HomeMy WebLinkAbout1997 12 03 CC MIN1997 12 03 CC MINòw @˜ } ¡
CC MIN DEC 3 1997[à›[HA
8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVENUE, WEDNESDAY,
DECEMBER 3, 1997
The City Council 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 Community Development Cervantes,
Dir. of Public Works Mousavi,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro, and
Deputy City Clerk Branek-Cox
The absence of City Clerk Gair was excused.
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PRESENTATIONS
City Manager Yeats introduced the Employee of the Year Finalists: Accountant Hennie
Apodaca, Development Services Manager Nancy Hutar, Information Services Support
Technician Mark Hsu, Assistant to the City Manager Bob Roessler, and Information
Systems Supervisor John Yeung. The Part-time Employee of the Year Finalists were:
Maintenance Al Gutierrez, Community Development Suzie Ruelas, and Print Shop
Technician Vanessa Pineda.
Officer Rick Villines introduced the Graduates of the Citizen Academy and Council
presented certificates to: Roy Test, Irene Test, Grace Cooper, C.T. Cooper, Jose Flores,
James Rivera, Iris Secada, Eric Figueroa, Juan Gonzales, and Raul Reyes.
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REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES
Deputy City Clerk Branek-Cox announced that City Clerk Gair was attending an Election
Law Seminar and could not be here tonight.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 2
OF THE CITY OF BALDWIN PARK DECEMBER 3,1997
Deputy City Clerk Branek-Cox requested approval of a resolution declaring the results of
the Special Municipal Election held on November 4,1997. A Special Municipal Election
was held to fill the vacancy created on the City Council by the election of Council Member
Lowes to the position of Mayor at the March 4,1997 General Municipal Election. The
office voted upon was for a Council Member to fill that vacancy and to serve the unexpired
term to March, 1999. A computer count of all ballots was made at a Central Counting
Center in Norwalk by the Los Angeles County Registrar Recorder's Office. A canvass was
made by the Election Department of the Los Angeles County Registrar Recorder regarding
the Special Municipal Election to verify that all ballots have been correctly counted and
accounted for. A resolution Reciting the Facts and Declaring the Results" of that election
and a Statement of Election results is before the Council.
The canvass of the election verified that a majority of the voters voting did vote for Rica rdo
Pacheco for Member of the City Council. Staff recommended approval of the resolution.
It was moved and seconded to adopt Resolution No.97-72, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RECITING THE
FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 4,1997,
DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW."
M/SIC: There were no objections.
Assemblyman Martin Gallegos administered the Oath of Office to Newly Elected
Member of the City Council Ricardo Pacheco congratulated Mr. Pacheco.
COMMENTS FROM NEWLY ELECTED COUNCILMEMBER PACHECO
Mayor Lowes invited Councilman Pacheco to say a few words.
Councilman Pacheco thanked all his friends and supporters for being present and stated
that it is a great honor to be elected to serve, and this is a victory for more than just himself.
Everyone has worked hard for a year and the hard work is why he is on Council tonight.
He looks forward to working with many and he believes the small set back in March made
everyone stronger. He spoke of his vision for the City, policing, security of the citizens,
new sidewalks and streets, and to work with the youth. He spoke of the turning point for
the City today and where the City should put its focus. He spoke of his pride in serving and
invited everyone to attend a celebration after the meeting at Guadalajara Grill.
Mayor Lowes congratulated and welcomed Councilman Pacheco to the City Council Team.
The Council Members congratulated Councilman Pacheco for his victory and the campaign
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 3
OF THE CITY OF BALDWIN PARK DECEMBER 3,1997
that he oversaw, the good things they are looking forward to accomplishing with him, they
also complimented him on his staying with the campaign and running again, and some
commented on the extra money that was spent to hold an unnecessary election. They
spoke of their happiness in him being here, and their hope for a good working relationship.
