HomeMy WebLinkAbout1996 01 17 CC MIN1996 01 17 CC MINòw @˜ { ý CC MIN JAN 17 1996è´YHG 8 REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK, CITY HALL
14403 EAST PACIFIC AVENUE, WEDNESDAY,
JANUARY 17,1996
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,
MARTINEZ, MUSE, AND MAYOR VARGAS
ALSO PRESENT: City Attorney Bower,
Dir. of Administrative Services Yeats
Chief of Police Lanza,
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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Director of Administrative Services Yeats introduced Police Chief Carmine Lanza and told
of his background and accomplishments. Mayor Vargas presented a Twenty-Five Year
Employee Pin to Chief Lanza.
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ORAL COMMUNICATIONS
Mayor Vargas declared Oral Communications open and invited those wishing to
speak on any subject to come forward.
William Van Cleave, 13232 Emery, complimented Chief Lanza on a job well done.
He stated that his daughter, Sarah took 1st place at a recent Optimist Club essay
competition and requested that she be allowed the opportunity to read her essay.
Sarah Van Cleave, 13232 Emery, read her essay entitled, Freedom Right or
Privilege." She also reminded Council that Sierra Vista High School will conduct a
blood drive on January 3Oth.
Larry Walton, 3802 Big Dalton, complimented Councilmember Lozano and Chief
Lanza on the article in the Tribune pertaining to the young boy that needs a heart
transplant.
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1996 01 17 CC MINòw @˜ { ý CC MIN JAN 17 1996è´YHG 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.2
OF THE CITY OF BALDWIN PARK JANUARY 17, 1996
He also thanked Council for their support for the Thanksgiving dinner. He questioned
the distance between the three new proposed Target Stores and could the area support
that many stores.
There being no other speakers Mayor Vargas declared Oral Communications closed.
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CONSENT CALENDAR
The Consent Calendar consisted of the following:
1. Approval of Certificate of Posting for January 17,1996
2. Approve Minutes:
Regular Meeting: January 3,1996
Adjourned Meeting: January 8,1996
Study Session: December 20,1995 and January 3,1996
3. Waive Further Reading and Adopt
RESOLUTION NO.96-3 ALLOWING CLAIMS AND DEMANDS
AGAINST THE CITY OF BALDWIN PARK
4. Deny Claims Against the City
Lucy Ahad
5. Receive and File Treasurer's Report
December 31,1995
6. Waive Further Reading and Adopt
ORDINANCE NO.1110 AMENDING ORDINANCE NO.1074
Second Reading) DESIGNATING CERTAIN CITY EMPLOYEES
TO FULFILL THE DUTIES AND FUNCTIONS
OF THE CITY MANAGER'S OFFICE
7. Waive Formal Bid Procedures and Approve Bid Demolition and Asbestos
Removal Baldwin Park Theater Maine Street American Wrecking, Inc.
B. Approve Budget Amendment AB2766 Funds Air Quality Funding
9. Approve Design and Authorization to Advertise for Bids FY 1995/96 CDBG
Street Renovation Project
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1996 01 17 CC MINòw @˜ { ý CC MIN JAN 17 1996è´YHG 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.3
OF THE CITY OF BALDWIN PARK JANUARY 17,1996
10. Waive Further Reading and Adopt
RESOLUTION NO.96-4 AMENDING RESOLUTION NO.95-77 A
CLASSIFICATION PLAN
11. Waive Further Reading and Adopt
RESOLUTION NO.96-5 AMENDING RESOLUTION NO.95-78 A
SALARY PLAN
12. Waive Further Reading and Adopt
RESOLUTION NO.96-6-APPROVAL TO SUBMIT AN APPLICATION FOR
1996/97 LOCAL GOVERNMENT USED OIL
It was moved and seconded to approve the Consent Calendar. M/S/C:
MARTINEZ/LOZANO. Mayor pro tern Martinez abstained to Item No.3 due to a possible
conflict of interest.
