HomeMy WebLinkAbout1997 01 15 CC MIN1997 01 15 CC MINòw @˜ } Ç CC MIN JAN 15 1997â›[H[8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL,
14403 EAST PACIFIC AVENUE, WEDNESDAY,
JANUARY 15, 1997
The City Council of the City of Baldwin Park met
in regular session in the Council Chambers at
7:00 p.m.
ROLL CALL PRESENT: COUNCILMEMBERS LOWES, LOZANO,
MUSE, AND MAYOR VARGAS
ALSO PRESENT: City Attorney Olivas,
City Manager Yeats,
Acting Chief of Police Kies,
Dir. of Public Works Mousavi,
Dir. of Rec/Community Services Nunez,
City Treasurer Montenegro,
Deputy City Clerk Branek, and
City Clerk Gair
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ORAL COMMUNICATION
Mayor Vargas declared Oral Communications open and invited those wishing to speak
on any subject to come forward.
James Hunley, 1846 Delford, Duarte, his business is located at 5034 Bleecker, stated
that his truck had been impounded, and damaged by Royal Coaches. The damage to
the truck is $5200. He filed a claim with the City. He requested that Council assist him
with this matter, that Royal Coaches is responsible for the damage, and Council should
know the type of tow company that the City is using.
Marina Montenegro, 313 Park Shadow Court, requested Council remove Item No.15
from the Consent Calendar regarding the City Attorney. She asked why Rutan and
Tucker were fired and how a new law firm could be hired within 15 minutes? She stated
that she could see hiring an interim law firm, if Council had due cause, but Council should
allow the new Council the opportunity to hire the new law firm. All positions including the
Police Chief's should be frozen. Contracts awarded by this administration are not binding
to the incoming administration. She further stated that Mr. Beltran of Beltran, Leal &
Medina, secured a $1 million retainer from Bell Gardens when that firm was hired. She
asked about the specific qualifications missing from the advertisement for the Police
Chief position.
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OF THE CITY OF BALDWIN PARK JANUARY 15, 1997
Bill Van Cleave, 13232 Emery, complimented the Public Works Department on the
excellent job the City crew did picking up the trees and cleaning up the City after the wind
storm. He stated that he disagrees with Council on the selection of the City Attorney.
He further stated that he has formally filed a complaint against each Councilmember with
Attorney General Lundgren to investigate the actions of the Council.
Larry Walton, 3802 Big Dalton, stated that Mayor pro tern Muse has stated that Council
has the right to handle personnel issues. He asked to speak For the Record," Mr.
Lozano you and I spoke the night before the Special Meeting. I come before you Mr.
Lozano in regards to, I know what liable and slanderous remarks could be. I also know
the truth, you and I both know the truth. You and I spoke in regards to the attorney,
Beltran, Leal, & Medina, with regards that this is Fidel's compadre. You knew about it
and indicated to me that evening that, yes, it was personnel issues as Mrs. Muse did,
but that was all. She left it as is, personnel. You went on to say well, correct me here,
or clarify me here, and if you want to deny that's fine, but you and I both know the truth.
And if the Chief, any time, wants to take a polygraph of myself, I am more than willing
to do so. But, my concern, Mr. Lozano, is that you made a statement in regards to,
Yes I have to vote this way in regards to these attorneys, because I have been
appointed by Mr. Vargas." That concerns me, because a decision was already made
prior to that Special Meeting. You know it's the truth Manuel, and so do I, so let's put
the cards on the table.
The other thing, Councilman Lozano, concerns me is, on Christmas, at the breakfast,
that Santa was there, you indicated Councilman Lozano, that you and Mr. Vargas have
to make sure that this interim chief cannot come back on and become the chief. To me
you're going to make a decision, this Council is going to make a decision. When to
myself you have already tainted the process. You've already a judgment that this
gentleman Kies) should not be here. You've got to go out and get a Latino Chief.
