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HomeMy WebLinkAbout082603 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 26, 2003 The City Council convened in Open Session at 7:03 P.M., on Tuesday, August 26, 2003, in the City Council Chambers of Temecula California. Present: Absent: Councilmembers: Councilmember: City Hall, 43200 Business Park Drive, Temecula, Comerchero, Naggar, Pratt, Stone Roberts Due to City business, Mayor Stone informed the viewing public that Councilman Roberts will not be in attendance of this meeting. PRELUDE MUSIC The prelude music was provided by Jake Facile. INVOCATION The invocation was given by Pastor Ron Alsobrooks of New Covenant Fellowship Center. ALLEGIANCE The flag ceremony was presented by Councilman Comerchero. PRESENTATION/PROCLAMATIONS Certificates of Achievement to the Temecula Valley North Little Leaque All Stars Manager Craig, Coach Basalo, Coach Calhoun, and the Temecula Valley North Little League All Stars were in attendance to receive their individual certificates. Balloon and Wine Festival Presentation Mr. Joe Santos, CEO, and Ms. Carol Popejoy-Hime, Executive Director of the Temecula Balloon and Wine Festival, thanked the City Council for its continued support and presented to the City Council a signed poster of the 2003 event to the Council. Santa Marqarita Watershed Clean Up Day Proclamation Ms. Carole Bell, representing the Santa Margarita Reserve, accepted the proclamation; invited the public to the September 20, 2003, event at 8:00 A.M.; and advised that the Temecula Rotary Club will be hosting the after-event volunteer BBQ. Mayor Pro Tern Naggar thanked Ms. Bell for her continual efforts associated with this event. PUBLIC COMMENTS A. In response to Ms. Spencer, 41946 Fifth Street, Mayor Stone advised that the future of Old Town will encompass a mixed-use concept. R:\Minutes\082603 I Ms. Spencer commented on the continual impacts the Farmers' Market has on the Old Town merchants and reiterated her concern with the lack of permissible signage for businesses located on the side streets. B. Mr. Otto Baron, 28681 Pujol Street, commented on the lack of promotion provided for the businesses located on the side streets. C. Ms. Jo Moulton, Director of the Temecula Valley Inland Film and Music Festival, 31468 Corte Montiel, and Ms. Sherry Voigt, Sherman Oaks, apprised the City Council and viewing public of the upcoming Festival activities. D. Apprising the public of its final opportunity to purchase tickets for the upcoming Temecula- on-Stage event, Mr. Chuck Washington, 31205 Kahwea Road, noted that this fundraiser event will benefit the Theatre Foundation to build a community theatre in Old Town. CITY COUNCIL REPORTS A. Having met with City Manager Nelson, Community Services Director Parker, and the Community Services Department staff, Councilman Comerchero commented on efforts being explored to broaden the activities available to the teenage population of this community. B. By way of overheads, Mayor Pro Tem Naggar advised that Councilman Comerchero and he had attended the Safety Expo sponsored by the Temecula Citizens Corps along with other agencies; complimented staff and those agencies on a job well done; and briefly commented on the benefits of the Citizen Corps. Commenting on the West Nile Virus, Mr. Naggar requested that Code Enforcement be extra vigilant and that the City's website provide the ability to link to the County website. In light of phone calls received regarding a safe school route to the new Erie Stanley Gardner Middle School, Mr. Naggar advised that the developer has agreed to provide additional fencing and that a curb and sidewalk area will be provided in order to ensure pedestrian access over Pechanga Creek. C. Commenting on the City's Stop Light Abuse Program as well as the benefits of utilizing red light cameras, Councilman Pratt addressed traffic congestion and the lack of public transit and recommended that the City Council adopt a Mobility Coordination Plan; suggested that Councilmembers Roberts and Pratt be appointed to a Committee to evaluate present and future traffic mitigation; and recommended that the Committee appoint a Commission facilitator. D. As members of the Armed Forces Memorial Committee (Mayor Stone and Councilman Comerchero), Mayor Stone shared that the Committee has narrowed the selection process down to two submittals, noting that those two submittals will be posted on the City website and that public input is being requested. Although enforcement has been enhanced, Mayor Stone noted that the issuance of red light abuse tickets has not reduced the need to continue to cite; commended the Police Chief and the Police Department on its efforts to mitigate this problem; relayed his desire to continue