HomeMy WebLinkAbout1999 08 04 CC MIN1999 08 04 CC MINòw @˜ € z CC MIN AUG 4 1999[à›[H3æ8COUNCIL CHAMBER AUGUST 4, 1999
14403 E. PACIFIC AVENUE WEDNESDAY
BALDWIN PARK, CA 91706 7:00P.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-Tern William Bill" Van Cleave, and
Mayor Manuel Lozano.
Also present: Michael Garcia, 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; Kathryn V. Tizcareno, City Clerk;
and Rosemary M. Ramirez, Deputy City Clerk
OATHS OF OFFICE
SUSAN EMILY LOEB and Oaths of Office were administered to newly appointed
RITA P. VAZQUEZ Recreation and Community Services Commissioners
Emily Susan Loeb and Rita P. Vazquez.
PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS
DISTINGUISHED SERVICE AWARD Mayor Lozano was joined by the Council in presenting
DAVID OLIVAS a Distinguished Service to former City Attorney David
Olivas.
Jesse Carlos of Congressman Matthew Martinez'
office also presented a Congressional Certificate of
Distinction to former City Attorney Olivas.
Members of the Baldwin Park Pony League also
presented a Certificate of Appreciation to former City
Attorney Olivas and thank him for his continued
support of the Pony League activities.
On behalf of the entire City Council, and in
appreciation for his service to the City of Baldwin Park,
Councilmember Gair presented Mr. Olivas with a gift.
PUBLIC COMMUNICATIONS
INTRODUCTION OF CITY OF LA PUENTE At this time, Mayor Lozano introduced and welcomed
COUNCILMEMBER HOLGUIN-FALLON La Puente City Councilwoman Sally Holguin-Fallon.
Councilwoman Holguin-Fallon thanked the Mayor for
the warm welcome and stated that she was here in
support of Ms. Yolanda Ruiz, who has an item on the
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consent calendar this evening pertaining the adoption
of a resolution requesting parole denial for convicted
murderer Danny Saul Rosales.
CONCERN REGARDING PUBLIC Joseph Cowen, President of the Baldwin Police
COMMENTS MADE BY CITY OFFICIAL Association directed his comments to Mayor Pro Tern
Van Cleave, requesting a public apology for his
statements that appeared in a recent San Gabriel
Valley Tribune article regarding the conduct of police
officers.
CONGRESSMAN MARTINEZ' Jesse Carlos of Congressman Matthew Martinez
OFFICE ANNOUNCEMENTS office reminded the City Council and members of the
audience that the Congressman office is available to
assist individuals with any mailers requiring
assistance.
STREET REPAIR Mr. Salazar, 13308 Corak Street expressed concern
that over one year ago, he reported a pot hole in front
of his home. To date, the matter has not been
address nor repaired and would like to know what the
city will do to handle this matter
REZONE REQUEST Ms. Betty Brockley, spoke regarding her previous
request to have the property located at 18228
Dalewood rezoned. A sale of this property is pending
the rezoning of the subject property to residential. Ms.
Brockley further stated that she has complied with all
engineering and planning requests by submitting the
necessary documents and asked that this mailer be
addressed.
COMMISSIONER COMMENT Ms. Emily Loeb, newly appointed Commissioner,
wished to thank the City Council for appointing her as
member of the Recreation and Community Services
Commission.
MAYOR LOZANO PUBLIC COMMENT Mayor Lozano referred to a recent article in the San
Gabriel Valley Tribune, in which Assemblyman Martin
Gallegos made an uninformed comment/opinion.
Mayor Lozano urged members of the audience and of
the community, to disregard stereotypical comments
as such, since they are the types that keep us from
moving forward.
PUBLIC APOLOGY Mayor Pro Tern Van Cleave publicly apologized to the
Baldwin Park Police Association for his comments
which appeared in the Tribune. He further stated that
the reporters' writing was a different perspective than
that of his own.
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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 and
July 21, 1999.
