RPVCCA_CC_DM_2011_11_15_B_Draft_Mins_20111101
Draft City Council Minutes
November 1, 2011
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DRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
REGULAR MEETING
NOVEMBER 1, 2011
The meeting was called to order by Mayor Long at Fred Hesse Community Park, 29301
Hawthorne Boulevard at 6:00 P.M. and was immediately recessed to Closed Session.
The meeting reconvened at 7:02 P.M.
City Council roll call was answered as follows:
PRESENT: Misetich, Stern, Wolowicz, and Mayor Long
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 (IT); Joel Rojas, Community
Development Director; Tom Odom, Director of Public Works; Ara Mihranian, Deputy
Community Development Director; Nicole Jules, Senior Engineer; Leza Mikhail,
Associate Planner; and, Carla Morreale, City Clerk.
Also present was Andrea Vona, Executive Director, Palos Verdes Peninsula Land
Conservancy.
FLAG SALUTE:
The Flag Salute was led by Vic Quirarte.
MAYOR’S ANNOUNCEMENTS:
Mayor Long announced the Los Serenos Docent Open House to be held on November
12, 2011 from 10:00 A.M. to 3:00 P.M. at Pt. Vicente Interpretive Center, noting the event
was free and open to the public.
Council Member Stern reminded everyone of the General Municipal Election to be held
on November 8, 2011.
RECYCLE DRAWING:
Mayor Long announced Recyclers of the Month from the October 18, 2011 City Council
meeting: David Tsang and Chuck Miller 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.
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APPROVAL OF THE AGENDA:
Councilman Stern moved, seconded by Mayor Pro Tem Misetich, to approve the agenda
as presented.
Without objection, Mayor Long so ordered.
PUBLIC COMMENTS: (For Audience Comments for Items not on the Agenda)
Dave Emenhiser, Rancho Palos Verdes, extended his thanks to the current Council
Members for their many accomplishments over the years.
CITY MANAGER REPORT:
City Manager Lehr reported the low increase of 5% in its health insurance premium rate
for the next contract year (2012) and announced the receipt of a $44,000 premium credit
for the previous year from Blue Shield Insurance.
City Manager Lehr announced a new partnership program with the Recreation and Parks
Department and Palos Verdes Library District called Little Critter Afternoon Tales, which
is a one hour story time offered on the second Wednesday of each month from 1:00 p.m.
to 2:00 p.m. at Hesse Park Community Center.
Vic Quirarte, Past President, Los Serenos and Fran Simon, Vice President, Rancho
Palos Verdes, presented Certificates of Appreciation to the three outgoing Council
Members and a DVD on the new RPVTV Nature Series produced by Junior Docents to
all of the Council Members.
NEW BUSINESS:
APPROVAL OF CONSENT CALENDAR:
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding Item D (Adoption of Ordinance No. 528 – Adoption of the City’s
Updated Zoning Map) and Item K (Appeal of the Planning Commission’s Denial of a
Height Variation and Site Plan Review for a Proposed Second Story Addition to the
Existing Residence Located at 6530 La Garita (Case No. ZON2010-00331), and there
were three requests to speak regarding Item K.
Mayor Long noted that pursuant to the Rules of Procedure, Item K would follow
immediately after the Consent Calendar since there were requests to speak on the
matter.
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Mayor Pro Tem Misetich moved, seconded by Councilman Wolowicz, to approve the
Consent Calendar, as amended.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting with
consent of the waiver of reading deemed to be given by all Council Members after the
reading of the title.
Approval of Minutes
Approved the Minutes of the October 18, 2011 Regular Meeting.
Adoption of Ordinance No. 527 - Code Amendment to Revise and Clarify the
Requirements for the Placement of Temporary Non-Commercial Banners Within
Designated Areas within the Public Street Rights-of-Way
ADOPTED ORDINANCE NO. 527, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, AMENDING SECTION 17.76.050.D OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO REVISE AND CLARIFY THE REQUIREMENTS FOR
THE PLACEMENT OF TEMPORARY NONCOMMERCIAL BANNERS WITHIN
DESIGNATED AREAS WITHIN THE PUBLIC STREET RIGHTS-OF-WAY.
Adoption of Ordinance No. 528 - Adoption of the City’s Updated Zoning Map
ADOPTED ORDINANCE NO. 528, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, ACCEPTING THE CITY’S DIGITIZED UPDATED ZONING MAP AS
THE OFFICIAL ZONING MAP FOR THE CITY OF RANCHO PALOS VERDES.
