12/06/2012
CITY COUNCIL MEETING MINUTES
CITY OF CLEARWATER
December 6, 2012
Present: Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
Also Present: William B. Horne II – City Manager, Jill Silverboard - Assistant City
Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City
Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official
Records and Legislative Services Coordinator.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. Call to Order – Mayor George N. Cretekos
The meeting was called to order at 6:00 p.m. at City Hall.
2. Invocation – Mayor George N. Cretekos
3. Pledge of Allegiance – Vice Mayor Paul Gibson
4. Presentations – Given.
4.1 Turkey Trot Presentation - Skip Rogers, Race Director.
Mr. Rogers thanked the City for its continued support, reviewed event highlights and
presented the City with a commemorative plaque.
4.2 Annual Utilities We Care Fund Appeal - John Scott, Customer Service
Residents were encouraged to donate to the fund, which is used to assist paying utility
bills for people experiencing temporary financial difficulties.
5. Approval of Minutes
5.1 Approve the minutes of the November 15, 2012 City Council Meeting as
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submitted in written summation by the City Clerk.
Councilmember Bill Jonson moved to approve the minutes of the November 15, 2012
City Council Meeting as submitted in written summation by the City Clerk. The motion
was duly seconded and carried unanimously.
6. Citizens to be Heard re Items Not on the Agenda – None.
rd
Rabbi Shmuly Reich invited all to attend the 3 Annual Chanukah Menorah Lighting on
Sunday, December 9, 1:00 p.m. at City Hall.
Public Hearings - Not before 6:00 PM
7. Second Readings - Public Hearing
7.1 Adopt Ordinance 8365-12 on second reading, annexing certain real property
whose post office address is 1990 Sunset Point Road, into the corporate limits of
the city and redefining the boundary lines of the city to include said addition.
Ordinance 8365-12 was presented and read by title only. Councilmember Jay E.
Polglaze moved to adopt Ordinance 8365-12 on second and final reading. The motion
was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
7.2 Adopt Ordinance 8366-12 on second reading, amending the Future Land Use
Plan element of the Comprehensive Plan of the city to designate the land use for
certain real property whose post office address is 1990 Sunset Point Road, upon
annexation into the City of Clearwater, as Commercial General (CG).
Ordinance 8366-12 was presented and read by title only.
The City Attorney said that Exhibit B was amended to correct the boundary line of the
annexed property to exclude a small portion of the right of way; a motion to amend on
second reading is required.
Councilmember Bill Jonson moved to amend Ordinance 8366-12, Exhibit B, to correct
boundary line of the annexed property to exclude a small portion of right of way. The
motion was duly seconded and carried unanimously.
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Vice Mayor Paul Gibson moved to adopt Ordinance 8366-12 on second and final
reading, as amended. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
7.3 Adopt Ordinance 8367-12 on second reading, amending the Zoning Atlas of the
city by zoning certain real property whose post office address is 1990 Sunset
Point Road, upon annexation into the City of Clearwater, as Commercial (C).
Ordinance 8367-12 was presented and read by title only.
The City Attorney said that Exhibit B was amended to correct the boundary line of the
annexed property to exclude a small portion of the right of way; a motion to amend on
second reading is required.
Councilmember Bill Jonson moved to amend Ordinance 8367-12, Exhibit B, to correct
boundary line of the annexed property to exclude a small portion of right of way. The
motion was duly seconded and carried unanimously.
Councilmember Doreen Hock-DiPolito moved to adopt Ordinance 8367-12 on second
and final reading, as amended. The motion was duly seconded and upon roll call, the
vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
8. Consent Agenda – Approved as submitted.
8.1 Award a contract (purchase order) for the extension of the runway at Clearwater
Airpark (Project 12-0006-AP) to Ajax Paving Industries of Florida, of the City of
Nokomis, County of Sarasota and State of Florida, for the sum of $1,697,205.95
which is the lowest responsible bid received in accordance with the plans and
specifications, and authorize the appropriate officials to execute same. (consent)
8.2 Approve a three-year Agreement between ExtremeTix, Inc. (ET) and the City of
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Clearwater (City) to provide ticketing solutions for City Special Events comprising
of advanced internet ticket sales, box office sales, telephone sales, bulk ticket
printing, support services, and ticket validation components and authorize the
appropriate officials to execute same. (consent)
8.3 Award a contract to Pine Lake Nursery and Landscape of Lutz, Florida, Bid 11-
0048-PR (A) to provide Phase II landscape improvements for State Road 60
medians from Skyview Avenue to Edenville Avenue for a cost of $103,799.65;
approve the transfer of $19,681 from 010-01876-550400-572-000 (Project Team
General Operating Fund) to CIP 315-93626 (FDOT Median and ROW
Enhancement) project at first quarter and authorize the appropriate officials to
execute same. (consent)
8.4 Approve the Voluntary Cooperation Mutual Aid Agreement between the Florida
Department of Law Enforcement (FDLE) and the City of Clearwater Police
Department, pertaining to the Tampa Bay Regional Child Abduction Response
Team (CART), commencing January 1, 2013 through December 31, 2016, and
authorize the appropriate officials to execute same. (consent)
8.5 Award a Contract (Purchase Order) for $373,964.00 to Stingray Chevrolet of
Plant City, FL for 13 Chevrolet Caprice Police Cars, in accordance with Sec.
