Loading...
CC MINS 20081216 MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING DECEMBER 16, 2008 The meeting was called to order at 7:01 P.M. by Mayor Pro Tem Wolowicz at Fred Hesse Community Park, 29301 Hawthorne Boulevard. City Council roll call was answered as follows: PRESENT: Long, Stern, and Mayor Pro Tem Wolowicz ABSENT: Gardiner (excused) and Mayor Clark (excused) Also present were Carolyn Lehr, City Manager; Carol Lynch, City Attorney; Carolynn Petru, Deputy City Manager; Dennis McLean, Director of Finance and Information Technology; Joel Rojas, Director of Planning, Building & Safety, and Code Enforcement; Jim Bell, Director of Public Works; Leza Mikhail, Associate Planner; and Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by City Manager Lehr. MAYOR'S ANNOUNCEMENTS: Mayor Pro Tem Wolowicz made an announcement regarding the passing of Equestrian Committee Member Kay Bara. Councilman Stern provided a brief presentation on the Automated Trash Collection Pilot Program survey results. Councilman Long announced that he and Councilman Gardiner lived in test areas for the Pilot Program, and Councilman Stern briefly lived in a test area, and reported that 85 to 90 percent of residents responding to the survey preferred automated trash collection, including himself. RECYCLE DRAWING: Mayor Pro Tem Wolowicz announced Recyclers of the Month from the December 2, 2008 City Council meeting: Elizabeth Moore and Robert Combatalade. He indicated that all winners receive a check for$250 representing a year of free refuse service and he urged everyone to participate in the City's recycling program. APPROVAL OF AGENDA: City Council Minutes December 16, 2008 Page 1 of 13 Councilman Stern moved, seconded by Mayor Pro Tern Wolowicz, to approve the Agenda, as presented. Without objection, Mayor Pro Tern Wolowicz so ordered. PUBLIC COMMENTS: Bruce Butler, Rancho Palos Verdes, reported on the history animal rights protests in Ois neighborhood targeted at a specific resident and thanked the Council and the City Attorney for their action to adopt an ordinance to regulate these types of gatherings, which has had a positive impact on preserving the peace and order in the community. CITY MANAGER REPORT: Planning Director Rojas provided an update on the Trader Joe's Market project. City Attorney Lynch provided an update on the Hildreth Public Records Request, noting that the request had been withdrawn. She reported that the total cost of attorney tim spent on the request was approximately $77,000 which did not include the cost of staff time. City Manager Lehr reported that the total combined cost of the City and attorney was over $100,000. Discussion included the possibility that a Councilman was behind the request and p Y q clarification on the history of the request and the City's response. Scott Gobble, Southern California Edison, provided information regarding tree trimming around electrical utility lines, and provided a report on the recent power outage and the danger of palm trees and metallic balloons. He also su gg ested putting holiday lights �n a timer to conserve energy. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed on Item 8 prior to the meeting. Councilman Long moved, seconded by Councilman Stern, to approve the Consent Calendar with Item 4 (Annual Renewal of Non-Exclusive Commercial Refuse Collecti?n and Disposal Services Agreement—2009), Item 7 (Service Agreement with Paetec— Phone and Internet Service Provider) and Item 8 (Third Amendment to the Agreemen' to Purchase Additional Acreage to be included in the Palos Verdes Nature Preserve) removed for separate consideration after the Regular Business items. AYES: Long, Stern, and Mayor Pro Tern Wolowicz NOES: None City Council Minutes December 16, 2008 Page 2 of 13 ABSENT: Gardiner and Mayor Clark A. EMERGENCY STORM DRAIN PROJECT Palos Verdes Drive South (PVDS) Storm Drain Rehabilitation (604 x 602) 1) Reviewed and reconfirmed by a four/fifths (4/5) vote, the Council's previous action on November 18, 2008, authorizing staff to proceed with emergency repairs to the PVDS storm drain. B. OTHER CONSENT CALENDAR ITEMS 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. Approval of the Minutes (301) Approved the Minutes of the August 19, 2008 Regular Meeting and the November 1, 2008 Adjourned Regular Meeting. Annual Renewal of Non-Exclusive Commercial Refuse Collection and Disposal Services Agreement -2009 (1301) This item was removed from the Consent Calendar for separate consideration. Professional Services Agreement for Traffic Signal Improvements Project at the Intersection of Crenshaw Boulevard and Crestridge Road (1503) 1) ADOPTED RESOLUTION NO. 2008-118, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING RESOLUTION