CC MINS 20140506 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
MAY 6, 2014
The meeting was called to order at 6:00 P.M. by Mayor Duhovic at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. The meeting reconvened at 7:02 P.M.
City Council roll call was answered as follows:
PRESENT: Brooks, Campbell, Misetich and Mayor Duhovic
ABSENT: Knight* (excused)
*Mayor Duhovic noted that Mayor Pro Tem Knight has an excused absence and will be
arriving late to the meeting.
Also present were Carolynn Petru, Acting City Manager; Carol Lynch, City Attorney;
Dennis McLean, Director of Finance; Joel Rojas, Community Development Director;
Michael Throne, Director of Public Works; Eduardo Schonborn, Senior Planner; and,
Carla Morreale, City Clerk.
Also present was Abe Leider, Rincon Consulting.
FLAG SALUTE:
The Flag Salute was led by Councilwoman Brooks.
MAYOR'S ANNOUNCEMENTS:
Mayor Duhovic and the City Council recognized longtime resident and true American
hero, Jack Downhill, for his years of service as a member of the United States Air
Force. Mayor Duhovic provided a brief recap of Col. Downhill's many achievements
and presented him with a Certificate of Recognition.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Duhovic announced Recyclers of the Month from the April 15, 2014 City Council
meeting: Sophie Sokolow and Monika Bauer. He indicated that all winners receive a
check for $250 representing a year of free refuse service and urged everyone to
participate in the City's Recycling Program. He noted that in addition to winning the
Recycler Drawing, the two individuals had also won a Personal Emergency
Preparedness Kit from the City at a value of$60.00.
City Council Minutes
May 6, 2014
Page 1 of 11
APPROVAL OF THE AGENDA:
Councilwoman Brooks moved, seconded by Councilman Misetich, to approve the
agenda, as presented.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
NOES: None
ABSENT: Knight
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Leda Connor, Rancho Palos Verdes, requested the Council's support of a resolution to
overturn the Citizen's United Supreme Court decision in 2010, which determined that
corporations and unions can spend unlimited amounts of money on elections and
super-PACS. She added that the influence of unlimited spending on local, state and
national elections can be stopped by an amendment to the Constitution and urged the
Council to take action on the matter.
Laura Walters, Los Angeles County Fire Department, reported that this is brush
clearance season; urged residents to call if they see evidence of a fire and not to
assume the Fire Department already knows about the fire; and reminded the public of
the Los Angeles County's "Ready! Set! Go!" action plan to help residents prepare for a
fire emergency.
CITY MANAGER REPORT:
Acting City Manager Petru introduced the City's new Information Technology Manager,
Dan Landon, and provided a brief recap of his resume and achievements.
Acting City Manager Petru provided announcements regarding the following events:
1) A free Household Hazardous and Electronics Waste Round Up to be held at the RPV
Civic Center on Saturday, May 10, 2014; and, 2) May is Building Safety Month and the
City will host an Energy Conservation & Green Building Workshop on Wednesday, May
14, 2014 at the City Hall Community Room.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item No. H (Adoption of Ordinance No. 556 - An Ordinance of the
City of Rancho Palos Verdes, Adding New Chapter 2.48 to Title 2 of the Rancho Palos
Verdes Municipal Code Regarding Open Public Employee Negotiations and the
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May 6, 2014
Page 2 of 11
Procedure for Adopting or Amending a Memorandum of Understanding between the
City and an Exclusively Recognized Employee Organization [The RPV "OPEN
Ordinance]) and read the title of the Ordinance into the record.
Councilman Misetich moved, seconded by Councilwoman Brooks, to approve the
Consent Calendar, with Item F (Award Construction Contract and Professional Services
Agreement for Ryan Park Southern Entrance Realignment and Parking Lot Expansion
Project) removed from the Consent Calendar for separate consideration.
Councilman Campbell offered an amendment to the motion, requesting that Item E
(Award of Contract for Salvation Army Trail Improvement Project) be removed from the
Consent Calendar for separate consideration. The maker and seconder of the motion
accepted the amendment.
The motion as amended was the following: Councilman Misetich moved, seconded by
Councilwoman Brooks, to approve the Consent Calendar, with Item E (Award of
Contract for Salvation Army Trail Improvement Project) and Item F (Award Construction
Contract and Professional Services Agreement for Ryan Park Southern Entrance
Realignment and Parking Lot Expansion Project) removed from the Consent Calendar
for separate consideration.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
NOES: None
ABSENT: Knight
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 Minutes
Approved the Minutes of the April 15, 2014 Adjourned Regular Meeting (Interviews).