Claim Against the City by Safeco Insurance Company on Behalf of Insured Kyoko
Minami
Rejected the claim and directed staff to notify Safeco Insurance Company.
September 2011 Monthly Report of Cash Balances
Received and filed the September 2011 Monthly Report of Cash Balances for the City of
Rancho Palos Verdes.
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Appointment of Board Members to the Ridgecrest Ranchos Recreation & Park
District
Appointed Kathy Hesse and Julie Sulman, each to a full four-year term of office, to the
Ridgecrest Ranchos Recreation and Park District Board until December 2015.
Appointment of Board Members to the Miraleste Recreation & Park District
Appointed Keith Harter, Nancy Otto, and Carol Swets, each for a four-year term of office,
to the Miraleste Recreation and Park District Board until December 2015.
Storm Drain Video Inspection and Cleaning Services
Rejected the bid received for the subject project.
Register of Demands
ADOPTED RESOLUTION NO. 2011-86, 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.
Appeal of the Planning Commission’s Denial of a Height Variation and Site Plan
Review for a Proposed Second Story Addition to the Existing Residence Located at
6530 La Garita (Case No. ZON2010-00331)
This item was removed from the Consent Calendar for separate consideration.
Montrose Settlements Restoration Program: Kelp Forest and Subtidal Reef
Restoration
Authorized the Mayor to sign the letter of support for the Montrose Settlements
Restoration Program’s Restoration Plan to restore lost fishing opportunities in and around
the Palos Verdes Shelf through kelp forest and subtidal reef restoration.
# # # # # # #
ITEM REMOVED FROM CONSENT CALENDAR:
Appeal of the Planning Commission’s Denial of a Height Variation and Site Plan
Review for a Proposed Second Story Addition to the Existing Residence Located at
6530 La Garita (Case No. ZON2010-00331)
City Attorney Lynch reported that the Council had received a revised Resolution as part
of the late correspondence regarding this item.
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Community Development Director Rojas highlighted several changes as outlined in an
email and revised resolution included in late correspondence to correct addresses and
clarify the location from which the height of the structure will be measured.
Associate Planner Mikhail read into the record the following additions to the findings on
Page 3 of 10 of the resolution: WHEREAS, on October 18, 2011, the City Council
approved an appeal and overturned the Planning Commission’s decision approving a
Site Plan Review and Height Variation to construct a 131 square foot single-story addition
and a 1,139 square foot second story addition at the property located at 6530 La Garita
Drive. She added that the reason for the change was to note the date of the public
hearing at which the project was approved by the City Council. She noted that the other
changes throughout the resolution clarified the height measurement in the different
sections and conditions; and the condition numbers were corrected throughout the
resolution.
Steve Watson, Rancho Palos Verdes, stated that he had concerns regarding the
following issues: height of the structure which should be 21 feet over grade; location of
property lines in the neighborhood; an oversimplification of some terms in the resolution;
the addition of language to specify the number, size, and locations of the windows; and,
nothing to prevent construction of a mezzanine area on the residence.
Director Rojas stated that there is a condition (Condition No. 9) that the project shall be
built in accordance with the stamped and approved plans, which will specify the location
of the windows and other details.
Paul Hayden, Rancho Palos Verdes, stated that there was an ambiguity in the conditions
of approval of the resolution regarding the height of the windows on the west side and
south windows and requested clarification regarding the height of the clerestory frame of
the window to be at 5 feet 6 inches in height.
Discussion ensued between Council Members and staff. Staff clarified in Condition Nos.
26 and 27 that the bottom of the clerestory window frame shall not be less than 5’-6” as
measured from the interior second story floor.
Mayor Long moved, seconded by Councilman Stern, to: ADOPT RESOLUTION NO.
2011-87, AS AMENDED, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, OVERTURNING THE PLANNING COMMISSION’S DENIAL
AND THEREBY APPROVING, WITH CONDITIONS OF APPROVAL, A NEW FIRST
AND SECOND FLOOR ADDITION FOR THE PROPERTY LOCATED AT 6530 LA
GARITA DRIVE (CASE NO. ZON2010-00331).
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
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NOES: None
ABSENT: Campbell
ABSTAIN: None
PUBLIC HEARINGS:
Revision “YY” to the Trump National Golf Course Project – Proposed Hedge
City Clerk Morreale reported that notice of the public hearing was duly published, written
protests included in the staff report and late correspondence, and there were no requests
to speak regarding this item.