NO. 2008- 47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2008-09 FOR A BUDGET ADJUSTMENT TO INCREASE THE STREET IMPROVEMENT PROGRAM WITHIN THE CAPITAL IMPROVEMENT PROJECTS FUND BY $37,785; 2) Awarded a professional services contract to Willdan Engineering for design services, construction management, inspection services, and processing grant documents for the subject project in the amount not to exceed $52,285; and, 3)Authorized the Mayor and City Clerk to execute the Professional Services Agreement with Willdan Engineering. Palos Verdes Drive East Improvements Update (1404) Modified Milestone 2 of the Citywide Traffic and Roadway Safety Goal adopted by the City Council on June 3, 2008 to read as follows: "By March 1, 2009, if the City receives a requested grant, proceed with preparation of the environmental studies required for City Council Minutes December 16, 2008 Page 3 of 13 construction of FY 09-10 Palos Verdes Drive East roadway safety improvements. Thi item will be brought back to the City Council for further direction if the City does not receive the requested grant." Service Agreement with Paetec — Phone and Internet Service Provider (602) This item was removed from the Consent Calendar for separate consideration. Third Amendment to the Agreement to Purchase Additional Acreage to be included in the Palos Verdes Nature Preserve (1201) This item was removed from the Consent Calendar for separate consideration. Register of Demands ADOPTED RESOLUTION NO. 2008-119, 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. # # # # # # PUBLIC HEARINGS: Appeal of the Planning Commission's Conditional Approval of the Proposed St John Fisher Master Plan: Conditional Use Permit No. 96 — Revision "D," Graditjg Permit, Minor Exception Permit, Sign Permit, and Environmental Assessment (Case No. ZON2007-00492); Project Address: 5448 Crest Road [Continued from November 22, 2008] (1804) City Clerk Morreale reported that this item was continued from November 22, 2008, I to correspondence was distributed prior to the meeting, and there were several requests to speak on the item, fourteen opposed to the project and twelve in favor. Mayor Pro Tem Wolowicz discussed the procedure for the item. Associate Planner Mikhail presented an overview of the item including clarification on conflicting photographic evidence and reasons for preparing a Mitigated Negative Declaration (MND). City Attorney Lynch provided a brief overview of the California Environmental Quality Act (CEQA) process and the reason staff circulated a Mitigated Negative Declaration for this project, with the concurrence of the Planning Commission. Council and staff discussion included the following topics: the feasibility of overflow parking being allowed on the grass area in the courtyard; the size of the sanctuary; the level of CEQA review required; a parking review requirement if the number of masses decreased below a certain number; consideration of regulations regarding street parking City Council Minutes December 16, 2008 Page 4 of 13 in the future, if safety issues arise; response from only one surrounding homeowners association requesting no significant impacts as a result of the Master Plan; photo simulation clarification; frequency of the ringing of the bells; steeple lighting; and, visual screening of the project by landscaping on west side. Jana Macey, Los Angeles County Fire Department Land Development Unit, explained the process of reviewing the project proposal, noting that the stair access is strictly meant for the Fire Department, not for the ingress and egress of the building. She noted that the Fire Department had approved the project as submitted, but requested that the courtyard area not be used for parking as it represents a turn-around area, which needs to remain clear for the Fire Department. She concurred that the alternative did not provide adequate access to the exterior walls; discussed locations and accessibility of fire hydrants; and, offered to review additional proposals that the applicant might provide. Council comments included the following topics: red marked curb for traffic safety; Item 3 on CUP Findings regarding adverse affect on adjacent properties; request for comments from the appellants and applicants to focus on the proposed revised conditions; review of parking regulations; elimination of restricted evening use of Barrett Hall; landscaping for screening; formulation of a Trust Fund of 5% of the total project budget for landscaping; the origination of the 45 decibel level; and, clarification of the requirement for a Special Use Permit when 25% of the parking spaces are to be used for any event. Councilman Long moved, seconded by Councilman Stern, to allow appellants and applicants