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PUBLIC HEARING
Mayor Vargas introduced the Public Hearing pertaining to An appeal relating to a
decision of the Planning Commission to deny Case No. CP-539 and ZV-624
relating to a request for approval of a conditional use permit to allow a pizza
restaurant with pool tables pursuant to Section 153.356Q of the City Code, and a
request for a zone variance from Section 153.358 of the City Code to allow less
than the minimum number of on-site parking stalls for a restaurant Appellant:
Jesus Medina; Location: 14326 Ramona Boulevard)."
Director of Public Works Mousavi stated that the property located at 14362 Ramona
Boulevard is developed with a two-story commercial building formerly occupied by an
appliance store. The property is approximately 3,025 square feet in lot area and
located within a commercial block on Ramona Boulevard. The plans indicate that
eight 8) pool tables are being requested, with approximately 1,134 square feet of
total floor area of the restaurant will be devoted to the billiards portion of the
business. The proposed hours of operation are 10:30 am. to 11:30 pm. on Monday
through Thursday, and 10:30 am. to 1:30 am. Friday through Sunday. Security
measures include surveillance cameras, a security guard after 6:00 p.m., and
additional exterior lighting.
The zone variance from the number of on-site parking spaces required by Code was
requested because of the fact that the rate of parking for the proposed use is higher
than the use that it is replacing, most of the business on that block utilizes the City's
parking spaces for their businesses. Staff subjected the review of this application
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1996 01 17 CC MINòw @˜ { ý CC MIN JAN 17 1996è´YHG 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.4
OF THE CITY OF BALDWIN PARK JANUARY 17,1996
which shows that this project is categorically exempt from the CEQA requirements
pictures and plans were on display).
On December 13, 1995 the Planning Commission denied the application. The
Commission did not want to approve another CUP for billiards without formally adopted
development standards for such facilities. It was Staff's belief that the proposed use can
coexist at the selected location without affecting the adjacent businesses. It was
recommended that Council consider the appeal and either: 1) approve, on appeal, CP-
539 allowing a pizza restaurant with billiards, and ZV-624, to allow less than the minimum
number of parking stalls, subject to the conditions listed in the staff report as
recommended by staff; or 2) deny, on appeal, CP-539 and ZV-624 as voted on by the
Planning Commission.
Mayor Vargas declared the Public Hearing open and invited those wishing to speak on
the appeal relating to a pizza restaurant to come forward.
John Messina, Attorney with the Law Offices of Messina, Grabhorn & Deflore, stated
that the Design Review Committee had approved the billiard/restaurant, the Palace.
They felt that it was superior to the three previous permits for billiards. It was
recommended by staff for approval, as an upscale atmosphere with no negative impact
on the surrounding businesses. It will be a family facility and will be an asset to the
community. Staff indicated that the billiard/restaurant would help revitalize the Central
Business District. The business would be operated by the Medina family, who have
been a part of the community for 22 years. The Medina family has done everything that
has been requested by staff, they have paid all the fees, and modified the plans. A
dress code will be required for the business. The Medina family appeals to Council to
reverse the Planning Commission's decision.
William Van Cleave, 13232 Emery, stated that he has a business next door to a billiard
parlor and his biggest complaint is a parking problem. The billiard parlor does require
a lot of parking as each pool player usually drives his own car. The billiard parlor has
two security guards and metal detectors, which makes the area safer. The proposed
billiard/restaurant with only 8 tables looks like a clean facility. He recommended security
for the proposed billiard/restaurant business.
There being no other speakers, Mayor Vargas declared the Public Hearing closed.
Council discussed the restriction of no smoking, no one under the age of 18 years of age
being allowed in the facility after 10:00 p.m., the times the security guards will be on
duty and the number of billiard facilities in the City.