Mayor Long declared the public hearing open.
Discussion ensued between Council Members and staff.
Mayor Long declared the public hearing closed.
Mayor Pro Tem Misetich moved, seconded by Councilman Stern, to adopt the staff
recommendation to: Receive and file the Staff Report and the letter from the Trump
Organization withdrawing their application for Revision “YY”, a proposed hedge at the
western edge of the Driving Range.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
Code Amendment – Minor Miscellaneous Amendments to Title 17 (Zoning) of
the City’s Development Code (Case No. ZON2011-00023)
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 Long declared the public hearing open.
Associate Planner Mikhail provided a brief staff report regarding the proposed minor
miscellaneous amendments to Title 17 of the City’s Development Code. She read into
the record a modification to the language, as suggested by Councilman Stern, regarding
household pets and exotic animals under Section 17 on Page 2-24 of the staff report:
“The keeping of animals that are household pets as defined in Section 17.96.945 and
small domestic animals for non-commercial purposes. Animals that are not household
pets may be permitted pursuant to approval of an Exotic Animal Permit.” She read
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additional language pertaining to Section 18A into the record: “Purpose. The exotic
animal permit is established to permit the keeping of animals that are not household pets,
as defined in Section 17.96.945.” and language pertaining to Section 19 “Household Pet
means dogs, cats, and other domesticated species that are customarily kept as part of a
residential use as determined by the Director. Household pet does not include a large
domestic animal as defined in Section 17.96.080. The Director shall keep a list of
animals that she/he determines to be household pets and make this list available to the
public.
Discussion ensued between Council Members and staff.
As there were no requests to speak regarding this item, Mayor Long declared the public
hearing closed.
Councilman Stern moved, seconded by Councilman Wolowicz, to adopt staff
recommendation to: INTRODUCE ORDINANCE NO. 529, AS AMENDED, AN
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, IMPLEMENTING
VARIOUS MISCELLANEOUS “CLEAN-UP” AMENDMENTS TO TITLE 17 (ZONING) OF
THE CITY’S MUNICIPAL CODE (PLANNING CASE NO. ZON2011-00023).
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
REGULAR BUSINESS:
Marymount College – Parking Management Strategies/30800 Palos Verdes Drive
East
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting and there were five requests to speak regarding this item.
Community Development Director Rojas provided introductory remarks regarding the
concerns raised in a letter written by Mr. Davis, the attorney for Marymount College,
which was included in late correspondence.
Discussion ensued between Council Members and staff.
Deputy Community Development Director Mihranian provided a staff report regarding this
item and the discussions that have taken place between staff and Marymount College to
address the parking issues since the Fall 2011 term began. He highlighted possible
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locations on the College campus that could be used as parking lots to allow for an
additional temporary 90 parking spaces.
Discussion ensued between Council Members and staff.
Lois Karp, CCC/ME, Rancho Palos Verdes, stated that she and the five neighborhood
homeowner groups were in accord with the proposals in the staff report regarding parking
issues. She noted that the neighborhoods were not in favor of painting the curbs red and
that the last resort would be to establish permit parking for residents only during specific
hours.
Tom Redfield, CCC/ME, Rancho Palos Verdes, stated that there was a problem with the
parking and safety on the street. He stated that with the expansion of Marymount
College to a four year curriculum, a new safety issue has arisen with late afternoon
speeding.
Jim Gordon, Rancho Palos Verdes, stated that he had submitted documentation
regarding the parking problems on Palos Verdes Drive East in the late correspondence.
He suggested the use of the proposed parking options as suggested by staff as a cost
effective solution to address the continuing parking problems at the Marymount College.
Elena Dunlap, Rancho Palos Verdes, stated that she would be willing to take another
neighborhood poll regarding the parking issues and the possibility of permit parking in the
area. She stated that she supported any safety measures to slow down the traffic on
Palos Verdes Drive East, since there is a history of speeding on that street.
Discussion ensued between Council Members and staff.
Councilman Stern moved, seconded by Mayor Pro Tem Misetich to: Affirm Staff’s current
approach of utilizing Condition No. 158, which gives the Community Development
Director and the Public Works Director the authority to engage the College in exploring
the Staff identified options to address additional onsite temporary parking spaces as
necessary Parking Management Strategies, as a means to minimize street parking by
students and visitors.
