HomeMy WebLinkAbout1994 07 20 CC MIN1994 07 20 CC MINòw @˜ z L CC MIN JUL 20 1994â›[H÷8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL
14403 EAST PACIFIC AVENUE, WEDNESDAY
JULY 20, 1994
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, LOWES,
MARTINEZ, MUSE AND MAYOR VARGAS
ALSO PRESENT: City Attorney Bower,
Chief of Police Lanza,
Dir. of Administrative Services Yeats,
Dir. of Community Development Carbajal,
Dir. of Human Service Nunez,
Dir. of Public Works Mousavi,
City Treasurer Montenegro,
Deputy City Clerk Branek, and
City Clerk Gair
Mayor Vargas stated that he appreciated the work of the outgoing Commissioners and he
presented Awards of Merit to Personnel Commissioner Hillel Arkin and to Planning
Commissioner Alfonso Contreras.
Chief of Police Lanza introduced Police Officer Teresa Filner and told of her background and
educafion. City Clerk Gair issued the Oath of Office to Officer Filner.
Zoo
City Attorney Bower stated that after the posting of the agenda a need had arisen to place an
item on the agenda.
It was moved and seconded to add to the agenda a Subsequent Need Item under the Reports
of Officers, Commissions, and Committees, regarding the Chamber of Commerce receiving
advance funding for the month of July. MIS/C: MUSE/LOWES. There were no objections.
4)0-
ORAL COMMUNICATION
Mayor Vargas declared Oral Communication open and invited those wishing to speak on any
subject to come forward.
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OF THE CITY OF BALDWIN PARK PAGE TWO
Lt. Mike Bennett, City of Baldwin Park Employee, Vice President of the Baldwin Park
Management Employees Association, stated the action taken at the last Council meeting as well
as the direction to staff to modify the reorganization plan and bring it back to the next Council
meeting. Re explained that the Management Employees were told the morning after the meeting
that the original reorganization plan would stay as presented. The Management Employees have
helped Council achieve goals, they have been loyal employees, and their work ethic has remained
consistent. The Management Employee Group has stated that they do not feel that the
reorganization plan is in the best interest of the City.
Dennis Kies, Baldwin Park Management Employees Association, thanked Council for their
support. He stated the effect the removal of Maintenance Superintendent Dart would have on
the City, that the different employee groups are not in agreement with the reorganization plan,
and that the plan was voted down at the last Council meeting.
Vivian Ross, 3005 Big Dalton, stated that she has been a resident of Vagabond Trailer Park for
18 years. The City has decided that her trailer is parked too close to a fence and it needs to be
moved. She said that if the people had been notified 10 years ago that the trailer parks had to
be closed by December 1st, they would have been able to move. Now, there is only 5 months
left and no one knows what to do. She asked if the City would provide assistance to help with
relocation.
Marcel Bell, Representative of SEIU No. 347, 1047 Wilshire Blvd., stated that the City
employees are a valuable commodity, that the Public Works reorganization is not fair, does not
provide equity and it down grades some positions that will not receive compensation.
Kenneth Moore, 13220 Francisquito, spoke about loud music on the weekends at 13213 Emery,
and that after the police respond, the volume is turned back up. His wife was informed by the
police dispatcher that a citizens arrest had to be made before police could respond anymore. He
complained about vehicles parked on the lawns on the weekend and suggested that Code
Enforcement work on the weekends.
Maurice DeGreve, owner of the Vagabond Trailer Park, 1828 Vega, Alhambra, stated that the
trailer park has been in the City for several years, if the City closes the trailer park, it will disrupt
several families lives.
William Van Cleave, 13232 Emery, stated 1) that Waste Management litters the street with
trash; 2) that he is not in agreement with the use of AB 1693; 3) that the Public Works
Reorganization Plan was voted down at the last Council meeting, and that he is against it; and
4) that Council could be recalled.
Sandi Lucas, 4442 Bresee, stated that two years ago Human Services lost two management
positions, and that the trend to get rid of management is continuing. She said that she doesn't
see the employee support for the reorganization plan and that this will affect all the employees.
