HomeMy WebLinkAbout1999 07 21 CC MIN1999 07 21 CC MINòw @˜ € n CC MIN JUL 21 1999â›[H3Ú8COUNCIL CHAMBER JULY 21, 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 Bill" 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; Ana Montenegro, City Treasurer
and Kathryn V. Tizcareno, City Clerk.
PROCLAMATIONS/COMMENDATIONS/PRESENENTATIONS
RECOGNITION OF CITY OFFICIAL Mayor Lozano presented Ana Montenegro, City
ANA MONTENEGRO Treasurer, with a Service Award for her 25 Years of
distinguished service to the citizens of the City of
Baldwin Park. Councilmembers Gair, Pacheco, and
Van Cleave joined Mayor Lozano in commending Ana
for her unending service to the community.
Jesse Carlos of Congress Martinez' Office presented
Ana Montenegro with a certificate of Congressional
recognition.
COMMISSION SERVICE AWARDS Mayor Lozano, presented service awards to former
JEAN CARPENTER & MARY FERRER Recreation and Community Services Commissioners
Jean Carpenter and Mary Ferrer for their dedicated
service to the community.
DISTINGUISHED SERVICE AWARD Mayor Lozano presented Captain Dennis Kies
DENNIS KIES with a Distinguished Service Award for his 21 years of
service with the City of Baldwin Park and
congratulated Capt. Kies on his recent job promotion
as Chief of Police for the City of La Habra.
Councilmembers Gair, Pacheco, and Van Cleave
joined Mayor Lozano in congratulating Dennis on his
recent promotion and future endeavors and for his
dedicated service to the City of Baldwin Park.
Assemblyman Martin Gallegos presented Captain Kies
with a certificate of Assembly recognition.
Jesse Cartos of Congressman Matthew Martinez'
office presented Captain Dennis Kies with a Certificate
of Congressional recognition.
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1999 07 21 CC MINòw @˜ € n CC MIN JUL 21 1999â›[H3Ú8City Council Minutes-JuIy 21, 1999 Page 2
Robert Barajas of Senator Hilda Solis' office presented
Captain Kies with a Certificate of Senatorial
recognition.
Kathleen Gair, President Baldwin Park Unified School
District, presented Captain Kies with a Certificate of
Recognition.
Rita Gallegos, Vice President, Baldwin Park Chamber
of Commerce presented a Certificate of Recognition to
Captain Kies.
On behalf of the Baldwin Park Rotary, Ms. Rita
Gallegos presented a certificate of recognition to
Captain Kies.
CERTIFICATE OF APPRECIATION Mayor Lozano presented a Certificate of Appreciation
KAUFMAN & BROAD to Mr. Alexis of Kaufman & Broad for their contribution
to the educational programs of the community.
DISTINGUISHED SERVICE AWARD Mayor Lozano presented an Award to Chief of Police,
RICHARD A. LEGARRA Richard LeGarra in appreciation of his service as
Interim Chief Execuuve Officer.
PUBLIC COMMUNICATIONS
CITIZEN COMPLAINT Lucy Scott, Baldwin Park, asked if the city was going
to city pay for the damaged fence and security doors
on her property.
SKATEBOARD PARK REQUEST Lisa Nguyen, Jason Minguerra, Paul Vizuela, Joseph
Tizcareno, and Robert Lopez are present again this
evening to request the City of Baldwin Park to build a
skate.
Mayor Lozano advised that this mailer has been
referred to the Recreation and Community Services
Commission to investigate a possible location and
funding for this project. At this time, this mailer is
being looked into further.
TENNIS COURT REQUEST Al Contreras, Baldwin Park, requested that the Council
build tennis courts.
SENATOR HILDA SOLIS' Robert Barajas of Senator Hilda Soils' Office invited
ANNOUNCEMENTS the City Council and members of the community to the
Veterans and Town Hall Fair to be held on Saturday,
July 24th at the Senior Center at Morgan Park.
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1999 07 21 CC MINòw @˜ € n CC MIN JUL 21 1999â›[H3Ú8City Council Minutes July 21, 1999 Page 3
CONGRESSMAN MATTHEW Jesse Carlos of Congressman Matthew Martinez'
MARTINEZ' ANNOUNCEMENTS office reminded the City Council and members of the
audience that the Congressman's office is available
for assistance in all areas including those related to
federal, state, county and local issues.
