HomeMy WebLinkAbout1989 12 20 CC MIN1989 12 20 CC MINòw @˜ u µ CC MIN DEC 20 1989à›[H!8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
DECEMBER 20, 1989, AT 7:00 P.M.
The City Council of the City of Baldwin
Park met in regular session in the
Council Chambers at 7:00 p.m.
ROLL CALL: PRESENT: COUNCILMEMBERS IZELL, KEYSER, ROLL CALL
MCNEILL AND MAYOR PRO TEM LOWES
ALSO PRESENT: Acting City Manager Lanza,
City Attorney Flandrick,
Acting Dir. of Administrative
Serv. Schuld,
Dir. of Community Serv. Rangel,
Dir. of Housing & Economic
Dev. Pearce,
Director of Human Serv. Lucas,
Police Captain Cisneros,
Deputy City Clerk Sharp and
City Clerk Gair
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City Treasurer Montenegro's absence was excused. ABSENCE
EXCUSED
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Mayor Pro Tern Lowes declared Oral Communications open ORAL COMMU
and invited those wishing to speak on any subject to NICATIONS
come forward. OPEN
Maryann Huetinck, 13059 Amar Road, commented on the MARYANN
good job the City Council, staff and police department HUETINCK
has done in keeping the City looking good.
Richard Cooks, 14864 #8 Pacific Avenue, spoke on RICHARD
behalf of apartment tenants of Badillo Arms, 4040 COOKS
Badillo, in reference to the tenants having a
difficult time with the property management
cooperating with requests to correct substandard
living problems and tenants being evicted. He
presented pictures of the living conditions and asked
Council to look into the situation.
Shirley Lucero, representative for tenants of Badillo SHIRLEY
Arms, spoke regarding the safety of the children who LUCERO
live in the apartments.
Dorothy Gallegos, Assistant Director of Fair Housing, DOROTHY
14355 Merced, spoke about the concerns of the tenants GALLEGOS
and stated that the tenants were willing to meet the
management halfway to overcome the issue.
Eli Roca, 14637 California, asked the City Council to ELI ROCA
initiate the concept of district elections and put the
vote to the people.
Frank Ramirez, 4924 Wimmer, inquired about Public FRANK
Hearing No. 4 being about tax increments. RAMIREZ
Janett Roca, 14637 California, submitted photographs JANETT
of some of the problems at Badillo Arms Apartment, and ROCA
told about families with children being evicted during
the holidays.
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1989 12 20 CC MINòw @˜ u µ CC MIN DEC 20 1989à›[H!8
REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE TWO
Monsignor Peter Nugent, St. John the Baptist Catholic MONSIGNOR
Church, 3848 Stewart Avenue; PETER
NUGENT
Wally Bond, President of Carpenters Local 309; WALLY BOND
Margarita Vargas, Ohio Street, Baldwin Park: MARGARITA
VARGAS
All spoke on behalf of East Valley Organization EVO)
and explained that the organization is seeking
cooperation from cities for reward funds to help clean
water pollution and asked the City for their
p support in contributing $15,000.
Anthony Bejarano, 3508 Big Dalton, inquired about any ANTHONY
hesitation that the Council may have in giving the BEJARANO
people the right to vote on district elections and
stated he wanted to see this issue put on the April
ballot.
Maureen Popick, 1346 Sandstone, asked why people who MAUREEN
speak under Oral Communications do not stay for the POPICK
rest of the council meeting and are only interested in
their special cause. She did not think they
represented her vote and they were talking for others.
William Watkins, 14525 Hallwood, inquired about the WILLIAM
City looking into the problems with kids in street WATKINS
gangs and the problems with drugs not just water
pollution problems.
Joan Watkins, 14525 Hallwood, felt that the City is JOAN
one of the better cities and that the people have a WATKINS
Council and Police that they can go to with a problem.
There being no other speakers, Mayor Pro Tem Lowes CLOSED
declared Oral Communications closed.
