HomeMy WebLinkAbout2003 12 17 CC MIN2003 12 17 CC MIN (Ìì G ê FOCOUNCIL CHAMBER DECEMBER 17, 2003
14403 E. PACIFIC AVENUE WEDNESDAY
BALDWIN PARK, CA 91706 7:00 P.M.
The CITY COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the
above time and place.
ROLL CALL
Present: Councilmember Marlen Garcia, David Olivas, Ricardo Pacheco, Mayor Pro-Tern Bill
Van Cleave, and Mayor Manuel Lozano
Also Present: Dayle Keller, Chief Executive Officer; Stephanie Scher, City Attorney; Mark
Kling, Chief of Police; Jose Sanchez, Finance Director; Shafique Naiyer, Public Works
Director; Melecio Picazo, Interim Community Development Director; Manny Carrillo,
Recreation and Community Services Director; Dolores Gonzalez-Hayes, Housing Director;
Maria A. Contreras, City Treasurer; and Kathleen Sessman, Deputy City Clerk
Absent/Excused: Kathryn Tizcareno, City Clerk
ANNOUNCEMENTS
Mayor Lozano expressed his condolences for the men and woman fighting in Iraq to preserve
America's freedom and way of life.
Mayor Pro Tern Van Cleave announced that a Baldwin Park resident was one of soldiers
present when Saddam Hussein was taken into custody. He will provide an updated once the
specifics are know.
Councilmember Olivas announced a very successful food bank this past Saturday and asked
Director Carrillo whether there were any food boxes still available for those in need. Director
Carrillo stated that there are food boxes remaining, anyone interested should contact the
Family Service Center.
Mayor Lozano acknowledged Councilmembers and all those that participated at Saturday's
Food Box Drive.
City Treasurer Contreras thanked Director Carrillo, staff and Santa Claus for the
successfulness of the Winter Festival and Tree Lighting Ceremony.
PROCLAMATIONS, PRESENTATIONS AND COMMENDATIONS
A Certificate of Appreciation was presented to outgoing Board Member Frank Rivas for his
dedication and service on the Baldwin Park Unified School District.
PUBLIC COMMUNICATIONS
Mayor Lozano and Councilmembers expressed their thanks and gratitude to Mr. Rivas who
served on the Baldwin Park Unified School Board during a very critical four years in which
many of the API scores have gone up and passing of the AA bond measure.
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Mario A. Ventura and Margarita Vargas, Baldwin Park Housing Commissioners thanked
Council for the opportunity to attend the Neighborworks Training Institute held in San
Francisco December 8-12, 2003. Ms. Vargas further inquired to the possibility of designing a
brochure to help promote Baldwin Park and the various programs offered to the community.
Jose Ramos requested Council support of the City Council Agenda Item 1-D requesting
approval of a Proclamation proclaiming January 27 as WELCOME HOME VIETNAM
VETERANS DAY." in the City of Baldwin Park.
Gloria Stogden and Grace Millan, representatives of Baldwin Park Divas announced that the
Baldwin Park Divas have been selected to compete as finalists in the Las Vegas Jazz
National competition being held in Las Vegas, February 2004. The Divas are requesting
financial assistance from the City Council to assist the Divas in this upcoming competition
Mary Heiss, 14118 Olive, Baldwin Park, explained that she has less than two week to find a
place to live, has filled out the paperwork for the City's first time home buyers program, but
can not afford any of the homes presently available. She explained that she has found a
house in the City of Baldwin Park. located at 14928 Dexter Street that has been vacant since
2001 and is now requesting Council assistance in contacting the executor of the estate and
finding a place to live. Mayor Lozano directed inquiry to Housing Director Gonzalez-Hayes.
CONSENT CALENDAR APPROVED
Councilmember Garcia requested that the following items be removed from the Consent
Calendar for discussion:
1) Item 1-D PROPOSED RECOGNITIONS BY THE MAYOR AND CITY
COUNCIL FOR THE PERIOD OF DECEMBER 18, 2003 TO JANUARY 6, 2003
2) Item 1-1 AWARD OF CONTRACT FOR PROFESSIONAL SERVICES
RELATING TO A SOLID WASTE HAULING SERVICES FRANCHISE REVIEW
CONTINUED FROM DECEMBER 3, 2003)
3) Item 1-K APPROVAL OF THE EXTENSION OF BALDWIN PARK TRANSIT
SERVICE HOURS TO ADDRESS DEMAND AT THE TEEN CENTER
A motion was made to approve Consent Calendar Item Nos. A-K with the exception of items
D, I & K) as presented, and as follows:
MOTION: Mayor Lozano SECOND: Mayor Pro Tern Van Cleave Carried
MINUTES
The minutes of December 1, 2003 Special) and December 3, 2003 Study and Regular),
were approved as presented.
