CC MINS 20130806 MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
AUGUST 6, 2013
The meeting was called to order at 6:00 P.M. by Mayor Brooks at Fred Hesse
Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into
Closed Session. The meeting reconvened at 7:06 P.M.
City Council roll call was answered as follows:
PRESENT: Duhovic, Knight, Misetich and Mayor Brooks
ABSENT: Campbell (excused)
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; Joel Rojas, Community Development
Director; Les Jones, Interim Director of Public Works; Ron Dragoo, Senior Engineer;
Andy Winje, Associate Engineer; Abigail Harwell, Assistant Planner; and, Carla
Morreale, City Clerk.
FLAG SALUTE:
The Flag Salute was led by resident Jeanne Lacombe.
MAYOR'S ANNOUNCEMENTS:
Mayor Brooks announced the following: 1) A special birthday celebration for RPV's
Longest Living Resident, Bonita Zigrang, who recently celebrated her 109th birthday;
2) The Lomita Sheriff Station's participation (on August 6, 2013) in the National Night
Out Program in various neighborhoods; 3) The Founders Day Event to be held on
September 7, 2013, in celebration of the City's 40th Anniversary at Trump National Golf
Club; and, 4) A new batch of over 2200 Recycler of the Month Cards recently received
for the Recycler of the Month drawing.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Brooks announced Recyclers of the Month from the July 16, 2013 City Council
meeting: Doug Hinchliffe and Marilyn Long. She 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. She 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.
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August 6, 2013
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APPROVAL OF THE AGENDA:
Mayor Brooks reported that Councilman Campbell had requested that Item 2 (Adoption
of Addendum No. 6 to a Negative Declaration for Ordinance No. 510 and Introduction of
an Ordinance to amend Rancho Palos Verdes Municipal Code (RPVMC) Chapter
17.76.030(F) —Arterial Walls and Fences [Case No. ZON2012-00355]) be moved down
on the agenda, since he anticipated being late to the meeting.
Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to approve the
agenda, as amended, with Item 2 (Adoption of Addendum No. 6 to a Negative
Declaration for Ordinance No. 510 and Introduction of an Ordinance to amend Rancho
Palos Verdes Municipal Code Chapter 17.76.030(F) —Arterial Walls and Fences [Case
No. ZON2012-00355]) moved down on the agenda.
The motion passed on the following roll call vote:
AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Campbell
PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda)
Minas Yerelian, Rancho Palos Verdes, provided comments regarding the Value Change
Order staff reports of May 21 and July 16, 2013 and opined there were fabrications in
each report.
CITY MANAGER REPORT:
City Manager Lehr introduced Senior Administrative Analyst/Emergency Coordinator
Tracy Bonano who participated in emergency preparedness and response training
sponsored by Federal Emergency Management Agency (FEMA) at the National
Emergency Training Center in Emmitsburg, Maryland on July 22-26, 2013. She added
that Ms. Bonano was selected to serve as the Manager of the Emergency Operations
Center during the training and reported on the receipt of a complimentary note from the
Chief Trainer of FEMA.
Senior Administrative Analyst Bonano provided a brief report on the week long
Earthquake Preparedness and Response Training.
Diana Feinberg, Vice Chair, Emergency Preparedness Committee, conveyed her
congratulations to Ms. Bonano for her stellar job at the seminar, noting that it was rare
to receive such accolades from a Training Chief of FEMA. She stated that the City has
made great progress regarding emergency preparedness in the event of a disaster, and
provided information regarding the Emergency Preparedness Committee's emergency
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August 6, 2013
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preparedness outreach and educational presentations which are available to
Homeowners Associations, community groups, and civic organizations.
City Manager reported on the following items: 1) Current construction along Palos
Verdes Drive East by AT&T, to be followed by substantial utility upgrades, and
preparatory work including root repairs, guardrail upgrades, and asphalt patching to be
followed by roadway paving; 2) A recent letter received from the California Joint Powers
Insurance Authority (CJPIA) regarding their Loss Control Action Plan and interviews and
training to be provided to Council Members and senior staff members; and
3) Cancellation of the August 20, 2013 Regular Council Meeting due to a lack of
business items and lack of a quorum.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item G (Adopt a Resolution Setting Forth the City Council's Approval
of the Transfer of a 5.76 Acre Portion of Deane Dana Friendship Park from the County of
Los Angeles to the City of Rancho Palos Verdes) and there were no requests to speak
regarding Consent Calendar items.