Again, like I said, that would be the decision of the Council whether its Latino, Afro-
American or what ever, that would be the decision of the Council, and I would have to
agree to that, but when decisions are made prior to this, that's what concerns me as a
citizen, when decisions are made prior. I'm not saying that Mr. Vargas made this
statement, I'm not saying Mrs. Muse, or Mrs. Lowes, but Councilman Lozano you are a
leader of this community and when you make decision prior to Special Meetings, correct
me if I'm wrong here, those are tainting the process. So, I'm very alarmed with that, and
whether you deny that we that we did not speak, and we know that we did, we know what
the truth is. And, I too have been in contact, I did not file anything, but I've contacted
the Attorney General. They are very serious in this allegation which you have made to
present, and you may say what you want to say, but I know the truth, and I will ask for
your record and statement later tonight from you when you do want to give it. But, I am
very alarmed, Councilman Lozano, when you have already made a decision and this
was a Special Meeting and nobody should have made the decision. And because Mr.
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OF THE CITY OF BALDWIN PARK JANUARY 15,1997
Vargas appointed you, you should not have that pressure. You should have the
pressure of making an independent decision on your own, not because someone
appointed you, and I believe that's wrong. I don't care what you want to say, it's wrong,
it's an injustice. I don't know the law firm, they might be able to do a great job. But
again, like the Mayor says it's not a racial issue. I mean he just took an attorney and law
firm that was American law firm and brought in a Hispanic, no racial issue there. He
brought a more qualified law firm, that's what he has indicated, and he has that right to
do so. But, you don't have the right to make a decision and say and utilize his name
because I don't know if the Mayor said that. And if he has and if he is part of it, I think
the decision of this Chief or any decision made by this Council should wait until the
election. And behold, because the process has been tainted. I can not ask the Mayor
tonight if he has done that, because he did not say it himself. And the bottom line is I'm
very concerned. Thank you very much.
Sally Wiock, 4130 N. Cutler, requested that Item No.4 be removed that denied her
claim. She stated that she has written a second letter explaining what happened. The
letter of denial from Colen and Lee has misinterpreted on how her accident occurred.
Nathan Esparza, 4326 Maine Ave, complimented the Police Department on their
response and attitude at an incident near his home. He stated that Council tried to follow
the Brown Act, but the thing forgotten was one, the handicapped and two, the non-
English speakers. These people were not given the opportunity to speak at this meeting,
because no provisions were made for them. How can this meeting be legal when Council
did not follow the letter of the law?
Sarah Wieck, 4130 N. Cutler, stated that Council is wrong pertaining to Measures A and
B, that she is 14 years old, and not old enough to vote. She further stated that
Measures A and B would take that right away from her.
Raul Reyes, 3162 Athol St., wanted it made it part of the public record that he is tired
of the manipulation by certain Councilmembers, as far as decisions being made regarding
personnel decisions and also appointments. It really appears that thangs are being
manipulated so that it comes out to what ever some want it. You're using the City the
laws and basically hiring and firing who you please and who you want. He gave
examples of past appointments and the inequity of him being past over for appointment.
He felt this was not healthy for the City.
Johnny Gonzales, 3819 N. Monterey Ave., requested that the Mayor call him and feel
free to come over to talk to him. He stated that the Mayor has not proven himself, the
people know that he is returning to school, and wish him well. He does not believe in
a dictatorship, and he knows that the Mayor will be back. He also stated that in the
Mayor's absence, he hopes that the people will get rid of some of his puppets. The
people lose respect for the Councilmembers that sit there and do not say anything.
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OF THE CITY OF BALDWIN PARK JANUARY 15,1997
Richard Tatum, 4650 Edra, stated that Council has stated they want to entice new
business to the City. All the City has is fast food restaurants and coffee shops, there is
not any good place to get a good meal in the City. He asked Council to try to attract
some decent restaurants.
There being no other speakers, Mayor Vargas declared Oral Communications closed.
00-
Public Works Director Mousavi introduced new employee, Planning Technician
Eduardo Schonborn, and told of his education and background.
