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HomeMy WebLinkAbout1998 10 07 CC MIN1998 10 07 CC MINòw @˜~ÊCC MIN OCT 7 1998Yæ´YHê8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CITY HALL, 14403 EAST PACIFIC AVENUE Wednesday, October 7, 1998 The City Council met in Regular Meeting 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, Finance Director Hathaway, Chief of Police LeGarra, Dir. of Public Works Mousavi, Dir. of Rec/Community Services Nunez, and City Clerk Tizcareno 00- PRESENTATIONS Mayor LOWE S presented a Proclamation to the members of the Mighty Eighth Air Force. We proclaim October 8 through 14 to be Mighty Eighth Air Force Week. AWARDS OF MERIT Mayor LOWES presented Awards of Merit to five Baldwin Park participants of the Accordion Federation of North America: Derek Carranza, Gisele Bodtmann, Claire Luceno, Walter Luceno and Ariana Muse OATH OF OFFICE Chier of Police LE GARRA introduced the newest addition to the Police Department, Jason R. Coleman. The Oath of Office was administered by Kathryn V. Tizcareno. Councilmember LOZANO congratulated Officer Coleman. ORAL COMMUNICATIONS Helen Shaw, Public Affairs Manager for the Gas Company, stated, I support you in opposing Proposition 9 which is going to derail the electric market place. Eduardo Seta from Congressman's Martinez' office, stated if you need any help from our office, were here to help you. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 7-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3647-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 10-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 10 07 CC MINòw @˜~ÊCC MIN OCT 7 1998Yæ´YHê8REGULAR METING OF THE CITY COUNCIL PAGE 2 OF THE CITY OF BALDWIN PARK OCTOBER 7, 1998 Richard McKee, La Verne stated, I am here again to bring attention to a Closed Session Meeting you held last month regarding one of your members. Also to reinforce the Brown Act requirement that when an elected official is involved, you must have a discussion in the open. The City Attorney responded to my concerns very promptly and assured me that this was exactly what this body was going to do. Robert, from Senator Solis's office, stated, I just want to reiterate that we are here to help also. Priscilla Popick, Baldwin Park stated, I think the three members of the City Council must think most of us are completely retarded. Several months ago, Fidel Vargas called the Tribune and said he would never be City Manager in Baldwin Park. His mother said it would never pay what he wanted for money. Yet, the City Council is not going to hire or interview for City Manager until next July * when Vargas is out of school. Who do you think you are fooling? Where do you get the nerve to try to even censure Bill Van Cleave? He doesn't do what you guys do. He works for this City and he spends his money here. What do you do for the City beside just talk? I truly believe that every dog has his day. I think your days are numbered. Dan Trunco, Baldwin Park, stated, 1. Vargas has been out of here for a long time. 2. We need enough Policemen on the street. Seeing no further interest Mayor LOWES closed Oral communications. CONSENT CALENDAR Mayor LOWES asked for approval of the 11 Items on the Consent Calendar. M/S/C: LOZANO/MUSE There were no objections. REPORTS OF OFFICERS. COMMISSIONS AND COMMITTEES III. A. 1. Appointment of Commissioners Personnel Commission) Pulled for insufficient time to advertise) III. A. 2. Appointment of Commissioners Housing Commission) Councilmember PACHECO stated, I thought both were pulled off the Agenda. MIS/C: Consensus BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 7-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3647-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 10-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 10 07 CC MINòw @˜~ÊCC MIN OCT 7 1998Yæ´YHê8REGULAR METING OF THE CITY COUNCIL PAGE 3 OF THE CITY OF BALDWIN PARK OCTOBER 7, 1998 Councilmember MUSE stated, when we get the information again maybe they can tell us which of the applicants are eligible for officers 6 and 7. That is not clear. Mayor LOWE S stated, it came to my attention that our Housing Commissioners that were removed did not, at any time, receive a Notice from this City that they had been removed from Office. Some of them did not apply because they didn't know they were removed. We need to let them all know and extend an opportunity for them to re-apply. City Attorney OLIVAS stated, the publication cation for the Personnel Commissioners had to be published twice so the appointments could not be made at the next meeting. Appointments for the Housing Commissioners, however, may be made at the next meeting since we have already advertised for that. Mayor LOWES stated, we have received applications where people have put in for these Commissions, and some of them have already been appointed to Commissions recently. I think those should be noted or removed from the applications that people receive. COUNCIL/STAFF REQUESTS AND COMMUNICATIONS IV. 1. Discussion and Consideration of Censure of William Van Cleave City Attorney OLIVAS stated, you have received the investigative report by James Burke wherein several allegations by City employees concerning inappropriate acts or statements by Councilmember Van Cleave about May 18, 1998, at the property on Frazier concerning a Code Enforcement action and also a phone call to City Staff The conclusion was the actions were inappropriate and if he were an employee he would be subject to discipline. The Council has the option of either I) Censuring Mr. Van Cleave means reprimanding a person for specified conduct). 