HomeMy WebLinkAbout1998 05 06 CC MIN1998 05 06 CC MINòw @˜ )
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8 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC
AVENUE, WEDNESDAY, MAY 6,1998
The City Council net 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,
Acting Chief of Police Kies,
Interim Finance Director Sanchez,
Dir. of Community Development Cervantes,
Dir. of Public Works Mousavi,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro, and
City Clerk Gair
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PRESENTATIONS
Officer Rick Villines explained the program that the recipients have been through and introduced the
eight Citizen Academy Graduates. Council presented certificates to Angelica Centerio, Shirley
Espinosa Joy Tatum, Richard Tatum, Rudy Escalera, Jo Ann Ayala, Robert I. Chevez, and Victor
Chevez.
Mayor Lowes read the Proclamation declaring the week of May 17, 1998 thru May 23, 1998, as
National Public Works Week, and presented it to Kara Bouton of the Public Works Department.
Mayor Lowes read the Proclamation declaring the third week of May as Love In Motion Week,"
and presented it to Mrs. Helen Arellano. Mrs. Arellano thanked the Council for recognizing this
effort.
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SUBSEQUENT NEED
City Attorney Olivas explained that there is a Subsequent Need Item that occurred after the posting
of the agenda and it is necessary to consider the contract services of the Interim Finance Director
to approve the rate of compensation. This will be discussed under Reports of Officers
Commissions, and Committees and is authorized by Government Code Section 54956(b).
It was moved and seconded to place a Subsequent Need Item on the agenda to consider under
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 2
OF THE CITY OF BALDWIN PARK MAY 6,1998
Reports of Officers, Commissions, and Committees to discuss the contract services of an
Interim Finance Director and approve the rate of compensation until the Finance Director
position is filled permanently. M/S/C: LOZANO/MUSE. There were no objections.
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ORAL COMMUNICATIONS
Mayor Lowes declared Oral Communications open and invited those wishing to speak to come
forward.
Robert Barajas as, Office Representative for Hilda Solis, invited citizens to contact their office for any
inquiries that they might have.
Jean Carpenter, Recreation/Community Services Commissioner, encouraged an increase in CDBG
funding to Mano a Mano here in the City.
Some of the Residents from Baldy View Trailer Park came to voice their complaints about the
condition of the trailer park which included 1) charging the residents to park their cars; 2) one
months notice to raise their rent $100; 3) the rent is too high for their income; 4) wanting to know
if the park will close in 1999; 5) the large number of mice rats) at the park; 6) the outsiders that
come in and steal their childrens' toys; 7) living conditions are terrible, but they cannot afford to
move; 8) they need the sympathy and help of the Council; 9) the large amount of standing water
after the rainstorms; 10) that the owner is abusing the residents because of the way he keeps the
park; and 11) they asked that Council consider rent control. Those persons were:
Jesus Lopez Marco Torres
Enrique Flores Comado Magdelena
Raquel not audible) Maria Leal
Eddy Sons Teresa Garcia
Shawn Curtis
Maritza Torres
Rogelio Coronal
Some of the residents also criticized Mayor Lowes for not helping them, and for a loan that her son
received for a low income house. They spoke of the help received from Mayor pro tem Lozano after
they talked to him. They spoke with the police and code enforcement and they still need help. They
that they pay the same taxes as everyone else and that they have the right to talk. Some asked about
the funding of the Gas Tax and the County over-payment. One person asked for a CEO and to not
have an assistant manager.
Council discussed the issues that were before them and explained that housing loans can be looked
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8 REGULAR MEETING OF THE CITY COUNCIL PAGE 3
OF THE CITY OF BALDWIN PARK MAY 6,1998
into on the 3rd floor of city hall in the Housing Division. They criticized the environment that these
persons live in and offered to be at the trailer park on the following day at different hours.
Dan Trunco, Baldwin Park, encouraged rent control in the City. Council can do something, people
should not be put out in the cold. He also commented on the healing that is needed in the City. start
with the City Council and work for the people. He spoke regarding Dr. Krause and his being hired
for Acting City Manager. Bad mistake and the city does need to heal and Council was elected for
all the people. Can't we just all get along?'
Philipino Community of Baldwin Park and the San Gabriel Valley presented a plaque in
appreciation of the Mayor and the City Council in the area of education.
Maria Contreras, Baldwin Park, participated in the Cinco de Mayo celebration and it was very
successful.
Dolores Holguin, Baldwin Park, spoke of the lack of quality control in the City. She criticized the
home that the mayor's son purchased through the City, because she stated the loan was denied by a
committee and then influence changed what was first decided. She also commented on the
personnel issue with Dr. Kraus and the need for a background check for interim personnel. She
demanded to see the background check for a personnel contract. She asked for an investigation of
the mayor's son in purchasing his home or she will go to the DA's office to seek the information.