Eduardo Schonborn, publicly thanked Mr. Mousavi, Mr. Larry Onaga, and Amy Harbin
for making him feel very welcome here. He appreciates the opportunity and the
challenges that City Council, the Planning Commission, and the public have for him.
00-
CONSENT CALENDAR
The Consent Calendar consisted of the following:
1. Approval of Certificate of Posting for January 15,1997
2. Approve Minutes:
Regular Meeting December 4,1996
Special Meeting December 31,1996
Adjourned Meeting December 6,1996
Study Session December 4,1996
3. Waive Further Reading and Adopt
RESOLUTION NO.97-i ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
4. Deny Claim Against The City
Ruby Sally) Wieck
5. Receive and File Treasurer's Report
December31, 1996
6. Approve Memorandum of Understanding Participation in Metropolitan
Transportation Authority MTA) Proposition A Quarterly Incentive Grant
Program
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1997 01 15 CC MINòw @˜ } Ç CC MIN JAN 15 1997â›[H[8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 5
OF THE CITY OF BALDWIN PARK JANUARY 15,1997
7. Approve Award of Contract Baldwin Park Boulevard Storm Drain CIP
625 5. J. Burkhardt, Inc.
8. Approve Award of Contract Baldwin Park Boulevard Street
Reconstruction Francisquito Avenue to Merced Avenue CIP 604
Sully-Miller Contracting
9. Approve Award of Contract Accordion Folding Partitions Senior
Citizen Center Partition Specialties, Inc.
10. Approve Award of Contract 1996-97 CDBG Olive Street Storm Drain
Project CIP 616 Steve Bubalo Construction
11. Approve Budget Amendment Transit Program Paratransit & Taxi
Program
12. Approve Award of Contract Design Services Street Lights in Area A
Major Thoroughfares Katz, Okitsu and Associates
13. Approve Appropriation of Asset Forfeiture Funds Purchase Two Taser
Weapons
14. Approve Facilities Agreement Syhre Park Bassett Little League
15. Approve Agreement for City Attorney Beltran, Lea and Medina Law
Offices David J. Olivas, City Attorney
Mayor Vargas removed Consent Calendar Item No.4 for continuance due to the
information provided.
Councilmember Lowes requested Consent Calendar No.15 for separate consideration.
It was moved and seconded to approve Consent Calendar Items 1-3 & 5-14. MIS/C:
LOWES/LOZANO. There were no objections.
Councilmember Lowes stated that she is opposed to Item No.15 for the agreement with
Beltran, Leal, & Medina for City Attorney. Several people spoke during Oral
Communications in opposition to approval of the agreement. She further stated that she
agreed, that this decision should not be made at this time. Rutan & Tucker, Mr. Rob
Bower as City Attorney, did a fine job, did not loose a law suit in 5 years, they helped
get out of the hotel litigation, they did not raise their fees in 5 years, and there were no
complaints. Yet, a decision was made to get rid of them and hire the new firm of
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OF THE CITY OF BALDWIN PARK JANUARY 15,1997
Beltran, Leal & Medina. She stated that she does not welcome the new attorney or the
law firm. She felt that it would be better to wait until after the election and to select a law
firm after receiving applications.
It was moved and seconded to approve Item No.15. MIS/C: MUSE/LOZANO.
Councilmember Lowes opposed.
Mayor Vargas welcomed City Attorney David Olivas and the firm of Beltran, Lea &
Medina.
It was moved and seconded to continue Item No.4. MIS/C: MUSE/LOZANO. There
were no objections.
00-
PUBLIC HEARING
Mayor Vargas stated that a request was received by City Staff to continue Public Hearing
No.1, No.3 and discussion for No.5 for changing or amending the ordinance. A brief
staff report will be given and the Public Hearing will be closed and continued.
Mayor Vargas introduced the Public Hearing pertaining to An Appeal of the Planning
Commission's decision denying a conditional use permit for the off-site sales of
beer and wine pursuant to Section 153.502; Owner: Uruapan Carniceria, Jose Luis
Padilla; Property Location: 3723 Baldwin Park Boulevard, Case No: CP-554)."
