HomeMy WebLinkAbout1993 04 07 CC MIN1993 04 07 CC MINòw @˜ x ý CC MIN APR 7 1993[Þ›[Hð 8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
APRIL 7, 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, MARTINEZ, ROLL CALL
MCNEILL, AND MAYOR VARGAS
ALSO PRESENT: City Manager Penman,
City Attorney Bower,
Dir. of Administrative
Services Yeats,
Police Chief Lanza,
Dir. of Human Services Nunez,
Dir. of Public Works Mousavi,
Deputy City Clerk Branek, and
City Clerk Gair
00-
The absences of Councilman Izell and city Treasurer ABSENCE
Montenegro were excused. EXCUSED
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Mayor Vargas presented a Certificate of Appreciation PRESENTA-
from the California Legislature Assembly which Director TIONS
P of Human Services Nunez accepted on behalf of the GRAB
Crew, for Graffiti Removal and Making Baldwin Park a
4 Better Place to Live."
Mayor Vargas read a proclamation declaring the month of
April, 1993 as Community Services Month" and presented
it to Human services Commissioner Jess Leyson.
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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. There were none. OPEN
Mayor Vargas declared Oral communications closed. CLOSED
CONSENT CALENDAR
City Clerk Gair presented Consent Calendar A: CONSENT
CALENDAR A
1. Approval of Certificate of Posting for
April 7, 1993
2. Approve Minutes of March 17, 1993 and
March 10, 1993
n
3. Waive Further Reading and Adopt
RESOLUTION NO. 93-35 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Approve Award of Contract CDBG Street
Improvements CIP 285 Sully Miller
Contracting Company
5. Approve Appointment of Carl Yeats as
Director of Administrative Services
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1993 04 07 CC MINòw @˜ x ý CC MIN APR 7 1993[Þ›[Hð 8 REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 1993
OF THE CITY OF BALDWIN PARK PAGE TWO
6. Approve Amendment Foothill Transit Joint
Exercise of Powers Agreement
7. Approval of Labor Agreements
8. Waive Further Reading and Adopt
RESOLUTION NO.. 93-37 CALLING A PUBLIC HEARING
TO DETERMINE WHETHER
PUBLIC NECESSITY, HEALTH,
SAFETY, OR WELFARE
REQUIRES THE FORMATION OF
AN UNDERGROUND UTILITY
DISTRICT ALONG ROBIN
AVENUE, MORGAN STREET &
LAURENS AVENUE DISTRICT
NO. 93-1)
9. a) Approve Purchase of Training Satellite and
Video Dish Police Department
b) Waive Further Reading and Adopt
RESOLUTION NO. 93-36 APPROVE BUDGET
AMENDMENT
Item No. 8 was removed from Consent Calendar A and ITEM NO. 8
placed on Consent Calendar B due to a possible conflict REMOVED
of interest.
It was moved and seconded to approve Consent Calendar A CONSENT
Items No. 1-7 & 9 as presented. M/S/C: CALENDAR A
MCNEILL/GALLEGOS. There were no objections. APPROVED
City Clerk Gair presented Consent Calendar B:
1. Waive Further Reading and Adopt
RESOLUTION NO. 93-36 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
RELATING TO SOUTHERN
CALIFORNIA EDISON)
2. Waive Further Reading and Adopt
RESOLUTION NO. 93-37 CALLING A PUBLIC HEARING
TO DETERMINE WHETHER
PUBLIC NECESSITY, HEALTH,
SAFETY, OR WELFARE
REQUIRES THE FORMATION OF
AN UNDERGROUND UTILITY
DISTRICT ALONG ROBIN
AVENUE, MORGAN STREET &
LAURENS AVENUE DISTRICT
93-1)
It was moved and seconded to approve Consent Calendar B CONSENT
as presented. MIS/C: GALLEGOS/MCNEILL. Councilman CALENDAR B
Martinez abstained due to a possible conflict of APPROVED
interest.
