HomeMy WebLinkAbout1998 04 15 CC MIN1998 04 15 CC MINòw @˜ CC MIN APR 15 1998â›[Hn8 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC
AVENUE, WEDNESDAY, APRIL 15,1998
The City Council met in a regular meeting
in the Council Chambers at 7:00 p.m.
ROLL CALL PRESENT: COUNCIL MEMBERS LOZANO, MUSE,
PACHECO, VAN CLEAVE, AND MAYOR LOWES
ALSO PRESENT: City Attorney Olivas,
Interim City Manager Mousavi,
Acting Chief of Police Kies,
Interim Finance Director Holmes,
Dir. of Community Development Cervantes,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro, and
City Clerk Gair
00-
ORAL COMMUNICATIONS
Mayor Lowes declared Oral Communications open and invited those wishing to speak on any
subject to come forward.
Monica Martin, a business owner, and her daughter, spoke about the dangerous corner at Badillo
Avenue and Ramona Boulevard and the death that occurred at the corner this week. This is the
second accident at that site and the impact of those accidents is unbelievable. She asked for some
kind of change at that corner.
Leticia Pacillas, Chamber of Commerce, announced that on April 27 the Chamber of Commerce and
the Baldwin Park Unified School District will hold a breakfast and a State of the District program
at 7 a.m. at the Performing Arts Center on Maine Avenue. An address and update will given by the
Board President Jean Carpenter.
Mary Ferrer, Baldwin Park, Commissioner for the Recreation/Community Services Commission,
told of the exciting meeting the commission held and the good work that is being done by this
commission on. An area of need is with the teenagers. The commission will visit three different teen
sites in hopes of being able to develop a center for the kids. She addressed also, the issue of the areas
of redevelopment and the same developers always building in the City. She would like to see that
other developers are researched to build in the City.
Dan Trunco, Baldwin Park, spoke regarding the inspections that the county health inspectors do
and the City wanting to get their own inspectors. He felt this did not make sense.
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1998 04 15 CC MINòw @˜ CC MIN APR 15 1998â›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE 2
OF THE CITY OF BALDWIN PARK APRIL 15, 1998
Jeanette Vazquez, Field Representative for Assemblyman Gallegos, announces the Grand Opening
of their new office on May 1 Everyone is invited along with the many Chambers of Commerce in
the area. This will be held from 5-7 p.m.
Don Cook, Baldwin Park, missed the last two meetings and had heard what was being said about his
development company. He wanted to respond to some of the things that were said. He gave some
history of his background in the marines, and the rehabing, building and other things in the City that
he does. He decided that the town was unique and he started building here in the City. He likes to
build because he lives here and he does not like to commute so he likes to work in the community.
There are outside builders, but as a local person he also hires local subcontractors. His projects go
through the required process like everyone else.
Levi Richard, Baldwin Park, spoke regarding the All American Cities participation and encouraged
the City Council to consider going to this event again. He told of the things that he felt were gained
from attendance at that event. He also was concerned about the grade ratings on the cafes and he
wants to see A" ratings on all our cafes. The cooks need to know about the preparation of the food
and they should share responsibility. He was concerned too, on the cost of the trash pickup, because
there is not room for all the disposable materials and because of the rising costs.
Martin Ganges, Baldwin Park, spoke regarding the lack of communication among the ranks of the
police department. He told of his experience in getting direction from a police officer in charge about
what the rules were to stage a protest of a business. He complied with the rules and on the sixth day
two officers stopped him from protesting, but could not tell him what law he was violating. He
asked what their procedure would be and they said they would document talking to him. He
explained the series of communication that he went through and observed that there should be a
pamphlet regarding protesting procedures. He was concerned about going back to protest because
he has been told that he would be arrested. He was protesting medical discrimination by Denny's
Restaurant and his termination from his job.
