HomeMy WebLinkAbout09/27/2016 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Closed Session and Regular Meeting
September 27, 2016
I. ROLL CALL - 6:00 p.m.
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
II. PUBLIC COMMENTS
Jim Mosher suggested the Council study the Southern California Gas Company's program of deploying
antennas on City streetlights. He questioned the City Manager's authority to exempt them from the
wireless ordinance and leasing the streetlights to them.
Steve Ray, Executive Director of the Banning Ranch Conservancy, objected to Council discussing the
Banning Ranch Conservancy litigation during Closed Session. He encouraged Council to avoid violating
the Brown Act and offered discussing the project with the Conservancy directly.
City Attorney Harp stated Council would be discussing the Banning Ranch litigation and will not be
violating the Brown Act.
City Attorney Harp announced that the City Council will adjourn to Closed Session to discuss
the item as listed in the Closed Session agenda and read the title.
A. CONFERENCE WITH LEGAL COUNSEL
EXISTING LITIGATION
(Government Code § 54956.9(d)(1)): 1 matter
Banning Ranch Conservancy v. City of Newport Beach, et al.
Orange County Superior Court Case No. 30-2012-00593557-CU-WM-CXC
B. CONFERENCE WITH LEGAL COUNSEL
ANTICIPATED LITIGATION - INITIATION OF LITIGATION
(Government Code § 54956.9(d)(4)): 2 matters
IV. RECESS - 6:04 p.m.
V. RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
VI. ROLL CALL
Present: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
VII. CLOSED SESSION REPORT -None
VIII. PLEDGE OF ALLEGIANCE -Council Member Petros
IX. INVOCATION - Council Member Curry
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City of Newport Beach
Closed Session and Regular Meeting
September 27, 2016
X. PRESENTATION
Presentation of a Check from the Newport Beach Public Library Foundation
Dorothy Larson, Chair of the Newport Beach Public Library Foundation, Susan Groux, Newport Beach
Library Foundation Programming Director, and Library Services Director Hetherton presented a
$185,000 check from the Newport Beach Public Library Foundation announcing a major component of
the gift would be for the opening day collection at the new Corona del Mar library branch.
XI. NOTICE TO THE PUBLIC
XII. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEMS)
Council Member Petros invited the public to "Movie in the Park" on September 30, 2016, at which the
Disney movie Zootopia would be shown.
Council Member Curry requested a future agenda item to adopt a resolution declaring October II,as
"Vin Scully Day." He reported.he toured the Delta region and discussed Governor Brown's proposal
regarding water supply protection. He also discussed the recent California Public Finance Conference
he attended.
Council Member Selich stated he attended the Balboa Island Centennial Celebration and discussed the
centennial events that took place.
Council Member Peotter announced the Corona del Mar Candidate Forum tomorrow at the OASIS
Senior Center.
Mayor Pro Tem Muldoon discussed the Delta tour. He thanked the participants in the Freedom Ride
from Oregon to California to bring awareness about human trafficking.
Mayor Dixon invited residents to the Fire and Lifeguard Appreciation Dinner on September 29, 2016, at
5:30 p.m. and the Newport Beach Wine & Food Festival on October 1 and 2, 2016. She invited the
community to the Fire Department Open House on October 9, 2016, from 11 a.m. to 2 p.m. She
announced the Newport Beach Arts Foundation "Art in the Park" event on October 15, 2016. She also
discussed the Half -Century Aerial Retrospective exhibit at the Central Library from October 3, 2016 to
December 2, 2016.
Community Development Director Brandt announced that the City had received a withdrawal
from the applicant for 150 Newport Center Project (Item 16). She stated there was no longer
an application on the property so the Public Hearing for this item would not occur.
XVIII. PUBLIC HEARINGS (Pursuant to City Council Policy A-6, Item No. 15 will be taken out of
order)
15. Public Hearing on Proposed Assessment District No. 114 and 114b - Area Bounded by
Riverside Avenue, 15th Street, Irvine Avenue & Cliff Drive
Mayor Pro Tem Muldoon recused himself from this Item because he has a business
conflict.
Council Member Curry recused himself from this Item due to a stockholder conflict.
Mayor Dixon announced that all ballots must be received by the City Clerk prior to the close of the
public hearing.
