HomeMy WebLinkAbout1998 10 07 CC MIN1998 10 07 CC MINòw @˜ ~ Ê CC 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
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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.
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1998 10 07 CC MINòw @˜ ~ Ê CC 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
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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
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1998 10 07 CC MINòw @˜ ~ Ê CC 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
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1998 10 07 CC MINòw @˜ ~ Ê CC 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.
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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.
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Mayor LOWES adjourned the Regular Session of the City Council. There were no objections.
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KATHRYN TIZCARENO, CITY CLERK
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