WARRANTS AND DEMANDS
Report was received and filed.
TREASURER'S REPORT FOR THE MONTH OF NOVEMBER 2003
Report was received and filed.
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AWARD OF CONTRACT FOR THE CONVERSION OF EQUIPMENT ON POLICE PATROL
VEHICLES
The City Council awarded the contract to 10-8 Retrofit, in the amount of $8151.49 for the
conversion of emergency equipment on six 6) police department patrol vehicles. The Mayor
was authorized to execute the Agreement. The Director of Public Works was authorized to
execute any necessary change orders in an amount not to exceed ten percent 10%) of the
original contract amount.
RESOLUTION IN SUPPORT OF AB 712 LIU) GOLD LINE PHASE II LEGISLATION
Further reading was waived, read by title only and Resolution No. 2003-085 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK SUPPORTING
AB 712 LIU) WHICH PROVIDES REPRESENTATION ON THE GOVERNING BOARD FOR
THE CITIES ALONG THE PHASE II CORRIDOR," was adopted.
RESOLUTIONS IN SUPPORT OF GRANT APPLICATION URBAN PARKS ACT 2001
GRANT PROGRAM
Further reading was waived, read by title only and Resolution No. 2003-083 entitled,
RESOLUTION OF THE CITY OF BALDWIN PARK CITY COUNCIL APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE URBAN PARK ACT OF 2001 PROGRAM
UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS,
AND COASTAL PROTECTION ACT OF 2002," was adopted. Further reading was waived,
read by title only and Resolution No. 2003-084 entitled, RESOLUTION OF THE CITY OF
BALDWIN PARK CITY COUNCIL APPROVING THE APPLICATION FOR GRANT FUNDS
FOR THE URBAN PARK ACT OF 2001 PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION
ACT OF 2002," was adopted. The Director of Recreation and Community Services was
authorized to proceed with the grant process and execute any necessary documents with the
State Department of Parks & Recreation. The Finance Director was authorized to
appropriate the grant funds accordingly.
RESOLUTION SETTING RATES FOR RESIDENTIAL AND COMMERCIAL REFUSE
SERVICE
Further reading was waived, read by title only and Resolution No. 2003-082 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
SETTING RESIDENTIAL AND COMMERCIAL REFUSE RATES," was adopted.
RESOLUTION AMENDING BASIC SALARY PLAN FOR EMPLOYEES OF THE CITY OF
BALDWIN PARK
Further reading was waived, read by title only and Resolution No. 2003-081 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
RESOLUTION 2003-069 A BASIC SALARY PLAN FOR EMPLOYEES OF THE CITY OF
BALDWIN PARK Base Salary increases for non-sworn employees per Baldwin Park Police
Association bargaining unit agreement)," was adopted.
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CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE PERIOD
OF DECEMBER 18, 2003 TO JANUARY 6, 2003
Councilmember Garcia requested that the Proclamation supporting Welcome Home Vietnam
Veterans Day" be recognized on an annual basis, not just 2004. There were no objections.
A motion was made to approve the preparation and presentation of the proposed certificates,
proclamations and plaques.
MOTION: Mayor Lozano SECOND: Councilmember Garcia Carried
AWARD OF CONTRACT FOR PROFESSIONAL SERVICES RELATING TO A SOLID
WASTE HAULING SERVICES FRANCHISE REVIEW CONTINUED FROM DECEMBER 3.2003)
In response to an inquiry by Councilmember Garcia, Director Naiyer stated SCS Engineers
has worked with the city for the past 3 years, and a list of their references are included in their
bid proposal previously distributed for Council review.
A motion was made to award contract for professional services to SCS Engineering in the
amount of $26,000 for an operational and financial review of the solid waste hauling services
franchise. The Mayor was authorized to execute the Agreement. The Director of Public
Works was authorized to execute any necessary change orders in an amount not to exceed
ten percent 10%) of the original contract amount.
MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Van Cleave Carried
APPROVAL OF THE EXTENSION OF BALDWIN PARK TRANSIT SERVICE HOURS TO
ADDRESS DEMAND AT THE TEEN CENTER
Councilmember Garcia thanked staff for their quick response to the community's request for
extended hours for the fixed-route services to address demands at the Teen Center and
requested staff look into extending hours of operation during special events and programs at
the Community Center.