the enforcement; and advised that the City Council and the Public Traffic Safety Commission will meet on Thursday, August 28, 2003, at 6:00 P.M. for a workshop to discuss the matter in more detail. During the upcoming Council Chamber upgrade, Mayor Stone requested that the possibility of a call-in system be available to the public. R:\Minutes\082603 2 Commending Principal Planner Brown on his efforts to keep the City Council apprised of the County's actions regarding traffic/open space mitigations, Mayor Stone advised the public that the County has once again approved an upzone without identifying traffic/infrastructure mitigations, noting that the City Attorney had provided a report in Closed Session and that the City will possibly utilize the court system to protect itself from undue traffic/smog/and the sharing of public facilities. Commending staff on its efforts, Mr. Stone as well advised that the Council in Closed Session elected to proceed with locating a college campus in the City. CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Minutes RECOMMENDATION: 2.1 Approve the minutes of July 22, 2003. 3 Resolution approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO, 03-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Purchase of Four (4) City Vehicles RECOMMENDATION: 4.1 Approve the purchase of the following vehicles from Rancho Ford: · Two (2) 2003, Mid-sized Ford Trucks $19,939.69 (each) · Two (2) 2003, full-sized ¼ ton Ford Trucks $24,480.69 (each) R:\Minutes\082603 3 5 Award of Contract for City Council Chamber AudioNisual Systems Upgrade RECOMMENDATION: 5.1 Award a contract to Integrated Media Systems to upgrade the Council Chambers AudioJisual Systems in the amount of $128,320.00; 5.2 Authorize the City Manager to approve a contingency for the purchase and installation in an amount not to exceed $12,832.00; 5.3 Allocate an additional $31,152.00 to the IS Internal Services Fund Capital Account to support this upgrade. 6 FY2003-04 Designated Allocations - Community Support Budqet RECOMMENDATION: 6.1 Approve the funding agreement in the amount of $15,000 for Safe Alternatives For Everyone (SAFE) Program and authorize the Mayor to execute the agreement; 6.2 Approve the funding agreement in the amount of $15,000 for the Circle of SAFE-T Partnership/Rancho Springs Medical Center and authorize the Mayor to execute the agreement. 7 City Council Meetinq Schedule - November and December 2003 RECOMMENDATION: 7.1 Direct the City Clerk to reschedule the November 11, 2003 (Veterans Day) meeting to November 18, 2003; to reschedule the December 23, 2003 meeting to December 16, 2003; and to perform the appropriate postings and noticing requirements of the Government Code. Amended Resolution authorizinq Temporary Street Closure of Main Street between Old Town Front Street and the Murrieta Creek Bridge for the Temecula-On-Stage Event scheduled for Auqust 30, 2003 and deleqate authority to issue a Special Events/Street Closures Permit to the Director of Public Works/City Enqineer RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 03-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING RESOLUTION NO. 03-97 AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN OLD TOWN FRONT STREET AND MURRIETA CREEK BRIDGE FOR THE TEMECULA-ON-STAGE EVENT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES. THE AMENDMENT CONSISTS OF A CHANGE TO THE EVENT SCHEDULE R:\Minutes\082603 4 9 Traffic Siqnal and Safety Liqhtin,q Maintenance ARreement RECOMMENDATION: 9.1 Terminate the existing agreement, dated February 2, 1999, with the County of Riverside; 9.2 Approve the agreement with the County of Riverside for maintenance of traffic signals and safety lighting and authorize the Mayor to execute the agreement. 10 General Fund Transfer to Service Level D RECOMMENDATION: 10.1 Appropriate $73,125 from General Fund Reserves to TCSD Service Level D to subsidize refuse collection and recycling. (Considered under separate discussion; see below.) 11 Second Readinq of Ordinance No. 03-08 (John Warner Road) RECOMMENDATION: 11.1 Adopt an ordinance entitled: ORDINANCE NO. 03-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY TEMECULA ESTABLISHING INTEGRATED FINANCING DISTRICT NO. 03-05 (JOHN WARNER ROAD) AND AUTHORIZING THE LEVY OF CONTINGENT ASSESSMENTS THEREIN MOTION: Mayor Pro Tem Naggar moved to approve Consent Calendar Item Nos. 1-9 and 11 (Item No. 10 was considered under separate discussion; see below.) The motion was seconded by Councilman Comemhero and voice vote reflected approval with the exception of Councilman Roberts who was absent, CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 10 General Fund Transfer to Service Level D RECOMMENDATION: 10.1 Appropriate $73,125 from General Fund Reserves to TCSD Service Level D to subsidize refuse collection and recycling. Community Services Director Parker presented the staff repod (as per agenda material). Commending Mayor Stone on his recommendation to not raise the refuse rates, Mayor Pro Tem Naggar apprised the public of the City's choice to not raise the trash refuse rates and to subsidize the cost from the City's General Fund. R:\Minutes\082603 5 MOTION: Mayor Pro Tem Naggar moved to approve Consent Calendar Item No. 10. