HomeMy WebLinkAbout1998 01 21 CC MIN1998 01 21 CC MINòw @˜ ~ M
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8 REGULAR MEETING OF THE CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVENUE, WEDNESDAY,
JANUARY 21, 1998
The City Council met in regular session in the
Council Chambers at 7:00 p.m.
ROLL CALL PRESENT: COUNCIL MEMBERS LOZANO, MUSE, PACHECO,
VAN CLEAVE, AND MAYOR LOWES
ALSO PRESENT: City Attorney Olivas,
Interim City Manager Mousavi,
Acting Chief of Police Kies,
Dir. of Community Development Cervantes,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro, and
City Clerk Gair
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PRESENTATIONS
Director of Recreation/Community Services Nunez introduced the 7th & 8th Grade All Star Flag
Football Team, SGV- Southern California Municipal Athletic Federation Tournament of
Champions and presented them with Awards of Merit. He also recognized some of the staff
members that were an important pail of the success of the programs at the Community Center. He
mentioned some of the special events that were sponsored by the Community Center for both boys
and for girls and the large participation that is occurring. Mike Salas presented the team members
to the Mayor and City Council.
Presentations were given by Mayor Lowes and the Council and also by Jeanette Vazquez, Field
Representative for Assemblyman Gallegos.
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ORAL COMMUNICATIONS
Mayor Lowes declared Oral Communications open and invited those wishing to speak on any
subject to come forward.
Dan Trunco, Baldwin Park, expressed his frustration regarding the article on Rodney King and his
picture being in the paper at McDonald's and the kind of image this give the people of Baldwin
Park. He criticized Realtor Puglisi for being here in the City and promoting Mr. King, because
we're not that poor that the City needs that type of person here. The Realtor is not doing us a favor
and our children do not need this kind of influence.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 2
OF THE CITY OF BALDWIN PARK JANUARY 21,1998
All een Pinheiro, Baldwin Park, spoke about how pleased she is with Baldwin Park. She promoted
the Museum and would like more people to come to the museum. The years represented at the
museum are 1850 1950. She requested donations from that era and suggestions about the museum.
Baldwin Park High School Government class representative Ruben Garcia stated that he is the
future and he hopes for great decisions and ethical decisions from the Council.
Mrs. Moreno, Baldwin Park, thanked Council member Van Cleave for all the help he gives the
people she knows.
Manuel Zamora, Baldwin Park, spoke on three things: Maine and Los Angeles the button is broken
on the signal pole; By Santa Fe School there is bushes that need to be trimmed; 4603 Maine there
is a garage conversion.
There being no other speakers, Mayor Lowes declared Oral Communications closed.
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CONSENT CALENDAR
City Clerk Gair presented the Consent Calendar:
1. Approval of Certificate of Posting for January 21, 1998
2. Approve Minutes:
Regular Meeting: January 7, 1998
Adjourned Meeting: December 29, 1997
Special Meeting: January 6, 1998
Study Session: January 7, 1998
Minutes: Council Corrected Summaries of Verbatim)
December 3, 1997 and December 17, 1997
3. Waive Further Reading and Adopt
RESOLUTION NO.98-3 ALLOWING CLAIMS AND DEMANDS AGAINST
THE CITY OF BALDWIN PARK Warrants to Mr.
Bill's Hardware Financial Conflict of Interest
Council Member Van Cleave Abstains)
4. Receive and File Treasurer's Report
December 31, 1997
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 3
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5. Approve Award of Construction Youth Baseball Field Improvements CIP 724A
Pima Corporation and Approval of Amendment No. I to the Agreement With David
Volz Design Consultants
6. Waive Further Reading and Adopt
RESOLUTION NO. 98-4- AMENDING RESOLUTION NO.94-44 TO
APPOINT SPECIFIC REPRESENTATIVES TO THE
INDEPENDENT CITIES RISK MANAGEMENT
AUTHORITY
7. Waive Further Reading and Adopt
RESOLUTION NO.98-S- ADOPTING A RETENTION SCHEDULE FOR THE
RECORDING TAPES OF CITY COUNCIL
MEETINGS
8. Approve Plans and Specifications and Authorization to Solicit Bids CIP 725
Rhodes Lane Improvement Project
It was moved and seconded to approve Items No.14, & 8, as presented, of tbe Consent
Calendar. MIS/C: VAN CLEAVE/MUSE. There were no objections.
