CC - 12-10-02MINUTES OF THE REGULAR MEETING
ROSEMEAD CITY COUNCIL
DECEMBER 10, 2002
The regular meeting of the Rosemead City Council was called to order by Mayor Bruesch at 8:04 p.m. in the
Council Chambers of the City Hall, 8838 E. Valley Boulevard, Rosemead, California.
The Pledge to the Flag was led by Mayor Bruesch
The Invocation was delivered by Youth Pastor Tim Clark of the Neighborhood Covenant Church .
ROLL CALL OF OFFICERS:
Present: Councilmembers Clark, Taylor, Imperial, Mayor Pro Tern Vasquez, and Mayor Bruesch
Absent: None
APPROVAL OF MINUTES: None
PRESENTATIONS:
Lt. Wayne Wallace, Temple Station, announced that on behalf of former City Manager Frank Tripepi,
he is distributing checks to many ofRosemead's organizations. Lt. Wallace read a statement prepared by Mr.
Tripepi in which he states that he wants to give something back to the community where he made his living
for more than half of his life. Mr. Tripepi is donating $1500 to establish a David W. March Scholarship fund
in memory of Deputy March who was tragically killed on April 29, 2002; $1000 to the Sheriff's Youth Team
for their summer camp program, and $800 for Christmas Baskets to be distributed by the Youth Team to
Rosemead's needy families; $1000 to the Rosemead Chamber of Commerce Foundation to continue their
work in improving Rosemead's business community; and, that funds will be distributed to the following
organizations: Little People Preschool, Rosemead Boys and Girls Club, Family Counseling of San Gabriel
Valley, and Shuey School PTA.
Mayor Bruesch asked Lt. Wallace to convey their thanks to Mr. Tripepi, and commended the Sheriff's
Department for their recent quick response in finding a lost child's parents.
Councilmember Clark also thanked Mr. Tripepi for his generosity. Mrs. Clark stated that the killer of
Deputy March is still at large in Mexico. Mrs. Clark explained that Mexico will not extradite a prisoner of
theirs if the United States is asking for the death penalty. As of last October, Mexico will not extradite for
life-imprisonment either. Mrs. Clark continued that she and Mayor Pro Tern Vasquez have worked on this
issue by calling on Congress and the President to renegotiate our treaty with Mexico. Mrs. Clark stated that
they were able to persuade the National League of Cities to unanimously approve a Resolution calling for a
renegotiation of that treaty, the California League of Cities approved a similar resolution a few months ago,
and that the Attorney Generals of our 50 states have asked for this also.
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1. ORAL COMMUNICATIONS FROM THE AUDIENCE - None
H. PUBLIC HEARINGS - None
M. LEGISLATIVE
A. RESOLUTION NO. 2002-55 - CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 2002-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING
CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $$679,360.82 NUMBERED 39848
THROUGH 40014
Mayor Bruesch requested a memo on Check No. 39987 to Don Bosco Technical in the amount of
$3560. Mr. Bruesch also asked about Check No. 39959 to Fingerprint America in the amount of $4675. Mr.
Bruesch was under the impression that the State Senator's office was going to provide these kits.
Bill Crowe, City Manager, replied that when the local schools contacted the Senator's office, the
quantities were not sufficient to be able to support their numbers. Mr. Crowe continued that Lt. Wallace was
able to purchase child identification kits through a law enforcement block grant with the federal government.
Those kits have been distributed to all schools and the City's preschools through the STAR Team.
Councilman Taylor asked about Check No. 39960 to the General Pump Company in the amount of
$11,802.15 for Water Quality Project. .
Don Wagner, Assistant City Manager, responded that it was a Block Grant Program for Adams Ranch
Mutual Water Company project to clean up their contaminated wells of volatile organic compounds and
nitrates.
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMEMBER CLARK that the
Council adopt Resolution No. 2002-55. Vote resulted:
Yes:
-Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
B. RESOLUTION NO. 2002-56 - ADOPTING THE 2003 EDITION OF THE
"GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION i
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MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the
Council adopt Resolution No. 2002-56. Vote resulted:
Yes:
Vasquez, Taylor, Bruesch, Clark, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
IV. CONSENT CALENDAR (Items CC-A, CC-B and. CC-D were pulled for discussion purposes)
Councilmember Clark stated that she will be abstaining on Item CC-F as the project will involve the
street she lives on.