Register of Demands
ADOPTED RESOLUTION NO. 2014-26, 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.
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May 6, 2014
Page 3 of 11
March 2014 Monthly Report of Cash Balances
Received and filed the March 2014 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
Award of Contract for Salvation Army Trail Improvement Project (Supports 2014
City Council Goal No. 2, Public Infrastructure)
This item was removed from the Consent Calendar for separate consideration.
Award Construction Contract and Professional Services Agreement for Ryan Park
Southern Entrance Realignment and Parking Lot Expansion Project (Supports
2014 City Council Goal No. 2, Public Infrastructure)
This item was removed from the Consent Calendar for separate consideration.
Citywide Landscaping and Lighting Maintenance District Project (Supports 2014
City Council Goal of Government Efficiency, Fiscal Control, and Transparency)
1) ADOPTED RESOLUTION NO. 2014-27, A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF RANCHO PALOS VERDES, INITIATING PROCEEDINGS FOR THE
LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR FY 2014-15
AND ORDERING THE PREPARATION OF AN ENGINEER'S REPORT PURSUANT
TO THE LANDSCAPING AND LIGHTING ACT OF 1972, PART 2 OF DIVISION 15 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE; 2) ADOPTED RESOLUTION
NO. 2014-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, APPROVING THE ENGINEER'S REPORT IN CONNECTION WITH
THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITYWIDE
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR FY 2014-15;
and, 3) ADOPTED RESOLUTION NO. 2014-29, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF RANCHO PALOS VERDES, DECLARING THE CITY
COUNCIL'S INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN THE
CITYWIDE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) FOR
FY 2014-15 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE,
AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO.
Adoption of Ordinance No. 556 - An Ordinance of the City of Rancho Palos
Verdes, Adding New Chapter 2.48 to Title 2 of the Rancho Palos Verdes Municipal
Code Regarding Open Public Employee Negotiations and the Procedure for
Adopting or Amending a Memorandum of Understanding between the City and an
Exclusively Recognized Employee Organization (the RPV "OPEN Ordinance")
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May 6, 2014
Page 4 of 11
ADOPTED ORDINANCE NO. 556, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, ADDING NEW CHAPTER 2.48 TO TITLE 2 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE REGARDING OPEN PUBLIC EMPLOYEE
NEGOTIATIONS AND THE PROCEDURE FOR ADOPTING OR AMENDING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND AN
EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION (THE RPV "OPEN
ORDINANCE").
Award Construction Contract for the Blackhorse CDBG Access Ramps —ADA
Compliance Project— Phase II
1) Awarded a construction contract to Victor Concrete in the amount of$38,000 for the
Blackhorse Road CDBG Access Ramps ADA Compliance project; 2) Authorized staff to
utilize an additional 10% ($4,000) for contingency; and, 3) Authorized the Mayor and
City Clerk to execute the agreement.
Amend the Contract with KOA Corporation for Construction Management
Services- San Ramon Canyon Flood Reduction Project
Approved an increase to the contract awarded to KOA Corporation in the amount of
$24,000 for potential changes in construction management scope and $86,000 for
contractor-reimbursements with a not-to-exceed total of $110,000, for Construction
Management services in relation to the San Ramon Canyon Flood Reduction Project.
# # # # # #
PUBLIC HEARINGS:
Final Environmental Impact Report(Final EIR) and Code Amendment for the Zone
2 Landslide Moratorium Ordinance Revisions (Case No. ZON2009-00409);
Location: "Zone 2" of the City's Landslide Moratorium Area [Continued from April
15, 2014]
City Clerk Morreale reported that this public hearing was continued from April 15, 2014,
and written protests were included in the staff report and late correspondence
distributed prior to the meeting.
City Attorney Lynch provided a brief overview and historical recap of the legal
background and decisions that were made in the Court of Appeal regarding the Monks
v. City of Rancho Palos Verdes case applicable to the Monks lots located in the Zone 2
section of the Landslide Moratorium area.
Senior Planner Schonborn provided a detailed staff report and PowerPoint presentation
regarding this item.