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City of Newport Beach
Closed Session and Regular Meeting
September 27, 2016
Mayor Dixon opened the public hearing.
Susan Kopicki addressed the Council in opposition to the formation of Assessment District No. 114
and 114B.
Jeanne Fobes opposed the formation of Assessment District No. 114 and 114B.
Linda Adams indicated opposition and discussed her request to review the roster of ballots via a
Public Records Act request.
Ernest Adams indicated opposition to the formation of Assessment District No. 114 and 114B
because he believed no benefit would be received from undergrounding the utilities.
Georgia Johnson stated she was opposed to the formation of Assessment District No. 114 and 114B.
Geri Ferguson opposed the formation of the Assessment District.
Diane Byers stated she was opposed to the formation of Assessment Districts No. 114 and 114B.
Frank Wilfert stated he was opposed to the formation of Assessment Districts No. 114 and 114B.
Michael Barnett stated he was opposed to the formation of Assessment Districts No. 114 and 114B.
Simone Wilson stated she was opposed to the formation of Assessment District No. 114 and 114B.
She expressed the opinion it was an unfair expense for those on fixed incomes.
Niall Barrett stated he was in favor of the formation of Assessment District No. 114 and 114B.
Mike Hefner expressed support for the formation of Assessment District No. 114 and 114B.
David Fults expressed support for the formation of Assessment District No. 114 and 114B.
Scott Barnard expressed support for the formation of Assessment District No. 114 and 114B.
Jim Mosher took issue with the abstract written in the staff report.
Charles Sharbrough expressed support for the formation of Assessment District No. 114 and 114B.
City Manager Kiff reminded residents that ballots had to be submitted prior to the close of the
public hearing.
City Clerk Brown stated she was aware that the City received an email indicating that one
individual was returning multiple ballots, which was prohibited by City Council Policy L-28;
however, she announced that she did not know of such an incident occurring and reported that
delivery was within regulations of the Policy.
City Attorney Harp added the denial of the public records request was appropriate.
City Manager Kiff explained the ballot counting process and indicated the public was welcome to
view the counting in the Community Room.
City Clerk Brown announced that those counting ballots have been deputized to do so.
Hearing no further testimony, Mayor Dixon closed the public hearing.
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City of Newport Beach
Closed Session and Regular Meeting
September 27, 2016
Mayor Dixon announced that the ballots will be counted at this time and the results will
be announced once the tabulations have been completed.
City Clerk Brown announced that, based on the tabulations for the ballots received for Assessment
District No. 114, 38.6% of the ballots were submitted in favor of the Assessment District for a total
assessment of $1,656,435.86; and 61.4% of the votes were submitted in opposition, for a total
assessment of $2,637,071.27. Further, she announced that, based on the tabulations for the ballots
received for Assessment District No. 114b, 50.3% of the ballots were submitted in favor of the
Assessment District for a total assessment of $401,595.09; and 49.7% of the votes were submitted in
opposition, for a total assessment of $396,305.65
City Manager Kiff clarified Council's action to find that there was not a majority approval in
Assessment District No. 114, therefore, proceedings do not advance. City Attorney Harp added the
next step would be to adopt the resolution to abandon Assessment District No. 114 and 114b.
Brian Forbath, Stradling, Yocca, Carlson & Rauth, City Bond Counsel, reported that, since there
was majority protest in Assessment District No. 114, it cannot come back for a period of one year.
He stated there was not a majority protest in Assessment District No. 114b, so it could come back
without a waiting period.
Motion by Council Member Selich seconded by Council Member Petros, to a) adopt
Resolution No. 2016-113, A Resolution of the City Council of the City of Newport Beach, California,
Declaring Abandonment of Proceedings for City of Newport Beach Assessment District No. 114 and
114b, to abandon the proceedings.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Petros, Mayor Dixon
Recused: Council Member Curry, Mayor Pro Tem Muldoon
Public Works Director Webb discussed the efforts relative to this item. Mayor Dixon thanked staff
and residents on both sides.
In response to Council Member Petros' question, Public Works Director Webb stated funds were
expended on assessment engineering and bond counsel. Council Member Petros stated $115,000 of
taxpayers' funds could have been saved if the policies were followed.