2.564(1)(d), Code of Ordinances - Other Governmental bid; authorize lease
purchase under the City's Master Lease Purchase Agreement; authorize the
purchase of 6 vehicles under Penny for Pinellas III proceeds; authorize the
purchase of one vehicle from Project 181-99350 and authorize the appropriate
officials to execute same. (consent)
8.6 Award a Contract (Purchase Order) for $214,165.00 to Alan Jay Automotive
Network of Sebring, FL for seven (7) Chevrolet Tahoe, in accordance with Sec.
2.564(1)(d), Code of Ordinances - Other Governmental bid; authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize the
appropriate officials to execute same. (consent)
8.7 Award a Contract (Purchase Order) for $142,440.00 to Alan Jay Automotive
Network of Sebring, FL for four 2013 Chevrolet Tahoe, in accordance with Sec.
2.564(1)(d), Code of Ordinances - Other Governmental bid, authorize lease
purchase under the City's Master Lease Purchase Agreement and authorize the
appropriate officials to execute same. (consent)
8.8 Award a contract to Southeast Drilling Services, Inc. of Tampa, Florida for the
construction of the Reservoir 2 Brackish Wellfield Expansion Project in the
amount of $1,576,481.50, which is the lowest responsible bid in accordance with
plans and specifications; and authorize the appropriate officials to execute same.
(consent)
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8.9 Award a contract (purchase order) to Brandes Design Build, Inc. of Clearwater,
in the amount of $8,121,739.69 for construction of the Reverse Osmosis Plant 1
Expansion Part 2 Plant Expansion (09-0018-UT), which is the lowest
responsible bid received in accordance with the plans and specifications for this
project; approve Work Order in the amount of $969,790 to Camp Dresser McKee
and Smith, Inc., (CDM Smith) an Engineer-of-Record for the City of Clearwater,
to provide Construction Engineering and Inspection (CEI) Services; and
authorize the appropriate officials to execute same. (consent)
8.10 Approve the conveyance of an Underground Distribution Easement to Florida
Power Corporation (FPC), doing business as Progress Energy Florida, Inc.,
granting appropriate authority to FPC for its continued operation and
maintenance of facilities located within a former City right-of-way; and authorize
the appropriate officials to execute same. (consent)
8.11 Approve a Supplemental Work Order in the amount of $50,000, to an existing
Work Order of $271,690, approved by Council on October 22, 2009, bringing the
total budget to $321,690, to Cardno TBE, an Engineer-of-Record for the City of
Clearwater, to provide additional Construction Engineering and Inspection (CEI)
services for the relocation of the City’s water, sewer and reclaimed water
facilities that are in conflict with the reconstruction of US 19 from Whitney Road
to north of Gulf to Bay Blvd, (SR 60);and authorize the appropriate officials to
execute same. (consent)
8.12 Authorize the City Attorney to hire Thompson, Sizemore and Gonzales to
represent the City in the matter of Dwayne Chris Vaughan and Michael Faulkner
v. City of Clearwater in the initial estimated amount of $100,000. (consent)
Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as
submitted and authorize the appropriate officials to execute same. The motion was duly
seconded and carried unanimously.
City Manager Reports
9. Other Items on City Manager Reports
9.1 Approve the US 19 Corridor Redevelopment Plan and adopt Resolution 12-18.
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The US 19 Corridor Redevelopment Plan is a guiding document that summarizes
the current context of the corridor and sets forth an implementable vision to
strengthen the identity, design, mobility, and competitiveness of the corridor in the
region. The strategies identified in the Plan fall primarily under the purview of the
City but also state the need for coordination with area businesses and various
governmental entities. The project was funded through the Department of
Energy’s Energy Efficiency and Conservation Block Grant program, and builds
upon goals and strategies contained in the Clearwater Greenprint, which was
approved by Council on December 14, 2011.
With assistance from a consultant team led by HDR, the Planning and
Development Department worked with corridor stakeholders to define land use
and development strategies to leverage the corridor’s unique locational
advantages, capitalize on market opportunities, and maximize benefits of planned
transit and transportation improvements. Public outreach activities included:
Stakeholder Listening Sessions and Focus Groups: In February and March 2012,
five group listening sessions (organized by general types of stakeholders) and five
individual listening sessions (organized for targeted outreach to specific
individuals or small groups) were held to hear insights on the assets, issues and
opportunities along the corridor. Four additional focus groups were held to receive
feedback on the preliminary framework plan and strategies in August 2012.
City Council: The project team presented at three City Council work sessions to
receive guidance on preliminary and recommended framework plan and
strategies.
