CC MINS 20111018 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
OCTOBER 18, 2011
The meeting was called to order at 6:00 P.M. by Mayor Pro Tern Misetich at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. The meeting was reconvened at 7:05 P.M.
City Council roll call was answered as follows:
PRESENT: Misetich, Stern, Wolowicz, and Mayor Long*
ABSENT: Campbell (excused)
*Mayor Long was present via teleconference from 7:05 P.M. through 10:13 P.M. from
the Intercontinental Milwaukee, 139 East Kilbourn Avenue, Milwaukee, WI, 53202.
Also present were: Carolyn Lehr, City Manager; Carolynn Petru, Deputy City
Manager/Interim Director of Recreation and Parks; Carol Lynch, City Attorney; Dennis
McLean, Director of Finance/Information Technology (IT); Joel Rojas, Community
Development Director; Torn Odom, Director of Public Works; Eric Mausser, Human
Resources Manager; Ara Mihranian, Deputy Community Development Director; Leza
Mikhail, Associate Planner; Ron Dragoo, Senior Engineer; Abigail Harwell, Assistant
Planner; Matt Waters, Senior Administrative Analyst; Nancie Silver, Recreation Program
Supervisor II; and, Carla Morreale, City Clerk.
Also present were: Andrea Vona, Executive Director, Palos Verdes Peninsula Land
Conservancy (PVPLC) and Danielle Lefer, Conservation Director, PVPLC.
FLAG SALUTE:
The Flag Salute was led by Councilman Stern.
MAYOR'S ANNOUNCEMENTS:
Mayor Pro Tem Misetich congratulated resident Braeden Benedict who recently
received the America's Top Young Scientist Award and presented him with a certificate
for his accomplishment in the development of a detection device to identify potentially
harmful concussions in athletes.
RECYCLE DRAWING:
Mayor Pro Tern Misetich announced Recyclers of the Month from the October 4, 2011
City Council meeting: Augustine Bonillo and Thomas Lee. He indicated that all winners
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October 18, 2011
Page 1 of 13
receive a check for $250 representing a year of free refuse service and urged everyone
to participate in the City's Recycling Program. Mayor Pro Tem Misetich announced that
new postcards are being accepted for the Recycle Drawing, which now includes a new
feature. Once a month, the winners will also receive a personal emergency
preparedness kit valued at $40.
APPROVAL OF THE AGENDA:
Councilman Wolowicz requested that Item No. 2 (Appeal of the Planning Commission's
Denial of a Height Variation and Site Plan Review for a Proposed Second Story Addition
to the Existing Residence located at 6530 La Garita) be moved up to be heard as the
first public hearing.
Mayor Long requested that Item No. 7 (Formal Recognition of Employee Organization
and Designation of Management Representative) be moved up on the agenda to follow
immediately after Item No. 2.
Councilman Wolowicz moved, seconded by Councilman Stern, to approve the agenda
as amended.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
PUBLIC COMMENTS: (For Audience Comments for Items not on the Agenda)
Ken Dyda, Rancho Palos Verdes, stated that he was surprised to see the information
regarding the potential purchase of open space land near Montemalaga under
discussion in the Closed Session and inquired if he had missed the notice regarding this
purchase.
City Attorney Lynch reported that an Addendum to the Agenda was prepared on Friday,
in accordance with the requirement of the Government Code providing information
regarding the Closed Session item.
Senior Engineer Dragoo provided comments regarding the benefits to the City for the
acquisition of the property in the canyon area near Montemalaga for storm water
drainage purposes.
City Attorney Lynch added that if the property is purchased, it will not involve the use of
any City monies.
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October 18, 2011
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CITY MANAGER REPORT:
City Manager Lehr provided a report on the first payroll savings realized as a result of
the Council's recent action regarding Pension Reform.
Director of Finance McLean provided a status update regarding the 2010 and 2011
Proposals to revise the airspace around the Long Beach Airport.
Community Development Director Rojas reported that the City recently received a
Compass Blueprint Grant in the amount of$100,000 from the Southern California
Association of Governments (SCAG)for consultant services to improve the aesthetic
appearance and walkability of Western Avenue as well as to improve the viability of the
businesses along the Western Avenue corridor.
Deputy City Manager/Interim Director of Recreation and Parks Petru reported on the
success of the City's 2nd Annual Paddle Tennis Tournament held at Ladera Linda
Community Center.