Some commented further on the justified cost of the election and the fact that Councilman
Pacheco can be proud that he was elected and not appointed to the Council.
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ORAL COMMUNICATIONS
Mayor Lowes declared Oral Communications open and invited those wishing to speak
on any subject to come forward.
Roy Test, Baldwin Park, spoke regarding the expenses related to the election and the trip
to Kansas. He also spoke of the vote for and against Mr. Pacheco and he hopes to be
able to apologize to him for his Test's) misgivings someday.
Randy Garcia, 14221 Olive, stated his concern about the project on Olive Street and the
lights that have been placed on B.P. Blvd. The red curb on his block has hit his property
values, and he would like the City to give some footage to them and their property.
Manuel Zamora, Baldwin Park, spoke regarding the problems in the area of Holland Jr.
High School.
Arman Devones, 13253 Francisquito, congratulated all the winners in the November
election. Spoke of the team called Scorpions, young boys that need a place to practice
where there are lights. They are willing to go most any night, but a lot of fields are not
available.
Steve Green, Baldwin Park, some people live in the Sierra Vista project area live in some
of the hotels because of economic conditions. He wants people who are not riff-raff to be
able to live in the hotels as their home.
Mary Ferrer, Baldwin Park, congratulated Pacheco and wants candidates to keep their
promises. She would like to have the Council review the way that the Employee of the
Year is chosen in the City. She is very disappointed that no one from the Community
Center were nominated.
Stewart Felty, Baldwin Park, was concerned about the traffic on Vineland, Ramona and
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 4
OF THE CITY OF BALDWIN PARK DECEMBER 3,1997
Francisquito. He would like to see some monitoring of the traffic and the speed along
some of these areas.
Carolyn Lake and Stephanie Lake, Baldwin Park, congratulated their mother, Mariana,
and Councilman Pacheco for the election.
Maria Consoto, congratulated Mariana Lake and Councilman Pacheco and wished them
the best. She spoke regarding handicapped children that have had false police reports
filed and these police reports are not made available. She offered her services, she would
like these families heard in Closed Session and the Council investigate these charges.
Dan Trunco, Baldwin Park, welcomed Mr. Pacheco and stated that he wants the entire
council to get along for the good of the people. And the tree has to go by the marque.
Margarita Vargas, 14129, she and her family congratulated Mr. Pacheco and told the
Council to forget about the past and don't waste anymore time. Work for the people and
she is willing to help.
Virginia Shearer, Baldwin Park, has been under redevelopment for 12 years and cannot
sell her house. She does not want to be under it again for 12 years and she objects to
eminent domain.
Mr. Magaleno, Baldwin Park, congratulated Lake and Pacheco and asked everyone to work
together. Offered his help and thanked Lozano and Muse for their election assistance
Marlen Garcia, Baldwin Park, congratulate Pacheco and felt it was an honor to work in his
campaign. She wished him luck and encouraged him to be strong. She also congratulated
Mariana Lake and Olga Morales.
Roberto Chavez, was very proud of Pacheco. He expressed his concern about the
sidewalks being dirty by the Walnut School. School district does not clean the sidewalks
often enough and the leaves are there too long.
Graciela Galvan, congratulated Olga Morales on being elected to the school board.
Maria Contreras, Baldwin Park, congratulated everyone who ran in this election, winners
and losers, and her husband. She became an American Citizen so she could vote for him.
Lucy Boutee, Baldwin Park, congratulated all the winners and Ten Muse as a new parent.
She challenged the victors to work together and be a model as a governing body.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 5
OF THE CITY OF BALDWIN PARK DECEMBER 3,1997
Diana Mendoza, related a problem on Fairgrove Street where there is not adequate
lighting.
Lanta Figueroa, Vice Mayor of the City of El Monte, thanked Mr. Lozano for the invitation
to be here and congratulated all the winners in this election.
Mayor Lowes declared Oral Communications closed.
