HomeMy WebLinkAbout1993 07 07 CC MIN1993 07 07 CC MINòw @˜ y CC MIN JUL 7 1993[Þ›[H¡8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVE, WEDNESDAY,
JULY 7, 1993 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 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,
Acting Dir. of Public Works
Idnani, and
City Clerk Gair
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Mayor Vargas read the proclamation July Is Parks and PROCLAMA
Recreation Month" and presented it to Human Services TION
Commissioner Jess Leyson.
Police Officer Chris Carlos, who is leaving the police SPECIAL
department to become a priest, was honored with an Award AWARDS
of Merit from the City and Certificates of Recognition
from the Offices of Congressman Matthew Martinez,
F Senator Art Torres, Assemblywoman Solis and Supervisor
Councilmembers congratulated Officer Carlos on the
excellent work he has done for the City and the youth
and commended him for his choice in changing careers.
Officer Carlos thanked the Council and explained his
motivation for going into the priesthood. He also felt
the City was his home away from home and promised to
return.
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ORAL COMMUNICATION
Mayor Vargas declared Oral Communications open and ORAL COMMU
invited those wishing to speak on any subject to come NICATIONS
forward. OPEN
Sandi Lucas, 4442 Bresee, requested that City employees LUCAS
send persons wishing to obtain a work permit to the
School District Office.
Pam Schnabel, 14217 Los Angeles, thanked the Mayor and SCHNABEL
Mayor pro tem for coming to the Senior Citizen's
Father's Day Dance and Public Works Director Mousavi for
his help in the Senior's building.
Jeanne Martens, 14847 Sierra Way, Baldwin Park Beautiful MARTENS
Chairman, requested permission for the group BPB) to
join with the Neighborhood Watch meetings to promote the
graffiti removal program.
Bill Van Cleave, 13232 Emery, thanked the police for VAN CLEAVE
their efforts on the Garvey Strip, but stated that the
problem is so overwhelming that the businesses in the
area may not renew their leases or be able to stay in
business, because the neighborhood needs so much help.
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1993 07 07 CC MINòw @˜ y CC MIN JUL 7 1993[Þ›[H¡8 REGULAR MEETING OF THE CITY COUNCIL JULY 7, 1993
OF THE CITY OF BALDWIN PARK PAGE TWO
Those persons speaking regarding the situation on the
Garvey Strip, the problems that they encounter in that
area, the danger to the children, the threats of
violence toward them and the selling of drugs in the
area, were:
Joseph Cody, Lakewood, owner of 12975 Bess CODY
Dolores Chavez, 12969 Bess, manager of 12975 Bess CHAVEZ
Maureen Galvan, 12975 Bess GALVAN
Emma Mooneyham, 3116 Mangum MOONEYHAM
There being no other speakers, Mayor Vargas declared CLOSED
Oral Communications closed.
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CONSENT CALENDAR CONSENT
CALENDAR
City Clerk Gair presented Consent Calendar A: CONSENT
CALENDAR A
1. Approval of Certificate of Posting for
July 7, 1993
2. Approve Minutes of May 26, 1993, June 2, 1993,
June 16, 1993, June 23, 1993 and June 28, 1993
3. Waive Further Reading and Adopt
RESOLUTION NO. 93-71 ALLOWING CLAIMS AND
DEMANDS AGAINST THE
CITY OF BALDWIN PARK
4. Deny Claim Against the City
Baltazar Ochoa
5. Waive Further Reading and Adopt
RESOLUTION NO. 93-73 SETTING ANNUAL
APPROPRIATIONS LIMIT
6. Approve Amendment to Agreement
Dial-A-Ride Services
It was moved and seconded to approve Consent Calendar A CONSENT
as presented. MCNEILL/GALLEGOS. There were no CALENDAR A
objections. APPROVED
City Clerk Gair presented Consent Calendar B: CONSENT
CALENDAR B
1. Waive Further Reading and Adopt
RESOLUTION NO. 93-72 ALLOWING CLAIMS AND
DEMANDS 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/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 Citywide Business Improvement Assessment, FY 1993- HEARING
1994, & Annual Agreement withe Chamber of Commerce." INTRODUCED
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1993 07 07 CC MINòw @˜ y CC MIN JUL 7 1993[Þ›[H¡8 REGULAR MEETING OF THE CITY COUNCIL JULY 7, 1993
OF THE CITY OF BALDWIN PARK PAGE THREE
City Manager Penman stated that the Council is being CITYWIDE
asked to approve the Assessment District AB 1693) for ASSESSMENT
FY 1993-94 and the annual agreement with the Chamber of AB 1693)
Commerce. He outlined the work program that has been & CHAMBER
submitted by the chamber and the activities that the AGREEMENT
chamber will continue to provide. The annual parade
this year will be held by the City and the School
District.
