HomeMy WebLinkAbout1996 05 15 CC MIN1996 05 15 CC MINòw @˜ | p
CC MIN MAY 15 1996â›[Hµ
8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVENUE, WEDNESDAY,
MAY 15, 1996
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: COUNCILMEMBER LOWES, LOZANO,
MARTINEZ, MUSE, AND MAYOR VARGAS
ALSO PRESENT: City Attorney Bower,
Dir. of Administrative Services Yeats,
Chief of Police Lanza,
Dir. of Public Works Mousavi,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro,
Deputy City Clerk Branek, and
City Clerk Gair
00-
Chief of Police Lanza Introduced Police Officer Hector Garay and his partner Harass,"
and told of their background and experience.
Mayor Vargas read the Proclamation declaring May 13-18, 1996 as Poppy Week."
Mayor Vargas presented the proclamation to Poppy Chairman Iva Tew and Miss Poppy,
Desiree.
Mayor Vargas read the Proclamation declaring May 19-25,1996 as National Public
Works Week" and presented it to Director of Public Works Mousavi.
Sharon Martinez, Representative of the Office of Assemblyman Gallegos, presented
Director of Public Works Mousavi with a Certificate of Recognition in honor of National
Public Works Week.
Shirley Freed, Bilingual Teacher, Sierra Vista High School, Introduced Bilingual Essay
Winners, Conrado Hemandez, National Association Bilingual Education, 1st Place
Winner and Guadalupe Ramirez, National Association Bilingual Education, 2nd Place
Winner. She told of their background and their goals. She also stated that Aidalicia
Diaz, California Association Bilingual Education, 1st Place Winner had to work and could
not attend the recognition of the Essay Winners. Guadalupe Ramirez and Conrado
Hernandez read their speeches, What Bilingual Education Means to Me."
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 2
OF THE CITY OF BALDWIN PARK MAY 15, 1996
City Attorney Bower arrived at 7:20 p.m.
Mayor Vargas presented Awards of Merit to Conrado Hemandez and to Guadalupe
Ramirez.
Mrs. Freed introduced Anna Perez, the Baldwin Park School District, Head of the
Bilingual Education, who told of the importance of Bilingual Education.
Sharon Martinez, Representative of the Office of Assemblyman Gallegos, presented
Conrado Hemandez and Guadalupe Ramirez with a State Assembly Scholastic
Achievement Award.
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ORAL COMMUNICATION
Mayor Vargas declared Oral Communications open and invited those wishing to
speak on any subject to come forward.
Tern Gonzalez, Regional Manager of Public Affairs for Southern California Edison,
introduced herself and stated that she was the new Regional Manager for the City.
Pat Viella, invited everyone to join with the churches of Baldwin Park to participate in
the March for Jesus on May 25th at 10:00 a.m., and to spend one hour in prayer for
the City.
William Van Cleave, 13232 Emery, invited everyone to attend the Baldwin Park
Beautiful Awards Program at Morgan Park on Saturday, May 18th from 12:00 to 2:00 p.m.
He thanked the Public Works Department and the Senior Citizens for all their help
through the year.
Anthony Bejarano, 3508 Big Dalton, inquired about the petition to get a stop sign on Big
Dalton and Channing and about the City supporting the School District's bond issue on
the June 4th election.
Mr. Pinedo, Representative of Congressman Martinez Office, stated that he was available
to answer any questions.
There being no other speakers, Mayor Vargas declared Oral Communications closed.
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CONSENT CALENDAR
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1996 05 15 CC MINòw @˜ | p
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 3
OF THE CITY OF BALDWIN PARK MAY 15, 1996
The Consent Calendar consisted of the following:
1. Approval of Certificate of Posting for May 15, 1996
2. Approve Minutes:
Regular Meeting: April 17, 1996
3. Waive Further Reading and Adopt
RESOLUTION NO.96-29 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
4. Receive and File Treasurer's Report
April 30, 1996
5. Approve Plans and Solicit Bids Street Reconstruction Baldwin Park Blvd.
Francisquito to Merced Avenue STPL 5323 004) CIP 319
6. Approve Plans and Solicit Bids 1996-97 Slurry Seal Project CIP 602
7. Waive Further Reading and Adopt
RESOLUTION NO.96-30 APPROVING THE ENGINEER'S REPORT
FOR CERTAIN LANDSCAPING LIGHTING
MAINTENANCE IN A LANDSCAPING &
LIGHTING MAINTENANCE DISTRICT
8. Waive Further Reading and Adopt
RESOLUTION NO.96-31 DECLARING ITS INTENTION TO ORDER
THE ANNUAL ASSESSMENT LEVY AND
COLLECT ASSESSMENTS FOR CERTAIN
IMPROVEMENTS & MAINTENANCE
PURSUANT TO THE PROVISIONS OF
DIVISION 15, PART 2 OF THE STREETS
AND HIGHWAYS CODE OF THE STATE
OF CALIFORNIA & SETTING A TIME &
PLACE FOR A PUBLIC HEARING
9. Approve Amendment to Agreement Coordination of Baldwin Park 2000
Planning Process Ettie Lee Homes
10. Approve Renewal of Police Helicopter Contract U.S. Helicopters, Inc.
11. Waive Further Reading and Adopt
RESOLUTION NO.96-32 DECLARING ITS INTENTION TO LEVY
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 4
OF THE CITY OF BALDWIN PARK MAY 15,1996
AND COLLECT ASSESSMENTS FOR
FISCAL YEAR 1996-97 WITHIN THE
CITYWIDE BUSINESS IMPROVEMENT AREA
It was moved and seconded to approve the Consent Calendar as presented. M/S/C:
MARTINEZ/LOZANO. There were no objections.
PUBLIC HEARING
Mayor Vargas Introduced the Public Hearing pertaining to An amendment to the
Zoning Code adding Billiard Hall regulations Applicant: City of Baldwin Park;
Case No: AZC-137).'1
Development Services Manager Hutar stated that on January 17, 1996 Council
approved, on appeal, regarding a Conditional Use Permit CUP) to operate a billiard
hall. Staff was directed to prepare specific regulations for future billiard halls. The
proposed billiard standards are intended to assure that any future billiard or pool hall
possesses all the necessary design features and protection to prevent such facilities from
adversely affecting adjacent properties. The three existing billiard halls would be allowed
to continue to operate in accordance with their individual CUP without complying with
the new regulations. The existing billiard halls would be grandfathered in and if they
desire an expansion or modification, they will have to comply with all the new regulations
except for the location criteria. Staff recommended that Council approve the ordinance.
Mayor Vargas declared the Public Hearing open and invited those wishing to speak
pertaining to an amendment to the Zoning Code adding Billiard Hall regulations to come
forward.
William Van Cleave, 13232 Emery, stated that Global Billiards was asked to operate for
one year, staying open only until midnight. He felt that it would be unfair to impose the
new regulations on Global Billiards.
Pat Viella, 13232 Francisquito, inquired about a pool hall moratorium that limits their
activity. She encouraged the City to maintain the more family friendly atmosphere.
Tam Do, 4281 Maine, owner of Global Billiards, stated that he keeps his place clean and
safe. He inquired if he would need to go through the CUP process again to expand his
hours of operation.
There being no other speakers, Mayor Vargas declared the Public Hearing closed.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5
OF THE CITY OF BALDWIN PARK MAY 15, 1996
in response to Council, Manager Hutar stated that the new regulations, except for the
location criteria, would apply to existing pool halls if any modifications or expansions
were done. if the hours of the pool hall were extended for existing pool halls it would
jeopardize their grandfather privilege, and they would have to comply with the new
ordinance. They would still need to go through the CUP process to amend their current
CUP. She also stated that a one year review is built into the conditions of the CUP's.
Mr. Do could wait until the Planning Commission reviews his CUP and at that time
request the change of times to operate, and there would not be a fee charged.
In response to Councilmember Lowes, Director Mousavi stated that all proposed
businesses are informed by staff of the requirements of the CUP and that a business has
a six month time limit once a CUP has been granted to begin the business.
It was moved and seconded to Introduce Ordinance No.1115, AN ORDINANCE OF
THE CITY OF BALDWIN PARK REPEALING SECTION 132-04, BILLIARD AND POOL
FACILITIES," AND ADDING SECTIONS 153.520 THROUGH 153.524, BILLIARD AND
POOL HALL REGULATIONS OF THE CITY OF BALDWIN PARK MUNICIPAL CODE
APPLICANT: CITY OF BALDWIN PARK; CASE NO: AZC-137)," for first reading, to be
read in title only, and all further reading be waived. MIS/C: MUSE/LOZANO. There
were no objections.
