HomeMy WebLinkAbout1998 02 18 CC MIN1998 02 18 CC MINòw @˜ ~ å
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8 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CITY HALL, 14403 EAST
PACIFIC AVENUE, WEDNESDAY, FEBRUARY 18,1998
The City Council met in regular session in the
Council Chamber 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,
Interim Director of Finance Holmes,
Dir. of Community Development Cervantes,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro, and
City Clerk Gair
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ORAL COMMUNICATIONS
Mayor Lowes declared Oral Communications open and invited those wishing to speak on any
subject to come forward.
Jeanette Vasquez, Field Representative, informed everyone that the office of Assemblyman Gallegos
has moved to the City of Industry.
Dan Trunco, Baldwin Park, asked when will the residents know whether there will be an E-Team
or a City Manager. He felt that the people should know and this needs to get done.
Dick Tatum, Baldwin Park, spoke regarding his concern about the Concealed Weapons permit
requirements being too rigid. People need to be able to defend themselves. He would like to see the
requirements relaxed in the City.
Jean Carpenter, Baldwin Park, speaking as a Recreation Commissioner, asked that the Council
approve the two commissions, Housing and Recreation, having equal voting rights regarding the
CDBG process. She felt the Advisory Commission and the Recreation Commission should work
together on this funding.
Marlen Garcia, Baldwin Park, Recreation Commission and Chairperson asked that the two
commissions be approved to work together on the CDBG funding. She felt the need for the services
funded by CDBG will increase and working together the Commissioners could better serve the city
and people.
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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 February 18, 1998
2. Approve Minutes:
Regular Meeting: February 4, 1998
Special Meeting: February 2, 1998
Study Session: February 4, 1998
3. Waive Further Reading and Adopt
RESOLUTION No.98-11- ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
Warrants to Mr. Bill's Hardware& &e Financial
Conflict of Interest Council member Van
Cleave Abstains)
4. Receive and File Treasurer's Report
January 31, 1998
5. Waive Further Reading and Adopt
ORDINANCE NO. 1129- AMENDING BALDWIN CODE OF ORDINANCES
Second Reading) BY ADDING SECTION 132.04 CONCERNING
PUBLIC URINATION AND DEFECATION
6. Waive Further Reading and Adopt
RESOLUTION NO.98-12- APPROVE AMENDING RESOLUTION NO.96-
96 FIX[ING EMPLOYER'S CONTRIBUTION
UNDER PUBLIC EMPLOYEE MEDICAL AND
HOSPITAL CARE
7. Approve Consent of Change in Control Request Metricom
8. Approve Design and Authorize to Advertise Construction of 1997-98 Safe Route
to School Sidewalk Program CIP 704
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9. Waive Further Reading and Adopt
RESOLUTION NO.98-13 APPROVAL OF PROGRAM SUPPLEMENT
NO. 004 TO ThE STATE-LOCAL
PARTNERSHIP PROGRAM AGREEMENT
NO. SLTPP-5323
It was moved and seconded to approve the Consent Calendar as presented. M(SZC:
MUSE/LOZANO. There were no objections.
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PUBLIC REARING
Mayor Lowes stated that the Public Hearing pertaining to the Consideration to apply for a
Federal Economic Development Initiative EDI) Grant and a Federal Section 108 Loan
Guarantee Program" will be continued to M&ch 4, 1998.
Councilman Lozano commented on the consultants De la Rosa doing this study for $ 60,000 and
asked if this could be done in-house for a lesser cost. Also, to check with other cities to see how they
have put this together and to study the cost.
It was moved and seconded to continue this item to the March 4, 1998 City Council meeting.
M/SZC: MUSE/LOZANO. There were no objections.
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REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES
Interim Finance Director Holmes requested that Council ratify an appropriation of $556,066,066 from
the General Fund balance and transfer the funds to the Gas Tax Fund in accordance with
instructions of the State Controller's Office. In November 1997, the State Controller's Office
audited the city's Street and Road Report for fiscal years 1994-95 and 1995-96, and required
immediate corrections. The city was in agreement and made corrections in accordance with the
Compliance Audit Findings. The use of these funds is restricted to the construction, improvement,
or maintenance of public streets. Staff recommended the transfer of funds.
Councilman Pacheco commented on the findings that came out in the way that financing records were
being kept. He was concerned about the amount of dollars and the impact on the General Fund.
Finance Director Holmes stated that the General Fund is healthy and every department is cutting
back. By the end of the year the City should be breaking even. She explained the mid-year budget
review process and what kind of cut backs departments can consider.
