HomeMy WebLinkAbout1993 03 17 CC MIN1993 03 17 CC MINòw @˜ x ò CC MIN MAR 17 1993à›[Hå8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
MARCH 17, 1993
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 GALLEGOS, IZELL, ROLL CALL
MARTINEZ, MCNEILL, AND MAYOR VARGAS
ALSO PRESENT: City Manager Penman,
City Attorney Bower,
Interim Dir. of Administrative
Services Harvey,
Police Chief Lanza,
Dir. of Human Services Nunez,
Dir. of Public Works Mousavi,
City Treasurer Montenegro,
Deputy City Clerk Branek, and
City Clerk Gair
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Mayor Vargas read a proclamation declaring the month of PRESENTA-
April, 1993 as Earthquake Preparedness Month" and TIONS
presented it to City Manager Penman.
Mayor Vargas read a proclamation declaring April 5-11,
1993 as Public Health Week" and presented it to Elsa
BeD arano.
Mayor Vargas read a proclamation declaring the month of
March, 1993 as American Legion Auxiliary Hand-Up' For
The Homeless Month" and presented it to Community
Services Chairman, Pat Montgomery and Unit President,
Elena Bomar.
Mayor pro tern Gallegos presented Chaplain Preciado an
Award of Merit for the Veterans Family Service
corporation."
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City Attorney Bower stated that Government Code 54954.2 SUBSEQUENT
allowed items to be placed before Council as Subsequent NEED
Need." The City received a request after the posting of
the agenda, to send a letter supporting the City of
Alhambra's law suit against the State. Also, in order
to be prepared for possible civil unrest, an order needs
to be processed for riot helmets and gas masks for
the police.
It was moved and seconded to place the letter of support SUBSEQUENT
to the City of Alhambra and the purchase of riot Helmets NEED ITEMS
and Gas Masks on the agenda as Subsequent Need Items. APPROVED
M/S/C: MARTINEZ/GALLEGOS. There were no objections.
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ORAL COMMUNICATIONS
Mayor Vargas declared Oral Communications open and ORAL COMMU
invited those wishing to speak on any subject to come NICATIONS
forward. OPEN
Jessie Cardona, resident for seven years, stated that CARDONA
businesses should be forced to remove graffiti from
their buildings. He said that other cities impose a
fine on the homes that are neglected, and also inquired
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1993 03 17 CC MINòw @˜ x ò CC MIN MAR 17 1993à›[Hå8 REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 1993
OF THE CITY OF BALDWIN PARK PAGE TWO
about the Police Department's preparedness for civil
unrest.
Pam Schnabel, 14217 Los Angeles St., stated that in the SCHNABEL
past she has been struck by a bicyclist, and that a
bicyclist recently ran into a baby carriage. She
requested that horns be required on bicycles.
Greg Conde, 3002 Via Delores, spoke about the posted CONDE
truck route signs at the off ramps in Baldwin Park, a
citation he received for parking his truck on the
transmission shop property and the need for a place to
park large trucks.
Bill Van Cleave, 13232 Emery, stated that Saturday, VAN CLEAVE
March 20th will be Baldwin Park Beautiful Clean Up Day
and the need for people with vans or trucks to help. He
requested that the business owner not be held
responsible for the removal of graffiti. He agreed with
Gloria Molina, that parents need to be responsible for
the graffiti.
Jeanne Martens, 14847 Sierra way, Baldwin Park Beautiful MARTENS
Chairman, requested City officials participate with the
youth in the graffiti clean up. Three elementary
schools participated in the School Clean Up Program, and
on April 3rd, Central Elementary School will perform for
the people at the Spring-Fling Celebration.
Michael Jiminez, 3449 Baldwin Park Blvd., requested a JIMINEZ
stop sign on the corner of Baldwin Park Blvd. and
Foster.
There being no other speakers, Mayor Vargas declared CLOSED
Oral Communications closed.