Mayor Vargas Introduced the Public Hearing pertaining to An appeal relating to the
Issuance of a Business License for 14353 East Garvey Avenue Appellant: Jaspal
SonI, 16138 EIza Drive, Hacienda Heights).
City Clerk Gair stated that the report requested denial of an appeal by Jaspal Soni for the
issuance of a Business License for Dreamland Trailer Park at 14353 East Garvey Avenue
and referred to a display of pictures of the property. Mr. Soni appealed the decision of
a Business License not being issued for the property of 14353 E. Garvey Avenue. There
has not been a Business License for this property since 1994, when the property was
shut down by Police, Building, Code Enforcement, and the State of California. Mr. Soni
has requested a temporary Business License for a portion of Dreamland Trailer Park.
Temporary Business Licenses are not provided for in the Municipal Code.
Code Enforcement Supervisor Mark Dozmati presented the following report: 1) a letter
dated April 12,1995 that included a list of required information to be submitted regarding
plan review for the trailer park; 2) a letter dated January 16, 1995 from the City Clerk's
Department regarding the renewal of his business license that informed Mr. Soni that a
new application had to be submitted after all of the units were operational, and Mr. Soni
was sent a refund check; 3) that during the month of April, 1995 Mr. Soni was found
guilty and sentenced to 180 days of jail suspended; summary probation for 3 years; serve
10 days in jail; and for maintaining sub-standard conditioning a state of dilapidation; 4)
the court orders were to comply with the City regulations. Mr. Soni appeared in court
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 6
OF THE CITY OF BALDWIN PARK MAY 15,1996
several times during the month of June, 1995 with proof of miscellaneous items to prove
that he was trying to comply with the requirements of the City; 5) On August 8,1995,
a full set of approved plans were issued to Mr. Soni in addition to Building, Plumbing,
Electrical, and Mechanical permits. The last entered inspection for the project was for
the foundation of the trash enclosure dated November 13,1995; 6) On February 1,1996
the Code Enforcement Division scheduled a routine business license inspection for
Dreamland Trailer Park for 12 trailer pads, 10 apartment units, 1 manager's dwelling and
a laundry/storage building. The inspection revealed that the entire property was still in
non-compliance with all of the requirements; 7) On February 5,1996, consultant Building
Inspector Dennis Tarango's inspection concluded that the dwellings were not ready for
occupancy. Mr. Tarango's inspection further revealed more deficiencies regarding shear
value for dead load bearing walls. Mr. Tarango recommended that the structures be
analyzed by a structural engineer for seismic upgrading; and 8) On February 8,1996
a letter was sent from Development Services Manager Hutar that outlined all of the
necessary requirements that the City would need to issue a Certificate of Occupancy for
Dreamland Trailer Park/Apartments. Since no inspections or plan modifications have
been submitted to the Building Division regarding shear and seismic upgrading of the
units, all permits expired and became null and void on May 13,1998,180 days from the
last requested inspection. Staff recommended that Mr. Soni's appeal be denied.
Mayor Vargas declared the Public Hearing open and invited those wishing to speak
pertaining to the appeal relating to the issuance of a Business License for 14353 E.
Garvey Avenue to come forward.
Maria B. Hendrickson, 11792 Irvine Blvd., Suite 112, Tustin, Attorney for Jaspal Soni,
presented to Council a Public Hearing Brief that included the following: 1) Introduction
and background; 2) the stated grounds for refusal to issue a business license; 3) the
grounds for appeal; 4) the Municipal Code requires issuance of separate business
licenses; 5) the refusal of a business license for regulatory purposes is in excess of the
jurisdiction of the City Manager; 5) the trailer park property is in compliance with
applicable code requirements. She addressed the drive approach problem, the State
Certification, the renovation operations on the apartment property, the steps to be taken
and non-conforming status of the property; and 6) in conclusion, the City Manager has
a mandatory duty to issue the requested business license for the operation of a trailer
park on the subject property, the Appellant's appeal should be sustained by the Council,
and the City Manager should be directed to issue the business license as requested upon
proof that trash gates and signage have been repaired and replaced.