Councilmember Olivas inquired whether extending hours of operation required amending
agreement with our provider. City Attorney Scher responded to inquiry stating that
agreement needs to be reviewed to see whether or not it has a clause that may permit the
City to modify hours by means of a letter or if an amendment is necessary.
A motion was made to approve the extension of the weekday service hours for the fixed-route
services and staff was authorized to begin the operation of services on Monday, January 5,
2004 through the end of the fiscal year.
MOTION: Councilmember Garcia SECOND: Mayor Lozano Carried
PUBLIC HEARING
PUBLIC HEARING TO CONSIDER APPROVAL OF AN AMENDMENT TO FISCAL YEAR
2003-04 ANNUAL ACTION PLAN
Mayor Lozano declared the public hearing OPEN for public participation. There was no one
wishing to speak, therefore Mayor Lozano declared the public hearing CLOSED.
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Councilmember Olivas expressed his appreciation to staff for providing Council with a very
detailed and thorough report.
A motion was made to approve the draft Amendment to the FY 2003-04 Annual Action Plan
for the use of federal Community Development Block Grant CDBG) and HOME Investment
Partnership HOME) Funds. The Housing Director was authorized to submit the final
Amendment to the FY 2003-04 Annual Action Plan to HDD for their review and approval.
MOTION: Mayor Lozano SECOND: Mayor Pro Tern Van Cleave Carried
REPORTS OF OFFICERS
PERSONNEL COMMISSION VACANCIES/APPOINTMENTS
Councilmember Olivas requested that policy regarding background checks on commission
applicants be developed and brought back for Council review and approval. Councilmember
Garcia requested that Commission applications be updated to include the following: Have
you ever been convicted of an offense other than a minor traffic violation? If Yes," list the
nature of the offense, the date, the state and the penalty in the Comments" section below.
There were no objections.
A motion was made to waive further reading, read by title only and adopt Resolution No.
2003-071 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, AMENDING RESOLUTION NO. 2002-097 AND APPOINTING INDIVIDUALS TO THE
PERSONNEL COMMISSION OF THE CITY OF BALDWIN PARK, SPECIFICALLY:
APPOINTING CECELIA P. BERNAL TO OFFICE NO. 1 FOR THE UN-EXPIRED TERM TO
JUNE 30, 2004; APPOINTING JESALYN MARIE DUNLAP TO OFFICE NO. 2 FOR THE UN-
EXPIRED TERM TO JUNE 30, 2004; APPOINTING JOHANNA GAONA TO OFFICE NO. 3
FOR THE UN-EXPIRED TERM TO JUNE 30, 2005; APPOINTING LEONOR V. GARCIA TO
OFFICE NO. 4 FOR THE UN-EXPIRED TERM TO JUNE 30, 2005; AND APPOINTING
FRANCISCO P. PABON TO OFFICE NO. 5 FOR THE UN-EXPIRED TERM TO JUNE 30,
2005."
MOTION: Councilmember Garcia SECOND: Councilmember Olivas Carried
RESOLUTION APPROVING THE REFUNDING OF PUENTE MERGED 1990 SERIES B
OUTSTANDING BOND ISSUE REFERENCE CRA AGENDA ITEM 3-B& FINANCE AUTHORITY AGENDA ITEM 3-A)
City Attorney Scher stated that this same item is going to show up on the City Council
Agenda, Community Redevelopment Agency Agenda, and Public Finance Authority Agenda
although there are slightly different actions that need to be taken. She stated that if Council
wants to have a full staff report now that would be appropriate. The truncated portion can be
done when the item comes before the other Agencies.
Mr. Chilton thanked Council stated that in order to comply with the February 1 call date, the
noticing requirements to the bondholders and the requirement to have the funds on the
deposit with the Trustee 30 days prior to the refunding, the refunding must be completed by
December 31, 2003. He further stated that all the bond documents, reports and schedules
have been prepared by the underwriter, bond counsel/disclosure counsel, tax analyst and
general counsel and distributed for the Agency/Authority Board's review. In closing, Mr.
Chilton stated that in order for the bond refunding process to begin it is imperative that the
recommended Resolutions and documents be approved at tonight's meeting.
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A motion was made to waive further reading read by title only and adopt Resolution No.
2003-086 entitled, A RESOLUTION OF THE CITY OF BALDWIN PARK AUTHORIZING
THE ISSUANCE OF NOT TO EXCEED IN AGGREGATE $8,000,000 TAX ALLOCATION
REFUNDING BONDS SERIES 2003 PUENTE MERGED REDEVELOPMENT PROJECT)
AND APPROVING THE FORM OF LEGAL DOCUMENTS RELATED THERETO."