CONSENT CALENDAR
City Clerk Tizcareno presented the consent calendar
as follows:
Councilmember Gair pulled the following item from the
Consent Calendar:
1) APPROVAL OF MINUTES July 7, 1999
Councilmember Pacheco pulled the following item
from the consent calendar
1) CONTRACT EXTENSION WEST COAST
ARBORISTS
CERTIFICATE OF POSTING Certificate of Posting for July 21,1999, was approved.
CLAIMS AND DEMANDS Further reading was waived and Resolution No.99-44
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. Mayor Pro-Tem Van
Cleave abstained on all warrants to Mr. Bill's Hardware
financial conflict of interest).
TREASURER'S REPORT The Treasurers report for June 30,1999, was
received and filed.
CLASSIFICATION PLAN AMENDMENT Further reading was waived and Resolution No.
Recreation Leader Ill and IV 9945 entitled, A RESOLUTION OF CITY COUNCIL
OF THE CITY OF BALDWIN PARK AMENDING
RESOLUTION NO. 99-65 A CLASSIFICATION PLAN
FOR THE CITY'S CLASSIFIED AND UNCLASSIFIED
POSITIONS, was adopted.
SALARY PLAN AMENDMENT Further reading was waived and Resolution No.
Recreation Leader Ill and IV 9944 entitled, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK
AMENDING RESOLUTION 99-33 A BASIC SALARY
PLAN FOR THE EMPLOYEES OF THE CITY OF
BALDWIN PARK", was adopted.
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1999 07 21 CC MINòw @˜ € n CC MIN JUL 21 1999â›[H3Ú8City Council Minutes July 21, 1999 Page 4
ZONE CHANGE APPROVAL Ordinance No.1141 entitled, AN ORDINANCE
OVERLAY ZONE) KEN SPIKER OF THE CITY COUNCIL OF THE CITY OF
AND ASSOCIATES CASE NO. Z-509 BALDWIN PARK APPROVING A CHANGE OF ZONE
FORM IC PD), TO IC PD) 0) TO CREATE AN
OUTDOOR ADVERTISING DISTRICT OVERLAY
ZONE ALONG THE SOUTH-WEST CORNER OF
THE I-10 AND 1405 FREEWAYS APPLICANT:
KEN SPIKER AND ASSOCIATES, CASE NO. Z-509,
LOCATION: 440 CLOVERLEAF DRIVE", was
adopted on second reading, read by title only, and
further reading thereof was waived.
GENERAL PLAN AND ZONE CHANGE Ordinance No.1143 entitled, AN ORDINANCE
AMENDMENT KEN SPIKER AND OF THE CITY OF BALDWIN PARK APPROVING
ASSOCIATES CASE No. AGP-99 A CHANGE OF ZONE FROM OS, TO C-i(O) TO
&Z-510 CREATE AN OUTDOOR ADVERTISING DISTRICT
OVERLAY ZONE ALONG THE WESTERN MOST
EDGE OF BARNES PARK ADJACENT TO THE 1-605
FREEWAY APPLICANT: KEN SPIKER AND
ASSOCIATES; CASE NO.: Z-510; LOCATION: 3241
PATRITTI AVENUE", was adopted on second
reading, read by title only, and further reading thereof
was waived.
GENERAL PLAN AND ZONE CHANGE Ordinance No.1144 entitled, AN ORDINANCE
AMENDMENT KEN SPIKER AND OF THE CITY OF BALDWIN PARK APPROVING
ASSOCIATES CASE No. AGP-100 A CHANGE OF ZONE FROM OS, TO I-C(O) TO
&Z-511 CREATE AN OUTDOOR ADVERTISING DISTRICT
OVERLAY ZONE ALONG THE I-10 AND I-805
FREEWAYS WITHIN THE SOUTHERN CALIFORNIA
EDISON RIGHT OF WAY APPLICANT: KEN
SPIKER & ASSOCIATES; CASE NO.: Z-511 1;
LOCATION: NORTHWEST CORNER OF THE 1-10
AND 1-605 FREEWAYS WITHIN THE SOUTHERN
EDISON RIGHT OF WAY", was adopted on second
reading, read by title only, and further reading thereof
was waived.
MUNICIPAL CODE SECTION Ordinance No.1145 entitled, AN ORDINANCE
150.003 A-L) AMENDMENTS OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK MUNICIPAL CODE RELATING TO THE
UNIFORM BUILDING CODES, was adopted on
second reading, read by title only, and further reading
thereof was waived.
