HomeMy WebLinkAbout1998 08 05 CC MIN1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK
CITY HALL, 14403 EAST PACIFIC AVENUE
WEDNESDAY, AUGUST 5,1998
The City Council met in Regular Session in the
Council Chambers at 7:00 p.m.
ROLL CALL PRESENT: COUNCILMEMBERS LOZANO, MUSE,
PACHECO, VAN CLEAVE, AND MAYOR
LOWE S
ALSO PRESENT: City Attorney Olivas,
Interim Finance Director Sanchez,
Chief of Police LeGarra,
Dir. of Community Development Cervantes,
Dir. of Public Works Mousavi,
Dir. of Rec/Community Services Nunez, and
City Clerk Gair
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PRESENTATIONS
Awards of Merit were presented to the Outgoing Commissioners with warmest congratulations for
supreme performance and outstanding contributions: Daniel J. Galindo, Richard Martinez II,
Guada]upe Lozano Jr., David Muse, Sally Wieck, Rudy Escalera.
Oaths of Office for newly appointed Commissioners was given by the City Clerk: Martha Reyes,
Henrietta Moreno, Mila Alba, Angelito Perez, Irma Tarango, Kathryn Tizcareno, Conrado
Magdeleno.
Re-appointed Commissioners were introduced and thanked for being willing to serve again: Jean
Carpenter, Marlen Garcia, Dolores Holquin, Mary Ferrer, Ed Huetinck, Darlean Oclaray.
ORAL COMMUNICATIONS
Pat Chapman, Alta Loma, Owner Chapman's Appliance Warehouse, Baldwin Park, Member of
Chamber of Commerce, would appreciate the proposed budget cuts to wait till after the review on
contracts basis for job to job services. Also commented that a partnership between the City and the
Chamber is key to the success of both businesses and she believes that every one in the room wants
the best for Baldwin Park and that it takes all of us to make it happen.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 2
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Craig Bierlein, representative of SEIU, thanked all for the decision that was reached earlier today
but voiced some concern of Union membership and the way that things are being conducted in the
City of Baldwin Park at this time. It was felt that the Executive Team uses opportunity to threaten,
intimidate and basically cause disharmony amongst the employees. He suggested to please re-direct
the E-Team to sit down at the table with them and see that they will generate fresh ideas and come
up with creative ways to bring revenue into the City. Mayor Lowes agreed that she would like to
direct the E-Team to do that.
Councilmember LOZANO added that there will be no cutbacks in the specific area and that it is
very important also for us to look at it as a whole because obviously it affects the community. The
workers that would have been affected are individuals that make a major impact on the City. We
recognize that and encourage the E-Team as well as us to start a method of gathering innovative
ideas" that can be utilized to be able to promote this City and at the same time to become that much
more competitive. A consensus was taken. The council agreed and Mayor LOWES so ordered.
Richard Perez, Baldwin Park stated his anger over the islands on Vineland and how they do not stop
the speeders. He thought the City was opening themselves up for a law suit. He wanted to know
who authorized the islands.
Council Member LOZANO clarified that part of the money that was utilized to put these little
islands in was a decision that was made with the residents that live on Vineland. The money was
allocated for the specific type of design. He wanted everyone to know that these were restricted
finds for that specific project that the community or the immediate residents within that area wanted.
Mr. Ferrano, Baldwin Park, requested to know what the islands cost the City and why islands as
opposed to stop signs. Also since trying for four years and bringing a petition with over 90 signatures
two years ago) to the City for two stop signs on Big Dalton and Channing which has four schools
in the area, it hasn't been approved. Mayor LOWES stated it cost $28,545 to have the islands built]
and $29,000 to have it designed.
Shirley Holguin, Baldwin Park, asked for and received clarification from Mr. Lozano that there will
be no layoffs in the Police Department. However, she was concerned that just contemplating layoffs
made the front page of the Tribune and what were the chances that the citizens that are not law
abiding also saw that. She suggested maybe we could get something in the paper to show that we
are a city in motion that's going forward and that we are not having these layoffs so that we can
protect our officers. She was introduced to Dan Lee from the Tribune who was present at the
meeting and offered his assistance.
Dan Trunco, Baldwin Park, was very upset calling it a conflict of interest" that the island" project
was awarded to Sid Mousavi who not only is a partner in the company who built them but he is also
the Public Works Director while Bill Van Cleave cannot offer his services with his hardware store.
Also questioned was the amount paid for overtime and how much overtime was involved.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 3
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Margarita Vargas, Baldwin Park, was concerned that the helicopter" was to be taken away because
of budget cuts. She believed it was safer for Baldwin Park and surrounding cities to keep the
helicopter, worrying that speeders and others will take advantage again.
Kathryn Tizcareno, Baldwin Park, does not want to see any cuts on public safety. She asked how
the budget was being maintained at the Police Department with respect to any improvements,
additional hires, reserve forces, equipment, etc. She also wanted to know where the money was
going big bonuses, pay raises, City vehicles, etc. She suggested maybe switching our Po]ice Officers
to the 4/10 instead of the 3/12 work week. She also suggested that some law-abiding citizens are
willing to help. On another matter, she hoped the City did not plan on cutting money from the
Recreation and Park and whatever happened to the Roller] Hockey Rink the City was considering
building.
Nancy Vineza, Baldwin Park, expressed annoyance at the lack of help and programs for children in
the community, i.e., swimming, basketball, etc. She added, we should increase the money spent on
the youth of Baldwin Park because the need is so overwhelming.
