HomeMy WebLinkAbout1999 04 07 CC MIN1999 04 07 CC MINòw @˜ ¸
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8COUNCIL CHAMBER APRIL 7,1999
14403 E. Pacific Avenue Wednesday
Baldwin Park, CA 91706 7:00 P.M.
The an COUNCIL of the City of Baldwin Park met in REGULAR SESSION at the above time and
place
ROLL CALL Present: Councilmembers Ricardo Pacheco, Linda Gair, Mayor Pro-
Tern William Bill" Van Cleave, and Mayor Lozano.
Also Present: David Olivas, City Attorney; Richard A. LeGarra, Chief
of Police; James B. Hathaway, Director of Finance; Ralph Nunez,
Director of Recreation and Community Development; Ana
Montenegro, City Treasurer; Kathryn V. Tizcareno, City Clerk; and
Armando Hegdahi, City Service Employee
MOMENT OF SILENCE Mayor Lozano mentioned that the mother of POW Staff
IN HONOR OF Sergeant Andrew Ramirez is a resident of Baldwin Park
CAPTURED AMERICANS and invited the public to join him after the invocation for a few
seconds of silence in honor of Andrew Ramirez, Christopher Stone,
and Steven Gonzales, captured American soldiers in Kosovo.
Mayor Lozano mentioned that a giant yellow ribbon and the
names of the three soldiers that were captured will be placed in the
marquee and will be kept there until they return home. He also wanted
the residents to put ribbons on their trees to remember these POWs.
He also wanted to hold a vigil at Morgan Park and present the mother
of POW Andrew Ramirez with a Proclamation from the City of
Baldwin Park.
PRESENTATIONS
EARTHQUAKE Mayor Lozano declared April 1999 as Earthquake Preparedness
PREPAREDNESS Month"' and presented the proclamation to lrv Dawson, who then
MONTH thanked the City Council, Department Heads, Captains Kies and
Higginbotham for their support.
AWARD OF Mayor Lozano presented an Award of Appreciation to Abil
APPRECIATION Manaktala and Burger King for their support of youth programs
ABIL MANAKTALA and community contributions.
BURGER KING OWNER
Jesse Carlos, Representative of Congressman Martinez's
Office, presented a Certificate of Special Congressional
Recognition to Abil Manaktala, for his contributions to the City of
Baldwin Park
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8City Council Minutes April 7, 1999 Page 2
PUBLIC COMMUNICATIONS
EDUCATIONAL Larry Ortega, Executive Director of Community Union,
ENHANCEMENT said that the Educational Enhancement Program trains
PROGRAM hundreds of youths in computers and is a model program.
However, the budget has been reduced and this program needs
consideration to the original proposed budget in &order to stay on the
cutting edge.
SUPPORT OF APPOINTING Justina Ramirez, 4924 Wimmer Avenue, read from her March 10th
BETTY LOWES TO VACANT letter to Mayor Lozano, saying that Bette Lowes should be appointed
CITY COUNCIL SEAT and that Mayor Lozano is responsible for putting the city in the
predicament that it is in now. She said the Council should appoint
either Bette Lowes or Mary Ferrer, or have a special election.
CDBG GRANT MONEY Kay Rich, Director of the East San Gabriel Valley Coalition for the
Homeless, wanted to speak about CDBG Grant Money.
SUPPORT OF TERI MUSE Priscilla Popick, Baldwin Park, says Teri Muse has run the City by
KAISER NON PROFIT herself She said the Council has manipulated the City out of
STATUS $2,000,000 in tax money by making Kaiser go Non-Profit.
ILLEGAL ACTIVITIES Josefa Cruz, 12848 Puente Avenue, Baldwin Park, expressed
CONCERN concern regarding prostitution and drugs in her neighborhood and
asked for police enforcement.
NARCOTICS SALES Mary Heintz, 4917 Azusa Canyon Road, Baldwin Park, requested
SCHOOL PREMISES Police enforcement on alleged drug activities at a local school.
KAISER NON PROFIT Marlen Garcia, 14404 Merced, Baldwin Park, clarified that
SUPPORT OF TERI all Kaiser Hospitals are Non-Profit. Ms. Garcia asked if
MUSE Councilwoman Gair will proceed with her claim against the city. Ms.