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 April 15, 1998
2. Approve Minutes:
Regular Meeting April 1, 1998
Study Session April 1, 1998
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1998 04 15 CC MINòw @˜ CC MIN APR 15 1998â›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE 3
OF THE CITY OF BALDWIN PARK APRIL 15, 1998
3. Waive Further Reading and Adopt
RESOLUTION NO.98-27 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
Warrants to Mr. Bill's hardware Financial
Conflict of Interest Council Member Van Cleave
Abstains)
4. Receive and File Treasurer's Report
March 31,1998
5. Waive Further Reading and Adopt
ORDINANCE NO.1130- AMENDING BALDWIN PARK CODE OF
Second Reading) ORDINANCES SECTION 34.06, THEREBY,
REVISING THE BUDGET AMENDMENT
PROCEDURES
6. Deny Claim Against the City
Darryn K. Hardy-97 011A
7, Waive Further Reading and Adopt
RESOLUTION NO. 98-28- ADOPTION OF OFFICE OF EMERGENCY
SERVICES FORM 130
8. Waive Further Reading and Adopt
RESOLUTION NO.98-29- APPOINT SPECIFIC REPRESENTATIVES TO
THE INDEPENDENT CITIES RISK
MANAGEMENT AUTHORITY
9. Approve Award of Contract Design of Improvements on Various Residential
Streets FY 1998-99 Gas Tax Funds CIP 803B AAE Consultants ants
10. Approve Award of Contract Design of Improvements Various Residential
Streets Utilizing FY 1998-99 Gas Tax Funds CIP 803C Dewan, Lundin and
Associates
11. Waive Further Reading and Adopt
RESOLUTION NO.98-30- APPROVING ENGINEER'S REPORT
PROPOSED ASSESSMENT DISTRICT NO.
98-1 AND SETTING A TIME AND PLACE
FOR A PUBLIC HEARING REGARDING THE
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1998 04 15 CC MINòw @˜ CC MIN APR 15 1998â›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE 4
OF THE CITY OF BALDWIN PARK APRIL 15, 1998
PROPOSED IMPROVEMENTS BELGATE
STREET)
12 Authorize Engineering Staff to Complete Design of Traffic Signal Walnut
Avenue and Los Angeles Street CIP 815
It was moved and seconded to approve the Consent Calendar as presented. M/S/C:
LOZANO/MUSE. There were no objections.
00-
PUBLIC HEARING
Mayor Lowes introduced the Public Hearing pertaining to Granting County Health Officers
the Authority to Post Letter Grade Cards and Inspection Cards in Food Establishments."
Assistant to the City Manager Roessler stated at the March 18th City Council meeting, Council
requested information regarding the food handlers certification courses. A Certified Food Handler
is an owner, operator or any other person at 18) years of age who has attended an approved
Certified Food Handlers course and has successfully passed the certifying examination approved by
the Los Angeles County Department of Health Services. On January 16, 1999, all food service
operations in Los Angeles County which prepare any potentially hazardous food on the premises must
have at least one Certified Food Handler present during hours of operation. The Certified Food
Handler's courses will create a fiscal impact to food establishments. Classes range from $120 per
person to $165 per person. Group rates are available and some courses offer on-site training. Staff
recommended approval following the Public Rearing.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak pertaining to
the Posting of Letter Grade Cards and Inspection Cards in Food Establishments to come
forward. There were none.
Mayor Lowes declared the Public Hearing closed.
In response to Council questions, staff responded that announcements were given to all restaurant
owners and that the portion of the ordinance concerning a trained food handler being present was
deleted. Council Members discussed the need for the county to be flexible if the trained personnel
were to be out sick and the county held an inspection, and that the county should be the ones doing
the posting of the grade cards. Mr. Roessler also responded that the county is trying to create a
more flexible method in reinspecting restaurants for a grade change, because at this time there is a
lengthy wait from the first inspection that generates a low rating and an inspection to have a new
evaluation.