Maria Ruiz, Baldwin Park, lamented that she and 47 others in her trailer park have no where to go
now because the City Inspectors told her property owner to clean up. The property owner is
threatening" to cut off their electric power and water if they don't leave. And although she cleaned
her area, the owner refuses to come around for rent so many residents have to leave now. She is
worried that the City is forgetting" her and the others in the trailer park and forcing them to live in
their cars. She wants to know what she can do. Mayor LOWES let everyone know that there was
going to be a report from our City Attorney on the trailer parks later on in the agenda.
Joseph Tizcareno, Baldwin Park, 1)stated that he feels safe with the Police Department as is, he
would not be able to tolerate cutting the force. 2)He also advised that the lighting is very bad on
Vineland where the new islands" were put in and he invited Chief LeGarra to visit during the evening
hours to see for himself the potential danger there. 3)The third concern were the pending cuts to the
Park and Recreation's budget. Saying it's safer for children to be doing constructive activity and
requested that the Police Officers get more involved with the youth in our City.
Maria Bahar, Baldwin Park, requesting help paying a fine, hoping the City has an extension
program. She was cited for having an illegal garage conversion. She was advised that the City will
definitely help her and to speak to Mark Dozmati.
Larry Walton, Baldwin Park, grateful that the community comes out to these meetings and that
public safety is the Number One item on everyone's mind. Advised that the Baldwin Park has the
lowest crime report according to the FBI reports. He was appreciative that the Councilmembers
attended the Water meetings. He strongly urged the council to keep the Helicopter, whose response
time is only 10-15 0- 5 minutes. Adding that there are alternative ways to fund the Helicopter.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 4
OF THE CITY OF BALDWIN PARK AUGUST 5,1998
Joe Cowan, Police Officer, Baldwin Park, thanked the City of Baldwin Park, the Councilmembers
and the community for their support of the Baldwin Park Police Officers Association.
Conrado Magdeleno, Baldwin Park, expressed concern over the police layoff in Parks and
Recreation area and the possible loss of the Helicopter due to budget cuts. He added that he ardently
supported the hourly change for police officers from 3/12 to 10/4.
Al Contreras, Baldwin Park, responding to the woman in the Trailer Park being threatened with
power cutoffs as a means to evict some individuals. There are rules and regulations that protect these
tenants. They can speak to the Utility companies and/or speak to members of the Council because
what the manager is doing is illegal.
Mr. Perry, Orange, also referred to the woman in the Trailer Park stating there are specific
provisions in the California City Codes that distinctly disallow any manager or owner from enforcing
any cut from any utility what so ever. Mr. Perry offered to supply the specific City Code.
Anna Flores, speaking for Mr. Flores of Belgate Street, a resident who bought a house and found
out there was a rented septic tank with a pipe going out to the street. He submitted a petition over
a year ago to see if the city would lay a pipe and redo the street. He would like to know the status
of his petition. The Mayor responded that it was open on the agenda for comment or input later
tonight, and we will be making a decision and report on it.
Raul Martinez, Baldwin Park, very satisfied that public safety has been improved. Stressed strongly
the need to continue the services provided by the jail. Although the City has not made money off it,
as was originally thought, it is extremely important not to cut these services. Also the Parks and Recs
with Mr. Nunez has done tremendous work in finding creative ways to fund programs like the
successful concert program. We need more input from employees; they have many good ideas and
are eager to be part of the solution.
Edward Chavez, field rep. for State Assemblyman Martin Gallegos, announced that Saturday
between 10:00 and 3:00 they are holding their Annual Health Fair free of charge, no appointments,
public welcome. Along with all the regular Fair activities they will be offering sports physicals and
glucose screening, etc.
Jesse Flavin, Baldwin Park, asking how the City allocates money, i.e., the run-off for the re-election
of Ricardo Pacheco. The City is to blame because they wanted the election. Second, he felt the city
took money from one project All American City" and put it into another which he thought was
wrong and he didn't see any benefit from the project. Also, requested why we can't have high budget
assistance for Police Officers instead of only low budget assistance like the City of Los Angeles.
Roy Test, Baldwin Park, wanted to alert people about the huge" speed bump approx. 6" H x 20'
L)just North of the Vineland Ave. School. Going 25 mph it will be a serious object to overcome.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 5
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
David Lipin was introduced and welcomed as the new SGV Tribune reporter.
Councilmember PACHECO stated that he would like to see more positive articles from the Tribune
i.e., Sports Activity) rather than all the negative ones.
There were no other speakers, Mayor LOWES declared Oral Communications closed.
00-
CONSENT CALENDAR
Mayor LOWES pulled Item #3 from the Consent Calendar for further discussion.
1. Approval of Certificate of Posting for July 20, 1998 and August 5, 1998
2. Approve Minutes:
Regular Meeting: July 15, 1998
Adjourned Meeting: July 13, 1998 and July 20, 1998
Study Session: July 15, 1998
4. Waive Further Reading and Adopt
RESOLUTION NO. 98-62 AUTHORIZING EXAMINATION OF SALES AND
USE TAX DESIGNATING CERTAIN CITY
POSITIONS
5. Approval to Renew Agreement Police Employee Background Investigations
Okel Investigations
It was moved and seconded to approve the Consent Calendar Items 1, 2, 4 and S as presented.
M/S/C: PACHECO/LOZANO. There were no objections.
Mayor LOWES questioned Page 12 of Claims and Demands referring to the invoice for $72,313.40
from Pima Corp., the company that did the traffic calming work on Vineland Avenue that was
designed by AAE. She informed that to correct an oversight by the design company, the City crew
were at Vineland and Foster for three to five days removing and relocating two handicap ramps that
were apparently designed improperly. She requested a refund for time and materials spent by our
City crew from either AAE or Pima Corp.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 6
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Public Works Director MOUSAVI SAW advised that the design company had not been paid for this extra
work which was necessary to allow buses and trucks access to the street, which had not been
visua]ized earlier, so they should be paid the full amount. Adding that as the lowest bidder, Pima, was
awarded two projects: Vineland and the Central Park West project. Payment is for both; $49,786
for Central Park West and only $23,000 for Vineland.
