HomeMy WebLinkAbout1998 09 16 CC MIN1998 09 16 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, September 16, 1998
The City Council met in Regular Session in the
Council Chambers at 7:00 p.m.
ROLL CALL PRESENT: COUNCILMEMBERS LOZANO, MUSE, PACHECO,
VAN CLEAVE and MAYOR LOWES
ALSO PRESENT: City Attorney Olivas,
Finance Director Hathaway,
Chief of Police LeGarra,
Dir. of Community Development Cervantes,
Dir. of Public Works Mousavi, and
Dir. of Rec/Community Services Nunez
00-
Mayor LOWES stated, tonight we have the American Red Cross present to give a commendation
to Police Officer Mike Hemenway.
Chief of Police LE GARRA said, tonight we are here to acknowledge and commend one of our
P&ice Officers, Michael Hemenway, for his life saving efforts while in service to the community of
Baldwin Park. On the evening of July 29, 1998, Officer Hemenway responded to a baby not
breathing' call within 30 seconds of the call. Officer Hemenway arrived and found a five month old
infant lifeless. Mike quickly assessed the infant's condition and immediately administered CPR for
nearly six minutes without any assistance. I can tell you that can be very fatiguing because it's very
intense. He continued this until the arrival of the paramedics from the Los Angeles County Fire
Department, Squad 29. White continuing CPR, Mike briefed the paramedics as to the infant's
condition while being prepared to assume primary care of the infant. Mike continued his actions to
sustain the life of the infant which allowed the medical personnel on the scene the opportunity to
continue other emergency procedures and assess the extent of the immediate medical condition.
Sadly, however, the serious nature of the infant's injuries were not reversible and two days later the
infant succumbed to the injuries that she had incurred.
Officer Hemenway was hired as a Police Officer for the City of Baldwin Park in January of 1992,
after graduating from the Rio Honda Police Academy. Prior to his appointment as a Police Officer,
he worked as an Emergency Room Technician at Torrance Memorial Hospital and is an Emergency
Medical Technician for ambulance companies in both Orange and Los Angeles counties. His training
proved to be very invaluable in this incident. In December of 1996, Mike was appointed to our
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 2
OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1998
Canine Detail. As a Police Chief I want to take this opportunity to commend Officer Hemenway for
his unselfish application of his personal skills and training when he answered this call. At this time,
Jean Timly, the manager of the El Monte Red Cross office, would like to step forward and make this
presentation.
Red Cross Manager Jean Timly presented Officer Michael Hemenway with a plaque.
Mayor LOWES said, I think that deserves a plaque from our City and we certainly would like to
prepare one for you. We are very proud of you, Officer Hemenway, and thank you so much.
Councilinember PACHECO requested Officer Hemenway to come to the front. I just want to
thank you. You did an outstanding job. Thank you very much for trying to save the life of the infant.
I know as a parent how I would have been. I would have felt very safe that you were there trying to
save the life of my child. I think the community appreciates your actions and what you have done.
Thank you for that.
Councilmember LOZANO stated, Officer Hemenway, I also want to recognize you for this
courageous moment. I think that you are an example of the professionalism of Officers we have here
in the City that are prepared to take whatever measures necessary, whether it be the safety of this
community or the safety of others. You demonstrated the level of standards that our Officers uphold
here in this City. I want to personally thank you and recognize you for that because this is well
deserved. As the Mayor mentioned, we will be getting you a plaque because it represents what you
have done for this City.
Mayor LOWES presented Awards of Merit to: 1)Theresa Vargas for Junior Statesman Foundation
Summer School Program, and 2)David Ferrer for Optimist Club District Speech Contest Scholarship
winner.
David Ferrer thanked the Mayor and the Council for recognizing him.
Theresa Vargas gave an acceptance speech thanking everyone involved.
Councilmember PACHECO congratulated both winners.
Mayor LOWES opened the Redevelopment Agency with the second Public Hearing and then
moved the regular Public Hearing before Oral Communications.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 3
OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1998
REDEVELOPMENT AGENCY
II. A. Resolution of Necessity Hearing/proposed AutoNation Project
Community Development Director CERVANTES presented the Staff Report to the City Council.,
stating that the recommendation is to approve and adopt the Resolution of Necessity.