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1998 04 15 CC MINòw @˜ CC MIN APR 15 1998â›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE 5
OF THE CITY OF BALDWIN PARK APRIL 15, 1998
The City of West Covina is not making a decision until the county makes up their minds about the
inspections that clear a bad rating. It had even been indicated that it could take six months for a C
grade to be upgraded. Council concurred that a vote on this should be delayed until the county irons
out all the problems.
It was moved and seconded to postpone action on Posting Letter Grade Cards in Food
Establishments until the County has fixed their rules in the areas that Council expressed their
concern. M/S/C: MUSE/LOWES. There were no objections.
00-
REPORTS OF OFFICERS/ COMMISSIONS, AND COMMITTEES
Finance Director Holmes stated that David M. Griffith & Associates MG) previously provided
the service to file the City's SB 90 reimbursement claims for state-mandated costs. It was
requested that further research be conducted to determine if any other consultants were available to
provide this service. David Wellhouse & Associates, Inc. submitted a proposal to provide the
services for a fixed fee of $6,500. The DMG and David Wellhouse proposals appear equivalent,
but the Wellhouse proposal would provide the same service for a reduced cost.
The reimbursement claims are for the mandated costs of providing such items as treasurer's report,
absentee ballots, business license reports, council and commission agendas, training of police officers
just to mention a few of the covered costs. The proposal is for Wellhouse to file a claim for
reimbursement for 1997-98. Wellhouse will review the feasibility of filing a late claim for 1996-97,
since the City did not file for last fiscal year. The revenues from these claims would be received by
the City in 1998-99. For 1995-96 DMG was successful in claiming over $26,000 in reimbursement
of general fund revenues. It was recommended that Council approve the agreement with David
Wellhouse & Associates.
Council asked concerning this type of report being prepared in-house and Ms. Holmes explained that
there actually is no fee to this and the reimbursement to the City is $26,000. The SB 90 laws are
very complex, there actually is no cost and the staff is involved in the process. She also outlined
some of the costs that are considered in order to have the mandated funds returned to the City.
Council requested that a cost factor be given to them and for staff to look into conducting this type
of work internally.
It was moved and seconded to approve the David Wellhouse & Associates agreement in concept
and bring back on the Consent Calendar to authorize the Mayor to execute the agreement.
M/S/C: VAN CLEAVE/MUSE. Councilman Pacheco was opposed.
City Attorney Olivas requested approval to amend the title and duties of the City Manager. The
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1998 04 15 CC MINòw @˜ CC MIN APR 15 1998â›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE 6
OF THE CITY OF BALDWIN PARK APRIL 15, 1998
duties of the Chief Executive Officer CEO) will serve as facilitator in the day to day operations of
city government, directly interceding only where conflict or other causes prevent the efficient
operations of the Executive Team E-Team;" to bring to the attention of the council problem areas
which require council intervention; to evaluate department heads on behalf of the council and provide
guidance and assistance as needed. The position of CEO will serve directly under the supervision
and control of the Council in a purely at will, administrative capacity. The duties were outlined in
the ordinance.
City Attorney stated that this is a blended form of government that will allow for a free flow of ideas
and commitment to the Council. The Council will be informed of all ideas as they are forwarded to
the City Council. The CEO is intended to serve as a facilitator and to intervene in certain conditions.
The hiring of all department heads/mid-management will be done with Council approval and Council
will be apprised of the part time and full time hires. He briefly outlined the remainder of the ordinance
and explained the direction he believed he had been given in developing the ordinance. Re also stated
that Council could add the provision that the department heads and mid-management are to be
approved by the City Council. The ordinance was recommended for approval.
Council discussed the ordinance and offered the following suggestions:
1) CEO conduct the department head evaluation and they be shared with the Council to
review and concur.
2) For the Council to be informed what the liabilities are if Council looks at the
evaluations.
3) Write into the ordinance that the Council has the authority to hire/fire and to review
evaluations upon completion.
4) To add into the ordinance that the CEO serves as the chief spokesperson and contact
for the media. Mayor Lowes voiced opposition to this.