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May 6, 2014
Page 5 of 11
Abe Leider, Project Manager, Rincon Consultants, provided a summary report and
PowerPoint presentation regarding the most recent phase of the California
Environmental Quality Act (CEQA) Environmental Review Process for the Zone 2
Landslide Moratorium. He noted the Draft EIR was circulated and comments received
during a period of 60 days. He highlighted the issues that were studied, mitigation
measures that were identified, and concerns that were raised in the 36 comment letters
received by the City regarding the Draft EIR. He noted that the concerns focused on
the following issues: hydrology and water quality; geology; transportation and
circulation, and cumulative impacts. He summarized the EIR revisions and reviewed
the CEQA alternatives that were considered.
Discussion ensued among Council Members, staff and the consultant.
Robert Maxwell, Rancho Palos Verdes, stated that he had the following concerns
regarding the Draft EIR: 1) the drains are not adequate, which creates a geologic
hazard; 2) the water runoff from Alta Mira Canyon and the water from the active
landslide area; 3) the potential loss of money through lawsuits; 4) there is a long history
of land movement along the coastal area; 5) the Portuguese Bend landslide is
metastable, and the new lots will be the same; 6) the Horan settlement was a large
expensive for Los Angeles County in the past, and building in the same area is not
geologically sound; and, 7) there are compelling arguments against development in a
landslide area, such as lawsuits, the area is a known active landslide area in which
previous municipalities have lost money from real estate affected by landslides.
Stuart Miller, legal counsel, Portuguese Bend Community Association, reported that he
would summarize the points raised in his letter, which he submitted prior to the meeting.
He stated that the purpose of an EIR is for the City to identify the significant impacts and
how to mitigate them, a task which may not be delegated to staff or the consultant. He
noted the most important concerns regarding the FEIR were the following: 1) Hydrology
and erosion issues; 2) Impact of pollution caused by runoff from impermeable surfaces
and the amount of impermeable surfaces; 3) Decisions are to be made on a lot by lot
basis and not on a programmatic basis applicable to the project; 4) Development above
the landslide area that causes additional runoff into the area; 5) Impacts on the roads in
Portuguese Bend; and, 6) The projection that, in an emergency, vehicles will be exiting
Narcissa Drive at a rate of 3 vehicles per second. He commented on the Monks case
and noted that it has zero applicability to the 31 lots under discussion with this
application. He added that the statute of limitations for the 31 lots expired 12 years ago.
Marianne Hunter, Rancho Palos Verdes, stated that the points being brought up now
were the same points raised prior to the Monks case. She commented on concerns
regarding land stability, water flow, hydrology, and water entering the landslide area
from the City of Rolling Hills, noting that the EIR is a compilation of best guesses and
wishful thinking. She added that there is no proof the suggested mitigation measures
will work and challenged the Council to look at the facts for the needs and safety of the
residents.
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May 6, 2014
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Robert Halderman, Rancho Palos Verdes, stated that he has watched Alta Mira Canyon
get deeper and deeper over the years due to runoff from the immediate community and
adjacent cities. He inquired if there was a repair plan to mitigate the Alta Mira Canyon
issues in the near future, noting that a 100 year storm will take out Narcissa Drive, and
debris will take out portions of the main highway and affect traffic on the Peninsula.
Vicki Pinkham, Rancho Palos Verdes, stated that her property is the Gatehouse at
Narcissa Drive, which has Alta Mira Canyon located on it. She reminded the Council of
the video of the rushing water in Alta Mira Canyon and images of trucks that pass very
close to their home. She stated that neither she nor her husband support certifying the
Final EIR, since they opine the EIR does not adequately address the loss of property
due to the erosion of Alta Mira Canyon and the destruction to their home near the
entrance of Narcissa Drive caused by oversized construction trucks hired for the Monks
building entitlements. She continued that without proper mitigation measures their
home and bodies are in existing imminent danger.
Cassie Jones, Rancho Palos Verdes, stated that the reason for the EIR was to avoid
litigation, which is not likely to be the best reason to do anything. She noted concerns
with runoff and drainage problems, hydrology, storm drains, infrastructure, fire exit
times, and the underlying unstable geology of the area. She noted that stop lights could
be put in as a mitigation measure, which was recommended against due to aesthetic
concerns. She added she was not in favor of a one month extension to respond to
additional input received from the public; was not in favor of the Council certifying the
EIR presented; and opined that a smaller project might be a viable option.
Lewis Enstedt, Rancho Palos Verdes, commented on a CD of two videos that he
delivered to the City, which he filmed in December 2010 of the upslope lots directly
across the street from his residence. He reported that one video shows that after a
heavy rain the ground which was completely saturated shows hardly any water coming
off of the lots; while another video clip illustrates massive amounts of water being
directed from the hardscape on the property to the streets in Portuguese Bend area
after the development of a property. He added that the video demonstrates the impacts
of increased building without proper mitigations.