LANDSCAPE MAINTENANCE CONTRACT Formal bidding procedures were waived and an
FOR CITY FACILITIES annual contract for the weekly maintenance of the
Metro-link Rail Station, the Park-N-Ride Lot and City
Hall facilities was awarded to L. Barrios and
Associates, Inc., in an amount of $32,700.00.
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1999 07 21 CC MINòw @˜ € n CC MIN JUL 21 1999â›[H3Ú8City Council Minutes July 21,1999 Page 5
RENEWAL OF MOTOROLA AGREEMENT Service agreement between the Baldwin Park
POLICE RADIO EQUIPMENT Police Department and Motorola was approved in an
amount of $922.20 for the servicing of the police radio
equipment.
AWARD OF CONTRACT PROP C A contract was awarded to Sully-Miller Contracting
STREET IMPROVEMENT PROJECT Company in the amount of $454,551.18 for
CIP 807, 808 AND 819 construction contract for Ramona Boulevard La Rica
Avenue to Merced Avenue) Dalewood Street Merced
Avenue to Garden View Lane) Baldwin Park
Boulevard Tracy Street to Dalewood Street) Street
Improvement Project, CIP 807, 808, and 819. The
Mayor is authorized to execute the contract and the
Engineering Manager is authorized to execute the
necessary change orders in an amount not to exceed
ten 10%) percent of the original contract amount.
EXCLUSIVE LENDERS Council approved a one-year extension of the
CONTRACT EXTENSIONS contracts for Pacific Coast Mortgage, Sanwa Bank,
and American Capital Financial Corporation as the
City's exclusive lenders for the silent second and down
payment assistance programs.
ARCHITECTURAL SERVICES CONTRACT Contract was awarded to Figueroa & Associates in
REMOVAL OF BARRIERS PER ADA an amount of $18,000.00 for the architectural
REQUIREMENTS services for the removal of barriers per ADA
requirements and authorized the Interim Director of
Public Works to execute change orders and/or
additional expenditures not to exceed ten 10%)
percent of the original contract amount.
PURCHASE OF STREET SWEEPER Council approved using the bid package documents
that were used by the City of Alhambra and awarded a
purchase agreement to Kelly Equipment in the amount
of $68,524.85 for the purchase of a 1999 Schwarze
Model 4000 Regenerative Air street sweeper.
AMERICAN RED CROSS AGREEMENT Council approved the agreement with the American
FOR EMERGENCY SHELTER Red Cross for the use of city facilities for emergency
shelter services.
CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar
as presented.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion carried
CONTRACT EXTENSION In response to Councilman Pacheco's question,
WEST COAST ARBORISTS Director Hathaway stated that the amount on the staff
report should have been $50,000.00 which is the
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1999 07 21 CC MINòw @˜ € n CC MIN JUL 21 1999â›[H3Ú8City Council Minutes July 21, 1999 Page 6
same amount of the renewal agreement for this
contract.
A motion was made to grant an extension of the
current contract with West Coast Arborists, Inc. for an
additional twelve 12) months, for an amount of
$50,000.00.
MOTION: Councilman Pacheco
SECOND: Mayor Pro Tern Van Cleave
Motion carried.
RECONSIDERATION OF A motion was made to reconsider consent calendar
CONSENT CALENDAR ITEM item, Award of Contract for Architectural Services for
Removal of Barriers per ADA Requirements".
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion carried.
ARCHITECTURAL SERVICES CONTRACT Mayor Lozano asked for additional information
REMOVAL OF BARRIERS PER ADA regarding this mailer Director Hathaway indicated
REQUIREMENTS that this was a redevelopment block grant authorized
program. This contractor will identify the barriers per
ADA requirements and design accommodations to
support the Americans with Disabilities Act throughout
the city so that we can began to repair those particular
items that need to be addressed. The City does not
have staff certified) to support the completion of this
project in-house.
A motion was made to award the contract to Figueroa
& Associates in an amount of $18,000.00 for the
architectural services for the removal of barriers per
ADA requirements and authorize the Interim Public
Works Director to execute change orders and/or
additional expenditures not to exceed ten percent
10%) of the original contract amount.
MOTION: Mayor Lozano
SECOND: Mayor Pro Tern Van Cleave
Motion carried.
PUBLIC HEARINGS
JOINT PUBLIC HEARING CITY COUNCIL Arnold Alvarez-Glasman, Special Counsel to the
REDEVELOPMENT AGENCY DISPOSITION Redevelopment Agency advised the Council that this
AND DEVELOPMENT AGREEMENT FOR process has been on going in an attempt to negotiate
THE PROPOSED THOMAS SAFRAN a transaction with the developer Through a series of
& ASSOCIATES PROJECT additional discussions, there are some new additional
deal points that have been raised by the developer
and an offer has been made that would put the city
and agency in a better position with regards to the
funding of this project.