2)Pass a statement of disapproval of the acts or statements made. It is up to the Council for a decision. Councilmember VAN CLEAVE stated, first of all it started with a phone call at 9:00 a.m.(I was out of town.) The called said that Code Enforcement was giving them a big problem. I did nothing at that time. At 10:15 a.m. the next call came through. By 3:00p.m. we had eight phone calls. I was on my way home. I was flagged down to go on the property of the people who were having a problem. When I talked to Linda Gair who had a problem with this same person previously, I asked Nadja to do an investigation. I talked to the man there and he didn't like it, so I'm very sorry. I happen to speak with a loud voice. They say I speak with anger. I'm a German-Irishman with a loud voice and directly to the point. But I never talked to him again on the property that day either. I did what I was told. I did what Linda Gair asked me to do. However, Linda wouldn't even accept my phone call. I complained about how many Officers were on the property too. But six or seven Officers on a property doing Code Enforcement, it still looks like a lot to me. I was only on the property 24 minutes. I talked to Mark Dozmati on the front of the property. Ellen was upset because BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 7-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3647-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 10-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 10 07 CC MINòw @˜~ÊCC MIN OCT 7 1998Yæ´YHê8REGULAR METING OF THE CITY COUNCIL PAGE 4 OF THE CITY OF BALDWIN PARK OCTOBER 7, 1998 I used the word damn, I apologize, I'm sorry, Ellen. I use that word frequently. I'm going to have to tell people that they are going to have to go to the City Council or the Police because I can't help them anymore. I don't agree with the way we run our Code Enforcement. No other people were questioned, not even neighbors. This is a one-sided report. I don't think it is fair. Councilmember LOZANO asked for clarification, stating, there are three options here, censure, statement of disapproval or not take any type of action. Councilmem her MUSE asked Personnel Manager Nadja Cole, what would you equate this finding to if he was an employee? Personnel/Risk Manager COLE normally a verbal reprimand to commence with, which is non-formal discipline. With no prior disciplines, a verbal warning would come first, then if further behavior developed, a written reprimand would be administered. This is formal discipline and the employee has due process fights. I would equate this to a Statement of Disapproval. Councilmember VAN CLEAVE asked, would you investigate both sides of the story? The people involved who's cars were taken were not even questioned. The City has only half the story. Councilmember PACHECO stated, I think as Councilmembers we should set a good example. Councilmember LOZANO stated, I would go with the Statement of Disapproval like Nadja mentioned. Councilmember MUSE stated, as elected officials we should set a standard, showing professionalism. I would ask for a Statement of Disapproval. A motion for a Statement of Disapproval was made. M/S/C: MUSE/LOZANO Mayor LOWES stated, I read the entire report and to me it looks like everyone was doing their job as they see it. I think that Councilmember Van Cleave was also doing his job as he sees it. He represents the City. Councilmember Van Cleave, in all the years I lived in this City, I have never known a man who has done so much for this City and cared so much for the people. This man goes out every third Saturday and works for Baldwin Park and he takes 60 to 100 young people and gives them the opportunity to do community service. He doesn't get any political favors or kudos normally for doing that. More than that his entire family gives their life, their time, their money to this City. They work with him. I feel this report is very extensive and everyone of you that is in this report was doing a good job. I am very upset and I feel our City Attorney did us an injustice. It may be illegal but, it certainly was unethical for a City Attorney to turn over this report that has Police Officers quoted in it, our Staff, our Code Enforcement. He turned this over to the Press prior to our closed session meeting. I think that was very wrong and that he should be reprimanded for doing that. City Attorney OLIVAS stated, I completely disagree with you. The report was concluded, it was a matter of public record. Mr. McKee today came up and wrote us several letters stating that this BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 7-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3647-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 10-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 10 07 CC MINòw @˜~ÊCC MIN OCT 7 1998Yæ´YHê8REGULAR METING OF THE CITY COUNCIL PAGE 5 OF THE CITY OF BALDWIN PARK OCTOBER 7, 1998 whole matter should have been completely open to the public because Councilmember Van Cleave is not an employee. I take issue with your comments. I completely agree with my opinion that the record in question is a public record and any member