HomeMy WebLinkAbout1997 12 17 CC MIN1997 12 17 CC MINòw @˜ } · CC MIN DEC 17 1997à›[HW 8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVENUE, WEDNESDAY,
December 17, 1997
The City Council met in regular session in the
Council Chambers at 7:00 p.m.
ROLL CALL PRESENT: COUNCILMEMBERS LOZANO, MUSE, PACHECO,
VAN CLEAVE, AND MAYOR LOWES
ALSO PRESENT: City Attorney Olivas
Acting Chief of Police Kies,
Acting City Manager Mousavi,
Dir. of Community Dev. Cervantes,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro,
Deputy City Clerk Parks, and
City Clerk Gair
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ORAL COMMUNICATION
Mayor Lowes declared Oral Communications open and invited those wishing to speak
on any subject to come forward.
Dan Trunco, Baldwin Park, spoke regarding the last meeting and Councilman Lozano
suggesting to get rid of the City Manager and return to the Executive Team. Why do this
again, why is this better or why is the City Manager better. The people should have a say
in this.
Patricia Mayorga, West Covina, Baldwin Park Chamber of Commerce President,
Spoke on behalf of the businesses and the chamber. She questioned the E-Team being
brought back in and how will it effect business. Is the E-Team conducive to better business
and the growth of business? She felt problems are created for business by having to go
through six people instead of a single City Manager. Processing is slowed down. She
requested an explanation of E-Team management, what are the pros and cons. She
requested a business forum regarding this so that businesses can get to the real answers.
Justina Ram irez, Baldwin Park resident for 32 years. She related how she has seen the
gradual decline of some cities in the area because they do not want to assimilate with the
American way of life and they create pockets of discrimination. She spoke of her concern
that those that deliberately identify with their ethnic heritage and insist on segregating
themselves by having their language and culture at the fore front are discriminating. She
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1997 12 17 CC MINòw @˜ } · CC MIN DEC 17 1997à›[HW 8REGULAR MEETING OF THE CITY COUNCIL PAGE 2
OF THE CITY OF BALDWIN PARK DECEMBER 17,1997
referred to the cities of Monterey Park and Alhambra as examples of doing this. She was
concerned that Baldwin Park was becoming a Mexican City and encouraged everyone to
remember that to become an All-American City we need be concerned with integrating this
city to be successful.
Margarita Vargas, Baldwin Park resident for 19 years and proud to be a citizen here as
an American citizen. She felt the City Council should talk to the Tribune editorial staff to
have the Tribune show more respect to the city. She referred to her son and that he does
not have the time to be a city manager and the city could not afford to pay him the kind of
money he wants to make. She wants the Tribune to research their articles and not publish
rumors.
Priscilla Popick, Baldwin Park, felt that the City Council is not fooling the people about
getting rid of Carl Yeats. She made personal references to members of the City Council
and a member of the State Assembly.
Richard Rascon, Baldwin Park businessman, resident of West Covina, requested to
know if three members of the City Council intend to vote Mr. Vargas in as City Manager?
Mayor Lowes responded that Council does not respond to specifics in Oral
Communications). He felt that what is being done is not right to the people.
Patrick Mower, Baldwin Park, wished to add to Mrs. Ramirez' comments, he stated the
importance of speaking other languages in other countries, and it should be the same here
to speak in English. He also criticized the F-Team that was implemented before and the
need to have one boss, a City Manager. The Council should respond to the people, and
to do the job for the people.
Marcia Arkin, Baldwin Park, spoke regarding the Closed Session Items. She was
concerned about what is discussed behind closed doors. She wants the status quo and
the City Manager to remain and for the Council to listen to what the people want.
Conrado Magdalena, Baldwin Park, spoke regarding electing public officials to run the
City not to hire someone to do your job. He felt the rumors in the City are coming from the
City Council and a city cannot be run on rumors. If you go to the E-Team and Council
thinks it will work, then go for it. Council cannot please everyone, so Council should do
what they think is best for the people. People pay taxes who are not citizens and Council
is obligated to represent them all.
Vivian Olivas, Baldwin Park, stated that she does not want to see an Executive Team
Back in the City, and the Council micro managing the Staff. If that is what the City is going
to, then why not return Carl Yeats to the position he held with the F-Team.