Councilman Misetich moved, seconded by Councilman Knight, to approve the Consent
Calendar as presented.
The motion passed on the following roll call vote:
AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Campbell
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 June 18, 2013 Regular Council Meeting; July 2, 2013
Regular Council Meeting; and July 16, 2013 Regular Council Meeting.
June 2013 Monthly Report of Cash Balances
Received and filed the June 2013 Monthly Report of Cash Balances for the City of
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August 6, 2013
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Rancho Palos Verdes.
Payment of Parkland Dedication Fee Vesting Final Parcel Map No. 69928
Accepted, via Minute Order, the parkland dedication (Quimby) fee for Final Vesting
Parcel Map No. 69929, pursuant to the City's parkland dedication fee formula in the
amount of$57,276.18.
Request for a Fee Waiver from Planning Application Fees for Two Projects
Proposed by the Los Angeles County Sanitation Districts
Determined that the Los Angeles County Sanitation Districts' proposed projects to
install an emergency generator at its Abalone Cove Sewer Pumping Plant and address
an exposed main trunk sewer line at the Trump National Golf Club site would "provide
a substantial benefit to the public" and waived the planning application fees associated
with each project.
Authorize Memoranda of Understanding with Peninsula Agencies for
Development of the Enhanced Watershed Management Program in Compliance
1) Approved a Memorandum of Understanding between the Peninsula Enhanced
Watershed Management Program (EWMP) Agencies in order to begin collaborative
work on the EWMP for the new stormwater quality MS4 permit requirements;
2) Approved a Memorandum of Understanding between the Peninsula Coordinated
Integrated Monitoring Program (CIMP) Agencies in order to begin collaborative work
on the CIMP for the new stormwater quality MS4 permit requirements; and,
3) Authorized the Mayor and City Clerk to execute the MOUs on behalf of the City.
Adopt a Resolution Setting Forth the City Council's Approval of the Transfer of a
5.76 Acre Portion of Deane Dana Friendship Park from the County of Los Angeles
to the City of Rancho Palos Verdes (Supports 2013 City Council Goal No. 2: San
Ramon Canyon Project)
ADOPTED RESOLUTION NO. 2013-49, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, MEMORIALIZING THE CITY COUNCIL'S
APPROVAL OF THE TRANSFER OF A SMALL PORTION OF THE DEANE DANA
FRIENDSHIP PARK FROM THE COUNTY OF LOS ANGELES TO THE CITY OF
RANCHO PALOS VERDES, WHICH WAS AUTHORIZED PREVIOUSLY BY THE CITY
COUNCIL ON JULY 16, 2013.
Register of Demands
ADOPTED RESOLUTION NO. 2013-50, 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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August 6, 2013
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Palos Verdes Nature Preserve — Landowner Agreement for the Coastal Program
Grant Application for Abalone Cove Reserve (Supports 2013 City Council Goal —
Trail System Enhancement) [Note: Also on the Successor Agency agenda]
1) Authorized the Mayor to execute a Coastal Program Landowner Agreement between
the City of Rancho Palos Verdes ("CITY"), the Successor Agency to the Rancho Palos
Verdes Redevelopment Agency ("SA"), the Palos Verdes Peninsula Land Conservancy
("PVPLC"), and the U.S. Fish and Wildlife Service ("Service") for grant funds that
support habitat restoration and trail enhancement at Abalone Cove Reserve, a subarea
of the Palos Verdes Nature Preserve; and, 2) Authorized the City to contribute up to
$1,000 if Staff work as in-kind services in support of this grant agreement.
Approved the Minutes of the May 7, 2013 Regular Council Meeting.
# # # # # #
PUBLIC HEARINGS:
Adoption of Annual Conformance Resolution Certifying Compliance with the Los
Angeles County Congestion Management Program (CMP)
City Clerk Morreale reported that notice of the public hearing was duly published, no
written protests received, and there were no requests to speak regarding this item.