In response to Councilmember Lozano and Councilmember Muse, Director Mousavi
stated that one of the conditions of the CUP was to upgrade the parking to the rear of
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1996 01 17 CC MINòw @˜ { ý CC MIN JAN 17 1996è´YHG 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.5
OF THE CITY OF BALDWIN PARK JANUARY 17, 1996
the building, and the rear entrance be the main entrance into the restaurant. He also
stated that the minimum requirement for security guards is from 6:00 p.m. on. He further
stated that the rear parking provides 66 spaces. Council requested security guards be
on duty from 3:00 p.m. to closing.
In response to Councilmember Muse, City Attorney Bower stated that the dress code
would have to be imposed by the business owner. The City can not impose a dress
code.
Jesus Medina, owner/operator, stated that no gang attire would be allowed and a dress
code would be posted. He further stated that Mr. Billiard's draws the local 21 years old
and older because it's a club atmosphere. Global targets more on adults that just want
to play pool. The proposed billiard/restaurant is family oriented, a place to bring the
kids, that will not have alcohol or smoking. He further stated that at the present time
there are no plans to serve alcohol and he committed to no alcohol being in the future
of the billiards/restaurant. He also explained that if teenagers come in the morning
hours they will be carded and told to leave the premises. If kids come in at 12:00
security will be hired, but if required, security will be hired from 3:00 p.m. to 10:00 p.m.
Also if required, security will be hired from 10:00 a.m. to 3:00 p.m.
In response to Mayor Vargas, Director Mousavi stated the CUP would be issued for one
year, and that all conditions would be monitored. If the conditions are not met, the CUP
will not be renewed. City Attorney Bower explained that the conditions themselves
provide that the applicant has forty 40) days to sign and six 6) months to comply with
the CUP, currently the CUP requires security from 6:00 p.m. to closing. The owner has
committed to have security from 3:00 p.m. to closing.
Councilmember Lowes stated that it is hard for a business to get started and she did not
see any need for a security guard if no one is in the establishment. She felt this was a
well planned project.
Mayor pro tern Martinez stated that the security is better left at 6:00 p.m. to closing
during the week and that security be provided on the weekend's from 3:00 p.m. to
closing with the owner knowing some adjustments may have to be made. He stated that
the applicant is committed to the community and he supports this family
restaurant/billiard facility.
Director of Public Works stated that a requirement could be added to the conditions that
require a dress code be posted, but cannot tell the applicant what type of dress code.
It was moved and seconded to approve Resolution No.96-7, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING, ON APPEAL,
A CONDITIONAL USE PERMIT ALLOWING A PIZZA RESTAURANT WITH BILLIARDS
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1996 01 17 CC MINòw @˜ { ý CC MIN JAN 17 1996è´YHG 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.6
OF THE CITY OF BALDWIN PARK JANUARY 17,1996
AND A ZONE VARIANCE TO ALLOW LESS THAN THE MINIMUM NUMBER OF
PARKING STALLS APPELLANT: JESUS MEDINA; CASE NO: CP-539 & ZV-624;
LOCATION: 14382 RAM ONA BOULEVARD," and include 1) posting of a dress code;
and 2) the main entrance be at the rear on Maine. M/S/C: MARTINEZ(LOWES. There
were no objections.
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REPORTS OF OFFICERS. COMMISSIONS, AND COMMITTEES
Chief of Police Lanza requested Council authorization for the City to enter into an
agreement with Corrections Services, Inc., for civilian privatization of the city Jail.
The City currently contracts with the City of Covina to accept our prisoners in their jail
for a $90 per prisoner fee, and the City of West Covina has agreed to accept our
overflow prisoners at an $85 per prisoner fee. Baldwin Park would be the first city in
Los Angeles County to contract with Corrections Services, Inc. CSI), although other
cities are negotiating with CSI. It appears to be cost effective and create less
inconvenience to our officers, plus allowing them to remain in the City. CSI would
staff the jail 24 hours a day, 365 days a year. CSI staff would handle the entire
booking process, monitor and attend to the needs of the prisoners, release prisoners
as appropriate, and transport prisoners to court for arraignment. CSI has projected
their annual cost to be $221,800. Start up costs will be approximately $12,700. Staff
recommended Council approval of the Agreement.