CC-C AUTHORIZATION TO ATTEND LEAGUE OF CALIFORNIA CITIES
EMPLOYEE RELATIONS INSTITUTE, JANUARY 30-31,2003,
MONTEREY
CC-E ACCEPTANCE OF WORK FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE
INTERSECTION OF HELLMAN AND JACKSON AVENUES AND AT THE
ENTRANCE TO THE GARVEY COMMUNITY CENTER
CC-F APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SEEK
BIDS FOR STREET LIGHTING IMPROVEMENTS ON VARIOUS STREETS
CC-G ANNUAL REPORT OF THE ROSEMEAD COMMUNITY DEVELOPMENT
COMMISSION FOR FISCAL YEAR 2001-2002
MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the
Council approve the aforementioned items on the Consent Calendar. Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Vasquez
No:
None
Absent:
None
Abstain:
Clark
Councilmember Clark abstained on Item CC-F
The Mayor declared said motion duly carried and so ordered.
CC-A LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND THE LAW FIRM OF
GOLDSTEIN, KENNEDY AND PETITO FOR REPRESENTATION IN FARINELLA
V. CITY OF ROSEMEAD I
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Councilman Taylor asked if there was a dollar amount on this case.
Bill Crowe, City Manager, responded that there was not. However, there was an opened-ended
amount that refers to "other things".
Robert Kress, City Attorney, stated that there was a public record claim made prior to initiation of this
lawsuit in the amount of $15,000.
MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the
Council approve the agreement between the City of Rosemead and the law firm of Goldstein, Kennedy &
Petito. Vote resulted:
Yes:
Imperial, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
Taylor
Councilman Taylor stated that he abstained because the information received is not clear on what the
amount the claimant is asking for.
CC-13 LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND THE LAW FIRM OF
GOLDSTEIN, KENNEDY & PETITO FOR RETAINER SERVICES RELATING TO
PERSONNEL AND EMPLOYEE RELATIONS LAW MATTERS
Councilman Taylor asked what is the City's contract liability with CJPIA regarding lawsuits such as
the Farinella type lawsuit? Do they have an obligation to defend these lawsuits?
Robert Kress, City Attorney, replied that the Farinella lawsuit was referred to the CJPIA and they
declined coverage. Mr. Kress continued that a representative from CJPIA indicated that this type of case was
not within the scope of the Authority's protection. Mr. Kress continued that typically, employee relations
matters are not covered.
MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the
Council approve the agreement between the City and the law firm of Goldstein, Kennedy & Petito. Vote
resulted:
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
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CC-D APPROVAL OF APPLICATION FOR A TATTOO PARLOR FOR SAM AND LIZ
NEEDLE WORKS, 8966 GARVEY AVENUE, #1
Mayor Bruesch stated that with his years of involvement with anti-gang activities, the more tattoos of a
gang nature the gang members have, the more involved they will be with the gang. Mr. Bruesch asked the
owner if they will disallow the gang member from coming into their establishment to have gang tattoos put on
them.
Elizabeth Siswath, owner, stated that she and her husband are in agreement with Mayor Bruesch. They
will not allow anyone to come near their business that is negative to the community or involved with gangs.
Ms. Siswath stated that they agree with the stipulations discussed during the Administrative Hearing to not
allowing anyone under 18 years of age to get a tattoo, even with a parent's permission.
Councilman Imperial confirmed with Ms. Siswath that no one under 18 years of age is to get a tattoo;
if they are over 18 years they can ask for identification, and they will not allow any loitering near at their
establishment.
Robert Kress, City Attorney, suggested one additional condition, no tattoos of a gang oriented nature
be provided to customers.
Mr. Kress stated for the record that a memo was given to the Council indicating that Condition No. 9,
have an additional sentence stating that "no loitering shall be allowed outside the premises"; addition of a
Condition 12 stating that "Tattoo customers shall be at least 18 years of age, the owner/manager shall require a
picture identification to verify age" and Condition No. 13 - "No tattoos of a gang oriented nature be provided
to customers".
MOTION BY MAYOR PRO TEM VASQUEZ, SECOND BY COUNCILMAN IMPERIAL that the
Council grant a Tattoo Parlor license, with amended Conditions, to Sam & Liz Needle Works, 8966 E. Garvey
Avenue, #1. Vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
V. MATTERS FOR DISCUSSION AND ACTION
A. ROSEMEAD PLACE SHOPPING CENTER TRAFFIC IMPACT STUDY -
REVIEW OF RECOMMENDATIONS
Bill Crowe, City Manager, presented the staff report.