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City Clerk Gair presented the Consent Calendar: CONSENT
CALENDAR
1. Approval of Certificate of Posting for
December 12, 1989 and December 20, 1989
2. Approve Minutes of December 6, 1989
3. Waive Further Reading and Adopt
RESOLUTION NO. 89-97 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report
November 30, 1989
5. Approval of Local Development Corporation
LDC) Increase Loan Interest Rate to 8%
6. Waive Further Reading and Adopt
RESOLUTION NO. 89-98 AMENDING RESOLUTION
NO. 88-44 APPOINTING
A REPRESENTATIVE AND
ALTERNATE REPRESENT-
ATIVE TO THE BOARD
OF DIRECTORS OF THE
INDEPENDENT CITIES
LEASE FINANCING
AUTHORITY
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1989 12 20 CC MINòw @˜ u µ CC MIN DEC 20 1989à›[H!8 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE THREE
7. Approval to Enter into the 312 Loan Program
for the Unreinforced Masonry URM)
At the request of Mayor Pro Tern Lowes, Consent ITEM NO. 7
Calendar Item No. 7 was pulled for discussion. PULLED
It was moved and seconded to approve Item No. s 1-6 as CONSENT
presented. M/S/C: MCNEILL/IZELL. There were no CALENDAR
objections. APPROVED
Mayor Pro Tern Lowes inquired if the 312 loan program ITEM NO. 7
can also be used for residential loans. She also
C inquired about the number of applications that have
been received.
Director of Housing & Economic Development Pearce
explained that the program can be used for residential
loans which would be a slightly different loan.
Eighty applications submitted were for rehabilitation
loans.
It was moved and seconded to approve Consent Calendar ITEM NO. 7
Item No. 7 and direct staff to report back on the loan APPROVED
program. M/S/C: MCNEILL/IZELL. There were no
objections.
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PUBLIC HEARINGS
Director of Housing & Economic Development Pearce PUBLIC
introduced the public hearing on A Request for HEARING
Approval of Issuance of Baldwin Park Public Financing INTRODUCED
Authority Revenue Tax Allocation) Bonds 1990 Series A 1990
and 1990 Series B in the amount of $20,680,000 SERIES
pursuant to Section 52000 et. seq. of the California A & B
Health and Safety Code." BONDS
Director of Housing and Economic Development Pearce
explained that Rod Gunn of CRC Municipal Finance, who
is the Agency's financial consulting firm, would give
a report before the public hearing. She recommended
that the City Council adopt a resolution and authorize
the execution of an agreement for the pricing of the
bonds.
Rod Gunn, CRC Municipal Finance, explained that the
Redevelopment Agency is proposing to refinance
existing debt that they issued for three 3) different
redevelopment projects. The refinancing would occur
by the Financing Authority issuing bonds and then
making loans to the Redevelopment Agency to
accomplish the refinancing.
Mayor Pro Tern Lowes declared the Public Hearing open PUBLIC
and invited those wishing to speak to come forward. HEARING
OPEN
Frank Ramirez, 4924 Wimmer, inquired about the FRANK
Redevelopments debts, the obligations of the City, who RAMIREZ
is responsible besides the City, and what happens if
the bonds are forfeited.
Richard Cooks, 14864 #8 Pacific Avenue, requested the RICHARD
City look into the pitfalls of refinancing and COOKS
inquired about the type of retainer fee being paid.
Director of Housing & Economic Development Pearce DISCUSSION
explained that the city is not lending money to the
Redevelopment Agency, the Financing Authority is
loaning the money to the agency. That all tax
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1989 12 20 CC MINòw @˜ u µ CC MIN DEC 20 1989à›[H!8 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE FOUR
increment money generated would go to cities of
redevelopment agencies. She also explained that the
underwriter who buys the bonds are the ones affected
if the bonds are forfeited. And that one of the
actions to be taken would set some of the fees for the
financing consultant and fees for the underwriter.
City Attorney Flandrick explained that if there is no
tax revenue, there is no responsibilities. If the
redevelopment agency has no tax increment, it would
not be able to pay the bonds, and the bonds would be
in default.
C Mayor Pro Tern Lowes declared the Public Hearing CLOSED
closed.
It was moved and seconded to approve Resolution No. RESOLUTION
89-101, A RESOLUTION OF THE CITY COUNCIL OF THE CITY NO. 89-101
OF BALDWIN PARK APPROVING THE ISSUANCE OF BALDWIN PARK APPROVED
PUBLIC FINANCING AUTHORITY REVENUE TAX ALLOCATION)
BONDS, 1990 SERIES A REFUNDING LOANS) AND 1990 SERIES
B REFUNDING LOANS), THE BORROWING OF BOND PROCEEDS BY
THE REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK,
AND REFUNDING OF THE AGENCY'S SAN GABRIEL RIVER
REDEVELOPMENT PROJECT TAX ALLOCATION BONDS 1987 SERIES
A REFUNDING PARITY BONDS, CENTRAL BUSINESS DISTRICT
REDEVELOPMENT PROJECT TAX ALLOCATION BONDS 1986 SERIES
A REFUNDING PARITY BONDS AND 1986 SERIES B PARITY
BONDS AND PUENTE-MERCED REDEVELOPMENT PROJECT 1987 TAX
ALLOCATION REFUNDING BONDS; AND AUTHORIZING OFFICIAL
ACTION IN CONNECTION THEREWITH." M/S/C:
IZELL/MCNEILL. There were no objections.
