HomeMy WebLinkAbout1999 06 16 CC MIN1999 06 16 CC MINòw @˜ ö CC MIN JUNE 16, 1999›[H!Î8COUNCIL CHAMBER JUNE 16,1999
14403 E. PACIFIC AVENUE WEDNESDAY
BALDWIN PARK, CA 91706 7:00 P.M.
The CITY 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-Tem William Bur' Van Cleave, and Mayor
Manuel Lozano.
Also Present: David Olivas, City Attorney; Richard A.
LeGarra, Chief of Police; James B. Hathaway, Director of
Finance; Steve Cervantes, Director of Community
Development; Ralph Nunez, Director of Recreation and
Community Services; Katlrryn V. Tizcareno, City Clerk;
and Rosemary Ramirez, Deputy City Clerk, Absent: Ana
Montenegro, City Treasurer
PROCLAMATIONSI COMMENDATIONSI PRESENTATIONS
AWARDS OF MERIT Public Works Supervisor Lemm-Harris presented Awards
USBD OIL RECYCLING of Merit to the winners of the Used Oil Recycling
ART CONTEST Artwork Contest for use in 2000 calendars. Mr. Kevin
Sales from KJ Environmental Services was the consultant
for this event. This program teaches children the
importance of recycling. The sponsors were: Radisson
Hotel, In-N-Out Burger, and Waste Management. The
honorable mention award recipients were: Reba
Covarrubias, Yvene Diaz, Monique Alvarez, Marisela
Hernandez, Maria Garcia, Brenda Martinez, George
Lizama, Dorothy Pinunuri, Linda Tran, Sharon Tang,
Kimberly Lam, Alice La, and Ying Chen. Second prize
award recipient was Rosa Martinez; First prize award
recipient was Andrea Sipin and the grand prize winner
was Jeannette Jurado. Mayor Lozano commended the
students and the teachers for all their hard work and
thanked the sponsors for their contributions and
community involvement.
PROCLAMATION Mayor Lozano read the proclamation and presented it to
ARISTOTLE RIVERA DAY" Aristotle Rivera, which proclaims June 16, Z999 as
Aristotle Rivera Day" in the City of Baldwin Park.
Mayor and Councilmembers congratulated Mr. Rivera on
his many achievements and accomplishments.
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1999 06 16 CC MINòw @˜ ö CC MIN JUNE 16, 1999›[H!Î8City Council Meeting June 16, 1999 Page 2
PUBLIC COMMUNICTIONS
EDUCATIONAL Larry Ortega, Executive Director of the Community
ENHANCEMENT PROGRAM Union, commended the students from the Educational
Enhancement Project for their comic book project. He
asked businesses to support the program by purchasing
the comic books. Proceeds from this project will go
towards minimizing CDBG obligations. A press
conference is planned for the official unveiling of the
books. The Community Union has an opportunity to
bring into the city about $100,000. This is coupled with a
request for an additional $5,000 for flinding to continue
these types of programs. Upon receipt of the $100,000,
the allocation of the CDBG Rinds would be minimized,
therefore allowing more of the money to be used for other
CDBG supported projects.
CITIZEN COMPLAINTS Lucy Scoff, Baldwin Park, expressed concern about the
actions of certain individuals associated with the City and
informed the City Council of her intent to pursue the
matter of her being asked to leave the community center
by city staff
Gilbert Covarrubias, Baldwin Park, echoed the statements
made by Lucy Scoff and expressed anger over certain city
officials' actions.
IN SUPPORT OF AB 1156 Lydia Mill an, Baldwin Park, said that Assemblyman
ADRIAN MILLAN SAFETY ACT Martin Gallegos is sponsoring AB 1156, the Adrian
Millan Safety Act. She requested Council support in this
maffer and as the bill is entered into legislation on July 6,
1999, in Sacramento.
OPPONENT TO THE ISSUANCE Arsenia Pinon, Baldwin Park, said that we do not want
OF A PERMIT CASE NO. CP-557 live entertainment and dancing. A petition consisting of
four pages of signature of people who do not approve of
this project was given to the Clerk.
