HomeMy WebLinkAbout2001 06 06 CC MIN2001 06 06 CC MINòw @˜ ‡ 2001 06 06 CC MINZFäZHs¤2001 CC MIN 06-06-2001HnpCOUNCIL CHAMBER JUNE 6, 2001
14403 E. PACIFIC AVENUE WEDNESDAY
BALDWIN PARK, CA 91706 7:00 P.M.
The CITY COUNCIL of the City of Baldwin Park met in a REGULAR MEETING at the
above time and place.
ROLL CALL
Present: Council Members, Marlen Garcia, Ricardo Pacheco, Bill Van Cleave, Mayor Pro Tern
Linda Gair, and Mayor Manuel Lozano
Also Present: Dayle Keller, Chief Executive Officer; Arnold Alvarez-Glasman, City Attorney;
Mark Kling, Acting Chief of Police; Jose Sanchez, Finance Director; Shafique Nayier, Public
Works Director; Rick Forintos, Community Deveiopment Director; Manny Carrillo,
Recreation/Community Services Director; Kathryn Tizcareno, City Clerk; Maria A. Contreras,
City Treasurer and; Rosemary M. Ramirez, Deputy City Clerk
ANNOUNCEMENTS
Mayor Lozano introduced Baldwin Park resident Anthony Bejarano. Mr. Bejarano is the son of
Baldwin Park Unified School District Board Member Anthony Bejarano Sr. Anthony Jr. is
currently attending the University of San Diego, and is employed as an intern with the Law
Offices of Alvarez-Glasman & Colvin.
Councilmember Garcia invited everyone in attendance to the weekly Street Market held every
Tuesday between 4 p.m. and 9 p.m.
Councilmember Garcia announced the upcoming Sister Cities Association meeting to be held on
June 12, 2001, at 7:00 p.m., in the Council Chamber.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
Mayor Lozano was joined by the City Council in presenting the following:
Awards of Merit were presented to the participants of the 2000-01 Miller Brewing Company
Tools for Success" Program participants.
An Award of Merit was presented to Lance E. Quintana, Miller Brewing Company Teacher of
the Year" Scholarship Award Recipient.
Awards of Merit were presented to the Community Garden Mural participants.
Awards of Merit were presented to the Girls Soccer Team participants.
An Award of Merit was presented to Recreation & Community Services Commissioner Andrea
Carrillo, in recognition of receiving the Nestle Very Best in Youth 2001" Award.
Added Item: An Award of Merit was presented to Dr. Eduardo Lopez-Navarro for his
volunteerism and many contributions to the citizens of the City of Baldwin Park.
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PUBLIC COMMUNICATIONS
Ms. Irene Test spoke of an incident involving her vehicle, which was parked in the parking lot at
the Community Center. While parked, her vehicle was covered with debris that had been blown
onto her vehicle by the landscape contractor. Ms. Test asked that the landscape contractor be
advised of his inattention and that the work of the contractor be more closely monitored.
Mr. Randy Garcia, 14221 Olive Street, spoke regarding a complaint against his neighbors and
requested city assistance with enforcement.
Mr. Garcia also spoke about the quality of the street resurfacing work performed by Bubalo
Construction.
Raquel Con-ales, 4129 Maine Avenue, requested City Council consideration to construct Maine
Avenue as a two-lane highway.
Vicky inaudible), Maine Street business owner, asked for City Council support to make Maine
Avenue a two-lane highway.
Wen Chen, 3000 Vineland Avenue, complained about the street vendors. He requested the City
Council immediately proceed with enforcement efforts on all illegal street vendors.
Ms. Julia Garcia, 14421 Olive Street, asked questions regarding the presentation by Southern
California Edison and suggested that the community be informed on energy conservation tips
and techniques.
Conrado Magdaleno, Planning Commissioner, spoke regarding the Council's decision to
overturn the Planning Commission's decision regarding the Plaza Market Conditional Use
Permit. Mr. Conrado stated that the Planning Commission had visited the location and based on
their observations, the Planning Commission decided to place the conditions as indicated in the
Conditional Use Permit.
