading and Adopt
ORDINANCE NO.1124 AMENDING SECTION 153.152, FREEWAY
Second Reading) COMMERCIAL ZONE" OF THE BALDWIN PARK
MUNICIPAL CODE TO ALLOW CONVALESCENT
CARE FACIUTIES IN THE FC ZONE WITH A
CONDITIONALUSEPERMIT. APPUCANT:JOHN
L. SORENSEN FOR NORTH AMERICAN HEALTH
CARE, INC.; CASE NO: AZC140).
5. Approve Agreement Architectural Services Improvement of Little League
Baseball Fields David VoIz Associates
6. Award of Contract Engineering Services Timing Charts and
Synchronization Minagar & Associates
7. Waive Further Reading and Adopt
RESOLUTION NO.97-19- APPROVE RESOLUTION IN SUPPORT OF
WELFARE REFORM
8. Approve PlansiSpecifications & Authorize Solicitation of Bids Francisquito
& Baldwin Park Boulevard Street Improvements CIP 621
9. Waive Further Reading and Adopt
RESOLUTION NO.97-20- ADOPTING THE 1997 EDITION OF THE
STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION GREEN BOOK
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OF THE CITY OF BALDWIN PARK APRIL 2, 1997
It was moved and seconded to approve the Consent Calendar. MIS/C:
MUSE/LOZANO. There were no objections.
PUBLIC HEARING
Mayor Lowes introduced the Public Hearing to Determine City's Needs Under the
Annual Action Plan/Consolidated Plan for FY 1997-98.
Director of Community Services Cervantes stated that the purpose of the Consolidated
Plan is to determine all the needs in the community, especially for the low and moderate
income, prioritize those needs, and set UP an action plan to meet the needs with
available resources. The areas of importance were outlined in the staff report. The
estimated total funding to be allocated under the Consolidated Plan for 7/1/97 6/30/98
is $2,552,627. It was recommended that Council conduct the public hearing to
determine the housing and community development needs of the City pursuant to federal
Consolidated Plan regulations.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak
pertaining to the Annual Action Plan'Consolidated Plan for FY 1997-98 to come forward.
Tern Howell, Service Center for Independent Living, stated the services that are provided
by the organization that she represents. There are 6000 Baldwin Park residents that
have disabilities. She thanked Council for support in the past and asked for continued
support.
Ron Sachs, President of the East San Gabriel Valley Coalition for the Homeless, stated
that their offices are located in the City and service this community. He presented
pamphlets and recent newsletters to Council. He further stated that they want to expand
their services to the homeless and to those that are low income people. Their goal is to
be open all day long. The organization is asking for additional funding for medical
evaluation and then a referral will be given to the person to receive medical help.
Tim Varnum, Director of Program Development at Ettie Lee Youth, 5146 Maine, spoke
about two programs. First, the Baldwin Park Diversion Program that has been funded
for the last two years. He told of the preventive program that involves parenting classes
and 30 hours of community services by the youth. The organization requested $50,000
this year and requested that Council vote for the full amount. The second program is
being done in conjunction with the Baldwin Park Food Bank. The organization is
proposing in partnership with the food bank, to teach people independent living skills
at a cost of $10,000 to provide 6 hours a week classes on personal appearance,
hygiene, emergency and safety skills, vocational assessments, money management,
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OF THE CITY OF BALDWIN PARK APRIL 2,1997
transportation and knowledge of community resources. The Housing Commission has
recommended that the $10,000 not be funded.
DeeDee Carter, WINGS Shelter, stated the number of people that have been assisted
with the help line, restraining orders, support groups, shelter, and food. She requested
that Council continue to support WINGS.
There being no other speakers, Mayor Lowes declared the Public Hearing closed.
In response to Councilmember Lozano, Mr. Vamum stated that Ettie Lee Homes is
requesting $50,000 but the Housing Commission is recommending $40,000. The
organization is asking for an extra $10,000 for the Food Bank and $50,000 for the
diversion program.
In response to Mayor pro tem Muse, Mrs. Carter stated that WINGS would move into
the City if space was made available.
Mayor pro tem Muse requested 1) any minutes from the Advisory Committee Meetings
and the Housing Commission that describe the recommendations that were made that
led to the funding recommendations; 2) the proposal for Recreational Scholarship
Program or the Voucher Childcare Program; and 3) provide information pertaining to
budgeted items pertaining to public facilities, sidewalks, and street renovations.