City Afforney Olivas informed Ms. Pinon that if the
applicant withdraws his appeal, this maffer will not be
heard on the July 7, 1999, meeting. The people on the
petition can be notified by postcard.
NEW CHAMBER OF Carol Oliver, San Dimas, Executive Director of the
COMMERCE EXECZVE Baldwin Park Chamber of Commerce, thanked the City
for the relocation of the Chamber to the new building.
She invited everyone to attend the Installation Luncheon
onjune24, 1999 at 11:45a.m.
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1999 06 16 CC MINòw @˜ ö CC MIN JUNE 16, 1999›[H!Î8City Council Meeting June 16, 1999 Page 3
LATCHKEY PROGRAM Marlen Garcia, Baldwin Park, said that with the closing of
COMMENDED the school year, the Department of Recreation and
Community Services will be closing the Latchkey
Program. She commended the recreation staff for an
excellent job and asked the Council to also recognize the
Recreation Department for a job well done
FINANCE DIRECTOR COMMENDED Lou Hickam, Baldwin Park, congratulated Director
Hathaway and the staff for the great job on the budget.
AB939 INCREASE IN FEES Mr. Hickam suggested a program such as the adopt a
block" program in lieu the proposed intent to raise the
AB939 fees.
CONSENT CALENDAR
City Clerk Tizcareno presented the Consent Calendar as
follows:
APPROVAL OF MINUTES Councilwoman Gair pulled the following item from the
Consent Calendar;
1) Approval of Minutes Zay 13 Adjourned); May
19- Regular and Study Session); and May 24-
Special), 1999
CERTIFICATE OF POSTING The Certificate of Posting for June 16, 1999, was
approved.
CLAIMS AND DEMANDS Further reading was waived and Resolution No.99-46
RESOLUTION NO.9946 entitled, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK ALLOWING
CLAIMS AND DEMANDS AGAINST THE CITY OF
BALDWIN PARK", was adopted.
TREASURER'S REPORT The report for May, 1999, was received and filed.
AWARD OF CONTRACT Council awarded a three-year contract to Pinkerton
GUARD SERVICES METROLINK Security and Investigation Services in the amount of
STATION $42,448.80 per year, for guard services for the Metrolink
Station and authorized the Mayor to execute the
agreement.
GST TELECOM AGREEMENT- Council approved the agreement with GST Telecom
INSTALLATION 0 FCONDUITS California, Inc. for the installation of fiber optic conduits
within the rights-of-ways in the City of Baldwin Park and
authorized the Mayor to execute the agreement.
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1999 06 16 CC MINòw @˜ ö CC MIN JUNE 16, 1999›[H!Î8City Council Meeting June 16, 1999 Page 4
AWARD OF CONTRACT All-American Asphalt was awarded the contract in the
ISTEA STREETS, CIP 801 amount of $320,663.76 for the construction of 1998-1999
ISTEA Streets. The Mayor was authorized to execute the
agreement, and the Engineering Manager was authorized
to execute any necessary change orders in an amount not
to exceed ten percent 10%) of the original contract
amount.
CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as
presented.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion Carried
APPROVAL OF MINUJTES A motion was made to correct the minutes as submitted
and bring back to the council for approval at the July 7,
1999 meeting for approval.
MOTION: Councilwoman Gair
SECOND: Mayor Pro-Tom Van Cleave
Motion Carried
PUBLIC HEARINGS
ORDER OF AGENDA ITEM A motion was made to move Public Hearing Item #2B-
Disposition and Development Agreement and #2C-
Specific Plan and Development Plan Thomas Safran and
Associates) to the beginning of the Public Hearing
Matters.
MOTION: Councilwoman Gair
SECOND: Mayor Pro-Tom Van Cleave
Motion Carried
JOINT PUBLIC HEARING This matter was continued from June 2, 1999. At that
DISPOSITION & DEVELOPMENT time, said hearing was opened and closed for public
AGREEMENT SAFRAN PROJECT) participation.