Council members requested that Items No.5, 6 and 7 of the Consent Calendar be pulled for
separate consideration.
Mayor pro tern Muse discussed Item No.5 relating to the baseball fields and the ftmding that was
received and the approval of the construction. She requested that the City Manager meet with the
Little Leagues and explain the time line so that there is a better understanding. It should be
determined how the work can be prioritized so the work can be completed before opening day.
Councilman Pacheco requested the names of the league representatives. Councilman Van Cleave
asked to know who is doing the cleanup at the little league fields or who is responsible. He
complimented Mrs. Smith and her class, that were present, for their work with cleanup.
It was moved and seconded to approve Item No.5 as presented. MIS/C: MUSE/LOZANO. There
were no objections.
In response to Councilman Lozano's inquiry regarding Item No.6 and the ICRMA meetings, Mayor
Lowes responded that the meeting is the 2nd Wednesday of the month at 10:00 a.m. in Huntington
Park. The alternate is named because it is difficult to get a quorum and a city staff member
sometimes can aiLend more easily. Council discussed the alternate position and the input that is
expected from members at these meetings. Councilman Lozano requested to serve in this position.
It was moved and seconded to approve Item No.6. And amend Resolution No.98-4 to read
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 4
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Councilman Lozano and or his designee" in place of the Z`City Manager and/or his/her
designee M!SIC: MUSE/VAN CLEAVE. There were no objections.
Councilman Pacheco requested that Section 1 of Resolution No. 98-5 of Item No.7 be amended
to read, Z`Section 1. Duplicate records. The recording tapes/cassettes hereinafter Z`tapes") for City
Council meetings shall be destroyed as a duplicate record of the written minutes after one year from
the date of the recording as provided by Section 34090.7 of the Government Code of the State of
California without further action of the City Council of Baldwin Park. Tapes shall be destroyed on
or about the last day of each month and the list of tapes to be destroyed shall be provided to the City
Council two weeks prior to the destruction.
Exceptions. Prior to the expiration of a year for any tape recording, the City
Council may by a majority vote of those present at a council meeting determine that a certain tape(s)
be preserved for an additional specified period of time. The City Attorney may, without City
Council approval, determine in writing to the City Clerk that certain tapes shall be preserved for an
additional specified time due to anticipated or existing litigation. The City Council shall be notified
in writing of the City Attorney's decision."
It was moved and seconded to approve Item No.7 of the Consent Calendar amending Resolution
No.98-5 as stated in the preceding paragraphs. M'S/C: LOZANO/PACHECO. There were no
objections.
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PUBLIC HEARING
Mayor Lowes introduced the Public Hearing pertaining to the Proposed expenditures of grant
funds awarded by the U.S. Department of Justice for the Local Law Enforcement Block
Grants Program and funds awarded by California Senate Bill 11 City of Baldwin Park Police
Department."
Police Department Management Assistant Martinson and members of the police department gave
a special presentation. Edmund Urquiza, displayed an example of the amount of space now used
by today's technology as opposed to the past. Officer Williams explained the monitor system that
will be used. Staff provided a handout to the Council which outlined the Vision Statement, the
Funding Sources, the Radio Network, the Goal, what is happening today and what the expectation
is for tomorrow, and the results of all the modernization.
Mr. Martinsen explained that the Block Grant is administered by the Bureau of Justice Assistance,
U.S. Department of Justice. The purpose of the; Z Block Grant is to provide funds to units of local
government to underwrite projects to reduce crime and improve public safety. There are seven
focus areas that the grant can fund. The focus area that Baldwin Park has been funded for is
technology.' The Police Department had completed the requirements of the Block Grant. The final
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 5
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requirement is a cash match of $11,448 of general fund monies. The proposed expenditures are: I)
Purchase 25 notebook computers with mountings installed in the patrol and detective units, and five
in-house docking stations; 2) Training of Police Officers in the proper use of the notebook
computers; and 3) Assist the 1997 Local Law Enforcement Block Grant in the purchase of the Radio
Network. Staff recommended approval.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak pertaining to
the Local Law Enforcement Block Grants Program to come forward.
Mary Ferrer, Baldwin Park, appreciated the report and hoped the young people here today
appreciate what is being done for a safer community.