a total of one hour each for presentation to use as they see fit. Without objection, Mayor Pro Tem Wolowicz so ordered. Councilman Long clarified that decisions were only to be made by a quorum of the City Council at public meetings. Councilman Stern noted for the record that he had spoken with both parties on Friday. Mark Easton, spokesperson for the appellants, Rancho Palos Verdes, stated that the appellants have concerns regarding the proposed expansion of St. John Fisher and significant adverse impacts on surrounding neighbors with regard to location, height, mass, landscaping, parking, traffic, lighting, and noise. He requested consideration of their request for an EIR, and presented appellant requests to lessen impacts to the neighborhood. Council questions included the following issues: clarification of the appellants' position on evening usage of Barrett Hall; landscaping to screen the view of the buildings; Special Use Permit requirements for an event that would occupy 25% or more of the parking space on the site; location of the church further back on the property; frequency City Council Minutes December 16, 2008 Page 5 of 13 of the ringing of bells; lighting of the steeple; and, clarification on the request for a Tryst g g g � Deposit of 5% of the total project cost to be held for landscaping. Bruce Butler, Rancho Palos Verdes, stated that Mark Easton had spoken for the appellants and waived his right to speak. Cathy Nichols, Rolling Hills, reported that she commutes through the neighborhood and opined that an EIR was appropriate due to the size of the development in a residential neighborhood with many potential impacts, including traffic, the use of bells, outside speakers, excessive lighting, and the effect on property values and the quality of life. Spencer Karpf, Rolling Hills, demonstrated two different 3 watt flashlights, one of 83 lumens versus the 6300 lumens for the proposed lighting, noting that the lighting would be extremely intrusive at night. RECESS AND RECONVENE: Mayor Pro Tem Wolowicz called a brief recess from 9:37 P.M. to 9:47 P.M. Msgr. David Sork, St. John Fisher, Rancho Palos Verdes, reviewed the steps of the process that led to this hearing; assured the Council that they had been in complianc0 with requests for studies and reviews; explained the selection of the location of the n w sanctuary, including the location and height of the tower; addressed the chiming of bells; reviewed the parking during the week, weekends, and holidays, noting that parking is never a problem; referred to the Church's table of attendance of October 2008; and, commented on the need for stairs for those who walk to church, noting th t the location was necessary for Fire Department access. Shelly Hyndman, architect, St. John Fisher, presented a rebuttal of statements submitted by the appellant; provided information regarding the process used to arrive at new silhouette images and the reasoning behind the project design as currently proposed; provided a PowerPoint presentation comparing the appellants' silhouette renderings to the a pp licants' renderings; reported that the a pp licant was willing to adci a condition to pay for up to $18,500 for the street trees along the public right of way to shield views of the Church from Island View neighborhood homes; provided a presentation of the demolition plan; explained the architectural and financial infeasibil ty of the appellants' site plans; addressed the appellants' submitted conditions including the number of and frequency of parking reviews, stairs at the intersection, design modification, landscape plan, number of parking spaces, and time restriction for lighting; sound restrictions; and, referred to the mitigation monitoring program. Council questions and discussion included the following issues: the length of time for the proposed trees to reach maturity in order to screen the church from nearby neighborhoods; positioning of lighting and strength of illumination of the exterior wall and steeple; a proposition to display alternative light sources once construction is complete within the Mitigation Monitoring Program to agree upon the best solution City Council Minutes December 16, 2008 Page 6 of 13 possible; results of a foot candle analysis for the exterior wall, and a comparison existing street lighting at Crenshaw; the maximum 16 ft. requirement for downward facing lighting on the side of the church; the Fire Department's required turnaround area in the courtyard; confirmation of a condition of no lighting spillover onto abutting property lines; and, compliance to the 50 decibel sound of carillon at property line. Lisa Counts, Rancho Palos Verdes, clarified the purpose of the bells and reiterated the time schedule