Mayor Pro Tern Gair acknowledged Mr. Magdalene's comments and inquired as to whether the
City Council could submit its recommendation to the Planning Commission for their input prior to
taking a final vote on a particular matter. City Attorney Alvarez-Glasman stated that at the
discretion of the City Council, a process could be implemented that would insure that the
Planning Commission is informed of the Council's recommendation. In the case of a public
hearing, the Council could receive testimony and continue the hearing for the purpose of
requesting input from the Planning Commission. This method would provide due process to the
applicant/appellant. Mayor Pro Tern Gair requested that a process be established for future
matters that come to the City Council for appeal.
ILLEGAL STREET VENDORS
Mayor Pro Tern Gair discussed the matter of illegal street vendors and the enforcement methods
currently taken. She suggested that code enforcement begin to confiscate the vendor's
goods/products and perhaps eventually this may discourage the vendors from coming back to
the City of Baldwin Park. Mayor Pro Tern Gair offered to volunteer to assist with the
enforcement.
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2001 06 06 CC MINòw @˜ ‡ 2001 06 06 CC MINZFäZHs¤2001 CC MIN 06-06-2001HnpCity Council Minutes June 6, 2001 Page 3
CONSENT CALENDAR PRESENTED
Councilmember Pacheco requested that the following item be removed from the Consent
Calendar for discussion.
1) Item 1-1 AGREEMENT FOR SERVICES PROVIDED BY ENVIRO COMMUNICATIONS
INCORPORATED
Councilmember Van Cleave requested that the following item be removed from the Consent
Calendar for discussion.
1) Item 1-F OFFICIAL BALDWIN PARK POLICE DEPARTMENT TOWING SERVICE
PROVIDERS
CONSENT CALENDAR APPROVED
A motion was made to approve Consent Calendar Items 1-A through K with the exception of
Items F & I, as presented and as follows:
MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Gair Motion Carried
MINUTES
The minutes of March 21, 2001 Regular & Study) were approved as presented.
CLAIMS AND DEMANDS
Further reading was waived, read by title only and Resolution No. 2001-055 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.
Councilman Bill Van Cleave abstained on all warrants to Mr. Bills Hardware financial conflict of
interest).
RESOLUTIONS APPROVING ENGINEER'S REPORT FOR CITYWIDE LANDSCAPE AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FY 2001-02 AND SETTING A
PUBLIC HEARING FOR JULYS, 2001
City Council adopted Resolution No. 2001-050 entitled, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ENGINEER'S
REPORT FOR STREET LANDSCAPING AND LIGHTING MAINTENANCE IN A
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF
BALDWIN PARK;" and Resolution No. 2001-051 entitled, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION TO
ORDER THE ANNUAL ASSESSMENT LEVY AND COLLECT ASSESSMENTS FOR CERTAIN
IMPROVEMENTS AND MAINTENANCE PURSUANT TO THE PROVISIONS OF DIVISION 15,
PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND
SETTING A TIME AND PLACE FOR A PUBLIC HEARING."
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2001 06 06 CC MINòw @˜ ‡ 2001 06 06 CC MINZFäZHs¤2001 CC MIN 06-06-2001HnpCity Council Minutes June 6, 2001 Page 4
RESOLUTIONS APPROVING ENGINEER'S REPORT FOR CITYWIDE PARK MAINTENANCE
ASSESSMENT DISTRICT FOR FY 2001-02 AND SETTING A PUBLIC HEARING FOR JULY
3, 2001
City Council adopted Resolution No. 2001-052 entitled, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA APPROVING THE ENGINEER'S
REPORT FOR STREET PARK MAINTENANCE IN A CITYWIDE PARK MAINTENANCE
ASSESSMENT DISTRICT IN THE CITY OF BALDWIN PARK;" and Resolution No. 2001-053
entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE ASSESSMENT LEVY AND
COLLECT ASSESSMENTS FOR CERTAIN IMPROVEMENTS AND MAINTENANCE
PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND
HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND SETTING A TIME AND PLACE
FOR A PUBLIC HEARING."