Mayor LOWES read from the report in front of her says $22,527, one each construction of traffic
calming improvements along Vineland Avenue which constituted two improvements totalling
$72,313, my report does not mention anything about Central Park West.
Mr. Mousavi stated that they were the lowest bidders for the project. He added further that removal
of the comers were not part of the project originally because we did not know the school district was
on summer program and the contractors did not get paid for the removals, just for the modification
of the curbs. The decision was made by Mr. Mousavi to get it done quickly. The Contractors could
not get it done as quickly as the City crew. Mayor LOWES reiterated that it was only because of
the poor planning and design that the City crew had to do the work, not for any other reason. We
would like to know what job the City crew was pulled off of to do this extra work.
Councilmember PACHECO asked Mr. Mousavi if he was saying that our crew did the design
change instead of one of the contractors. Mr. Mousavi answered that we would have had to pay
consultants for a redesign. We did not pay for any. It wasn't a redesign, it was modification of the
curbs.
Councilmember VAN CLEAVE noticed some forms being removed and the area being cleaned up
by the City crew using the City trucks. He queried why the hired contractor wasn't doing the work.
He added he was concerned about how often we use the City crew with Mr. Mousavi's company
stating his concern over conflict of interest). Also maybe the islands should have been narrowed
more instead of cutting the curbs out and painting every curb red. I think we did a bad design, we
need to redesign it. Whatever company designed it will need to pay the piper. It's definitely a bad
design. We, the Council, approved the design on paper, but we never would have approved a design
like that had we known that trash trucks can't use the street and buses can't make turns. Is the City
supposed to keep eating these projects like this?
Mayor LOWES made a motion that we figure out what our City crew spent in time and materials
and ask for Pima Corp., or whoever caused this to have to be done by the City crews, to reimburse
our City.
M/S/C: LOWES/VAN CLEAVE Objection: PACHECO
Objection by Council Member PACHECO saying he thought they were confusing the issue and we
needed to look at it more.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 7
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Roll call vote was requested: Lowes-Yes, Van Cleave-Yes, Muse-No, Lozano-No, Pacheco-No.
Motion denied.
Mayor LOWE S stated that the next Item was on Page 38 of Claims and Demands. This Item refers
to AAE Consultant's bill of $28,545, for designs for various streets in Baldwin Park. She asked if
Sid Mousavi made the recommendation for this to be done. She felt that this was a conflict of interest
according to Government Code 1090. She read a small portion:"... Public Officers may not make
contracts in their official capacity with themselves or become interested in contracts thus made. On
principal that no person can faithfully serve two masters representing inconsistent interests She
continued to say that there are a whole lot of things in here that regard supervisors making
agreements to deal with companies in which the supervisor is interested in any way and can make
money from this contract. She added to just be assured that this is a violation of Code 1090 in her
opinion but would like our city attorney to give an opinion.
City Attorney OLIVAS said that this was not a matter he could give an opinion on the spot because
he would need to look at when the contract was entered into. He recommended continuing this item.
Mayor LOWES wanted a report on Government Code 1090 pertaining to this and to Mr. Mousavi' S
situation or maybe we can go to Sacramento and get an unbiased opinion. She approved moving the
one Item but objected paying the other one until an opinion was made.
City Attorney OLIVAS asked when the contract was signed? Mr. Mousavi answered that
payments were made prior to me joining the company. Mr. Olivas responded that these factors will
be considered when I report back to you at the next meeting. If those are the facts, there would not
be a violation, But again I would like to reserve my judgement and bring back a miller report.
Motion was made on Item #3, Pima Corp. MIS/C: MUSE/PACHECO two objections
LOWES/VAN CLEAVE
City Clerk requested a vote on the balance of the Warrants. MIS/C: LOWES/PACHECO
PUBLIC HEARING
Mayor LOWES introduced the Public Hearing pertaining to A request of the City Council for
approval of a Certificate of Public Convenience and of Public Necessity in compliance with
Section 123.02 of the Baldwin Park Municipal Code. Applicant: Ruben Saucedo, Jr., Green
Valley Taxi, 9151 Valley boulevard, Rosemead, CA 91770)
Deputy City Clerk PARKS reported that Green Valley Taxi Cab has submitted an application for
Certificate of Public Convenience & Necessity along with completing all requirements and paying all
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 8
OF THE CITY OF BALDWIN PARK AUGUST 5,1998
fees. The 8 vehicles and 9 drivers have been approved by the Police Dept., passed all background
checks and vehicle inspections. All requirements and inspections wifl be repeated on an annual basis
through the Business License Renewal Process. Green Valley Taxi Cab operates out of the City of
Rosemead and will not be opening a taxi cab stand in the City of Baldwin Park. Bell Cab, EFE
Yellow Cab, Independent Yellow Cab and Yellow Cab of San Gabriel Valley are the four taxi cab
companies currently licensed to operate in the city. After Public Hearing it is recommended that City
Council review the attached materials and if satisfied approve the Certificate of Public Convenience
and Public Necessity for Ruben Saucedo, Jr., dba Green Valley Taxi Cabs.
Mayor LOWE S opened the Public Hearing. Seeing no interest, Public Hearing was closed.
Councilmember PACHECO stated concern about the condition, like how do they look
aesthetically. Do we have that kind of info about these cabs?
Deputy City Clerk PARKS advised that actually they have to go through proper insurance,
licensing, fit the rate schedules, processing from the Police Department and fingerprints which go
through the Justice Dept. They are checked out quite thoroughly.