A motion was made to continue this matter for
consideration and action to the July 7, 1999, City
Council/Community Redevelopment Agency meeting.
MOTION: Councilman Pacheco
SECOND: Mayor Pro-Tom Van Cleave
Motion Carried
SPECIFIC PLAN & This matter was continued from June 2, 1999. Mayor
DEVELOPMENT PLAN Lozano opened the Public Hearing for public
SAFFZ & ASSOCIATES participation.
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A motion was made to continue this matter to July 7,
1999.
MOTION: Mayor Pro-Tem Van Cleave
Second: Councilwoman Gair
Motion Carried
Director Cervantes was instructed to set up a date for the
Council, the Redevelopment Attorney, and Director
Cervantes to discuss the Disposition and Development
Agreement.
PROPOSED ANNUAL BLDGET Director Hathaway told of the Expenditures, General
FISCAL YEAR 1999-2000 Fund Revenues, and transfers which resulted in a surplus
RESOLUTION NO.99-47 of $44,127. It was recommended that Council conduct a
public hearing to solicit public input on the budget and
then adopt a resolution reaffirming the budget for FY July
1, 1999 and ending on June 30, 2000.
Mayor Lozano declared the public hearing Open for
public participation. There were no speakers.
Mayor Lozano declared the public hearing Closed for
public participation.
Councilwoman Gair commended Director Hathaway and
staff for their honesty and diligence in preparing the
budget.
Councilman Pacheco also commended staff for their hard
work.
Mayor Lozano said that last year we faced a $750,000
deficit. This year's budget is balanced with a surplus of
$44,127. He commended staff for ajob well done.
A motion was made to waive flirther reading and adopt
Resolution No.99-47 entitled, A RESOLUTION OF
THE CITY COLNCW OF THE CITY OF BALDWIN
PARK ADOPTING THE BLDGET FOR THE FISCAL
YEAR COMMENCING JULY 1, 1999 AND ENDING
JUNE 30, 2000".
MOTION: Councilman Pacheco
SECOND: Councilwoman Gair
Motion Carried
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1999 06 16 CC MINòw @˜ ö CC MIN JUNE 16, 1999›[H!Î8City Council Meeting June 16, 1999 Page 6
DEVELOPMENT AGREEMENT Director Cervantes reported that this item is not a joint
BILLBOARD DEVELOPMENT public hearing. Mr. Cervantes is recommending that the
KEN SPIKER & ASSOCIATES Agency Board of Directors and the City Council approve
INTRODUCE ORDINANCE NO.1142 the development agreement for this project.
Mayor Lozano declared the public hearing OPEN for
public participation.
David Smith, Ken Spiker and Associates, said that the
first project is ready to go as soon as the thirty days pass
for the ordinance. The construajon for the nine
billboards will be completed within the next 120 days.
The landscape will be done immediately after the
completion of the construction of the signs on the Edison
property and Barnes Park. They will clean and landscape
the entire area along Barnes Park every 90 days for the
next 20 years.
There being no other persons wishing to speak, Mayor
Lozano declared the public hearing CLOSED.
Councilwoman Gair requested that Seaion 2 of
Ordinance 1142 be corrected to read CCSECTION 2. The
City Clerk shall certify to the passage and adoption of this
ordinance, causing it to be published as required by law,
and it shall thereafter be in flill force and effect thirty 30)
days after the date of its adoption."
Afirer lengthy discussion, a motion to introduce
Ordinance 1142 entitled AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK
AUTHORIZING THE CITY OF BALDWIN PARK TO
ENTER INTO A DEVELOPMENT AGREEMENT
WITH KEN SPIKER AND ASSOCIATES FOR THE
APPROVAL OF NINE 9) NEW BILLBOARDS AT
SPECIFIC LOCATIONS WITHIN THE CITY OF
BALDWIN PARK" for first reading, reading by title
only, and waive flirther reading thereof was approved.