He further explained that the agreement allows for
$130,000 to be received by the chamber from AB 1693, but
Council has previously approved a $10,000 advance to the
chamber. The City will be repaid the $10,000 from
assessment funds and the chamber will receive up to
$120,000, if less is collected the chamber will receive
less. The advisory board and chamber have agreed that
the chamber should provide more services to the business
community.
Mayor Vargas declared the Public Hearing open on the FY PUBLIC
1993-94 Citywide Business Improvement Assessment AB HEARING
1693) & the Annual Agreement with the Chamber of OPEN
Commerce and invited those wishing to speak on this
subject to come forward.
Richard Nichols, Executive Director Chamber of NICHOLS
Commerce, 4141 N. Maine, stated that the chamber
appreciates the dialogue with the City. The Board of
Directors has held planning meetings getting into
business involvement.
Albert Sanders, 4421 Stewart, criticized the amount of SANDERS
money being given to the chamber. He felt that a
reduction in business license fees would be of greater
benefit to the businessman.
Ten Muse, 703 Park Shadows, President, Chamber of MUSE
Commerce, thanked those persons who worked out the goals
relating to the agreement. She expressed her hope that
the sales tax can be increased and that the community
can benefit.
Jeanne Martens, 14847 Sierra Way, is impressed with the MARTENS
direction the City is going. As a businessperson in the
City she is pleased to pay the assessment fee and is
grateful for the chamber being sensitive to the
community.
There being no other speakers, Mayor Vargas declared the CLOSED
Public Hearing closed.
It was moved and seconded to adopt Resolution No. 93- RESOLUTION
74, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 93-74
BALDWIN PARK CONFIRMING THE ADVISORY BOARD'S REPORT AND ADOPTED &
LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE CHAMBER
ASSESSMENT DISTRICT FOR FISCAL YEAR 1993-94," and AGREEMENT
approving the Annual Agreement with the Chamber of APPROVED
Commerce. M/S/C: GALLEGOS/MCNEILL. There were no
objections.
In response to Councilman Martinez's inquiry, City CITY
Manager Penman explained that the AB 1693 funds are MANAGER
eligible for Concerts in the Park, but the emphasis at RESPONSE
this time was for providing programs of the greatest
benefit to the businesses in the entire community and
to provide a broad range of activities.
Mayor Vargas introduced the Public Hearing on, The PUBLIC
Fourth Amendment to the Disposition and Development HEARING
Agreement With Stanley W. Gribble and Associates." INTRODUCED
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1993 07 07 CC MINòw @˜ y CC MIN JUL 7 1993[Þ›[H¡8REGULAR MEETING OF THE CITY COUNCIL JULY 7, 1993
OF THE CITY OF BALDWIN PARK PAGE FOUR
City Manager Penman explained the agreement made in 1984 FOURTH
and the losses that were incurred. Once the City AMENDMENT
stopped paying the losses litigation insued. The Fourth DDA
Amendment rectifies the problems associated with the GRIBBLE
former agreement. He outlined the committment made and HOTEL)
pledges that the City will abide by and the dollar
amounts.
He further explained that exposure is now eliminated to
the Agency and proceeding with litigation is costly.
This is an equitable solution to the situation related
to the Hotel. Also, this issue was presented in
bankruptcy court recently and the new restructuring for
the Hotel was approved. He stated that this is a good
agreement and amendment for the City and Staff
recommends approval.