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Joanne Itagaki, Traffic Engineer, stated that at the Traffic Commission meeting of December 5, 2002,
items Ithrough 4 were approved. However, after public input there were some concerns with items 5 and 6.
Those items involve mitigation measures on Marshall between Rosemead and Hart. Ms. Itagaki continued
that the staff recommendation was to include the installation of all-way stops at Marshall and Hart, prune the
median trees and bushes, and look into the installation of a traffic signal at Marshall Avenue and Driveway C
at a later date. The Commission was concerned with Driveway C, and recommended the installation of turn
restriction signs at that driveway. Ms. Itagaki concluded that tonight the Commission is asking that the
Council approve Recommendations I through 4, but defer the installation of any traffic restrictions at
Driveway C and Marshall until all impacts are studied.
Councilman Taylor asked what are the proposed restrictions on Driveway C?
Ms. Itagaki replied that what was proposed by the Traffic Commission was to install a "Right Turn
Out" only sign, with a "No Left Turn" sign on the median nose facing the exiting traffic.
Councilman Taylor asked what the Commission's discussion was regarding "Right Turn Only" at
Driveways C and D.
Ms. Itagaki stated that there was no discussion of Driveway D, only of Driveway C. Ms. Itagki
continued that the Commission was concerned that exiting driveway C was a problem and they wanted to
eliminate that movement.
Councilman Taylor read a paragraph from a letter.written by the Sheriffs Department which states that .
there are no records of fatalities at the location in question. There have been traffic accidents at or near the
area. Mr. Taylor, read further on that the Commission is asking the Council to put up restriction signs and
painting markers on Marshall to restrict vehicles from making left turns out of the shopping center driveways.
Mr. Taylor stated that the letter clearly mentions two driveways, C and D.
Ms. Itagaki replied that that was not the intent of the Commission, they discussed just Driveway C.
Councilman Taylor continued reading from the letter which states that the Commission wants vehicles
to turn eastbound, then make a u-turn at the next break in the island to return back to Rosemead Boulevard.
Mr. Taylor stated that when the traffic study was done (February 5, 2002), the Center was only at only 40%
occupancy, or 260,000 square feet of the Center was not occupied then.
Ms. Itagaki agreed that the counts were done on February 5u . The consultant then projected the trips
associated with Target, I-Hop, etc., to arrive at the distribution of the additional trips.
Councilman Taylor stated that the traffic study indicates that when the Center is fully occupied, that it
be re-studied. Mr. Taylor asked what percentage of the Center is occupied. Mr. Taylor stated that the
shopping center was 60% vacant when the study was conducted.
Ms. Itagaki stated that when the study was conducted, they took the counts existing prior to the
February 2002 and projected the trip generations of retail uses, restaurants, etc. Ms. Itagaki continued that the
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consultant has taken the allowable uses of the center, including Target and others, and projected what those
trips would be.
Mayor Bruesch, asked the manager to the shopping center, Stacy Abajian, when the center is expected
to be fully occupied.
Stacy Abajian, manager of the Rosemead Place Shopping Center, responded that the major part of that
vacancy consists of 70,000 square feet of undeveloped office space above Target. Target alone is
approximately 200,000 square feet, which is half of the leasable space. Ms. Abajian explained that the second
floor of Target will not be developed for the next year or two. Currently they are 20% vacant, which includes
the retail spaces of the old Rite-Aid, Kragen and Pacific Bell. Ms. Abajian continued that they have two
potential national tenants for the Rite-Aid and Kragen space, and another national tenant for the corner of
Rosemead and Marshall. Ms. Abajian stressed that any closure of the driveways will force the traffic at the
current level to back up within the center. In addition, Ms. Abajian continued, they have seven or eight
national tenants such as Target, Starbucks, Supercuts, Radio Shack and Kids R Us with lease clauses which
places the landlord in default if the landlord modifies or changes any of the driveways for ingress or egress.
Councilman Taylor discussed the Traffic Commission's review of the Impact Study recommendations
to close Driveway A which exits onto Rosemead Boulevard. Closure of that driveway would force at least
200 more cars to use driveways C and D. Mr. Taylor stated that there is a concern of placing a traffic signal at
driveway C.
Ms. Abajian responded that the property management would not be opposed to a signal at that location.
At this point, Mayor Bruesch asked Holly Knapp, Traffic Commissioner, to address the Council.