Director of Community Services Rangel introduced the PUBLIC
Public Hearing on OA-4, An appeal pursuant to Section HEARING
17.50.080 of the City Code, of an order by the INTRODUCED
Planning Commission to abate the dispensing of diesel OA-4
fuel at an existing service station. Applicant:
California Target Enterprises, Inc., Location: 3202
Baldwin Park Boulevard)."
Director of Community Services Rangel explained that
in 1988 Council adopted an ordinance requiring service
stations dispensing diesel fuel to contain at least
20,000 square feet of lot area and existing service
stations to discontinue dispensing diesel fuel. A
field check of these stations revealed that all
affected service stations except for the appellants
were in compliance with the ordinance.
He further explained that the property in question
contains approximately 9,776 square feet of lot area.
However the appellant contends that the order of
abatement should not apply to his service station
based on information and evidence that the subject
property actually included an adjacent parcel to the
south-east and when combined, the overall lot area is
greater than 20,000 square feet. Upon examination,
the City Attorney determined that the submitted
property description describes both Assessor's Parcel
13 service station site) and Parcel 12 13613
Francisquito) which appeared in the application for a
conditional use permit in 1971, however the resolution
approved by the Planning Commission to allow the
service station described only Parcel 13. The
Planning Commission voted to deny the appellants
appeal. He recommended that the City Council deny the
appellant's appeal of the order of abatement and
require the appellant to discontinue the dispensing of
diesel fuel within 30 days.
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1989 12 20 CC MINòw @˜ u µ CC MIN DEC 20 1989à›[H!8 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE FIVE
Mayor Pro Tern Lowes declared the Public Hearing open PUBLIC
on OA-4 and invited those wishing to speak to come HEARING
forward. OPEN
Jim Funk, California Target Enterprises, Inc., 12739 JIM FUNK
Lakewood, Downey, explained that the issue is wide
bodied trucks, which the station is unable to service.
Their clientel is small vehicles and the diesel pump
is thirty six 36) feet from the sidewalk. He stated
that the ordinance uses the word lot not parcel,
therefore the station is consistant with the
ordinance.
Council discussed the possibility of considering a COUNCIL
conditional use permit and advised the owner of the DISCUSSION
property to apply for a conditional use permit.
Jerry Bickov, California Target Enterprises, Inc., JERRY
12739 Lakewood, Downey, explained that a survey was BICKOV
conducted at the service station and they received
signatures of 304 customers of the service station in
favor of the station to continue the sale of diesel
fuel letters were submitted to Council). He asked if
a conditional use permit would be for the whole
shopping center and requested Council to grant the
appeal.
Eli Roca, 14637 California, inquired about the ELI ROCA
conditional use permit approved in 1971 and the
inclusion or exclusion of parcel 12.
City Attorney Flandrick explained that in 1971 the CITY
applicant applied for a conditional use permit for ATTORNEY
parcel 12 & 13, however the Planning Commission
approved only parcel 13.
Ed Huetinck, 13059 Amar, stated that the intention is ED
to have a service station located on a lot of 20,000 HUETINCK
square feet. If Council approved this site to
continue to sell diesel fuel it would not be fair to
the other diesel station who would have to apply for
the same thing.
Mayor Pro Tern Lowes declared the Public Hearing CLOSED
closed.
It was moved and seconded to return Case No. OA-4 to OA-4 TO
the Planning Commission for further study. M/S/C: PLANNING
IZELL/MCNEILL. There were no objections. COMMISSION
Director of Community Services Rangel introduced the PUBLIC
Public Hearing on Z-493 & PM-1201, A Request for HEARING
Approval of a Zone Change from I, Industrial, to I INTRO-
PD) Industrial Planned Development Overlay Zone, and DUCED
a Tentative Parcel Map for a five 5) Lot Subdivision Z-493 &
Pursuant to Section 17.30.030 and 16.01.070 of the PM 1201
City Code. Applicant: San Palo Development Corp.;
Location: Lot 6 of Parcel Map 1142)."