Mayor Lowes responded that all housing programs were advertised on cable TV and in the NOW.
These programs are not a give away and they are for everyone. Anyone could apply and they still
can and there are very few that apply. She stated that these allegations are absolutely not true
because she went to the HUD people and was told that this was proper. Mayor pro tern Lozano
requested that an investigation of the loan process be done. He directed staff to have a formal
investigation, release the makeup of the committee, and to examine the entire process.
Marlen Garcia, Baldwin Park, spoke regarding Mr. Flores and the trailer park issue. They are not
saying that they will not pay the $100, but they want things cleaned up. She stated that the Council
needs to put pressure on the owner of that property. She expressed her fear for the people that are
in the park. People need to be communicated with about the services that are available in the City.
Mary Ferrer, Baldwin Park, was at the trailer site most of the summer and has seen the conditions
that are there. She congratulated the families that are here today and are speaking for themselves.
The kids need this trailer park to be better.
Raul Martinez, Baldwin Park, stated that the Council is really limited in this situation. A few years
ago the City went into the trailer parks and set in motion the closing of the trailer parks. He
suggested that the Council look at every possibility to accelerate the process before the 1999 time
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 4
OF THE CITY OF BALDWIN PARK MAY 6,1998
ends. Give consideration to relocating them now and you are hurting the owners by stopping the
rent. He felt that the proper action would be to coordinate several agencies again and cite the flaws
in these parks and the motels, because this needs a task force effort.
Council Members expressed their agreement with the idea of getting several agencies together to
go into the trailer parks and doing a major inspection to assist with the problems that are there.
There being no other speakers, Mayor Lowes declared! Oral Communications closed.
00-
CONSENT CALENDAR
City Clerk Gair presented the Consent Calendar:
1. Approval of Certificate of Posting for May 6, 1998
2. Approve Minutes:
Regular Meeting: April 15, 1998
Adjourned Meeting: April 2, 1998 and April 3, 1998
Special Meeting: April 27, 1998
Special Session: April 15, 1998
3. Waive Further Reading and Adopt
RESOLUTION NO.98-31- 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. Waive Further Reading and Adopt
ORDINANCE NO.1131 AMENDING BALDWIN PARK CODE OF
Second Reading) ORDINANCES SECTION 31.01 et seq., BY
DELETING PROVISIONS FOR CITY
MANAGER AND ADDING PROVISIONS FOR
CHIEF EXECUTIVE OFFICER
5. Approve Final Tract Map TM 52450- 4430 4436 Phelan D.C. Corporation
6. Waive Further Reading and Adopt
a) RESOLUTION NO.98-32- APPROVE ENGINEER'S REPORT FOR
STREET LANDSCAPING AND LIGHTING
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 5
OF THE CITY OF BALDWIN PARK MAY 6,1998
MAINTENANCE IN A LANDSCAPING
AND LIGHTING MAINTENANCE DISTRICT
b) RESOLUTION NO. 98-32A DECLARING ITS INTENTION TO ORDER
THE ANNUAL ASSESSMENT LEVY AND
COLLECT ASSESSMENTS FOR CERTAIN
IMPROVEMENTS AND MAINTENANCE
PURSUANT TO THE PROVISIONS OF
DIVISION 15, PART 2 OF THE STREETS &
HIGHWAYS CODE OF THE STATE OF
CALIFORNIA AND SETTING A TIME AND
PLACE FOR A PUBLIC HEARING
7. Waive Further Reading and Adopt
a) RESOLUTION NO.98-33 APPROVING THE ENGINEER'S REPORT FOR
STREET PARK MAINTENANCE IN A
CITYWIDE PARK MAINTENANCE
ASSESSMENT DISTRICT
b) RESOLUTION NO. 98-33A DECLARING ITS INTENTION TO ORDER
THE ANNUAL ASSESSMENT LEVY AND
COLLECT ASSESSMENTS FOR CERTAIN
IMPROVEMENTS AND MAINTENANCE
PURSUANT TO THE PROVISIONS OF
DIVISION 15, PART 2 OF THE STREETS &
HIGHWAYS CODE OF THE STATE OF
CALIFORNIA AND SETTING A TIME AND
PLACE FOR A PUBLIC HEARING
8. Approve Agreement Reimbursement Claims for State-Mandated Costs SB90
David Wellhouse & Associates
9. Approve Memorandum of Understanding MOU) County of Los Angeles
National Pollutant Discharge Elimination System NPDES) Industrial Inspection
Reimbursement for Education Site Visits
10. Approve User Agency Agreement Participation 1998 Summer Youth Employment
Program Mid-San Gabriel Valley Consortium
11. Approve Application Participation in the 1998 Summer Feeding Program
a) Application to the State of California, Department of Education
b) Agreement With El Monte Union High School Preparation of Program
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Meals
c) Authorize the Director of Recreation & Community Services to Execute
Summer Feeding Program Documents
12. Approve Employee Agreement Chief of Police Richard A. LeGarra
13. Waive Further Reading and Adopt
RESOLUTION NO.98-34- AMENDING RESOLUTION NO.98-8 BASIC
SALARY Chief of Police)