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1994 07 20 CC MINòw @˜ z L CC MIN JUL 20 1994â›[H÷8REGULAR MEETING OF THE CITY COUNCIL JULY 20, 1994
OF THE CITY OF BALDWIN PARK PAGE THREE
Dick Nichols, Executive Director of the Chamber of Commerce, stated that he did not realize
that the Chamber of Commerce contract would be on the agenda or discussed at this meeting.
Roth Dryden, 3745 Holly, stated his concern over who's responsibility it is to sweep the
streets and if the streets are not swept, why would parking tickets be issued.
Reverend Preciado, Family Association of Baldwin Park, stated the tonnage of food distributed
to the veterans and their families, that he has outgrown his present facility, that he would like
to stay in Baldwin Park, and that he would appreciate any help the City could provide in helping
him find a new location. He also thanked everyone for the help at the Northridge Earthquake.
He also stated his opposition to gun control.
Doug Donahey, 3751 Vineland, inquired about the progress of crossing guards for Jones Jr.
High School.
There being no other speakers, Mayor Vargas declared Oral Communication closed.
CONSENT CALENDAR
City Clerk Gair presented Consent Calendar A:
1. Approval of Certificate of Posting for July 20, 1994
2. Waive Further Reading and Adopt
RESOLUTION NO.94-78 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
3. Receive and File Treasurer's Report
June 30, 1994
4. Deny Claims Against the City
Arturo Cordova et al
Cristina Ochoa et al
5. Waive Further Reading and Adopt-
ORDINANCE NO.1084- AMENDING SECTION 5.04.020 DEFINITIONS)
Second Reading) OF, AND ADDING SECTION 5.08.125 VEHICLE
LEASE FEE) TO, THE BALDWIN PARK
MUNICIPAL CODE TO ESTABLISH A
BUSINESS LICENSE TAX ON VEHICLES USED
IN THE SALE OF GOODS ON PUBLIC RIGHT-
OF-WAY
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1994 07 20 CC MINòw @˜ z L CC MIN JUL 20 1994â›[H÷8REGULAR MEETING OF THE CITY COUNCIL JULY 20, 1994
OF THE CITY OF BALDWIN PARK PAGE FOUR
6. Waive Further Reading and Adopt
ORDINANCE NO.1085 REPEALING CHAPTER 5.40 OF THE
Second Reading) BALDWIN PARK MUNICIPAL CODE
AND ADDING A NEW CHAPTER 5.40
REGARDING GARAGE SALE REGULATIONS
7. Approve Decision of Appeal Board Appeal of Jaspal Soni and Daljit K. Soni
It was moved and seconded to approve Consent Calendar A as presented. MIS/C:
MARTINEZ/MUSE. There were no objections.
City Clerk Gair presented Consent Calendar B:
1. Waive Further Reading and Adopt
RESOLUTION NO.94-79- 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 as presented. M/S/C:
MUSE/LOWES. Mayor pro tern Martinez abstained due to a possible conflict of interest.
4)0-
REPORTS OF OFFICERS COMMISSIONS AM) COMMITTEES
Director of Administrative Services Yeats requested Council approval of the Statement of
Investment Policy. Government Code Section 53600 allows a local agency that has surplus
money to invest that money in certain types of investments. The various investments that
may be made were outlined in the staff report. It was recommended that Council approve the
Statement of Investment Policy.
It was moved and seconded to approve the Statement of Investment Policy. M/S/C:
MARTINEZ/MUSE. There were no objections.
Director of Administrative Services Yeats requested the approval of new lease agreement
with Eastman Kodak Company. The fiscal year 1994-95 and 1995-96 budget contains an
appropriation sufficient to find the acquisition, by lease purchase agreement of three 3)
photocopiers. He explained that the main copier and the copiers on the second and third
floors are in need of replacement due to continued breakdowns, and high maintenance and
repair costs. By using the County of Los Angeles' established quote for purchasing the
copiers, the City will Save $44,500 off the list price. The total annual cost of the lease
purchase payment for three 3) copiers will be $14,216.40 for a period of five 5) years. It
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1994 07 20 CC MINòw @˜ z L CC MIN JUL 20 1994â›[H÷8REGULAR MEETING OF THE CITY COUNCIL JULY 20, 1994
OP THE CITY OF BALDWIN PARK PAGE FIVE
was recommended to approve staffs recommendation.