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CONSENT CALENDAR
City Clerk Gair presented Consent Calendar A: CONSENT
CALENDAR A
1. Approval of Certificate of Posting for
February 23, 26 & 27, 1993 and March 17, 1993
2. Approve Minutes of February 26 & 27, 1993 and
March 3, 1993
3. Waive Further Reading and Adopt
RESOLUTION NO. 93-25 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report
February 28, 1993
5. Deny Claim Against The City
Isaac Camacho
Clifford Williams
6. Waive Further Reading and Adopt
RESOLUTION NO. 93-27 APPROVE APPLICATION
FOR LOCAL PORTION
FUNDS SB 821
SIDEWALK PROJECTS
FY 92-93
7. Waive Further Reading and Adopt
ORDINANCE NO. 1064 ADDING CHAPTER 17.33
Second Reading) WHICH ESTABLISHES TRIP
REDUCTION AND TRAVEL
DEMAND MEASURES IN
ACCORDANCE WITH STATE
GOVERNMENT CODE SECTIONS
65089 AND 65089.3
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1993 03 17 CC MINòw @˜ x ò CC MIN MAR 17 1993à›[Hå8 REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 1993
OF THE CITY OF BALDWIN PARK PAGE THREE
8. Approve Award of Bid Safe Route to School
FY 1993-94 CDBG Sidewalk Project CIP 282
Metro Builders & Engineers Group Ltd.
9. Approve Award of Bid UHF Radio Maintenance
Motorola Communications
10. a) Approve Contract Aerial Maps Airviews
b) Waive Further Reading and Adopt
RESOLUTION NO. 93-28 APPROVE BUDGET
AMENDMENT
11. Waive Further Reading and Adopt
RESOLUTION NO. 93-29 INITIATING PROCEEDINGS
FOR THE 1993-94 LEVY
OF ANNUAL ASSESSMENT
FOR THE CITY OF BALDWIN
PARK LANDSCAPING AND
LIGHTING ASSESSMENT
DISTRICT, AND ORDERING
THE PREPARATION OF A
REPORT PURSUANT TO THE
PROVISIONS OF DIVISION
15, PART 2, OF THE
STREETS AND HIGHWAYS
CODE OF THE STATE OF
CALIFORNIA
12. Waive Further Reading and Adopt
RESOLUTION NO. 93-30 AMENDING RESOLUTION NO.
91-50, FIXING THE
EMPLOYER' S CONTRIBUTION
UNDER PUBLIC EMPLOYEES'
MEDICAL & HOSPITAL CARE
ACT
Mayor Vargas requested Item No. 6 be removed for ITEM NO. 6
separate consideration. REMOVED
It was moved and seconded to approve Consent Calendar A CONSENT
Items No. 1-5 & 7-12 as presented. M/S/C: CALENDAR A
GALLEGOS/IZELL. There were no objections APPROVED
In response to Mayor Vargas, Public Works Director ITEM NO. 6
Mousavi stated that a letter had been sent to the School DISCUSSION
District and that they agreed with the sidewalk priority
list. He also stated that the bids had come in low and
that would enable more projects to be done.
It was moved and seconded to approve Item No. 6 as ITEM NO. 6
presented. M/S/C: MARTINEZ/IZELL. There were no APPROVED
objections.
City Clerk Gair presented Consent Calendar B: CONSENT
CALENDAR B
1. Waive Further Reading and Adopt
RESOLUTION NO. 93-26 ALLOWING CLAIMS AND
DEMAND AGAINST THE
CITY OF BALDWIN PARK
RELATING TO SOUTHERN
CALIFORNIA EDISON)
It was moved and seconded to approve Consent Calendar B CONSENT
as presented. M/S/C: GALLEGOS/IZELL. Councilman CALENDAR B
Martinez abstained due to a possible conflict of APPROVED
interest.
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1993 03 17 CC MINòw @˜ x ò CC MIN MAR 17 1993à›[Hå8 REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 1993
OF THE CITY OF BALDWIN PARK PAGE FOUR
PUBLIC HEARING
Mayor Vargas introduced the public hearing relating to PUBLIC
the Approval of Notice of Public Hearing on Ordinance HEARING
No. 1063, Adopting by Reference the 1991 Editions of INTRODUCED
the Uniform Housing Code and Uniform Solar Code, and
Deleting Certain Provisions of the City's Municipal Code
Which Previously Adopted A Uniform Sign Code."
Acting Building Official Cosgrove requested Council UNIFORM
approval to adopt the current editions of the Uniform HOUSING
Housing Code and the Uniform Solar Code, 1991. The CODE &
Uniform Codes are revised every three years and they may SOLAR CODE
be adopted by reference provided that prior to adoption 1991
a public hearing has been held.
Mayor Vargas declared the Public Hearing open and PUBLIC
invited those wishing to speak on this subject to come HEARING
forward. There were none. OPEN
Mayor Vargas declared the Public Hearing closed. CLOSED
It was moved and seconded to adopt Ordinance No. 1063, ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO. 1063
PARK, CALIFORNIA, ADOPTING BY REFERENCE THE 1991 SECOND
EDITIONS OF THE UNIFORM HOUSING CODE AND UNIFORM SOLAR READING)
CODE, AND DELETING CERTAIN PROVISIONS OF THE CITY'S ADOPTED
MUNICIPAL CODE WHICH PREVIOUSLY ADOPTED A UNIFORM SIGN
CODE." M/S/C: IZELL/GALLEGOS. There were no
objections.
