HomeMy WebLinkAboutcc min 2006/12/19
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
December 19,2006
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda (arrived at 6:07 p.m.), McCann, Ramirez,
Rindone and Mayor Cox
ABSENT: Councilmembers: None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk
Bigelow, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION OF THE 35TH ANNUAL BOTTERMAN AWARD TO MR. GARY
SAUER BY THE CHULA VISTA HUMAN RELATIONS COMMISSION
Human Relations Chair Michael Palomo presented Gary Sauer with the Botterman Award for his
years of dedicated voluntary service to non-profit organizations.
CONSENT CALENDAR
(Items 1 through 13)
Councilmember Castaneda requested to pull Consent Calendar Items 9 through 13 for discussion
and clarification.
Deputy Mayor Rindone stated that he had a question regarding Consent Calendar Item 2 and
would like to pull Items 9 through 13 for discussion. With regard to Item 2, Deputy Mayor
Rindone mentioned a cost variance that was not addressed in the analysis and questioned the
reason for the change between the only two prospective vendors. City Clerk Bigelow responded
that the contract was not a fixed-rate contract but was based on a per-cubic-foot charge for
storing records, as well as retrieval and transportation costs to review stored records. Staffs
recommendation to contract with Iron Mountain was due to serious security and service level
concerns with the existing provider.
I. WRITTEN COMMUNICATIONS
Letter of resignation from Matthew Waters, member of the Growth Management
Oversight Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
CONSENT CALENDAR (Continued)
2. RESOLUTION NO. 2006-375, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A CONTRACT WITH IRON MOUNTAIN
INFORMATION MANAGEMENT, INC. FOR THE LONG-TERM STORAGE OF
CITY RECORDS
Adoption of the resolution approves a contract for the long-term storage and related
records management services related to the City's inactive and permanent records. (City
Clerk)
Staff recommendation: Council adopt the resolution.
3. ORDINANCE NO. 3055, ORDINANCE OF THE CITY OF CHULA VISTA
INCREASING THE SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN THE
INTERSTATE 805 NORTHBOUND RAMPS AND BRANDYWINE AVENUE FROM
35 MPH TO 45 MPH
Adoption of the ordinance establishes the speed limit based on the results of a speed
survey and pursuant to the authority under Municipal Code Section 10.48.020. This
ordinance was introduced on December 12, 2006. (City Engineer)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION NO. 2006-376, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS, LICENSE
AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 02-03,
MCMILLIN OTA Y RANCH VILLAGE SIX, NEIGHBORHOOD R-10 AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolution approves the perpetual maintenance of the landscaping within
the right-of-way for McMillin Otay Ranch Village Six, Neighborhood R-10 by the
Treviana at Lomas Verdes Homeowner Association. Neighborhood R-10 is a
condominium project consisting of 212 residential units located west of SR-125 and east
of Magdalena Avenue. (City Engineer)
Staff recommendation: Council adopt the resolution.
5. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING A CITY COUNCIL
POLICY REGARDING REIMBURSEMENT OF EXPENSES INCURRED BY
LEGISLATIVE BODY MEMBERS (FIRST READING)
California State legislation, effective January 1, 2006, required cities to adopt a written
policy regarding expense reimbursements paid to elected and appointed officials. The
legislation provisions specifically apply to charter cities. Adoption of the proposed
ordinance satisfies the requirements of the legislation. (City Attorney)
Staff recommendation: Council place the ordinance on first reading.
Page 2 - Council Minutes
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December 19, 2006
CONSENT CALENDAR (Continued)
6. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION
AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS
FOR THE FISCAL YEAR ENDED JUNE 30, 2006
State Government Code Section 66000 requires local agencies assessing Development
Impact Fees and sewer capacity charges to make available specified financial data to the
public each fiscal year. Staff has also included the report on Parkland Acquisition and
Development fees for ease of reference and convenience to the public. (Finance
Director)
Staff recommendation: Council accept the report.
7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 3.44.120,
UTILITY USERS TAX - REFUNDS, OF THE CHULA VISTA MUNICIPAL CODE
(FIRST READING)
Chula Vista Municipal Code Section 3.44.120 provides for the refunding of Utility Users
Tax that is overpaid, paid more than once, or collected erroneously. The current code
section allows for such refunds but does not provide specific procedures or time frames
for processing refund claims. Adoption of the amendment ordinance establishes a one-
year claims period for refunds and a procedure for filing of refund claims. (Finance
Director)
Staff recommendation: Council place the ordinance on first reading.