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It is the recommendation of Legal Counsel that this
matter be held over until the next meeting so that
those deal points can be addressed and those
documents can be drafted.
A motion was made to continue this matter to the
August 4,1999 meeting.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion carried.
APPROVE SPECIFIC PLAN AND Mayor Lozano declared the public hearing OPEN
DEVELOPMENT PLAN FOR 71 UNIT for public participation.
SENIOR AND FAMILY AFFORDABLE
HOUSING DEVELOPMENT APPLICANT: Mr. David Fergerson, Developer of Safran &
THOMAS SAFRAN & ASSOCIATES Associates explained for the benefit of the public, that
the decision to continue this matter is due to financial
deal points relative to the project that need to be
further addressed. Mr. Fergerson thanked those
present for attending tonights meeting.
A motion was made to continue this mailer until the
meeting of August 4,1999.
MOTION: Councilman Pacheco
SECOND: Councilwoman Gair
DEVELOPMENT AGREEMENT DA) Director Cervantes presented the report as follows:
KEN SPIKER AND ASSOCIATES Ken Spiker and Associates Inc., or its successors in
interest, is proposing the construction of a total of nine
9) new billboards. Three are proposed for the 1-10
and the I-605 in the delta Redevelopment Project
Area; three are proposed on the west side of the I-605
on the Edison Right of Way, and three are proposed
on city owned property Barnes Park) along the 1405.
Mayor Lozano declared the public hearing OPEN for
public participation.
Lucy Scott, Baldwin Park, commended the developer
on this idea and suggested using the funds for the
skateboard park or perhaps a mini golf course.
Emma Moonyham, Baldwin Park, has always
supported the idea of billboards within our city and
pleased to see that the council is moving a forward
direction.
There being no one else wishing to speak, Mayor
Lozano declared the public hearing CLOSED.
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Mayor Pro Tern Van Cleave asked if the funds
received from this project are earmarked or will they
go into the general fund. It was noted that there is no
restriction on these funds. Director Hathaway
indicated that this revenue is not budgeted.
Councilman Pacheco asked that these funds be
tracked.
A motion was made to adopted Ordinance No.1142
entitled, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CALIFORNIA,
AUTHORIZING THE CITY OF BALDWIN PARK TO
ENTER INTO A DEVELOPMENT AGREEMENT WITH
KEN SPIKER & ASSOCIATES, INC. FOR THE
APPROVAL OF NINE 9) NEW BILLBOARD
STRUCTURES AT SPECIFIC LOCATIONS WITHIN
THE CITY OF BALDWIN PARK," on second reading,
read by title only and further reading thereof was
waived.
MOTION: Mayor Pro Tern Van Cleave
SECOND: Councilman Pacheco
Motion Carried
INTEGRATED WASTE MANAGEMENT Director Hathaway presented the report as follows:
FEE INCREASE AB939 In order to maintain compliance with both AB939
Waste Diversion and Federal Clean Water NPDES)
mandates, it is recommended that the City Council
authorize the Public Works Director to execute the
necessary documents to provide for an increase of
$0.50 per month from 0.25 to 0.75 per month) for
AB939 fees collected, develop a program to increase
the frequency of street sweeping from bi-monthly to
weekly and establish a mandatory diversion program
as it relates to the waste materials collected. Director
Hathaway further recommended that the Council
conduct the Public Hearing and adopt Resolution No.
9948.
Wendy Lemm-Harris reported as follows: The reason
for the increase is in order to accommodate new
programming which is aimed to help us meet this
mandated goal at 50% and also to show a good faith
effort on the city's behalf in trying to meet that 50%.
Mayor Lozano declared the Public Hearing OPEN for
public participation.
Lucy Scott, Baldwin Park, spoke of curb debris in front
of her home.
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1999 07 21 CC MINòw @˜ € n CC MIN JUL 21 1999â›[H3Ú 8City Council Minutes July 21, 1999 Page 9
There being no one else wishing to speak, Mayor
Lozano declared the Public Hearing CLOSED.
Councilwoman Gair commended Wendy Lemm-Harris
on the content and clarity of her report.
Mayor Pro Tern Van Cleave stated that he did have an
opportunity to talk to Ms. Harris and now understands
the concept of diversion.