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CONSENT CALENDAR
Deputy City Clerk Branek-Cox presented the Consent Calendar:
1. Approval of Certificate of Posting for December 3,1997
2. Approve Minutes:
Regular Meeting: November 5,1997
3. Waive Further Reading and Adopt
RESOLUTION NO.97-75 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
Warrants to Mr. Bill's Hardware
Financial Conflict of Interest
Councilmember Van Cleave Abstains)
4. Deny Claim Against the City
Ruben Chacon 97 004A
5. Approval to Allocate Funds Conduct Noise, Dust, Vibration and Speed
Studies Metrolink
6. Approve Award of Contract Design/Build Project Removal/Replacement
of Underground Storage Tanks, Pump System & Fuel Management System-
Lindmark Engineering
7. Waive Further Reading and Adopt
RESOLUTION NO.97-76 APPROVING THE ADOPTION OF ITS
BICYCLE AND/OR PEDESTRIAN
PLAN
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 6
OF THE CITY OF BALDWIN PARK DECEMBER 3, 1997
It was moved and seconded to approve Consent Calendar. MIS/C: LOZANO/PACHECO.
There were no objections.
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The regular meeting of the City Council adjourned at 8:14 p.m. to a joint public hearing
with the Redevelopment Agency.
PUBLIC HEARING
Mayor Lowes introduced the joint Public Hearing pertaining to Consideration of the
Amendment to the Redevelopment Plan for the Sierra Vista Redevelopment Project
Plan Amendment No 1) and Negative Declaration.
Assistant Planner Harbin stated that the eminent domain authority for the Redevelopment
Plan will expire in July 1998, twelve 12) years after its initial adoption. However, duration
of the development control provision of the Sierra Vista Redevelopment Plan are effective
until the year 2016. Eminent domain authority may only be granted in twelve 12) year
increments which is why the proposed extension will run to only 2010 and will not continue
to the end of the Plan itself.
Since September 18,1997 when the Council/Agency were provided with the Draft Report,
certain additional information has been compiled. The additional information consists of
the following: 1) The Planning Commission issued its Report and Recommendation that
the proposed amendment is in conformance with the General Plan; 2) The results from
taxing agency consultation meetings were completed on October 16,1997; and 3) The
Project Area Committee issued a recommendation that the proposed amendment should
be adopted by the Council/Agency with the condition that the PAC be formally reauthorized
each year for the next twelve 12) years.
Adoption and implementation of the proposed amendment will not result in any land use
changes within the project area nor will it affect land uses in the immediate surrounding
area. The Agency's top priority is to revitalize targeted commercial nodes, strengthen
existing residential neighborhoods, and the provision of affordable housing. Staff
recommended Council and the Redevelopment Agency take the following actions in the
specified order:
Redevelopment Agency 1) Adopt Resolution No.322, approving and transmitting its Final
Report on the Amended Redevelopment Plan.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 7
OF THE CITY OF BALDWIN PARK DECEMBER 3, 1997
Redevelopment Agency and City Council: 1) Open the public hearing and receive
testimony; and 2) Close the public hearing.
Redevelopment Agency: Adopt Resolution No.323, approving the Negative Declaration.
City Council: 1) Adopt Resolution No.97-73, approving the Negative Declaration; 2)
Adopt Resolution No.97-74, approving and adopting written responses and findings to
written objections; and 3) Introduce for first reading Ordinance No.1128.
Randy Glover GRC Redevelopment Consultants, went over the purpose of the
amendment and why this amendment has been proposed. He outlined the composition
of the Sierra Vista Project Area and its use and location. The areas need considerable
work and the private sector does not have the resources to accomplish the changes
necessary. The decision to amend, in order to give eminent domain authority until 2010,
is because there is a considerable amount of work to be done. There are no other
changes to the plan. All protections are in place and in tact.
The report tonight is the factual basis for the amendment, concerning blight, it documents
the entire process that was gone through to develop this. There has been considerable
environmental review. Eminent domain is a primary power for the RDA, and is a tool for
the protection for the property owners against big government. It is a means to move the
people up and is a last resort in the process and requires a true third party in the process.