It was moved and seconded to authorize staff to execute the lease purchase of three 3) copy
machines with the Eastman Kodak Company in the amount of $14,216.40 annually for a period
of five 5) years. MIS/C: MUSE/MARTINEZ. There were no objections.
Personnel/Risk Manager Cole requested approval of Public Works Reorganization. Shannon
Associates, Inc. was selected to conduct the organizational analysis and classification review of
the Public Works Department. Staff has met and conferred with all employee groups and their
representatives to discuss the impact the study may have on the employees. It was
recommended that Council approve the reorganization of the Public Works Department.
Council discussed the efficiency that the reorganization would create in the Public Works
Department, that the contracting out of services will not be done if the employees can do the
job efficiently and cost effectively, and the Council's obligation to the citizens.
Councilmember Lowes state that at the last Council meeting a 3/2 vote to reject the
reorganization plan was taken, and she did not understand why it's back on the agenda, that there
have been no changes made to the reorganization plan and consideration was to be made for the
Maintenance Superintendent.
It was moved and seconded to consider the reorganization plan for Public Works. M/S:
MUSE/MARTINEZ.
City Attorney Bower stated that the motion is to reconsider the reorganization: plan and place
it before Council.
ROLL CALL VOTE:
AYES MUSE. MARTINEZ. AND MAYOR VARGAS
NOES LOWES AND GALLEGOS
ABSTAIN: NONE
Motion carries.
It was moved and seconded to reject the reorganization plan as presented. MIS:
LOWES/GALLEGOS.
ROLL CALL VOTE:
AYES LOWES AND GALLEGOS
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1994 07 20 CC MINòw @˜ z L CC MIN JUL 20 1994â›[H÷8REGULAR MEETING OF THE CITY COUNCIL JULY 20, 1994
OF THE CITY OF BALDWIN PARK PAGE SIX
NOES MARTINEZ. MUSE AND MAYOR VARGAS
ABSTAIN: NONE
Motion fails.
It was moved and seconded to approve the reorganization plan as presented and to continue
dialog with staff. MIS: MARTINEZ/MUSE.
Councilmember Lowes moved to amend the previous motion to include that it does not
effect the Maintenance Superintendent."
Motion dies due to the lack of a second.
ROLL CALL VOTE:
AYES MARTINEZ MUSE GALLEGOS AND MAYOR VARGAS
NOES LOWES
ABSTAIN: NONE
Motion carries.
Personnel/Risk Manager Cole stated that the Classification Plan is being amended to reflect the
reorganization of the Public Works Department, the other newly created position in the Human
Services Department, and the Police Department. It was recommended that Council approve the
Classification Plan.
It was moved and seconded to adopt Resolution No. 94-80, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO.94-65
A CLASSIFICATION PLAN FOR THE CITY'S CLASSIFIED AND UNCLASSIFIED
POSITIONS." MIS/C: MARTINEZ/MUSE. There were no objections.
Personnel/Risk Manager Cole stated that the Salary Plan needed to be amended to the reflect
the revisions and additions to the classifications through the reorganization of Public Works, and
the new positions in the Human Services Department and Police Department. It was
recommended that Council approve the Salary Plan.
It was moved and seconded to adopt Resolution No.94-81, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 94-66 A
BASIC SALARY PLAN FOR EMPLOYEES OF THE CITY OF BALDWIN PARK."
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OF THE CITY OF BALDWIN PARK PAGE SEVEN
MIS/C: MARTINEZ/MUSE. There were no objections.
