HomeMy WebLinkAbout04/09/2013 - Regular MeetingCity Council Minutes
Regular Meeting
April 9, 2013 — 7 :00 p.m.
I. STUDY SESSION - 4:00 p.m.
II. CLOSED SESSION - 6:15 p.m.
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code § 54957):
Title: Dave Kiff, City Manager
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code §
54956.9(d)(1)): 2 matters
1. Hyun Myung Suk u. City of Newport Beach, et. al.
Orange County Superior Court Case No. 30- 2012 - 00577284
2. Sunyl Chung u. City of Newport Beach, et. al.
Orange County Superior Court Case No. 30- 2012. 00576929
C. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54957.6):
Heading Agency Designated Representatives: Dave Kiff, City Manager and Terri
Cassidy, Deputy City Manager and Human Resources Director; Negotiators
Employee Organizations: All Labor Associations: Association of Newport Beach Ocean
Lifeguards (ANBOL); Newport Beach City Employees Association (NBCEA); Newport Beach
Employees League (NBEL); Newport Beach Firefighters Association (NBFA); Newport Beach
Fire Management Association (NBFMA); Lifeguard Management Association (NBLMA);
Newport Beach Part Time Unit (UPEC, Local 777); Newport Beach Police Association
(NBPA); Newport Beach Police Management Association (NBPMA); and Newport Beach
Professional and Technical Association (NBPTEA)
III. RECESS
IV. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
V. ROLL CALL
Present; Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
VI. CLOSED SESSION REPORT - City Attorney Harp reported that there were no reportable
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actions taken
VII. PLEDGE OF ALLEGIANCE - Council Member Henn
VIIL INVOCATION -Mr. Frank Carpenter
►®
MADD Deuce Awards for Police Officers who had 25 -99 DUI Arrests - Continued
Presentation from Jenny Conde regarding the Vest -A-Dog OC Chapter - Continued
Presentation of Donate Life Month Proclamation
Mayor Curry read the proclamation and presented it to the Donate Life representatives. Rosemary
O'Meeghan, M.D., Critical Care Physician at Hoag Memorial Hospital, thanked Council for its
continued support and commented on the gift of life provided by organ and tissue donors. She
discussed the number of people on the waiting lists for organ transplantation and mentioned the
number of people who die waiting for organ transplants. Bridget Hood, Donate Life Ambassador,
provided personal testimony of her brother's donation of his kidney to save her life. She reported
that the average wait time for a kidney is ten years and that many people end up dying while
waiting. She thanked Council for its support and helping to create awareness.
X. NOTICE TO THE PUBLIC
XI. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD
LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON -
DISCUSSION ITEM)
Council Member Gardner discussed the issue of identity theft and requested a future presentation from
the Police Department on how to prevent it and what should be done if it happens. She also referenced a
recent seminar regarding stand up paddling and safety, noted that the U.S. Coast Guard Auxiliary
provided numerous brochures on water safety, and encouraged staff to make this information available to
the public. Additionally, she reported that a specific brochure has been created by Letty Giang on stand
up paddling and requested that staff consider providing copies of the brochure to businesses that rent out
paddle boards.
Council Member Petros reported that two major initiatives in Newport Beach will be recognized by the
American Planning Association at a ceremony on May 8, 2013: The Newport Banning Ranch Project and
the Neighborhood Revitalization efforts undertaken by the City. He reported that Hoag Memorial
Hospital was recently honored by two industry organizations for clinical excellence and presented details
of the acknowledgements.
Mayor Pro Tem Hill reported that the City is in the process of accepting applications for the Bicycle
Master Plan Oversight Committee and stated that the filing deadline has been extended to April 26,
2013. He acknowledged the successful move of City Hall from one location to another by staff, and
commended staff for its efforts. He also reported that his third child, Lindsay, recently was wed.
Council Member Daigle recognized the proactive efforts of the Stand. Up Paddleboarders (SUP) for their
ongoing education efforts. She reported that the Port of Long Beach will be issuing a call for
contaminated material into their middle harbor project. She addressed the successful mobilization of
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contaminated material by the City, requested consideration for additional dredging, and requested it be
determined if this is something the City would like to do on its own or if it should involve the U.S. Army
Corps of Engineers.