Councilman Wolowicz moved a friendly amendment to direct staff to prepare an outreach
plan to the neighborhoods to consider on-street parking limitations to address the parking
issues. The motion died for a lack of a second.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
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RECESS AND RECONVENE:
Mayor Long called a brief recess from 8:34 P.M. to 8:48 P.M.
Updated NCCP Preserve Management Agreement between the City and the Palos
Verdes Peninsula Land Conservancy (PVPLC)
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
Community Development Director Rojas provided a brief staff report regarding this item.
Discussion ensued between Council Members and staff.
City Attorney Lynch read into the record the following language for a new Section 2.2 on
Page 3 of the Agreement, with the renumbering of all other items that follow in Section 2:
Subject to the provisions of the NCCP, the City shall have the authority to approve or
deny all uses and activities on City-owned land in the Preserve.
Executive Director Vona, PVPLC, provided information regarding the PVPLC’s annual
expenditures related to the Preserve Management and volunteer hours and the value of
those hours for habitat restoration, trail maintenance, and other activities to improve the
Preserve.
Ken Swenson, President, Board of Directors, PVPLC, Rancho Palos Verdes, stated that
the PVPLC completely understands that the City owns the Preserve property, and the
community supports it with donations and volunteers. He stated that the PVPLC was one
of the largest non-profit organizations that performs a large part of the necessary
mitigation work for the City and provides many local jobs.
William Swank, PVPLC, Rancho Palos Verdes, stated that the Agreement was a
partnership between the PVPLC and the City for fifty years, although there may be future
amendments to the agreement. He noted the importance of protecting the open space
and continuing to allow public access to the Preserve.
Betty Field Strauss, Rancho Palos Verdes, stated that she strongly supported the PVPLC
and commented on the attempts of residents in the early 1970’s to preserve open space.
She noted her gratefulness to the efforts of Bill Ailor in the creation of the PVPLC and to
the generous donors who helped to purchase and preserve much of the beautiful open
space land on the Peninsula.
Cassie Jones, Rancho Palos Verdes, thanked the outgoing Council Members for the
countless hours of volunteer service to the City and spoke in support of the NCCP
Preserve Management Agreement and urged the Council to approve the document.
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Noel Park, Rancho Palos Verdes, stated that he was in support of the Council approving
the NCCP Preserve Management Agreement, thanked the Council, appointed officials,
staff, PVPLC staff and members, and citizens of Rancho Palos Verdes who have
supported the effort to preserve open space land.
Martin Byhower, Past President, Palos Verdes/South Bay Audubon, Lomita, stated that
he was one of the original founders of Heal the Bay, which was an example of a project
that initially had much opposition but resulted in a positive outcome. He noted the value
of the Preserve as an educational resource and spoke in favor of the PVPLC organization
which continues to teach us how we should treat the planet upon which we live.
Henry Jurgens, Rancho Palos Verdes, stated that he was in favor of the NCCP Preserve
Management Agreement that clearly defines the roles of the City and the PVPLC. He
opined that the PVPLC brought significant financial support, volunteer hours and
knowledge of land management.
Jim Knight, PVPLC, Rancho Palos Verdes, spoke in favor of the Management Agreement
and noted the value of the NCCP as a master plan for land use and a financial benefit
enabling the purchase of the open space land with funding from the Wildlife Conservation
Board. He spoke in favor of the Management Agreement with the PVPLC, noting the
educational and recreational benefits of the NCCP property. He noted the excellence of
the PVPLC in the preservation, restoration, knowledge, and management of the land.
Barbara Gleghorn, Rancho Palos Verdes, stated that the PVPLC was unified in its
purpose of securing and protecting the beauty of the land and trails for the public to enjoy
the following: nature, animals species, knowledge, and science of the area. She spoke in
support of the Management Agreement as jointly created by the City and PVPLC.
John Wessel, Rancho Palos Verdes, stated that the collaboration between the PVPLC
and the City has been an ecological and financial benefit for both entities and
encouraged the Council’s approval of the Management Agreement.
Bill Ailor, Founder of the PVPLC, Palos Verdes Estates, provided a brief history of the
formation of the PVPLC and the concerns that assisted in the creation of the PVPLC to
purchase, restore and maintain the open space land. He supported the staff’s
recommendation for approval of the Management Agreement for the Preserve.
Alfred Sattler, Rancho Palos Verdes, stated that he was grateful for all of the hard work of
the City Council, City staff, and PVPLC staff in its creation of the Management
Agreement, noting a sense of personal investment in the Preserve, as a wonderful asset
for the community and visitors.