Councilmember MUSE questioned whether all the taxi cab companies accept the taxi cab vouchers
we issue through our transportation program. Answer, only one. It was made clear that since the
voucher program was tied to the transit program, it would be difficult for other taxi companies to
enter into a contract as such. However, it was suggested, for less confusion to residents, we try to
make the vouchers more readily available most likely at the Housing Department. The
Representative of the Taxi Co. explained their procedures. Ms. Muse requested the City Clerk to
see if there was some way we could require the Taxi Cab companies to work with our voucher
program. City Clerk Gair replied that she would have to check with the City Attorney on the
legality.
Attorney OLIVAS stated that the voucher program is tied to the rapid transit program so typically
you could not require them to do the voucher program unless you entered into a contract with them.
Transit Coordinator BOUTON explained the voucher program: If a resident called the Dial A Ride
and requests a taxi they will send a taxi out.
Mayor LOWES stated that it was recommended that Council review these attached materials and
if they are satisfied, approve this Certificate of Public Convenience and Necessity for Ruben Saucedo,
Jr., Green Valley Taxi for taxi cab services in this City.
M/S/C: PACHECO/MUSE There were no objections.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ 8REGULAR MEETING OF THE CITY COUNCIL PAGE 9
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Mayor LOWES stated that the second Public Hearing was Consideration to apply for Federal
Economic Development Initiative EDI) Grant and a Federal Section 108 Loan Guaranty
Program. This Item was canceled.
Mayor LOWES asked why? Is it coming back? She was informed that Council approved that in
March and issued a resolution for that application. She asked if we pre- approved the 108 but the EDI
was not included with that. Were we able to take advantage of that through the application? These
questions were satisfactorily answered by Community Development Director Cervantes.
JOINT PUBLIC HEARING-CITY COUNCIL/REDEVELOPMENT AGENCY
Mayor LOWES stated that the Disposition and Development Agreement for the Proposed
AutoNation project has been pulled and continued to August 19."
Motion to continue, M/S/C: PACHECO/MUSE There were no objections.
Mayor LOWES stated the next Item was Consideration of any Oral and Written Comments
and approval of Redevelopment Agency 1998-99 Proposed Budget and Loan Agreement.
Resolution No.331)"
Community Development Director CERVANTES explained this was a joint effort by the Finance
and Redevelopment Departments. The Loan Agreement was prepared because we're in the process
of doing all the reconciliation of various accounts. This is money that was actually supposed to be
paid back several months ago but we held off to look at each of the pieces. We have six different
redevelopment project areas and they each have to have separate accounts. One significant change
we found that we were receiving more money than we were supposed to. For the future we are
looking into how to deal with that excess money. Community Development Director Cervantes
explained the financial workings of each project.
Mr. Ralston complained he could not understand what Mr. Cervantes was talking about.
Seeing no further questions Mayor LOWES closed the Public Hearing.
Councilmember MUSE inquired about the advances from the City Line Item where does that
money come from and why do we do that? And, there are some Line items about repayment of City
and other advancements and it doesn't show. There was one a $10,000 repayment to the City that
actually was occurring. What is our repayment schedule for these loans?
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1998 08 05 CC MINòw @˜ ~
CC MIN AUG 5 1998Yè´YHŸ
8REGULAR MEETING OF THE CITY COUNCIL PAGE 10
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Financial Consultant BLAZENSKI reported that as for advances, what has happened is the way
the budget has been prepared in the past, which was the model used for this year, part of the cost of
administering the Redevelopment Agency comes from costs that are advanced by the General Fund.
For instance, Steve contributes probably 50% of his time to the Redevelopment Agency so we show
that as an administrative cost. In the past, the Redevelopment Agency had no money to pay this. We
have to show it as an advance from the General Fund, which tonight you'll approve the loan related
to that. The situation now is the Redevelopment Agency has adequate cash to pay this back so we
probably won't have to continue to do this. One exception is the Central Business District which
has a tremendous deficit.) Administrative costs are allocated by staff to the city, repayment to the
city. If money is available, I try to put it in the budget for repayment. If more funds are available at
the end of each year, we then make a greater repayment.
Councilmember PACHECO asked on the loan, if we were going to borrow from the General Fund.
And could Mr. Blazenski give us a specific time on how long that loan will take. Mr. Blazenski
advised he will be filing a report with the County and State on September 30. But, he added, our
records have to be in pretty good shape.
Mayor LOWES asked if the Redevelopment Agency is asking the City to loan them $225,000 for
a September payment for last year She also stated that the City has loaned the Agency money for
this every year and we never get it back. Mr. Blazenski responded that the Agency owes this City
$7 million and at this point in order to help, staff suggested the Agency pay back $1.1 million..
Mayor LOWES continued asking if this money is not paid back by the year 2000, the City doesn't
get it back? Mr. Sanchez replied that we're working our best to get $4.4 million back. Councilman
PACHECO requested putting a specific number of days on the payment portion of the Agreement.
MAYOR LOWES stated that the Agreement shows the amount of the loan to be $225,000, and it
reads: Repayment: The Agency agrees to repay any and all funds borrowed ASAP and then it goes
on to say this indebtedness is subordinate to any and all of the Agency's indebtedness. In other
words, the City gets paid last and she disapproves of this. She understands the Agency has to be in
debt in order to be successful. What would happen if Council voted no' on this Agreement tonight.
Mr. Sanchez stated that the $225,000 is money that already had been expended for the 1997-98
fiscal year. These are expenses that the General Fund has incurred on behalf of the Redevelopment
Agency. Mr. Blazenski instructed everyone that the loan was approved last year 97-98 and should
have been formalized and made time specific. In previous years there had been no documentation on
when they're due. Councilmember VAN CLEAVE asked if a time limit could be put on the $1.8
million.