5) If the CEO is contacted to let the Council know and keep the Council informed.
6) Rephrase when the CEO is contacted by the media that he/she is the one that gives
the City's official message and that the Council is always informed.
7) CEO is the spokesperson on a case by case basis, the Council is not prohibited from
speaking to the press.
8) City Council has the authority to ratify the hiring of department heads and to assist
in certain positions to be ratified by the City Council and receive a listing of the personnel
hiring/firing/disciplines and promotions in a report on a timely basis.
9) Incorporate the idea of cultivating mid-management positions and getting mid-
management more involved.
Council concurred by unanimous consent the title for this position be Chief Executive
Officer."
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1998 04 15 CC MINòw @˜ CC MIN APR 15 1998â›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE 7
OF THE CITY OF BALDWIN PARK APRIL 15, 1998
Mayor Lowes requested that on page 1, paragraph 5, that too often in the past issues of
importance have not been timely communicated," be deleted from the ordinance because this has
already been emphasized Discussion was held expressing the opinion of each Council Member and
the reasons that they felt this was needed or not needed and if it was necessary to be included in the
ordinance
It was moved and seconded to delete and that too often in the past issues of importance have not
been timely communicated" on page 1, paragraph 5. M'S. LOWES/MUSE.
ROLL CALL VOTE:
AYES: MAYOR LOWES. MUSE. VAN CLEAVE
NOES: LOZANO. PACHECO
ABSTAIN: NONE
ABSENT NONE
MOTION CARRIED
Mayor Lowes also requested that Section 3' The CEO shall conduct personnel evaluations of all
department heads at a minimum of an annual basis on behalf of the City Council, the CEO shall also
be responsible for the administration of the personnel division" be amended to add that The CEO
shall designate a qualified officer or employee of the City to act as personnel officer." City Attorney
Olivas commented that the line is taken from the City's personnel rules and procedures. Nadja Cole
at this time is the personnel officer. Previously the personnel manager reported to the Director of
Administrative Services and now they would report to the City Manager and this would make sense.
Council concurred by unanimous consent.
Mayor Lowes also requested that the statement The CEO shall facilitate and monitor each
department in the preparation and submittal to the Council of the itemized annual estimates of
expenditures required by any of the departments for capital outlay, salaries, wages, miscellaneous
operating costs, to insure and facilitate the presentation of a preliminary consolidated municipal
budget and assure the submittal of the same to the Council before the 15th of June each year with
such recommendation as to such changes that he or she deems advisable," be added to Section 3103
of the Duties of the CEO. Council concurred by unanimous consent.
Mayor Lowes requested the addition of the CEO shall monitor the administration of the budget
by each of the departments after its final adoption and keep the Council informed with respect there
to." This will make the CEO responsible for overseeing the budget, presenting the budget and then
responsible for keeping the Council informed. Council concurred by unanimous consent.
Mayor Lowes requested the addition of" The CEO shall monitor and inform the Council of the
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OF THE CITY OF BALDWIN PARK APRIL 15, 1998
expenditures of all departments, divisions or services of the city government and to appoint a
purchasing agent upon Council confirmation for the purchase of all supplies, goods, wares,
merchandise, equipment and materials which may be required for any of such departments, divisions
or services." Council concurred by unanimous consent.
Council also expressed concern about the position of the Director of Emergency Operations in the
event of a disaster not being named. Council questioned what the correct procedure should be in
this matter. After discussion of the duties of that position in an emergency the Council determined
that the Director of Emergency Operations should be the CEO and the Deputy Director would
be the Chief of Police. Council concurred by unanimous consent.
It was moved and seconded to Introduce Ordinance No.1132, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING
BALDWIN PARK CODE OF ORDINANCES SECTION 31.01 et seq., BY DELETING
PROVISIONS FOR CITY MANAGER AND ADDING PROVISIONS FOR CHIEF
EXECUTIVE OFFICER," for first reading, with amendments as presented, to be read in title
only and all other readings be waived. M/S/C: MUSE/VAN CLEAVE. There were no objections.