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REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Assistant to the City Manager Volmert requested adoption PRESI-
of a resolution of support for the President's Economic DENT'S
Stimulus Plan. Council had requested that a resolution ECONOMIC
supporting the elements of the Plan be brought back for STIMULUS
approval. The report contained the most significant PLAN
elements and their impacts on the City. It was
recommended that Council adopt the resolution supporting
the President's Economic Stimulus Plan.
Mayor Vargas requested that the resolution supporting DISCUSSION
the President's Economic Stimulus Plan be FAX'd to both
United States Senators and our Congressman. Council
concurred.
It was moved and seconded to adopt Resolution No. 93- RESOLUTION
31, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 93-31
BALDWIN PARK SUPPORTING PRESIDENT CLINTON'S ECONOMIC ADOPTED
STIMULUS PLAN." M/S/C: MCNEILL/MARTINEZ. There were
no objections.
City Manager Penman requested approval of a financing FINANCING
agreement between the City and Agency to assist in the AGREEMENT
rehabilitation of the Shop N Town Center. The CITY &
obligation would be a City loan of $250,000 to the AGENCY
Agency. The Agency should be able to repay about
$160,000 this fiscal year and the remainder repaid in FY
1993-94, based on tax increment flows.
It was moved and seconded to approve the Financing FINANCING
Agreement between the City and Agency. M/S/C: AGREEMENT
MARTINEZ/GALLEGOS. There were no objections. APPROVED
City Manager Penman stated that at the Council meeting COUNCIL
of February 3, 1993, the Mayor presented a number of REQUESTS
ideas under the Council/Staff Requests and
Communications portion of the agenda. Several of the
items have been previously discussed. Staff is working
on the implementation of some of the requests, existing
programs address some of the requests, and several
suggestions impose some costs. As a part of the budget
process, a community Calendar of Events was suggested.
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1993 03 17 CC MINòw @˜ x ò CC MIN MAR 17 1993à›[Hå8 REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 1993
OF THE CITY OF BALDWIN PARK PAGE FIVE
Staff recommended that many of the new or expanded
programs be considered as part of the budget process.
The exceptions would be the Cinco de Mayo activity and
the public participation in the budget process.
It was moved and seconded that the new and expanded PROGRAM
programs be considered in the budget process. M/S/C: CONSIDERA-
MARTINEZ/IZELL. There were no objections. TION
APPROVED
p--
City Manager Penman recommended a funding source for SAN
membership in the San Gabriel Valley Commerce and Cities GABRIEL
Consortium. Staff identified two ways to pay the $7,500 VALLEY
Consortium dues, 40% from CDBG administrative monies and COMMERCE &
60% from the Redevelopment Agency. The City has CITIES
participated in Consortium sponsored programs and it CONSORTIUM
would be appropriate to pay its membership dues. It was
recommended that Council: 1) approve membership in the
San Gabriel Valley Commerce and Cities Consortium for FY
1992-93; and 2) approve the funding and adopt the budget
resolution appropriating the funds from the CDBG Program.
Council discussed the Chamber of Commerce membership in DISCUSSION
the Consortium, the number of cities and private
companies involved in the Consortium, and how they are
participating in the economic development in the valley.
Councilwoman McNeill stated her opposition to joining
the Consortium.
It was moved and seconded to approve membership in the MOTION
San Gabriel Valley Commerce and Cities Consortium for FY
1992-93 and adopt Resolution No. 93-32, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
THE BUDGET FOR THE CITY OF BALDWIN PARK FOR THE FISCAL
YEAR COMMENCING JULY 1, 1992 AND ENDING JUNE 30, 1993."
N/S: IZELL/MARTINEZ.
ROLL CALL: ROLL CALL
VOTE
AYES IZELL, MARTINEZ, GALLEGOS, MAYOR VARGAS
NOES MCNEILL RESOLUTION
NO. 93-32
ABSTAIN: NONE ADOPTED
City Manager Penman requested approval for the City to COUNTYWIDE
participate in the Countywide Clean Up on May 1st. CLEAN UP
Baldwin Park Beautiful has agreed to participate and the
City will coordinate the program of volunteers.
In response to Councilman Martinez, City Manager Penman DISCUSSION
stated that some overtime and comp time for the workers
would be required for the Countywide Clean Up. Council
concurred.