XIII. PUBLIC COMMENTS ON CONSENT CALENDAR - None
XIV. CONSENT CALENDAR
READING OF MINUTES AND ORDINANCES
1. Minutes for the September 13, 2016 Study Session and Regular Meeting [100-2016]
Waive reading of subject minutes, approve as amended, and order filed.
Council Member Curry abstained on Item 1 since he was not in attendance.
2. Reading of Ordinances
Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title
only.
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City of Newport Beach
Closed Session and Regular Meeting
September 27, 2016
CONTRACTS AND AGREEMENTS
4. Newport Boulevard Water Main Replacement (Via Oporto to 28th Street and 26th Street
to 19th Street) - Notice of Completion for Contract No. 5481 (Project No. 15W02) [381100-
2016]
a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
Accept the completed work and authorize the City Clerk to file a Notice of Completion for the
project. (On December 8, 2015, City Council found this project was found to be exempt from the
California Environmental Quality Act (CEQA) pursuant to Section 15301 and 15303);
b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code; and
c) Release the Faithful performance Bond one year after acceptance by the City Council.
5. County of Orange Lower Santa Ana River Sand Management - Approval of Cooperative
Agreement (C-8214-1) 1381100-20161
a) Acknowledge that the County of Orange has processed the necessary environmental clearances
and regulatory permitting for the project; and
b) Approve Cooperative Agreement with the County of Orange.
Amendment of Professional Services Agreement with Psomas DBA BonTerra Psomas for
Environmental Services for the Proposed Harbor Pointe Senior Living Project Located
at 101 Bayview Place (PA2015-210) (C-7075-1) [381100-20161
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve the amendment to the Professional Services Agreement, and authorize the Mayor and
City Clerk to execute the agreement.
8. Approval of a Professional Services Agreement with Wittman Enterprises, Inc. to provide
Emergency Medical and Ambulance Billing Services (C-8076-2) [381100-20161
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve a five (5) year Professional Services Agreement with Wittman Enterprises, Inc. to
provide Emergency Medical and Ambulance Billing Services at a not to exceed amount of
$175,000 per contract year, and authorize the Mayor and City Clerk to execute the Agreement.
9. Approve Participation in the Orange County All -Hazards Incident Management Team
(OC AHIMT) (C-8215-1) [381100-20161
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the
Orange County Fire Authority (OCFA) to participate in the Orange County All -Hazards
Incident Management Team (OC-AHIMT).
10. Contract with Former City Employee, Michelle Caldwell (C-8216-1) [381100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with former
employee, Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position
of Police Dispatcher until the earlier of when the Dispatcher vacancy is filled or September 27,
2017.
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City of Newport Beach
Closed Session and Regular Meeting
September 27, 2016
MISCELLANEOUS
11. Planning Commission Agendas for September 22, 2016 Regular Meeting and the
September 26, 2016 Special Meeting [100-2016]
Receive and file.
12. Update on Water Use and Conservation Efforts - August 2016 [100-2016)
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Receive and file.
13. Code Amendment Initiation Amending Title 20 - Temporary Signs (PA2016-149) [100-
20161
a) Find this action is exempt from the California Environmental Quality Act ("CEQX) pursuant to
Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines; and
b) Initiate an amendment to Section 20.42.090 of the Municipal Code allowing noncommercial
pennant banners and themed lighting to be hung across public streets with limitations placed
on street size, dates, and length of placement.
14. Budget Amendment to Accept a Check in the Amount of $185,000 from the Newport
Beach Public Library Foundation and Appropriate Funds to the Library's Fiscal Year
2016/2017 Maintenance and Operation Budget [100-2016]
a) Determine that the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not
result in a physical change to the environment, directly or indirectly; and
b) Approve Budget Amendment No. 17BA-010 to increase revenue estimates by $185,000 in
Account 0106051-511085 (Library Foundation) and to increase expenditure estimates by the
same amount in Division 0106051 (Library Foundation) and Division 01060604 (Literacy
Services).
Motion by Mayor Pro Tem Muldoon seconded by Council Member Duffield, to approve the
Consent Calendar, except for the Items removed (3 and 6); and noting that Item 11 was amended and
Council Member Curry abstained on Item 1.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member
Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XV. ITEMS REMOVED FROM THE CONSENT CALENDAR
3. City Council Policy on Candidate Forums that Use City Resources [100-2016]
In response to Council Member Curry's question, City Manager Kiff explained the genesis of the
item, and requested clear authorization to waive fees for the rental of City facilities and direction on
what should be televised.
