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Home My WebLink About1998 11 18 CC MIN1998 11 18 CC MINòw @˜G CC MIN NOV 18 1998â›[H! 8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CITY HALL, 14403 EAST PACIFIC AVENUE Wednesday, November 18, 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 Chief of Police LeGarra Director of Finance Hathaway Director of Public Works Mousavi Director of Rec/Community Services Nunez Director of Community Development Cervantes City Clerk Tizcareno 00- PRESENTATIONS Mayor LOWES presented a proclamation for Family Literacy Month to Mrs. Jean Nelson stating that November be designated as Family Literacy Month in Baldwin Park. ORAL COMMUNICATIONS Roy Test, Baldwin Park, appreciated the proclamation for the Mighty Bath Air force Week Linda Gair, Baldwin Park, commented on the election procedures. She stated, I have a question on the nomination papers that are being issued in a confidential nature. What I'd like to point out, is that people are able to pull papers to run for office with the public not knowing. There is a process that is being overlooked in Government Code Section 6255. It says there is a requirement that the City must justify withholding any records and that you have to demonstrate that the record in question is exempt under express provisions of the Government Code. The City must show that on the facts of the particular case, the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. I would like to know what provision of the Government Code supports that it is better for us as residents to not know who is thinking of seeking office in our City than it is better for us to know that BIB] 37175-U01 CC-U02 MIN-U02 NOV-U02 18-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3886-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 11-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 11 18 CC MINòw @˜G CC MIN NOV 18 1998â›[H! 8REGULAR MEETING OF THE CITY COUNCIL PAGE 2 OF THE CITY OF BALDWIN PARK NOVEMBER 18, 1998 information. I would like to ask the City Clerk or City Attorney to provide those specific provisions of the Code to the Tribune so that we can understand what is being done in allowing the confidentiality of pulling papers that it is proper and it is in the best interest of the citizens. Blanca Soils, Baldwin Park, stated, I recently applied for a position as Personnel Assistant with the City of Baldwin Park. Along with my application I submitted my resume and several outstanding references. I read the job description carefully and I believe my experience exceeds the qualifications required to fill the open position. None the less, last week I received a letter from your personnel office stating that I was not qualified. I am concerned about this. why am I not being considered for a position that requires less skill than what was required of me for over ten years as Administrative Assistant in the Executive Offices of major corporations. I am concerned that my application may have been rejected for reasons other than the specific job qualifications and I want to bring that to your attention since it is quite possible that actions of your employees do not reflect your best intentions. Conrado Magdaleno, Baldwin Park, stated, I recently read in the Tribune that Central Park West is almost complete and will soon be open. I really wish that the name of this Park can be changed. I am sure we have many people in Baldwin Park that we can honor. Central is not really the right name because the Park is not in the center ofthe City. Richard Tatum, Baldwin Park, stated, according to the paper, Mr. Cervantes is overloaded. In other cities, the Code Enforcement is under the auspices of the Police Department. They work quite closely together with evidence, towing cars and such. That might be something to ponder. Also, we are talking about hiring more people. WI recall we got rid of people and I posed the question, where is the savings? The savings is going out the window. On another matter, a number of us have asked about traffic control stop signs and were told that stop signs do not slow traffic. Therefore, why don't we just remove all stop signs in Baldwin Park? Edward Chavez, from Congressman Martinez's 6ffice, thanked everyone for the Veteran's Day Celebration. Emily Loeb, Baldwin Park, stated, accusations flew in all directions over the allegations of election tampering. Individuals accused were hurt and reputations were damaged. Hurt, too, was the City of Baldwin Park. Instead of banner headlines depicting a City on the