Council Member Henn announced that the Balboa Village Advisory Committee (BVAC) will meet on April
10, 2013, at 4:00 p.m. at ExplorOcean and addressed items on the agenda. He reported that the Finance
Committee will meet on April 22, 2013 at 4:00 p.m. and reported that the Newport to Ensenada Race will
kick off on April 26, 2013 at noon at the Balboa Pier. He noted that Balboa Village is positioning itself as
Race Central for the Newport to Ensenada Race and presented details of the two events: Lexus N2E Race
Kick -Off Party, Stroll, Sample and Sip, on April 21, 2013, from noon to 5:00 p.m.; and Fiesta in the Fun
Zone on April 25, 2013, from 5:00 p.m. to 11:00 p.m.
Mayor Curry announced the upcoming celebration of the completion of dredging in the Lower Bay on
April 17, 2013 at 2:30 p.m. at the Newport Harbor Yacht Club. He acknowledged the completion of the
move to the new City Hall facility and announced that the Civic Center Community Celebration will occur
on May 4, 2013, from 10:00 a.m. to 1.00 p.m. He reported that Vanis Buckholz who gave a presentation to
Council on his recycling business on January 22, 2013, has been awarded the Points of Light Award from
former President George 11. W. Bush for his recycling initiative. -Mayor Curry also addressed the loss of_
pets to coyotes in the Back Bay area and requested that staff consider the feasibility of installing warning
signs in the area. He noted the last update of the Newport General Plan and requested that staff return
to Council with a list of General Plan Elements that should be reviewed and a schedule for the process.
Further, he indicated that staff should also obtain community input regarding the possible changes.
XII. PUBLIC COMMENTS ON CONSENT CALENDAR
City Clerk Brown announced that the motions associated with the Consent Calendar should also include
the amendments to the Minutes (Item 1), amended attachment to the Resolution in Item 3 (Finance
Committee Charter Update), an amended Resolution relative to the effective date for Item 4 (Addition of
Off- Street Meter Parking Zones), and a corrected contract (Attachment C) associated with item 8
(Approval of On -Call Repair Services Agreements for Underground Utility Installation and Repair
Services).
Regarding Item 13 [Required Navigation Performance (RNP) Departures for John Wayne Airport (JWA)),
Council Member Daigle recognized the participation of citizens on the Aviation Committee, as outlined in
the staff report, and noted that this is another groundbreaking initiative by the City to be a leader in
managing the impacts of the JWA on the community. She thanked Aviation Consultant Tom Edwards
and City Manager Kiff.
Council Member Henn noted that he recused himself on Item 11 (City Hall Complex Reuse Amendments)
at the March 26, 2013 meeting and, therefore, would like the record to reflect that he abstains as to the
approval of that item in the voting to approve the Minutes for that meeting on tonight's agenda (Item 1.).
Regarding Item 12 (July 4th Banners), he noted that it is another step forward in the City's strategy to
change the culture in West Newport Beach on the Fourth of July holiday from anything goes to family
fun.
Regarding Item 12, George Schroeder believed that the banners are not needed because it might attract
more people to the festival than the event can handle.
Regarding Item 13, Charles Griffin discussed his experiences working on navigation systems and
addressed the global positioning system. He urged Council to promote the development and utilization of
the automatic air -speed hold mode for auto -pilot to make airplanes fly quieter over the Bay.
Jim Mosher referenced written comments submitted prior to the meeting and commented on Item 10
(Emergency Services Consulting International (ESCI) Professional Services Agreement). He believed that
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Item 10 is not a focused evaluation as recommended by the Grand Jury and that the direction given by
Council regarding this item was vague. He suggested that Council provide direction to staff as to what
Council wants an outside entity to evaluate and for staff to provide an estimate of the true costs involved
in embarking on the project.
XIII. CONSENT CALENDAR
A. READING OF MINUTES AND ORDINANCES
I. MINUTES FOR THE MARCH 26, 2613 STUDY SESSION AND REGULAR
MEETING. (100 -2013] Waive reading of subject minutes, approve as amended, and order
filed. Council Member Henn abstained on this item.
2. READING OF ORDINANCES. Waive reading in full of all ordinances under
consideration, and direct the City Clerk to read by title only.
B. RESOLUTION FOR ADOPTION
3. FINANCE COMMITTEE CHARTER UPDATE. [100 -2013] Adopt amended Resolution
No, 2013 -32, A Resolution of the City Council of the City of Newport Beach Amending the
Duties and Responsibilities of the Finance Committee.