14. Approve Professional Services Chief Executive Officer Recruitment David M.
Griffith & Associates
15. Approval of Pre-Employment Check Clearance Processing
16. Waive Further Reading and Adopt
RESOLUTION NO.98-35- APPROVING CERTAIN PLANS AND
SPECIFICATIONS FOR THE CONSTRUCTION
OF THE RIVERGRADE ROAD DRAIN PHASE II)
PROJECT IN THE CITY OF BALDWIN PARK,
CALIFORNIA, AND AUTHORIZING THE USE OF
PUBLIC STREETS FOR CONSTRUCTION,
OPERATION, AND MAINTENANCE OF THESE
FACILITIES
17 Waive Further Reading and Adopt
RESOLUTION NO.98-36- SUPPORT OF THE GREENFIELDS SGV
PROGRAM FOR GROUNDWATER
REMEDIATION IN THE SAN GABRIEL BASIN
City Attorney Olivas stated that an Indemnification Clause has been negotiated for Item No.9
regarding the restaurants.
Mayor pro tem Lozano requested that Item No.15 be pulled for separate consideration.
It was moved and seconded to approve the Consent Calendar Items No.1-14 & 16-17 M/S/C:
MUSE/LOZANO. There were no objections.
Mayor pro tem Lozano commented on Item No.15 and the background clearance of employees
and questioned the hiring of employees contingent upon a background check. In response to the
Mayor pro tem's inquiry, Personnel/Risk Manger Cole responded that this process would not have
avoided the recent problem, because the City can hire contingent on the fingerprint checks. Council
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has to decide if they want employees to wait for the results or go ahead with the employment.
Contingency is there for all levels of employment, if something does come back negative they are
immediately terminated. The wait for results could have been four to six weeks to have received
the background check for the Interim City Manager, Dr. Kraus. In critical cases where there is a
need to have someone on board immediately but to check their references later is a problem.
Council Members felt that in hiring, a minimum background check should be made and some
information should be checked. Questions were asked about putting certain inquiries on the
applications that could possibly reveal the persons with background problems. Staff also responded
that only law enforcement can obtain special information instantly, and for a normal hire the City
application has a section that asks about any criminal background problems. Interim positions
recently done come on as contract employees and that process will also be changed even if they are
independent contractors. Some Council Members felt that employees should not be hired until their
background is checked and especially those employees that are working with children. Emergency
situations were a concern.
It was moved and seconded to approve Item No.15 for two weeks and bring it back for review
to study all options that are necessary and to be approved. M/S/C: LOZANO/MUSE. There were
no objections
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PUBLIC HEARING
Mayor Lowes introduced the Public Hearing pertaining to Amending the Consolidated Plan
for 1998-2000 and to approve the Annual Action Plan for FY 1998-99 24th Year CDBG
Program and HOME Program.
Community Development Director Cervantes explained that the purpose of the Consolidated Plan
is to determine all the needs in the community, especially the low and moderate income, prioritize
those needs, and set up an action plan to meet the needs with available resources. The areas of
importance were listed in the staff report. The funds estimated to be allocated under the FY 1998-
99 Annual Action Plan for July 1, 1998 thru June 30, 1999 are as follows: 1) Community
Development Block Grant CDBG) $1,824,189; 2) Home Investment Partnership Federal/HOME)
$396,000; 3) HOME Matching Funds BPRA) $84,150; 4) FY 1997-98 Carry-over $174,818;
and Projected Program Income for FY 1998-99 $200,000; Totaling $2,679, 157.
The final recommendation for project funding from the CDBG Advisory Committee and the
Recreation/Community Services Commission were included in the staff report. The
recommendations from the Interim City Manager and the Executive Team were included as a part
of the draft Plan for review. Staff agrees with the Commission/Committee's recommendations.
To fund the Graffiti Removal Pro gram all public service projects were recommended to be reduced
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by 15%. In order to fund the Central Park West Renovation Project, it was necessary to reallocate
funds in the HOME Program by $240,000. It was recommended to conduct the public hearing to
approve the Annual Action Plan/Amended Consolidated Plan with or without modification(s).