It was moved and seconded to allow Staff to move forward COUNTYWIDE
with coordinating the Countywide Clean Up. N/S/C: CLEAN UP
GALLEGOS/MARTINEZ. There were no objections. APPROVED
City Manager Penman stated that the City was notified on SUPPORT
March 16th regarding the action to support the City of ALHAMBRA
Alhambra in their lawsuit to request the State to honor
the homerule" principles of the constitution.
City Attorney Bower explained the function of SB 844, DISCUSSION
that the Tax Increment Funds will now go to the
Educational Revenue Augmentation Fund. There's no
guarantee that the Tax Increment money will be spent on
project areas where the tax increment money was
generated. Other cities are joining the Alhambra law
suit. A letter is needed to the Second Appelant Court
to take the matter into immediate consideration and not
wait for the appelant process.
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1993 03 17 CC MINòw @˜ x ò CC MIN MAR 17 1993à›[Hå8 REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 1993
OF THE CITY OF BALDWIN PARK PAGE SIX
Mayor pro tern Gallegos stated that copies of the brief
are available to all cities and interested cities can
file as a Friend of the Court.
It was moved and seconded to send a letter of support to LETTER OF
the City of Alhambra and to the Second Appelant District SUPPORT
Court. M/S/C: GALLEGOS/IZELL. There were no APPROVED
objections.
City Planner Onaga stated that Council had requested to DEVELOP-
review the City's standards regulating the height and MENT
placement of walls and fences on commercial and STANDARDS
industrial zoned properties as a result of a recent Zone WALLS &
Variance case ZV-602). The heighth and area FENCES
requirements, the purpose of prohibiting walls and
fences in some areas and the use of appropriate
landscaping and landscape buffers was explained. Staff
is currently preparing a change to the Code to establish
a procedure referred to as an administrative adjustment,
which is similar to a variance, and would allow some
flexibility in the Code. The Planning Commission will
conduct a public hearing and all amendments will be
included in the presentation to Council.
It was moved and seconded to receive and file the RECEIVE &
development standards for walls and fences report. FILE
fl/S/C: IZELL/MARTINEZ. There were no objections. REPORT
APPROVED
Director of Human Services Nunez requested Council CONCEPTUAL
approval of the conceptual design for the expansion and DESIGN FOR
renovation of Morgan Park. The conceptual design was MORGAN
based on an analysis of the previous master plan and PARK
through a community based consensus planning process. EXPANSION
The design addressed many needs indicated by residents
during the community meetings. The design would allow
the Senior Citizen Center to be expanded and this would
be a separate project. Staff recommended approval.
Mr. Green, Clark Green and Associates, presented an OVERVIEW
overview with charts and pictures of the Morgan Park
expansion.
It was moved and seconded to approve the conceptual CONCEPTUAL
design and authorize the architect to proceed with the DESIGN OF
construction documents for the expansion and renovation. MORGAN
MIS/C: MARTINEZ/MCNEILL. There were no objections. PARK
APPROVED
Director of Human Services Nunez requested approval to CINCO DE
coordinate a Cinco de Mayo/Cultural Festival. The City MAYO/
will concentrate on a larger scope of entertainment and CULTURAL
activities for the event. The Cinco de Mayo/Cultural FESTIVAL
Festival may coincide with the grand opening of the
Commuter Rail Station. The recommended date for the
festival was May 8th & 9th. Staff recommended that
Council approve and provide direction in the
coordination of the City's Cinco de Mayo/Cultural
Festival.
Council discussed alcohol and tobacco sponsorship for DISCUSSION
special functions, a three day art exhibit, the school
districts' restriction on any advertisements of alcohol
and tobacco. Council recommended pursuing a policy of
working with the private sector.
Mayor pro ten Gallegos requested a more detailed report DIRECTION
on the festival's expenditures. Council concurred.
Councilwoman McNeill made a motion to give up the idea MOTION
of using Miller Brewery or a tobacco company as sponsors DIES
for the event. Motion died due to the lack of a second.
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1993 03 17 CC MINòw @˜ x ò CC MIN MAR 17 1993à›[Hå8 REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 1993
OF THE CITY OF BALDWIN PARK PAGE SEVEN
Councilman Martinez recommended cultural booths with DIRECTION
food and games instead of information booths. Council
concurred.
Councilwoman McNeill made a motion that each MOTION
Councilperson raise $2,000 for the $10,000 needed for DIES
the event and not use a alcohol or tobacco sponsor.
Motion died due to lack of a second.