In response to Council, Chief Lanza explained that the jail has a full kitchen for frozen
or catered meals, and that staff will serve the inmates. CSI will be liable up to $3
million for each occurrence, they are responsible for reporting suicides, and that
women will be incarcerated at a different facility.
In response to Council, Mr. Bud Grossman, CSI, stated that CSI has been in business
for two years, that the City of Montebello signed a contract last evening for CSI to
operate their jail, and currently they operate the Seal Beach jail. He further explained
that the only sub-contractors that CSI would use would be for the food, and that is a
company that is approved by the State of California that prepares large quantities of
food for jails.
Councilmember Lowes requested that on page 13 of the agreement that a clause be
added that the only sub-contractors to be used would be for food.
In response to Councilmember Lowes, Chief Lanza stated that the State already
provides training for jailers through the American Correction Association and STC
Training, and that is the recruitment area for CSI.
It was moved and seconded to approve the Agreement with Corrections Services,
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1996 01 17 CC MINòw @˜ { ý CC MIN JAN 17 1996è´YHG 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.7
OF THE CITY OF BALDWIN PARK JANUARY 17,1996
Inc. to operate the City jail. M/S/C: VARGAS/LOWES. There were no objections.
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COUNCIL STAFF REQUESTS AND COMMUNICATIONS
Councilmember Muse stated that information on the Youth and Family Master Plan
has been brought before Council prior to tonight's meeting. A lot of groups have
focused on the same organizations and have data that needs to be coordinated.
Ettie Lee Homes has been asked to facilitate a community meeting with a steering
committee to focus on the needs of this community, to plan on the Year 2000. She
requested Council consensus to join as partners in the initial process with the School
District, Kaiser, the City and Ettie Lee Homes. Ettie Lee proposed to do the project in
terms of gathering the information, facilitating the first meeting at a rate of $35 per
hour, and they anticipate the fees not going over $3,500. The City's share of the bill
will be $875 to participate in this proposal. She requested Council consensus.
In response to Councilmember Lowes, Councilmember Muse stated that the $875
would be paid to Eftie Lee Homes for Youth. They propose to produce a summary of
current data regarding the status of children and families in the City and initiate a
planning process for developing the master plan, produce a summary of the data
from other agencies, research the data, and produce a series of charts and graphs.
The School District is very supportive of the process and the item should be brought
up at the next School Board Meeting. Also, in response to Councilmember Lowes,
Director of Administrative Services Yeats stated that there is unallocated block grant
funds that could be used to pay the $875.
Mayor Vargas stated that this would be a Community process not a City driven
process. This will be private industry, Ettie Lee Homes, and the School District
working together. He further stated that because it is on the agenda, a request can be
made tonight rather than placing it on the Consent Calendar at the next meeting, but
if there was Council consensus that the request for $875 would be placed on the
Consent Calendar at the next meeting. Council agreed by unanimous consent.
Councilmember Muse thanked the members in the audience that attended a tour to
the Burbank water treatment facility. St. John the Baptist Church has expressed
interest in learning more about the proposed clean up project and they have asked
the City to help them facilitate a community meeting. The meeting would be held in
St. John's Parish Hall, they requested that the meeting include Three Valleys Water.
Mayor Vargas asked that a very strong request be made to Three Valleys Water to
attend the meeting, and it needs to be done prior to the final EIR being adopted or
during the 10 day comment time. He requested that Director Mousavi call Three
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1996 01 17 CC MINòw @˜ { ý CC MIN JAN 17 1996è´YHG 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO.8
OF THE CITY OF BALDWIN PARK JANUARY 17,1996
Valleys Water and tell them there has been a request for a community meeting in
Baldwin Park, that EPA and MWD needs attend also. Council agreed by unanimous
consent.