He stated that a request was received by City Staff to continue this Public Hearing to
Februays, 1997.
Assistant Planner Harbin stated that the applicant is appealing the decision of the
Planning Commission for the oft-site sale of beer and wine in conjunction with a mini-
market within the C-2 zone. One reason for the denial is the Census Tract where the
ratio of off-site outlets is over concentrated. Currently, the Census Tract has 11 outlets,
whereas the ABC allows 9 off-site sales outlets. The Police Department opposes the
request due to historical and current problems in the area including narcotics,
intoxication and disputes. The Police believe that the design of the center allows for
violators to conceal their behavior behind buildings and alcoves and are of the opinion
that approval of this request will require additional Police services. Staff received word
late this afternoon that the applicant would be unable to attend this meeting and
requested an continuance. Staff recommended that Council open the public hearing,
receive public testimony, and continue the public hearing to the February 5th Council
meeting.
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OF THE CITY OF BALDWIN PARK JANUARY 15,1997
Mayor Vargas declared the Public Hearing open and invited those wishing to speak
pertaining to the appeal of CP-554 to come forward. There were none.
It was moved and seconded to continue the Public Hearing pertaining to CP-554 to
February 5th. MIS/C: LOWES/MUSE. There were no objections.
Mayor Vargas introduced the Public Hearing pertaining to Consideration for the
Proposed Expenditures of Grant Funds Awarded by the U.S. Department of Justice for
the Local Law Enforcement Block Grant Program to the City of Baldwin Park Police
Department," continued to February 5,1997.
Mayor Vargas introduced the Public Hearing pertaining to Consideration of Amending
Section 153.520, Billiard and Pool Hall Regulations of the Baldwin Park Municipal
Code Applicant: City of Baldwin Park; Case No: AZC-139)."
City Planner Onaga stated that the current ordinance contains two provisions which are
unacceptable to one of the City's existing billiard halls Global Family Billiards). Those
provisions are the 5 foot minimum separation between tables, and the prohibition against
smoking. Global Billiards opened prior to the enactment of the new regulations, and
therefore is considered a nonconforming use" under the new ordinance. Global
Billiards modified its CUP on August 28,1996 to include expanded hours of operation,
and agreed to comply with the new regulations. The owners claim it is too costly to
move their tables six inches from 4'-6") to comply with the 5,-0" minimum table
separation. Moving the tables would require the light fixtures to be moved over the
center of the tables. The owners claim that the survival of their business requires the
elimination of the no smoking provision of the Code. The Planning Commission voted
to recommend that the Council deny the proposed amendments. The Commissioners
felt that the ban on smoking was reasonable for billiard facilities that allow minors. For
billiard halls that prohibit minors, the Commissioners felt that a variance could be
considered to allow smoking. With respect to the 5'- 0" table separation issue, the
Commission felt that relief of up to 6 inches from this standard could be granted
administratively. It was recommended that Council: open the public hearing, receive
public testimony, and continue the public hearing to the February 5th Council meeting.
Mayor Vargas declared the Public Hearing open and invited those wishing to speak
pertaining to AZC-139 to come forward.
Bill Van Cleave, 13232 Emery, stated that Council promised that the new ordinance
that was recently passed would not affect the pool hall owners that are already in
operation. He felt that Global Billiards is being harassed, with the expense to move
tables, and pull permits. He stated that he is against smoking, but it is a pool hall and
families smoke. Global has installed 7 exhaust fans. He expressed his disappointment
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OF THE CITY OF BALDWIN PARK JANUARY 15,1997
in Council. The City cannot keep businesses in the City due to harassment, the City is
not business friendly.
It was moved and seconded to continue the Public Hearing pertaining to AZC-139 to
the February 5th Council meeting. MIS/C: MUSE/LOZANO. There were no objections.