Council Member Curry asked if any Council Member had provided recommendations for the policy.
City Manager Kiff indicated Council Member Peotter had suggested a more direct selection process
on fee waivers and televised forums. He noted he was bringing the matter forward and did not have
issues with including Council Member Peotter's recommendations.
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City of Newport Beach
Closed Session and Regular Meeting
September 27, 2016
Council Member Curry believed it was appropriate to encourage candidate forums and to televise
them. He questioned Council Member Peotter's participation and the specific organizations called
out for paying for use of City facilities. He took issue that the policy would prohibit certain
groups/people from hosting forums. He expressed his opposition to creating a policy for a problem
that did not exist.
Mayor Pro Tem Muldoon expressed support for the policy because it restricted speck political
groups from perpetuating their political agenda using taxpayer dollars. He believed local groups
needed to be considered first.
Motion by Mavor Pro Tem Muldoon. seconded by Council Member Peotter, to a) determine
that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical
change to the environment, directly or indirectly; and b) adopt Resolution No. 2016-112, A
Resolution of the City Council of the City of Newport Beach, California, Establishing a City Council
Policy for Candidate Forums that Use City Resources, Council Policy A-21, but amend as follows:
1) "non-partisan groups that have not had. a Political Action Committee (PAC) within 12 months" to
"locally based non-profit groups," 2) strikeout "that they do not have a ballot measure," and 3) that
the decision not be left to the City Council but deferred to the City Manager regarding legitimacy of
the local non-profit group.
Council Member Peotter believed incumbents tended to take advantage of the use of taxpayer funds
for campaigns and the policy did not prohibit forums, but required payment for use of City facilities.
Council Member Peotter suggested amending the motion to require staff to present proposed
criteria each election cycle for Council approval prior to accepting any applications. Mayor Pro Tem
Muldoon suggested that and amendments should occur as needed in the future.
Council Member Selich expressed opposition to changing the existing policy. He stated it had not
been an issue previously and could be administered by staffs commonsense judgment. He
questioned why it was before Council.
Council Member Curry concurred with Council Member Selich that it had worked well without any
problems. He noted the facilities were otherwise empty if the forums did not occur.
In response to Mayor Dixon's request for policy clarification, City Manager Kiff stated he did not see
a clear policy regarding rental fee waivers and which candidate forums to record. Assistant to the
City Manager Finnigan explained the NBTV archives and discussed the past practice to not post
forums on the City's website.
Mayor Pro Tem Muldoon expressed concern with filming forums for for-profit and political groups.
Council Member Duffield pointed out the Council Policy is to provide clarity to staff for the future.
Substitute motion by Council Member Petros, seconded by Council Member Curry, to
come back at a Study Session to identify the issues, discuss the groups involved, and provide an
alternative policy.
Council Member Selich stated he also opposes the substitute motion because he believed there was
no need to do anything and reiterated that this Council Policy should be left to staffs discretion.
Mayor Pro Tem Muldoon withdrew his motion and indicated support for the substitute motion
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City of Newport Beach
Closed Session and Regular Meeting
September 27, 2016
Dennis Baker stated he was a member of the Corona del Mar Residents Association Board and Still
Protecting Our Newport (SPON), but was speaking as an individual. He expressed concern with
Mayor Pro Tem Muldoon's statement regarding controlling groups, noting AirFair was a PAC and
had a relationship with SPON. He discussed his efforts to televise Planning Commission meetings.
He expressed concern with restricting public access and transparency.
George Schroeder requested the West Newport Beach Association's candidate forum be available
online. He indicated support for adopting the Council Policy.
Saboohi Currim, Newport Beach Women's Democratic Club, discussed their candidate forum. She
stated partisan groups can host forums for non-partisan seats. She stated they did not pay for the
facility, but did pay for staff and overhead time. She urged Council to consider the event for which
the forum was held.
Tim Stoaks took issue with Mayor Pro Tem Muldoon's statement regarding controlling groups and
discussed his involvement in organizations that conduct forums.
Mayor Pro Tem Muldoon stated that was not what he meant and explained his previous statement
Jim Mosher believed there were too many loose ends to adopt the Council Policy and there was no
urgency. He clarified that none of the forums filmed by NBTV were on the website and suggested
making them available to the public.