Mayor LOWES opened the Public Hearing.
Mark Forbush stated, I am speaking for Lucienne Forbush, who has residential income property on
Big Dalton, Baldwin Park. Ms. Forbush opposes this project. She believes the City desires to
increase its revenue by use of eminent domain or a condemnation or a threat thereof The City's
desire to increase revenue will prevail over the desire of the owner to increase its own revenue. Ms.
Forbush will have to respond legally if the City approves this Resolution of Necessity.
Mark Fox said, I'm an attorney representing one of the property owners that will be affected by tliis
project. We understand that the appraisals were prepared relatively a long time ago and they should
be updated.
William Saltzman, Baldwin Park said, r moved my motorcycle business to Garvey Avenue so I
could have the Freeway exposure. I also bought my home, eight other houses and a lot on Garvey
Avenue. In the mid-SO's the City of Baldwin Park declared my property non-conforming, therefore,
a public nuisance. I fought back, my homes were spared. By Z 986 another threat via a Community
Redevelopment Plan encompassing all my property was rumored. I ask the Redevelopment Agency
to pay fairly for my 30 years at my business and of my life.
Charles Kowlokolski, Law Firm of Palmeiri, etal. said, we submitted the letter on behalf of Tracy
and Kathy Ellis and Ellis Roofing Company, on East Garvey Avenue. I object to the Resolution.
Z)The Agency is incapable of conducting a fair, legal and impartial hearing on the adoption of this
Resolution. The Development Agreement and the prior negotiations with AutoNation have left this
Council and the Agency with little or no discretion to act independently to pass the Resolution this
evening. 2)The purpose of the Redevelopment Agency is to eliminate blight in this area. The City
Council determined that the Ellis property actually eliminates blight. 3)Issues of Compensation The
Agency is required to make offers of compensation to the property owners. However, the offers
were based on stale comparables and does not include all damages related to business and
improvements on the property. 4)Owner Participation The owners are entitled to receive notice that
they are allowed to participate in the Redevelopment Project. Although the owners were provided
a notice, the notice required unreasonable restrictions and requested that the property owners provide
some kind of use like the AutoNation use. Rather than some other economically viable use. Based
on the objections in my letter and the objections stated here tonight, I request that the Resolution of
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 4
OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1998
Necessity and the decision to enter into a Disposition and Development Agreement with AutoNation
be denied.
Mary Heist, Baldwin Park said, I lived in the project where Target is right now. The Redevelopment
Agency did wonders for the renters. If it wasn't for them we wouldn't have been able to buy our
house on Azusa Canyon Road. I think it would be wonderful for Baldwin Park to go ahead with the
project.
Raul Martinez, Baldwin Park said, I support the AutoNation project. It's not about revenue. It is
about improving Baldwin Park.
Dan Steffen, Baldwin Park stated, I am a resident in the project area and I back the Resolution of
Necessity and the DDA. Please be fair with the second appraisals.
Nancy Telavenega, Baldwin Park said, I live in the project area. I believe it is in the best interest
of the City to move forward.
Nancy Novak, Baldwin Park said, we have been the owners of Cameron Properties, Inc. for over 20
years. We have a good, firm income flow from the property. We do not agree with the fair market
appraisal. On another issue, our tenants received the notice package, not us. In many cases, when
we have vacancies, it is infringing on our ability to rent them. We feel we have an obligation to
disclose the condition they are renting into. So they are not going to rent.
Mayor LOWES closed the Public Hearing.
Mayor LOWES stated, the entire City Council is very interested in being fair. That is what we plan
on doing with this.
Arnold Glassman said, the comment about informing owners, as part of the record we would like
to have attached a correspondence dated September 4, 1997 wherein the Agency did apprise the
property owners of their owner participation rights pursuant to the Redevelopment Plan and also a
meeting was held on September 17 of last year for that purpose. Additionally, as you evaluate this
action this evening, you have options to approve or disapprove or take no action at all. There are still
issues of property values and relocation. There will be an update of appraisals.
