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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 00- 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 BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 17-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3566-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 12-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 17-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3566-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 12-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 12 17 CC MINòw @˜}· CC MIN DEC 17 1997à›[HW 8REGULAR MEETING OF THE CITY COUNCIL PAGE 3 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 BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 17-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3566-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 12-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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 BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 17-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3566-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 12-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 12 17 CC MINòw @˜}· CC MIN DEC 17 1997à›[HW 8REGULAR MEETING OF THE CITY COUNCIL PAGE 5 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 BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 17-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3566-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 12-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 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. BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 17-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3566-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 12-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 12 17 CC MINòw @˜}· CC MIN DEC 17 1997à›[HW 8REGULAR MEETING OF THE CITY COUNCIL PAGE 7 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 BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 17-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3566-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 12-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 12 17 CC MINòw @˜}· CC MIN DEC 17 1997à›[HW 8REGULAR MEETING OF THE CITY COUNCIL PAGE 8 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 BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 17-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3566-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 12-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1997 12 17 CC MINòw @˜}· CC MIN DEC 17 1997à›[HW 8REGULAR MEETING OF THE CITY COUNCIL PAGE 9 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 BIB] 37175-U01 CC-U02 MIN-U02 DEC-U02 17-U02 1997-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 FO3566-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37260-U01 1997-U02 12-U02 17-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3437-U03 DO3569-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05