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PUBLIC HEARING
Mayor Vargas introduced the public hearing relating to PUBLIC
the 19th Year Entitlement Program, to determine the HEARING
needs of low and moderate income persons and/or slum and INTRODUCED
blighted areas of the City."
Administrative Assistant Mimura stated that this public COMMUNITY
hearing was to solicit input from the public and DEVELOP-
determine the needs of low and moderate income persons, MENT
not to make a decision on fundings. At a public hearing BLOCK
on May 5th council will review the proposed statement of GRANT
Community Development objectives and at that meeting 19TH
Council will be requested to make the final decision. YEAR
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1993 04 07 CC MINòw @˜ x ý CC MIN APR 7 1993[Þ›[Hð 8 REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 1993
OF THE CITY OF BALDWIN PARK PAGE THREE
Mayor Vargas declared the Public Hearing open on the PUBLIC
19th Year Entitlement Program, CDBG, and invited those HEARING
wishing to speak on this subject to come forward. OPEN
Awilda Sanders, Chairperson for the CDBG Advisory SANDERS
Committee stated that the committee had worked hard and
hoped for a mutual agreement.
Those speaking in favor of funding for the Boys & Girls IN FAVOR
Club, because the subsidy allows them to keep their OF BOYS &
children there and because some families have had to GIRLS CLUB
withdraw due to increases, they would not be able to FUNDING
work and would be on welfare, and the need for more
funds for counseling, were:
Irma Silva, 4012 Hornbrook. SILVA
Celeste Richards, Foothill Transit bus driver. RICHARDS
Candi Carmichael, 4341 Cutler. CARMICHAEL
Steve Stoltz, 4341 Bresee, Director of Boys & Girls STOLTZ
Club.
Doug Parker, 4440 Center, licensed Marriage, Child, & PARKER
Family Counselor, is a consultant for the Boys & Girls
Club.
Lynn Wilson, 2402 Nadine, West Covina, Assistant WILSON
Director for the Boys & Girls Club.
Karen Pellitier, 3745 Merced. PELLITIER
In response to Mayor pro tem Gallegos, Director of the DISCUSSION
Boys & Girls Club Stoltz, explained the formula used to
subsidize families for daycare, and the families that
are not residents of Baldwin Park pay the full fee.
Applications to the United Way have been made for
additional funding.
Kay Rich, 14855 Pacific Avenue, Program Manager for RICH
Lutheran Social Services, thanked Council for the funds
that were given last year. She told of the number of
people helped with shelter, food and clothing. In the
future, programs in money management, hygiene and self-
esteem will be offered. Telephone calls and letters are
written for those that need assistance with SSI or food
stamps. The work load has increased to the point that a
part-time assistant is needed.
In response to Mayor pro tem Gallegos, Mrs. Rich stated DISCUSSION
that the Lutheran Services receives donations from Los
Pasados, FEMA and the United Way. She stated that she
had requested funds from West Covina, but they deny that
there are homeless or low income people in their city.
She stated that she works with the Pacific Clinic to
provide psychiatric counseling, either group or
private, at no charge.
Jeanne Martens, 14847 Sierra Way, expressed concern MARTENS
about reducing the funds for graffiti removal and stated
that Baldwin Park Beautiful can not pick up the
difference.
Eleanor Harder, Director of the Baldwin Park Food HARDER
Center, stated that the center only provides food for
the citizens of Baldwin Park and proof of residence is
required. Funding for the Food Center comes from the
church, FEMA and the Food For All Program. All workers
are volunteers and work five days a week from 10:00 a.m.
until 2:00 p.m.
In response to Mayor Vargas, Mrs. Harder explained that DISCUSSION
last year 19,000 families which consisted of the working
poor, FDC and the unemployed received food. It is not
uncommon for 4 5 homeless people a day to go to the
Center for food.
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1993 04 07 CC MINòw @˜ x ý CC MIN APR 7 1993[Þ›[Hð 8 REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 1993
OF THE CITY OF BALDWIN PARK PAGE FOUR
Roy Test, 15115 Kenoak, expressed his pleasure that the TEST
senior citizens were being considered for funding. He
explained the crowded conditions at the center.