Mayor LOWES asked for a motion to adopt Resolution No.332. A Resolution of the Baldwin Park
Redevelopment Agency Finding and Determining that the Public Interest, Convenience and Necessity
Require the Acquisition of Certain Real Properties for Redevelopment Purposes and all Uses
Appurtenant thereto Located within the Sierra Vista Redevelopment Project. That includes
attachments.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 5
OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1998
M/S/C: MUSE/PACHECO There were no objections.
Roll Call: LOWES-Yes, MUSE-Yes, VAN CLEAVE-Yes, LOZANO-Yes, PACHECO-Yes
II. B. Disposition and Development Agreement for the Proposed AutoNation Project located
immediately North of the San Bernardino Freeway I-10), 21 acre property bounded
by the I-10 Freeway, Big Dalton Avenue, Merced Avenue and Puente Avenue.
Community Development Director CERVANTES presented the staff report to City Council.
Mayor LOWES opened the Public Hearing.
Harry Brumly, director of Real Estate for AutoNation USA stated, we are very excited to have an
opportunity to join your community. We have a lot to offer in terms of jobs and revenue and it will
look nice. We are going to landscape. We will all be proud.
Charles Kowlokolski, Law Finn of Palmeiri, etal. representing the Ellis's and Ellis Roofing Company
said, again we object to the adoption of this Agreement. 1)Disagreement on the grounds you are
conveying the property to AutoNation at less than fair market value. 2)AutoNation is a floater
developer. The Agency could have gone with a local developer to keep additional monies in the state
of California and the City of Baldwin Park. 3)The Council and the Agency does not have
indiscriminate discretion. They have irrevocably committed themselves to enter into this Agreement.
Mayor LOWES closed the Public Hearing.
Councilmember PACHECO stated, I viewed the AutoNation in Irvine and I was very impressed
by the presentation. They have a unique setup. There is a day care center, a computer to input
information to help you choose a vehicle and the landscape was very distinctive.
Mayor LOWES stated, I went down also to look at it. I was treated very royally. I was impressed.
Councilmember VAN CLEAVE stated, we started out with $1.8 million with the off-site
improvements and now we are down to $500,000. What are we getting for the remainder, what are
we loosing? Harry Brumly, director of Real Estate for AutoNation USA stated, our goal is to
reduce the $1.8 million to a lower number. In return the City gets job opportunities for the residents
of Baldwin Park, sales tax revenue that is going to be generated for your community, tax increment
revenue that will continue on over the course of time and you get a major player in the industry, with
a state-of-the-art concept for your City. Councilmember VAN CLEAVE asked, we are still buying
the land for $14.00 a foot and selling for $10.00 a foot, how do we make up the difference?
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 6
OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1998
Mayor LOWES stated, I want to ask Council that we direct this off-site agreement to be
renegotiated and addressing specific points. One is that I would like to negotiate eliminating the letter
of credit and 110% deposit required from the Agency. Also, I want this not be subject to the ERI
requirements for the off-site improvements. Also, the Redevelopment Agency repayment occurring
is by or through a payment structure acceptable to the developer, a lump sum payment or discount
or rebate from sales tax and/or other sirnilar types of taxes. I would prefer for those repayments that
we try to get them through tax increments rather than sales tax because we would like to keep our
sales tax for the General Fund.
Harry Brumly said, relating to the applicability of the off-site agreement to an Environmental Imp act
Rep on Study transfer of title cannot occur until the final Environmental Imp act Rep on is approved.
One thing that will be needed is the obligation of the developer to obtain the use permit. We will go
back to the renegotiating table. That decision will have to come back to the City Council and to the
Agency Board for your approval.
Mayor LOWES asked for a motion to approve Resolution No.98-74. Resolution of the City of
Baldwin Park approving a Disposition and Development Agreement of and between the Baldwin Park
Redevelopment Agency and AutoNation USA, a Florida Corporation, pertaining to the disposition
and development of real prop erty located in the Sierra Vista Redevelopment Project Area making
findings, therefore, as required by California Health and Safety Code Redevelopment Law, Section
33433. City)
M/S/C: MUSE/PACHECO There were no objections.