Barbara Sattler, Rancho Palos Verdes, spoke in support of the Management Agreement
and the securing of the easements for the NCCP. She spoke highly of the PVPLC in the
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protection of local plant and animal, and the development of a special knowledge and
expertise of the NCCP land.
.
Bruce Biesman-Simons, Executive Vice President, Board of Trustees, PVPLC, San
Pedro, stated that this Management Agreement was the commitment of the PVPLC to
ensure smooth transitions, long term sustainability, science based restoration work, and
the knowledge and love of the land.
Mickey Rodich, Rancho Palos Verdes, stated that he supported the Management
Agreement between the PVPLC and the City. He noted that there was a problem with
the number of dogs in the Preserve area and encouraged enforcement of dogs on
leashes. He also stated that the gate at Ladera Linda should be closed at dusk to avoid
late night entry and dumping of trash onto the property.
Discussion ensued between Council Members, City staff, and PVPLC staff.
City Attorney Lynch stated that language could be added to address concerns that were
raised regarding the CPI escalator. She suggested the addition of a new Section 1.3,
that would state the following: If the CPI adjustment no longer reflects the costs to
perform any of the financial obligations set forth in Section 1, either party or both parties
may request the Agreement be revised to incorporate a revised formula that more
accurately reflects the cost to perform any of the financial obligations set forth in
Section 1. She recommended the change to provide flexibility for the future and added
the following language “The Wildlife Agencies also shall concur in the index that is
chosen.”
Councilman Wolowicz suggested one change in the agreement so that the phrase
“Generally Accepted Accounting Procedures” is corrected to “Generally Accepted
Accounting Principles.”
Councilman Stern moved, seconded by Councilman Wolowicz, to: Authorize the Mayor
to sign an updated Management Agreement, as amended, between the City and PVPLC
which clarifies the current on-going management responsibilities of each party.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
RECESS AND RECONVENE:
Mayor Long called a brief recess from 9:57 P.M. to 10:05 P.M.
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IT Infrastructure Plan
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
City Attorney Lynch noted that City Manager Lehr recused herself from the discussion of
this item and left the room, due to her husband’s position as Chief Information Officer of
Microsoft.
Director of Finance/IT McLean provided a staff report regarding the Information
Technology Infrastructure Plan.
Discussion ensued between Council Members and staff.
Mayor Pro Tem Misetich moved, seconded by Mayor Long, to: 1) Approve the proposed
Information Technology Infrastructure Plan; 2) Authorize the Mayor to execute the
Microsoft Enterprise license and software assurance agreement, as amended, included
with the Information Technology Infrastructure Plan; 3) Authorize the purchase of the Dell
virtual machine; and, 4) Authorize staff to proceed with a bid process to replace desktop
computers.
The motion passed on the following roll call vote:
AYES: Misetich, Stern, Wolowicz, and Mayor Long
NOES: None
ABSENT: Campbell
ABSTAIN: None
City Council Policy No. 37: Naming Public Facilities and Placing of Monuments
and Other Memorials
City Clerk Morreale reported that late correspondence was distributed prior to the
meeting regarding this item.
There was no request for a staff report.
Councilman Wolowicz provided an explanation regarding the reasons he was interested
in considering a change to the current policy from five years following a person’s death
for a naming prospect to two years.
Discussion ensued between Council Members and staff.
Mayor Long moved, seconded by Councilman Stern, to table the item.
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Councilman Wolowicz and Mayor Pro Tem Misetich objected to the motion, and the
motion failed.
Councilman Wolowicz moved, seconded by Mayor Pro Tem Misetich, to change the
waiting period after a person’s death from 5 to 2 years to allow for a Naming Opportunity,
and that the new City Council consider further Naming Policy Changes.
The motion failed on the following roll call vote:
AYES: Misetich and Wolowicz
NOES: Stern and Mayor Long
ABSENT: Campbell
ABSTAIN: None
Mayor Pro Tem Misetich stated that he wanted this item placed on a future agenda in
either December or January.
CITY COUNCIL ORAL REPORTS:
Each of the Council Members present reported on his attendance at various organization
and association meetings since the last City Council Oral Reports were provided on
October 15, 2011.
ADJOURNMENT:
At 10:57 P.M., Mayor Long adjourned the meeting.
___________________
Mayor
Attest:
___________________
City Clerk
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