Recreation Program Supervisor Silver announced the Halloween Spooktacular to be
held at City Hall on Saturday, October 22, 2011. She reported that the City would be
holding a Vaccine and Microchip Clinic for pets that same day at City Hall.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item E (Rubberized Pavement Grant Program - FY11-12 & 12-13)
which was a request from staff to remove that item from the agenda.
Councilman Wolowicz moved, seconded by Councilman Stern, to approve the Consent
Calendar, as amended.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members after
the reading of the title.
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October 18, 2011
Page 3 of 13
Approval of Minutes
Approved the Minutes of the October 4, 2011 Regular Meeting.
Notice of Completion — Hesse and Ryan Parks Athletic Field Improvements
Project
1) Accepted the project as complete; 2) Authorized the City Clerk to file a Notice of
Completion for the project with the County Recorder; and if no claims are filed within 35
days after recordation, and upon the contractor posting an acceptable warranty bond,
notice the surety company to exonerate the Payment and Performance Bonds; and,
3) Authorized the Director of Public Works to release the 10% retention payment in the
amount of$45,716.68 to America West Landscape, Inc. 35 days after recordation of the
Notice of Completion by the County Recorder contingent upon no claims being filed on
the project, and the contractor posting an acceptable warranty bond.
Adoption of Ordinance No. 526— Readopting Certain Revisions to the Landslide
Moratorium Ordinance
ADOPTED ORDINANCE NO. 526, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, REPEALING URGENCY ORDINANCE NO. 459U, ORDINANCE NO.
427U AND URGENCY ORDINANCE NO. 439U AND AMENDING SECTION 15.20.040
AND SECTION 15.20.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.
Rubberized Pavement Grant Program - FY11-12 & 12-13
This item was removed from the agenda at the request of staff.
Authorize Access Agreement with the Portuguese Bend Club
1) Approved the attached Right of Access Agreement by and between the Portuguese
Bend Club Homeowners Association and the City of Rancho Palos Verdes; and,
2) Authorized the Mayor to execute the Agreement.
Register of Demands
ADOPTED RESOLUTION NO. 2011-83, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND
DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE PAID.
Employee Health Insurance Premiums for 2012
ADOPTED RESOLUTION NO. 2011-84, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, AMENDING THE CITY'S MAXIMUM
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October 18, 2011
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MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE HEALTH INSURANCE
PREMIUMS FOR CALENDAR YEAR 2012.
# # # # # # #
PUBLIC HEARINGS:
Appeal of the Planning Commission's Denial of a Height Variation and Site Plan
Review for a Proposed Second Story Addition to the Existing Residence located
at 6530 La Garita (Case No. ZON2010-00331) [Continued from August 16, 2011]
City Clerk Morreale reported that this public hearing was continued from August 16,
2011 and late correspondence was distributed prior to the meeting regarding this item.
Associate Planner Mikhail provided a staff report and PowerPoint presentation
regarding this item and redesign of the project since the issuance of the staff report.
Councilman Wolowicz disclosed that he visited the property at 6517 Certa to view the
project from that vantage point.
Discussion ensued between Council Members and staff.
David Moss, President & Principal Moss & Associates, Land Use and Planning &
Environmental Consulting firm, representing the applicant Issac Magalnic, Santa
Monica, stated that they have modified and improved the design of the proposed project
to mitigate the concerns raised regarding privacy and views. He reviewed the
modifications that have been made to the proposed project including the following: roof
pitch, landscaping, windows, and reduction in massing, height, and square footage.
Lindley Ruddick, Rancho Palos Verdes, requested that the Council uphold the Planning
Commission decision and deny the height variance for the proposed project based on
the lack of neighborhood compatibility, noting that the structure appears to tower over
the adjacent homes. He stated that this project would be the only two story residence
on La Garita Drive, noting his opposition due to the bulk and mass of the proposed
project.
Steve Goldstein, Rancho Palos Verdes, stated that he has viewed the silhouette of the
project and opined that the project does not impact the privacy of the neighbors and
was in support of the proposed project.
Bradford Harrison, Rancho Palos Verdes, stated that he has been in the neighborhood
area many times and there are over one dozen two story homes in that area. He stated
that in his opinion the project was compatible with the neighborhood. He noted that
there are several two story homes in the neighborhood and the windows look out on
backyards, but not into the privacy of the homes.
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Maurice Assayag, Rolling Hills Estates, stated that he is in the real estate business and
has driven by the property on Certa. He remembers when the Certa property was on
the market, noting that it did not have a view at that time. He stated that there are six or
seven two story homes one block away from this project.