APPROPRIATION OF OFFICE OF TRAFFIC SAFETY OTS) GRANT FUNDS APPROVED
City Council approved and appropriated grant funds in the amount of $57,437 for the remainder
of FY 2000-01; Approved and appropriated remaining grant funds in the amount of $77,014 for
FY 2001-02 and appropriated $35,375 for Fiscal Year 2002-03. Staff was authorized to proceed
with the purchase of requested equipment.
CLAIM REJECTIONS
City Council rejected the claims of Jaime Martinez 00 020A) and Eustolia Ureta 00 013A) and
directed staff to send the appropriate rejection letters to claimants.
DAVID WELLHOUSE AGREEMENT FOR STATE MANDATED COST CLAIMING SERVICES
City Council approved an Agreement with David Wellhouse in the amount of $3000 for the
purpose of preparing the City's State Mandated Cost Claims and authorized the Mayor to
execute the Agreement.
SECOND READING OF ORDINANCE 1178 ADOPTING AN AMENDMENT TO SECTIONS
153.387 AND 153.397 OF THE ZONING CODE RELATIVE TO THE POSTING OF ILLEGAL
SIGNS WITHIN THE PUBLIC RIGHT OF WAY, DECLARING SAID POSTINGS A PUBLIC
NUISANCE AND PROVIDING FOR COST RECOVERY THEREOF, CASE NO. AZC-144
Further reading was waived, read by title only and Ordinance No. 1178, entitled AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING
MODIFICATIONS TO THE CITY MUNICIPAL CODE SECTIONS 153.387 RELATING TO
PROHIBITING SIGNAGE, DECLARING ILLEGAL SIGNS A PUBLIC NUISANCE AND
ESTABLISHING PENALTIES FOR THE POSTING OF ILLEGAL SIGNS," was adopted on
second reading.
APPROVAL OF THE RENEWAL OF THE GENERAL SERVICES AGREEMENT WITH LOS
ANGELES COUNTY
City Council approved a five-year renewal of the General Services Agreement with the County of
Los Angeles.
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CONSENT CALENDAR ITEMS REMOVED FOR DISCUSSION
OFFICIAL BALDWIN PARK POLICE DEPARTMENT TOWING SERVICE PROVIDERS Carry
over item from March 7, 2001)
Councilmember Van Cleave is objecting to this approval and requested that a vote be taken on
this matter.
Upon question from Mayor Pro Tern Gair City Attorney Alvarez-Glasman stated that Resolution
No. 2001-006 is for the purpose of designating the official police tow service providers and to
authorize the city to enter into separate Franchise Agreements with each official police tow
service provider. Resolution 2001-007 establishes the franchise fees for those tow services.
Councilmember Van Cleave requested that these items be voted on separately.
A motion was made to adopt Resolution No. 2001-006 entitled, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DESIGNATING OFFICIAL
POLICE TOW SERVICE PROVIDERS AND AUTHORIZING THE CITY TO ENTER INTO
SEPARATE FRANCHISE AGREEMENTS WITH EACH OFFICIAL POLICE TOW SERVICE
PROVIDER, PURSUANT TO BALDWIN PARK MUNICIPAL CODE CHAPTER 100."
MOTION: Councilmember Garcia SECOND: Councilmember Pacheco Motion Carried)
NOES: Councilmember Van Cleave
A motion was made to adopt Resolution No. 2001-007 entitled, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ESTABLISHING THE
AMOUNT OF THE FRANCHISE FEE FOR OFFICIAL POLICE TOW SERVICES, PURSUANT
TO BALDWIN PARK MUNICIPAL CODE SECTION 100.085."
MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Gair Motion Carried)
AGREEMENT FOR SERVICES PROVIDED BY ENVIRO COMMUNICATIONS,
INCORPORATED
Councilmember Pacheco stated that there are other companies that should be considered for
this type of contract and requested that this matter be tabled to a later date.
A motion was made to table this matter to an unspecified date in the future.