C. CONTRACTS AND AGREEMENTS
5. SHORECLIFF ROAD CATCH BASIN MODIFICATION, REEF POINT
BIOFILTRATION SYSTEM, LOS TRANCOS CREEK MAINTENANCE - AWARD OF
CONTRACT NO. C -5287. [381100 -2013] Approve the project drawings and specifications;
b) award Contract No. 5287 to Ted Enterprises, Inc., (Ted Enterprises) for the total bid price
of $241,691.00, and authorize the Mayor and the City Clerk to execute the contract; c)
establish a contingency of $24,000.00, approximately 10 percent, to cover the cost of
unforeseen work; and d) approve Budget Amendment No. 13BA -037 transferring $36,191.00
from Account 7012- C2502010 (Storm Drain Interceptors) to Account 7014- C5002006
(Newport Coast ASBS).
6. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY -HORN
AND ASSOCIATES, INC., FOR EAST COAST HIGHWAY TRAFFIC SIGNAL
REHABILITATION PROJECT DESIGN (C- 5418). [381100 -2013] Approve a
Professional Services Agreement with KimleyHorn and Associates, Inc. (Kimley- Ilorn), of
Orange, California, for design services for the East Coast Highway Traffic Signal
Rehabilitation Project at a not to exceed price of $124,800.00, and authorize the Mayor and
City Clerk to execute the Agreement.
s. APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENTS FOR
UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES. [381100-
2013] a) Approve an on -call repair services agreement with GCI Construction, Inc., for
underground utility installation and repair services (C- 4695), and authorize the Mayor and
City Cleric to execute the agreement; b) approve an on -call repair services agreement with
Mike Kilbride, Ltd., for underground utility installation and repair services (C- 3883), and
authorize the Mayor and City Clerk to execute the agreement; and c) approve an on -call
repair services agreement with Steve Bubalo, Construction Co., Inc., for underground utility
installation and repair services (C- 5420), and authorize the Mayor and City Clerk to execute
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the agreement.
9. APPROVAL OF ON -CALL REPAIR SERVICES AGREEMENT WITH CENTRAL
COAST SURFACE GRINDING, INC. FOR SIDEWALK GRINDING SERVICES (C-
4411). [381100 -2013] Approve the agreement with Central Coast Surface Grinding, Inc. for
on -call sidewalk grinding services for a period of five years.
10. EMERGENCY SERVICES CONSULTING INTERNATIONAL (ESCI)
PROFESSIONAL SERVICES AGREEMENT (C- 5417). [381100 -2013] a) Approve and
authorize the City Manager to execute the Professional Services Agreement with ESCI; and
b) approve Budget Amendment No. 13BA -038 to transfer $115,962.00 from General Fund
account 010 -3605 to Fire Administration Division account 2310 -8088 to fund the project.
D. MISCELLAiVEOUS
11. PLANNING COMMISSION AGENDA FOR APRIL 3, 2013. [100 -2013] Receive and file.
12. NEWPORT PENINSULA JULY 4TH PARADE AND FESTIVAL REQUEST FOR
WAIVER OF COUNCIL POLICY L -16 - TEMPORARY BANNERS EXTENDING
OVER THE PUBLIC RIGHT -OF -WAY. 1100 -20131 Waive City Council Policy L -16 and
approve the request of the Newport Peninsula July 4th Parade and Festival Committee to
install 33 banners for display from June 10, 2013 to July 8, 2013 along Balboa Boulevard and
32nd Street.
13. REQUIRED NAVIGATION PERFORMANCE (RNP) DEPARTURES FOR JOHN
WAYNE AIRPORT (JWA). [100 -20131 Authorize the Mayor to send a letter to the FAA
regarding the development of the RAWLZ departure procedure.
Motion by Mayor Pro Tem Hill, seconded by Council Member Petros to approve the Consent
Calendar, except for the Items removed (4, 7 and 14), and noting Council Member Henn's abstention on
Item 1 as it relates to Item 11 of the March 26, 2013 Regular Meeting Minutes.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry, Council
Member Selich, Council Member Henn, Council Member Daigle
XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR
4. ADDITION OF OFF - STREET PARKING METER ZONES. 1100 -20131
Council Member Gardner requested clarification regarding the Resolution relative to the flat rate
charged for automobiles. She believed that one of the selling points for investing in the parking
meters was that there would be an ability to charge hourly rates in Big Corona so that people
would be invited to attend.
City Manager Kiff acknowledged that this is the goal, but staff is taking steps toward forming a
Parking Meter District under the Resolution and other recommendations will be made in refining
the timing and rate. He added that staff will be moving in that direction.