Gary Effron, Rancho Palos Verdes, stated that he has reviewed the plans of the
proposed second story addition, noting that the addition has no negative impact on the
neighbor's privacy and the design of the home was compatible with the neighborhood.
He noted that there were many two story homes on Ella Road and Lomo Drive and on
surrounding streets. He stated that residents should be assured that they can feasibly
consider a second story addition to their home as their families grow.
Louise La Lande, Rancho Palos Verdes, stated that she located the original tract map of
the area, noting that in her immediate neighborhood there are only two second-story
additions to homes in the area. She requested that the Council deny the appeal and
uphold the decision of the Planning Commission.
Jeff Parker, attorney representing the Watson Family, Torrance, stated that there have
been several revisions to this project to mitigate the privacy infringement on nearby
properties but that the revisions have been minimal. He noted that the proposed
addition allows complete views of the Watson's entire backyard and provided a
PowerPoint presentation demonstrating the infringement on the privacy of their home.
Ned Morimoto, Rancho Palos Verdes, stated that his family moved into their home in
2009, noting that there was a partial "far view" of the ocean and Channel Islands from
their living room and outdoor patio when they purchased the home. He provided a
PowerPoint presentation of the view from their living room.
Paul Hayden, Rancho Palos Verdes, stated that he urged the Council to deny the
appeal and uphold the Planning Commission's decision. He stated that the privacy
impact on his home cannot be mitigated and that only a window that is opaque and
unable to be opened would afford him privacy. He continued that even a window at the
5 foot 6 inches height would afford a taller person visibility into his backyard. He stated
that there is only one home in the nearest twenty homes that is a two story home.
Diane Hayden, Rancho Palos Verdes, stated that the privacy of her home will be
affected by the proposed addition to the home next door. She provided a PowerPoint
presentation demonstrating the impact of the proposed addition on her backyard
privacy.
Nancy Mahr, Rancho Palos Verdes, stated that she was in support of the project and
noted that there is a mix of single story and two story homes in the neighborhood. She
reported that the three most recent homes in the area that have added a second story
are flanked by single story homes. She opined that the proposed addition has an
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October 18, 2011
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architectural style that is compatible with the neighborhood and does not change the
footprint of the existing residence and should be approved.
Faye Schwartz, Rancho Palos Verdes, stated that she was in favor of the proposed
addition to the home, noting that the design of the home was beautiful and compatible
with the homes in the neighborhood. She opined that the Magalnic family has
redesigned the home to address many of the privacy concerns raised and that the
homeowners on La Garita and Certa do not have views from their homes.
Debra Yocum, Rancho Palos Verdes, stated that her home has a direct view of the
proposed addition and expressed opposition to the expansion of the home. She stated
that the two story renovation is not compatible with the neighborhood and impairs the
view of open air space, blocking the light and sunshine of adjacent neighbors. She
expressed concern regarding the ability of the City to ensure that the present or future
homeowner would not be able to change the proposed opaque window glass to clear
glass to mitigate the privacy issue.
John Bohannon, Rancho Palos Verdes, stated that he concurred with Ms. Yocum's
comments and urged the Council to deny the application.
Marcus O'Brien, Rancho Palos Verdes, stated that he is in favor of the proposed
second story addition stating that it is consistent with the neighborhood, noting that
there are 15 two story homes in the area. He noted that the proposed addition helps to
meet the needs of the homeowner to allow the community to continue to g row.
Jack Friend, Rancho Palos Verdes, stated that he has visited the Magalnic home on
several occasions and has seen the homes in the neighborhood that have been
renovated. He stated that the design of the proposed two story addition was attractive,
will blend in with the existing structure, and will enhance the property and neighborhood.
Salfi Manoukian, project architect, stated that she was present to answer any q uestions
that might be raised.
Mike Sigal, Rancho Palos Verdes, stated that tasteful, City approved additions enhance
neighborhoods. He stated that he was in support of the proposed addition.
Curtis Watanabe, Rancho Palos Verdes, stated that his home is located almost directly
behind the Magalnic's home. He stated he was opposed to the proposed addition due
to the infringement on his home's privacy and the loss of the view of landscapes, open
space and the sky. He noted that the addition would appear as if a block wall has been
added to his view. He spoke in support of the view of the Morimoto family.
David Moss, in rebuttal, provided a photograph board with pictures taken by staff and
those taken by Mr. Morimoto, which he opined demonstrates a vast difference between
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October 18, 2011
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the photographic methods staff used versus the method used by Mr. Morimoto to
document the view impact.