rise with crime down, improved school statistics, outstanding youth services and exciting redevelopment plans looming on the horizon, Baldwin Park was raked through the mud as an uneducated City mired in petty infighting and corrupt politicking. BIB] 37175-U01 CC-U02 MIN-U02 NOV-U02 18-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3886-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 11-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 11 18 CC MINòw @˜G CC MIN NOV 18 1998â›[H! 8Z REGULAR MEETING OF THE CITY COUNCIL PAGE 3 OF THE CITY OF BALDWIN PARK NOVEMBER 18, 1998 I began to investigate myself We will never know objectively what really happened in the election under question. The reason we will never know is because the election process in this City is flawed at its core. The City Clerk, an elected position, and the political figure in City politics, who runs all Municipal Elections including his/her own, accuses the Campaign Committee of a long time adversary of ballot fraud. The District Attorney's Office investigates and concludes, yes, there was fraud but the source of the fraud cannot be determined because the City Clerk had as much motivation of producing false evidence as the Campaign Committee had in creating false ballot applications. To these two individuals the mater may have been very personal but for the voters of Baldwin Park the issue is extremely political. We need and must demand open, free and fair elections at any financial cost. The present system cannot continue where prominent political figures and candidates are allowed to control the election and count ballots. Regardless of the individual in the position, Municipal Elections run by the City Clerk's office, even when that City Clerk is a candidate in the election, is corrupt at its core. It's surprising that such accusations have not hit the headlines in previous years. Despite many years of political labor and community activism I have never heard of a protocol where candidates are allowed to run the elections except under the most corrupted circumstances and while. that candidate that is under question was not the City Clerk's position rather a council seat, the City Clerk as an elected official is so entrenched in the electoral process and the adversarial nature of the process that objectivity is impossible. So was it the City Clerk or the Campaign Committee that produced the fraudulent document? According to the District Attorney's Office, because of the adversarial relationship fostered by the electoral process and the bias of all involved, culpability is unprovable and ballot fraud goes unpunished. Where do we go from here? Old guards will cry to keep the system the same. Perhaps it lends them the control they might desire for future elections so long as their candidates fill the key position that run elections. Never again should this City be mired in unprovable accusations. For an election to be incorruptible, it must be unbiased. A biased position is not reliable. Long standing rivals cannot be worthy accusers whether they are correct in their accusations or not. By placing the elections in the hands of the Registrar/Recorder or a private, outside firm, we take the fox out of the chicken coop and begin the process at restoring trust in the electoral process. I urge you all to support the Resolution on Ballot procedures and to pave the way to honest and accountable election hearings in the future. Maureen Popick, Baldwin Park, said, in reference to what Ms. Loeb said, Linda Gair is one of the more honorable people she will ever meet in her life. If Manuel Lozano is so innocent in everything else, he would have no problem going with the handwriting expert or anything else they asked him to do. He would not have copped an attitude trying to blame everything on Ms. Gair. She, in over BIB] 37175-U01 CC-U02 MIN-U02 NOV-U02 18-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3886-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 11-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 11 18 CC MINòw @˜G CC MIN NOV 18 1998â›[H! 8REGULAR MEETING OF THE CITY COUNCIL PAGE 4 OF THE CITY OF BALDWIN PARK NOVEMBER 18, 1998 30 years since I have known her, has never been corrupt or would have done anything that would have been biased in any way. If you are so innocent, Mr. Lozano, then do what you are asked. Councilmember LOZANO, stated, if you want a copy of the District Attorney's report, ask me and I will give it to you. Seeing no further interest, Mayor LOWES declared Oral Communications