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Councilman Pacheco requested a copy of the State Audit that is given. Director Holmes responded
that she will check to see if there is a more current audit. She also stated that the auditor made sure
that the transfer of fluids was definitely made before he would eave the City. Councilman Pacheco
asked that Patricia Ramos be contacted for the report.
Councilman Lozano stated that he was outraged that this even happened and the Council had not
known that this took place. He wanted to request the name of who was responsible for this
happening and for this be placed in Closed Session for discussion and this information be provided
to the Council. In response to an inquiry, City Manager Mousavi stated controls are being done to
see that this kind of error does not happen again.
Councilman Pacheco asked about the deficit of almost $1 million that was indicated in the status
report received by Council this week. Director Holmes explained that all the property tax has not
been received by the City yet. The money was being used properly, but was not charged to the
departments that it should have been, and the dollars have to come back to the General Fund.
Councilman Pacheco requested a study session or some kind of meeting on the finances of the City
and the restricted funds and how they are being used.
Director Holmes stated that an independent auditor has been looking at the city finances and City
Manager Mousavi comfirmed that an audit has been completed but the City has not received a report
from the auditors. Council discussed looking at this immediately or waiting for a recent audit. It
was felt that it would be a good idea to look at the report of the auditors prior to having a meeting.
Some Council Members thought that the audit was already done and had been forwarded to the
Council earlier in the Financial Report that was issued. Councilman Lozano asked concerning the
management letter that was given to the City Manager. It was his feeling that the auditors withheld
the letter on their own. Council also asked that there be a meeting concerning this auditing company
and the situation that has developed. Their concern was about the management letter that should
have been received, about the deficit that has appeared, and the need for an overviewZ of what has
happened to the budget.
Also requested was a chronology report of the finances of the City. Council again requested that
this be held at a study session or a special meeting and that more information before there is a
meeting would be helpful. City Manager Mousavi stated it can be scheduled at a council meeting
for the auditors to come and give an oral report to the council.
City Manager Mousavi explained that Director Holmes has already started reviewing every phase
of the way that the budget is being handled and all the processes will be balanced in the future.
Precautions have been put in place to take care of all the problems discussed tonight.
Council also commented that part of the problems were a result of high projections for revenue
dollars and that the dollars did not come in. Councilman Lozano asked about the projections that
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did not reach their goal and if this has happened before. Council expressed concern on how the
deficit will be made up, and commented on the issues regarding the deficit in the budget and the Gas
Tax being mixed up. It was also noted that if the State Controller had not found this P.rror this would
have continued.
It was moved and seconded to ratify the appropriation of $556,066 from the General Fund
balance Account 100) to reimburse the State Gasoline Tax Fund balance Account 114) in
compliance with instructions from the State Controller's Office. MIS/C: VAN
CLEAVE/PACHECO. There were no objections.
City Manager Mousavi stated that the second action relative to the Gas Tax is to request Council
to appropriate Gas Tax funds in the amount of $556,066 for the design and construction of
streets according to the FY 1997-98 Pavement Management Program. He explained that in
November, 1997, independent auditors found that the City had used Gas Tax funds in the amount
of $556,066 for different purposes for FY 1995-96. The use of these funds is restricted to the
construction, improvement or maintenance of public streets, and/or staffing costs directly associated
with Gas Tax projects. In order to resolve this, the City has transferred general funds into Gas Tax
funds in the amount of $556,066. Staff is now requesting the appropriation of $556,066 for the
design and construction of streets according to the FY 1997-98 Pavement Management Program.
This will allow staff to complete the design and construction of more streets during this fiscal year.
In addition, staff will begin and complete the design of street rehabilitation projects for FY 1998-99
now, so that construction will be completed by summer 1998.
It was moved and seconded to amend the budget and appropriate Gas Tax funds in the amount
of $556,066 for the design and construction of streets as recommended by the FY 1997-98
Pavement Management Program. MIS/C: PACHECO/LOZANO. There were no objections.
Interim Finance Director Holmes presented a report to provide an option for Council to allocate
funds for council member attendance at local group events. She explained that at a previous
meeting a council member suggested that the city purchase a table at an up corning function, but no
policy or funding currently exists to allow an expenditure for such an activity. Staff was asked to
draft a policy for council consideration. The City Council budgeted $34,529 in 1997-98 for council
members to attend meetings and conferences. This budget includes $5,000 per council member plus
varying amounts each council member carried over from the previous fiscal year. As of February
9, 1998, there is a balance of $28,917 in the City Council's meeting and conference budget
exclusive of any recent conference reservations). The staff report reflected the balances in each
council member's account and the events the budget allows council members to attend. It is
proposed that each council member be allowed to attend community events of their choice, and that
the cost of such events be charged to the council member's meeting and conference account.