Mayor Lowes opened the Public Hearing and invited those wishing to speak on the 24th Year
CDBG Program to come forward at this time.
Alvia Howagee, Service Center for Independent Living, she outlined the services that are provided
by the agency. She locates people in acceptable affordable housing. She expressed her appreciation
to the Council and looks forward to working with the city.
Larry Ortega, Community Union, youth, computers and vision building at the Esther Snyder
Community Center here in the City. He explained their successes and the special programs that they
have been featured on and also how many children they have been able to assist that would not have
received any help. He requested full funding by the CDBG program.
Representative from the East San Gabriel Valley SGV) Coalition for the Homeless speaking for
Kay Rich who could not attend. She explained the program and the services that they provide. She
also thanked the Council for their continued support
Kim Slater, Project Sister, told of the cases that she has seen and the great need that is there for
rape victims. She gave a history of the program and the frightening statistics that relate to rapes.
Their program is for middle school and high school regarding date rape and they meet with men and
women to alert them to the dangers of drugs and date rape. The trainers in the program also
accompany victims to court and assist them in their testimony. She requested that the Council
reconsider them and fund the program.
Ida Feria, Choice Program Teen Pregnancy Program), explained the teen pregnancy program that
they administer at North Park High School. Choices works on healthy relationships and educational
components that are provided to the clients.
There being no other speakers, Mayor Lowes declared the Public Hearing closed.
Council Members discussed at length the Sisters Program and the Choices program to compare
them for duplication of services. Council Member Van Cleave stressed the difference between
education for date rape and the educating for teen pregnancy. Project Sister is sexual assault which
is rape and incest while Choices is about violence. The Council by 4 to 1 concurred that they would
not support the Sister Program because it duplicated the Choices Program. Council Member Van
Cleave disagreed with the decision.
After discussion of the distribution of the funds the Council determined that the following
modifications would be made to the Public Services funds:
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1. To not fund the Children's Bureau
2. Increase support Mano Mano to $10,000
3. Increase Misdemeanor Diversion to $5,000
3. Increase by$1150
It was moved and seconded to approve the Annual Action Plan/Amended Consolidated Plan with
modifications. M/S/C: MUSE/LOZANO. There were no objections.
00-
REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES PULLED
The award of contract to Sid Mousavi for services as a contract Director of Public Works was
pulled to be considered at a later date.
The award of contract for Interim Finance Director position for Jose Sanchez was held to a later
date.
00-
COUNCIL. STAFF REQUESTS AND COMMUNICATIONS
Council Member Muse 1) asked in regard to the Animal Control contract arid told of the
problems that have arisen with animals not being picked up. In response, Acting Chief of Police Kies
stated he met with Animal Control to work out a better work effort. Council asked to review the
minutes regarding the action that was taken on the contract with Animal Control; 2) told of the
Dial-A-Ride complaints she has heard about the drivers not driving safely. She suggested an Am
I Driving Safely" sticker on their bus; 3) the Cal Trans storage yard looks terrible by the freeway;
arid 4) the signal at off- ramp at the I-10 needs to be installed.
Councilman Pacheco 1) spoke of his concern regarding the economic development of the Towne
Center. He requested that the City look into getting a consultant that would search with our benefit
in mind to fill the center. This needs to be a priority and to be aggressively pursued. He asked that
this be placed as an agenda item; and 2) the allocation for All American Cities of approximately
$18,000 be used for marketing in the City, possibly by meeting the concerns of Guadalajara Grill
and the Radisson about the direction signs to use some of that money to make that happen. He also
wanted that on an agenda.
Mayor pro tern Lozano requested again that the processes relating to the Loan Committee be given
to the Council. He inquired about the Ice Cream trucks that the residents are seeing again. Staff
responded that they can be legally licensed again and there is one that is licensed.
Mayor Lowes requested a monthly report of the billings to the City that are made by the City
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Attorney's film of Beltran Leal & Medina.
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The regular meeting of the City Council recessed at 10:45 p.m.
The regular meeting of the City Council reconvened at 11: 01 p.m. Roll call remained the same.
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CLOSED SESSION
The City Council adjourned to a Closed Session at 11:01 p.m. to consider a Conference With Labor
Negotiator, Agency Negotiator: Personnel/Risk Manager Cole, Employee Organizations: SEIU
Professional & Technical Confidential Police Management Employees General Management
Employees Executive Management Team, pursuant to Government Code 54957.6.
City attorney Olivas stated that in Closed Session the Council discussed the items as stated above.
Direction was given to Staff and no action was taken.
00-
Mayor Lowes adjourned the regular meeting of the City Council at 11:40 p.m. There were no
objections.
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