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent. The following items were considered out of order: COUNCIL BUSINESS 14 Participation in the Riverside County District Attorney's Office Gan,q Task Force RECOMMENDATION: 14.1 Adopt a resolution entitled: RESOLUTION NO. 03-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARTICIPATION IN THE RIVERSIDE COUNTY DISTRICT ATTORNEY'S OFFICE GANG TASK FORCE Commenting on the growth and the changes in the Inland Empire, Chief Deputy District Attorney Pacheco addressed changes that Los Angeles County and its surrounding cities had experienced over the past 50 years, advising that these cities neglected to focus on public safety and that as a result of this neglect, these cities have changed for the worst and are overwhelmed with gangs. In an effort for this community to be proactive, Mr. Pacheco encouraged the City's participation in the Riverside County District Attorney's Office Gang Task Force, noting that the passage of this resolution would create the funding for a Gang Coordinator. In response to Councilman Pratt, Mr. Pacheco advised that the Gang Coordinator would work in full and equal collaboration with the Sheriff's Department along with all agencies. To further address this particular problem, Mr. Pacheco, for Mayor Pro Tem Naggar, encouraged the City to continue its emphasis on public safety and to keep it a number one priority. To address Councilman Comerchero's inquiry, Mr. Pacheco advised that the City's direct benefit by its participation would include the direct connection between the cities and County agencies and the 'removal of gangs from surrounding areas of the City. Speaking in support of the City's participation, Mayor Stone commented on his efforts associated with the City's current graffiti ordinance, offering a copy of that ordinance to Mr. Pacheco, with Mr. Pacheco commenting on the correlation of graffiti and gang related activities. Commending the Police Department on a job well done with regard to the control of gang activity throughout the City, Mayor Pro Tem Naggar encouraged the Police Chief to keep the Council apprised of the Department's needs to continue this desired level of public safety. MOTION: Mayor Pro Tem Naggar moved to approve the recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent. R:\Minutes\082603 6 16 Cable, Video, and Telecommunications Ordinance (Continued from the August 12, 2003, City Council meeting.) RECOMMENDATION: 16.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03-11 AN ORDINANCE OF THE CITY OF TEMECULA REGULATING CABLE, VIDEO, AND TELECOMMUNICATIONS SERVICE PROVIDERS, AND AMENDING IN ITS ENTIRETY CHAPTER 5.12 OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE 16.2 Adopt a resolution entitled: RESOLUTION NO. 03-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING FEES FOR TRANSACTIONS INVOLVING CABLE TELEVISION AND OPEN VIDEO SYSTEM FRANCHISES AND REGISTRATION FEES FOR OTHER VIDEO PROVIDERS City Attorney Thorson presented the staff report (of record), highlighting the following: · That proposed language was updated to provide consistency with current State and Federal law · That other telecommunication service providers were included besides Cable Television · That requirements were expanded for an initial franchise application · That consumer protection and service standards were enhanced · That parental control options were required · That control was established over the window of time for construction in the public rights of way · That the ordinance was revised to address comments from Verizon · That Verizon has indicated disagreement with the proposed language · That staff had met with Adelphia Communications and that, as a result, certain revisions were incorporated and some proposed revisions were rejected. For Mayor Stone, Assistant City Attorney Ruddell advised that staff had not met with Vedzon; that staff had attempted to address Verizon's comments; that as a result of Verizon's comments, certain modifications to the ordinance were made; that the City is entitled to regulate the time, place, and manner of facilities placed in public rights-of-way; and that the City is not attempting to exact a franchise or license from Verizon or to state how to provide telecommunication services