MOTION: Councilmember Pacheco SECOND: Councilmember Van Cleave Motion Carried
PUBLIC HEARING
PUBLIC HEARING RELATING TO THE BALDWIN AVENUE IMPROVEMENT ASSESSMENT
DISTRICT 2000-01 AND AWARD CONTRACT FOR THE CONSTRUCTION OF CIP 870
Continued from May 16, 2001)
Director Nayier requested that the City Council confirm the tabulation of the ballots and adopt
the resolutions as necessary to proceed with this project.
City Attorney Alvarez-Glasman stated that this matter was before the City Council at the last
meeting. At that meeting, there were questions raised by the City Council. Those issues that
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were raised by the City Council have been addressed. The amounts that were in question at the
last meeting have been adjusted in accordance with the appropriate economics of this
improvement district. The residents have received a subsequent report. There have been no
additional ballots that have been received by the City. At this time, it would be appropriate to
open the matter for public hearing.
Mayor Lozano declared the public OPEN for public participation.
Michael Adamo, 14601 Baldwin Avenue, stated that he had no complaints and the adjusted
amount of the assessment is acceptable. He thanked the City Council and Engineering
Manager Idnani for their diligence and efforts towards resolving this matter. Mr. Adamo further
stated that it is his understanding that upon completion of the improvements, Baldwin Avenue
could become a public street. He reminded the Council that Baldwin Avenue is a dead-end
street and does not feel it is an appropriate public street throughway.
Ms. Jodean Bollerman, 14526 Baldwin Avenue, stated that she owns three properties along
Baldwin Avenue. In response to Ms. Boiler-man's inquiry regarding receiving a discount for
multiple property ownership, City Attorney Alvarez-Glasman stated that the manner in which
these types of assessment districts are created are based upon the linear feet which is being
improved. The obvious dilemma of allowing any individual to bring in their own contractor or to
do their own work will lack in continuity between one contractor to the other. The law does allow
for these types of districts to be created for the improvements that are being sought. These
assessments are based on how much property each individual owns. He further stated that the
City is already contributing a significant of the improvement costs to the project, and by doing
this; the City is already enhancing individual properties at a reduced rate in comparison to the
costs that someone would incur otherwise. In response to Ms. Bollerman's inquiry, Director
Nayier stated that the project, as designed, allows no room for Ms. Bollerman to keep her ivy in
front of her home.
Mr. Randy Garcia, 14221 Olive Street, asked the Council to consider Ms. Bollerman's request to
keep her ivy in front of her home. He cited other areas within the city, which have been
designed to accommodate these types of requests.
There was no one else wishing to speak, therefore Mayor Lozano declared the public hearing
CLOSED.
A motion was made to waive further reading, read by title only and adopt Resolution No. 2001-
042 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ORDERING CHANGES AND MODIFICATIONS TO THE BALDWIN AVENUE ASSESSMENT
DISTRICT NO. 2000-01;" and, 2) Waive further reading, read by title only and adopt Resolution
No. 2000-043 entitled, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK CALIFORNIA ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT,
ORDERING THE WORK AND ACQUISITIONS AND DIRECTING ACTIONS WITH RESPECT
THERETO;" and 3) Award the contract to Gentry Brothers, Inc., in the amount of $147,063.25;
and 4) Authorize the Mayor to execute the Agreement; and 5) Authorize the City Engineer to
execute any necessary change orders in an amount not to exceed fifteen 15%) of the original
contract amount.
MOTION: Councilmember Garcia SECOND: Mayor Pro Tern Gair Motion Carried
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REPORTS OF OFFICERS
Page 7
MARIONETTE SAVAGE APPOINTED TO HOUSING COMMISSION TO FILL THE
UNSCHEDULED VACANCY OF OFFICE NO. 6, WITH A TERM EXPIRATION OF JUNE 30,
2003
A motion was made to appoint Marionette Savage to Office No. 6 with an unexpired term
expiration date of June 30, 2003.