Jack Downhill, stated that his property is 6.94 acres in the upper right corner of Zone 2
and that he has not been treated equitably in this process, and would like his property to
be subdivided and treated equally along with the others. He added that the work of the
Abalone Cove Landslide Abatement District (ACLAD) is the reason the landslide has
not progressed more quickly and commented on the drainage and storm water issues in
Alta Mira Canyon.
Mayor Duhovic read from a recent Administrative Report written by staff regarding the
preparation of a Project Study Report (PSR) for the Alta Mira Canyon Storm Drain
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May 6, 2014
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project. He noted Council is aware of and looking forward to receiving additional
information regarding the Alta Mira Canyon Storm Drain project.
Minas Yerelian, stated that drainage should be required for each lot that is developed in
Zone 2 with the property owner of the individual lot bearing the cost of the drainage
installation. He added that there should be a requirement that for every tree removed
from a lot, another needs to be planted.
Gary Weber, spoke in support of Mr. Downhill, noting that his 6.94 acre parcel is located
at the upper portion of Vanderlip Drive. He stated that there is a consensus regarding
the geology of the area; and as reported in the EIR and in a 1993 report from Perry
Ehlig, lots in Zone 2 could be developed without adversely affecting the stability of the
large ancient landslide. He encouraged a level of fairness and equality from the
ordinance and Zone 2 project. He reported Mr. Downhill has submitted an application
for a moratorium exclusion and noted that the geological studies and borings on Mr.
Downhill's property has been more extensive than that of the Monks lots. He noted that
Mr. Downhill is not requesting extraordinary favoritism but the Council can, with the
ordinance, allow the larger lots to come under the same process as the remaining 31
lots.
Gordon Leon, Rancho Palos Verdes, stated that he is an owner of a Zone 2 lot and
reported that he is the Chair of the Portuguese Bend Community Association
Architecture Committee and noticed the differences in the requirements for the 16
Monks lots as they are being developed. He explained his understanding of the
process, and encouraged the Council to not certify the FEIR until lessons learned can
be collected from the existing development of the Monks lots.
RECESS AND RECONVENE:
Mayor Duhovic called a brief recess from 8:24 P.M. to 8:32 P.M.
Mayor Pro Tem Knight arrived at the meeting at 8:32 P.M.
Mayor Duhovic reported that Mayor Pro Tem Knight has recused himself and left the
dais during the discussion of this item.
Don Christy, Rancho Palos Verdes, provided a recap of John Vanderlip's purchase of
the Vanderlip property in 1977; noting that the top portion of the property has historical
landmarks dating back to 1913 lot when Frank Vanderlip purchased Palos Verdes. He
stated that the family desires a portion of the 5.3 acre property, so that one-quarter of
the property could be retained by the family.
Jim Knight, citizen of Portuguese Bend Community, stated that he was in favor of the
continuation of this item as indicated in the staff recommendation. He noted that Zone 2
has legal, geotechnical, hydrological, and erosion issues; and the Council has heard
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May 6, 2014
Page 8 of 11
requests from the constituents to not make a bad situation worse. He provided
comments regarding the decisions made regarding the Monks case. He noted the staff
report suggested the recommendations would avoid legal liabilities to the City, and
referenced claims for the recent landslides in Oso, Washington. He referenced a book
titled "The Death of Common Sense" which notes that some laws and court actions
condone actions that are contrary to everyday common sense, and encouraged the
Council to use common sense regarding the development of lots in the Zone 2 area.
Discussion ensued among Council Members, City Attorney Lynch, and staff.
Councilwoman Brooks moved, seconded by Councilman Misetich, to continue the public
hearing to June 17, 2014 to allow staff and the consultants to address the additional
comments made by the public and issues raised by the City Council.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Misetich and Mayor Duhovic
NOES: None
ABSENT: Knight (recused)
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Award of Contract for Salvation Army Trail Improvement Project (Supports 2014
City Council Goal No. 2, Public Infrastructure)
City Clerk Morreale reported that this item was removed from the Consent Calendar for
separate consideration by Councilman Campbell.
In response to a question from Councilman Campbell, Director of Public Works Throne
stated that staff would be consider fencing options other than chain link fencing.