Steve Duggan, previously employed by Jaspal Soni during the time the City found the
property violations. Mr. Soni's legal counsel is proposing to the City that all the violations
in the trailer park is 100% ready for an Occupancy Permit, in fact there is over one dozen
major violations still in effect. He further stated that all the deficiencies can be pointed
out to Council on a walk through on the property.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 7
OF THE CITY OF BALDWIN PARK MAY 15, 1996
Lee Lucas, 4442 Bresee, stated that he had watched the property since 1963 and it's
time the City does it right, get rid of the trailer park, and do something to put the freeway
property to its proper use.
Sandi Lucas, 4442 Bresee, asked if the property in question had a lot split on the
property; and is it a trailer park or mobile home park? She stated that mobile homes
are permanent and a trailer can be moved in and out.
Jaspal SonI, 16138 Elza Drive, Hacienda Heights, owner of Dreamland Trailer Park,
stated that he wanted to clarify that Steve Duggan was a disgruntled handyman, who
thinks he's a licensed contractor, but he's not. He misrepresented himself as a licensed
contractor but when the City checked up on him, found that he was not licensed. When
the trailer park work was completed, he could not afford his wages or afford working with
his attitude, so he let Mr. Duggan go. He further stated that Mr. Duggan is not a licensed
electrician, that he was in partnership with someone, that Mr. Duggan used his partners
license to work. He asked if Mr. Duggan was appointed by any State authority to make
a judgement? He stated that the State had completed its inspection and that he has the
approval of the State and it is exhibited in the brief. He stated that he is asking for the
license to operate the trailer portion of the park and that the apartments are a different
issue. He does not want the violations of the apartments to hold back his operation of
the trailer park. The City has no jurisdiction over the trailer park.
Pankaj B. Shah, General Contractor, 725 New Hampshire, Los Angeles, stated that he
had been hired by Mr. Soni to give a proposal for the construction of the apartment units.
The construction on the interior of the apartments can be done without problems, for
security purposes, a 6 ft chain link fence will be installed during the construction period.
There being no other speakers, Mayor Vargas declared the Public Hearing closed.
In response to City Attorney Bower, Mr. Soni stated that all 12 pads have been certified
by the State. Attorney Hendrickson stated that at the top of the page on Exhibit E, it
states the total lots shown and that all 12 pads were approved by the State. She further
stated that the February 7, 1996 letter stated that three mobile homes were not in
compliance at that time, he was authorized to occupy 9 of the 12 lots. He subsequently
removed the three trailers and that is why 12 can now be occupied.
City Attorney Bower stated that in view of the late submission of the Public Hearing Brief,
he suggested that Council take it under submission, that staff further review the
information contained in the brief as well as looking at some of the allegations regarding
violations that still exist, to see if they bear on the trailer park portion of the property, and
that the appeal be brought back to the next meeting for a formal decision.
It was moved and seconded to continue the Public Hearing to the next meeting.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 8
OF THE CITY OF BALDWIN PARK MAY 15,1996
MIS/C: MUSE/LOZANO. There were no objections.
It was moved and seconded to continue the public hearing relating to appeal of the
Issuance of a Business License for 14393 East Garvey Avenue. MIS/C:
MUSE/LOZANO. There were no objections.
REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES
Director of Public Works Mousavi requested Council adopt the resolution setting a
public hearing for the proposed street vacation of a portion of Maine Avenue and
Garvey Avenue. Staff determined that this vacation is in conformance with the
General Plan. All utility easements which exist in the affected right-of-way will be
vacated and all affected utility companies will be notified. It was recommended that
Council adopt the resolution setting a public hearing for the proposed vacation on
June 19,1996.
City Attorney Bower suggested including in the staff's recommendation a formal
determination by the Council, pursuant to Government Code 65402, that the
disposition of the property be consistent with the General Plan. Council agreed by
unanimous consent.
It was moved and seconded to approve Resolution No.96-33, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION
TO VACATE A PORTION OF STREET RIGHT-OF-WAY ON MAINE AVENUE FROM
FRANCISQUITO AVENUE TO GARVEY AVENUE AND FROM GARVEY AVENUE CUL-
DE-SAC TO CUL-DE-SAC." MIS/C: LOZANO/MUSE. There were no objections.