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OF THE CITY OF BALDWIN PARK DECEMBER 17,1997
Marlen Garcia, Baldwin Park, addressed the issue of the editorial in the Tribune that
indicated that Mr. Vargas would be returning to be City Manager. She criticized the
conclusions that the Tribune came to in the editorial. She challenged those who are
responsible for spreading the rumors. She addressed Mayor Lowes regarding comments
that were made at the Employee of the Year dinner and also made comments about the
tree lighting ceremony and suggested the mayor resign from office.
Sandy Lucas, Baldwin Park, referred to the E-Team concept that was tried and that the
department heads did not like it either. When Carl Yeats had the responsibility of the E-
Team the Target project was completed and when Carl took over as City Manager now
we have the Camelback project Autonation). She felt that developers will look at this
community and what the Council does tonight and this could set us back 5 to 10 years.
Nothing has changed in all the years she's been here, this will only hurt the City. She
asked that the Council not set the City back again.
There being no other speakers, Mayor Lowes declared Oral Communications closed.
00-
CONSENT CALENDAR
City Clerk Gair presented the Consent Calendar:
1. Approval of Certificate of Posting for December 17, i 997
2. Approve Minutes:
Regular Meeting: November 19,1997
Study Session: November 19,1997
3. Waive Further Reading and Adopt
RESOLUTION NO.97-77 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. Receive and File Treasurers Report
November 30, 1997
5. Deny Claim against the City
Laura Von Der Luhe
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1997 12 17 CC MINòw @˜ } · CC MIN DEC 17 1997à›[HW 8REGULAR MEETING OF THE CITY COUNCIL PAGE 4
OF THE CITY OF BALDWIN PARK DECEMBER 17,1997
Tommy Ng
Hayai Eddahbi Mark Uribe
6. Waive Further reading and Adopt
ORDINANCE NO.1128 APPROVING AND ADOPTING THE
Second Reading) REDEVELOPMENT PLAN FOR THE
SIERRA VISTA REDEVELOPMENT
PROJECT, AMENDMENT NO.1 AS THE
OFFICIAL REDEVELOPMENT PLAN FOR
SAID PROJECT
7. WAIVE FURTHER READING AND ADOPT
Resolution No.97-78- APPROVE AMENDING AND REVISING
MCC RESOLUTION WITH COUNTY OF LOS
ANGELES MORTGAGE CREDIT
CERTIFICATE MCC)
8. Approve Amendment to Cooperative Agreement with Los Angeles
County Olive Street Storm Drain Project Phase lA CIP 616
9. Award of Contract Purchase/Installation of Audio-Visual Equipment
Council Chambers GMF Sound, Inc.
10. Approve revised Plans and Specification and Authorize to Advertise and
Solicit Bids Youth Baseball Field Improvements CIP 724A
11. Award Construction Contract Lighting Improvements Youth Baseball
Fields
12. Approve Plans/Authorize to Solicit Bids Construction of Central Park
West Improvements
13. Approve Shopping Cart Retrieval Agreement Target Stores
14. Waive Further Reading and Adopt
RESOLUTION NO.97-79 ORDERING THE CONSTRUCTION
OF CERTAIN IMPROVEMENTS IN
ASSESSMENT DISTRICT NO.
15. Award of Contract Purchase/Installation of Bus Shelters Tolar
Shelters
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OF THE CITY OF BALDWIN PARK DECEMBER 17,1997
Councilman Van Cleave requested that Item No.15 of the Consent Calendar be removed
for separate consideration.
It was moved and seconded to approve Items No.1 15 of the Consent Calendar.
MIS/C: LOZANO/MUSE. There were no objections.
Mayor Lowes stated that Item No. 15 was for the Award of Contract for the
Purchase/Installation of Bus Shelters with Tolar Shelters. Councilman Van Cleave
expressed his concern about the cleaning of the bus shelters in regard to this contract.
Since the City has taken the responsibility to clean the shelters. He stated that the bus
shelters have been handled in a lousy way and he wants to see that the City is not doing
the cleaning and not the Citizens.
It was moved and seconded to approve Item No.15 of the Consent Calendar. MIS/C:
VAN CLEAVE/LOZANO. There were no objections.
Mayor Lowes commented on several of the Consent Calendar Items for the information of
the audience.