in the City. Advising the City Council of the impacts the proposed ordinance will have on the community, Mr. Alan Sabsevitz, San Bernardino, External Affairs Manager for Verizon, noted the following with staff responding as noted: · Purpose and Intent- encouraged the shared use of utility and other service providers of existing facilities in public rights-of-way o City Attorney Ruddell commented on the keyword encourage versus mandatory R:\Minutes\082603 7 5.12.160 (A)(1)(b) - attempts to manage how a telecommunication provider provides its services and dictates that a provider must lease facilities rather than build and own its own facility o City Attorney Ruddell - not dictating/mandating - that any facilities may be leased by one service provider from another 5.12.160 (A)(1)(d) - provides the City with unfettered discretion to adopt requirements unrelated to the management of rights-of-way which were determined to be unlawful in the courts O O O City Attorney Ruddell - constrained by consistency with applicable law Public Works Director Hughes - intent to ensure the least impact on the citizens Councilman Comerchero suggested the addition of verbiage prohibiting the City from placing the utility provider in a position where it cannot meet its legal obligations Mayor Stone suggested the addition of verbiage giving the Public Works Director the authority to supersede any of the ordinances he may see fit to ensure the health and welfare of the citizens City Attorney Thorson noted that Mayor Stone's recommended verbiage has already been reflected in the ordinance 5.12.160(A)(3) - based upon ... quarterly basis o Public Works Director Hughes - attempted to provide more flexibility with revised text; not intended to be burdensome; intended to coordinate the work between City and Verizon o Mayor Pro Tem Naggar commented on the benefits of identifying all owners of above-ground facilities 5.12.160 (B)(5) - dealing with reasonable limitations upon the number of above-ground facilities o City Attorney Thorson - reasonable limitations - having to comply with Federal and State law regardless of City ordinance o Public Works Director Hughes - trying to protect the City's interest while providing providers the ability to do their jobs o Assistant City Attorney Ruddell - existing process would permit an appeal process o City Attorney Thorson recommended that the following verbiage be added to the purpose and intent section: ... enabling the City to comply with State and Federal law and that the City has a general appeal procedure 5.12.160(B)(6) - communications provider has little control on the size of the box o Mayor Stone suggested to add language with regard to industry standards 5.12.160(C) - this is contrary to State and Federal law o City Attorney Thorson - commented on the verbiage ... to the extent authorized by law ... 5.12.180(A) - with respect to telecommunication providers, it has been determined to be an unlawful barrier to entry a violation of Section 253 of the Telecommunications Act o City Attorney Thorson - local regulations, local ordinance in the course of providing service and not be subject to the provisions of local ordinances. At this time, City Attorney Thorson introduced Ordinance No. 03-11 R:\Minutes\082603 8 MOTION: Mayor Pro Tem Naggar moved to approve the staff recommendation with the added verbiage in the purpose and intent section of the ordinance as suggested by City Attorney Thorson: enabling the City to comply with State and Federal law and that the City has a general appeal procedure. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent. At 9:15 P.M., the City Council convened as the Temecula Community Services District, the Temecula Redevelopment Agency, and the Temecula Public Financing Authority, the City Council meeting resumed with regular business at 9:19 P.M. PUBLIC HEARING 12 Linfield School Master Plan, Zone Chanqe (PA02-0612), Conditional Use Permit, and Development Plan (PA01-0653) (Continued from the July 8, 2003 City Council meeting.) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 03-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, FOR THE LINFIELD SCHOOL MASTER PLAN, GENERALLY LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD, EAST MARGARITA ROAD AND WEST OF MEADOWS PARKWAY AND KNOWN AS ASSESSORS PARCEL NO. 955-002-002 12.2 Introduce and read by title only an ordinance entitled:. ORDINANCE NO. 03-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM PUBLIC INSTITUTIONAL (PI) TO PLANNED DEVELOPMENT OVERLAY (PDO-7), AND ADOPTING SECTIONS 17.22.180 THROUGH 17.22.188 OF THE MUNICIPAL CODE INCLUDING THE PDO TEXT AND DEVELOPMENT STANDARDS, FOR PROPERTY GENERALLY LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD, EAST OF MARGARITA ROAD, AND