Francisco De None, stated that he needs help finding DE NORIE
work.
There being no other speakers, Mayor Vargas declared the CLOSED
Public Hearing closed.
Mayor Vargas introduced the public hearing relating to PUBLIC
An appeal of the Planning Commission's decision to HEARING
approve a renewal of a modification of a conditional use INTRODUCED
permit, which allowed six 6) additional foster home
residents at an existing facility pursuant to Section
17.12.030 of the City Code; Case No. CP-314; Applicant:
Michael 0. Graham; Location: 12766-12770 Torch
Street." Appellant: Baldwin Park Unified School
District.
City Planner Onaga stated that the Eggleston's Youth CP-314
Center permit previously allowed twenty-eight residents. APPEAL
The Planning Commission imposed a two year time limit on
the conditional use permit that allowed an additional six
6) residents. He told of the appellant's opposition to
the request based on the proposed increase of a negative
fiscal impact on their budget and that they were not
properly notified of the public hearing. The Planning
Commission based their decision to grant the renewal on
the required findings of fact. Staff recommended that
Council adopt the Findings of Fact and approve the
requested renewal of the modification of the conditional
use permit, which would allow six 6) additional foster
home residents, totaling thirty-four 34) to remain at
the existing facility.
Mayor Vargas declared the public hearing open on the PUBLIC
appeal of CP-314 and invited those wishing to speak to HEARING
come forward. OPEN
Dr. Larry Kemper, representing the Baldwin Park Unified KEMPER
School District, 3599 Holly, expressed concern about 1)
decisions involving a direct impact on the school
district; 2) the conditional use permit was approved in
1991 without notifying the school district about the
possible impact; 3) when the Planning Commission
revisited the issue the school district was left out of
the decision; 4) the district finding out, by accident,
the issue was on the Commission's agenda and a request
to delay to study the impact was refused; and 5) at no
time did Eggleston's discuss the additional impact on
the district. He explained that Eggleston's has thirty-
four 34) students at the Torch Street address and two
satellite homes with six 6) students each. Baldwin
Park Unified School District is required to pay the cost
of each student with special education needs that
resides in the City, no matter what school district the
student attends.
He stated that the district did not want the conditional
use permit denied, but in consideration of the district,
he requested: 1) in the future that all City
Commissions and City Staff inform the school district,
in a timely manner, of matters that impact the district;
2) in the issuance of the conditional use permit for
Eggleston's that they abide by Government Code 7579; 3)
that Eggleston's provide a monthly list of the names of
the children and the placing agencies of children with
special educational needs; 4) that transportation time
be 30 minutes within the district and 60 minutes outside
the district; and 5) that the permit be subject to an
annual review. He also requested the City Council to
waive the fee for appeal.
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OF THE CITY OF BALDWIN PARK PAGE FIVE
Alfredo Cedino, 3114 Marlinda, stated that he has a CEDINO
video relating to a major problem at Eggleston's that
involved calling outside agencies to put the unrest
down. He felt that 30 people living at Eggleston's will
cause more problems. He also stated that everyone in
the area has complained about the home, people jump the
wall, children return to the home as late as 5:00 a.m.
and if the problems continue, the community will arm
themselves.
Clarence Brown, 12766 Torch Street, stated that BROWN
Eggleston's works with several districts, that the home
does not have any physically handicapped and only 5
children have been in special education classes. The
State reimburses money spent on tuition based on the
number of beds.
Floranti Taugonan, Social Worker for the County of Los TAUGONAN
Angeles, explained the program created by the Board of
Supervisors and their support of Eggleston's.