Councilmember Muse requested Director Nunez to look at the feasibility of focusing
some of the counseling, and social services programming to the old senior center.
Council agreed by unanimous consent.
Councilmember Lowes requested that the City show support for the servicemen and
women in Bosnia. Baldwin Park High School is starting a yellow ribbon campaign,
along with letter writing, and valentines to the troupes. She requested that the police
cars display American flags, and to fly flags in the downtown area.
Mayor Vargas requested yellow ribbons be placed on all City owned vehicles
immediately. Place an article in the NOW for the citizens to fly their flags. Council
agreed by unanimous consent.
Councilmember Lozano requested the Planning Commissioners look into a moratorium
on pool halls coming into the City. He stated his concerns about the City's image.
Councilmember Lowes stated that she did not agree with placing a moratorium on pool
halls. El Monte placed a moratorium because they had a lot of problems, a lot of crime
and our City seems to have taken care of all the problems with the requirements in the
CUP's. She further stated that the reason for the CUP is if there are problems, or that
they are not in compliance, then the CUP can be revoked.
Mayor Vargas stated that he would hate to mislead any businesses, and he is
uncomfortable with three pool halls in the City. He would rather have a ore or two year
moratorium to access what these businesses will do.
City Attorney Bower stated the purpose of the moratorium is to study the situation and
come up with better standards.
Councilmember Muse stated in reviewing the report for the billiard/restaurant that the City
did extensive research and has very strict standards for pool halls.
Mayor pro tem Martinez stated that the City already has the strictest rules in the valley
and a design review committee. He wanted to know what would be accomplished? The
City has probably seen all the family billiard applications that will come in and the City
does not find alcohol acceptable in those establishments. He further stated that each
application needs to be dealt with on a case by case basis.
Mayor Vargas stated that he is willing to support taking a look at a moratorium, where
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1996 01 17 CC MINòw @˜ { ý CC MIN JAN 17 1996è´YHG 8REGULAR MEETING OF THE CITY COUNCIL PAGE NO. 9
OF THE CITY OF BALDWIN PARK JANUARY 17,1996
we review the operation of the businesses as they operate now to see if there is anything
else that we need to add to the regulations or restrictions. The City could then say, it
you plan on serving alcohol you will not get approved. That way, no one wastes their
time or money, the Planning Commissions time, the Design Review Committees time, or
any other persons time. The City needs to say in the regulations that alcohol will not be
allowed at a pool hall facility.
Councilmember Lowes stated that she opposes a moratorium, that the regulations can
be placed on the pool halls that no alcohol will be allowed.
Mayor Vargas requested that the approval of standards for pool halls be placed on an
agenda for the Planning Commission and the condition be included that no alcohol will
be served, and then brought to Council for approval. Mayor pro tem Martinez requested
the standards for a pool hall be brought to a Study Session prior to going to the
Planning Commission. He further requested that the City Council meet jointly with the
Planning Commission. Director Mousavi suggested that a draft ordinance be developed
for standards and then a Study Session be set for Council and the Planning
Commissioners. Council agreed by unanimous consent.
Mayor Vargas requested an update in the Status Report on Prop 62.
Director of Administrative Services Yeats requested a date and time in February be set
for a Budget Study Session to set two year budget goals and objectives for FY 1996-97
and FY 1997-98. Council agreed by unanimous consent to a Budget Study Session
on February 8th at 8:00 am. to 1:00 p.m. in Room 307.
In response to Councilmember Muse, City Clerk Gair stated that she would make the
arrangements for a Joint Meeting with the School Board.
Mayor pro tern Martinez stated for the record, that he was very glad that Chief Lanza
made good use of his conference in Palm Springs, by learning about the jail system by
CSI.
00-
It was moved and seconded to adjourn the regular meeting of the City Council at
8:50 p.m. M/S/C: MARTINEZ/LOWES. There were no objections
LINDA L. GAIIR, CITY CLERK
BETTY BRANEK, DEPUTY CITY CLERK
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