The guidelines proposed for use of public finds to pay for participation at community events are as
follows: 1) The event should be directly related to the City of Baldwin Park; 2) The event should
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not be of a partisan political nature; however, meetings with elected county, state, and federal
representatives should be allowed; and 3) The event should be a non-profit activity, and the city
will not discriminate against non-profit organizations. It was recommended that Council adopt a
policy authorizing attendance by council members at non-profit community events, with the cost
charged to each council member's annual budget for meetings and conferences.
Councilman Pacheco requested that a monthly statement be given to the Council on their account
balance. He inquired about spouses being paid for at these events, and also about the process
regarding airfare for spouses. He was informed that the funds are reimbursed to the city by each
Council Member for their spouse. Mayor pro tern Muse asked about how the attendance at Chamber
of Commerce events are paid and the response was that it is deducted from the Council Member's
account in the same manner as is being proposed.
It was moved and seconded to approve adoption of a policy authorizing atten dance by Council
Members at non- profit community events, with the cost charged to each council member's
annual budget in Account No. 100.01.5330 for meetings and conferences. MIS/C:
PACHECO/MUSE. There were no objections
Director of Community Development Cervantes requested approval of a budget adjustment to
combine the 2nd phase of the Baldwin Park 2020 Program with the public outreach
component of the General Plan Update Project. Council had expressed the desire to continue to
work with Arellano Associates and budgeted $17,000 in CDBG funds for the 2nd phase of Baldwin
Park 2020. The City has applied for an additional grant in the amount of $15,000 that can be applied
toward the continuation of Baldwin Park 2020. The consultant team led by Cotton/B eland was
selected to begin the update of the General Plan, and made a verbal commitment for an additional
$80,000+ for next fiscal year 1998-99. Arellano Associates General Plan project costs under the
current Cotton Beland contract are approximately $26,407. He explained the overlap between the
outreach component of the General Plan work and the Baldwin Park 2020 project. By utilizing the
same consultant Arellano Associates, for both projects, the City has a unique opportunity merge
the two projects. The additional costs for combining the 2nd phase of Baldwin Park 2020 with the
General Plan Update work is approximately $21,160, $15,860 of which would be added to the Cotton
Beland contract for Arellano Associates, with $5,300 for City paid printing and postage. Staff
recommended approval.
Mayor pro tem Muse asked about combining the two projects because she was concerned that the
Baldwin Park 2020 project is being watered down. She spoke of the grants that the City has been
able to apply for by using the data from the Baldwin Park 2000 project but in the General Plan
outreach she does not feel that the questions are being asked that will give the kind of information
that can be used in the future for the same purposes. She did not think that the scope of work is what
should be done for the amount of money being spent.
Director Cervantes explained that they had looked at whether this is realistic or not as part of the
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questions that are being asked. He felt that the concerns are real and that this needs to be looked at
by Arellano Associates and that things need to be added to this to make it more effective. Mayor
pro tern Muse commented that more information will benefit the CDBG process and that this item
needs to he continued. Mayor Lowes told about how many questions were on the first survey that
was made and that the survey was very extensive, so there needs to be a better number of questions
for this survey.
Director Cervantes explained the two focus groups that are needed, and also the funding that is being
requested from CDBG funding, and that postage will be paid for from the General Fund. Council
asked for a scope of work for the Baldwin Park 2020 project.
It was moved and seconded to continue this item to a future City Council meeting.
Director of Community Development Cervantes requested an amendment to the traditional
CDBG determination of priorities, prior to final recommendation to Council. Staff is
proposing that Council consider the following two options prior to making a formal amendment in
the process. Option 1 Appoint the Recreation and Community Services Commission to select
public service programs for Council consideration. An amendment identifying the Recreation and
Community Services commission as a body that will hear requests for funding and make formal
recommendations to Council. Staff feels that HUD could make an audit finding that this was a
substantial departure from our pre-approved Consolidated Plan Program for Citizen's Participation.
Option 2 Appoint the Recreation and Community Services Commission as a joint body to
determine final recommendations for funding for the public services portion of the CDBG Budget.
This option will allow the Recreation and Community Services Commission to compliment the
existing process and give the new commission equal authority in making final recommendations for
funding. This option will not affect the pre-approved consolidated Plan Program for Citizen's
participation. Both options would require a special meeting to inform the Recreation and Community
Services Commission of previously submitted funding requests. The Recreation and Community
Services Commission would adjourn their March meeting to March 5' 1998, meeting with the
CDBG/Housing Commission. Staff is formally amending the Consolidated Plan for the next two
years of CDBG and HOME Funded Programs. Staff recommended that Option 2 is more a
compromise and minimizes HUD finding a significant departure of our approved Citizen's
Participation Process.