MOTION: Councilman Pacheco
SECOND: Mayor Pro-Tem Van Cleave
Motion Carried
ZONE CHANGE REQUEST Principal Planner Onaga presented the report. He said
FROM IC(PD) TO ICZD)(O) that the zone change request is just for the Cloverleaf
APPLICANT: KEN SPIKER & area. Our current zoning code only allows billboard signs
ASSOCIATES to be in areas that have an outdoor advertising district
INTRODUCE ORDINANCE NO.1141 Overlay Zone applied to them, and presently there are
only two locations in Baldwin Park that have this. The
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applicant also applied for a zone variance. This was in
order to exceed the maximum height and sign areas that
we have in our code. The Planning Commission
approved the variance request, subject to the approval of
the zone change, at their April 28, 1999, meeting. They
request that the revenues from the billboards be used for
park development and rehabilitation purposes.
Mayor Lozano declared Public Hearings OPEN for
public participation. There were no speakers.
Mayor Lozano declared the Public Hearing CLOSED.
Attorney Olivas stated for the record that a Negative
Declaration was declared for this project, which was
included in the project. The Planning Commission made
recommendations, but it is up to the City Council to
decide where to spend the money.
A motion was made to introduce Ordinance No. 1141
entitled, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK APPROVNG A
CHANGE OF ZONE FROM IC PD), TO IC PD) 0)
TO CREATE AN OUTDOOR ADVERTISING
DISTRICT OVERLAY ZONE ALONG THE SOUTH-
WEST CORNER OF THE 1-10 AND 1-605 FREEWAYS
APPLICANT: KEN SPIKER AND ASSOCIATES,
CASE NO. Z-509, LOCATION: 440 CLOVERLEAF
DRIVE" for first reading, reading by title only, and waive
flirther reading thereof was approved.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion Carried
CONSIDERATION OF APPEAL- This matter remains OPEN for public participation and is
CASE NO. CP557; APPELLANT continued from June 2, 1999.
ROGELIO ROJAS
Afforney Olivas mentioned that we did correspond with
the former applicant, and if we did not hear from them by
June 20 as to whether they remain the appellants in this
matter, this would be closed and the decision of the
Planning Commission would be affirmed.
A motion was made to continue this item to the next City
Council meeting.
MOTION: Mayor Pro-Tem Van Cleave
SECOND: Councilman Pacheco
Motion Carried
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1999 06 16 CC MINòw @˜ ö CC MIN JUNE 16, 1999›[H!Î8City Council Meeting June 16, 1999 Page 8
SPECIFIC PLAN SP99 After presenting a lengthy report, Principal Planner Onaga
56 UNIT SENIOR APARTMENT mentioned that the Staff and Planning Commission
DEVELOPMENT APPLICANT: recommend that the Council adopt the Mitigated
KAUFMAN AND BROAD MULTI Negative Declaration and approve Specific Plan SP 99-2
HOUSING GROUP INC. to allow the construction of said project.
RESOLUTION NO.9949
Mayor Lozano declared the public hearings OPEN for
public participation.
Laurie Kern, Baldwin Park business owner, says that she
does not oppose this project if this was to be built on a
smaller scale. Ms. Kern's concern is the parking and how
local businesses will be effected. Ms. Kern also
mentioned that there is an existing Easement by
Prescription on her property.
Attorney Olivas mentioned that there could not be
Easement by Prescription against a public entity.
Laurie Kern said that she disagrees and that the
businesses have Open and Notorious use on the property,
and that she does have an Easement by Prescription. Ms.
Kern will refer this matter to her attorney.
Seeing no flirther interest, Mayor Lozano declared the
public hewing CLOSED.
Mayor Lozano said that, judging from the empty parking
lot, most of the seniors from Telacu do not drive. He also
said that this is a good opportunity for the local businesses
to publicize their businesses to potential customers.
Councilwoman Gair expressed concern that the business
owners in or near the vicinity of the proposed project site
were not included in the planning process for this project.