Mayor Vargas declared the Public Hearing open on The PUBLIC
Fourth Amendment to the DDA with Stanley W. Gribble," HEARING
and invited those wishing to speak on this subject to OPEN
come forward. There were none.
Mayor Vargas declared the Public Hearing closed. CLOSED
It was moved and seconded to approve the Fourth DDA FOURTH
Amendment to the DDA on the hotel project in the Puente- AMENDMENT
Merced Redevelopment Area. APPROVED
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REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES
City Manager Penman explained that the financing TOT
agreement on the Transient Occupancy Tax TOT) is a FINANCING
followup to the DDA. The TOT tax is pledged back to the AGREEMENT
Hotel and the ordinance has a 180 day waiting period
from the beginning of the next quarter. The City
receives the TOT loan to the Agency and a mechanism is
needed to implement the pledge of TOT as required by the
DDA. The TOT, property tax, and sales tax were pledged
on the original DDA so this is not new and there is a
cap.
It was moved and seconded to adopt Resolution No. 93- RESOLUTION
75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 93-75
BALDWIN PARK APPROVING A FINANCING AGREEMENT AND ADOPTED
PROMISSORY NOTE BETWEEN THE CITY OF BALDWIN PARK AND THE
BALDWIN PARK REDEVELOPMENT AGENCY." M/S/C:
GALLEGOS/MARTINEZ. There were no objections.
Hans Van Ligten, Rutan & Tucker, City Attorney HOTEL
representative, explained the parties involved in the SETTLEMENT
Hotel settlement and stated that the only obligation to
remain will be the obligation under the Fourth Amendment
to the DDA.
It was moved and seconded to approve the settlement SETTLEMENT
agreement relating to the Hilton Hotel. M/S/C: APPROVED
MARTINEZ/GALLEGOS. There were no objections.
City Manager Penman explained the issuance, by the ISSUANCE
Redevelopment Agency, of Variable Rate Demand 1993 OF BONDS
Refund Revenue Bonds for the Baldwin Park Hotel Project. HOTEL)
He stated that the amount of the bonds issued will be
Fifteen Million Five Hundred Thousand $15,500,000) for
refinancing and the Agency was able to take advantage of
the lower interest rate.
Don Hunt, Saybrook Capital Corp., stated that the
financing is issued through the Redevelopment Agency.
The City and the Agency have no financial obligation,
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1993 07 07 CC MINòw @˜ y CC MIN JUL 7 1993[Þ›[H¡8 REGULAR MEETING OF THE CITY COUNCIL JULY 7, 1993
OF THE CITY OF BALDWIN PARK PAGE Six
appointment and/or reappointment was outlined for
certain offices, and the acceptance of reappointment by
present commissioners was confirmed. Three separate
resolutions are necessary for the
appointing/reappointing of the commissioners.
Discussion was held regarding requesting the two Housing DISCUSSION
Commissioners, whose terms have not expired, to resign
and to make all appointments/reappointments to the
Housing Commission in September. This will allow the
new Director of Community Development to have some input
on the goals and objectives for the Housing Commission
prior to the selection of the commissioners.
It was moved and seconded to terminate all Housing HOUSING
Commission Offices with the effective date of COMMISSION
termination being at the September meeting when OFFICES
appointments/reappointments will be made. M/S/C: TERMINATED
VARGAS/MARTINEZ. There were no objections. SEPT.)
Councilman Martinez requested that the City Clerk DIRECTION
agressively advertise for these positions on CATV, the
NOW, and the newspaper.
It was moved and seconded to appoint Ten Muse to Office NOMINATE
No. 4 of the Human Services Commission. M/S/C: MUSE
GALLEGOS/MARTINEZ. There were no objections.
It was moved and seconded to appoint Helen Robles to NOMINATE
Office NO. 5 of the Human Services Commission. M/S/C: ROBLES
MARTINEZ/ VARGAS. There were no objections.