Motion by Council Member Gardner, seconded by Mayor Pro Tem Hill to adopt amended
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Resolution No. 2013.33: A Resolution of the City Council of the City of Newport Beach Establishing
Off - Street Parking Meter Zones for the Balboa Pier Parking Lot and the Corona del Mar State Beach
Parking Lot, and Rescinding Resolution No. 2010.40„ to establish the Balboa Lot and the Corona
del Mar Lot as off - street parking meter zones and establish rates for the new zones consistent with
the fees presently charged by the City to park in the lots.
Jim Mosher believed that staff is moving too fast and believed that the proposal will need a Coastal
Development Permit for the installation of meters, the rate structure, and how the expanded hours
will affect public access. He further believed that the California Coastal Commission will consider
if this will actually provide the convenience that an attended parking lot provides.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SAILING
FASCINATION TO BERTH AT THE BALBOA YACHT BASIN, LOCATED AT 829 HARBOR
ISLAND DRIVE, AND A REQUEST FOR A BELOW MARKET RENTAL RATE (C- 5419).
[381100 -20131
City Clerk Brown noted that page 3 of the agreement was amended,
Council Member Gardner questioned whether general guidelines should be established in the
future for waiving or reducing fees.
Council Member Daigle agreed with Council Member Gardner's suggestion and added that a list of
non -profit organizations should be generated to consider whether or not they would be exempt.
Motion by Council Member Gardner, seconded by Council Member Henn to a) approve a
five year slip rental agreement with an annual rent of $1.00 per year which is below fair market
value, based on the findings contained in the staff report and in the Shp Rental Agreement, that
charging less than fair market value promotes the City's goals to provide an essential or unique
service to the community that cannot otherwise be provided if full market rates were charged.
Specifically, the reduced rental rate promotes public recreation facilities and marine services to the
physically and intellectually disabled public; and b) approve a waiver of City Council Policy F -7,
and authorize the City Manager or his/her designee to enter into an agreement with Sailing
Fascination.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
14. CALPERS RATE ADJUSTMENT ELECTION AND FIXED DECLINING AMORTIZATION
PERIOD (C -563). [381100 -20131
Council /Member Petros acknowledged the work of the City's Finance Department and Council
Member Henn on this issue in reducing the City's unfunded pension liabilities.
Mayor Curry added that the City is voluntarily applying more conservative rules in how the City
calculates its liability and reducing the overall cost to taxpayers.
Jim Mosher commended the Finance Department for its efforts and addressed the amortization
schedule; however, contrasted the issue with the earlier Study Session discussion relative to FEMA
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issues. He hoped that other City departments would bring matters forward for public discussion
and consideration, especially when the issues will impact residents.
Motion by Council Member Petros, seconded by Council Member Selich to authorize the
Finance Director to direct, the CalPERS Actuary to not phase -in the impact of the most recent
changes in actuarial assumptions and implement a "fresh start" liability amortization methodology
for both the miscellaneous and safety plans.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
XV. PUBLIC COMMENTS ON NON - AGENDA ITEMS
Charles Griffin commented on fire rings and suggested piping in natural gas to the fire rings to replace
the need to burn wood. He also suggested replacing natural gas with hydrogen as a new source of energy.
Council Member Gardner reported that natural gas was considered, but indicated that could be a. problem
with high tides. Further, there was concern that the heavy machinery used to clean the beaches would
rupture gas lines.
Reid Ling and Kira Wandrocke, Newport Harbor High School Environmental Surf Class, believed that the
City should ban plastic bags from retail stores in the City. They reported that they have teamed up with
the Corona del Mar High School Environmental Activist Club who are also in support of banning plastic
bags. They noted that the City of Huntington Beach recently banned plastic bags from their stores and
believed that it is time for the City to join the bandwagon. They noted that it is not just a political and
aesthetic issue, but an environmental issue. They emphasized the hazards of plastic bags to the
environment, ocean life, and subsequently human health.
Stephanie Barger, Earth Resource Foundation, announced that the Sage Hill Club is showing a
documentary entitled, "Bag It ", on April 18, 2013 at 8:00 p.m. at the OASIS Senior Center and invited the
public to attend. Regarding fire rings, she noted that early in the morning, many of the fare rings are still
burning, along with trash and debris, and requested that the City follow -up on the fires.
Jim Mosher noted that the JWA EIR process begins with a public seeping meeting and questioned
whether Council has directed staff to keep residents informed about the EIR activities.