Assistant to the City Manager Roessler requested direction on the future of the 1998 All-American
City project. There have been 130 letters to both consultants used in the past by the City and the
Chamber of Commerce members and soliciting sponsorships for the event. To date, approximately
$3,550 has been committed. If Baldwin Park is not a finalist, all funds will be reimbursed to the
appropriate agencies. Sending a team of delegates to Alabama will cost between $40,000 to $60,000,
depending on the number of people sent. Currently there is approximately $18,000 remaining which
was budgeted during the last budget process for the All-American City competition. If Baldwin Park
is chosen as a finalist, airfare and hotel accommodations should be confirmed immediately. Staff
recommended approval.
Council discussed the possibility of more donations being received and the importance of the City
doing all that can be done to be able to go. They felt that the benefits are great for the City and that
delegates in Washington D.C. recognized the City pin and the work the city representatives had done
in Missouri. Some Council Members expressed their concern in light of the budget about going this
year and possibly waiting until next year. Other Council Members wanted to see a greater effort in
raising the money and made creative suggestions as to where the funding might come from.
Council directed staff to go forward with seeking donations and wait to see if the City is invited this
year and the number that attend could be adjusted from there.
It was moved and seconded to approve 1) staff proceed immediately with making arrangements
for the trip; 2) that not more than 50 Baldwin Park delegates attend TO BE DETERMINED
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1998 04 15 CC MINòw @˜ CC MIN APR 15 1998â›[Hn 8REGULAR MEETING OF THE CITY COUNCIL PAGE 9
OF THE CITY OF BALDWIN PARK APRIL 15, 1998
BY THE BUDGET; and 3) staff obtain donations and continue fundraising for the trip
expenses and if adequate funds are not available, City funds be utilized subject to Council's
authorization at a future meeting. M/S: LOWES/VAN CLEAVE.
ROLL CALL VOTE:
AYES: MAYOR LOWES, VAN CLEAVE, MUSE
NOES: LOZANO, PACHECO
ABSTAIN: NONE
ABSENT: NONE
MOTION CARRIED
Interim City Manager Mousavi requested approval to award a contract to Sid Mousavi for
services as a contract Director of Public Works. The responsibilities would include public works
administration, and city engineering services; attendance at City Council meetings and other
meetings as required; administrative direction for maintenance operations; as well as, consultation
on redevelopment, traffic and construction engineering. It is proposed that the hours of work be
reduced from forty hours per week to thirty hours per week and compensation be modified to an
hourly rate of $71 per hour which is equivalent to the hourly rate plus a dollar value of the benefits
earned by the current full time position. Benefits such as PERS retirement, accrual of time for sick
and vacation leaves, administrative leave, holiday bank, car allowance, medical and other insurances
are no longer required. The City will not have any obligation for severance pay. By utilizing a
contract Director of Public Works, the City will realize payroll savings of $36,920 annually. It was
recommended for approval indicating the date for April 15, the date can be changed along with all
the requirements for insurance for one week from today if the Council so desires.
In response to Council questions, Interim City Manager Mousavi explained that in Capital
Improvement Projects a consultant is paid at a fixed rate, the he would go through the RFP process,
and there are fees that the City would be saving money on. He also explained how working only
thirty hours with no benefits equals out to the time that he would be on the job when you take away
the vacations, sick leave, and etc. He stated that he would receive 10% of the construction costs on
projects and this percentage is less than what the City is already paying.
Council discussed this and Council Member Van Cleave and Mayor Lowes expressed their concern
that: 1) this was not going to save money; 2) the Public Works Director should be here 40 hours
a week; 3) the City had a contract Public Works firm in the past and it was costly and did not work
to the City's advantage; and 4) this process will be disruptive. The three other Council Members
discussed the positive aspects of a contract Public Works Director and felt that this could be done
for six months and if it wasn't working it could be changed. They felt that City Manager Mousavi
was creative and an entrepreneur and did excellent work to be able to make this a positive for the
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 10
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City. Council also discussed whether this would be a conflict of interest and City Attorney Olivas
stated that the final approval of all bids rests with the Council and not the Director of Public Works.