2) APPROVE AGREEMENT FOR ATTORNEY
SERVICES With the Law Firm of Alvarez-
Glasman & Colvin.
CERTIFICATE OF POSTING Certificate of Posting for August 4,1999, was
approved.
CLAIMS AND DEMANDS Further reading was waived and Resolution No.9947
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).
RESOLUTION RECOMMENDING PAROLE Further reading was waived and Resolution No.9945
DENIAL DANNY SAUL ROSALES entitled, A RESOLUTION OF CITY COUNCIL OF
THE CITY OF BALDWIN PARK, CALIFORNIA
RECOMMENDING THAT PAROLE BE DENIED TO
CONVICTED MURDERER, DANNY SAUL ROSALES
CDC 22367", was adopted.
CLAIM REJECTION JAMES L. JONES The claim of James L. Jones, M.D., was denied and
CASE No. 98-020A staff was directed to send the appropriate notice of
rejection to claimant.
PLANS & SPECIFICATIONS The plans and specifications for FY 1999-2000 Gas
FOR FY 1999-2000 GAS TAX FUNDS Tax Funded Project of thirteen residential streets were
approved and staff was authorized to advertise and
solicit bids for the construction phase of CIP Project
850A.
RESOLUTION ALLOWING EXTENSION Further reading was waived and Resolution No.99-70
OF EMPLOYMENT PERSONNEL/RISK entitled, A RESOLUTION OF THE CITY COUNCIL
MANAGER OF THE CITY OF BALDWIN PARK REQUESTING
EXTENSION OF EMPLOYMENT OF THE
PERSONNEL/RISK MANAGER PURSUANT TO G.C.
SECTIONS 21221(h) and 21224", was approved.
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CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar
as presented.
MOTION: Councilman Pacheco
SECOND: Councilwoman Gair
Motion carried.
APPROVAL OF MINUTES A motion was made that the minutes not be included
in the consent calendar if they are not included for
approval in the council agenda packets.
MOTION: Councilwoman Gair
SECOND: Mayor Pro Tern Van Cleave
AGREEMENT FOR CITY ATTORNEY Councilwoman Gair asked that this mailer be pulled
SERVICES ALVAREZ-GLASMAN & COLVIN from the consent calendar for the benefit of publicly
introducing our newly appointed City Attorney Michael
Garcia from the Law Offices of Alvarez-Glasman &
Colvin.
A motion was made to approve the agreement for City
Attorney Services with the Law Office of Alvarez-
Glasman & Colvin.
MOTION: Councilwoman Gair
SECOND: Mayor Pro Tern Van Cleave
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
same amount of the renewal agreement for this
contract.
A motion was made to grant 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.
PUBLIC HEARINGS
JOINT PUBLIC HEARING CITY COUNCIL Mayor Lozano OPENED this matter for discussion.
REDEVELOPMENT AGENCY DISPOSITION
AND DEVELOPMENT AGREEMENT FOR Jessie Plata, stated his opposition to the project and
THE PROPOSED THOMAS SAFRAN asked if the developer will consider building a field for
& ASSOCIATES PROJECT the Road Runners to have as a home field.
Ms. Pacheco, stated that Baldwin Park feels that the
city is not big enough to accommodate the growth.
Salvador Gonzales, stated he lives two blocks from
Sierra Vista and his child was sent to Jones Middle
School. This is a clear indication that the schools are
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overcrowded and do not provide quality education and
feels that the city does not need additional multi-tenant
housing.
Helen Hickam, Corak Street resident, is in support of
the development and reminded the Council that the
future of our city rests on their decision here this
evening.
Rafael Garcia, Baldwin Park, wished to thank Mr.
Ferguson for his time however, feels that the project
will cause a density problem, one, which the city is not
capable of handling, and he urged the council not to
approve the project.
Veronica last name not audible), rebutted an earlier
comment which was made, that a child was sent to a
school out of boundary due to overcrowding. She
stated that the reason for this it happened to her child
as well) is due to the boundary lines of the district, it
has nothing to do with overcrowding.