Mayor pro tern Muse felt that staff came up with a good option with Option No.2 and that she
realized the time frame at this time would be difficult. Next year they can begin at the start to work
together. Mayor Lowes stated that Option No. Z would not be good for us and asked how many
groups came to ask for funding and was told that six had come forward at the last meeting.
In response to Mayor Lowes question, Management Assistant Mimura stated that the public is
invited to these meetings and can make public comment. Mayor Lowes felt that a lot of work has
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already gone into this and she would like this change to begin next year at the beginning. Assistant
Mimura stated there would be a special meeting to bring the new commissioners up to par or there
is a meeting already scheduled and the commissioners will receive more information. City Attorney
Olivas confirmed that combining the groups would be legal.
Mayor Lowes asked about how the commissioners would be compensated and if the commissions
are divided how can they get the input and do the job. Assistant Mimura stated that most of the
input is from the public services and the Housing Commission probably would not attend without
having input on the public services funding. Councilman Pacheco commented on the ideas that were
brought forth by the Recreation Commissioners at a joint meeting and he felt that their ideas need
to be implemented
It was moved and seconded to approve Option 2, to Appoint the Recreation and Community
Services Commission as a joint body to determine final recommendations for funding for the
public services portion of the CDBG Budget. M/SIC: MUSEIPACHECO. Mayor Lowes
objected.
00-
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS[
Mayor pro tern Muse noticed that on the past President's Holiday that the Community Center was
closed and on some other holidays that are observed when the schools are closed and the Community
Center is not open. She was concerned about the pupil free days that there should not be a
restriction on those days as to the time that equipment can be checked out to use. Director Nunez
responded that the holidays vary between the schools for student free days and there is no consistency
as to when to keep the Community Center open. The availability of staff is also a concern, but he
will provide a calendar & to Council for their review and questions. She also asked about what can
be done about the Towne Center because there is a real need for marketing that center.
Councilman Pacheco asked about taking out ads for the Towne Center and doing something
aggressive to try to get activity there. He also felt there are other centers and areas that should be
looked at and start to implement some activity. He suggested an economic summit to talk about
how to use our resources. He asked that the Council be notified if developers call so that the
Council can also talk to those developers. Council requested that this be placed on another
agenda or preferably on the March 4 agenda.
Councilman Van Cleave thought the Council had things backwards because so many people are not
interested in renting the Towne Center property because the owners do not want to rent and the
owners do not care. The owners want to sell.
Councilman Pacheco&o inquired about the number of candidates that have applied for the Chief of
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Police position 6 have applied). Council Members asked regarding the interviews and requested
starting the interviews early. It was brought up that there was a need for a strategy for the process
to be used and that has not been decided on just yet. Council requested that they receive a copy of
the applications that have been received and that the Council also submit questions they would like
to have asked of the applicants. City Manager Mousavi suggested that Council receive the
questionnaires that were used before and Council could then get back to staff with their suggestions.
Councilman Lozano stated that he would like to set Mr. Kraus, who is interviewing Council and
Staff about the City's form of government to speak at a March meeting. Council discussed setting
up a separate meeting to hear from him to allow for more time. Council also discussed how his
interviews will be arranged.
Mayor Lowes related to staff that the Chamber of Commerce would like to have a meeting with
the Council and that this should be set up by the end of March.
Director of Recreation/Community Services Nunez listed the three events that are coming up at
the Community Cent& and invited the Council to attend. He explained that the collaborative funds
will support the general operation of the Family Service Center.
City Manager Mousavi stated that Dr. Parks has indicated that a good target date for the joint
meeting with BPUSD would be in late March or April.
00-
The regular meeting of the City Council recessed at 8:47 p.m.
The regular meeting of the City Council reconvened at 8:56 p.m. Roll call remained the same.
00-
CLOSED SESSION
Mayor Lowes adjourned the regular meeting at 8:56 p.m. to a Closed Session to consider a
Conference With Legal Counsel for Anticipated Litigation, or Significant Exposure to Litigation
pursuant to Government Code 54956.9(b), the Number of Cases to be considered is 5.
The regular meeting of the City Council was reconvened at 9:40 p.m. Roll Call remained the
same.
The City Attorney stated that in Closed Session the City Council gave direction to staff regarding
the stated item and no action was taken.
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1998 02 18 CC MINòw @˜ ~ å
CC MIN FEB 18 1998â›[H6
8REGULAR MEETING OF THE CITY COUNCIL PAGE 10
OF THE CITY OF BALDWIN PARK FEBRUARY 18, 1998
00-
May& Lowes adjourned the regular meeting of the City Council at 9:40 p.m. There were no
objections.
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