closed. CONSENT CALENDAR Councilmember LOZANO asked to have Item No.13 pulled for discussion. Mayor LOWES asked for approval of the Consent Calendar Item Numbers I through 12 and 14. M'S/C: MUSE/PACHECO There were no objections. fl. 13. Authorize Finance Department to publish a request for proposals for a new voice mail system and upgrade or existing telephone system. Councilmember LOZANO stated, he wanted to establish a subcommittee to review the proposals before a decision is made. Councilmembers Lozano and Van Cleave were appointed to the subcommittee. MIS/C: LOZANO/MUSE PUBLIC HEARING III. A. Consideration of the establishment of an increase in certain fees and charges for issuance, processing and filing of various City services and permits. Chief of Police LE GARRA presented the report to the City Council. He stated that Staff recommends the City Council conduct the Public Hearing and adopt an amendment to Resolution 98- 75 modify and establishing certain fees to be incorporated within the Fee Resolution and Schedule. Mayor LOWES opened the Public Hearing. Seeing no interest, Mayor LOWE S closed the Public Hearing. BIB] 37175-U01 CC-U02 MIN-U02 NOV-U02 18-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3886-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 11-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 11 18 CC MINòw @˜G CC MIN NOV 18 1998â›[H! 8REGULAR MEETING OF THE CITY COUNCIL PAGE 5 OF THE CITY OF BALDWIN PARK NOVEMBER 18, 1998 Mayor LOWES asked for a motion to approve the amendment of Resolution Number 98-75 modifying and establishing that certain fees be incorporated within the Schedule of Fees and Charges. M'S/C: MUSE/LOZANO There were no objections. REPORTS OF OFFICERS. COMMISSIONS AND COMMITTEES Mayor LOWES opened the Joint City Council/Redevelopment Agency IV. A. I. Approval of Creation of Redevelopment Agency Positions 1) Resolution No.98-93) Amending Resolution No.98-65 Classification Plan Personnel/Risk Manager COLE, presented the report to City Council and the Redevelopment Agency. Ms. Cole stated that the purpose was to request approval of the City Council to adopt the amended Classification Plan and Salary Plan to add new redevelopment positions and by motion to authorize recruitment of these positions. Mayor LOWES asked for a motion to approve and adopt Resolution No.98-93 amending the City's Classification Plan with Option No.3 which is to hire the individuals as regular classified employees creating job specifications and salary ranges. We would also create a separate Redevelopment Family of positions with only these two position titles within the family. This would allow the City to eliminate the positions, if economically keeping them were no longer feasible and having no impact on any other current City employee. MIS/C: MUSE/LOZANO Objections. Councilmember VAN CLEAVE questioned the benefits of the different options and costs involved. Personnel/Risk Manager COLE explained why Option 3 would be more feasible. She also advised that these are brand new positions, not ones that had been frozen at one time. Councilmember LOZANO clarified that the money comes from the Redevelopment Fund specifically for these positions. It could not be used for any other reason like giving raises to employees. It is restricted money. I think we should put a clause. in here saying that if these individuals do not produce as required by a specified time, they will no longer have the actual jobs. I think that would bring in a much more competitive person. I would like to entertain a motion. BIB] 37175-U01 CC-U02 MIN-U02 NOV-U02 18-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3886-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 11-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 11 18 CC MINòw @˜G CC MIN NOV 18 1998â›[H! 8Z REGULAR MEETING OF THE CITY COUNCIL PAGE 6 OF THE CITY OF BALDWIN PARK NOVEMBER 18, 1998 Ron Cano, Consultant, offered to assist in hiring the extra people but since our contract with him is completed we would have to hire him again at his hourly rate. Mayor LOWE S stated, the timing is wrong. We should get a CEO and he/she would be involved in a decision to hire new people. Councilmember PACHECO said, the timing is right. Once we get new projects in Baldwin Park, we will be able to raise revenues and get more sales tax. Roll Call: PACHECO-yes II LOZANO 0-Yes II LOWES-No 1/ MUSE-Yes VAN CLEAVE-No IV. A. I. Approval of Creation of Redevelopment Agency Positions 2) Resolution No.98-94) Amending Resolution No.98-66 Basic Salary