00-
PUBLIC HEARINGS
Mayor Lowes introduced the Public Hearing on, Consideration of the proposed
expenditures of grant funds awarded by the U.S. Department of Justice for the Local
Law Enforcement Block Grants Program and funds awarded by California Senate Bill 11
to the City of Baldwin Park Police Department," and stated that this Public Hearing has
been continued to January 7, 1998.
It was moved and seconded to continue the Public Hearing on Consideration of the
proposed expenditures of grant funds awarded by the U.S. Department of Justice for the
Local Law Enforcement Block Grants Program and funds awarded by California Senate
Bill 11 to the City of Baldwin Park Police Department," to January 7,1998. MIS/C: VAN
CLEAVE/MUSE: There were no objections.
00-
REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES
Mayor Lowes declared the regular meeting of the Redevelopment Agency in joint session
with the City Council at 7:46 p.m. to consider the Economic Development Strategy for
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1997 12 17 CC MINòw @˜ } · CC MIN DEC 17 1997à›[HW 8REGULAR MEETING OF THE CITY COUNCIL PAGE 6
OF THE CITY OF BALDWIN PARK DECEMBER 17,1997
the Sierra Vista/Puente-Merced Freeway Corridor.
Director of Community Development Cervantes stated that study sessions have been held
regarding this item and Planning Technician Eduardo Schonborn will present the Staff
Report. Mr. Schonborn explained that GRC Associates and Arellano Associates were
hired in June, 1996, to complete a study of the Freeway Corridor and to assess the
potential for development opportunities throughout the corridor. He outlined the five issues
that were included in the Scope of Work, the four underlying goals, and the three
components to move forward in accomplishing those goals.
He also gave an overview of the Citywide Programs, the Commercial/Industrial Programs,
and the Affordable Housing Programs. Outreach meetings were held with many different
stakeholders in the corridor area and input from those meetings was incorporated into the
Strategy. Staff is recommending approval of the Strategy and to direct staff to move
forward.
Director Cervantes stated that the redevelopment/development of a community is an on-
going process and it is adjusted as conditions, needs and priorities arise. There are areas
where we need to re-look at some of the areas and they can be adjusted. We want to
come back with an analysis to determine the priorities. The consultants are here tonight
if there are any questions. He recommended that the data that has been prepared be
accepted by the City Council.
Director Cervantes also announced that Planning Technician Schonborn has submitted his
resignation and has accepted a position as an Assistant Planner in another city. He
expressed his sadness at losing a fine employee, but it is an opportunity for Eduardo to
move up.
Mayor pro tem Muse, pointed out that this report gives a lot of information about where we
are going to go and is to be used in conjunction with the General Plan Update. She
encouraged the audience to participate in the survey that will be in the NOW and to return
it to the City for input.
Councilman Pacheco stated that this study is a well done study and is very extensive. He
explained that this is a guideline to give us some focus. In response to Councilman
Pacheco, Director Cervantes explained that the consultanting on this survey has included
the implementation phase. That phase can be redefined as needed.
City Attorney Olivas stated that phase would have to come back on the agenda.
Tonight's action will be that the guidelines are being adopted, but there is no
implementation until there is further action.
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OF THE CITY OF BALDWIN PARK DECEMBER 17,1997
It was moved and seconded that the City Council/Agency Board of Directors approve the
Sierra Vista/Puente-Merced Freeway Corridor Economic Development Strategy and
direct staff to move forward to the implementation of the report. MIS/C: LOZANO/VAN
CLEAVE. There were no objections.
00-
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Councilman Van Cleave commented on statements that were made regarding the Council
being elected to run the City. He explained his position of this idea and how he considered
that City Staff, especially the City Manager, was here to run the City and the Council is
part time and offers direction. He thought the City has moved ahead and Carl Yeats was
responsible for that. He did agree he did not get enough information sometimes, but he
wished Council would give Carl Yeats the chance to continue.
Councilman Pacheco brought to the attention of Council the December 19th editorial
that appeared in the San Gabriel Valley Tribune that refers to rumors occurring in the City
Hall. He wanted to clarify that Mr. Carl Yeats was not put on administrative leave by the
City Council. Mr. Yeats voluntarily requested to be placed on administrative leave from
his duties as City Manager. Also, writing that former Mayor Fidel Vargas is coming back
as City Manager. Mayor Fidel Vargas is currently working on an MBA. It would be
impossible for him to come down from Cambridge to come here to work full time as a City
Manager. He felt that editorials should not assume what this council is going to do.