Garcia also asked that Mayor Pro Tem Van Cleave and Councilwoman
Gair demonstrate that they are willing to work as a team with the other
Councilmembers and appoint Teri Muse to the empty Council seat.
PROPOSITION 187 Emily Loeb, Baldwin Park, recommended the Council to encourage
SUPPORT OF TERI MUSE the Governor not to continue with Proposition 187. She also supports
Teri Muse.
QUESTION ABOUT George Archibeque, Baldwin Park, inquired as to City Council policies
CARRYING OVER regarding voting and carry over items. Mr. Archibeque also inquired
about the minutes being approved from January.
SUPPORT OF TERI MUSE Rosalva Gamboa, Baldwin Park, supports Teri Muse. Mrs Gamboa
HOUSING PROJECT expressed her opposition to the proposed Housing Project.
OPPOSITION
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8City Council Minutes April 7, 1999 Page 3
COMPLAINTS The following persons spoke with regards to the condition of the
REGARDING GARVEY Baldy View Trailer Park. Concern was expressed that the owner of
TRAILERS the apartments increased the rent by $50.00 and has given the residents
three-day notices to pay or they would have to vacate the premises
within 60 days.
The residents who spoke regarding this matter are as follows:
Edith Gutierrez, Beatrice Torres, Jesus Lopez, Sean Cunis, and Cesar
Villasenor,
CONSENT CALENDAR
City Clerk Tizcareno presented the Consent Calendar as follows:
Councilwoman Gair pulled the following item from the Consent
Calendar for discussion and corrections:
1) Approval Of Minutes
Mayor Pro-Tem Van Cleave pulled the following item from the
Consent Calendar for discussion:
1) Senior Citizens Center And City Yard Storage Shed(S) Re-
Roofing Project
Councilman Pacheco pulled the following item from the Consent
Calendar for discussion:
1) Street Improvement Project, CIP 807/808
CERTIFICATE OF POSTING The Certificate of Posting for April 7, 1999, was approved.
CLAIMS & DEMANDS Resolution No.99-24 entitled, A RESOLUTION OF THE
RESOLUTION NO.99-24 CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING
CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN
PARK", was approved. Mayor Pro Tem Van Cleave
abstained on the warrants to Mr. Bill's Hardware Financial
Conflict of Interest).
CLAIM REJECTION The claims of Melvin Ray Robinson #98 008A and Maria Solar
MELVIN R. ROBINSON; #98 011A were rejected.
MARIA SOLAR
RISK-YOUTH The Los Angeles Youth Employment Plan in which the city is
EMPLOYMENT PLAN required to provide 10% of the grant funds for additional job
opportunities for at-risk youth, was approved.
ADDITIONAL FUNDS Council appropriated an additional $500.00 for the repair of
REQUEST, CIP 820 sidewalk, curb & gutter and driveway at various city streets within the
City of Baldwin Park, CIP 820
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8City Council Minutes April 7, 1999 Page 4
COUNTY SYSTEM Resolution No.99-28 entitled, A RESOLUTION OF THE
OF HIGHWAYS CITY COUNCIL OF THE CITY OF BALDWIN PARK,
RESOLUTION NO.99-28 CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF
THE PORTION OF DALEWOOD STREET OVER WALNUT
CREEK WITHIN SAID CITY AS PART OF THE SYSTEM OF
HIGHWAYS OF THE COUNTY OF LOS ANGELES", was adopted.
TOWING SERVICE City Council approved the proposed renewal of contractual services
AGREEMENT agreement to be utilized between the City and the existing tow
companies Albert's Towing, Basura's Towing, Budget Towing,
Freddie Mac's Towing, and Royal Coaches Towing).
CONSENT CALENDAR A motion was made to approve the Consent Calendar as presented.
APPROVAL MOTION: Councilman Pacheco&o
SECOND: Councilwoman Gair
Motion Carried
APPROVAL OF MINUTES Since her tenure as Councilmember began in March, Councilwoman
Gair abstained on the approval of minutes. A motion was made to
approve the minutes of January 6, 1999 Regular and Study session),
January 20, 1999 Regular and Study Session), February 3, 1999
Regular and Study Session), February 17, 1999 Regular and Study
Session), and March 3, 1999 Regular), as presented.