Roll Call: LOWES-Yes, MUSE-Yes, VAN CLEAVE-Yes, LOZANO-Yes,
PACHECO-Yes
Mayor LOWE S asked for a motion to approve Resolution No.333. A Resolution of the Baldwin
Park Redevelopment Agency approving a Disposition and Development Agreement of and between
the Baldwin Park Redevelopment Agency and AutoNation USA, a Florida Corporation, pertaining
to the disposition and development of real property located in the Sierra Vista Redevelopment Project
Area making findings, therefore, as required by California Health and Safety Code Redevelopment
Law, Section 33433. Agency)
M/S/C: MUSE/PACHECO There were no objections.
Roll Call: LOWES-Yes, MUSE-Yes, VAN CLEAVE-Yes, LOZANO-Yes,
PACHECO-Yes
Mayor LOWES closed the Redevelopment Agency meeting.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 7
OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1998
Mayor LOWES called for a 15 minute coffee break.
Mayor LOWES opened the Regular City Council meeting.
ORAL COMMUNICATIONS
Margarita Vargas, Baldwin Park said, I want to congratulate the Council and Community for
working together. On the City Clerk position, I suggest you appoint Mrs. Tizcareno.
Raul Martinez, Baldwin Park said, I like seeing us working well together also.
Danny, Baldwin Park said, cars speed along at Pleasant View School. We need a cross-guard there.
Chief of Police LE GARRA said, we talked to Danny during the break and Captain Kies is already
working on it.
Mary Ferrer, Baldwin Park complimented the Council for acknowledging the children and other
residents for their achievements.
Conrado Magdaleno, Baldwin Park said, I believe Kathy Tizcareno should be appointed to City
Clerk. The Tribune lately has been acting more like the National Enquirer instead of a Newspaper.
Baldwin Park is shown as the black sheep' of cities.
Seeing no further interest Mayor LOWES closed Oral Communications.
CONSENT CALENDAR
Mayor LOWES pulled Item #8 Approve Expenditure of Senate Bill SB) 11 Funds to the
October 7 meeting.
Mayor LOWES requested a motion for Consent Calendar Items No. Z through 7 and No.9.
M/S/C: PACHECO/MUSE There were no objections.
PUBLIC HEARING
A. Consideration of the establishment of an increase in certain fees and charges for
issuance, processing and filing of various City services and permits. Adjustments to
fees in accordance with the State Schedule of Fees. Continued from September 9, 1998)
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 8
OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1998
Community Development Director CERVANTES presented the Staff Report to the City Council.
Mayor LOWES opened the Public Hearing.
Conrado Magdaleno, Baldwin Park said, I wish you could impose a penalty for all those who
operate a business in Baldwin Park without a business permit.
Mayor LOWES closed the Public Hearing.
Mayor LOWES asked for a motion to approve Resolution No.98-75. Modifying and establishing
an increase in certain fees and charges for issuance, processing and filing of various City services and
permits. Adjustments to fees in accordance with the State Schedule of Fees.
Councilmember VAN CLEAVE stated, I agree it is a good idea, I am all for it but are we making
an effort to let businesses know we can put signs up? Public Works Director MOUSAVI
answered, we are developing a p&icy. Councilmember VAN CLEAVE said, I think we should
have a policy in place before we offer signs to any of the businesses.
M/S/C: LOZANO/PACHECO There were no objections.
REPORTS OF OFFICERS. COMMISSIONS AND COMMITTEES
IV. A. 1. Introduction of Ordinance Authorizing an Amendment to Contract Public
Employees Retirement System PERS) ORDINANCE NO.1134
PersonneI/Risk Manager COLE presented the Staff Report to the City Council.
Mayor LOWES asked for a motion for Ordinance No.1134, an Ordinance of the City Council of
the City of Baldwin Park authorizing an amendment to the contract between the City Council of the
City of Baldwin Park and the Board of Administration of California Public Employee Retirement
System. This motion includes waiver of the fill reading.