8. RESOLUTION NO. 2006-377, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA; BURKETT & WONG ENGINEERS, CONSULTANT; AND
MCMILLIN OT A Y RANCH, LLC FOR THE PREP ARA TION OF A PUBLIC
FACILITIES FINANCING PLAN FOR THE OTAY RANCH VILLAGE EASTERN
URBAN CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Adoption of the resolution approves the selection of Burkett and Wong to prepare a
Public Facilities Financing Plan (PFFP) for the Eastern Urban Center (EUC). The Otay
Ranch General Development Plan requires the preparation of a PFFP for all Sectional
Plan (SPA) applications. (Planning and Building Director)
Staff recommendation: Council adopt the resolution.
9-13 Item 9 through 13 were pulled for discussion.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendations and offered
Consent Items 1 through 8, headings read, texts waived. Councilmember
Castaneda seconded the motion, and it carried 5-0.
Page 3 - Council Minutes
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December 19, 2006
ITEMS REMOVED FROM THE CONSENT CALENDAR
With regard to Items 9 through 13, Councilmember Castaneda questioned the status of a
Council-approved strategy to implement a historic preservation policy and program. Planning
and Building Director Sandoval replied that significant components of the program have been
identified. Councilmember Castaneda suggested a meeting with staff to identity funding for the
program prior to bringing it before Council.
Deputy Mayor Rindone suggested that future staff reports reflect the year the historical homes
were built and information about necessary modifications by historical homeowners so as not to
lose enticement to be reflective of being a historical site. He also asked about the percentage of
tax breaks for historical homeowners. Associate Planner T essitore- Lopez responded with
information on when the homes were built and stated that none of the proposed homes have
come forward for designation in the past.
Deputy Mayor Rindone asked about consequences, if any, for homeowners who may not comply
with necessary refurbishing requirements in order to establish a historically designated home.
Associate Planner Tessitore-Lopez replied that the Mills Act program was the only way
homeowners could participate in property tax reductions. Should the homeowners not comply
with the requirements of the contract, they would possibly be subject to a breach of contract,
with a penalty of 12.5 percent ofthe assessed value of their homes.
9. RESOLUTION NO. 2006-378, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING 220 ELDER AVENUE AS A HISTORlC
SITE AND PLACING 220 ELDER AVENUE, THE ANN C. RUTLEDGE HOUSE, ON
THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH
MUNICIPAL CODE SECTION 2.32.070(A)
Adoption of the resolution designates the property at 220 Elder Avenue, the Ann C.
Rutledge House, as Historic Site #70 on the Chula Vista List of Historic Sites. (Planning
and Building Director).
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2006-379, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING 20 PEPPER TREE ROAD AS A
HISTORlC SITE AND PLACING 20 PEPPER TREE ROAD, THE DR. LAURL W.
MOFFITT HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORlC SITES IN
ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A)
Adoption of the resolution designates the property at 20 Pepper Tree Road, the Dr. Laurl
W. Moffitt House, as Historic Site #71 on the Chula Vista List of Historic Sites.
(Planning and Building Director).
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2006-380, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING 654 DEL MAR AVENUE AS A HISTORIC
SITE AND PLACING 654 DEL MAR AVENUE, THE HOLLAWAY SUMNER
HOUSE, ON THE CITY OF CHULA VISTA LIST OF HISTORlC SITES IN
ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070 (A)
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December 19,2006
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
Adoption of the resolution designates the property at 654 Del Mar Avenue, the Hollaway
Sumner House, as Historic Site #72 on the Chula Vista List of Historic Sites. (Planning
and Building Director).