MOTION: Mayor Pro-Tem Van Cleave
SECOND: Councilman Pacheco
ABSTAIN: Councilwoman Gair
The minutes of March 17, 1999 Study Session) were approved as
presented. The minutes of March 17, 1999 Regular Meeting) were
approved as corrected. Councilwoman Gair corrected the minutes as
follows:
A motion was made to appoint Ted Muse to fill the Council vacancy and approve
Resolution 99-22
MOTION: Mayor Lozano
SECOND: Councilman Pacheco
NOES: Councilmembers Gair and Van Cleave
Motion Failed
Councilwoman Gair made a motion to bring back to the next meeting. the resolution
calling a special election along with the second resolution requesting a
consolidation with the County of Los Angeles.
MOTION: Councilwoman Gair
SECOND: Mayor Pro Tern Van Cleave
NOES: Mayor Lozano and Councilman Pacheco
Motion Failed
A substitute motion was made to approve to continue both items with the option of an
appointment and the option of calling the special election including the two
resolutions to the April 7' 1999 meeting
MOTION: Councilman Lozano
SECOND: Councilwoman Gair
Motion Carried
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8City Council Minutes- April 7,1999 Page 5
A motion was made to approve the minutes as presented and corrected.
MOTION: Mayor Pro Tern Van Cleave
SECOND: Councilman Pacheco
Motion Carried
AWARD OF CONTRACT Mayor Pro-Tem Van Cleave requested that local businesses be notified
SENIOR CITIZENS & SHED of City projects in the future. A motion was made to approve the
RE-ROOFING PROJECT contract for the re-roofing of the Senior Center and City Yard Storage
Shed(s) to Nelson Roofing Inc., in the amount of $43,073 00.
MOTION: Mayor Pro-Tem Van Cleave
SECOND: Councilman Pacheco
Motion Carried
PLANS & SPECS Councilman Pacheco requested Staff to provide more information
AUTHORIZATION TO relating to the site plan. Councilman Pacheco would also like to review
SOLICIT AND ADVERTIZE the engineering costs for all the street programs, including this one. He
FOR BIDS, CIP 807, 808 & 819 also has concerns over the quality of some of the past constructions.
He also wants to have Staff see what other sidewalks could be repaired
so that the whole street is taken care of at once.
A Motion was made to approve the plans and specifications.
MOTION: Councilman Pacheco
SECOND: Mayor Pro-Tem Van Cleave
Motion Carried
REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES
SIDEWALK SALES FOR Director of Community Development Steve Cervantes
CENTRAL BUSINESS explained that Joe Fallas, owner of Fallas Paredes, has asked
DISTRICT/CIVIC CENTER for the ability to have sidewalk sales on an ongoing basis as
a marketing tool. Staff is suggesting that Council approve a four-month
testing period which will indicate the pros and cons of having sidewalk
sales and to determine if this is the kind of business marketing display
that the community, businesses, and the Council wants to see on a
current basis. There would be no negative impact to the General Fund,
and there would be marginal growth.
After lengthy discussion, the City Council requested additional
information particularly information from other cities on their policies
etc. A motion was made to continue this discussion to the next
meeting.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
ABSTAIN: Mayor Pro Tem Van Cleave
ORDINANCE NO.1139 Ordinance No.1139 entitled, AN ORDINANCE OF THE CITY
NOT APPROVED COUNCIL OF THE CITY OF BALDWIN PARK AMENDING
TITLE 7, CHAPTER 73, OF THE BALDWIN PARK MUNICIPAL
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8City Council Minutes April 7, 1999 Page 6
CODE RELATING TO SPEED LIMITS ON CERTAIN STREETS"
was not approved. Staff was directed to forward said Ordinance to the
Traffic Committee for input and recommendation..
MAYOR APPOINTMENTS Resolution No.99-27 entitled, A RESOLUTION OF THE
OF DELEGATES AND CITY COUNCIL OF THE CITY OF BALDWIN PARK
ALTERNATES TO APPOINTING DELEGATES AND ALTERNATES AS
ORGANIZATIONS OFFICIAL REPRESENTATIVES OF THE CITY", was
& COMMITTEES approved
MOTION: Councilwoman Gair
SECOND: Mayor Pro-Tern Van Cleave
Motion Carried
SUPPORT OF SENATE BILL Staff recommends the City Council support Senate Bill 98 and
98 AND ASSEMBLY BILL 38 Assembly Bill 38, and directed staff to send a letter of endorsement to
the offices of Senator Alarcon and Assemblyman Carl Washington.