Director of Community Services Rangel explained that
the project involves the construction of four 4)
industrial buildings containing a total of
approximately 80,000 square feet of floor area. The
buildings range in size from 18,300 to 21,500 square
feet.
Director of Community Services Rangel recommended that
the City Council approve 1) the Negative Declaration
of Environmental Impact; 2) a zone change from I to I
PD); and the Development Plan and Tentative Parcel
Map with the conditions listed in the staff report.
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1989 12 20 CC MINòw @˜ u µ CC MIN DEC 20 1989à›[H!8 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PACE SIX
Mayor Pro Tern Lowes opened the Public Hearing open on PUBLIC
Z-493 & PM-1201 and invited those wishing to speak to HEARING
come forward. OPEN
Chai Chen, San Palo Development Corp., stated he would CHAI CHEN
be available for any questions the Council may have.
There being no other speakers, Mayor Pro Tern Lowes CLOSED
declared the Public Hearing closed.
It was moved and seconded to adopt the Negative NEGATIVE
Declaration of Environmental Impact Report. M/S/C: DECLARA-
IZELL/MCNEILL. There were no objections. TION
ADOPTED
It was moved and seconded to approve Ordinance No. ORDINANCE
1033, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NO. 1033
BALDWIN PARK APPROVING A CHANGE OF ZONE FROM I, TO I FIRST
PD) ON APPROXIMATELY 4.02 ACRES; APPLICANT: SAN READING)
PALO DEVELOPMENT CORP.; CASE NO. Z-493; LOCATION: APPROVED
LOT 6 OF PARCEL MAP 1142 ON BROOKS DRIVE)." M/S/C:
MCNEILL/IZELL. There were no objections.
It was moved and seconded to adopt Resolution No. RESOLUTION
89-99, A RESOLUTION OF THE CITY COUNCIL OF THE CITY NO. 89-99
OF BALDWIN PARK APPROVING A DEVELOPMENT PLAN AND ADOPTED
TENTATIVE TRACT MAP APPLICANT: SAN PALO DEVELOPMENT
CORP.; CASE NO. Z-493 & PM-1201; LOCATION: LOT 6 OF
PARCEL MAP 1142 ON BROOKS DRIVE, BALDWIN PARK,
CALIFORNIA)." M/S/C: MCNEILL/IZELL. There were no
objections.
Director of Community Services Rangel introduced the PUBLIC
Public Hearing on District 89-1, Determine whether HEARING
Public Necessity, Health, Safety, or Welfare Requires INTRO-
the Formation of an Underground Utility District Along DUCED
Baldwin Park Boulevard". DISTRICT
89-1
Director of Community Services Rangel explained that
Kaiser Permanente will be undergrounding the utilities
along their project frontage on Baldwin Park
Boulevard. In order to formalize the agreement
between Southern California Edison and Kaiser for this
work, an underground utility district must be
established by the City Council. Kaiser will be the
only property owner impacted by the proposed
undergrounding, and will bear all costs associated
with it. He further explained if the resolution is
adopted establishing the district, the planning and
the design of these facilities will then begin, and is
anticipated that construction would be completed in
the last quarter of 1990 or the first quarter of 1991.
Director of Community Services Rangel recommended that
the City Council adopt a resolution authorizing the
formation of an underground utility district along a
portion of Baldwin Park Boulevard.
Mayor Pro Tem Lowes declared the Public Hearing open PUBLIC
District 89-1 and invited those wishing to come HEARING
forward. OPEN
Eli Roca, 14637 California, inquired about Kaiser ELI ROCA
Permanente absorbing the cost of the undergrounding
and also about the resolution requiring the City Clerk
to notify all affected property owners within the
district.
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1989 12 20 CC MINòw @˜ u µ CC MIN DEC 20 1989à›[H!8 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE SEVEN
Frank Ramirez, 4924 Wimmer, inquired about the FRANK
underground utility district eventually including the RAMIREZ
entire city like the Citywide Lighting and Landscaping
District did after the West Ramona District.
There being no other speakers, Mayor Pro Tern Lowes CLOSED
declared the Public Hearing closed.