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2006-381, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING 416 THIRD AVENUE AS A HISTORlC
SITE AND PLACING 416 THIRD AVENUE, THE EL PRIMERO HOTEL, ON THE
CITY OF CHULA VISTA LIST OF HISTORlC SITES IN ACCORDANCE WITH
MUNICIPAL CODE SECTION 2.32.070(A)
Adoption of the resolution designates the property at 416 Third Avenue, the EI Primero
Hotel, as Historic Site #73 on the Chula Vista List of Historic Sites. (Planning and
Building Director)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2006-382, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE EXECUTED MILLS ACT
CONTRACTS BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF
THE HISTORlC SITES LOCATED AT 220 ELDER AVENUE, 20 PEPPER TREE
ROAD, 654 DEL MAR A VENUE, 416 THIRD AVENUE, 44 NORTH SECOND, AND
611 SECOND AVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
CONTRACTS
Staff has prepared contracts for each of the owners of historic homes who have requested
to participate in the Mills Act Program. Adoption of the resolution authorizes the City to
enter into the contracts that will then be forwarded to the County Assessor's office for
recordation, making the properties eligible for tax credit in the next assessed tax year.
(Planning and Building Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendations and offered
Consent Items 9 through 13, headings read, texts waived. Councilmember
McCann seconded the motion, and it carried 5-0.
PUBLIC COMMENTS
Georgie Stillman stated that the current site plan for the proposed Home Depot at Moss and
Third will create negative impacts to its residential and healthcare neighbors, including
unacceptable noise, late night and early morning lighting, air pollution and truck traffic. She
believed that the negative mitigated damage study was inadequate and based upon erroneous
assumptions and inaccuracies in factual data. She expressed the need for a full Environmental
Impact Review of the proposed project and suggested that the site plan be flipped, which she
believed would mitigate the issues. She asked the City to work with the developer to achieve a
solution. Mayor Cox responded that the matter would be referred to staff.
Page 5 - Council Minutes
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PUBLIC COMMENTS (Continued)
Steven Pavka spoke about the towing of vehicles in his neighborhood and cited towing fees from
documents he obtained in local and state codes with respect to towing, as well as the City's
towing contracts. He stated that the tow license fee for a towing company is $120,875 per year,
with four companies that are contracted by the City. He expressed concern that a tow fee of
$270 would be a disaster to any retiree on a fixed income. Mayor Cox referred the matter to staff
for a report back to the Council.
Mary Bixby, a resident of Alpine Minot Circle, stated that the neighborhood residents recently
received a letter from Ramona Paving and Construction Corporation, notifying them to remove
their vehicles from the street in order for sand seal coating work to be performed. She stated that
when she returned home, the work had not been done, which she was told was as a result of poor
weather conditions. She stated that the work to be performed was the result of discussions and
an agreement between the community and City staff over a year ago for type II slurry work, not
sand seal coating. She stated that she was disheartened with City staff for cutting corners and
believed that funding for such projects was re-disbursed and manipulated by staff at will, with
little accountability. She believed there was a major gap between what Council intended and
directed staff to do and what the staff chose to do and when. The result was a wasteful series of
projects and did not assure cost-effective, long-term solutions. Mayor Cox stated that the matter
would be referred to staff with direction to come back to the Council with a report at the
beginning of the new-year. Councilmember McCann added that he would do everything
possible to have the necessary work performed.
Jackie Lancaster, coordinator for the "Save our Bayfront Coalition," stated that the public has
until January 11, 2007 to submit comments to the Port District prior to its approval of the draft
Environmental Impact Report (EIR). She stated that the coalition was not opposed to
development of the bayfront, but it had to be done without ruining the quality of life for west
side residents. She spoke about potential traffic impacts and congestion and addressed building
heights and their impacts on bird life. She expressed concern about a number of immitigable
impacts in the draft EIR that she believed would be dismissed due to overriding circumstances,
and she recommended that the heights of the tallest buildings and overall density be cut by 30 to
40 percent.
ACTION ITEMS
14. CONSIDERATION OF THE QUARTERLY FISCAL STATUS REPORT FOR THE
QUARTER ENDED SEPTEMBER 30, 2006
In accordance with Charter Section 504(f), the Fiscal Status Report covering the first
quarter of Fiscal Year 2006/2007 is submitted for approval. (Finance Director)
Finance Director Kachadoorian presented the major revenues of the general fund that include
sales taxes, property taxes; growth in assessed value; franchise fees; and development activity.
Budget Director Vaneenoo explained the development activity for residential building permits.
Finance Director Kachadoorian then discussed the City's budget issues and proposed solutions.