Ned Morimoto, Rancho Palos Verdes, stated that he had not originally understood the
correct perspective from which to take the picture, but was later informed as to the
proper perspective from staff.
Discussion ensued between Council Members and staff.
Councilman Stern moved, seconded by Mayor Long, to uphold the appeal, thereby
approving the proposed project as modified by the applicant, with staff's additional
recommendation to modify the 2nd story clerestory windows along the south and west
facing facades so that the bottom of said clerestory windows are at a minimum of 5'6" in
height from the second-story finished floor; with Staff to bring back a resolution
commemorating the Council's decision to the next meeting.
Mayor Pro Tem Misetich declared the public hearing closed.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, and Mayor Long
NOES: Wolowicz
ABSENT: Campbell
ABSTAIN: None
RECESS AND RECONVENE:
Mayor Pro Tem Misetich called a brief recess from 9:31 P.M. to 9:43 P.M.
REGULAR BUSINESS:
Formal Recognition of Employee Organization and Designation of Management
Representative
City Clerk Morreale reported that there was one request to speak regarding this item.
City Attorney Lynch provided a brief staff report regarding this item.
Jim Knight, Rancho Palos Verdes, stated that he had concerns regarding the
employees' belief for the first time in 38 years that they have to form an association for
collective bargaining, which would require more regulations and the need to work with a
labor attorney. He stated he had concerns with the uncertain environment that this will
create with the need to eventually hire new employees. He reported that he researched
the issue and the compensation and benefits for Rancho Palos Verdes staff is the
lowest per capita of comparable cities and the population served per capita is the
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October 18, 2011
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highest. He noted he would like the polarization between staff and the public from going
any further and desired that the situation be returned to a teamwork atmosphere.
Discussion ensued among Council Members.
Councilman Stern moved, seconded by Mayor Long, to: ADOPT RESOLUTION NO.
2011-85, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, ACKNOWLEDGING THE RANCHO PALOS VERDES EMPLOYEE
ASSOCIATION AS AN EMPLOYEE ORGANIZATION AND MAJORITY
REPRESENTATIVE IN A BARGAINING UNIT OF NON-MANAGEMENT EMPLOYEES
AND DESIGNATING THE HUMAN RESOURCES MANAGER AS THE CITY'S
PRINCIPAL MANAGEMENT REPRESENTATIVE, AND DESIGNATING THE HUMAN
RESOURCES MANAGER AND THE CITY'S LABOR COUNSEL AS THE CITY'S
REPRESENTATIVES TO MEET AND CONFER WITH THE ASSOCIATION.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
PUBLIC HEARINGS: (Continued)
Code Amendment to Revise the Current Program that Allows Non-Commercial
Organizations to Place Temporary Non-Commercial Banners in the City's Rights-
of-Way
City Clerk Morreale reported that this public hearing was continued from the October 4,
2011 Council Meeting, late correspondence was distributed prior to the meeting, and
there were no requests to speak regarding this item.
Councilman Stern moved, seconded by Councilman Wolowicz, to waive the staff report
and adopt the staff recommendation to: REINTRODUCE ORDINANCE NO. 527, AS
AMENDED, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
AMENDING SECTION 17.76.050.D OF THE RANCHO PALOS VERDES MUNICIPAL
CODE TO REVISE AND CLARIFY THE REQUIREMENTS FOR THE PLACEMENT OF
TEMPORARY NONCOMMERCIAL BANNERS WITHIN THE PUBLIC STREET
RIGHTS-OF-WAY.
Mayor Pro Tem Misetich declared the public hearing closed.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
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October 18, 2011
Page 9 of 13
NOES: None
ABSENT: Campbell
ABSTAIN: None
Use of State Funding for Supplemental Police Services — CORE Police Team
City Clerk Morreale reported that the notice of the public hearing was duly published, no
written protests received, and there were no requests to speak regarding this item.
Mayor Pro Tem Misetich declared the public hearing open.
There was no request for a staff report on this item.
Discussed ensued between Council Members and staff.
Mayor Pro Tem Misetich moved, seconded by Councilman Stern, to approve the staff
recommendation to: Approve the continued use of COPS (Citizen Option for Police
Services) grant in FY11-12 to partially fund the CORE Police Team.
Mayor Pro Tem Misetich declared the public hearing closed.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
REGULAR BUSINESS: (Continued)
Adoption of the Updated Zoning Map
City Clerk Morreale reported that there were no requests to speak regarding this item.
Assistant Planner Harwell provided a brief staff report regarding this item.