In response to Mr. Bill, Mayor Vargas stated that Council has continued the item not at
Council's request, but at the request of the applicant. There is according to the
Planning Commission, there is no problem with the administrative approach to dealing
with the spacing between the tables all they have to do is follow the administrative
appeal. This Council or the Planning Commission is not opposed to that. As far as the
smoking issue, that point is mute now, there is a State law that does not allow for
smoking in an establishment like that. So, there are no real problems. He took
exception to the statement of being business friendly, Council poured in $250,000 in
grant money to revitalize the center where Mr. Bill's Hardware is located. He further
reminded him that sales tax receipts have increased in the last few years. Smaller
business are coming back to Baldwin Park. Some of the rents on units built in the
1980's were extremely high and it was cheaper to move out to another city than stay
here.
Mayor Vargas introduced the Public Hearing pertaining to a request for approval of
a modification to an existing Development Plan allowing changes to specific
storefront elevations of a proposed building pursuant to Section 153.259 of the
City's Zoning Code. The extent of the proposed changes include substituting two-
tone ceramic tile and neon accent lighting in place of stucco. Applicant: Hollywood
Entertainment; Location: 3060-D Baldwin Park Boulevard Sierra Center Project);
Case No: DR-9).
City Planner Onaga stated that an application has been submitted by Hollywood
Entertainment, on behalf of SDC Partners, to modify the elevations of the 6,526 square
foot unit which they intend to occupy. The request by Hollywood Entertainment only
involves a request to deviate from the previously approved architectural treatment. Staff
and the Planning Commission recommended that Council adopt the Negative
Declaration and approve the amendments to DR-9 subject to conditions listed in the staff
report.
Mayor Vargas declared the Public Hearing open and invited those wishing to speak
pertaining to the DR-9 to come forward. There were none.
Mayor Vargas declared the Public Hearing closed.
It was moved and seconded to approve Resolution No.97-2, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN
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OZ THE CITY OF BALDWIN PARK JANUARY 15,1997
AMENDMENT TO THE DEVELOPMENT PLAN FOR THE SIERRA CENTER CASE NO:
DR-9; APPLICANT: HOLLYWOOD ENTERTAINMENT)." MIS/C: LOWES/LM USE.
There were no objections.
Mayor Vargas introduced the Public Hearing pertaining to Consideration of Adoption
of Baldwin Park Municipal Code, Chapter 98 pertaining to Unattended Shopping
Carts.
Mayor Vargas declared the Public Hearing open and invited those wishing to speak
pertaining to the shopping carts to come forward.
Bill Van Cleave, 13232 Emery, requested more information. He asked what would
happen to the shopping carts?
In response to Mr. Bill, Mayor Vargas stated that the issue is that the State passed a
law, that in conflict with our law. Our law says we can pick the abandoned carts up,
impound them, and charge a fee to the market for getting them. The State law, the way
it reads, does not allow us to do that. Council would like to make the City law consistent
with the State law, by allowing us to do that. The State passed the law that was
supported by the Grocers Association that prevented cities from doing what we are trying
to do.
Mr. Bill stated that he agrees with the State and the grocers, that the police cannot do
any thing to the people that steal the carts, and once again it is not being business
friendly charging the businesses for picking up the carts.
It was moved and seconded to continue the Public Hearing to the February 5th
Council meeting. MIS/C: LOZANO/MUSE. There were no objections.
There being no other speakers, Mayor Vargas declared the Public Hearing closed.
Mayorvargas introduced the Public Hearing pertaining to Consideration of Amending
the Code of Ordinances and Adoption of National Pollutant Discharge Elimination
System NPDES) permits.