of the public has a right to see it. I received a public records request from the Tribune. I responded. If you disagreed with this position, I would have appreciated if you would have asked me beforehand and I would have responded in writing. Mayor LOWES stated, the reason I was concerned is because this was prior to a closed session. If it had been prior to this meeting, I would have felt differently. I had to read this whole report in my office, and I wasn't allowed to remove it at all. The next thing I knew, it was all handed over to the press. City Attorney OLIVAS stated, he had already informed everyone that it was a public record. Roll Call: LOWES-No, MUSE-Yes, LOZANO-Yes, PACHECO-Yes, VAN CLEAVE-Abstain Councilmember LOZANO stated, I respect your vote, but as elected officials we are held at a higher level. This vote should not be made with a political message. IV. 2. Red Ribbon Week City Participation Chief of Police LE; GARRA stated, October 21 through 31 is Red Ribbon Week, which is done nationally. I have been asked by the school to assist by being part of sponsoring a Red Ribbon Festival which is held by the school district. They would like us to put up 300 ribbons which will entail Public Works employees and a truck. The ribbons are a symbol reminding us of the many lives lost through violence via drugs. The festival itself will be on October 24 at Morgan Park from 10:00 am. to 3:00p.m. Our DARE Officers will be there to show support. I need approval from the City Council for us to participate putting up the Ribbons. M/S/C: LOZANO/PACHECO There were no objections. Mayor LOWE S referring to the next two Items, requested for the future to get a brief report of Items put on the Agenda so we will know what it means. Consensus was that a brief report was not necessary. IV. 3. Community Foundation Councilmember PACHECO stated, we as a City are facing revenue shortages. Other communities create a Community Foundation committee to raise Rinds for a particular area of the City. It is a way to generate other revenue. I would like to direct our Finance Director to look at that and come back with a report. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 7-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3647-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 10-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 10 07 CC MINòw @˜~ÊCC MIN OCT 7 1998Yæ´YHê8REGULAR METING OF THE CITY COUNCIL PAGE 6 OF THE CITY OF BALDWIN PARK OCTOBER 7, 1998 Mayor LOWE S stated, we do have the Community Center Foundation set up already. Perhaps what you are suggesting could be worked into their bylaws. Councilmember PACHECO said, I am still requesting a report. IV. 4. College Enhancement Program Councilmember PACHECO stated, there are computer courses at Morgan Park and parents are interested in information about colleges. I would like to propose that Staff put together a Parent College Enhancement Program to teach parents how to use the Internet to garner this information. There is money to be raised from outside funding. Community Union does this already. Councilmember MUSE asked, I thought there was a program in place already? Maybe Mr. Ortega can give some insight because I didn't think staff would be involved. Mayor LOWES stated, we have just had budget cuts and staff cuts. We keep giving our staff extra jobs to do like this. This is a school district situation not for the City. Our staff has more than enough to do. I object to having staff doing this. Let Community Union put that together, not our staff. Councilmember MUSE spoke about the Fresh-Rate program that offers assistance for Home Buyers. They put together flyers for residents. Also there is a lender in West Covina that helps. Councilmember LOZANO asked Chief of Police LeGarra for a report as to the amount of Megan Law offenders we have in the area. Chief of Police LE GARRA stated that Detective Hullar can give you that report at the next Council Meeting. Mayor LOWES asked, are we contracting street sweeping or doing our own? Public Works Director MOUSAVI stated, both our employees and contracted sweepers for parking lots and other places that are hard for our machinery to fit. Councilmember VAN CLEAVE stated, we have a problem at school shes on whose responsibility it is. Public Works Director MOUSAVI said, it is always a problem. The schools are supposed to sweep but we have to call to remind them when residents call and complain to us. City Attorney OLIVAS stated, I purchased tickets for an Ice Hockey game and I would like to give them to Director of Recreation/Community Services Ralph Nunez for children in the City. BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 7-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3647-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 10-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 10 07 CC MINòw @˜~ÊCC MIN OCT 7 1998Yæ´YHê8REGULAR METING OF THE CITY COUNCIL PAGE 7 OF THE CITY OF BALDWJN PARK OCTOBER 7, 1998 Mayor LOWES adjourned the Regular Session of the City Council. There were no objections. 00- KATHRYN TIZCARENO, CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 OCT-U02 7-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3647-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 10-U02 07-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3648-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05