MOTION: Councilwoman Gair
SECOND: Mayor Pro-Tern Van Cleave
Motion Carried
SUPPORT OF SENATE Staff recommends the City Council support Senate Bill 56
BILL 56 and directed staff to send a letter of endorsement to the office of
Senator Hilda Solis.
MOTION: Mayor Pro-Tern Van Cleave
SECOND: Councilman Pacheco
Motion Carried
SUPPORT OF SENATE Staff recommends that the City Council and the City Attorney review
BILL 216 prior to approving a letter of endorsement to the office of Senator Hilda
Solis.
Robert Barajas, Field Representative for Hilda Solis, said that Bill 216
would create an Independent San Gabriel River Conservancy Board,
which would decide upon projects and use of resources. This board
would consist of 11 voting members. He mentioned that he would have
a report ready by the next Council meeting to address concerns such as:
where the funds would come from and how much funding would be
needed. Upon question from Mayor Pro-Tern Van Cleave, Robert
Barajas specified that the Board Membership would not be a paid
position. Mayor Pro-Tern Van Cleave recommended holding until there
is more information available.
A motion was made to approve and endorse Senate Bill 216.
MOTION: Councilman Pacheco
SECOND: Councilwoman Gair
Motion Carried
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8City Council Minutes April 7, 1999 Page 7
APPROVE METHOD TO A motion was made to appoint Ted Muse and adopt Resolution 99-22,
FILL CITY COUNCIL A RESOLUTION OF THE CITY COUNCIL OF THE CITY
VACANCY OF BALDWIN PARK FILLING A VACANCY ON THE CITY
COUNCIL BY APPOINTMENT"
MOTION: Councilman Pacheco
SECOND: Mayor Lozano
NOES: Councilwoman Gair and Mayor Pro Tern Van Cleave
Motion Failed
Councilwoman Gair requested a discussion and pointed out that the
majority of the people who have contacted her have requested an
election.
After lengthy discussion and differences of opinion regarding the
appointment of Ted Muse versus the conduct of a special election, a
motion was made to adopt Resolution No. 99-23 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION ON TUESDAY, NOVEMBER 2, 1999, FOR THE
ELECTION OF A MEMBER OF THE CITY COUNCIL TO FILL A
VACANCY AS REQUIRED BY THE PROVISIONS OF THE LAWS
OF THE STATE OF CALIFORNIA RELATING TO GENERAL
LAW", and Resolution No.99-26 entitled, CA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO CONSOLIDATE A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER
2, 1999, WITH THE CONSOLIDATED SCHOOL ELECTION TO BE
HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE
ELECTIONS CODE".
SECOND: Councilwoman Gair
SECOND: Mayor Pro Tern Van Cleave
NOES: None
ABSTAIN: Councilman Pacheco and Mayor Lozano
Motion Ca:rried
City Attorney Olivas mentioned that you cannot abstain to
defeat a majority, therefore, the Resolutions prevail by a 2-0
vote.
PUBLIC HEARINGS
CITY NEEDS UNDER Steve Cervantes, Director of Community Development, presented
ANNUAL ACTION the report as follows:
PLAN/CONSOLIDATED The community needs are determined by community input. It is
PLAN FOR FY 1999-2000 necessary to amend the consolidated Plan Amendment No. I for one
more year and develop the FY 1999-2000 Annual Action Plan if the
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8City Council Minutes April 7, 1999 Page
City is to continue to receive federal hinds from the U.S. Department of
Housing and Urban Development. The final draft of the Annual Action
Plan 7/1/99-6/30/99) and the amendment to the Consolidated Plan for
FY 1999-2000 will be submitted for Council approval on May 5, 1999.
The Final Plans will be submitted to HUD) on May 14, 1999.
Mayor Lozano OPENED the Public Hearing for discussion.
EAST SAN GABRIEL Kay Rich, Director of the East San Gabriel Valley Coalition
VALLEY COALITION for the Homeless, Baldwin Park, said that they have been
FOR THE HOMELESS receiving CDBG funding for approximately ten years. They
FUNDING have requested $15,000.