00
REPORTS OF OFFICERS. COMMISSIONS, AND COMMITTEES
City Manager Yeats requested Council approval to waive the formal bidding process
as outlined in BPMC Chapter 34.20 Section 34.23 and to approve an agreement with
Decision Management Company, Inc., for Imaging and records management
software, hardware, and tmlnlng. 8taff desires to have a system that not only does
imaging, document management, archival and retrieval, but will allow an interlace to
our word processing system, allowing the City to move towards a paperless
environment. This imaging system meets our needs because it will provide the full
spectrum of imaging functions, improve access to documents and expand staff's
base of available information, and offer several productivity enhancing and decision
making tools. Staff recommended approval.
In response to Councilmembers, City Manager Yeats told that the amount covers
support and maintenance, the scanner is an upgrade that will scan 27 pages a
minute, the process will begin with the Redevelopment Department, and the
funding would be allocated by usage of the system.
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1997 04 02 CC MINòw @˜ } æ CC MIN APRIL 2 1997ä›[H"õ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8
OF THE CITY OF BALDWIN PARK APRIL 2,1997
It was moved and seconded to approve waiving the formal bidding process and
approve the agreement with Decision Management Company, Inc., for the purchase
of an imaging and records management system, Including software, hardware and
training in the amount of $70,000. MIS/C: LOZANONAN CLEAVE. There were no
objections.
City Clerk Gair requested Council adoption of a resolution to appoint or the adoption of
two resolutions to call a Special Election for November 4, 1997 to fill the vacancy
created by the election of Bette Lowes as Mayor at the General Municipal Election held
in March. It was recommended that Council either adopt the resolution to appoint to
the Council vacancy or state their personal positions relative to holding a Special
Consolidated Election, if they so desire, and then adopt the two resolutions that are
prepared to Give Notice of the Special Election and to Request County services.
Mayor pro tern Muse stated people came forward and made their thoughts known.
Council is required by law to fill the seat, and it does not make sense to hold an
ejection. The City has redevelopment that needs to get moving. She asked for input
from Public Works Director and the Chief of Police on how the $40,000 could be used
in each department. Mr. Pacheco is an independent thinker and she requested Council
appoint Mr. Pacheco to fill the vacancy.
It was moved and seconded to approve Resolution No.97-21, UA RESOLUTION OF
ThE CITY COUNCIL OF THE CITY OF BALDWIN PARK FIWNG A VACANCY ON
ThE CITY COUNCIL BY APPOINThENT OF RICARDO PACHECO." MIS:
MUSE/LOZANO.
Council Van Cleave stated that he did not endorse Mr. Pacheco and that he has not
seen what he has done in the community. He further stated that the only decision that
Council cannot agree on is the appointment of the Chief of Police and the City Attorney.
Councilmember Lozano clarified that not all 73,000 people are in the audience, but they
would be against spending $50,000 for a special election. Ricardo Pacheco is qualified
and has served this community. He is a professional, and a role model to the youth in
the City. Councilmember Van Cleave has benefitted in the City by receiving a City loan
and by the City paying for improvements in the Maine Avenue Center. He asked why
Councilmember Van Cleave is afraid of Fidel Vargas? He asked Councilmember Van
Cleave and Mayor Lowes to do what is right, to unite by appointing Ricardo Pacheco.
Mayor Lowes stated that the City has the right to vote for an independent thinker.
ROLL CALL VOTE:
AYES MUSEANDLOZANO
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1997 04 02 CC MINòw @˜ } æ CC MIN APRIL 2 1997ä›[H"õ 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 9
OF THE CITY OF BALDWIN PARK APRIL 2, 1997
NOES VAN CLEAVE AND LOWES
Motion was rejected.
It was moved and seconded to approve Resolution No.97-21, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK FILLING A VACANCY ON
THE CITY COUNCIL BY APPOINTMENT OF RAUL REYES." MIS: VAN
CLEAVE/LOWE S.
ROLL CALL VOTE:
AYES VAN CLEAVE AND MAYOR LOWES
NOES LOZANO AND MUSE
Motion was rejected.