It was moved and seconded to adopt Resolution No. RESOLUTION
89-100, A RESOLUTION OF THE CITY COUNCIL OF THE CITY NO. 89-100
OF BALDWIN PARK DECLARING ITS INTENTION TO ESTABLISH ADOPTED
UNDERGROUND UTILITY DISTRICT 89-1 ALONG BALDWIN PARK
BOULEVARD." M/S/C: MCNEILL/KEYSER. There were no
objections.
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REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Director of Housing & Economic Development Pearce BUSINESS
explained that the Baldwin Park Chamber of Commerce RETENTION
presented a proposed joint business retention program PROGRAM
to be instituted by the City's Department of Housing &
Economic Development. The Chamber of Commerce is to
1) spot target business: 2) make contact and 3) set up
a plan of action for retaining the business within the
City of Baldwin Park.
Director of Housing & Economic Development Pearce
recommended that the City Council approve the business
retention program and direct staff to work with the
Chamber of Commerce in the formation of such a
program.
Council recommended that once the program is studied
that it be returned to Council for approval.
It was moved and seconded to proceed with the FORNATION
formation of a business retention program in OF PROGRAM
conjunction with the Baldwin Park Chamber of Commerce. APPROVED
N/S/C: IZELL/ MCNEILL. There were no objections.
00-
COUNCIL INITIATIVES
Mayor Pro Tern Lowes stated that people would be USE OF
allowed to speak at this time regarding the use of ANIMALS
animals pets) for medical research. FOR
MEDICAL
RESEARCH
The following people came forward to request the City
Council to give support to requesting Los Angeles
County to refrain from using animals pets) for
medical research and explained the pet protection
program.
Rita Berneer, resident of Altadena; RITA
BERNEER
Bill McDevitt, 5629 Carlton Way, Citizen for Pet BILL
Protection: MCDEVITT
Robin Harrington, 1426 N. Edgemont, Citizen for Pet ROBIN
Protection. HARRINGTON
William Watkins, 14525 Hallwood, spoke regarding the WILLIAM
suffering that abandoned animals endure and the need WATKINS
to take them to the animal shelters.
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1989 12 20 CC MINòw @˜ u µ CC MIN DEC 20 1989à›[H!8 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 20, 1989
OF THE CITY OF BALDWIN PARK PAGE EIGHT
Councilman Izell stated the reasons that he would vote COUNCIL
in favor of this issue and Mayor Pro Tern Lowes, DISCUSSION
Councilwoman McNeill, and Councilman Keyser stated
their reasons for abstaining from voting. The reasons
stated for abstaining included personal loss, progress
in medical research, not casting a vote under threat
of recall and desire to visit County facilities.
City Clerk Gair stated, for the record, that inquiries
had been made suggesting recall and action at the
polls against Councilmembers not voting in favor of
this animal research resolution.
Councilman Izell made a motion to approve the MOTION
following resolution, A RESOLUTION OF THE CITY DIES
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
REQUESTING THAT THE COUNTY OF LOS ANGELES REFRAIN FROM
SELLING OR USING ANIMALS FOR MEDICAL RESEARCH WHICH
WERE BROUGHT INTO ANIMAL CARE AND CONTROL FROM AREAS I
THE CITY OF BALDWIN PARK." Motion died due to a lack
of second.
It was moved and seconded to table the item. M/S/C: ITEM
LOWES/MCNEILL. There were no objections. TABLED
Assistant to the City Manager Volmert explained that LANDFILL
the staff report presents information regarding a RULES
request from the City of El Monte to support a PETITION
petition for rulemaking regarding inert landfills.
Assistant to the City Manager Volmert recommended that
the City Council consider the request from the City of
El Monte and determine what appropriate action is
required.
It was moved and seconded to approve the request from PETITION
the city of El Monte to support a petition for SUPPORT
rulemaking by the Regional Water Quality Control Board APPROVED
regarding inert landfills. M/S/C: IZELL/MCNEILL.
There were no objections.
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The meeting adjourned to Closed Session at 9:40 p.m. CLOSED
to consider personnel matters under Government Code SESSION
Section 54957.
The regular meeting of the City Council was back in BACK IN
session at 9:50 p.m. Roll Call remained the same. SESSION
city Attorney stated that no further action was taken
regarding personnel matters under Closed Session.
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It was moved and seconded to adjourn the regular MEETING
meeting of the City Council at 9:50 p.m. M/S/C: ADJOURNED
IZELL/MCNEILL. There were no objections. 9:50 P.M.
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