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RPVCCA_CC_DM_2012_12_04_B_CC_Draft_Mins_20121107Draft City Council Minutes November 7, 2012 Page 1 of 13 DRAFT MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING NOVEMBER 7, 2012 The meeting was called to order at 6:00 P.M. by Mayor Misetich at Fred Hesse Community Park, 29301 Hawthorne Boulevard, and was immediately recessed into Closed Session. The meeting reconvened at 7:00 P.M. City Council roll call was answered as follows: PRESENT: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich ABSENT: None 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; Ara Mihranian, Deputy Community Development Director; Siamak Motahari, Senior Engineer; Nicole Jules, Senior Engineer; Bindu Vaish, Associate Engineer; Eduardo Schonborn, Senior Planner; Abigail Harwell, Assistant Planner; and, Carla Morreale, City Clerk. FLAG SALUTE: The Flag Salute was led by Director of Finance/IT Director McLean. MAYOR’S ANNOUNCEMENTS: Mayor Misetich announced that the week of November 12-18, 2012 is Global Entrepreneurship Week and encouraged young people to think creatively and participate in the event. RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING: Mayor Misetich announced Recyclers of the Month from the October 16, 2012 City Council meeting: John Afinowicz and Burton Pizer. 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 Emergency Preparedness Division at a value of $60.00. APPROVAL OF THE AGENDA: B-1 Draft City Council Minutes November 7, 2012 Page 2 of 13 Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the agenda. Mayor Misetich suggested that Item No. 5 (Policy Direction Related to the Update of the City’s Trails Network Plan) be moved up on the agenda to follow immediately after Item No. 1 (Code Amendment to Establish a Procedure for Allowing Hedges Over 42” in Height within the Front Yard Setback of Private Residential Properties and to Simplify the Existing Intersection Visibility Triangle Review Process). Councilwoman Brooks moved, seconded by Councilman Duhovic, to approve the agenda, as amended. Without objection, Mayor Misetich so ordered. PUBLIC COMMENTS: (Audience Comments regarding Items Not on the Agenda) None. CITY MANAGER REPORT: City Manager Lehr reported that a Status Report regarding the Los Angeles County Sanitation District Sewer Pump Station on Western Avenue was provided in the agenda binders, noting that the final paving for that project was projected to be complete in November 2012. Senior Engineer Motahari provided highlights and a PowerPoint presentation of recent improvements at Eastview Park. Deputy City Manager Petru announced the opening of the newly created Rancho Caninos Dog Park located at the Pt. Vicente Park/Civic Center. City Manager Lehr provided clarification regarding the appropriate use of City vehicles by employees, noting plans for the City’s logo to be placed on its vehicles. City Manager Lehr announced the receipt of a $487,600 Highway Safety Improvement grant for improvements along Palos Verdes Drive East between Bronco Drive and Headland Drive obtained through the efforts of Senior Engineer Jules, and the City’s grant consultants Destin Blais and Andrea Owen of Blais & Associates. NEW BUSINESS: APPROVAL OF CONSENT CALENDAR: City Clerk Morreale reported that late correspondence was distributed prior to the meeting regarding Item D (Rejection of Bids Received for Rancho Palos Verdes California Coastal Trail Project), Item H (Employee Health Insurance Premiums for 2013), Item J (Register of Demands) and Item K (Pick Up Resolution for Employee Contributions to Pension Plan); staff was requesting that Item L (Introduction of Ordinance – Massage Establishments and Technicians Ordinance) be removed from the agenda; and, there were requests to speak regarding the following items: Item D B-2 Draft City Council Minutes November 7, 2012 Page 3 of 13 (Rejection of Bids Received for Rancho Palos Verdes California Coastal Trail Project), Item H (Employee Health Insurance Premiums for 2013) and Item K (Pick Up Resolution for Employee Contributions to Pension Plan). Councilwoman Brooks moved, seconded by Councilman Knight, to approve the Consent Calendar, with Items D, H, and K removed from the Consent Calendar for discussion, with these items to be heard immediately after the approval of the Consent Calendar; and Item L removed from the agenda. City Clerk Morreale reported that the motion included the introduction of an ordinance and read the following title into the record: Introduce Ordinance No. 539, an Ordinance of the City of Rancho Palos Verdes, amending Section 2.42.050 of the Rancho Palos Verdes Municipal Code to increase the limit for Level 1 Projects and add a new exception to Level 2 Projects. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: 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. Approval of Minutes Approved the Minutes of the October 2, 2012 Regular Meeting and the October 2, 2012 Special Meeting. Notice of Completion for Eastview Park Playground and Accessibility Improvements Project (Supports 2012 City Council Goal No. 4, Public Infrastructure) 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; 3) Authorized the Director of Public Works to release the 5% retention payment in the amount of $10,962.44 to ZK Construction 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; and, 4) ADOPTED RESOLUTION NO. 2012-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY B-3 Draft City Council Minutes November 7, 2012 Page 4 of 13 OF RANCHO PALOS VERDES, TO ADOPT A YOUTH EMPLOYMENT PLAN FOR THE REGIONAL PARK AND OPEN SPACE DISTRICT EXCESS FUNDS GRANT PROGRAM FOR EASTVIEW PARK PLAYGROUND & ACCESSIBILITY IMPROVEMENTS PROJECT. Rejection of Bids Received for Rancho Palos Verdes California Coastal Trail Project (Supports 2012 City Council Goal No. 10 – City Trail System Enhancement) This item was removed from the Consent Calendar for separate consideration. September 2012 Monthly Report of Cash Balances Received and filed the September 2012 Monthly Report of Cash Balances for the City of Rancho Palos Verdes. Claim Against the City by Cherine Medawar Rejected the claim and directed staff to notify the claimant. Introduction of Ordinance – Increased Uniform Public Construction Cost Accounting Act (UPCCAA) Limit for Level 1 Projects and Adding an Exception for Level 2 Projects INTRODUCED ORDINANCE NO. 539, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING SECTION 2.42.050 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO INCREASE THE LIMIT FOR LEVEL 1 PROJECTS AND ADD A NEW EXCEPTION TO LEVEL 2 PROJECTS. Employee Health Insurance Premiums for 2013 This item was removed from the Consent Calendar for separate consideration. City Council Meeting Schedule Rescheduled the January 2, 2013 Council Meeting to January 29, 2013, the fifth Tuesday of the month. Register of Demands ADOPTED RESOLUTION NO. 2012-80, 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. Pick Up Resolution for Employee Contributions to Pension Plan B-4 Draft City Council Minutes November 7, 2012 Page 5 of 13 This item was removed from the Consent Calendar for separate consideration. Introduction of Ordinance – Massage Establishments and Technicians Ordinance This item was removed from the agenda. # # # # # # ITEM(S) REMOVED FROM THE CONSENT CALENDAR: Rejection of Bids Received for Rancho Palos Verdes California Coastal Trail Project (Supports 2012 City Council Goal No. 10 – City Trail System Enhancement) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. Sunshine, Rancho Palos Verdes, stated that she provided a map in late correspondence regarding her suggested trail changes and staff needs to reconsider the design and expenditure of the grant monies received from the Coastal Conservancy. Discussion ensued among Council Members and staff, with staff noting that approval for an extension of an additional 9 to 12 months on the grant deadline was agreed upon in recent communications with Coastal Conservancy staff members. Councilwoman Brooks moved, seconded by Councilman Knight, to: 1) Reject all bids received for the subject project on September 18, 2012; and, 2) Direct Staff to: a) Modify the scope of work without impacting the essential elements of the project, with the goal of decreasing construction cost; and, b) Upon preparation of the new bid documents, present revised plans, specifications and construction cost estimate for the City Council’s review, at which point the Council may consider rebidding the project and/or a possible increase in the City’s fund contribution for this project. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None Employee Health Insurance Premiums for 2013 City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. B-5 Draft City Council Minutes November 7, 2012 Page 6 of 13 Ken Dyda, Rancho Palos Verdes, inquired if staff is tracking the cost savings of the Health Savings Account (HSA) program where the City pays the employees’ deductible in comparison to the cost of the previous health insurance program offered by the City. Dan Maniaci, Maniaci Insurance Brokers, stated that the City embarked upon the use of an HSA plan because the high deductible Participating Provider Organization (PPO) plan generates a lower premium for the City, which makes good financial sense and saves the City approximately $80,000-$85,000 annually. Councilman Knight moved, seconded by Councilman Duhovic, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2012-81, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, AMENDING THE CITY’S MAXIMUM MONTHLY CONTRIBUTION AMOUNTS FOR EMPLOYEE HEALTH INSURANCE PREMIUMS FOR CALENDAR YEAR 2013. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None Pick Up Resolution for Employee Contributions to Pension Plan City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there was one request to speak regarding this item. Director of Finance/IT McLean provided a brief staff report regarding this item and the request from CalPERS for the adoption of this resolution. Ken Dyda, Rancho Palos Verdes, stated that he has no issue with the pre-tax aspect of the pension program, but was concerned regarding the actual cost of the possible future obligation of the City if employees purchase service credit. He noted this aspect should have been negotiated in the past as part of the pension package, although he acknowledged that the state law could not be modified. Discussion ensued regarding Council Members and staff. Councilman Duhovic moved, seconded by Councilman Knight, to approve the staff recommendation to: ADOPT RESOLUTION NO. 2012-82, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, PROVIDING FOR DEDUCTIONS FROM EMPLOYEES’ COMPENSATION TO QUALIFY FOR PRE-TAX TREATMENT BY DESIGNATING THE DEDUCTIONS AS “PICK-UP” CONTRIBUTIONS MADE BY THE CITY ON BEHALF OF EMPLOYEES TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (PERS). B-6 Draft City Council Minutes November 7, 2012 Page 7 of 13 The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None PUBLIC HEARINGS: Code Amendment to Establish a Procedure for Allowing Hedges Over 42” in Height within the Front Yard Setback of Private Residential Properties and to Simplify the Existing Intersection Visibility Triangle Review Process (ZON2010- 00293) City Clerk Morreale reported that this public hearing was continued from the October 16, 2012 City Council Meeting. Councilman Duhovic moved, seconded by Councilman Knight, to waive the staff report. Without objection, Mayor Misetich so ordered. City Clerk Morreale reported that there were no requests to speak regarding this item. Mayor Misetich declared the public hearing closed. Councilman Duhovic moved, seconded by Councilwoman Brooks, to adopt the staff recommendation to: INTRODUCE ORDINANCE NO. 540, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, THEREBY AMENDING CHAPTERS 17.48.070 (INTERSECTION VISIBILITY TRIANGLE) AND 17.76.030 (FENCES, WALLS AND HEDGES) OF TITLE 17 (ZONING) OF THE CITY’S MUNICIPAL CODE TO ESTABLISH A NEW DISCRETIONARY PERMIT PROCESS TO ALLOW HEDGES ABOVE 42” IN HEIGHT WITHIN THE FRONT YARD SETBACK OF PRIVATE RESIDENTIAL PROPERTIES AND TO SIMPLIFY THE REVIEW PROCESS TO ALLOW IMPROVEMENTS WITHIN THE INTERSECTION VISIBILITY TRIANGLE AREA. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None REGULAR BUSINESS: Policy Direction Related to the Update of the City’s Trails Network Plan – (Supports 2012 City Council Goal – Trail System Enhancement) B-7 Draft City Council Minutes November 7, 2012 Page 8 of 13 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 a brief staff report regarding this item. Sunshine, Rancho Palos Verdes, stated that there is confusion regarding the Conceptual Trails Plan and the Trails Network Plan. She stated that the Conceptual Trails Plan should be comprised of the trails the City would like to keep, and the Trails Network Plan should not dictate who is allowed to use the trails. She opined on the staff recommendations at the request of the Council. Discussion ensued between Council Members and staff. Councilwoman Brooks moved, seconded by Mayor Misetich, to approve staff’s recommendations regarding policy direction on 4 of the 11 recommendations made by the Open Space Planning Recreation and Parks Task Force related to the forthcoming update of the City’s Trails Network Plan, with Staff to consider portions of the Trails Criteria document dated July 4, 2012 for inclusion in the updated Trails Network Plan. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None RECESS AND RECONVENE: Mayor Misetich called a brief recess from 8:35 P.M. to 8:45 P.M. REORDER OF AGENDA: Discussion ensued among Council Members and staff regarding the reordering of the agenda. Urgency Ordinance to Immediately Impose Regulations for Repairing/Replacing Original Tract Fences and Walls along Arterial Streets (ZON2012-00355) (Harwell) City Clerk Morreale reported that there was one request to speak regarding this item. Ken Dyda, Rancho Palos Verdes, stated that this was an opportunity for the City to partner with the affected residents in beautifying the arterials with uniformity in fences and walls and spoke in favor of the use of recycling funds to help in this effort to improve the aesthetics for the benefit of the community. B-8 Draft City Council Minutes November 7, 2012 Page 9 of 13 Assistant Planner Harwell provided a brief staff report regarding this item. Discussion ensued among Council Members and staff. In response to a question from Councilman Duhovic, Community Development Director Rojas stated that the area along Western Avenue would be added to the arterial streets listed in the resolution. Councilwoman Brooks moved, seconded by Councilman Duhovic, to: 1) ADOPT URGENCY ORDINANCE NO. 541U, AS AMENDED TO INCLUDE WESTERN AVENUE TO THE LIST OF ARTERIAL STREETS, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, IMPOSING A MORATORIUM ON THE REPLACEMENT OR REPAIR OF PRIVATELY OWNED FENCES AND WALLS ALONG ARTERIAL STREETS WITHIN THE CITY SO THE CITY CAN ADOPT AN ORDINANCE THAT WILL REQUIRE SUCH FENCES AND WALLS TO BE REPAIRED OR REPLACED WITH WALLS AND FENCES THAT ARE THE SAME HEIGHT, LOCATION, MATERIALS AND COLORS AS THE PRE-EXISTING UNIFORM FENCES OR WALLS; and, 2) Initiate a Code Amendment to amend RPVMC Section 17.76.030(E) to require consistency between walls or fences that are being repaired or replaced and the pre- existing wall or fence. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None PUBLIC HEARINGS (continued): Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing City Clerk Morreale reported that notice of the public hearing was duly published, no written protests received, late correspondence was distributed prior to the meeting, and there were no requests to speak regarding this item. Mayor Misetich declared the public hearing open. City Attorney Lynch provided a brief staff report regarding this item. As there was no requests to speak on the matter, Mayor Misetich declared the public hearing closed. Councilman Duhovic moved, seconded by Councilman Knight, to: ADOPT RESOLUTION NO. 2012-83, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL B-9 Draft City Council Minutes November 7, 2012 Page 10 of 13 OF THE CITY OF RANCHO PALOS VERDES, APPROVING THE ISSUANCE OF THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE REFUNDING BONDS, SERIES 2012 (EPISCOPAL COMMUNITIES & SERVICES) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $85,000,000 FOR THE PURPOSE OF REFINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF CONTINUING CARE RETIREMENT COMMUNITIES FOR EPISCOPAL COMMUNITIES & SERVICES AND OTHER MATTERS RELATING THERETO. The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None REGULAR BUSINESS: Draft Environmental Impact Report (Draft EIR) for the Zone 2 Landslide Moratorium Ordinance Revisions (Location: “Zone 2” of the City’s Landslide Moratorium Area) City Clerk Morreale reported that late correspondence was distributed prior to the meeting and there were twelve requests to speak regarding this item. Councilman Knight recused himself from discussion of this item and left the dais at 8:58 P.M., due to the proximity of his residence to the Zone 2 Landslide Moratorium Area. Senior Planner Schonborn provided a detailed staff report and PowerPoint presentation regarding this item. Jeremy Davies, Rancho Palos Verdes, stated that he has concerns regarding hydrology and development; removal of landscaping in preparation for development; need for additional storm drain facilities; poorly maintained road resurfacing; traffic and other impacts of construction equipment on the existing roads; and inquired if ACLAD had been consulted and were in agreement with the mitigation measures that were included in the EIR. Robert Maxwell, Liaison, Portuguese Bend Community Association, Rancho Palos Verdes, stated that the following issues are problematic: the Altamira Canyon slippage; legal liability for future inevitable slide damage to the Monks properties; liability of outside water sources; and, concern regarding runoff from Altamira Canyon. He reminded the Council of a resident in Palos Verdes Estates who successfully sued the City so he could build a home on his lot and when that home was damaged by a landslide he successfully sued and won. He raised issues regarding the stability of the ancient landslides in Portuguese Bend and Abalone Cove. B-10 Draft City Council Minutes November 7, 2012 Page 11 of 13 Cassie Jones, Rancho Palos Verdes, stated that she believes the scope of the project was inadequate because Zone 2 does not exist in a vacuum. She noted concern with the hydrology section of the EIR, which is based on the design of a 70-year old storm drain system and prior to the reactivation of the Abalone Cove and Portuguese Bend landslides. Jim Knight, Rancho Palos Verdes, speaking as a private citizen, stated that he has concerns regarding the following: lack of a quantifiable standard to determine the factor of safety risks; deficiency of Altamira Canyon to handle rain water; mitigation measures for impervious surfaces; infusion of water into the toe of the Abalone Cove Landslide; and, the ability of the hold harmless agreement to stand up in court. Robert Cumby, Board Member, Portuguese Bend Community Association, Rancho Palos Verdes, stated that the Draft EIR understates the effectiveness of Altamira Canyon in its current condition, noting the continuing erosion of the canyon. He stated that although the 47 homes in the Monks settlement were in the original development plan over 60 years ago, the infrastructure was designed for that time period and does not allow for the additional water intrusion that has developed from the development of lots above Portuguese Bend. He added that the traffic