It was moved and seconded to adopt Resolution No. 93-78, RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN NO. 93-78
PARK APPOINTING MEMBERS TO THE HUMAN SERVICES COMMISSION ADOPTED
OF THE CITY OF BALDWIN PARK." Muse & Robles) M/S/C: HUMAN
GALLEGOS/VARGAS. There were no objections SERVICES
It was moved and seconded to reappoint Ed Huetinck to REAPPOINT
Office No. 1 of the Planning Commission. M/S/C: HUETINCK
MARTINEZ/GALLEGOS. There were no objections.
It was moved and seconded to nominate Dolores Holguin to NOMINATE
Office No. 2 of the Planning Commission. M/S/C: HOLGUIN
VARGAS/MARTINEZ. There were no objections.
It was moved and seconded to adopt Resolution No. 93- RESOLUTION
79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 93-79
BALDWIN PARK APPOINTING MEMBERS TO THE PLANNING ADOPTED
COMMISSION OF THE CITY OF BALDWIN PARK." Huetinck & PLANNING
Holguin) M/S/C: GALLEGOS/MARTINEZ. There were no
objections.
City Clerk Gair stated that the appointment of Dolores PERSONNEL
Holguin to Planning Commission creates an Unscheduled COMMISSION
Vacancy on the Personnel Commission and that this would VACANCY
be properly noticed with the other notice for Housing
Commissioners in order to make all appointments in
September.
Director of Human Services Nunez stated that the City of PROP A
Industry was the only city interested in exchanging EXCHANGE-
funds at $.60 on the $1.00 for Prop A funds. This will INDUSTRY
give the City $90,000 in unrestricted general funds.
It was moved and seconded to approve the exchange of PROP A
$150,000 in Proposition A funds for $90,000 in EXCHANGE
unrestricted general funds from the City of Industry and APPROVED
that the Council authorize the City Manager to execute
the Proposition A Assignment Agreement.
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1993 07 07 CC MINòw @˜ y CC MIN JUL 7 1993[Þ›[H¡8 REGULAR MEETING OF THE CITY COUNCIL JULY 7, 1993
OF THE CITY OF BALDWIN PARK PAGE FIVE
because First Interstate Bank FIB) will guarantee the
bonds. The revenue from the Hotel and the guarantee
from FIB are the securities for the bond holders.
It was moved and seconded to adopt Resolution No. 93-76, RESOLUTION
A RESOLUTION OF THE CITY OF BALDWIN PARK, CALIFORNIA NO. 93-76
APPROVING THE ISSUANCE BY THE BALDWIN PARK REDEVELOPMENT ADOPTED
AGENCY VARIABLE RATE DEMAND 1993 REFUNDING REVENUE BONDS
BALDWIN PARK HOTEL PROJECT) AND MAKING CERTAIN
DETERMINATIONS RELATING THERETO."
MARTINEZ/GALLEGOS. There were no objections. N/S/C:
City Manager Penman explained that Council is requested POOLED
to adopt a resolution, in support of a change in the SALES TAX
method of distributing pooled sales tax dollars, to be REDISTRI-
forwarded to the Resolution Committee of the L.A. BUTION
Division of the League of California Cities. The
present method of distributing pooled sales is based on
an unfair formula and a change in the law would allocate
the monies on a per capita basis. This change should
create a net gain to the City of about $390,000.
It was moved and seconded to adopt Resolution No. 93- RESOLUTION
77, A RESOLUTION SUPPORTING A REDISTRIBUTION OF NO. 93-77
UNALLOCATED OR POOL SALES TAX ON A PER CAPITA FORMULA." ADOPTED
M/S/C: VARGAS/MCNEILL. There were no objections.
Mayor pro tem Gallegos, member of the Resolution STATEMENT
Committee for the League, stated that he would be a
strong and vocal advocate of this proposal at the July
29th meeting.
City Manager Penman explained the history of the INCUBATOR
Incubator Building as it has been occupied by the BUILDING
Chamber of Commerce and the Optometric College. The LEASE
college has two years remaining on their lease and all
improvements made by the college belong to the City. A
new optometrist, Dr. Hernandez, is willing to negotiate
a new lease which would provide the City with $2,240 per
month in rent. The new contract is consistent with the
CDBG plan and the doctor will attempt to hire Baldwin
Park residents. One month free rent is being offered as
a start-up.