Others speaking in favor of the conditional use permit IN FAVOR
for Egglestons, because it would be discrimination by OF EXPAND-
the school district not to allow the extra students, and ING HOME
special education students should be educated by the
district, and students from the homes become honor
students and go on to college, and throw-away kids have
a safe place to live, were:
Robert Ochoa-Schutz, 637 Park Shadows. OCHOA-
SCHUTZ
Manuel Lozano, 14509 Hallwood. LOZANO
Rene La Madrid, 2524 Plaza Serrano, Rialto, counselor LA MADRID
at Eggleston's.
Lavore Molden, 3690 Summer Lane. MOLDEN
Jose Ramos, 4944 Cutler. CULLER
Shawn Shea, representing the satellite homes. SHEA
A Minor from EYC2, a resident of Eggleston's. A MINOR
Ronald Hufford, lives at Eggleston's. HUFFORD
Danny Garcia, employee of Eggleston's. GARCIA
Alfonso Johnson, Eggleston's. JOHNSON
There being no other speakers, Mayor Vargas declared the CLOSED
public hearing closed.
Mayor Vargas stated that the school district has not DISCUSSION
requested the City Council deny the conditional use
permit, they are asking for consideration of additional
stipulations. Some stipulations would require the
concurrence of Council, school district and Egglestons.
At a later date some requests could be considered by the
three parties.
It was moved and seconded to adopt Resolution No. 93-39, RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO. 93-39
PARK APPROVING THE RENEWAL OF THE MODIFICATION TO ADOPTED
AN EXISTING CONDITIONAL USE PERMIT APPLICANT: MICHAEL APPEAL
0. GRAHAM; LOCATION: 12766-12770 TORCH STREET; CASE DENIED)
NO: CP-314)," to deny the appeal and waive the filing
fee. N/S/C: MCNEILL/MARTINEZ. There were no
objections.
Council felt that this issue was an unfortunate DISCUSSION
breakdown in communications between the city and the AND
district. Mayor Vargas expressed his hope that this DIRECTION
will lead to an improved working relationship between
the City and the district. No binding resolutions can
be developed for the issues requested by the district.
He requested that the City Manager schedule a meeting
between the City, school district and Egglestons
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1993 04 07 CC MINòw @˜ x ý CC MIN APR 7 1993[Þ›[Hð 8 REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 1993
OF THE CITY OF BALDWIN PARK PAGE SIX
regarding some of the requests that might be
controversial. Council concurred.
REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
Assistant to the City Manager Volmert requested Council I-10/60
adopt a resolution supporting a priority status for the CORRIDOR
selection of the I-10 light rail line from Los Angeles LIGHT RAIL
to El Monte/Baldwin Park to be funded by the LINE
Metropolitan Transit Authority within the next decade.
The I-10 corridor would have lower costs and a higher
patronage based on the MTA modeling methods. The I-10
route would run from Union Station to a point just west
of the 605 freeway. The City of West Covina indicated
that they would be interested in extending the project
to their city. If the I-10 corridor is selected, the
City would be asked to contribute $10,000 from its
transportation funds towards the environmental impact
report. It was recommended that Council adopt a
resolution supporting the light rail line from Los
Angeles to El Monte/Baldwin Park
It was moved and seconded to adopt Resolution No. 93- RESOLUTION
40, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 93-40
BALDWIN PARK IN SUPPORT OF THE SELECTION OF THE I-10 ADOPTED
LIGHT RAIL CANDIDATE CORRIDOR FOR FUNDING BY THE
METROPOLITAN TRANSPORTATION AUTHORITY WITHIN THE NEXT
DECADE." N/S/C: GALLEGOS/MCNEILL. There were no
objections.
Assistant to the City Manager Volmert requested SB 684
consideration of information regarding SB 684 Torres) PAY AT
relating to automobile insurance funding reform through THE
gasoline and vehicle registration premium collection. PUMP
SB 684 contains provisions aimed at reducing or INSURANCE
eliminating the deep pocket problem, the high costs of
insurance coverage, the uninsured motorist and insurance
redlining.
Staff did not have a recommendation or position NO RECOM-
regarding SB 684 Torres) relating to auto insurance MENDATION
funding reform.