Raul Martinez, Baldwin Park, is in support of the
project and wished to commend Mr. Ferguson for his
role in presenting the plans and development of the 71
unit-housing complex.
Dan Trunco, Baldwin Park, is in full support of this
project and he asked the council to base their decision
on the merits of the project, developer and the future
of the City.
Don Cook, Baldwin Park, is in support of this project.
Providing housing within the city keeps residents from
the city in the city.
Kathryn Tizcareno, Baldwin Park, is in favor of the
project and asked Council to keep an open mind when
making their decision tonight.
Stacey Perez, Owner of Elwin Market, is in support of
the project and feels that there is no other offer the
city has had on this property that would improve the
quality of life for its surrounding residents and or
businesses.
Rosalva Gambos, Corak Street resident, stated that at
first, she was opposed to the project, however, after
she toured other facilities and became fully informed
of the benefits offered by the developer, she has
changed her mind and is now 100% in favor of the
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project.
Magdaleno Polino, Corak Street resident, said that all
his neighbors could not be here this evening however
on their behalf, he wished to stated that the majority of
the residents on Corak street are in favor of this
project and asked Council to make a favorable
decision tonight.
Victor Santa Cruz, Corak Street, said he is one of the
opponents of Corak Street and asked Council to not
approve the project since it would only bring an
overcrowding of people that the City does not need.
There was no one else wishing to speak therefore,
Mayor Lozano declared the Public Hearing CLOSED.
In response to a comment from the audience
regarding the capability of the school district to provide
quality education, Councilwoman Gair stated that her
children are all products of the Baldwin Park School
District. Each has a great level of success that they
have obtained as a result of the quality education they
have received in Baldwin Park.
Councilwoman Gair further stated that in order for the
City of Baldwin Park to be prepared for the density
that will inevitably hit the entire state of California by
the year 2010, now is the time to start preparing and
providing additional housing.
Councilwoman Gair believes in making decision that
will improve the quality of life for the residents of the
City of Baldwin Park and she is in favor of the
proposed Safran Project.
Councilman Van Cleave stated that he has been a
resident of the City of Baldwin Park for over 22 years
and he also is in support of providing a quality of life
for residents of the City and is in favor of the project.
Councilman Pacheco stated that his concerns were
surrounded with the Development Agreement and also
stated his support of the project.
Mayor Lozano stated that although he continues to
maintain a vision for the City of Baldwin Park, there
are concerns surrounding the project that he is not
comfortable in approving, he will not vote in favor of
the project.
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A motion was made to waive further reading and
adopt Resolution No. 9945 entitled, A
RESOLUTION OF THE CITY OF BALDWIN PARK
APPROVING A DISPOSITION AND DEVELOPMENT
AGREEMENT OF AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF
BALDWIN PARK AND THOMAS SAFRAN &
ASSOCIATES, PERTAINING TO THE DISPOSITION
AND DEVELOPMENT OF THE REAL PROPERTY
LOCATED OUTSIDE OF DESIGNATED
REDEVELOPMENT PROJECT AREAS AND MAKING
FINDINGS THEREFORE AS REQUIRED BY HEALTH
AND SAFETY CODE CALIFORNIA
REDEVELOPMENT LAW SECTION 33433".
MOTION: Councilwoman Gair
SECOND: Mayor Pro Tern Van Cleave
NOES: Mayor Lozano
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: There was no one wishing to speak therefore, Mayor
THOMAS SAFRAN & ASSOCIATES Lozano declared the public hearing CLOSED.
A motion was made to waive further reading and
adopt Resolution No. 99-37 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK APPROVING A SPECIFIC PLAN
AND A DEVELOPMENT PLAN TO ALLOW THE
CONSTRUCTION OF A 71 UNIT SENIOR AND
FAMILY AFFORDABLE APARTMENT
DEVELOPMENT APPLICANT: THOMAS SAFRAN &
ASSOCIATES; LOCATION: 13022-62 RAMONA
BOULEVARD, 13122 CORAK STREET, AND 13043
FRANCISQUITO AVENUE; CASE NO.: SP 99-1 and
DR-11".