MOTION: Mayor Pro Tern Gair SECOND: Councilmember Garcia Motion Carried
RESIDENTIAL WARRANTS FOR STOP AND YIELD SIGNS Continued from May 16, 2001)
A motion was made to adopt a policy to utilize the City of Los Angeles warrants for residential
areas for stop and yield controls.
MOTION: Mayor Pro Tern Gair SECOND: Councilmember Garcia Motion carried
APPROVAL OF A MULTI PURPOSE LIGHTING SYSTEM AT BARN ES PARK
A motion was made to approve and authorize staff to expend $65,000 from the Special Youth
Fund Account for the purpose of installing a Multi Purpose Lighting System at Barnes Park.
MOTION: Councilmember Pacheco SECOND: Councilmember Garcia Motion carried
COUNCIL STAFF REQUESTS AND COMMUNICATIONS
REQUEST FROM CHIEF EXECUTIVE OFFICER KELLER FOR COUNCIL DISCUSSION OF
SETTING DATES AND TIMES FOR BUDGET REVIEW WORKSHOPS
A budget workshop was scheduled to be held on Friday, June 15, 2001, at 1:00 p.m., in Room
307. There were no objections.
REQUEST FROM CHIEF EXECUTIVE OFFICER KELLER FOR COUNCIL DISCUSSION AND
CLARIFICATION OF APPOINTEES TO THE 2+2 COMMITTEE WITH THE BALDWIN PARK
UNIFIED SCHOOL DISTRICT
Mayor Lozano requested that staff contact Kathleen Gair, Action Learning Systems, to discuss
the possible services available to the City. Chief Executive Officer Keller stated that since this
matter could possibly involve both the City and School Board, she suggested that this matter be
discussed at an upcoming 2+2 meeting. There were no objections.
Chief Executive Officer Keller reported that staff is working on scheduling a date to meet with the
School Board Representatives. Secretary Thompson will contact the representatives to advise of
the scheduled meeting date. Chief Executive Officer Keller confirmed that Councilmembers
Garcia and Van Cleave are the appointed representatives of the 2+2 Committee.
LETTER OF SUPPORT- FOOTHILL TRANSIT FUNDING REQUEST CAL POLY TRANSIT)
Councilmember Garcia requested that the City Council send a letter of support to Foothill Transit
in support of their funding request with regard to the Cal Poly Campus service. There were no
objections.
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REPORT ON RECENTLY ATTENDED LEGISLATIVE MEETING
Mayor Pro Tern Gair reported on the recently attended legislative meeting in Sacramento, stating
that over 200 city representatives were present to meet with legislators. One item to track is an
amendment to the Brown Act, which would require that all property negotiations be placed on the
open session agenda. Another item that the Council is requested to track is SB910 regarding the
Housing Element and the potential loss of funds a city may incur if it does not meet the required
housing element standards. Also discussed the utility crisis and the utility user taxes and how
cities are affected. Cities are encouraged to announce in the community, the 20/20 plan that
pays 20% on 20% of the amount of energy cut backs. Mayor Pro Tern Gair will distribute
information on these matters to each Councilmember. Mayor Pro Tern Gair reported that the
case was lost in Sonoma County regarding ERAF. The court declared that the state has the right
to take the monies they took and that they do not have to pay back anything they do not want to,
which now has accumulated to $4.5 Million. The League of California Cities has announced a
grassroots movement; that the city should consider becoming a participant.
STREET MARKET ADVERTISING SIGN REQUESTS
Mayor Pro Tern Gair requested that signs be placed citywide, announcing the Street Market.
STAFF ACKNOWLEDGED FOR OIL RECYCLING CONTEST
Mayor Pro Tern Gair wished to thank Supervisor Harris for another successful Oil Recycling
Contest Project.
ADJOURNMENT
There being no further items before the Council, meeting was adjourned at 8:50 p.m. to Friday,
June 15, 2001, at 1:00 p.m., in Room 307. The meeting was adjourned in the memory of Nadia
Madrigal and Raul Martinez.
Approved as presented by the City Council at its meeting held September 5, 2001.
Rosemary M.SWn^ez, CMC
Chief Deputy City Clerk
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