WEST OF MEADOWS PARKWAY AND KNOWN AS ASSESSOR'S PARCEL NO. 955-002-002 12.2 Adopt a resolution entitled: R:\Minutes\082603 RESOLUTION NO. 03-108 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA01-0653, A CONDITIONAL USE PERMIT TO ESTABLISH A MASTER PLAN AND DESIGN GUIDELINES FOR A PRIVATE SCHOOL COMPLEX, ATHLETIC FIELDS, AND RELATED FACILITIES, AND FUTURE RESIDENTIAL AREA FOR UP TO 26 RESIDENTS ON A 94-ACRE SITE, GENERALLY LOCATED BETWEEN RANCHO VISTA ROAD AND PAUBA ROAD, WEST OF MEADOWS PARKWAY, AND EAST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 955-002-002 12.4 Adopt a resolution entitled: RESOLUTION NO. 03-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01- 0653, A DEVELOPMENT PLAN APPLICATION FOR PHASE A-1 OF THE LINFIELD SCHOOL MASTER PLAN INCLUDING A TWO-STORY HIGH SCHOOL BUILDING TOTALING APPROXIMATELY 38,358 SQUARE FEET AND AN APPROXIMATELY 9,728 SQUARE FOOT ONE-STORY ADMINISTRATIVE OFFICE BUILDING, GENERALLY LOCATED BETWEEN RANCHO VISTA ROAD AND PAUBA ROAD, WEST OF MEADOWS PARKWAY, AND EAST OF MARGARITA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 955-002-002 Planning Director Ubnoske reviewed the staff report (as per agenda material), advising that the for units for staffing facility/student housing will 26 not 28 units. Ms. Ubnoske referenced the added conditions of approval (copies provided to the City Council), noting that the applicant is in concurrence with the conditions. Ms. Karen Raftery, representing Linfield School, thanked the City Council for its consideration and requested its approval. At this time, the public hearing was closed. MOTION: Mayor Pro Tem Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent. 15 Consideration of Adoption of Resolutions of Necessity for the acquisition in Eminent Domain of certain real properties for public purposes (Continued from the August 12, 2003, City Council meeting.) RECOMMENDATION: 15.1 Continue the hearing to the meeting of September 16, 2003. In light of staff's recommendation, the following motion was offered. R:\Minutes\082603 10 MOTION: Mayor Pro Tem Naggar moved to approve the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was absent. 13 Harveston Specific Plan Amendment (Planninq Application No. PA03-0249) RECOMMENDATION: 13.1 Make a Determination of Consistency with a previously Certified Environmental I Impact Report; 13.2 Adopt a resolution entitled: RESOLUTION NO. 03-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE HARVESTON SPECIFIC PLAN TO INCLUDE AND FULLY INTEGRATE WITHIN TVVO OUT- PARCELS (PLANNING APPLICATION NO. PA03-0249) 13.3 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 03-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF TEMECULA TO INCLUDE 'I"VVO OUT-PARCELS WITHIN THE HARVESTON SPECIFIC PLAN Principal Planner Hogan presented the staff report (as per agenda material), noting that the number of units in the Plan will not be amended and clarifying the location of the parcels. Mayor Stone opened the public hearing. Mr. Mathew Fagan, representing Lennar, advised that he was available for questions. City Attorney Thorson introduced Ordinance No. 03-10. MOTION: Councilman Comerchero moved to approve the staff recommendation. The motion was seconded by Mayor Pro Tem Naggar and voice vote reflected approval with the exception of Councilman Roberts who was absent. 17 Cable Franchise Renewal Committee Appointment (Continued from the August 12, 2003, City Council meeting.) RECOMMENDATION: 17.1 Appoint one member from the City Council to serve on the negotiation team for renewal of the Cable Franchise Agreement with Adelphia. R:\Minutes\082603 11 Councilman Comerchero, echoed by Mayor Stone, suggested that by way of the City's website, the citizens be given the opportunity to relay their preferences for inclusion in a new Cable Television Franchise. MOTION: Councilman Pratt moved to nominate Councilman Comerchero to serve on the negotiation team. The motion was seconded by Mayor Stone and voice vote reflected approval with the exception of Councilman Roberts who was absent. DEPARTMENTAL REPORTS No additional comments. CITY MANAGER'S REPORT No additional comment, CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no formal actions to report under the Brown Act. With respect to the real property matters, no final decisions will made until those matters are addressed by the City Council in Open Session. ADJOURNMENT At 9:32 P.M., the City Council meeting was formally adjourned to an adjourned regular meeting on Thursday, August 28, 2003, at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California, for the purpose of a Joint Workshop with the Public Traffic Safety Commission. ATTEST: ~/. JCnes, CMC / t.[SEAL] /~ '~ ~ (~ J~'ffre-"~-c~tone, Mayor R:\Minutes\082603 12