There being no other speakers, Mayor Lowes declared the Public Hearing closed.
In response to Council questions, staff responded that computers stolen from the cars will not work,
because once removed they do not operate, also the state grant is for $171,000; the Federal grant is
for $1 14,00, and monies from the General Fund is only $11,000. Council complimented the police
for the incredible amount of money that they are receiving, the access being protected, and for their
excellent presentation.
It was moved and seconded to approve the $11,448 of matching funds from the General Funds to
meet the requirements of the Local Law Enforcement Block Grant, and approve the grant
expenditures as presented in the Staff report. M/S/C: VAN CLEAVE/MUSE. There were no
objections.
Mayor Lowes introduced the Public Hearing pertaining to An appeal of the Planning
Commission's denial of a conditional use permit CP-568) to allow the on-site sale of beer and
wine in conjunction with a new restaurant on property located within the C-2 Zone, pursuant
to Section 153.1 67A of the Baldwin Park Municipal Code."
Director of Community Development Cervantes introduced Larry Onaga who explained the appeal
that has been submitted, the location of the site and the R1 zone that is adjacent to the property. The
Planning Commission and staff felt that this is an incompatible use. Mr. Onaga described the area
and the poor condition of the area, and that a conditional use permit is required when an
establishment proposes the on-site sale of alcoholic beverages. The restaurant will be located in the
center unit of the retail building. The site contains parking at the front and additional parking
behind the building, accessed by an alley. The restaurant will accommodate approximately 40
patrons with a room at the rear portion of the building for large groups of 10 or more patrons. The
applicant is proposing the restaurant to operate as a bona fide eating establish£ments for the serving
of meals to guests. The restaurant will also have a small area for the serving of beer and wine. There
are two off-site alcohol establishments, all of which are located within 500 feet of the subject
property. The Police Department has noted concerns with the adjacent vacant properties, the area
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being virtually residential to the south, and the alley along the rear. Staff recommended denial to the
Planning Commission and is now recommending that Council uphold the denial based upon the
potential detriment to the public health and welfare and injurious to property owners in the area. A
slide presentation was given by staff of the area that is being discussed.
Mayor Lowes declared the Public Hearing open and invited those wishing to speak pertaining to
the denial of a conditional use permit, CP-568 to come forward.
Valentino, on behalf of his uncle Teodoro Gutierrez the applicant, stated that he did not see any.
problem with the area. He explained the areas described in the staff report that were not correct. He
requested that the Council reconsider this, because there is not any problem with the landscaping
and with serving alcohol. Without a license it will be bad for his uncle's business.
Jose Casilla, Baldwin Park, disagreed that this will not affect the area. He mentioned the parking
as not being adequate for the number of stores. The lot next door is only dirt, there is already liquor
sold only 100 feet from there, plus sold at a store on the comer. He felt that was too much for the
area. He was opposed to this being allowed.
Richard Tatum, did not feel this was an area that liquor should be sold in.
There being no other speakers, Mayor Lowes declared the Public Hearing dosed.
Council asked concerning the pool tables that were referred to and what the crime rate was in that
area, and if there is a business plan for this area. In answer to Council inquiries, Staff responded
that the owner does not want to make any site improvements, and that the City is responsible for the
alley behind the store. Some of the Council felt that this was a dangerous and depressed area and
expressed concern as to what the effect of sale alcohol would be in this area.
It was moved and seconded to adopt Resolution No.98-6, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK DENYING AN APPEAL OF THE
PLANNING COMMISSION'S DECISION TO ADOPT THE FINDING OF FACT AND
DENY THE REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE ON-SALE
OF BEER AND WINE IN CONJUNCTION WITH A RESTAURANT." MIS/C:
MUSE/PACHECO. There were no objections.
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REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES
Transit Coordinator Bouton requested the award of contract to Behrens and Associates to perform
a study of noise, dust, vibration and speed levels caused by the MetroLink trains. Staff
received three 3) proposals in response to the Request for Proposals RFP) to perform the
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MetroLink Study. These three proposals were evaluated to detennine their responsiveness to the
RFP, their experience with such studies and whether their work plan and schedule met the needs of
the City. Behrens and Associates was the highest ranked firm. Also, Donald Behrens, the project
manager for the study, is fluent in Spanish. The all-inclusive cost of the study will be $16,343..