Personnel/Risk Manager Cole stated that the resolution of Intention to Amend the Contract
Between the City and the Public Employees' Retirement System. The current Memorandum
of Understanding between the City and the Police Association covers a three year period through
July 1, 1995. The current contract with Public Employees' Retirement System needs to reflect
the retirement benefits at a level of 2% 50 for all sworn employees, with the City to pay one
hundred percent of the employee's contribution to the program. The amendment is to take place
during the third and last year of the current contract. It was recommended that Council approve
the resolution of Intention and the Public Employees' Retirement System contract.
In response to Councilmember Lowes, City Attorney Bower stated that the MOU passed two
years ago is binding.
It was moved and seconded to adopt Resolution No.94-82, IA RESOLUTION OF
INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY COUNCIL OF THE CITY OF BALDWIN PARK," to amend
the City's contract with the Public Employees' Retirement System and authorize the Mayor to
sign said document on behalf of the City. MIS: GALLEGOS/MARTINEZ.
ROLL CALL VOTE:
AYES GALLEGOS. MARTINEZ. MUSE. AND MAYOR VARGAS
NOES LOWES
ABSTAIN: NONE
Motion carries.
Director of Community Development Carbajal requested Council adopt a resolution approving
an annual adjustment to refuse collection rates as specified in the City's Franchise Agreement.
The agreement provides for two forms of rate increases for commercial and residential collection
rates. The calculations used for the recommended rate adjustments are consistent with the
calculations in the initial Waste Management Agreement. Staff will explore the possibility of
fully automatic the waste collection, variable and volume based pricing through recycling, and
a green waste program. It was recommended that Council approve staff's recommendation.
In response to Councilmember Lowes, Mike Steffen, General Manager, Waste Management,
stated that the Household Hazardous Waste Roundups are coordinated with Los Angeles County,
but two a year are approved with the City's request, and that Waste Management trucks will
display any public message provided by the City.
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OF THE CITY OF BALDWIN PARK PAGE EIGHT
Councilmember Lowes stated that based on the fact that Waste Management has not provided
the Hazardous Waste Roundups and that public messages have not been displayed on the trucks,
and to make it up to the citizens, she moved to reject the rate increase for this year.
Motion dies due to the lack of a second.
Council discussed that the amendment to the contract for an annual rate increase was approved
in January, 1990, that they are concerned that people are not paying more than other cities pay
for trash pickup, and that the increase is only 33 cents a month.
Councilmember Lowes stated that the City is entitled to a payment in lieu of the services not
provided by Waste Management and she moved to reject the agreement.
Motion dies due to the lack of a second.
Mike Steffen, stated that no request by the City has ever been denied by Waste Management.
It was moved and seconded to approve Resolution No. 94-83, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO.
92-42 SETTING SERVICE RATES FOR REFUSE COLLECTION PURSUANT TO
AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND WASTE
MANAGEMENT OF THE SAN GABRIEL/POMONA VALLEYS." MIS:
GALLEGOS/MUSE.
ROLL CALL VOTE:
AYES GALLEGOS. MUSE. MARTINEZ. AND MAYOR VARGAS
NOES LOWES
ABSTAIN: NONE
Director of Community Development Carbajal proposed an amendment to Section 9.08.040(A)
of the Municipal Code Billiard and Pool Facilities Hours of Operation). Staff recently
received a request by the owners of Mr. Billiards Bar and Grill to extend their hours of operation
to a full 24 hour period. Mr. Billiard's will be required to modify their conditional use permit
in order to expand their business hours. It was recommended that Council approve the
amendment to the Municipal Code.
It was moved and seconded that Ordinance No.1086, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE LIMITATION ON
THE HOURS OF OPERATIONS OF BILLIARD AND POOL FACILITIES,' be introduced
for first reading, be read in title only, and that all further reading be waived. MIS/C:
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OF THE CITY OF BALDWIN PARK PAGE NINE
VARGAS/GALLEGOS. There were no objections.
Director of Community Development Carbajal requested approval of an apZication for a
California Used Oil Recycling Block Grant in the amount of $34,665. The award of funding
will allow the City to begin an educational and public awareness campaign to promote safe
alternatives for used oil disposal. Due to the demographics of the area, multi-lingual literature
will be required on the promotional materials. It was recommended that Council approve the
application for the California Used Oil Curbside Collection Promotion Grant.