Mayor Brooks declared the public hearing open.
Community Development Director Rojas provided a brief report regarding this item.
Mayor Brooks declared the public hearing closed.
Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to: ADOPT
RESOLUTION NO. 2013-51, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, THEREBY ADOPTING THE CITY'S 2013 LOCAL
DEVELOPMENT REPORT (LDR) AND SELF-CERTIFYING THE CITY'S
CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) FOR
LOS ANGELES COUNTY.
The motion passed on the following roll call vote:
AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Campbell
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August 6, 2013
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Water Quality and Flood Protection Program —Annual User Fee Rate — FY13-14
(Supports 2013 City Council Goal for Public Infrastructure) [Continued from July
16, 2013] (Jones/McLean)
Director of Finance/IT McLean and Interim Director of Public Works Jones provided a
detailed report and PowerPoint presentation regarding the Water Quality and Flood
Protection Program, including Staff's answers to questions raised by the City Council at
its meeting on July 16, 2013. Senior Engineer Dragoo and Associate Engineer Winje
assisted in answering questions raised by the City Council.
Lowell Wedemeyer, Chair, Storm Drain Oversight Committee, Rancho Palos Verdes,
shared a video recording of the violent force of storm water being expelled from the
McCarrell Canyon Storm Drain during both large and small storms. He stated that there
was great importance in the continued collection and proposed increase in the Storm
Drain User Fee (Fee) as a dedicated and reliable source of funding for the City's storm
drain improvements. He added that the need for finance and planning will continue
once the collection of the Fee officially sunsets in 2016.
Ken Dyda, Rancho Palos Verdes, stated that the City is facing a problem that occurred
many years ago. He stated that tonight's report confirms that the Council must consider
funding for ongoing storm drain infrastructure problems. He encouraged the Council to
consider the initiation of an educational community program regarding the funding of
another "Measure C" to start this kind of separate User Fee again.
Elizabeth Sala, Vice Chair, Storm Drain Oversight Committee, Rancho Palos Verdes,
stated that she supports the increase of the Fee to the fullest amount possible based on
the known quantities of storm drain improvements needed in the City. She noted that
the increase in the Fee is modest for the amount of benefit realized from storm drain
projects to protect the public.
Alfred Sattler, Rancho Palos Verdes, commented on the importance of the maintenance
and upgrading of infrastructure and reminded the Council of the failure of the storm
drains along Western Avenue a number of years ago.
Discussion ensued among Council Members, staff, City Attorney Lynch, and Chair
Wedemeyer.
Mayor Brooks declared the public hearing closed.
Councilman Knight moved, seconded by Mayor Brooks, to adopt the staff
recommendation to: 1) Receive, review and file the independent 2013 Annual Report on
the Water Quality and Flood Protection Program prepared by the Oversight Committee
for the storm drain program, dated May 29, 2013; 2) Determine the absence of a
majority protest; and, 3) Determine the rate per ERU for FY13-14 shall be $96.27 as set
forth in the Annual Report, and ADOPT RESOLUTION NO. 2013-52, A RESOLUTION
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August 6, 2013
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OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, FINALLY
ADOPTING A REPORT, AS FILED, IN CONNECTION WITH THE STORM DRAIN
USER FEE ESTABLISHED PURSUANT TO CHAPTER 3.44 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE; DETERMINING THE AMOUNT OF SUCH FEE
FOR FY13-14; AND ORDERING THAT SUCH FEE BE COLLECTED ON THE
COUNTY OF LOS ANGELES TAX ROLL FOR FY13-14.
The motion passed on the following roll call vote:
AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Campbell
RECESS AND RECONVENE:
Mayor Brooks called a brief recess from 8:47 P.M. to 9:02 P.M.
REORDER OF THE AGENDA:
Mayor Brooks inquired as to the number of speakers on Item 2 ( ) and Item 5 (Border
Issues Status Report) and suggested the reordering of the agenda based on the
number of requests to speak regarding Border Issues.