Their schedule is for six weeks beginning with a public meeting on Wednesday, January 28, 1998.
Staff recommended approval.
Cuncilman Van Cleave asked about the MetroLink representative that stated he would do these
studies and the councilman requested these dust studies not be done right after the rain storms. Ms.
Bouton stated that MetroLink will contribute but they want a great deal of input if they contribute,
and the dust study at this time will be minimal. Council asked if the independent study is done can
we guarantee that it will be an accepted study. Ms. Bouton responded that Behrens had done the
Covina study and that their studies are sound. Council hoped that the study would influence the
MetroLink in making some improvements and they reiterated that the Speed of the train and the noise
of the horn was a major problem to the residents and this study will address these problems.
They also asked if; when the report is in and it is in the City's favor, will MetroLink share in the
cost? City. Manager Mousavi stated that they cannot determine yet what the problem is and only then
can we request from MetroLink what they will consider doing. He also responded that this contract
can be amended at a later date. This study will be done on a 24 hour basis. Council questioned if
MetroLink has done anything yet and if they will cooperate after this study is done. Staff announced
a Community meeting at 6:00 p.m. in the Community Center on January 28, with state and county
legislators regarding the MetroLink problems.
Mayor Lowes recommend that we request 50% funding from MetroLink if their demands are not too
great on how this study should be done. Councilman Lozano expressed his concern that joining in
with MetroLink would not give us the kind of conclusion that would be impartial, even though there
is a justified concern about the amount of the money.
City Manager Mousavi mentioned the track grinding that will be done on Saturday and that the
MetroLink people notified the City of this today. Council asked that the neighbors be notified of
this.
It was moved and seconded to approve the award of contract to Behrens and Associates in the
amount of $16,343 to conduct noise, dust, vibration and speed studies of MetroLink trains."
MIS/C: LOZANO/VAN CLEAVE. There were no objections.
Interim City Manager Mousavi requested acceptance of the report and direct staff on how to allocate
funds for 1) street and 2) street lighting improvements for the next two fiscal years. Council
has approved $2 million annually for street improvements, exclusive of any sidewalk, curb and gutter
work. However, due to competing priorities and budgetary constraints, it has been difficult to
allocate $2 million every year for the first five years of the Program. Gas Tax fund of
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approximately $150,000 are also allocated for street slurry projects every year. The City annually
applies for grants and receives approximately $25,000 from the State-Local Partnership Program
which is restrictive and is used for street improvements in transit routes only. Since the City has
not consistently maintained the $2 million funding for street renovation for the first five years of the
Pavement Management Program, $1 I million is needed to complete the next five years. A total of
$13 million is required in order to complete all street and street lighting improvements. However,
not all $13 million will come from the General Fund. It was recommended that Council consider
different funding options and authorize a budget amendment as appropriate in order to proceed with
the design work in Spring 1998. City Manager Mousavi explained that there were three options
before the Council for consideration.
Mayor Lowes asked if we were halfway through the program why it is necessary to shorten the time.
Councilman Pacheco commented that some streets have not been done in years, and he asked for a
firm commitment to get the streets and the lights done. Mayor pro tern Muse commented about
being almost a year behind in the ten year plan and she felt that stretching this out for so long it will
just begin all over again. In response, it was stated that the original plan was to complete the City
in ten years and then begin all over again. Also, comments were made about sidewalks not being
included and how could this include the sidewalks and be done in a timely manner. Also discussed
was to allocating more money from the CDBG funds. Council discussed the use of Gas Tax funds
and how this would be affected by a three year plan and how funds could eventually be used for the
sidewalks.
City Manager Mousavi explained the reasons for different types of treatment that is done to certain
streets and the causes of the choices that are made when making repairs. Council felt that
condensing the project would allow the residents to really see the effect of the improvements.
Council asked to look at some of the problem areas that they have seen and to understand why
certain things have been done. Mayor Lowes expressed her concern about departing from the ten
year plan and she had serious questions about condensing this on such a large scale because of the
number of streets torn up at one time, and the effect on budget. She requested that the ten year
program be continued until the upcoming budget can be developed. Councilman Van Cleave
suggested catching up the one year. Councilman Pacheco felt this will turn into a fifteen year
program as we fall behind, also streets will be coordinated as to where the tear ups are. He
suggested using the Reserve Funding which is now at 8.2 million dollars.