MOTION: Councilmember Olivas SECOND: Councilmember Pacheco Carried
REMEDIAL ACTION FOR AUDIT OF THE ECONOMIC DEVELOPMENT
ADMINISTRATION COMMERCIAL LOAN PROGRAM
Interim Director Picazo presented report as follows: The purpose of this report is to request
the City Council to consider the remedial actions required of the City in connection with an
audit report by the Economic Development Administration EDA) regarding the Commercial
Loan Program. He explained that on January 28, 2003, the U.S. Department of Commerce
DOC) prepared a draft audit report concerning the Commercial Loan Program. He explained
that the audit evaluated the City's financial management of the RLF, and determines if the
City complied with applicable RLF administrative requirements. He stated that on October
16, 2003, the City received a letter from EDA that presented their position on the ten findings
in the audit and the corrective actions to be taken by the City for remedy. He further
explained that the audit disclosed seven findings indicating that the City needs to improve
management of the RLF and disclosed three loans that were not in compliance with EDA
regulations.
Interim Director Picazo explained that the remedial action as recommended by the EDA for
both findings eight 8) regarding $50,000 loan to the Baldwin Park Chamber of Commerce
and nine 9) regarding a $45,000 loan to Footworks is to replenish the RLF by the amount of
outstanding balance.
He further explained that after reviewing the options as presented by the EDA and because
there are no other resources available to replenish the RLF, staff recommends that a request
for partial termination of the grant by that much of the outstanding balance" be the remedial
action taken by the City. He stated that if this option is chosen, the City would surrender RLF
funds to the Federal government in the amount of $70,782 and that once the RLF
administrative plan is updated, staff anticipates disbursing more loans, improve our marketing
effort and decrease the amount of available balance.
Councilmember Garcia expressed concern with the findings that the DOC came back with,
but stated that at this point she did not see any other choice then to remedy and pay back the
$70,782 the City owes the Economic Development Administration EDA). Councilmember
Garcia requested that Chief Executive Officer Keller make sure that the proper handling and
overseeing of this program be addressed, so that we will not have this issue in the future.
Chief Executive Officer Keller stated that this would certainly be one of the first things on the
list for the new Community Development Director.
A motion was made to authorize staff to surrender Revolving Loan Fund RLF) funds by
remittance to the Economic Development Administration EDA) in the amount of $70,782.
MOTION: Councilmember Olivas SECOND: Mayor Lozano Carried
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COUNCIL / STAFF REQUESTS AND COMMUNICATIONS
REQUEST BY COUNCILMEMBER PACHECO, CHAIR OF THE ECONOMIC
DEVELOPMENT COMMITTEE, FOR DISCUSSION OF BROWNFIELD GRANTS AND TO
SEEK PROPOSALS FOR A CITYWIDE BROWNFIELD STUDY/ENVIRONMENTAL
ASSESSMENT
Councilmember Pacheco requested Council consider authorizing a Request for Proposals
RFP) for companies that do Brownfield Grants and Study/Environmental Assessment to
assist the city in identifying Brownfield sites, apply for Brownfield grants and get the
development of these sites going. He stated that he will work with staff and bring back a
proposal for the council to review prior to going out to Request for Proposals RFP). There
were no objections.
REQUEST BY COUNCILMEMBER OLIVAS FOR DISCUSSION OF AND POSSIBLE
ACTION ON A NEED EXPRESSED BY THE DIVAS FOR ASSISTANCE TO COMPETE AS
FINALISTS IN AN UPCOMING COMPETITION.
Councilmember Olivas confirmed the existence of a special account for youth sports grant, in
the City Council 2003-04 budget and requested Council provide assistance of $1,500 to the
Divas to assist the Divas to compete as finalists in an upcoming competition being held in Las
Vegas, February 2004.
A motion was made to approve the assistance and allocation of $1,500 to the Divas to assist
the Divas to compete as finalists in an upcoming competition being held in Las Vegas,
February 2004.
MOTION: Councilmember Olivas SECOND: Mayor Lozano Carried
REQUEST BY FINANCE DIRECTOR SANCHEZ TO PROVIDE UPDATE ON STATE
FUNDING OF THE VEHICLE LICENSING FEES VLF).