Without objection, Mayor Brooks so ordered.
REGULAR BUSINESS:
Border Issues Status Report
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were 5 requests to speak regarding this item.
Dennis Cavallari, Project Manager, iStar Financial, Los Angeles, provided a report
regarding the Ponte Vista Residential Project proposed for the location on Western
Avenue across from Green Hills Memorial Park.
Barbara Sattler, Rancho Palos Verdes, stated that she submitted comments to the
consultants who prepared the Draft Environmental Impact Report (EIR) raising a
concern regarding emergency ingress and egress along Western Avenue. She noted
the development will completely obstruct their current view of the bridge and
surrounding harbor area and opined that the current zoning should allow for more open
space for native habitat and public recreation.
Noel Weiss, Marina del Rey, raised concerns regarding the safety of the Rancho LPG
tanks facility and potential for accidents at the site. He requested that the City consider
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August 6, 2013
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adopting a resolution to be submitted to the City of Los Angeles and Port of Los
Angeles confronting the current safety issues at the Rancho LPG site.
Jeanne Lacombe, President, Rolling Hills Riviera Homeowners Association (HOA),
Rancho Palos Verdes, stated that she was disappointed in the presentation by the iStar
Financial organization and noted that there has been no contact or outreach by the
organization to the Rolling Hills Riviera HOA. She raised concerns regarding the
increased sewer and electrical use based on the proposed project and opined that the
development should remain R-1 zoned.
Pete Lacombe, Board of Directors, Rolling Hills Riviera HOA, Rancho Palos Verdes,
thanked the Council for its support with a border issue. He noted concerns regarding
the project from the time of the bid proposals and proposed plans from the original
owner (Bisno), and opined that the zoning should remain at R-1.
Alfred Sattler, Rancho Palos Verdes, stated that natural open space is needed on the
Ponte Vista site, noting that there is a natural stream that should be protected at the
location. He opined that the site should be down-zoned as it is not a representation of
smart growth.
Discussion ensued among Council Members and staff.
Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to: 1) Receive and
file the current report on the status of Border Issues; and, 2) ADOPT RESOLUTION
NO. 2013-53, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, EXPRESSING AN OFFICIAL CITY COUNCIL POSITION
OPPOSING THE CURRENT PONTE VISTA PROPOSAL.
The motion passed on the following roll call vote:
AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Campbell
PUBLIC HEARINGS: (continued)
Adoption of Addendum No. 6 to a Negative Declaration for Ordinance No. 510 and
Introduction of an Ordinance to amend Rancho Palos Verdes Municipal Code
(RPVMC) Chapter 17.76.030(F) —Arterial Walls and Fences (Case No. ZON2012-
00355)
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report and late correspondence distributed prior to the
meeting, and there were two requests to speak regarding the item.
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August 6, 2013
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Mayor Brooks declared the public hearing open.
Assistant Planner Harwell provided a brief staff report and PowerPoint regarding this
item.
Roger Bost, Rancho Palos Verdes, raised concerns with the potential compromising of
the integrity of the walls along Hawthorne Boulevard in the Monaco HOA caused by
several events in the past, including trenching by Cox Communications, landscaping by
Monaco HOA, and the addition of irrigation by Monaco HOA.
Jeanne Lacombe, Rolling Hills Riviera HOA, Rancho Palos Verdes, stated that she was
in support of a range of guidelines that homeowners could choose from in order to
achieve more uniform styles and colors of walls along Western Avenue.
Discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to adopt the staff
recommendation to: 1) ADOPT RESOLUTION NO. 2013- , A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ADOPTING
ADDENDUM NO. 6 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510,
FOR A CODE AMENDMENT TO RPVMC SECTION 17.76.030(F) OF THE CITY'S
DEVELOPMENT CODE; 2) INTRODUCE ORDINANCE NO. , AN ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES, AMENDING RPVMC SECTION
17.76.030(F), THEREBY REQUIRING PRIVATELY OWNED REAR AND STREET
SIDE YARD WALLS OR FENCES THAT NEED TO BE REPAIRED AND/OR
REPLACED BY THE PROPERTY OWNER MATCH THE PRE-EXISTING AND
ADJOINING WALL OR FENCE THAT ABUTS THE ADJACENT STREET, WITH THE
EXCEPTION OF CHAIN LIKE FENCING WHICH MUST BE REPLACED WITH A CITY
APPROVED MATERIAL OR NEW UNIFORM TRACT FENCING/WALLS PROPOSED
BY A HOMEOWNERS ASSOCIATION OR NEIGHBORHOOD, AND ADD WESTERN
AVENUE TO THE LIST OF ARTERIAL STREETS UNDER SECTION 17.76.030(F)(5)
(CASE NO. ZON2012-00355); and, 3) Direct Staff to bring back for discussion at a
future City Council meeting the Planning Commission's recommendation that the
Council facilitate the installation of irrigation and landscaping within the City's public
right-of-ways to help screen the patchwork of existing walls and fences along the City's
arterials.
Additional discussion ensued among Council Members, staff, and City Attorney Lynch.
Councilman Misetich withdrew his motion.
Mayor Brooks declared the public hearing closed.
Councilman Misetich moved, seconded by Councilman Knight, to: Direct staff to return
with additional alternatives for Council's consideration at a future meeting.
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August 6, 2013
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The motion passed on the following roll call vote:
AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Campbell
REGULAR BUSINESS: (continued)
Finance Advisory Committee Proposed 2013-14 Work Plan
Director of Finance/IT McLean provided a brief staff report regarding this item.
Councilman Misetich moved, seconded by Councilman Knight, to approve the proposed
2013-14 Work Plan for the Finance Advisory Committee.
The motion passed on the following roll call vote:
AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Campbell
Ordinance No. 546 to Amend Rancho Palos Verdes Municipal Code Chapter
17.76.030 —the Processing of Fence, Wall and Hedge Permits) (Case No.
ZON2012-00346)
Councilman Misetich moved, seconded by Mayor Pro Tem Duhovic, to waive the staff
report and approve the staff recommendation to: Review Staffs proposal to add a
streamlining component to the Fence, Wall and Hedge Permit process that would
reduce fees for some applicants and remand Ordinance No. 546 back to the Planning
Commission to obtain the Commission's feedback on the additional code language.
Discussion ensued among Council Members and staff.
The motion passed on the following roll call vote:
AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Campbell
Purchase of Tax-Defaulted Properties in the Cherry Hill Lane Area
Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to waive the staff report
and adopt the staff recommendation to: Authorize the Mayor and City Clerk to sign an
Agreement to Purchase Tax-Defaulted Property with the Los Angeles County Treasurer
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August 6, 2013
Page 10 of 12
and Tax Collector for two (2) vacant parcels [APNs 7572-004-020 and 7572-008-014]
located in the vicinity of Cherry Hill Lane in the Portuguese Bend Landslide area.
The motion passed on the following roll call vote:
AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Campbell
Senate Bill No. 556 - Corbett
Mayor Brooks provided a brief report and PowerPoint presentation regarding this item.
Mayor Brooks moved, seconded by Mayor Pro Tem Duhovic, to direct staff to prepare a
letter for the Mayor's signature expressing the City's opposition to Senate Bill No. 556
(Corbett).
The motion passed on the following roll call vote:
AYES: Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: Campbell
FUTURE AGENDA ITEMS:
The following item was raised by Councilman Misetich as a future agenda item:
Discussions with Palos Verdes Peninsula Unified School District regarding the use of
recreational facilities.
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings since the last City Council Oral Reports were provided on July
16, 2013.
CLOSED SESSION REPORT:
City Attorney Lynch provided a report regarding the following Closed Session items:
1) With respect to the potential purchase of open space, the Council unanimously
authorized staff to proceed with the proposed purchase of additional open space near
Malaga Canyon, (4-0) with Councilman Campbell absent; and, 2) With respect to the
existing litigation, which is the Joannou v City of Rancho Palos Verdes, a report was
provided and no action taken.
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August 6, 2013
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ADJOURNMENT:
At 10:48 P.M., Mayor Brooks adjourned the meeting.
MK 41'
Mayor
Attest:
City Clerk
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