MOTION: Councilwoman Gair
SECOND: Mayor Pro Tern Van Cleave
NOES: Mayor Lozano
Motion carried.
STREET VACATION CASE NO. 99-V-I Director Hathaway presented the report as follows:
In 1943, a street dedication was required as a
condition of approval for Parcel Map 10735. The
easement was intended to be a part of a future street.
In a subsequent amendment of the Circulation
Element of the General Plan, the proposed street was
deleted.
At present, the proposed street easement is not
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improved. General American Life Insurance
Company, the owner of the property, has requested
that the City initiate vacation proceedings for this
easement.
The Planning Department has determined that this
vacation is in conformance with the General Plan as
required by Section 65402 of the Government Code.
A motion was made to waive further reading and
adopt Resolution No. 9949 entitled, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK ORDERING THE VACATION OF
A STREET EASEMENT LOCATED IMMEDIATELY
SOUTH OF LIVE OAK AVENUE BETWEEN
BALDWIN PARK BOULEVARD AND STEWART
AVENUE".
MOTION: Councilwoman Gair
SECOND: Mayor Pro Tern Van Cleave
Motion carried.
REPORTS OF OFFICERS. COMMMlSSIONS AND COMMITTEES
POLICE UNIVERSAL HIRING GRANT Lt. Ed Lopez presented the report as follows:
At the May 5, 1999 City Council Meeting, Council
approved the Police Departments request to submit
an application for the Universal Hiring Program Grant.
In summary, the Police Department has applied for
three full-time police officer positions in an attempt to
incrementally increase its current ratio of police
officers to 1000 residents from 1.0 to 1.04. This grant
would reimburse the City an estimated $225,000.00
over a three-year period to offset salary and benefit
costs for the three officers. These new positions
would increase the Departments Table of
Organization from 77 to 80 in order to accommodate
an increasing population growth.
A motion was made to accept the Universal Hiring
Program Grant awarded and approve the available
funding sources to meet the grants cash match
requirement in an amount of $116,745.00
MOTION: Councilwoman Gair
SECOND: Mayor Pro Tern Van Cleave
1999 LOCAL LAW ENFORCEMENT BLOCK Local Law Enforcement Block Grant LLEBG) Program
PROGRAM AND BUREAU OF JUSTICE funds must be spent in accordance with one or more
BULLETPROOF VEST PARTNERSHIP seven purpose areas. The Police Department
recommends that the funds be used for paying
overtime to employed law enforcement officers and
necessary support personnel to increase the number
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of hours worked by such personnel. The amount of
eligible 1999 LLEBG funding for the City of Baldwin
Park to be used for overtime funds is $101,998. The
City is required to provide a cash match of $11,332.
The City of Baldwin Park is eligible to apply for funding
under the Bulletproof Vest Partnership Act. Funds can
be requested to help purchase one bulletproof vest
per law enforcement officer for FY 99/00. During this
fiscal year, staff has identified twenty-five officers
whose vests will expire requiring the purchase of a
new vest.
The total cost of twenty-five vests is $12,988.45. The
Bulletproof Vest Partnership Act is a matching funds
program that requires a match of at least fifty-percent
of the cost of the vests. The fiscal impact to the City is
$6,494.23.
A motion was made to approve the application for
submission for the 1999 LLEBG Program and the
Bureau of Justice Bulletproof Vest Partnership
Program, approve the City's cash match for the 1999
LLEBG Program in an amount of $1 1,332.00 pending
award of funding), and approve the City's cash match
for the Bureau of Justice Bulletproof Vest Partnership
Program in an amount of $6,494.23 pending award of
funding).
MOTION: Councilman Pacheco
SECOND: Councilwoman Gair
Motion carried.
SIDEWALK SALES FOR CENTRAL Director Cervantes presented the report as follows:
BUSINESS DISTRICT As part of the Downtown/Civic Center Revitalization
effort, a comprehensive implementation plan will be
developed in the upcoming months.