Director Sanchez presented report as follows: The purpose of the report is to provide the
City Council with an update of the latest information available regarding the VLF funding to
local agencies by the State of California. Director Sanchez stated that on December 5, 2003
after deliberation by both houses, the Legislature approved the Governors proposed ballot
measure for March 2004 election. He explained that the ballot measure includes a proposed
$15 billion dollar bond issue, a spending cap, establishes a set % for a State general fund
reserve requirement, and a % cent sales tax increase, but explained that it does not include
funding for the 2/3 VLF backfill. He explained that members of both the Senate and the
Assembly drafted proposed legislation to appropriate funds to fund the 2/3 VLF backfill, bills
were SB 5x 1 Brulte), AB 5x 3 Cox), and AB 5x 7 Lowenthal). Since there was no time to
send these bills to committee before the legislature adjourned for the 2003 year, a motion
was made to suspend the rules and send the bills directly to the floor to be approved. He
stated that two motions were made, one by S. Horton for AB 5x 3 Cox) and one by Haynes
for 5x 7 Lowenthal). both motions were denied, so unless the Governor calls for another
extraordinary session to address the VLF backfill, the Legislature is not scheduled to convene
until January 2004,
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Director Sanchez explained that when the City Council adopted the budget for 2003-2004 the
VLF revenues were estimated to be $4.3 million dollars, but according to the most recent
estimate from League of California Cities sources estimates $4.5 million dollars, which
represents approximately 32% of the City's general fund budgeted revenues. He stated that
the State budget was adopted under former Governor Davis and contained a loan" for a
three year period) of the VLF for three and one-half months of VLF receipts, until the
triggering of the 1998 VLF rates could go into full effect, this represented approximately
$990,000 to the City of Baldwin Park. He stated that after considerable discussion and
deliberation by the Council and staff's recommendation, it was decided that the loss of
revenue would be funded with existing reserves, cash balances, and no budget reductions
would be made.
Director Sanchez stated that the VLF revenues for the three months of July, August and
September have averaged approximately $130,000 which represents only 1/3 of the VLF as
provided for the State's budget. He stated that for the month of October the city received
$250,104 dollars representing the VLF with the State backfill included. He explained that with
the rescinding of the increased VLF fees by the Governor and the order to refund the higher
fees that have been paid the VLF the revenues received on December 10, 2003, for the
month of November, were $82,011 dollars and it has been reported that no VLF revenues will
be received by local agencies in January and February, unless the Governor and the
Legislature take action.
Director Sanchez explained that under the most recent State budget action, there is no
appropriation to fund the VLF to local agencies. He further stated that if no appropriation to
fund the VLF is made by the State the City loss of VLF revenue could be $3.2 million dollars.
Director Sanchez stated that the city was prepared to fund the loss of VLF revenue of
$990,000 for the fiscal year 2003-2004 it may be faced with an additional $2.3 million in lost
revenue. He explained that a preliminary review of cash balances and reserves in the
general fund, special revenue funds and internal services fund indicate that there would be
sufficient cash to fund the 2003-2004 budget without any major budget reductions. However,
should the State not fund the VLF in fiscal year 2004-2005, there would need to be major
reductions in the city's expenditure budget. Council thanked Director Sanchez for the update
and directed him provide council with an update regarding the VLF at the January 7, 2003
meeting. There were no objections.
Councilmember Olivas expressed concern with the States actions regarding the backfill. He
stated that the League of California Cities is proposing to initiate a lawsuit, which would
include contract cities and recommended the city look at that option when the League of
California Cities files the action.
Councilmember Garcia requested that staff look into becoming members of contract cities as
well. There were no objections.
Councilmember Pacheco stated the Governor and the State Legislature has not yet
addressed the VLF funding for cities. He expressed concern with the effect it could have on
the city and the services provided. He requested the city take a proactive position and let the
governor and our elected officials know that backfill monies need to be in place.
Mayor Lozano requested an article be placed in the NOW" regarding the VLF and the
potential impacts it will have on the city. There were no objections.
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Councilmember Olivas requested that emails from the League of California Cities regarding
the VLF be forward to Councilmembers as soon as received.
Proposed Library Tax and Placement on the November 2004 Ballot
Mayor Lozano directed staff to add discussion of the proposed County Library Tax and
possible placement on the November 2004 Ballot.
Waste Management Magnets
Councilmember Garcia thanked staff for the Waste Management Magnet. She explained that
this is a campaign to help educate and inform our residents on the city's waste collection
program. She further stated importance of continuing and reinforcing this campaign.
New Actions regarding Massage Parlors
Councilmember Garcia requested staff look into the recent steps and actions taken by the
cities of Industry and El Monte as they relate to massage parlors.
ADJOURNMENT
There being no further matters for discussion, the meeting was adjourned at 8:20 p.m., in
memory of Andre Zambrano.
Approved as presented by the Council at their meeting held January 21, 2004.
O^kLuL^AOLjL^^ a^-—)
Kathleen R. Ses^man
Deputy City Clerk
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