There are considerable benefits to everyone involved in the entire process that is
proposed.
Director of Community Development Cervantes added that there is a great
misunderstanding of redevelopment law and the amendment process. He stressed that
typically more land is incorporated along this area, but in this case the law was changed
because of AB 1290 the authority was maintained to continue exercising eminent domain.
It was shortened to 12 year spans now, and now they make cities jump through the hoops
of amending the law and that's all that is being done tonight this is totally a last resort.
Mayor Lowes explained that the first action of the Redevelopment Agency is to adopt
Resolution No.322.
It was moved and seconded to adopt Resolution No.322, A RESOLUTION OF THE
BALDWIN PARK REDEVELOPMENT AGENCY APPROVING AND TRANSMITTING ITS
FINAL REPORT ON THE AMENDED REDEVELOPMENT PLAN FOR THE SIERRA
VISTA REDEVELOPMENT PROJECT, AMENDMENT NO.1 TO THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK." MIS/C: MUSEILOZANO. There were no objections.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 8
OF THE CITY OF BALDWIN PARK DECEMBER 3,1997
Mayor Lowes declared the joint public hearing open and invited those wishing to speak
pertaining to the Sierra Vista Redevelopment Project, Amendment No.1 to come forward.
Speaking in favor of the amendment and eminent domain and the project were:
Dan Steffan, 14458 Merced Avenue.
William Crawford, apartment owner.
Maria Contreras, Baldwin Park.
Al Contreras, Baldwin Park.
Sandy Lucas, 4442 Bresee.
Ivan Nunez, trailer park.
Speaking against eminent domain due to costly process and settlement to owners were:
Virginia Shearer, Whitsell Street.
Gary Goodman, trailer park resident.
William Crawford.
Mr. Garcia, resident.
Nick Metropolis, 15038 Ramona restaurant Not in freeway redevelopment area)
Edward Lockzan, 13822 Garvey.
Ivan Nunez, 13822 Garvey.
There being no other speakers, Mayor Lowes declared the public hearing closed.
Councilmember Agency member) Muse commented on the need for a community
meeting for the trailer parks and for hotel residents and to have a bilingual meeting. Mr.
Cervantes responded that we would be preparing a relocation plan including a survey that
states the availability of benefits. The trailer park is not affected in the Autonation project,
there is a potential for redevelopment around the trailer parks but there is nothing planned
at this time.
In response to Councilmember Muse, City Manager Yeats responded that there are two
separate issues here, in 1999 the trailer parks become a non-conforming use and will not
be renewed for that use and that decision was made in 1994. New trailer parks will not
be allowed. The second issue is about redevelopment and relocation that might affect
the trailer park residents. In the Target project all of the tenants were relocated to a higher
standard of living. An information package will be put together and we will go out and
explain this to the trailer park residents.
Councilman Van Cleave state he was a member of the PAC committee in the Sierra Vista
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OF THE CITY OF BALDWIN PARK DECEMBER 3,1997
Project from the beginning and everyone is always afraid. He assured everyone that is in
the project that they will receive everything that can be given to them and they should plan
on attending all PAC meetings.
Director Cervantes responded that 500 acres are in eminent domain until 1998 and then
extends for 12 years under what was adopted tonight. Director Yeats also explained the
1999 deadline for the trailer parks and the acquisition that took place in acquiring
properties for the Target project.
It was moved and seconded to adopt Resolution No.323, RESOLUTION OF THE
BALDWIN PARK REDEVELOPMENT AGENCY APPROVING THE NEGATIVE
DECLARATION FOR THE SIERRA VISTA REDEVELOPMENT PROJECT,
AMENDMENT NO.1" M/S/C:LOZANO/VAN CLEAVE. There were no objections.