and road study focused on the surrounding areas and not the community itself. Daniel Pinkham, Rancho Palos Verdes, shared a video illustrating the flow of water into Altamira Canyon near his home during a typical rainstorm and added that he has lost 60 feet of property in the last few years due to runoff drainage from rain. He expressed concern regarding additional loss of property due to the development of additional lots in the community. Vicki Pinkham, Rancho Palos Verdes, stated that they have witnessed significant negative impact on their home and property due to the existing construction of additional lots in the Portuguese Bend Community Association. She noted that her home is 27 inches from the road and the noise and pollution from large trucks affect their home, noting the historical entrance wall has been hit by a large cement truck. She added that the wall was demolished and never reconstructed. She commented on fire safety concerns as a result of the narrow road at the Narcissa entrance. Michael Chiles, Rancho Palos Verdes, stated that there was a drainage study report regarding Altamira Canyon completed in 1972. He added that since 1972 additional developments have occurred above Altamira Canyon resulting in water drainage into the canyon and commented on problems regarding groundwater infiltration into the canyon. Marianne Hunter, Rancho Palos Verdes, stated that the Pinkham’s video illustrated how the storm water was not able to travel down the drainage system due to the volume and rate of speed of the water. She continued that there was discussion in the community B-11 Draft City Council Minutes November 7, 2012 Page 12 of 13 that the City is relying on the roads to serve as the drainage system for the community; but noted that the addition of water to the area is problematic and that the roads cannot serve as a drainage system. She added that she had concerns regarding additional traffic in the community. Gordon Leon, Rancho Palos Verdes, stated that he was speaking as a private citizen and not as a Planning Commissioner, noted that the scope of the EIR does not include the surrounding areas, including Altamira Canyon and the Narcissa Drive access through Zone 5, which is directly adjacent to Zone 2. He noted that the main structural flaw of the EIR was the analysis of the effect of water on the landslide. He added that he had concerns regarding the load of rainwater on the roads, which serve as the storm drainage system for the area. Monika Bauer, Rancho Palos Verdes, stated that she has been a resident in the Portuguese Bend area since 1998, and shared the experiences she and her family have had in her home as a result of several rainstorms in the area. She recommended the need for a more thorough EIR study and the need for improved roads in the area. Joan McClellan, Rancho Palos Verdes, stated that she reviewed the map associated with the EIR which indicated the locations of storm drains, yet she could not find the storm drain at Cinnamon Lane and Narcissa Drive which was indicated to be present. She questioned whose liability it would be if there were problems related to additional water as a result of the development of homes. Comments were received regarding the Draft Environmental Impact Report (Draft EIR) for the Zone 2 Landslide Moratorium Ordinance Revisions from the general public and the City Council. Councilman Knight returned to the dais at 9:50 P.M. City’s 40th Anniversary Plans City Clerk Morreale reported that there was one request to speak regarding this item. Ken Dyda, Rancho Palos Verdes, suggested that during the 40th Anniversary celebration, the City take the opportunity to highlight some of the founding principals of the City for those who were not present at the City’s incorporation. City Manager Lehr provided a brief report regarding the early plans for the City’s 40th Anniversary celebration. Discussion ensued among Council Members and staff. Councilman Knight moved, seconded by Councilwoman Brooks, to receive and file the report. B-12 Draft City Council Minutes November 7, 2012 Page 13 of 13 The motion passed on the following roll call vote: AYES: Brooks, Campbell, Duhovic, Knight, and Mayor Misetich NOES: None ABSENT: None FUTURE AGENDA ITEMS: None. 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 October 18, 2012. Mayor Misetich left the meeting at 10:20 P.M. CLOSED SESSION REPORT: City Attorney Lynch reported that with respect to the potential litigation item based on claim file by Cherine Medawar, a report was provided and no action was taken. She stated that the claim was denied in Open Session as part of the Consent Calendar. ADJOURNMENT: At 10:22 P.M., Mayor Pro Tem Campbell adjourned the meeting to 6:00 P.M. on Monday, November 12, 2012 at Fred Hesse Community Park for an Adjourned Regular Meeting. ___________________ Mayor Attest: ___________________ City Clerk W:\City Council Minutes\2012\20121107 CC MINS draft.doc B-13