M/S/C: VAN CLEAVE/PACHECO There were no objections.
IV. B. 1. City Council discussion on filling the vacancy of the Elected City Clerk.
City Attorney OLIVAS stated, the law pursuant to Government Code 365 12B) reads, A vacancy
in an elected office must be filled within 30 days of the vacancy. Your choices are to either appoint
or to call for a special election.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 9
OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1998
Councilmember MUSE said, I like to move to adopt to appoint Kathryn Tizcareno as City Clerk.
M/S/C: MUSE/PACHECO
Councilmember VAN CLEAVE asked, don't we have an option to go ahead and put it on the
March election? City Attorney OLIVAS agreed, yes we could do that. Mayor LOWES added,
that would be at no extra cost to the City or very, very minimal. I am opposed to appointing
someone to this position since the position will not expire until the Year 2001. Councilmember
MUSE asked, could there be an option to appoint until the March 1999 election? City Attorney
OLIVAS stated, you would have to adopt an Ordinance to do that. Councilmember LOZANO
said, there were two people running the last time, Ms. Gair and Ms. Tizcareno. Councilmember
PACHECO said, we do need a City Clerk.
Mayor LOWE S added, I always believe that since there is no cost to the City, that we should have
an election to give the people a chance to decide who they want.
Roll Call: LOWES-No, VAN CLEAVE-No, MUSE-Yes, LOZANO-Yes, PACHECO-Yes
Mayor LOWES performed the swearing in ceremony of Kathryn V. Tizcareno as City Clerk.
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Councilmember MUSE stated, I like to ask that we do look at drafting an Ordinance for the future
to appoint an office just until the next election. Mso, on Proposition 9 the Electric Utility
dismantling measure. I propose we look into drafting a resolution in opposition to this position,
because it basically would eliminate the deregulation process. I have a drafted resolution with me.
Mayor LOWES stated, that would have to be put on a future Agenda.
Councilmember VAN CLEAVE stated, 1)1 would like to invite all to come to Baldwin Park
Beautiful this Saturday. 2)Street lighting problem still exists.
Councilmember PACHECO said, maybe we could have a number where the residents can call when
they see a light out, so we could fix it right away.
Public Works Director MOUSAVI said, the City has about 400 lights, and Edison has about 2300
lights. We regularly inspect the City lights. The Chief and I discussed that our Officers can have
forms for the residents to rep on a light out and then we could report those to Edison. Mso, we are
putting in Edison's telephone number along with the City's in the NOW Newspaper so the residents
can call directly.
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8REGULAR MEETING OF THE CITY COUNCIL PAGE 10
OF THE CITY OF BALDWIN PARK SEPTEMBER 16, 1998
Councilmember LOZANO stated, when you Exit off Baldwin Park Boulevard you come out facing
Kaiser. There are a lot of cars behind me who were upset that I was waiting at a Red Light. Can we
put a sign there at the Red Light?
Councilmember PACHECO said, I want to congratulate and welcome on board the City Clerk,
Kathy Tizcareno.
City Attorney OLIVAS stated, Ms. Tizcareno will have to resign her position as Personnel
Commissioner now.
Mayor LOWES stated, Z)The manager of HUD apartments on 13606 Foster called. They have put
a half million dollars into upgrading that prop erty. It looks beautiful. He thought it would be nice
to receive recognition from the Now and the City Council for a job well done. So I would like to ask
the gentleman to bring in the photos. 2)A gentleman on Hornbrook would like a patrol officer
watching Los Angeles and Palm Avenue where there are many speeders both mornings and evenings.
3)1 would like Council and Staff to work together to have a workshop where we can plot a course
to safely get through some of the projects facing the City. Also I would like the E-Team to discuss
that and get back to Council on how you feel we could do that.
Chief of Police LE GARRA said, I would like to invite the Council to the next Chiefs forum on
October 28 at St. John's Church at 6:30 p.m.
Mayor LOWES adjourned the Regular Meeting of the City Council. There were no objections.
00-
KATHRYN TIZCARENO, CITY CLERK
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