Discussed ensued between Council Members and staff.
Mayor Long moved, seconded by Councilman Stern, to adopt the staff recommendation
to: INTRODUCE ORDINANCE NO. 528, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, APPROVING THE CITY'S DIGITIZED UPDATED ZONING MAP AS
THE OFFICIAL ZONING MAP FOR THE CITY OF RANCHO PALOS VERDES.
The motion passed on the following roll call vote:
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October 18, 2011
Page 10 of 13
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
Initiate a Code Amendment to Revise RPVMC Chapter 17.90 (Interpretation
Procedure)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were three requests to speak regarding this item.
Assistant Planner Harwell provided a brief staff report regarding this item.
Mayor Long left the meeting at 10:13 P.M.
Discussion ensued between Council Members and staff.
Ken Dyda, Rancho Palos Verdes, suggested that there should be a correction that the
map should be illustrative so that there will not be different scale factors and use
previous procedures to protect the City.
Sharon Yarber, Rancho Palos Verdes, stated that the proposed change was to amend
the existing ordinance to state 100 feet instead of 30 feet, and instead the existing
ordinance should remain in place with additional language added to clarify that the
homeowner be able to make a request to move the line in a particular direction. She
stated that the intent as stated by staff should be clarified in the proposed code
amendment.
Lowell Wedeme iffier, Rancho Palos Verdes, stated that he was in favor of the review of
the entire ordinance regarding the Interpretation Procedure. He suggested that the
section be subject to a complete revision in order to separate out particular categories
which should be addressed more appropriately. He noted that the ordinance should
clarify which things can be applied to a specific parcel versus those that should be a
general interpretation applicable to the entire City.
Additional discussion ensued between Council Members and staff.
Councilman Stern moved, seconded by Councilman Wolowicz, to adopt the staff
recommendation to: Initiate a Code Amendment to revise Title 17.90 of the RPVMC to
amend the Interpretation Procedures to allow the Community Development Director to
make adjustments of a zoning or special district boundary line from thirty feet to one
hundred feet without the processing of a Zoning Map amendment.
The motion passed on the following roll call vote:
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October 18, 2011
Page 11 of 13
AYES: Stern, Wolowicz, and Mayor Pro Tern Misetich
NOES: None
ABSENT: Campbell and Long
ABSTAIN: None
Palos Verdes Nature Preserve — Palos Verdes Peninsula Land Conservancy
Annual Management Reports
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there was one request to speak regarding this item,
Deputy Community Development Director Mihranian provided an overview and
PowerPoint presentation of the item.
Andrea Vona, Executive Director, Palos Verdes Peninsula Land Conservancy (PVPLC)
provided a short overview of the PVPLC, its mission, and the current operation of two
nature centers.
Danielle Lefer, Conservation Director, PVPLC, provided an overview of the monitoring
of threatened species and plants, habitat restoration, and vegetation mapping in
compliance with the City's requirements under the NCCP plan.
Discussion ensued between Council Members and staff.
Lowell Wedemeyer, Rancho Palos Verdes, stated that he hikes on the Three Sisters
portion of the Preserve regularly as a volunteer Keeping an Extra Eye on the Preserve
for Environmental Review and Stewardship (KEEPERS) of that area under the PVPLC.
He urged the Council to give greater discretion to staff and the PVPLC to modify the use
and location of trails due to the need to watch for and control erosion after rain storms.
Mayor Pro Tern Misetich moved, seconded by Councilman Stern, to approve the staff
recommendation to: Receive and file the Palos Verdes Peninsula Land Conservancy's
2008-2009 and 2010 Annual Report on managing the City's Palos Verdes Nature
Preserve.
The motion passed on the following roll call vote:
AYES: Stern, Wolowicz, and Mayor Pro Tern Misetich
NOES: None
ABSENT: Campbell and Long
ABSTAIN: None
CLOSED SESSION REPORT:
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October 18, 2011
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City Attorney Lynch reported that with respect to the Conference with Real Property
Negotiators item listed on the Closed Session Addendum to the Agenda, the Council
unanimously moved to direct staff to negotiate the purchase of the properties (with
Mayor Long and Councilman Campbell absent).
CITY COUNCIL ORAL REPORTS:
Each of the Council Members present reported on his attendance at various
organization and association meetings since the last City Council Oral Reports were
provided on October 4, 2011. Councilman Stern stated that he had nothing to report.
ADJOURNMENT:
At 11:04 P.M., Mayor Pro Tem Misetich adjourned the m-■tin l
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