She feels that we need more correlation between the city
and businesses in city.
Jack Seilack, Joint Venture Development Group, said that
we have contractors and we would be happy to make
improvements on the buildings and the city could
cooperate with a low interest loan. Mr. Sailack also stated
that Kaufinan Borad is and will work with business
owners in the fbture.
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Alexis Kevorgian, Kaufman and Broad, said that we do
not intend to do ground floor retail. We have an OPA
where the Council could make that a condition on the
OPA that there is a restriction on developing retail.
In response to Councilwoman Gair's question, Attorney
Olivas stated that the AB 1693 flinds can be used to
improve the downtown area. As long as we make the
correct findings, it is appropriate.
Mayor Lozano said that the property tax does not make
anything for the city. He also apologized to the
businesses for their lack of involvement in the decision
making process. There is a major parking problem
presently, but the new project will increase parking
spaces. Being able to cultivate this section is of great
importance.
After lengthy discussion, a motion was made to adopt
Resolution No. 99-49 entitled, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK APPROWNG A SPECIFIC PLAN TO ALLOW
THE CONSTRUCTION OF A 56-UNIT SEMOR
AFFORDABLE APARTMENT DEVELOPMENT
APPLICANT: KAUFMAN AND BROAD MULTI-
HOUSING GROUP, INC.; LOCATION: 14349 PACIFIC
AVENUE; CASE.: SP 99-2".
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion Carried
ADOPTING THE LOS ANGELES Attorney Olivas stated that this said ordinance is
COUNTY BUILDING CODE required to be adopted as an urgency ordinance with the
BY REFERENCE) finding that the Health, Safety, and Welfare of the city is
URGENCY ORDINANCE NO.1140 threatened in that local climactic and topographical
conditions cannot be addressed if we do not meet the July
1, 1999, deadline.
A motion was made to adopt URGENCY Ordinance No.
1140 entitled, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK
AMENDING SECTION 150.003 A-L) OF THE
BALDWIN PARK MUNICIPAL CODE RELATING TO
THE UNIFORM BUILDING CODES", reading by title
only and waiving flirther reading thereof
MOTION: Councilwoman Gair
SECOND: Mayor Pro-Tem Van Cleave
Motion Carried
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8City Council Meeting June 16, 1999 Page 10
Attorney Olivas stated that this matter would be noticed
and placed on the July 7t'l meeting agenda for public
comments.
SCHOOL COMMUNITY POLICING Captain Higginbotham presented the report which
PARTNERSHIP 3-YEAR GRANT requests City Council approval to submit for the School
Community Policing Partnership Grant, which is flinded
by the California Department of Education and the Office
of the Attorney General.
A motion was made to approve the submission of two
separate School Community Policing Partner ship Grants
in collaboration with the Baldwin Park Unified School
District, Baldwin Park Unified School District Police, the
Los Angeles County Office of Education, Kaiser
Permanente Hospital, and other Community Based
organizations, and to approve an equal sharing of the
matching flind requirements among the collaborative
partners.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion Carried
REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES
EMPLOYEE BBQ Director Nunez mentioned that on Thursday, July 8, 1999,
there will be a barbecue and all employees are invited to
attend.
CLOSED SESSION
PUBLIC EMPLOYEE This item was trailed until after the adjournment of all
DISCIPLINEIDISMISSALI agency meetings.
RELEASE Section 54957)
The City Council recessed to Closed session at 10:31 p.m.
and reconvened at 12:04 a.m. with all members present.
Attorney Olivas reported as follows: No action taken,
instructions given to staff
ADJOURNMENT There being no other matters to be discussed, Mayor
Lozano adjourned the meeting at 12:05 a.m. There were
no objections.
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1999 06 16 CC MINòw @˜ ö CC MIN JUNE 16, 1999›[H!Î8City Council Meeting- June 16,1999 Page 11
Approved as presented by the Council at their meeting
held July 7, 1999.
Rosemary M. Ramirez Deputy City Clerk
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