Mayor LOWE S stated that the entire Council wants to direct staff into getting these loans paid back
with specific time and interest rates.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 1
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Motion was made to approve the Agency Budget and Loan Agreement of $2.5 million to be repaid
within 90 days with interest.
MIS/C: PACHECO/MUSE No objections
Motion was made to adopt the attached Resolution #331 and approve the Loan Agreement
MIS/C: MUSE/VAN CLEAVE No objections
Mayor LOWES recessed the Redevelopment Agency and reconvened to the City Council
Meeting.
Reports of Officers. Commissions and Committees
A. 1. Public Meeting Proposed Construction and Assessment Belgate Street, East of Merced
Avenue four Property Owners
Public Works Director Mousavi stated that a portion of Belgate Street between Walnut Street and
Merced Avenue exists a 20' wide private residential street which does not have a sanitary sewer main
on it. In September 1997, four residents who are utilizing septic tanks presented a petition for
installation of a sewer main line. On December 17, the City Council adopted a resolution declaring
their intentions of establishing assessing and constructing a sewer main line. Subsequently on April
15, the City Council authorized staff to obtain bids for sewer construction. At this time City Council
conducted mandatory public meetings for residents involved in the sewer assessment district. Also
scheduled for August 19, which is the next Council meeting, Council will receive public testimony
related to this matter. I need to mention the preliminary cost estimate for this project was $70,000.
However, the bids we received yesterday for the project was slightly higher than this price, therefore,
we will be contacting residents to inform them of the change and if they so choose we will have to
rebid this project as we only received two bids. If they wish to continue with the bids we have, the
dollar amount will change. At this time it is the staff's recommendation that the City Council conduct
public hearings and file their report with the City Clerk's office.
Mayor LOWE S opened the Public Meeting. Seeing no interest Mayor LOWES closed the Public
Meeting.
Mayor LOWES recommended that council conduct this Public Meeting and file this report with the
City Clerk's office.
MIS/C: LOWES/VAN CLEAVE No objections.
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1998 08 05 CC MINòw @˜ ~
CC MIN AUG 5 1998Yè´YHŸ
8REGULAR MEETING OF THE CITY COUNCIL PAGE 13
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
letter requesting if they wish to be reappointed. September 16 would allow for a better length of time
for any new applicants if residents wish to apply. It is recommended that the City Council determine
if they wish to terminate the current Housing Commissioners with the effective date of termination
to be at a September City Council meeting with appointments and reappointments to be made. This
action should be taken in the form of a motion. Councilmember PACHECO requested to move
the September date to October 1 to give applicants more time.
Councilmember PACHECO made a motion to terminate the present Housing Commissioners and
set a reappointment date in October.
MIS/C: PACHECO/MUSE
Mayor LOWES asked why they want to remove the Housing Commissioners. Councilmember
PACHECO responded that they had a number of people who wanted to serve. Re wanted to give
more people an opportunity to serve on the Commission. Councilmember MUSE examined we
appointed two recently because of an urgent need to approve the budget. It was accomplished 1
would like to give others an opportunity also. Mayor LOWES said the current people have only
been in office for 1½ years and they have been doing a good job and she didn't understand why
anyone would want to make a change. Mayor LOWES asked Tad Mimura how long it takes him
to bring the Commissioners up to speed. Housing Manager Mimura replied that from prior
experience, about two years because it is a complicated process.
Councilman PACHECO added that many applicants have Bachelor's Degrees, and Master's
Degrees. We need this type on the Commission.
Councilmember VAN CLEAVE stated he felt sorry that people get moved around without a good
reason.
Roll call vote was requested by Council as follows: PACHECO-yes, MUSE-Yes, LOZANO-yes,
VAN CLEAVE-no, LOWES-no. Motion carried.
C. 1. Discussion of Options to be considered to the Contract for Public Works Services
Council request).
City Clerk GAIR stated that this was put on the agenda at the direction of the City Attorney from
requests from Council made at the last meeting.
Mayor LOWES stated that she had several calls with suggestions for options that were very good.
Due to conflict of interest" claims, a suggestion was made that we hire a Public Works
Administrator. Not with an engineering degree, but someone to do the administrative work and
handle the department. Then a contract for an engineer to come in as needed a couple days a week
and bids would go out to companies as the jobs came up.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 14
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
C. 2. Contract for Public Works Services AAE Consultants Sid Mousavi)
Public Works Director Mousavi spoke of his long history with the City of Baldwin Park and he
gave a partial listing of his successful ideas and projects that he completed while being Public Works
Director for six years. His suggestion to reduce his hours would accomplish two imp ortant aspects;
Z It would save the City personnel costs, and 2) It would provide an opportunity for him to be
productive and grow in the private sector. He ended by offering his recommendation that should the
Council choose to retain him as Public Works Director, to please approve the Agreement he
presented to them which had already been reviewed by our City Attorney.
Councilmember PACHECO remarked that the previous contract was signed on September 9, Z 99 and for a salary of $140 per hour. This new Agreement is only asking for $71 per hour. Also,
any
items under $10,000 does not have to be approved by City Council and then anyone can bid on a job.
He finished by saying that this Contract Agreement is innovative and worth looking at.
Motion to approve the Contract
MISIC: PACHECO/MUSE Objection VAN CLEAVE
Councilmember VAN CLEAVE objected stating that he believed there was still a great conflict of
interest here since Mr. Mousavi has the ability to recommend his own company. He also objected
that it would not be easy for him to run both the City and his own business.