Councilwoman Brooks moved, seconded by Mayor Duhovic, to approve the staff
recommendation to: 1) Approve Plans and Specifications for the Salvation Army Trail
Improvement Project; 2) Award a construction contract for the Salvation Army Trail
Improvement project to Bennett Enterprises dba Bennett Landscape in the amount not
to exceed $189,934 and authorize staff to spend an additional 10% contingency in the
amount of$18,993 for unforeseen conditions for a total authorization of $208,927;
3) Authorize the Mayor and City Clerk to execute the construction contract with Bennett
Landscape; and, 4) ADOPT RESOLUTION NO. 2014-30, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING
RESOLUTION 2013-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2013-
14, FOR A BUDGET ADJUSTMENT TO THE CITY'S PARKS, TRAILS AND OPEN
SPACE IMPROVEMENTS PROGRAM IN THE CAPITAL IMPROVEMENT PROJECTS
FUND, IN THE AMOUNT OF $14,985 AND AUTHORIZING EXPENDITURE OF THIS
AMOUNT FOR THE SALVATION ARMY IMPROVEMENT PROJECT.
City Council Minutes
May 6, 2014
Page 9 of 11
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
Award Construction Contract and Professional Services Agreement for Ryan Park
Southern Entrance Realignment and Parking Lot Expansion Project (Supports
2014 City Council Goal No. 2, Public Infrastructure)
City Clerk Morreale reported that this item was removed from the Consent Calendar for
separate consideration by Councilman Misetich.
In response to questions from Councilman Misetich, Director of Public Works Throne
provided an explanation regarding the unique type of construction required, including
the use of soil nail walls to be used to hold-back the concrete walls, which increased the
cost of the project.
Discussion ensued among Council Members and staff.
Councilwoman Brooks moved, seconded by Mayor Pro Tem Knight, to approve the staff
recommendation to: 1) Approve Plans and Specifications for Ryan Park Southern
Entrance Realignment and Parking Lot Expansion project; 2) Award a construction
contract to Tobo Construction, Inc. in the amount not to exceed $641,000, and authorize
a 10% contingency in the amount of$64,100 for unforeseen conditions, for a total
authorization of$705,100; 3) Award a Professional Services Agreement to KOA
Corporation in the amount of$42,500 for the project's construction inspection and
oversight; 4) Authorize the Mayor and City Clerk to execute the above mentioned
agreements; and, 5) ADOPT RESOLUTION NO. 2014-31, A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING
RESOLUTION 2013-43, THE BUDGET APPROPRIATION FOR FISCAL YEAR 2013-
14, FOR A BUDGET ADJUSTMENT TO THE CITY'S PARKS, TRAILS AND OPEN
SPACE IMPROVEMENTS PROGRAM IN THE CAPITAL IMPROVEMENT PROJECTS
FUND, IN THE AMOUNT OF $149,935 AND AUTHORIZING EXPENDITURE OF THIS
AMOUNT FOR ADDITIONAL CONSTRUCTION COSTS OF RYAN PARK SOUTHERN
ENTRANCE REALIGNMENT AND PARKING LOT EXPANSION PROJECT.
The motion passed on the following roll call vote:
AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic
NOES: None
ABSENT: None
City Council Minutes
May 6, 2014
Page 10 of 11
FUTURE AGENDA ITEMS:
The following items were raised by Council Members as future agenda items:
Appointment of a citizen representative to the LAX Community Noise Roundtable
(Brooks)
Proposal for ambulance station on the south side of the City (Brooks)
Staff presentation regarding the process for possible renewal of the Storm Drain User
Fee (Misetich)
Use of the Audit Subcommittee to consider if there should be a third party review of the
Public Works plan scanning project (Duhovic)
CITY COUNCIL ORAL REPORTS:
Each Council Member reported on his/her attendance at various organization and
association meetings since the last City Council Oral Reports were provided on April 29,
2014.
CLOSED SESSION REPORT:
City Attorney Lynch reported that with respect to the potential litigation against the City
listed under the Closed Session, a report was given and no action taken, with all
Council Members present except Mayor Pro Tem Knight who was recused, due to a
conflict of interest.
ADJOURNMENT:
At 9:13 P.M., Mayor Duhovic adjourned the meeting to an Adjourned Regular Meeting
to be held at 6:00 P.M. on May 7, 2014 at Hesse Park to conduct National Incident
Management System Executive Training, which will be a joint meeting with the City of
Rolling Hills and City of Rolling Hills Estates.
,
b Mayor
Attest:
/2/7
City Clerk
W:\City Council Minutes\2014\20140506 CC MINS.doc
City Council Minutes
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