Councilman Van Cleave made a motion to put the position of a contract Director of Public
Works out to a bid process, and wait for the Chief Executive Officer. MOTION DIED for lack
of a second.
It was moved and seconded to deny the agreement with Sid Jalal Mousavi for services as
contract Director of Public Works effective April 15, 1998. M'S: LOWES/VAN CLEAVE.
ROLL CALL VOTE:
AYES: MAYOR LOWES AND VAN CLEAVE
NOES: LOZANO. MUSE AND PACHECO
ABSTAIN: NONE
ABSENT: NONE
MOTION DID NOT CARRY
It was moved and seconded to continue the contract with Sid Jalal Mousavi for services as
contract Director of Public Works to the next meeting and for Council to receive the numbers
relating to what kind of cost savings that this concept would have generated during last year.
M/S/C: PACHECO/LOWES. There were no objections.
00-
It was agreed that Councilman Pacheco and Mayor Lowes would attend the meeting with the
auditors on April 20. This meeting is not open to the public because it is not public record at this
point and three Council members can not attend at one time.
Councilwoman Muse requested: 1) a letter of support for alternative fuel programs; and 2)
cleaning the graffiti from the wall by Jones School and the Metrolink more often.
Mayor pro tem Lozano commended the Council for having an ordinance creating a Chief
Executive Officer. The E-Team concept has opened a lot of eyes and this incorporation of the CEO
represents the future of innovative government. There will now be a participation in an organization
of management, and in the goals and objectives. This will make our City unique by taking risks and
changing government. By the Council coming to this conclusion they will bring a whole new concept
to City government.
Councilman Pacheco commented on the Tribune reporting on Covina receiving the economic
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1998 04 15 CC MINòw @˜ CC MIN APR 15 1998â›[Hn8REGULAR MEETING OF THE CITY COUNCIL PAGE 11
OF THE CITY OF BALDWIN PARK APRIL 15, 1998
development award, and that he was concerned about our City working with the businesses, and
about the Autonation project and the Towne Center. Council needs to meet and expedite those
projects. Council discussed this and decided on a written report at this time rather than an extra
meeting.
Councilwoman Muse invited everyone to plan to attend the Family Counseling Services of San
Gabriel Valley on June 29, at Almansor Court for their annual dinner where Officer Rudy Hernandez
will be honored as Man of the Year".
Interim City Manager Mousavi stated that after the Closed Session tonight he will not be Interim
City Manager any more and he thanked the Council for this opportunity to serve and he stated he had
learned a lot.
00-
The regular meeting of the City Council recessed at 9:55 p.m.
The regular meeting of the City Council reconvened at 10:09 p.m. Roll call remained the same.
00-
CLOSED SESSION
The City Council adjourned to a Closed Session at 10:09 to consider Conference With Legal
Counsel, Anticipated Litigation, Significant exposure to litigation pursuant to Section 54956.9(b):
One Case; and Public Employee Appointment, Title: Interim City Manager, pursuant to Government
Code 54957.
The City Council reconvened at 11:34 p.m. Roll Call remained the same.
The City Attorney stated that in Closed Session the council discussed the items as indicated and on
the matter of Anticipated Litigation, direction was given to staff and no action was taken. On the
matter of the Appointment of an Interim City Manager that the City Council by a 3-2 vote
appointed Dr. William Kraus as the Interim City Manager. Those voting in favor of Dr. Kraus
were Lozano/Muse/Pacheco and those opposed to Dr. Kraus were Van Cleave/Lowes.
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Mayor Lowes adjourned the regular meeting of the City Council at 11:35 p.m. There were no
objections.
CITY CLERK
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