It was moved and seconded to approve in concept the LEASE
termination of the lease with the Optometry College and APPROVED
enter a new agreement with Dr. Hernandez under the
terms identified and to direct Staff and City Attorney
to prepare the necessary agreements to implement these
directives. M/S/C: GALLEGOS/MCNEILL. There were no
objections.
In response to Council inquiries, City Manager Penman DISCUSSION
stated that he was not sure of the value of the building
if it was purchased from the City, that the rental
monies do become program income, the tenant pays for
internal maintenance, and staff would make a
recommendation regarding the spending of the program
income.
Mayor Vargas recessed the regular meeting of the City RECESS
Council at 8:55 p.m.
The regular meeting of the City Council was reconvened IN SESSION
by the Mayor at 9:05 p.m. Roll Call remained the same.
City Clerk Gair explained the offices that expired on COMMISSION
June 30, 1993 for the Housing Commission, Human Services APPOINT-
Commission and the Planning Commission. The process for MENTS
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1993 07 07 CC MINòw @˜ y CC MIN JUL 7 1993[Þ›[H¡8REGULAR MEETING OF THE CITY COUNCIL JULY 7, 1993
OF THE CITY OF BALDWIN PARK PAGE SEVEN
Acting Director of Public Works Idnani requested Council SLURRY
authorization to advertise for the Slurry Seal Project. SEAL
It was moved and seconded to authorize staff to ADVERTISE
advertise and solicit bids for the construction of the BIDS
Slurry Seal Project 1993-94, CIP 289. M/S/C: APPROVED
MARTINEZ/MCNEILL. There were no objections.
Acting Director of Public Works Idnani explained that MORGAN
Clark Green associates has now completed the plans, PARK
specifications and bidding documents for the expansion EXPANSION
of Morgan Park. Council authorization is needed to
advertise for bids and to approve the design.
It was moved and seconded to authorize the City Staff to DESIGN &
advertise and solicit bids for the reconstruction and ADVERTISE
expansion of the Morgan Park Project and to approve the FOR BIDS
design of the project. M/S/C: MARTINEZ/ GALLEGOS. APPROVED
There were no objections.
Concern was expressed regarding the 1,000 sguare foot DIRECTION
area that is designated as rest rooms, snack bar and
storage and the cost that this may incur. Council
requested monthly updates on the cost of the project so
that there are no surprises at the project's completion.
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COUNCIL REQUESTS & COMMUNICATION
Council complimented Director of Human Services Nunez FOURTH OF
for the work done and the results of the Fourth of July JULY
Fireworks Program and Show. Mr. Nunez stated that the
cost of the activity was about $4,000. Letters from the
Mayor have been prepared thanking the companies that
donated to the event.
Mayor Vargas requested that staff research the RECOGNI-
possibility of proclamations to honor individuals from TION
the community who have achieved special success
professionally or academically. He also requested
looking into establishing a college work-study program.
Meeting dates for a noon meeting with the senior SENIOR
citizens was requested. MEETING
City Manager announced that the League is accepting LOCC
names of those interested in serving in the capacity of
Director or Treasurer.
00-
The regular meeting of the City Council was recessed at MEETING
9:45 p.m. RECESSED
The regular meeting of the City Council was reconvened
at 9:50 p.m. Roll Call remained the same.
00-
The regular meeting of the City Council was adjourned to CLOSED
a Closed Session at 9:50 p.m. for the purpose of SESSION
personnel matters as allowed by G.C. Section 54957.
The regular meeting of the City Council was reconvened
at 10:13 p.m. Roll Call remained the same.
00-
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1993 07 07 CC MINòw @˜ y CC MIN JUL 7 1993[Þ›[H¡8 REGULAR MEETING OF THE CITY COUNCIL JULY 7, 1993
OF THE CITY OF BALDWIN PARK PAGE EIGHT
The regular meeting of the City Council was adjourned at MEETING
10:13 p.m. by Mayor Vargas. ADJUURNED
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