City Manager Mousavi responded to Council that the cost to the Reserve Funds would be $1 7
million per year for 3 years, which is more than half of the reserves over three years. Council
discussed the risks involved in using the reserves funds to the extent that is being suggested.. Council
pointed out that this would not be spent all at one time and this would give plenty of time for the
reserves to build again.
Mayor Lowes read the three options that are before the City Council and Mayor pro tern Muse asked
if this is for all the design work. City Manager Mousavi explained that it is for one year. Re also
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briefly outlined the entire program and the $340,000 that would be needed per year for design
review. Council discussed the costs elating to each of the options.
It was moved by Councilman Pacheco to approve Option No.3, To condense the next five years
into three years and allocate from the General Fund this fiscal year $340,000 for design work of
street improvements and $57,000 for design work for street lighting improvements.
Mayor pro tern Muse seconded the motion for discussion only.
After discussion Mayor pro tern Muse proposed a substitute motion to Continue this item to the
second meeting of February." M,S/C: MUSE/VAN CLEAVE. Councilman Pacheco objected to
the motion. Motion carries.
00-
COUNCIL/STAFF REOUESTS AND COMMUNICATIONS
Mayor Lowes asked that there be a Neighborhood Enhancement Program meeting for February 7,
and announced that Chilcot Street will be the first street. She requested a future meeting to discuss
the Situation of a City Manager and/or an Executive Team. The meeting was requested for 5:00 p.m
on Thursday, January 29, 1998. If consensus cannot be reached by the Council at that meeting then
possibly there should be a meeting with a facilitator.
Councilman Pacheco would like to continue the Economic Development study session meeting that
was held previously to get further information. Cervantes responded that a cash flow chart regarding
these projects could be developed and there could be a study session to go over that information.
Councilman Van Cleave expressed his concern about the vacancies that are in the police
department and he would like to see these issues be solved. He felt that council is holding this up.
Chief Kies responded regarding the positions that are open. City Manager Mousavi stated that he
and Chief Kies felt those positions need to be filled on an Acting basis. Mayor Lowes stated that
she felt the Chief should fill these areas. Chief Kies suggested that he provide a report to explain
the lateral appointments that might be filled, this would be a factual report and Council could
contact the Chief.
Mayor pro tern Muse thanked everyone for the support she has received during her
pregnancy and told of the birth of her daughter Taylor last week. She also requested a meeting with
the school board to work out some of the problems and efforts that Council and the Board have in
common. She requested that the Museum be put on our schedule of activities that we publish to
bring attention to it. She asked about the Baldwin Park 2000 expansion for the entire City.
Councilman Lozano referred to the snack bar at the Little League Field at Pleasant View School.
Director Nunez stated the use of fields at that site is down to two and there may be some fluids that
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1998 01 21 CC MINòw @˜ ~ M
CC MIN JAN 21 1998wGUæÓ
8REGULAR MEETING OF THE CITY COUNCIL PAGE 10
OF THE CITY OF BALDWIN PARK JANUARY 21, 1998
are left to finish the snack bar. This item needs to be discussed with the school district.
00-
The regular] meeting of the City Council was recessed at 9:55 p.m.
The regular meeting of the City Council was reconvened at 10:24 p.m. Roll Call remained the
same.
00-
CLOSED SESSION
City Attorney Olivas stated that in Closed Session the City Council, pursuant to Government
Code Section 54956.9(b), will consider a Conference With Legal Counsel regarding Anticipated
Litigation, Significant exposure to litigation, potential number of cases is 3). The Subject Matter
being facts and circumstances that might result in litigation against the local agency but which the
local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and
circumstances need not be disclosed; and Conference With Legal Counsel regarding Existing
Litigation, Case: Weber V. City of Baldwin Park, Superior Court Case No. KC 026270, pursuant to
Government Code 54956.9.
The regular meeting of the City Council adjourned to a Closed Session at 10:26 p.m.
The regular meeting of the City Council reconvened at 11:15 p.m. Roll call remained the same.
City Attorney Olivas stated that in Closed Session the City Council discussed the items as previously
stated, gave direction to Staff and that no action was taken.
00-
Mayor Lowes declared the regular meeting of the City Council was adjourned at 11:17 p.m.
There were no objections.
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