Council discussed the need to adopt a resolution for each grant application, that a mailer could
be prepared and mailed with the Waste Management bills, that the Waste Management trucks
could display the used oil disposal advertisement, or a mailer could be prepared and sent out
with the Waste Management bills.
It was moved and seconded to adopt Resolution No.94-84, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING LOCAL
GOVERNMENT USED OIL CURBSIDE RECYCLING PROMOTION GRANT
APPLICATION." MIS/C: LOWES/MUSE. There were no objections.
Director of Community Development Carbajal requested approval of an ordinance amending the
Municipal Code relating to appeals of order, decisions, or determinations made by the City's
Building Official. Section 204 of the Uniform Building Code provides the right of appeal to any
person affected by any decision of the Building Official with regard to enforcement of the
building regZations. It was recommended that Council approve the amendment to the Municipal
Code.
It was moved and seconded that ORDINANCE NO.1087, AN ORDINANCE OF THE CITY
OF BALDWIN PARK AMENDING SECTION 15.04.040 OF THE BALDWIN PARK
MUNICIPAL CODE RELATING TO APPEALS OF ORDERS, DECISIONS OR
DETERMINATIONS MADE BY THE CITY'S BUILDING OFFICIAL," be introduced for
first reading, be read in title only, and that all further reading be waived. MIS/C:
GALLEGOS/MARTINEZ. There were no objections.
Director of Administrative Services Yeats requested approval for an advance of Fiscal Year
1994-95 Funding to the Chamber of Commerce. The advance amount is $7,458.33 and the
needs seem to be immediate. Staff recommends approval of the advance.
It was moved and seconded to approve an advance payment in the amount of $7,458.33 on
the Fiscal Year 1994-95 Chamber Agreement. MIS/C: GALLEGOS/MARTINEZ. There
were no objections.
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1994 07 20 CC MINòw @˜ z L
CC MIN JUL 20 1994â›[H÷
8REGULAR MEETING OF THE CITY COUNCIL JULY 20, 1994
OF THE CITY OF BALDWIN PARK PAGE TEN
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
In response to Councilmember Muse, City Clerk Gair stated that the newly appointed
commissioners would be notified to be at the next City Council meeting to receive their Oath of
Office, rather than the commission meetings.
Councilmember Muse requested a telephone list with all the telephone numbers of the
commissioners.
Councilmember Lowes requested 1) that four trees at the Senior Citizens Center need to be
removed and replaced with a different kind of tree; 2) that the employees of Waste
Management retain from drinking after work hours on the comer of Stewart and Live Oak; and
3) that a letter be sent to the City of Irwindale stating the Council's opposition to the proposed
card club on Arrow Highway by the 605 Freeway.
Mayor Vargas requested that a Town Hall Meeting be arranged for the people that live in the
trailer parks in the City to discuss the peoples concerns with the closing of the parks. Council
agreed by unanimous consent.
Mayor Vargas stated that approximately 600 people attended the concert in the park on July 14th.
The regular meeting of the City Council recessed at 9:05 p.m.
The regular meeting of the City Council reconvened at 9:10 p.m. Roll call remained the
same.
4)0-
CLOSED SESSION
The regular meeting of the City Council adjourned to a Closed Session to consider
Conference With Labor Negotiator, Employee Organizations: Confidential Management
Group Professional and Technical SEIU Local 347, Labor Negotiator: Nadja Cole,
pursuant to Government Code 54957.6.
4)0-
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1994 07 20 CC MINòw @˜ z L CC MIN JUL 20 1994â›[H÷8 * REGULAR MEETING OF THE CITY COUNCIL JULY 20, 1994
OF THE CITY OF BALDWIN PARK PAGE ELEVEN
The regular meeting of the City Council adjourned at 10:05 p.m. There were no objections.
LINDA L. GAIR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLERK
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FO3433-U03
FO8589-U03
DO3598-U03
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