Holly Knapp, Rosemead Traffic Commissioner, stated that the residents have been concerned through
the years with accidents and near accidents on Marshall. Ms. Knapp continued that the Commission opposed
a traffic signal at driveway C because it would be too close to the signal at Rosemead Boulevard. Ms. Knapp
stated that the Traffic Commission's recommendation for safety for eastbound traffic and for drivers exiting
driveway C is to paint a Right Turn Only sign on the driveway with a sign posted to the right of the road, and
post a No Left Turn sign on the median. Ms. Knapp stated exiting cars can drive to driveway D and make a
left turn there with clear visibility for eastbound and westbound traffic.
Mayor Bruesch stated that many drivers will want to make a u-turn at the driveway D median which
will result in four opposing types of traffic at that intersection. Mr. Bruesch explained drivers making u-turns
will expose themselves to potential rear-end collisions.
Ms. Knapp requested that the Council consider making a decision tonight on the recommendations on
the Right Turn Only signage in time for the Christmas traffic.
Mayor Bruesch suggested that the Council bifurcate the recommendations and approve numbers
1,2,3,4 and 6, and make a separate motion for recommendation number 5.
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Councilman Taylor stated that he opposes approval at this time as there are many unanswered
questions. Mr. Taylor stated that the Study indicates that when the center is fully leased, there will be 2,606
inbound and outbound trips per.24-hour period. Currently, with the Center being 80% full, there will be at
least 1500 more cars inbound and outbound daily, mainly exiting onto Marshall.
Mayor Bruesch asked if the majority of the trips projected are already being generated?
Ms. Itagaki explained that traffic counts were taken prior to Target coming in, they then added Target
into the analysis. The Study includes the 70,000 square feet of empty office space, Target being fully opened,
and all other leaseable spaces available as of today.
Mayor Bruesch stated that his concern again with potential accidents occurring because of drivers
making u-turns.
Councilman Imperial stated that accidents occur all over because drivers ignore marked or posted
signage, and that there are more people and cars now. Mr. Imperial stated that once the shopping center is
fully occupied, traffic counts can be retaken.
Ms. Knapp addressing Councilman Taylor's concerns with driveway C, explained that not all cars will
use that driveway. Ms. Knapp stated that driveway D goes straight into Target and most people are learning to
use it. Ms. Knapp stated the perhaps in the future, a signal and/or u-tum pocket can be considered at Hart
Avenue. Ms. Knapp continued that the neighbors are mainly concerned with more accidents due to the
increased traffic. Commissioner Knapp explained that the Commission wants to encourage the drivers to exit
the Target driveway.
Councilman Taylor stated that the Council needs to evaluate the u-turn situation further and that more
time is needed to study this issue. Councilman Taylor stated that he is not in favor of making a decision two
weeks before Christmas to mark the driveways as the residents and patrons of the center are familiar with the
entrances and exits.
Mayor Bruesch suggested that the motorcycle units be placed there during peak traffic hours from now
until the week after Christmas.
Ms. Abajian stated that there will be a definite impact to traffic safety if the Council approves a 3-way
Stop sign at Hart. Ms. Abajian stated that she is a resident of Rosemead also and her daughter attends
Savannah School. There are hundreds of children crossing the street up and down Marshall. If a driver misses
the u-turn median, they will then drive down Hart to Savannah School. Ms. Abajian continued that she is
sympathetic to the residents that live on Marshall, however, the pedestrians will be impacted because of the
backup in the center. Ms. Abajain stated that the property management hopes that there will be no closures or
modifications of any of the driveways; that they would like to see a Stop sign at the corner of Marshall and
Hart; and have the other issues studied and addressed at a later date.
Councilman Taylor stated that he agrees with Ms. Abajian. Mr. Taylor continued that installation of
the Stop signs will slow the traffic down at that portion of the center, and that the traffic count will need to be
checked again.
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At this time, Mayor Bruesch asked the Traffic Engineer to review the staff recommendations.