X'VI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Gardner reported visiting the City of Pasadena to review their parking solutions. She
reported attending the League of California Cities (LCC) Environmental Quality Committee meeting
where it was noted that the League supports fees for single -use bags and opposes any effort at the State
level to stop cities from imposing fees. She added that they formed a subcommittee to report back on
potential changes to CEQA in terms of its utilization when it comes to litigation. She asked that if staff or
other Council Members have any suggestions, to email them to her to ensure that they get to the
subcommittee.
Council Member Daigle reported that the Aviation Committee will continue to update information on the
City's website. City Manager Kiff noted that the MOU will be before the County Board of Supervisors on
April 16, so they have not yet signed the MOU relative to JWA.
Council Member Daigle also announced that she has been re- elected to another term on the Southern
California Association of Governments (SCAG) to represent District 15. She noted that she received an
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invitation from the Metropolitan Water District (MWD) to visit the Delta where the focus will be on how
California will be solving some of its water problems and ways to import more water.
Mayor Curry reported attending a meeting of the Orange County Mayors at Concordia University to
discuss the challenges of leading a city and address economic development.
XVII. PUBLIC HEARINGS
15. REVISIONS TO PREVIOUSLY ADOPTED RESOLUTIONS FOR GENERAL PLAN AND
COASTAL LAND USE PLAN AMENDMENTS AT VARIOUS LOCATIONS: GP2011 -009
AND LC2011 -005 (PA2011 -196) - 514 EAST OCEAN FRONT; GP2011 -008 AND LC2011 -004
(PA2011 -179) - 2888 AND 2890 BAY SHORE DRIVE; AND GP2011 -010 AND LC2011 -006
(PA2011 -209) - 200 30TH STREET. [100 -20131
Community Development Director Brandt provided the staff report and noted that this is the final
installment of needed changes to previous amendments so that the City can get authorization from
California Coastal Commission staff and proceed with processing.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Mayor Pro Tem Hill, seconded by Council Member Selich to adopt Resolution
No. 2013 -34: A Resolution of the City Council of the City of Newport Beach Approving Amendments
to the Land Use Element of the General Plan and Coastal Land Use Plan for Various Properties
Located within the Coastal Zone.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
16. MARINA PARK COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -002 - 1600 WEST
BALBOA BOULEVARD. [100 -20131
Community Development Director Brandt reported that staff is recommending a continuance to the
May 28, 2013, City Council meeting as staff is waiting for the final confirmation from California
Coastal Commission staff on the wording approved at the Coastal Commission hearing that
approved the amendment to the Marina Park tower height.
Mayor Curry opened the public hearing. Hearing no testimony, he closed the public
hearing.
Motion by Council Member Selich seconded by Council Member Henn to continue the item
to the May 28, 2013 City Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tem Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
17. ANNUAL REVIEW OF THE PACIFIC VIEW MEMORIAL PARK DEVELOPMENT
AGREEMENT (PA2009 -024) - 3500 PACIFIC VIEW DRIVE. [100 -20131
Community, Development Director Brandt reported that there has been no further development
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activity since Council's last review of the item and noted that Pacific View Memorial Park
continues to be in good -faith compliance with the terms of the agreement.
Motion by Council Member Selich, seconded by Council Member Henn to a) find that the
applicant has demonstrated good faith compliance with the terms of the Development Agreement;
b) find that this project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, and c) receive and file the Annual Report of the
Development Agreement for Pacific View Memorial Park.
Mayor Curry opened the public hearing.
Joan Templeton reported that, during the last few years, Pacific View Memorial Park management
has been very responsible in addressing any issues or requests made.
Charles Griffin addressed the need to fill the nearby reservoir with clean water and reiterated the
need for hydrogeniboron fusion to desalinate ocean water and fill the reservoir.
Hearing no further testimony, Mayor Curry closed the public hearing.
The motion carried by the following roll call vote:
Ayes: Council Member Gardner, Council Member Petros, Mayor Pro Tern Hill, Mayor Curry,
Council Member Selich, Council Member Henn, Council Member Daigle
XVIII, MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - 8:01 p.m.
The agenda for the Regular Meeting was posted on April 4, 2013, at 4:30 p.m. on the City Hall
Bulletin Board located outside of the City of Newport Beach Administration Building at 3300
Newport Boulevard; and on April 4, 2013, at 6:35 p.m. on the City Hall Bulletin Board located
in the City Council Chambers vestibule at 100 Civic Center Drive.
tt
City Clerk
Recording Secretary
Mayor
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