for the bells to be rung. George Fink, Rancho Palos Verdes, stated that as a home buyer he has always accepted the responsibility to perform due diligence regarding a perspective purchase considering the zoning, existing conditions, and possible future plans in the area. Tom Villardi, Rancho Palos Verdes, reported that he has been a St. John Fisher Church parking lot attendant volunteer for 10 years, explained that the parking lot was rarely full, except for Christmas and Easter services where overflow street parking was used. He noted that street parking was not a good option due to the steepness of the driveway that parishioners have to walk up, and noted that the parking lot was never full during regular masses at St. John Fisher. Ken Dyda, Rancho Palos Verdes, stated that there are no proposed changes in the programs and activities at the parish and compared the issue to a family who wanted to remodel their home, noting that the real issue seems to be the visibility of the church. RECESS AND RECONVENE: Mayor Pro Tem Wolowicz called a brief recess from 11:07 P.M. to 11:15 P.M. Mayor Pro Tem Wolowicz stated that each side would have ten minutes or less for rebuttals. Mark Easton, spokesperson for the appellants, Rancho Palos Verdes, repeated the offer for compromise and responded to the applicants' comments. He asserted that California law required that if the Council believes the appellant had a fair argument concerning any environmental impact with respect to a project, an EIR must be ordered or conditions must be imposed that mitigate those impacts completely. He responded to a question about the maximum on-site parking requirement in Condition 31, noting that considering reasonable assumptions could be made regarding an increase of seating in the sanctuary, which would require a minimum of 500 parking spaces. Msgr. Sork,, St. John Fisher, Rancho Palos Verdes, clarified that there was no intent to reduce the number of masses, disputed that all of the neighbors opposed the project, and explained plans to minimize parking impacts on Christmas and Easter. Shelly Hyndman, architect, St. John Fisher, stated that the Church has compromised and revised the landscape plan to address the neighbor's concerns; and, reported that City Council Minutes December 16, 2008 Page 7 of 13 II alternatives were reviewed regarding the placement of stairs and the ramp, but there were no acceptable alternatives that were compliant with the Fire Code as confirmed by the Fire Department personnel. Mayor Pro Tem Wolowicz closed the public hearing. Council discussion included the followin g issues: verification of the requirements needed to justify an EIR versus a Mitigated Negative Declaration; the City's decision for a Mitigated Negative Declaration made on the basis that the possible significant impacts of the project can be mitigated to the point of insignificance by the proposed conditiorls placed on the project by the Planning Commission, staff, and the applicant; a review of the appellant's slide show evaluating the significance of each item proposed, with emphasis on evergreen landscaping instead of deciduous trees as proposed; clarification that the property is institutionally zoned, not residentially zoned; height and mass of the project; lighting issues and a request for an exterior lighting review; no need for additional overflow parking in the courtyard area; parking issues and the proposec! review of the parking if the number of masses is reduced; evaluation of the placement of the stairs and traffic at the intersection of Crest Road and Crenshaw Boulevard; landscaping issues; restriction of the sound of the bells to be at 50 decibels at the property line; a request for a review of the frequency and length of the bell chiming; and, the establishment of reviews for the project. Councilman Long moved, seconded by Councilman Stern, to 1) Certify the Mitigated Negative Declaration for the project; 2) Adopt the Conditions of Approval as adopted by the Planning Commission with the following exceptions: a)Amend Condition No. 73, os set forth in Msgr. Sork's letter of 12/9/08, to restrict sports activities in the Parish Actiity Center/Gymnasium to 10:00 P.M. without the review of and approval from the Director of Planning, Building and Code Enforcement of a Special Use Permit and bleachers shall not be used in this facility; b) Modify Condition No. 22, as set forth in Msgr. Sork's letter of 12/9/08, with a restriction of outdoor light to 9:00 P.M. instead of 10:30 P.M.; c) Confirm the use of non-deciduous trees at the corner of the St. John Fisher properly; d) Include a landscaping condition requiring the property owner to pay for and mainta n the installation of new street trees along the west side