Mayor Pro Tem Muldoon stated he was not referring to freedom of speech or regulation. He
discussed freedom of speech and emphasized that taxpayers should not publicly subsidize political
messages.
Council Member Curry believed the intent was to allow community groups to use community
buildings that would otherwise be empty to conduct candidate forums on all candidates. He stated
the item should be tabled and expressed concern with Council Member Peotter's participation with
this item.
Council Member Selich suggested allowing any group to conduct candidate forums in City facilities
and be broadcast on NBTV. He noted the total cost would only be $15,000.
Mayor Pro Tem Muldoon expressed concern with interviewing candidates. He reiterated that
taxpayer funds should not be used to push someone's personal agenda. He stated he understood the
12 -month preclusion of PACs.
In response to Council Member Peotter's question, City Manager Kiff stated the proposed policy
would not apply for the current election so a decision could be delayed.
City Manager Kiff clarified the motion to come back at a future Study Session.
The substitute motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
Nays: Council Member Selich
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City of Newport Beach
Closed Session and Regular Meeting
September 27, 2016
6. Semeniuk Slough Maintenance Project - Reject all Bids - Construction Contract (15X17)
(C-3636 - B) [381100-2016]
Public Works Director Webb displayed a map of the area.
Council Member Peotter discussed the ever-changing pieces and believed it was easier to delay the
project.
Public Works Director Webb reported they could not come to agreement with a private property
owner.
Motion by Council Member Peotter, seconded by Council Member Petros, to a) find this
project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15304(H) - Minor Alteration of Land, of the CEQA Guidelines, because it has no potential to have a
significant effect on the environment; b) reject all bids; and c) direct staff to review the scope of work
and re -advertise for bids.
Council Member Petros stated he had been hosting meetings with the Newport Shores residents
and they were aware of the sale of the property.
Jim Mosher questioned whether the green portion on the map was City property. Public Works
Director Webb clarified that it was State land, but maintained by the City.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member
Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS
Susan Halton requested help in fixing the hazardous traffic situation at the corner of Irvine Boulevard
and Private Road.
Mayor Dixon stated she visited the location and suggested staff review the matter. Public Works
Director Webb stated traffic staff had reviewed the intersection and efforts to increase the sight line.
XVII. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES
Council Member Peotter reported on the Town Hall Meeting held by the Orange County Mosquito and
Vector Control District.
Council Member Petros discussed the Finance Committee meeting that was held on September 15,
2016, and encouraged attendance at the upcoming meeting on October 13, 2016.
XVIII. PUBLIC HEARINGS
16. 150 Newport Center Residential Project (PA2014-213) - 150 Newport Center Drive -
General Plan Amendment No. GP2014-003, Code Amendment No. CA2014-008, Planned
Community Development Plan No. PC2014-004, Site Development Review No. SD2014-006,
Tentative Tract Map No. NT2015-003 (County Tentative Tract Map No. 17915),
Development Agreement No. DA2014-002, Environmental Impact Report No. ER2015-002,
Use Permit No. UP1461 Revocation (C-8217-1) [381100-2016]
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City of Newport Beach
Closed Session and Regular Meeting
September 27, 2016
The item was withdrawn by the Applicant.
XIX. CURRENT BUSINESS
17. Appointment of New Civil Service Board Member to Fill the Unscheduled Vacancy on the
Civil Service Board [241100-20161
City Clerk Brown explained the voting process.
City Clerk Brown read the ballot votes as follows:
Jane Della Grotta - Mayor Pro Tem Muldoon and Mayor Dixon
Sharon Wood - Council Member Peotter, Council Member Duffield, Council Member Selich, Council
Member Curry, Council Member Petros
City Clerk Brown announced that Sharon Wood was appointed to the Civil Service Board to serve
the unexpired term which expires on June 30, 2018.
XX. MOTION FOR RECONSIDERATION - None
XXI. ADJOURNMENT -Adjourned at 8:42 p.m. in memory of Theodore "Bob" Robins, Jr.
The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
September 22, 2016, at 4:00 p.m. The amended agenda was posted on the City's website and
on the City Hall Electronic Bulletin Board located in the entrance of the City Council
Chambers at 100 Civic Center Drive on September 23, 2016, at 9:30 a.m.
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- OACity Clerk
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