Director of Public Works Mousavi stated that the City of Baldwin Park is participating as
a Co-Permittee" under the NPDES permit and is required to adopt an ordinance to
accomplish the requirements of the Clean Water Act. The purpose of the ordinance is
to improve the quality of the waters in this region by reducing the level of artificial and
naturally occurring storm water-borne pollutants. The ordinance would allow the City to
participate in the general improvement of water quality and comply with federal
requirements for the control of urban pollutants in storm water runoff which enters the
network of storm drains. It was recommended to introduce the Ordinance for first
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1997 01 15 CC MINòw @˜ } Ç
CC MIN JAN 15 1997â›[H[
8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 10
OF THE CITY OF BALDWIN PARK JANUARY 15,1997
reading, that it be read in title only, and all further reading be waived.
Mayor Vargas declared the Public Hearing open and invited those wishing to speak
pertaining to the National Pollutant Discharge Elimination System NPDES) permits to
come forward. There were none.
Mayor Vargas deClared the Public Hearing closed.
It was moved and seconded to introduce Ordinance No.1121, AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN
PARK MUNICIPAL CODE TO REPLACE CHAPTER 52 STORMWATER RUNOFF"
WITH A NEW CHAPTER 52 TO INSURE COMPLIANCE WITH REGIONAL BOARD
NPDES ORDER NO.96-054 ADOPTED ON JULY 15,1996." for first reading, to be
read in title only, and all further reading be waived. MIS/C: LOWES/LOZANO. There
were no objections.
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REPORTS OF OFFICERS. COMMISSIONS. AND COMMITTEES
Director of Public Works Mousavi requested adoption of the Resolution setting a public
hearing on February 19,1997 to consider the formation of Underground Utility District
97-1 along Pacific Avenue between Bogart Avenue and the east City limits. The
undergrounding of utilities will eliminate an unusually heavy concentration of overhead
distribution facilities along the Pacific Avenue which carries a heavy volume of vehicular
traffic and pedestrians. All residents within the District boundary will receive notification
of the public hearing. It was recommended to approve the resolution.
It was moved and seconded to approve Resolution No.97-3, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, SETTING A
PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH,
SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND
UTILITY DISTRICT ALONG PACIFIC AVENUE." MIS/C: LOWES/LOZANO. There were
no objections.
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COUNCIL/STAFF REQUESTS AND COMMUNICATIONS
Mayor pro tem Muse requested: 1) People be nominated for an advisory committee for
L. A. Care, Mayor Vargas suggested working with the Home Liaison); 2) Caltrans to
place a sign on the freeway that gas, food and lodging available at the next exit, and
a sign placed off the freeway with directions to the Marriott; 3) Staff look into MPTE
additive fund in Santa Monica that has possibly leaked into the groundwater; 4) Status
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1997 01 15 CC MINòw @˜ } Ç CC MIN JAN 15 1997â›[H[8RIEGULAR MEETING OF THE CITY COUNCIL PAGE NO. 11
OF THE CITY OF BALDWIN PARK JANUARY 15,1997
report on the recruitment of reserve police officers; Chief Kies explained training of
reserve officers); 5) Directed staff to look a policy for background checks and
investigation on people that work with children.
In response to Mayor pro tern Muse, City Manager Yeats explained the wind damage,
and Los Angeles County declared an emergency and the City may recover some of the
overtime and excessive cost to the City.
Councilmember Lozano requested the information on new Vehicle Code be printed in
the NOW, especially the insurance requirements; and 2) Possibly an education or
training program for public pertaining to the insurance. He thanked staff for help with
the students from the Economic's Class that visited City Hall before Christmas. He
stated that he has invited Santa Fe School to visit City Hall on January 23rd at 9:30 a.m.
City Clerk Gair reminded Council that a filing is due by January 31st, and that FPPC
has approved Councilmembers Lowes and Lozano to consolidate their first campaign
filing with their semi-annual filing.
Mayor Vargas requested Council concurrence to look at a piece of contemporary
Mexican Art, by Mexican artist, on display in West Hollywood for the purpose of obtaining
it for the park. Councilmember Lowes objected.
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It was moved and seconded to adjourn the regular meeting at 8:25 p.m. in memory
of Manuel Rocha. MIS/C: LOWES/LOZANO There were no objections
LINDA L GAlR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLERK
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