It was moved and seconded to adopt Resolution No.97-73, RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE NEGATIVE
DECLARATION FOR THE SIERRA VISTA REDEVELOPMENT PROJECT,
AMENDMENT NO.1" MIS/C: MUSE/VAN CLEAVE. There were no objections.
It was moved and seconded to adopt Resolution No.97-74, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING
WRITTEN RESPONSES AND FINDINGS TO WRITTEN OBJECTIONS RECEIVED IN
REGARD TO THE SIERRA VISTA REDEVELOPMENT PROJECT, AMENDMENT NO.
1." MIS/C: LOZANO/MUSE. There were no objections
It was moved and seconded to introduce Ordinance No.1128, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AND ADOPTING
THE REDEVELOPMENT PLAN FOR THE SIERRA VISTA REDEVELOPMENT
PROJECT, AMENDMENT NO.1 AS THE OFFICIAL REDEVELOPMENT PLAN FOR
SAID PROJECT," for first reading, that it be read in title only, and all further reading be
waived. MIS/C: MUSE/VAN CLEAVE. There were no objections.
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The regular meeting of the Baldwin Park Redevelopment Agency was recessed at 9:01
p.m.
The regular meeting of the City Council reconvened at 9:01 p.m. Roll call remained
the same.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 10
OF THE CITY OF BALDWIN PARK DECEMBER 3,1997
COUNCIL./STAFF REQUESTS AND COMMUNICATIONS
Councilman Van Cleave stated that he would be out of town for a period of time due to
the illness of his brother in Colorado who is not expected to live more than a week. He will
be missing several events that are coming up and he apologized for his absence. He may
not be able to return for up to three weeks.
Councilman Pacheco expressed his concern about electrical deregulation that will be
begin next year. He inquired as to what the status of the City is in regard to that. City
Manager Yeats responded that the City has been studying this issue and has found that
the City that is at the forefront of this is Palm Springs who is already supplying power. Our
City is in the process of obtaining the documents that were used in the process that they
went through. We will then go through a study that will determine the actual savings that
residents will receive and looking at the different options that are provided in the
community. The new law takes effect January 1 and during 1998 we need to make a
choice on what we are going to do. In response to the councilman's question, City
Manager Yeats stated that we will be contacting Edison to see how the rates break down
and choosing the best savings by looking at the big picture. Staff will be reporting back by
the second meeting in January with a preliminary report on becoming a power broker or
an electrical utility in ourselves. Staff also resounded that the City spends about a half
million dollars a year in electrical costs and a rate analysis has not been requested from
Edison.
Councilman Lozano introduced Councilman Mike Tuohy, West Covina and Mayor
Joseph Gonzales, South El Monte.
Councilman Lozano requested an immediate follow up meeting regarding the Metrolink
because residents have contacted him about the noise continuing. He has also been in
contact with the county regarding this on going problem. In response to the councilman
Director of Public works Mousavi explained that a consultant will be hired who will be doing
a vibration analysis, dust control analysis, and to look at the speed of the trains. After that
the City will have some exact figures on the situation and then we can try to develop some
resolutions to these problems. Councilman Lozano requested that letters be sent out to
the residents to inform them of what the City is doing.
Councilman Lozano requested that the City go forward with an intern program to help
develop some of the local high school students to prepare our youth to be the leaders
of the City and to hold the jobs in city hall. In response to the councilman's request, City
Manager Yeats stated that he has been meeting with school district personnel to develop
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CC MIN DEC 3 1997[à›[HA
8REGULAR MEETING OF THE CITY COUNCIL PAGE 11
OF THE CITY OF BALDWIN PARK DECEMBER 3,1997
this program. The councilman requested that he be involved in the process. The
councilman also requested that the tree that is blocking the reader board be removed if it
cannot be trimmed back far enough.