It was moved and seconded to proceed with the Cinco de CINCO DE
Mayo/ Cultural Festival and give latitude to Staff and MAYO/
to those involved to make decisions and to move forward CULTURAL
with the way the event is planned. M/S/C: FESTIVAL
MARTINEZ/IZELL. There were no objections. APPROVED
Chief of Police Lanza requested approval of a Police POLICE
Bicycle Patrol program for the City of Baldwin Park. BICYCLE
The Bicycle Patrol officers will work as a team and be PATROL
selected from existing staff. The Bicycle Patrol will PROGRAM
be able to make arrests, conduct investigations, take
reports and provide bicycling safety programs.
In response to Council, Chief Lanza stated that the DISCUSSION
officers would patrol Morgan Park, the business areas on
Ramona and Maine and the officers would ride the bikes
in three to four hour shifts and then return to their
cars.
It was moved and seconded to adopt Resolution No. 93- RESOLUTION
33, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 93-33
BALDWIN PARK AMENDING THE BUDGET FOR THE FISCAL YEAR ADOPTED
COMMENCING JULY 1, 1992 AND ENDING JUNE 30, 1993."
M/S/C: MCNEILL/GALLEGOS. There were no objections.
Chief of Police Lanza requested approval of a budget HELMETS &
amendment which would allow funds from the asset GAS MASKS
forfeiture revenue account to be used for the purchase
of riot helmets and gas masks. The helmets would offer
protection for riot situations and for disbursing large
parties. Three vendors were contacted and the lowest
total bid was $9,200. Staff recommended approval.
It was moved and seconded to waive the formal bidding RESOLUTION
procedure, to approve the purchase of the riot helmets NO. 93-34
from Lathrop's Shooter Supplies in Arizona and the APPROVED
purchase of the gas masks from Golden West Supply in
Monrovia and adopt Resolution No.93-34, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
THE BUDGET FOR THE CITY OF BALDWIN PARK FOR THE FISCAL
YEAR COMMENCING JULY 1, 1992 AND ENDING JUNE 30, 1993."
M/S/C: GALLEGOS/IZELL. There were no objections.
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COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Councilman Martinez requested an update on Ramona and MARTINEZ
Syracuse and the status on the enforcement problem with
the Cavette junk yard.
Mayor pro tem Gallegos requested April 8th at 7:30 or GALLEGOS
8:00 a,n. be set to meet with Hilda Solis. Council
concurred.
Mayor pro tem Gallegos requested March 25th at 8:00 a.m.
for the Agency to meet for the Hilton Hotel litigation.
Council concurred.
Councilman Martinez requested that April 14th be set MARTINEZ
aside for Council to meet with the Planning commission
at 7:00 p.m. in room #307. Council concurred.
Mayor pro tem Gallegos requested staff examine the truck GALLEGOS
parking issue and bring a report to Council. Council
concurred.
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1993 03 17 CC MINòw @˜ x ò CC MIN MAR 17 1993à›[Hå8 REGULAR MEETING OF THE CITY COUNCIL MARCH 17, 1993
OF THE CITY OF BALDWIN PARK PAGE EIGHT
City Manager Penman stated that the Americans for PENMAN
America have requested the City to support one of the
Marine units in Somalia which would involve a resolution
and letters from school children. Council concurred.
City Manager Penman stated that the business community
would meet with Council for an analysis of the City
Budget on March 30th at 8:00 a.m. at the Community
Center.
City Manager Penman stated that Carl Yeats would start
on April 5th as Director of Administrative Services.
Mayor Vargas stated that possibly a Town Hall Meeting VARGAS
would need to be scheduled the second week of April to
meet with Senator Feinstein
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The regular meeting of the City Council recessed at 9:56 RECESSED
p.m. 9:56 P.M.
The regular meeting of the City Council reconvened at RECONVENED
10:02 p.m. Roll call remained the same. 10:02 P.M.
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CLOSED SESSION
The regular meeting of the City Council adjourned to a CLOSED
Closed Session to consider formal litigation pursuant to SESSION
the Government Code regarding Buncio vs City of Baldwin
Park; Dominguez vs City of Baldwin Park; Johnson vs City
of Baldwin Park; and Ozbek vs City of Baldwin Park.
00-
The regular meeting of the City Councill was adjourned in MEETING
memory of Beverly Long and Jim Jirsa at 11:00 p.m. to ADJOURNED
an adjourned regular meeting on March 30th at 8:00 a.m. 11:00 P.M.
There were no objections.
LINDA L. GAIR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLERK
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