It was moved and seconded to approve Resolution No.97-21, ZA RESOLUTION OF
THE CITY COUNCIL OF ThE CITY OF BALDWIN PARK, CALIFORNIA, CALLING AND
GIVING NOTICE OF ThE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON
ThESDAY, NOVEMBER 4,1997, FOR ThE ELECTION OS A MEMBER OF ThE CITY
COUNCIL TO FILL A VACANCY AS REQUIRED BY ThE PROVISIONS OF THE LAWS
OF ThE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.5 MIS: VAN
CLEAVE/LOWE S.
ROLL CALL VOTE:
AYES VAN CLEAVE AND LOWES
NOES LOZANO AND MUSE
MotIon was rejected.
City Attorney Olivas recommended that if Council cannot make a decision by April 11th
that he will ask Council for authority at the April 18 meeting to seek a Writ before the
Superior Court to order the Council to make a decision. Under those circumstances the
judge would determine and would order Council to meet and make a decision under
the threat of possible Contempt of Court, or the judge would order a special election.
There is no case law for reference.
In response to Mayor Lowes, City Clerk Gair stated that a decision can be made now,
because ultimately we will have an election, and the reasons why some
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO, 10
OF THE CITY OF BALDWIN PARK APRIL 2, 1997
Councilmembers are against calling the election. Or wait and be ordered by a Court
to do just exactly that anyway.
Mayor Lowes recommended Council voice their opposition to it, but vote go to a special
election rather than go to court.
Councilmember Muse stated that she supports holding this off until the 1Zh and she
hopes that the differences will be put aside and there will be a miracle.
City Attorney Olivas recommended that this issue remain open for a possible special
meeting by the 11th. If no meeting is held by the 11th then bring this on the agenda
by the 1Zh.
Director of Public Works Mousavi requested Council approve the Amendment to the
Agreement with Willdan Associates relating to the Lighting and Landscaping
Assessment District. Wuldan was awarded a two year contract to provide services
including researching parcel changes, preparing the annual assessments and submitting
a final report for the Assessor's Roll to the County of Los Angeles. As a result of
Proposition 218, the existing Assessment District needs to be reviewed for compliance
with new provisions that apply to general and special benefits, treatment of public
agency property and the need for a mailed ballot. Some of the current funded items
such as parks, arterial landscaping and lighting maintenance may no longer be fully
fundable. Staff reviewed Wilidan's proposal and staff prepared the Amendment to the
Agreement with wiudan Associates to review the Ughting and Landscaping Assessment
District for compliance with Proposition 218 requirements. It was recommended for
approval.
It was moved and seconded to approve Amendment No.1 to the Agreement with
Wilidan Associates Irelating to Lighting and Landscaping Assessment District.
MISIC: LOZANO/MUSE. There were no objections.
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COUNCILISTAFF REQUESTS AND COMMUNICATIONS
Mayor pro Tem Muse requested 1) a booth or table for the Council at community
events; and 2) a page of jobs available in the City advertised in the NOW. Council
agreed by unanimous consent.
Councilmember Lozano stated that the Mid-Valley Consortium would be able to help
people that are unemployed.
In response to Councilmember Lozano, Director Mousavi stated that the developer is
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1997 04 02 CC MINòw @˜ } æ CC MIN APRIL 2 1997ä›[H"õ8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 11
OF THE CITY OF BALDWIN PARK APRIL 2, 1997
working with Caltrans to clean up the area adjacent to Target.
In resZonse to Councilmember Lozano, City Manager Yeats stated that the City has a
number of youth working in part time jobs in the City, and that he would see if there is
any need for more youth.
Councilmember Van Cleave invited everyone to the Mixer at Guadalajara Grill. Several
clubs will be available so that the public can get acquainted and involved in various
organizations. He thanked Director Mousavi for taking care of the speed bump at the
Community Center.
The regular meeting of the City Council rece88ed at 9:34 p.m.
The regular meeting of the City Council reconvened at 9:50 p.m. Roll call
remained the same.
pp
CLOSED SESSION
The regular meeting of the City Council adjourned to a Closed Session to consider
Conference With Legal Counsel Existing Litigation1 City of Baldwin Park vs. Abalo et
al., City of Baldwin Park vs. Aviso et al., pursuant to Government code 54956.9.
Council directed staff to accept the settlement.
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The regular meeting of the City Council adjourned at 10:00 p.m. There were no
objections.
LINDA L. GAIR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLERK
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