Councilman Lozano asked to read the following statement to the Council and members
of the public, Given the historic landslide victory of Ricardo Pacheco, I believe that this
Council has a mandate for change. The first and most important change needs to be
moving towards an open and responsive style of management for the City. After serving
on the City Council under the E Team Management Style and under a City Manager Style
of government it is my opinion that the City return to the E Team concept or a close
variation such as the less centralized City Administrator concept. As such, I am calling
for a special meeting on Friday, December the 5th at 4:00 p.m. to take the first steps
toward reclaiming city hall for the people. This first step is to consider discharging the
current City Manager."
In response to Councilman Lozano asking if he had the consensus of the City Council
to set Friday morning's special meeting to consider the City Manager's dismissal in Closed
Session, Mayor Lowes and Councilman Van Cleave expressed their opposition to any
such action. They also specifically requested that this not be considered on that date due
to Councilman Van Cleave's brother's illness. They also expressed their feelings that any
such action would jeopardize the redevelopment that is planned and will demoralize city
staff.
Council expressed their individual feelings about elected officials and their role in city
government, that the democrat process is exercised through change, the E-Team as a
form of managing the City, information not being equally distributed between Council
Members, there already being a mixed form of government under the present City
Manager, and pro and con statements relative to the job being done under the City
Manager form of government. Some members emphasized the need for the City Council
to be the leaders in City government and not depend on a single individual, because there
was more creativity through certain types of management.
There was some disagreement as to the Council Members taking a more active role in the
day to day running of the City and Mayor pro tem Muse responded to that with a proposal
to have a meeting to discuss this in greater depth. She suggested the December 17,1997
meeting since Councilman Van Cleave cannot be here on the 5th. She also suggested this
be a Closed Session Item and asked that this be a direction to staff.
After discussing Councilman Van Cleave's schedule for returning from Colorado it was
agreed that this would be considered at the December 17 meeting. Councilman Lozano
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 13
OF THE CITY OF BALDWIN PARK DECEMBER 3,1997
The regular meeting of the City Council was adjourned by Mayor Lowes in memory of
Robert Wyatt, a long time resident of the City, to an adjourned regular meeting for Friday,
December 12,1997 at 9:00 a.m. for a budget study session in room 307.
LINDA L. GAIR, CITY CLERK
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 12
OF THE CITY OF BALDWIN PARK DECEMBER 3,1997
clarified that he stated to consider" the dismissal of the City Manager.
Mayor Lowes polled the Council on their desire to hear this issue at the December 17
meeting. Responding yes were: Lozano, Muse and Pacheco. Responding no were Van
Cleave and Lowes.
In response to Mayor Lowes' requesting staff comments, requested, as a resident for over
twenty years, for Council to really think hard of about this and its effect. Councilman
Lozano stated his expectations of Directors as leaders and being their own persons and
not being a follower.
Mayor Lowes asked for any other staff have comments. City Manager Yeats requested
to be placed on administrative leave pending Council's meeting on the 17th, because
that would exclude staff from speculating and worrying and contemplating what's going to
happen.
Mayor pro tern Muse mentioned the need to appoint an Acting City Manager. The City
Attorney responded that it can be done by consensus, at this point since it is not on the
agenda.
It was moved and seconded that Sid Mousavi be appointed Acting City Manager until
the meeting of the 17th. MIS: MUSE/LOZANO. The City Attorney called for any
objections and Mayor Lowes and Councilman Van Cleave stated their objections.
00-
City Attorney Olivas explained that after the posting it became necessary to consider a
Closed Session for the City Council that deals with Conference With Legal Counsel,
Existing Litigation, pursuant to Government Code 54956.9
It was moved and seconded to place a Subsequent Need Item on the Agenda to
consider the Closed Session for the City Council that deals with Conference With
Legal Counsel, Existing Litigation, pursuant to Government Code 54956.9. M/S/C:
MUSEILOZANO. There were no objections.
Phan vs the City of Baldwin park was placed on the City Council agenda for Closed
Session. The City is represented by the firm of Carpenter and Rothens and was present.
00-
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