A motion was made to adopt Resolution No.9948
entitled, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK INCREASING
THE INTEGRATED WASTE MANAGEMENT FEES
AB939", read by title only and waive further reading
thereof.
MOTION: Councilwoman Gair
SECOND: Councilman Pacheco
Motion Carried
REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES
TELACU REQUEST TO WAIVE Mayor Lozano asked that this mailer be continued
DEVELOPER FEE to August 4,1999.
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
HANDICAP RAMP REQUESTS Mayor Pro Tern Van Cleave asked that the installation
of handicap ramps be looked into in the area of Bess
and Frazier Avenues.
Mayor Pro Tem Van Cleave wished to thank staff who
put together the recent picnic in the park event.
COMMISSION APPOINTMENTS Councilman Pacheco was contacted by an individual
whose application was not considered for selection to
the Housing Commission. He asked staff to look into
this mailer and report back to the Council.
SIDEWALK SALE INQUIRY Councilwoman Gair asked why the apparel shop on
Maine Avenue is having daily sidewalk sales and if
appropriate fees are being paid for these permits?
CODE ENFORCEMENT REQUEST Councilwoman Gair received a resident inquiry by an
VEHICLES PARKING ON LAWNS individual who was told by someone at City Hall that
the code relating to cars parking on lawns is no longer
enforced. Councilwoman Gair asked that this matter
be looked into by Code Enforcement and that the
code be enforced accordingly.
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8City Council Minutes July 21,1999 Page 10
CODE ENFORCEMENT REQUEST Councilwoman Gair asked that the code be enforced
UNLAWFUL STREET VENDORS on the vendors who are selling out of carts or
otherwise unlawfully within the city of Baldwin Park.
PERSONNEL INFORMATION REQUEST Councilwoman Gair requested copies of the job
descriptions of the two recent redevelopment hires.
DESIGN REVIEW COMMITTEE Councilwoman Gair asked for information on the
Design Review Committee specifically, how long have
we had this procedure; why do we have this
procedure; is it required by law; and, why are changes
made after the plans are submitted and approved?
ILLEGAL PARKING ON Councilwoman Gair stated That on July 19, 1999 at
RAMONA BOULEVARD approximately 11:00 am., on Ramona Boulevard
between the medical building and Knolls pharmacy,
she attempted to park and there was no parking
available. Councilwoman Gair suggests that the two-
hour parking and the double parking violators be
ticketed.
TEEN SUMMIT Director Nunez informed the Council and members of
the audience of the upcoming Teen Summit on
Wednesday, July 25, 1999 at the Community Center.
SCHOLARSHIP AWARD Attorney Olivas informed the City Council that the Law
Firm of Olivas, Leal and Jauregui had given a
scholarship to Donald Duarte, a Sierra Vista High
School Graduate. Mr. Duane now works in the Law
office as a summer intern. Attorney Olivas wished to
announce and extended this opportunity to other High
School graduates from this community.
COMMUNITY RUN ANNOUNCEMENT Chief of Police LeGarra invited the Council and
members of the audience to the Annual Community
Run which will be held at Morgan Park on August 7,
1999.
KUDOS TO COMMUNITY Mayor Lozano wished to thank Director Nunez and his
PICNIC ORGANIZERS staff for doing such an outstanding job on coordinating
the recent community picnic. A great time was had by
all who were in attendance.
CLOSED SESSION
The closed session items were trailed until after the
adjournment of all agency meetings.
The City Council recessed to Closed Session at 8:50
p.m. and reconvened at 10:50 p.m. with all members
present. The following action was reported:
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1999 07 21 CC MINòw @˜ € n CC MIN JUL 21 1999â›[H3Ú8City Council Minutes-JuIy 21, 1999 Page 11
CONFERENCE WITH REAL Property: 14148 Francisquito Avenue
PROPERTY NEGOTIATOR Owner D. Wong & Associates
Pursuant to GC 54956.8) Negotiating Parties: City and Property Owners
Under Negotiation: Terms and Conditions of Sale
ACTION: lnstructions given to legal
counsel.
PERSONNEL MATTER Consideration of Appointment
Pursuant to GC 54957) ACTION: City Council selected the Firm of
Alvarez-Glasman & Colvin to
provide legal services to the City
and terminated its contract with
existing legal counsel. A
contract for services will be
presented in open session at the
next City Council meeting
ADJOURN There being no further matters to be discussed, the
meeting adjourned at 10:52 p.m.
Approved as presented by the City Council at their
meeting held September 15,1999.
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