Councilmembers MUSE shared Councilmember Pacheco's viewpoint stating that Mr. Mousavi is
not the owner of the company and bids are awarded only after being approved by the CEO and City
Council. She added that Mr. Mousavi's record stands, he's done tremendous things for our City and
his contract is not only innovative, but it's creative and different, too.
Councilmember VAN CLEAVE said he would always wonder whether Mr. Mousavi was working
his best for the City or his own company.
Councilmember LOZANO pointed out that Mr. Mousavi had a lot to lose with a drop in salary and
a 30-day notice of termination which could come at any time. He added that Mr. Mousavi has done
a lot of good for the community and at any time he fails to meet his contractual responsibilities, then
I would be the first to remove his contract. He then brought up the fact that since both Mayor Lowes
and Councilmember Van Cleave have dealings" with the City, they are working with a double
standard. He added that we cannot allow this city to be run by individuals that have their own
agenda and that have run this city down. I will stand and defend this city.
Councilmember VAN CLEAVE responded back saying that people have free choice where they
want to shop, he hasn't forced anyone including the City to shop at his store. Then he recommended
to at least shop in town and not take your business out of town.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 15
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Mayor LOWES asked who recommended that the City Council approve this Agreement and Mr.
Mousavi answered that it was himself the Public Works Director.
City Attorney OLIVAS pointed out that the Staff Rep on of July 15 was presented by Steve
Cervantes. It would not have been appropriate for Mr. Mousavi to advise the Council in his role as
Public Works Director. Instead, the July 15 Staff Report had a recommendation that the Contract
be approved and this was coming from the Executive Team or from Mr. Cervantes. Mayor LOWES
asked if the entire E Team agreed to this recommendation. City Clerk Gair replied no, she did not
approve and Mr. Mousavi is aware of my feelings.
Mayor LOWES asked City Attorney Olivas if he studied and approved the Contract. Mr. OLIVAS
said he had and he also incorporated some points that the Mayor had requested, also some safeguards
including an additional layer. He read: For services discussed under Capital Projects portion, AAE
shall submit Proposals in response to all requests. Proposals will be evaluated by a permanent City
employee on the engineering staff and a member of the E-Team appointed by the CEO. All Capital
Projects shall be awarded by the City Council upon recommendation of the CEO." He also said he
added the Ownership of Documents clause, a Provision that states that Mr. Mousavi is the principal
and that we're entering into this contract because of Mr. Mousavi's experience with the City. He said
he also added several other provisions taken directly from that contract. He assured everyone that
it was his opinion that the Contract was proper as to form.
Councilmember VAN CLEAVE commented that since we don't have a CEO, Mr. Mousavi is the
acting CEO. So again he would be approving his own contract. Mr. Olivas advised that the E-Team
would in fact be the one recommending it. So right now there's the entire E-Team as a buffer. Of
course, Mr. Mousavi would not participate in that.
Mayor LOWES told Mr. Olivas that he did not incorporate all the ideas that she requested. She
mentioned Page 3, Item 6-"... the provisions of the revised Contract allows, in addition to AAE,
other consultants to submit proposals to the Capital Improvement Projects However, in
November 5 Contract, which the whole Council agreed to, and it's written by Mr. Mousavi and this
report requests that the City Council award the contract for engineering services to AAE Consultants
for conducting a traffic study on Vineland Avenue and to recommend traffic calming improvements
and then prepare plans and specifications for the construction of those improvements. The traffic
calming improvements are considered eligible for AB2766 and fundings for $135,000 is allocated in
the budget for this purpose. On October 13, the engineering division forwarded a request of
proposals to five consulting firms. These firms responded to our RFP and staff performed a careful
and thorough review of each of the three proposals to determine the most qualified and experienced
firm for this proposed work. Based upon the qualifications of the consultants, staff assigned to this
project their ability to perform in a timely manner and completeness of their proposals and staff
elected AAE Consultants. All Consultants were requested to submit their fee Schedules in separate
sealed envelopes. These envelopes were opened only after careful review of each proposal. The top
ranked Consultants chosen by our staff AAE permitted their fee schedule at $28,065. Then staff
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 16
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
negotiated the cost and reduced it to $24,900. It is recommended that the City Council award this
Contract to AAE Consultants. They came in at $85 less than the next highest bidder. Then she
added that this was a conflict of interest. And no consultants would answer an RFQ to the City of
Baldwin Park when bids are treated like this and we will not be getting the best prices on the work
that we contract out.
Mayor LOWES continued that on Page 1, Article 1, on the Agreement for Services It does say that
AAE will provide the public works, city engineering, developing engineering, city traffic engineering,
redevelopment engineering and capital projects, design construction, surveying and management
services. She wanted to know how many, if any, are already in our City Organizational Chart? At
which point Mr. Mousavi said that all of them are already in it. We already handled all of those.
Mayor LOWES stated that each and every job that we have should go out for bids. Also, she added
if we do all of these things, Mr. Mousavi's company would be controlling the fleet maintenance,
facilities maintenance, supervise the environmental services and transportation operation. In other
words, Mr. Mousavi will have control of our whole City. Also the Contract stated that Mr. Mousavi
will do that upon specific and separate, which means he will be paid over and above that which he's
getting paid already.