of Crenshaw Boulevard, south of Crest Road and north of the Island View entrance, provided there is individual conserjt by the four neighbors adjacent to the public right-of-way for the installation of trees directly in front of their property; e) Amend Condition Nos. 31, 36 and 39 regarding parking, as set forth in Msgr. Sork's letter of 12/9/08, thereby removing the requirement of 38 seasonal/peak parking spaces within the courtyard located north of Barrett Hall; f) In addition to the reviews set forth in P.C. Resolution No. 2008-35, include additional conditions of approval requiring future reviews of landscaping, lighting, parking and the carillon bells one year after installation and two years after installation, to be duly noticed and reviewed by the City Council; g) Include a condition of approval requiring the future review of parking, at any time in the future, to be duly noticed and reviewed by the City Council, when the number of masses is reduced below four masses for a period of time exceeding three (3) months; h Amend all conditions of a roval relate p g h) approval future reviews before the Planning Commission, to be duly noticed and reviewed b City Council Minutes December 16, 2008 Page 8 of 13 the City Council instead; i) Directed Staff to include a separate agenda item for all future reviews of parking, to review and consider further restrictions to on-street parking at the corner of Crest Road and Crenshaw Boulevard; j) Include a condition of approval requiring a two (2) month review of the sanctuary lighting, after installation; and, k) Direct staff to return with a resolution commemorating Council's action at the next City Council meeting. The motion passed by the following roll call vote: AYES: Long, Stern, and Mayor Pro Tem Wolowicz NOES: None ABSENT: Gardiner and Mayor Clark Mayor Pro Tem Wolowicz thanked the participants for the pleasant manner in which the hearing was conducted. RECESS AND RECONVENE: Mayor Pro Tem Wolowicz called a brief recess from 12:35 A.M. to 12:40 A.M. PAUSE TO CONSIDER THE REMAINDER OF THE AGENDA: REGULAR NEW BUSINESS: Appointment of a City Representative to the Los Angeles County West Vector Control District Board (306) Mayor Pro Tem Wolowicz inquired if Councilman Stern was willing to serve again, and Councilman Stern responded in the affirmative. Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to 1)Appoint Councilman Stern as the representative to the City on the Los Angeles County West Vector Control District Board of Trustees for a new term of office beginning on January 1, 2009, for a two-year term of office; and, 2) Direct staff to notify the District of the Council's decision. Without objection, Mayor Pro Tem Wolowicz so ordered. 2008 Organizational Assessment Final Report Recommendations Matrix (1101) Councilman Long moved, seconded by Mayor Pro Tem Wolowicz, to continue this item to a time when all Council Members could be present. Council discussion ensued and they agreed that if Mayor Clark had any concerns regarding the item he could request that the item be agendized. City Council Minutes December 16, 2008 Page 9 of 13 Councilman Long withdrew his motion and Mayor Pro Tern Wolowicz withdrew his second. Councilman Long moved, seconded by Mayor Pro Tern Wolowicz, to receive and file the report. Without objection, Mayor Pro Tern Wolowicz so ordered. 2009 Council Meeting Schedule (306) Councilman Stern moved, seconded by Councilman Long, to re-schedule the regular meeting of January 20, 2009 to Wednesday, January 21, 2009 at 7:00 P.M. at Hesse Park due to the Presidential Inauguration. Without objection, Mayor Pro Tern Wolowicz so ordered. Councilman Long moved, seconded by Councilman Stern, to establish Saturday, January 31, 2009 for the Community Leaders' Breakfast at 9:00 A.M. and the Tactica Planning Workshop at 11:00 A.M. at Hesse Park. Without objection, Mayor Pro Tern Wolowicz so ordered. Councilman Long moved, seconded by Mayor Pro Tern Wolowicz, to select Saturday, February 21, 2009 at 9:00 A.M. for a City Council Team Building Workshop at the Pt. Vicente Interpretive Center. Without objection, Mayor Pro Tern Wolowicz so ordered. Councilman Long moved, seconded by Mayor Pro Tern Wolowicz, to select Saturday March 21, 2009 at 9:00 A.M. for the Budget Policy Issue Workshops at Hesse Park. Without objection, Mayor Pro Tern Wolowicz so ordered. Mayor Pro Tern Wolowicz moved, seconded by Councilman Long, to select Thursday, May 7, 2009 at 7:00 P.M. for the Budget Review Session at Hesse Park. Without objection, Mayor Pro Tern Wolowicz so ordered. Mayor Pro Tern Wolowicz moved, seconded by Councilman Long, to select Saturday, October 17, 2009 at 9:00 A.M. for the Fall Community Leaders' Breakfast at the Pt. Vicente