RECREATION Marlen Garcia, Baldwin Park, Chairperson of the
COMMUNITY Recreation/Community Services Commission and Joint
COMMISSION FUNDS Housing/Recreation Community Services Commission,
recommended CDBG ft' funding for this year. The E-Team
only suggested giving $10,000. However, she wants the
Family Services Center to receive $28,000.
FUNDING FOR THE Elvia Jauregui, Covina, Services Center for Independent
SERVICES CENTER Living, thanked the Council for their support.
FOR INDEPENDENT
LIVING Laura Patello, Baldwin Park, said that the Services Center for
Independent Living has helped many people with disabilities learn
many skills, and she is grateful for this program.
Gilbert Salinas, Baldwin Park, says he trains people with disabilities
life skills and independent living skills and hopes that Council will
continue funding for this program.
FUNDING FOR THE Police Captain Kies, Baldwin Park, requested $100,000 to
SIERRA CENTER hind the Sierra Center Sub-Station officer located by Target.
SUB-STATION The officer is funded by federal grants, which expire in December
1999. After this expires, the officer's salary will come from the general
hind. $75,000 will be used to hind the officer, which alleviates the
strain on the general hind. The remaining hinds provide parenting
programs and counseling programs in Charter Oak Hospital in Covina,
or VHC Alhambra Hospital in Rosemead, which provide counseling to
families of Baldwin Park who are referred to these facilities by the
officer.
HEALTHY FAMILIES Quitirilla Avila, Baldwin Park, said that the Healthy Families
PROJECT FUNDING Families Project is being funded to provide relationship violence
prevention and education. She requested additional funding to continue
this program.
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8City Council Minutes April 7, 1999 Page 9
FAMILY SERVICES Laurie Cox, Family Services, Baldwin Park, Juvenile Diversion
FUNDING Program has helped 700 families because it provides many classes for
parents and children.
John Miyabi, Director of Program Development, Baldwin Park, says
that Jim Varnum and the program has done a great job.
There being no one else wishing to speak, Mayor Lozano declared the
Public Hearing CLOSED.
COUNCIL STAFF REQUESTS AND COMMUNICATIONS
CONCERN REGARDING Mayor Lozano asked for Council Consensus to request to
TRAILER PARKS form a committee consisting of individuals of Baldy View and various
Government entities to deal with the problems arising out of the Baldy
View Trailer Park on Garvey Avenue, in Baldwin Park.
Councilman Pacheco requested to set a date to meet with
representatives of Congress, State Assembly, State Senate, County, the
Park owner, and residents of the Trailer Park to talk and resolve the
problem issues.
Mayor Pro-Tem Van Cleave mentioned that all trailer parks have
problems that need to be addressed as soon as possible. Since most of
the residents of the trailer parks are low income or seniors, the fact that
their Condition of Use permits run out in December poses a problem.
Director of Community Development Steve Cervantes mentioned that
there are five trailer parks that will be closed down in December
including Vagabond Haven and Baldy View. He said that staff is
gathering information regarding this issue to bring forth to the Council.
Upon question from Councilwoman Gair, Director of Community
Development Steve Cervantes said that ultimate Condition of Use
permit comes from the Planning Commission and the City Council,
who have the ability to extend the permit.
Councilwoman Gair mentioned that since it is a Committee, no more
than two can be on it, Also, since Mayor Lozano and Councilman
Pacheco begun it, they could continue with it. There was no objection.
CONCERN REGARDING Mayor Lozano said that Proposition 187 is a very divisive
PROPOSITION 187 type of initiative. It denies equal opportunities of health and education.
He also requested Consensus from the Council to write a letter asking
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8City Council Minutes April 7, 1999 Page 10
Governor Davis to cease Proposition 187 litigation. There were no
objections.
CLOSED SESSION
Mayor Lozano announced that the closed session would be trailed until
after the adjournment of all agency meetings. A closed session will be
held to discuss the following:
PUBLIC EMPLOYMENT
Pursuant to Government Code Section 54957)
TITLE: Chief Executive Officer
ACTION: No Action Taken
ADJOURN There being no other mailers for discussion, the meeting was adjourned
at 9:15 p.m.
Approved as corrected by the Council at their meeting held April 21,
1999.
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