Mayor Vargas requested staff send a letter to Senator DIRECTION
Torres requesting a public hearing be held in Baldwin
Park regarding the pay at the pump insurance. Council
concurred.
Councilman Martinez requested that all the insurance DIRECTION
agents in the area be notified regarding the public
hearings relating to insurance. Council concurred.
Assistant to the City Manager Volmert requested Council LEGISLA-
take a position on a number of bills important to the TION:
City of Baldwin Park, in accordance with existing SUPPORT
policy. She gave a brief description of each bill and FEDERAL
the reasons for support or opposition. It was MANDATE
recommended that Council support the Federal Mandate RELIEF ACT
Relief Act, SB 501, SB 1140, and AB 418, oppose SB 36, SB 501, SB
and authorize the Mayor to communicate these positions 418 &
to the appropriate organizations and individuals. OPPOSE
SB 36
It was moved and second to support the Federal Mandate LEGISLA-
Relief Act, SB 501, SB 1140 and AB 418, oppose SB 36 and TIVE
authorize the Mayor to communicate these positions to BILLS
the appropriate organizations and individuals. N/S/C: APPROVED
MARTINEZ/MCNEILL. There were no objections.
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OF THE CITY OF BALDWIN PARK PAGE SEVEN
In response to Councilman Martinez's comment, City DISCUSSION
Manager Penman stated that Council needed to take a
position to support the extension of the 1/2% sales tax
based on the per capita rather than the point of sale.
The City needs a commitment from Assemblywoman Solis
that some of the funds would come back to the cities.
Assistant to the City Manager Volmert requested Council RECYCLING
support a grant application by the East San Gabriel MARKET DEV
Valley Integrated Waste Management Authority ESGVIWMA) ELOPMENT/
to the Metropolitan Transportation Authority CMTA) to TRANSPORTA
reduce traffic congestion by creating jobs in the TION
region, specifically jobs relating to new car expanded DEMAND
manufacturing utilizing recycled products. The INTEGRA
application details a number of tasks to be completed TION
including the selection of the initial transit emphasis
areas to be developed, a study of the labor supply and
demand in the East San Gabriel Valley, and the
development of a menu of transportation demand
strategies.
It was moved and seconded that Council support the STRATEGIC
Strategic Growth Management grant application from the GROWTH
ESGVIWMA to the MTA and communicate that support to the MANAGEMENT
Board of Directors of the MTA and the members of the GRANT AP-
ESGVIWMA. M/S/C: GALLEGOS/ MARTINEZ. There were no PLICATION
objections. APPROVED
City Manager Penman requested Council approval to UNITED
adopt" the United States Marine Corps 1st Battalion, STATES
7th Marines. Americans Supporting Americans, which was MARINE
formed during the Vietnam War, contacted the City about CORPS 1ST
adopting the battalion who are deployed in Somalia. The BATTALION
adoption would involve a community effort to provide the 7TH
moral support. The Youth Committee within the Human
Services Department be the designated group to work with
the veterans program. The Youth Commission will meet on
April 12th and discuss ways to provide moral support to
the Marine Corps.
It was moved and seconded to adopt Resolution No. 93- RESOLUTION
41, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 93-41
BALDWIN PARK, CALIFORNIA, ADOPTING A COMPANY OF THE APPROVED
UNITED STATES MARINE CORPS; PROVIDING AN EFFECTIVE
DATE." MIS/C: GALLEGOS/MARTINEZ. There were no
objections.
Director of Public Works Mousavi requested Council SANITARY
authorize the formation of a Sanitary Sewer Assessment SEWER
District, and direct staff to prepare an Engineer's ASSESS-
Report." Ninety-four per cent 94%) of the property MENT
owners on Ohio Street and Kenmore Avenue within the
project area have signed a petition requesting that the
City initiate an assessment district in order to finance
the construction of the sanitary sewer main line and
individual house laterals for their neighborhood. The
construction costs would be equally distributed against
the benefited properties over a period of time. The
preliminary cost estimate is $90,000 and the Assessment
District can be funded through Bond Financing.