In May, the Council authorized temporary sidewalk
sales for a 30-day period to those businesses that
applied for a permit. Fallas Paredes was the only
applicant.
We currently have a request by Fallas Paredes for an
additional 60-day sidewalk sale period.
Councilmember Gair feels that all businesses should
have the same opportunity to conduct sidewalk sales
and requested that fliers be distributed to all business
within the community.
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A motion was made to approve a 80-day temporary
sidewalk sale permit to those businesses who apply
and obtain the necessary permits and, bring back this
matter in a future agenda as a study session item.
MOTION: Mayor Lozano
SECOND: Councilman Pacheco
Motion carried.
TELACU REQUEST TO WAIVE Mayor Lozano asked that this mailer be continued
DEVELOPER FEE to August 18,1999.
CLAIM FOR DAMAGES Director Cervantes presented the report as follows:
CHAMBER BUILDING Following the move of the Historical Society, the
Chamber of Commerce initiated construction to
remodel their building. City Building Inspectors and
Department Staff conducted an inspection and
concurred that the damage occurred during the
occupancy of the Historical Society Museum. The
Chamber is requesting reimbursement in the amount
of $3,275.00 for the repairs made to the pre-existing
damages.
Carroll Oliver, Executive Director of the Chamber of
Commerce indicated that these costs were unforeseen
at the time the Buyout Agreement was approved by
the City Council. Ms. Oliver further stated that there
were no provisions in the Buyout Agreement, which
addressed the condition of the Chamber building.
Councilmember Gair feels that this loss is the
responsibility of the Chamber of Commerce.
A motion was made to deny this request for
reimbursement.
MOTION: Councilwoman Gair
SECOND: Councilman Van Cleave
Motion Carried.
COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
INTERIM CHIEF EXECUTIVE Councilwoman Gair asked that the process for filling
OFFICER POSITION the Interim Chief Executive Officer be expedited.
Councilman Pacheco suggested contacting the
League of California Cities for possible
leads/recommendations of candidates for this position.
PROPOSED COUNTY HOSPITAL Mayor Lozano stated that the County of Los Angeles,
PUENTE/MERCED in conjunction with the state, have chosen to develop
a 171-unit Hospice County USC Hospital on
Francisquito and Puente Avenue,
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1999 08 04 CC MINòw @˜ € z CC MIN AUG 4 1999[à›[H3æ8City Council Minutes-August 4,1999 Page 11
Mayor Lozano announced that he would ask to meet
with the Los Angeles Board of Supervisors and other
officials such that the interest and position of the City
of Baldwin Park is heard on this mailer.
PUBLIC APOLOGY RESTATED Mayor Pro Tern Van Cleave restated his apology to all
the members of the Baldwin Park Police Department
and Police Association.
SIDEWALK REPAIRS Mayor Pro Tern Van Cleave requested that the
sidewalks in front of Patricia's Restaurant be repaired.
DESIGN REVIEW ORDINANCE Councilwoman Gair asked that this mailer be brought
before the council during a study session meeting for
review.
MONTEREY LEADERSHIP CONFERENCE Councilwoman Gair reported on the recent Monterey
Council Leadership Conference and informed the
Council that the sessions were beneficial and
informative.
TRANSIT REQUEST FOR ADDITIONAL Mayor Lozano asked Transit Coordinator Bouton to
STOP IN FRONT OF SIERRA VISTA look into offering service by providing a bus stop for
HIGH SCHOOL the students of Sierra Vista High School.
SISTER CITY PROGRAM Mayor Lozano introduced Manuel Gonzales, who is
seeking to form a Sister City Partnership with a city
outside of the Country.
GUN CONTROL INITIATIVE Mayor Lozano requested a status report on the
proposed Gun Control initiative.
ADJOURN There being no further mailers to be discussed, the
meeting adjourned at 11:05 p.m.
Approved as presented by the City Council at their
meeting held October 6,1999.
Rosemary M. Ramirez,
Deputy City Clerk
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