Ms. Itagaki read the LL&G recommendations and staff recommendations as follows: 1) A significant
impact at one end of the five study intersections is expected to occur with the addition of traffic due to the
project. This impact is expected to occur under the existing driveway configuration as well as under the
closure of the driveway A egress alternative. Incremental, but not significant impacts are forecast at the
remaining four study intersections." Staff agrees with the assessment of the traffic impacts associated with
the "fully leased" Shopping Center, based on analysis presented by LL&G; 2) The westbound approach of
Marshall Street at Rosemead Boulevard should be restriped to provide one exclusive left-turn lane, one shared
left-turn/through lane and one shared through/right-tum lane. This mitigation measure can be accommodated
in the existing roadway width. Further, a signal modification is required to provide for split phasing on
Marshall Street at Rosemead Boulevard. The recommended mitigation measure is expected to reduce the
project-related impact to less than significant levels." Staff recommendation: Based on the projected traffic
volumes for westbound left-turns on Marshall Street at Rosemead Boulevard (184 AM Peak/251 PM Peak),
staff agrees additional left-turn capacity will be needed with the "fully-leased" Shopping Center. With the
shared left-turn lane configuration, a split phasing operation on Marshall Street will be required and is also
recommended by staff; 3) Based on a comparison of the project alternatives, closure of Driveway A egress is
recommended. Driveway A should be closed in conjunction with full occupancy of the project." Staff
Recommendation: Based on conversations with the property management company of the Rosemead Place
Shopping Center, the closure of Driveway A would not be agreeable with the property management company.
The property management company has indicated to City staff that several lease agreements have options to
be released from their agreements should any changes be made to the access points of the Center. Therefore,
staff recommends this conclusion not to be feasible at this time; 4) This project is expected to provide 1,681
parking spaces which is in excess of the City Code parking requirements (1,461 spaces). However, certain
areas within the shopping center maybe deficient in parking. If a four space deficit is deemed to be
unacceptable, then area A should be reconfigured. Internal site design adjustments to promote pedestrian
connectivity between area A and areas B and D should be considered. Areas F and G are also deficient in
parking by three spaces and 46 spaces respectively. The southern-most aisle as well as 40 spaces in the
adjoining aisles of the parking structure should be marked for medical and general office use only. This
would be consistent with the current area F signs and would satisfy the City code parking requirements for the
shopping center." Staff Recommendation: This is an on-site improvement. The City agrees that connectivity
or reconfiguration or areas A, B and D should be considered. Staff also agrees with the recommendation to
mark the parking spaces in areas F and G.
Mayor Bruesch requested that number 5 be skipped as that item will be deferred.
Ms. Itagaki continued: 6) Signalization of the Marshall Street and Driveway C intersection is
recommended. The intersection should be studied again after the project is fully occupied. If any of the
traffic signal warrants are met, the intersection should be signalized." Staff Recommendation: As stated
previously, staff recommends that when the Shopping Center is "fully leased" a traffic signal warrant study be
conducted to determine if a signal is needed at that time.
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN IMPERIAL that the
Council approve recommendations number 1, 2, 3 and 6. Before vote could result, more dialogue ensued.
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Ms. Itagaki explained that two recommendations from item 5 should be included in the Motion. They
are the installation of a three-way stop control at the Marshall Street/Hart Avenue intersection as was
discussed with the property managers, and continuation of pruning of the trees and median bushes. There
being no objection, vote resulted:
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Mayor Bruesch requested a Motion for staff to work the property management of the shopping center
to determine any parking deficiencies and to develop mitigation plans to overcome those deficiencies.
MOTION BY COUNCILMAN IMPERIAL, SECOND BY MAYOR PRO TEM VASQUEZ that the
Council direct staff to work with the property management firm of the Rosemead Shopping Center to
determine parking deficiencies and to develop mitigation plans to overcome those deficiencies. Vote resulted
Yes:
Imperial, Taylor, Bruesch, Clark, Vasquez
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
Mayor Bruesch stated that many rear-end collisions are caused by vehicles exiting the 110 westbound
freeway offramp that stop or slow down to allow entering cars to pass in front of them. Mayor Bruesch asked
if there is any signage to put on the ramp stating that exiting vehicles do not have to yield right-of-way?
Councilman Taylor stated that there should be traffic accident reports available from that entire area.
Lt. Wallace stated that the offramp area falls within CalTrans jurisdiction.
Mayor Bruesch requested that staff investigate with CalTrans what type of signage can be placed there.
V. MATTERS FOR DISCUSSION AND ACTION -None
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS
Councilman Imperial reported that the Trevor lawsuit that was filed against the businesses in the San
Gabriel Valley was dismissed. Mr. Imperial stressed that everyone needs to be aware of such frivolous type
lawsuits occurring in the future.
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Mayor Bruesch explained that the law firm was sifting through Health Department records from
various cities to try and find any minor inconsistencies and then sue the businesses because of that.
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None
IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned.at 9:25 p.m. The
next regular meeting will be held on Tuesday, December 24, 2002, at 8:00 p.m.
Respectfully submitted: APPROVED:
City Jerk
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