Page 6 - Council Minutes
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ACTION ITEMS (Continued)
Deputy Mayor Rindone requested clarification regarding 1) proposed housing adjustments from
1,800 to 1,200, when the actual number of building permits issued through this week is less than
400; 2) why staffing adjustments were not addressed in the Planning and Building Department to
the same degree and timeframe as those of other departments; 3) Fire Department overtime
usage; and 4) why the Human Resources Department has the most significant variance in its
expenditures. With regard to development projections, Budget Director Vaneenoo responded
that staff has had discussions with major developers in the City to try to foresee what permits
would be forthcoming, and also brought in a regional real estate expert. He believed that the
projected 1,200 permits were achievable and realistic. With reference to adjustments by the
Planning and Building Department, he stated that the department has scaled back building permit
revenues, is holding a number of personnel positions vacant, and has achieved significant
savings in its services and supplies budget. Regarding Fire Department overtime, budget staff is
working with the department on an analysis and would be coming back to Council with a fully
detailed report on what was driving these changes. With reference to the Human Resources
Department budget, Finance Director Kachadoorian explained that insurance premiums are due
during the first quarter of the year and evens out over the rest of the year. Deputy Mayor
Rindone requested that staff come back to Council with a detailed report on Fire Department
overtime.
Councilmember McCann questioned the review process to fill vacant staff positions that have
been frozen. Interim City Manager Thomson replied that vacant positions are being reviewed on
a case-by-case basis, with the exception of those for safety personnel. Councilmember McCann
asked about the Council budget subcommittee's proposed plan to develop a contingency plan.
Interim City Manager Thomson said he believed that in the interest of keeping a balanced
budget, it was appropriate to move expeditiously, but that staff would be glad to review the
process with the Council budget subcommittee. Councilmember McCann requested that staff
work with the Council subcommittee to develop an understanding of definitions and triggers and
also work on and implement some financial controls with regard to the budget.
Mayor Cox recommended that the matter of staff salary scales be added to the Council budget
subcommittee's list for discussion.
Councilmember Ramirez questioned the City's ability in future years to adjust expenditure
shortfalls. Budget Director Vaneenoo replied that if there were long-term shortfalls in revenues,
the Council would need to make potentially difficult decisions as part of the budget process.
Councilmember Ramirez asked to what extent the Fire Department overtime budget would affect
the budget. Mr. Vaneenoo responded that the City is hemmed in by the fact that the
Memorandum of Understanding process requires a constant minimum staffing approach.
Councilmember Castaneda stated that in the future, the Council would need to look at every
department and every position, but the first priority must be to look at preserving and enhancing
the services that directly affect the City's neighborhoods.
Mayor Cox commented that the long-term plan to right-size the City will need to be addressed.
ACTION:
Councilmember McCann then moved to accept the report. Councilmember
Castaneda seconded the motion and it carried 5-0.
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OTHER BUSINESS
15. CITY MANAGER'S REPORTS
There were none.
16. MAYOR'S REPORTS
A. Consideration of City Council regional and committee assignments.
Council assignments were made as follows:
Councilmember Ramirez:
University Blue Ribbon Committee (Alternate), International
Council for Local Environmental Initiatives (2nd Alternate), South
County Economic Development Council (Alternate), San Diego
Association of Governments Bayshore Bikeway Committee,
Public Safety Committee.
Deputy Mayor Rindone:
Interagency Water Task Force.
Councilmember McCann:
Chula Vista City Schools Task Force.
Councilmember Rindone requested that staff forward an updated list of assignments to Council.
Mayor Cox stated that she had asked Deputy Mayor Rindone to sit with her as a subcommittee
on the title structure of the Chula Vista Redevelopment Corporation, and that recommendations
would be brought back to the Council in a couple of weeks. She also stated that she had asked
Councilmember McCann to maintain his lead role in serving on the subcommittee in discussions
with the Chargers; and Councilmember Castaneda would be working with her on the
independent financial review subcommittee.
Councilmember Ramirez recommended establishing a lobbying ordinance review subcommittee,
comprised of himself and Councilmember McCann.
Deputy Mayor Rindone asked that consideration of establishing a Healthcare Commission be
placed on the agenda under his Council Comments for the January 9th meeting.
Councilmember McCann concurred with the suggestion by Mayor Cox to name the Chargers
subcommittee, "Chargers Relocation."
ACTION: Councilmember McCann moved that the members of the Chargers Relocation
comprise of the City Attorney, Planning Director, Mayor Cox, and Councilmember
McCann. The motion carried 5-0.