Councilman Lozano shared the meeting that was held with AutoNation and the
developers enthusiastism about moving this project forward, that project will continue, and
every project in the City will continue forth. He also commented on the Council as part
timers, what their responsibility to the community is, and the importance of not
relinquishing power to anyone in city hall, and what his priorities are.
Mayor Lowes commented that she felt from the comments made that it is already
apparent how the Closed Session will go tonight. She spoke of her admiration for Carl
Yeats as a City Manager, of her fear of people wanting power, her opposition to the firing
of the former City Attorney, and the hiring of the present City Attorney. Mayor Lowes
requested an itemized bill for the City Attorney's Services and related her reasons for
asking for this.
The City Attorney agreed to provide these charges directly to Council.
Councilman Lozano commented on his interpretation of hearing the term micro
managing, and how that word tells him that something is being hidden. He also
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OF THE CITY OF BALDWIN PARK DECEMBER 17,1997
commented on what he sees as power and what responsibilities there are for leaders.
He felt that the fact that he is very vocal about what he thinks the City should have,
doesn't mean micro managing and power. He also responded to questioning the hiring of
the present City Attorney and the need to show leadership and management skills.
Councilman Van Cleave stated that he hoped Council can go into Closed Session and
discuss this issue and that the decision has not already been agreed upon. He asked that
Council try to work out a program because Carl is very knowledgeable and he's done a
great job for the last five years.
Councilman Lozano commented on the areas that Council agrees and the areas they do
not. He felt that everyone here today is very, very close and they want the City to move
forward.
Councilman Pacheco commented on the other meetings that are held by the City Council
and specifically the Budget Study Session that was held on Friday. He referred to the over
50 issues that were discussed and the need to focus on the many good things discussed
at that meeting.
00-
CLOSED SESSION
City Attorney Olivas stated that there are four items for Closed Session. The First is
Public Employee Release pursuant to Government Code section 54957. He added that
this is not for cause, there are no disciplinary issues pending, there are no charges
pending. The issue before the Council will be whether to retain or release an At Will
Employee The second item will be Public Employee Appointment pursuant to
Government Code section 54957 and depending on the decision on Item A, whether to
appoint an Interim City Manager.
On the Redevelopment there is a Conference with Real Property Negotiator, address
is 4061 Sterling Way and 13600 Ramona Blvd. Negotiating parties are Telacu and Knights
of Columbus.
The City Council adjourned to a Closed Session at 8:16 p.m. for consideration of the
items described by the City Attorney.
The City Council was reconvened at 9:12 p.m. Roll Call remained the same.
The City Attorney announced that in Closed Session the Agency met pursuant to
Government Code Section 54956.8, Conference with Real Property Negotiator to discuss
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OF THE CITY OF BALDWIN PARK DECEMBER 17,1997
4061 Sterling way and 13600 Ramona Blvd. Instructions were given to Director
Cervantes on how to proceed. Any further action will have to be brought to the City
Council and the Agency Board.
The City Council also met in Closed Session to discuss dismissal of the City Manager
pursuant to Government Code Section 54957. The City Council authorized the City
Attorney to prepare a separation agreement which would include the same severance
provision contained in Mr. Yeats' contract. The Council wishes for Mr. Yeats to voluntarily
end his employment with the City. If, however, Mr. Yeats does not execute said separation
agreement by 5:00 p.m., on December 22,1997, then he is officially dismissed without
cause as City Manager subject to his contractual severance pay as 5:01 p.m., December
22,1997. He will remain on paid administrative leave until that date. In sum, the end
result will be that on December 22nd, Mr. Yeats will not be employed by the City. No
further Council action is required on this matter. The vote on this motion was: 3 affirmative
votes; the 2 No votes were Councilman Van Cleave and Mayor Lowes.
The second item, Appointment of an Interim City Manager by a vote of 3 to 2 Sid
Mousavi was so appointed. Councilman Van Cleave and Mayor Lowes voting No.
00-
Mayor Lowes adjourned the regular meeting of the City Council at 9:16 p.m. in memory
of Councilmember Van Cleave's brother Bob.
LINDA L. GAIR, CITY CLERK
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