Chief of Police Lanza requested Council approval of an Agreement between the City and
the Baldwin Park Unified School District Police Department BPUSD), for the latter to
utilize the City's Jail for booking prisoners. The recommended cost per adult booking
is $75.00. District Police estimate they arrest 12 adults per year that would require
booking and incarceration. The estimated revenue would be $900 per year. BPUSD has
notified the City that they will utilize their own facility beginning in September, 1996.
Secured juveniles are booked in the jail and then transported to a juvenile detention
facility or released to their parents. Staff recommended approval of the agreement.
It was moved and seconded to approve the Agreement between the City of Baldwin
Park and BPUSD, which will enable the latter to book prisoners for a fee into the
Baldwin Park City Jail and which would allow BPUSD to process secure detention
Juveniles at the City booking facility at no charge. MIS/C: LOWESILOZANO. There
were no objections.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 9
OF THE CITY OF BALDWIN PARK MAY 15,1996
00-
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
In response to Mayor pro tern Muse, City Attorney Bower stated that the County of
San Bernardino vs the City of San Bernardino pertains to the county dictating to the
city which ambulance service is used. He further stated that he did not feel it
necessary to send a letter because Baldwin Park utilizes the County. Councilmember
Lowes also affirmed that she would like a letter of support sent to the City of San
Bernardino. Council agreed by unanimous consent.
Mayor pro tern Muse stated that the East Los Angeles Classic Theater, a part of Cal-
State L.A., presents Shakespeare plays, using all well-known Latino actors, are
interested in bringing their group to the City.
Councilmember Martinez encouraged staff to give the youth involved in the Summer
Youth Program the opportunity to work in job assignments that are not just menial. He
also requested that a couple of jobs be created to work with the sub-committees, along
with other duties that would hire a summer youth worker to work on the BP 2000
program. He also requested an update on the Triangle Project and to clean up the area.
Mayor Vargas requested the regular meeting of the Council be adjourned in memory of
Officer Daniel Fraembs of Pomona Police Department, killed on duty.
Mayor Vargas requested working with neighboring cities to establish a collective reward
fund for the arrest and conviction of persons involved in killing a police officer. He further
requested a letter be sent to the Mayor and City Councilmembers of Pomona offering
the City's condolences and a $5,000 reward for any information that would lead to the
arrest and conviction of the killer of Officer Fraembs. He further requested that a letter
be sent to all the cities in the San Gabriel Council of Government COG), requesting that
all those cities consider the establishment of a fund that would be held separately. It was
suggested that possibly the source of funding could be Asset Forfeiture Funds, that the
Police Chiefs Association could be the holder of the funds, or SGV Council of
Governments COG).
Mayor Vargas stated that the letters could be from the Mayor and Chief of Police.
Councilmember Martinez agreed with the idea, and suggested creating a resolution to
be adopted by all the cities, that permit the Mayor or Chief of Police to order the
payment of $5,000 reward. Council agreed by unanimous consent.
Councilmember Martinez directed the City Clerk to forward the notice of adjournment to
the Pomona Chief of Police and to request the Chief to forward that to the family of
Officer Fraembs.
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1996 05 15 CC MINòw @˜ | p
CC MIN MAY 15 1996â›[Hµ
8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 10
OF THE CITY OF BALDWIN PARK MAY 15,1996
Mayor Vargas stated that the boxing team returned from the Junior Olympic District
Championships in Long Beach for the Senior Division. Richard Garcia was the Champion
in the 201 lb. division, Jason lngwaldon, Bronze medalist at 119 lbs., Armando Figueroa
was a champion at 106 lbs., Hector Lopez was a champion at 125 lbs., Miguel Meraz
was a Bronze Medalist at 106 lbs.
The regular meeting of the City Council was recessed at 9:16.
The regular meeting of the City Council reconvened at 9:22 p.m. Roll call remained
the same.
CLOSED SESSION
The regular meeting of the City Council adjourned to a Closed Session to consider
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, Title: Executive Team
Evaluation, pursuant to Government Code 54957. No action was taken.
00-
The regular meeting of the City Council adjourned at 10:35 p.m. to an adjourned
regular meeting of the City Council on May 23, 1996 at 7:30 a.m. The regular
meeting of the City Council was adjourned in memory of Pomona
Fraembs. There were no objections.
LINDA L. GAIR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLERK
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