It was moved and seconded to authorize the formation of RESOLUTION
a sanitary sewer assessment district on Ohio Street and NO. 93-41
Kenmore Avenue located north of Los Angeles Street APPROVED
between Merced Avenue and Walnut Street, to direct staff
to prepare an Engineer's Report" and adopt Resolution
No. 93-41, A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK DECLARING ITS INTENTION TO ORDER
THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED
ASSESSMENT DISTRICT NO. 93-1." fl/S/C:
MCNEILL/MARTINEZ. There were no objections.
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OF THE CITY OF BALDWIN PARK PAGE EIGHT
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Councilman Martinez commended the Department Heads on MARTINEZ
their involvement in the community. He requested
setting a policy for Councilmembers that serve on boards
and agencies that have contracts with the city.
Councilwoman McNeill stated that from the beginning of MCNEILL
the Boys and Girls Club, there has been involvement of
Councilpeople. She further stated that she had checked
with the City Attorney about a possible conflict of
interest before accepting her position on the board for
the Boys and Girls Club.
Mayor Vargas requested that the City Attorney see if VARGAS
there is a problem with a City employee or City
Councilmember serving on any organization that has a
contract with the City. Council concurred.
City Manager Penman announced 1) That tonights meeting PENMAN
would be adjourned to a breakfast meeting on April 8th
with Assemblywoman Hilda Solis at the Hilton Hotel, and
that meeting will be adjourned to a Study Session on
April 14th at 7:00 p.m. with the Planning Commission;
2) A Town Hall Meeting has been scheduled for Tuesday,
April 27th at 7:00 p.m.in the Council Chambers; 3) Chief
Lanza is working on a Town Hall Meeting for May 11th at
7:00 p.m. concerning Neighborhood Watch issues; and 4)
May 22nd has been scheduled for the Metro Link opening
along with the Public Works and the Police Department's
Open House.
City Clerk Gair stated; 1) That committee assignments GAIR
would be mailed to Council because next meeting Council
will reorganize; and 2) A new agenda package is being
developed.
Mayor pro tem Gallegos requested a detailed report from GALLEGOS
Chief Lanza regarding graffiti enforcement. Council
concurred.
Councilman Martinez stated that the GRAB crew would be MARTINEZ
moving to the Public Work's Department and he thanked
Human Services Director Nunez for all his work with the
crew.
00-
The regular meeting of the City Council was recessed at RECESSED
9:46 p.m. 9:46 P.M.
The regular meeting of the City Council reconvened at RECONVENED
9:50 p.m. Roll call remained the same. 9:50 P.M.
00-
CLOSED SESSION
The regular meeting of the City Council adjourned to a CLOSED
Closed Session to consider pursuant to Government Code SESSION
54956.8, regarding instructions to the City's negotiator
regarding negotiations on three properties concerning
the sale/lease, exchange or purchase of properties
located at 13916 Garvey, negotiations with Mr. Bigamy,
4281 Maine, negotiations with Mr. Kallins, and property
at the corner of Dalewood and Puente offramp,
negotiations are with Mr. Dean Cook; pursuant to
Government Code 54956.9(a), to discuss pending
litigation which has been formally initiated, BPIA vs
City of Baldwin Park and the Redevelopment Agency of
Baldwin Park; and pursuant to Government Code 54957.6,
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1993 04 07 CC MINòw @˜ x ý CC MIN APR 7 1993[Þ›[Hð 8REGULAR MEETING OF THE CITY COUNCIL APRIL 7, 1993
OF THE CITY OF BALDWIN PARK PAGE NINE
to give instructions to the negotiator regarding labor
relations.
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The regular meeting of the City Council was adjourned at MEETING
at 10:58 p.m. to an adjourned regular meeting on April ADJOURNED
8, 1993 at 8:00 a.m. There were no objections. 10:58 P.M.
LINDA L. GAIR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLERK
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