Plan Mayor LOWES called for a motion to accept. MIS/C: MUSE/LOZANO Roll Call: PACHECO-yes II LOZANO-yes II LOWES-no 1/ MUSE-yes II VAN CLEAVE-no IV. A. 1. Approval of Creation of Redevelopment Agency Positions 3) Authorize by motion the recruitment of these positions MIS/C: MUSE/PACHECO Roll Call: PACHECO-yes II LOZANO-yes II LOWES-no I/MUSE-yes II VAN CLEAVE-no COUNCIL/STAFF REQUESTS AND COMMUNICATIONS V.1. Update on Crime Statistics in the City Chief or Police LE GARRA presented the report to the City Council. He was pleased to report that crime was down almost 2% since the beginning of the year. BIB] 37175-U01 CC-U02 MIN-U02 NOV-U02 18-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3886-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 11-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 11 18 CC MINòw @˜G CC MIN NOV 18 1998â›[H! 8REGULAR MEETING OF THE CITY COUNCIL PAGE 7 OF THE CITY OF BALDWIN PARK NOVEMBER 18, 1998 V.2. Election Procedures Resolution No. 98-95 Councilmember LOZANO read: A Resolution of the City Council of the City of Baldwin Park adopting procedures for the conduct of Municipal Elections. Whereas, Baldwin Park Municipal elections have been the subject of investigation by the Los Angeles County District Attorney's office in which fraudulent activities have been determined. Whereas, such allegations impact unfavorably on the Baldwin Park City Council, its members, as well as the City as a whole Whereas, it is essential to have accountable City Council free from election fraud, or the appearance of election fraud Whereas, the citizens of Baldwin Park require a truly representative leadership and accountability on the part of that leadership. Whereas, the citizens of Baldwin Park require a democratic electoral process that is not impacted by the political& goals or agendas of individuals or groups within the City of Baldwin Park. Now, therefore, be it resolved by the City Council of the City of Baldwin Park Section 1, that the Baldwin Park City Council thanks the District Attorney's office for carrying out a complete investigation of election fraud. Section 2, that the Baldwin Park City Council refer the conducting of all future City elections to the Los Angeles County Registrar/Recorder's office. Section 3, that in the event that the Los Angeles County Registrar/Recorder's office can not conduct future elections, a private, independent organization with no other connections to Baldwin Park and its officials be contracted to conduct and oversee all future Municipal elections. Councilmember PACHECO said, I think this motion is essential to move our City forward. Councilmember MUSE asked if we would have to change the date of elections. Mayor LOWES said the county only takes care of school districts and large elections. She disagreed with Section 1. I don't feel that it was complete. We would have to change the election date. Section 3 is not feasible. As far as hiring an independent company to conduct our elections, I would be opposed The people voted to keep the City Clerk and she oversees the elections. Councilmember LOZANO stated that he did not want to change the date of the election. We were going to look at the alternatives here. Councilmember VAN CLEAVE said, we should look at the details first. Councilmember MUSE said, we already hire a private company. Councilmember PACHECO stated, the elected official counts her own ballots. BIB] 37175-U01 CC-U02 MIN-U02 NOV-U02 18-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3886-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 11-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 11 18 CC MINòw @˜G CC MIN NOV 18 1998â›[H! 8REGULAR MEETING OF THE CITY COUNCIL PAGE 8 OF THE CITY OF BALDWIN PARK NOVEMBER 18, 1998 Mayor LOWES said, a machine counts them. Councilmember MUSE stated, the absentee application is the only one not done by a private company. Also, most of us are in support of the Whereas?'