Interpretive Center. Without objection, Mayor Pro Tern Wolowicz so ordered. City Council Minutes December 16, 2008 Page 10 of 13 Discussion between the Council and staff included concern with the amount of materials required to prepare for the CIP Workshop and agreement that the materials would be provided to the City Council prior to the trip to Sacramento in early January 2009. Councilman Stern moved, seconded by Mayor Pro Tem Wolowicz, to establish Thursday, January 15, 2009 at 7:00 P.M. for the Capital Improvement Plan (CIP) Workshop at Hesse Park. Without objection, Mayor Pro Tem Wolowicz so ordered. Council requested that staff select and inform the Council by way of email of locations for the selection meeting dates. Annual Renewal of Non-Exclusive Commercial Refuse Collection and Disposal Services Agreement - 2009 City Clerk Morreale reported that Councilman Long requested that this item be removed from the Consent Calendar for separate consideration. Council discussion included the following topics: a suggestion to reduce the number of commercial haulers to 11 haulers; a suggestion to eliminate haulers due to inactivity; and, damage to street surfaces by numerous waste hauling trucks. Councilman Long moved, seconded by Councilman Stern, to 1)Authorize the Mayor and the City Clerk to execute one year non-exclusive commercial refuse collection and disposal services agreements for 2009 with: Advanced Waste Systems, Inc.; Allied Waste Services of North America, LLC, dba Allied Waste Services of Gardena; California Waste Services, LLC; CalMet Services, Inc.; Consolidated Disposal Service, LLC; Easy Roll Off Services; JJK Roll-Offs, Inc.; S & H Disposal Company & Recycling Services; Universal Waste Systems, Inc.; USA Waste of California, Inc., dba Waste Management of Los Angeles; and, West Coast Waste & Roll Off Service; 2) ADOPT RESOLUTION NO. 2008-120, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, LIMITING THE NUMBER OF HAULERS AUTHORIZED TO PROVIDE SOLID WASTE COLLECTION AND RECYCLING SERVICES FROM COMMERCIAL PREMISES, AND ROLL OFF SERVICES TO RESIDENTIAL AND COMMERCIAL PREMISES IN THE CITY OF RANCHO PALOS VERDES IN CALENDAR YEAR 2009. The motion passed by the following roll call vote: AYES: Long, Stern, and Mayor Pro Tern Wolowicz NOES: None ABSENT: Gardiner and Mayor Clark Service Agreement with Paetec — Phone and Internet Service Provider City Council Minutes December 16, 2008 Page 11of13 City Clerk Morreale reported that Councilman Long requested that this item be removed from the Consent Calendar for separate consideration. Councilman Long inquired if the modification to the contract was to enable the City to have a separate dedicated Internet Service Provider (ISP) so that the City will have better quality of access to service. Discussion between Council and staff included the following issues: an $8,000 increa e to the phone and Internet service cost; justification for the modification to the contract resulting from increased bandwidth and capacity; reference to a recommendation oft the Organizational Assessment Final Report; and, the City's recent experience of slower file transfer and increased Internet usage. Councilman Stern moved, seconded by Councilman Long, to approve the attached Service Agreement with Paetec Communications for phone and Internet data service7 to the City. AYES: Long, Stern, Mayor Pro Tem Wolowicz NOES: None ABSENT: Gardiner and Mayor Clark Third Amendment to the Agreement to Purchase Additional Acreage to be included in the Palos Verdes Nature Preserve Council discussed the matter and received clarification regarding an intermediate agreement extension date in March 2009 and the later appraisal date as determined by the State, noting the item will be revisited at a later date. Councilman Stern mo v ed, seco n ded by Councilman Long, to a pp rove the Thir d Amendment to the Purchase and Sale, Option and Donation Agreement and Joint Escrow Instructions, so that the Agreement is extended and will be effective through March 31, 2009, and authorize the Mayor to execute the Third Amendment on behalf of the City. AYES: Long, Stern, and Mayor Pro Tern Wolowicz NOES: None ABSENT: Gardiner and Mayor Clark CITY COUNCIL ORAL REPORTS: Councilman Long moved, seconded by Councilman Stern, to defer the City Council Oral Reports to the next meeting. Without objection, Mayor Pro Tern Wolowicz so ordered. COUNCIL DISCUSSION & SUGGESTION OF FUTURE AGENDA ITEMS: City Council Minutes December 16, 2008 Page 12 of 13 None. ADJOURNMENT: At 1:03 A.M., Mayor Pro Tern Wolowicz adjourned the meeting in memory of Kay Bara. (1),0 elP ayor Attest: /,. // City Clerk W:\City Council Minutes\2008\20081216 CC MINS.doc City Council Minutes December 16, 2008 Page 13 of 13