ACTION: Mayor Cox moved to approve the Mayor's recommendations for the remammg
Council assignments and subcommittees. Councilmember Castaneda seconded the
motion, and it carried 5-0.
Page 8 - Council Minutes
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OTHER BUSINESS (Continued)
B. Continued Council consideration of support staff in the Office of Mayor and Council.
(Council Budget Subcommittee Members Cox and McCann)
Mayor Cox stated that the Council budget subcommittee has drafted a proposal to fill the
position of Coastal Environmental Policy Consultant as a half-time position; return the $41,000
in savings directly to the general fund to pay for an independent audit of the City's budget; and
eliminate the staffing of the Intergovernmental Affairs Coordinator from the Mayor and Council
budget and shift those duties to the City Manager's Office, resulting in savings of$63,600 for the
balance of the fiscal year and $124,700 on an ongoing basis. Additionally, the Council might
wish to consider using the savings to increase each Councilmember's staffing. Mayor Cox then
proposed that staff bring back a resolution on January 9, 2007, splitting the $63,000 in savings
by returning half to the general fund and dividing the remaining half equally among the four
Councilmembers. Any additional funding for Council staff could then be addressed as part of
the comprehensive budget review at the May/June budget hearings.
Discussion ensued among Councilmembers, with Deputy Mayor Rindone expressing his
opposition to any increase in the Council budget. Councilmembers Ramirez and Castaneda
pressed to transfer all of the savings to the individual Council offices.
ACTION:
Mayor Cox moved to transfer the function of the Intergovernmental Affairs
Coordinator position to the City Manager's Office; eliminate the
Intergovernmental Affairs Coordinator position from the Mayor and City Council
budget; return half of the cost savings for the position to the general fund, with the
remaining half split between the four Councilmembers for staffing during this
fiscal year; and to further discuss Council staffing needs during budget
deliberations in Mayor June.
Councilmember Rindone asked that the motion be bifurcated to vote on the elimination of the
position and then the funding for the position.
ACTION:
ACTION:
ACTION:
Mayor Cox moved to eliminate the position of the Intergovernmental Affairs
Coordinator from the Mayor and Council budget and the shift of the duties to
existing staff in the City Manager's Office. Deputy Mayor Rindone seconded the
motion, and it carried 5-0.
Mayor Cox moved to take 50 percent of the savings from transferring the
Intergovernmental Affairs Coordinator position and return it to the general fund
for the balance of fiscal year 2007, and take the remaining 50 percent and divide it
equally among four Councilmembers. Councilmember Castaneda seconded the
motion. The motion failed, with Deputy Mayor Rindone and Councilmembers
McCann and Ramirez opposing.
Deputy Mayor Rindone moved to transfer all $63,600 in savings to the general
fund and entertain further budget proposals during the May/June budget process.
Council member McCann seconded the motion, and it carried 3-2, with
Councilmembers Castaneda and Ramirez opposing.
Page 9 - Council Minutes
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OTHER BUSINESS (Continued)
Mayor Cox suggested that the community remember those on duty in hospitals and in the
military, as well as our own police and fire personnel, who will give up their Christmas and New
Year celebrations for the sake of others. She offered thanks to them from the community. She
also thanked her colleagues and City staff who do their best to offer high standards of service
each day. She urged the community to help preserve and develop Chula Vista in order for it to
continue to be a pleasant and vibrant place in which to live. On behalf of the Council, she
extended season's greetings to all and wishes for peace, happiness and prosperity during 2007.
17. COUNCIL COMMENTS
Deputy Mayor Rindone wished all citizens the happiest of holidays and encouraged them to take
the opportunity to spend time with family and friends.
Councilmember McCann wished the community a Merry Christmas and Happy Hanukah and
encouraged all to spend time with family and friends and take a moment to assist those less
fortunate citizens.
CLOSED SESSION
18. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54967(b)
. City Manager
No reportable action was taken on this item.
19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One Case
This item was not discussed and no action was taken.
20. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
. Two Cases
This item was not discussed and no action was taken.
ADJOURNMENT
At 11 :30 p.m., Mayor Cox adjourned the meeting to the Regular Meeting on January 9, 2007 at
6:00 p.m. in the Council Chambers.
~
Lorraine Bennett, CMC, Deputy City Clerk
Page 10 - Council Minutes
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