. It is the Sections" 2 and 3 that we don't agree on. Mayor LOWES stated, I feel this is a waste of time at this time. Councilmember MUSE asked for a motion to approve the Whereas" part only. MIS/C: MUSE/LOZANO Roll Call: PACHECO-yes II LOZANO-yes II LOWES-no II MUSE-yes 1/ VAN CLEAVE-no Councilmember LOZANO stated, I'm taken aback because the perpetrators are still out there. Mayor LOWES said, everything always was and will be above board. Councilmember MUSE asked, could we have a report about the procedures we follow in absentee ballot applications, accepting of ballots? I would like to have that spelled out so we could look at it and see if maybe there are more ways that we can conduct this properly. City Attorney OLIVAS stated, there are so many aspects of the voting procedures that could allow for such a mechanism to have a procedure that would take the decision out of one person and maybe make it more of an independent citizen commission. There are several ideas that could come from this. You're right, we need to know exactly where the discretion comes in. With that information you could make that decision. I would work with the City Clerk on that. City Clerk TIZCARENO stated, I will be checking this carefully. I will find out as much information as possible. V.3 Resolution to vote for an AQMD Representative. Councilmember LOZANO called for a motion to recognize Beatrice LePisto-Kirtley for the position. MIS/C: LOZANO/LOWES Objection: PACHECO/MUSE Councilmember MUSE recommended Michael Touhy, Councilmember from West Covina. Councilmember PACHECO agreed. BIB] 37175-U01 CC-U02 MIN-U02 NOV-U02 18-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3886-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 11-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 11 18 CC MINòw @˜G CC MIN NOV 18 1998â›[H! 8REGULAR MEETING OF THE CITY COUNCIL PAGE 9 OF THE CITY OF BALDWIN PARK NOVEMBER 18, 1998 Roll Call: PACHECO-no I, LOZANO-yes II LOWES-yes /1 MUSE-no I/VAN CLEAVE-yes Councilmember PACHECO said, I would like Staff to look at the situation where an applicant felt there was a problem in the process. I want to make sure it is a fair process. Councilmember MUSE 1)Complimented the Staff on the Veteran's Day Celebration. 2)Advised that the County Health Department is interested in offering services at our Community Center for children and teens up to age 18. I would like to volunteer to meet with the County Health Department to hear what they have to offer. She invited other Councilmembers to volunteer also. Mayor Lowes volunteered. Councilmember ember LOZANO would like to honor the teacher from Baldwin Park High School with a plaque at the next Council meeting. Councilmember PACHECO advised, next week the Soccer League is having an Opening Day and. they invited the Council. I would like to give some merit awards out to the three individuals who put this together. Councilmember VAN CLEAVE reminded everyone that Saturday at 8:00 am at Morgan Park is Baldwin Park Beautiful] and we have been averaging about 135 kids to help with the cleanup. We can really use the help with adults for transportation especially. City Clerk TIZCARENO asked if First Aid kits could be supplied to the grounds where sports are played. Last Saturday at the Football] game we needed an ice pack for a player. Mayor LOWES reported that yesterday morning we had a Trade Commission from China at the Radisson Hotel. There were more than 100 businesses from China. They told me that they had the best, successful day that they ever had. They also expressed to me that they are going to pursue to ask us to be a Sister City with Hubei. They were very impressed with Baldwin Park. Director of Recreation/Community Services NUNEZ stated we are nearing the completion of Central Park West. We are looking for direction from Council for an Opening Day. Mayor LOWES suggested that City Council will get back to him later on a date. BIB] 37175-U01 CC-U02 MIN-U02 NOV-U02 18-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3886-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 11-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1998 11 18 CC MINòw @˜G CC MIN NOV 18 1998â›[H! 8 REGULAR MEETING OF THE CITY COUNCIL PAGE 10 OF THE CITY OF BALDWIN PARK NOVEMBER 18, 1998 Community Development Director CERVANTES; reminded City Council of the next General Plan Community Workshop on Saturday, December 5, from 10:00 am to 1:00 pm. We would like everyone to attend. Chief of Police LE GARRA announced that Friday there will he a Basketball game at the Community Center. It will be the Police Department vs the Fire Department Station No.29. It is a fund raiser for a Christmas program for the kids. Mayor LOWES adjourned the Regular Session of the City Council. There were no objections. 00- KATHRYN V. TIZCARENO, CITY CLERK BIB] 37175-U01 CC-U02 MIN-U02 NOV-U02 18-U02 1998-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 FO3886-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37263-U01 1998-U02 11-U02 18-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3433-U03 FO3571-U03 DO3887-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05