Mayor LOWES continued that on the matter of Termination on Page 5 she had requested that we
keep the same wording as before but it hadn't been done. The clause pertaining to reimbursement
stated that all expenses incurred prior to the expiration of this notice and the amount of the fees to
be paid to AAE shall be determined based upon the percentage of work completed as of the
expiration date. She queried why would] we want anyone sitting around for 30 days getting expenses
piled up possibly. She maintained that this was not a good contract. It should state the City reserves
the right to terminate the Agreements of a specific project Agreement at any time, with or without
cause upon written notice to this Consultant. Mayor Lowes read from Code 1090 which states in
part that a Contract in violation of rules that public officials must not be interested in any
contract made by them in their official capacity, etc. She continued with another one,
Finding of a Board Public Works of Los Angeles that the superintendent of street maintenance was
directly, financially and beneficially interested in public contracts. Contrary to the best interest of the
city and contrary to the charter of that
City Attorney OLIVAS stated in his opinion that the 1090 issue that the Mayor referenced would
be if Mr. Mousavi was still an employee. He added that Mr. Mousavi is here as a representative of
AAE and not as the Public Works Director. He's here to answer questions and come under intense
scrutiny. He will no longer be an employee if we approve this, therefore, he will not have an interest
in this contract. That's my opinion.
Councilmember PACHECO stated that if we look at the rates that are being paid by other
consultants, it's still extreme]y low.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 17
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Mayor LOWES proceeded saying that the insurance had not changed and we are still extending
liability and indemnity insurance to this company and she felt it was dangerous for our city to take
on the responsibility of insuring a company over and above even what our insurance covers with our
Group insurance. Another point she made was that we know nothing about this company so why
are we considering them for the biggest job in our city other than the fact that Mr. Mousavi works
for our city. She also mentioned that AAE is a small company who's only been in business apparently
since 1996. They have eight key personnel. Sid is a partner. We are providing office, computer,
phones and insurance for this company? We are setting this company up in business and it's a very
lucrative business. She did not feel that this company has the experience. She would like to wait to
make this decision until we have a CEO on Board and include that person in this decision which will
change the way our City works. Also, she would like to hire an interim Public Services Director that
has no conflict of interest and who will negotiate fees for capital works projects in a fair manner.
A Motion and Second to approve the contract and a roll call was taken: PACHECO-yes, MUSE-yes,
LOZANO-yes, VAN CLEAVE-no, LOWES-no
Motion carried, contract approved.
C. 3. Presentation of Proposed Budget Amendments
Interim Finance Director SANCHEZ gave the report on the budget amendments.
Councilmember MUSE recommended that a compilation of all the recommendations that have been
made some with no dollar amount assigned) be put in one report. This would be more cohesive,
concise and would bring together all the information in light of the decision about no layoffs in the
Police or Public Works Departments. Also there was an employee survey that could possibly be
incorporated. She felt they needed to get this information pulled together so they could have a
chance to review it.
Mayor LOWE S agreed and asked if the Council wanted the vacant and frozen positions included
in this package of information. After much discussion it was the consensus that the Council would
not make a decision on the budget at this time and the Mayor requested a good time when the
Council could get the consolidated packet of information and meet to discuss it further. Another
suggestion for revenue instead of cutting jobs was to stop having a parade or start charging for the
4th of July Fire Display. A workshop with the E-Team was suggested. It was agreed that calls
would be made the next day for a time and place to discuss the budget. She still would like to see
the Redevelopment Agency put the $1.1 million back into the General Fund.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 18
OF THE CITY OF BALDWIN PARK AUGUST 5,1998
Council/Staff Requests and Communications
Mayor LOWES stated that the next Item was City Attorney's Review of State and Local Laws
Regarding Trailer Parks
City Attorney OLIVAS reported first he would give the general concepts of the law and then we
can have an open discussion about what could be done. The construction, use and occupancy of
Mobile Home Parks is regulated by the Mobile Home Park Act and that's contained in the California
Health and Safety Code. The Act applies State-wide and it supersedes the local, city or county
ordinance and severely limits the city of Baldwin Park regulatory authority. House and Safety Code
Section 18300 is the Regulatory Section. Under the Act the City's authority over Mobile Home
Parks is largely limited to establishing zoning regulations, adopting rules and regulations, prescribing
standards or lots, yards, park areas, landscaping, walls, signs, access and vehicle parking and to
prohibit certain uses for Mobile Home Parks.
Unless the City or County assumes the responsibility for enforcement of the Act, the State
Department of Housing and Community Development is charged with enforcing all of the Act's
provisions. The City has not assumed the duty of enforcing the Act. Rather it has only imposed rules
and regulations relating to the following: Our zoning code includes regulations concerning minimum
lot area, minimum yard area, minimum side area, open space parking, walls and fences. As such the
City' 5 authority over Mobile Home Parks is limited to enforcement of the above Municipal Code
Sections. That is why when Code Enforcement goes out they can only look at the common area, the
open space, some of the common structures. The enforcement of the actual violation with respect
to each of the units is delegated to and in the hands of the State.
That concludes this portion on what is generally covered under the City's authority. Perhaps Mark
can come up and discuss very briefly what exactly the State looks at. And for your information,
Linda has provided us with the Mobile Home Park inspection residential information booklet from
the State which contains many of the standards for inspection of Mobile Home units.
Code Enforcement Supervisor DOZMATI added that mostly the City's jurisdiction is from the
utilities down into the ground. Everything else is the responsibility of the actual Trailer owner that
is mandated through the State. The City has no control over what the State actually enforces. When
asked about an inspection, Mr. Dozmati advised that the initial inspection was scheduled for this past
Monday, but due to unforeseen problems, it's been rescheduled for this coming Tuesday.
City Attorney OLIVAS reported that Steve Cervantes has provided a list of several items with
respect to assistance that residents of any trailer park including the Baldy View Trailer Park can
receive.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8 REGULAR MEETING OF THE CITY
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Councilmember PACHECO assured the residents of the trailer park who were there that they had
not been forgotten and we have been working on helping them out.
Community Development Director CERVANTES said that this list basically provides general
information. We can provide listings of housing for rent. In terms of specific advice for tenants
regarding their rights and responsibilities, we can offer some training workshops from Home Savings
who has a very good workshop where they will enroll families for an 1 8 hour training course and this
helps families look at different aspects of their credit history. Another idea is our ownership program
could be focused on lower cost of ownership which would be purchasing a condo. If you find a
condo for $60,000, we have a $20,000 ownership second and that would reduce the payment to
about $400 a month. So these are some concepts we came up with.
Councilmember LOZANO advised that most of the residents were on fixed incomes some with only
$300 corning in and we don't want to raise false hopes. Councilmember PACHECO said we would
try to get this information to the trailer park residents. Councilmember MUSE agreed and also
felt that we owe it to the people who live in these trailer parks to give them as much communication
as possible to continually inform them on the status of the Conditional Use Permit or give them
information of the resources they can turn to and I think we can put some sort of plan in place soon.
Mayor LOWES requested any other Staff or Council Communications.
Councilmember MUSE reported that last night was the national night out Walk Against Crime"
She has heard of other cities that incorporate other activities to get more interest. She suggested
combining this activity along with the concerts to get more people out to bring the community
together.
Councilmember LOZANO Reported about the 5K Run this weekend which turned out to be a
grand event. He thanked all the staff members that participated. There were over 300 runners. The
event showcased our city. We had a lot of people from outside the city. So hopefully next year we'll
get out there running. Individuals in their 40's seemed to have the best time. It's amazing.
Hopefully, we can get all the Councilmembers out there.
Councilmember MUSE appealed to all Councilmembers to be more considerate to others during
the meetings. She hoped the Councilmembers would continue to behave professionally and
respectfully with one another.
Mayor LOWES complained about the disrepair of the flooring at the Park in the game area, calling
it a disaster. She requested a report on the flooring. Also the lights at night) in the Park should be
checked and replaced more often. Mr. Mousavi responded saying he was on top of the flooring
situation with the contractor who installed it. The contractor said he'd respect the warranty.
Councilmember VAN CLEAVE stated that we may have to close the building in terms of liability.
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1998 08 05 CC MINòw @˜ ~ CC MIN AUG 5 1998Yè´YHŸ8REGULAR MEETING OF THE CITY COUNCIL PAGE 20
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
Councilmember MUSE reminded the Council that a sign was promised on Baldwin Park Boulevard
to direct people to the Family Service Center and possibly one in the park. Mr. Mousavi advised
that there are several already made and they're supposed to be delivered this week. Some of the
businesses were asking for directional signs and we're talking about consideration of some fees for
the business. So a fee schedule will be brought to the Council at a later date.
Recreation/Community Services Director NUNEZ related information regarding the Southern
California Municipal Athletic Federation. He stated that this past Saturday we had 35 swimmers that
qualified from the city of Baldwin Park, 13 of them received medals, one young man broke the 50
meter Butterfly Division. On another matter we received notification yesterday from California
Healthy Cities that we will be receiving the $25,000 Grant from California Valley Foundation for our
Family Computer Training Program.
00-
Mayor Lowes adjourned the Regular Meeting of the City Council. There were no objections.
ELLEN PARKS, DEPUTY CITY CLERK
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CC MIN AUG 5 1998Yè´YHŸ
8REGULAR MEETING OF THE CITY COUNCIL PAGE 12
OF THE CITY OF BALDWIN PARK AUGUST 5, 1998
B. 1. Mayor LOWES announced the Introduction of an Ordinance Amending Specific
Sections of the Baldwin Park Municipal Code Increasing the Personnel Commission
to Five Members and changing the Name of Human Services Commission to
Recreation/Community Services Commission. Ordinance No.1133)
City Clerk GAIR reported that this staff rep on is in response to the Council's request to increase
the number of personnel positions from three to five members. On the July 15 Council meeting we
had appointments with 27 people appearing before the board. It was felt that an increase in the
Personnel Commission would allow more people to get involved. The fiscal impact of this increase
by two members would be $100 for each time the Personnel Commission would meet. The Personnel
Commission does not meet on a regular basis but on an as needed basis. Actually there are times that
we've gone a couple years, other times quite often. It's recommended that the City Council
introduce this Ordinance No.1133 an Ordinance of the City Council of the City of Baldwin Park
Amending Certain Sections of Chapter 32 of the Baldwin Park Municipal Code. The first reading
that you read in title only and all further readings be waived.
M/SIC: MUSE/PACHECO No objections
B. 2. Mayor LOWES stated that the next Item was to Terminate all Housing Commission
Offices Effective date of Termination to be at a September Council meeting when
Appointments/Reappointments will be made This action will create seven 7)
unscheduled vacancies.
City Clerk GAIR reported that this is in response to a Council request and has to do with the
interviews and increased interest in our commission appointments. Of those interviewed, 18
applicants expressed an interest in serving on the Housing Commission. None of the current Housing
Commission Offices expired in June 1998. Three of the Housing Commissioner's terms will expire
in 1999, and four in 2001. Section 3209 of the Municipal Code does allow the Council to remove
Commissioners from office with or without cause with a majority vote at a Regular or a Adjourned
or special meeting. In order to accomplish this action, the Council will need to vote on the
termination of the current Commissioners. The effective date of their termination will coincide with
appointment or the reappointment of the Housing Commissioners. The time frame for this to be
accomplished would take until the first or second meeting in September. If you terminate the current
commission this would create what is called seven unscheduled vacancies. There are certain
requirements that the Clerk's office has to accomplish. We have to advertise those positions no later
than 20 days after this meeting. Appointments can not be made until after 10 working days after that
notice appears.
If this action is taken tonight, the notice of the unscheduled vacancies can be published by August 12,
allowing for the 10 day wait to appoint would make the most timely date for the appointments to be
September 2 or September 16. September 16 will allow them time frame for notification of the
termination of the current Housing Commissioners and for them to respond to returning the City's
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