Public Open House Events: Two open house events were held in May 2012 and
August 2012 to preview the framework plan, engage the public, and to prioritize
refined strategies; and
Public Outreach Campaign: In March, May, July and August 2012, staff spoke
about the project at the Clearwater Regional Chamber of Commerce Government
Affairs Committee and three Metropolitan Planning Organization (MPO)
committee meetings, keeping community members and representatives of other
municipalities updated on the progress of the plan.
Online Forum: From March to September 2012, an emerging public outreach tool,
MindMixer, was used as an online discussion board for the Plan providing an
additional outlet for public engagement.
To provide context for the Plan, both a market analysis and a land use and
mobility assessment were conducted. The market analysis was performed by
RCLCO, a national real estate advisory firm, and outlined the conditions and
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trends influencing the corridor’s market position in the City and Tampa Bay
Region. The land use and mobility assessment was performed by HDR and
provided background information regarding conditions along the corridor including
land use and development, parks, trails and open space, form and character,
planning and development context and mobility.
A framework plan was developed that divides the corridor into three types of
revitalization areas Regional Centers, Neighborhood Centers and In-Between
Areas and offers general guidance on the appropriate intensity, form and
character of development for each type. The framework plan, included within the
overall plan document, includes five concept studies of specific sites to
demonstrate the development potential using the guidance contained in the
framework plan.
The US 19 Corridor Redevelopment Plan recommended strategies serve as the
starting point for future implementation steps along the corridor. While some of the
strategies will require policy changes to City documents, including the
Comprehensive Plan and the Community Development Code, others call for
increased participation from private enterprise, increased coordination and
promotion of transit improvements and the introduction of green technology along
the corridor. The recommended strategies are organized into four topic areas:
revitalization and redevelopment, competitiveness, mobility and connectivity, and
sustainability, as generally described below.
1. Revitalization and Redevelopment (Plan pages 61-72): The strategies focus on
the long-term retrofit and redevelopment of sites at the corridor’s Regional and
Neighborhood Centers and the ongoing transformation and improvement of the
In-Between Areas. The strategies set the stage to allow higher development
intensities and densities with corresponding design standards. Strategies include:
Plan for land use intensification;
Apply a new zoning overlay district;
Draft new design standards;
Encourage employment-intensive and transit-supportive land uses; and
Initiate a property improvement program.
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2. Competitiveness (Plan pages 72-75): The strategies are designed to accelerate
the pace of improvement along the corridor by aligning actions and programs
affecting the corridor’s competitive position. Strategies include:
Expand development incentives;
Facilitate review processes;
Create a corridor improvement organization;
Install wayfinding signs;
Strengthen brand identity; and
Enhance gateways and streetscapes.
3. Mobility and Connectivity (Plan pages 76-82): The strategies center on making
it easier to travel from place to place by various modes of transportation, which
contributes to a more livable and competitive corridor. Strategies include:
Create interconnected street networks;
Improve conditions for pedestrians and cyclists;
Advocate for enhanced transit service; and
Plan for circulator service.
4. Sustainability (Plan pages 83-87): The strategies presented are a logical
continuation of those presented as part of the Clearwater Greenprint, which calls
for the promotion of more sustainable practices in the design of public and private
spaces and achieving more energy and resource efficient kinds of development.
Strategies include:
Green streets program and initiatives;
Low impact development for sites and buildings; and
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Energy and water efficiency.
The US 19 Corridor Redevelopment Plan also includes Appendix A, which
contains a series of maps developed for the land use and mobility assessment
portion of the plan. Appendix B presents case studies of several mixed-use
developments and green redevelopment projects. Appendix C contains additional
information on all engagement and outreach activities.
HDR Consultant Steve Shucraft presented a PowerPoint presentation.
In response to questions, Mr. Shucraft said the plan anticipates future changes in
development trends. Westfield Countryside Mall is a dynamic type of development that
can change over time; the mall can introduce parking structures in order to build out
current parking areas and add additional uses to the site. It is ideal to have parallel
access routes along the US Highway 19 corridor so short local trips will not require
entering US Highway 19.
One individual spoke in support and suggested that staff be directed to implement the
plan as soon as possible.
Councilmember Jay Polglaze moved to approve the US 19 Corridor Redevelopment
Plan. The motion was duly seconded and carried unanimously.
Resolution 12-18 was presented and read by title only. Vice Mayor Paul Gibson moved
to adopt Resolution 12-18. The motion was duly seconded and upon roll call, the vote
was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
9.2 Amend Article VII, Solid Waste Management, Section 32.2715 definitions;
Sections 32.272(4) and 32.288 repealing City of Clearwater Exclusivity in
collection of construction and demolition debris or putrescible waste from
commercial or industrial establishments; Section 32.274 making the
inappropriate disposal of E-waste unlawful; Section 32.275 clarifying that it is the
responsibility of a party generating prohibited materials to dispose of such waste
legally; Section 32.277 modifying penalties for private haulers failing to adhere to
the rules of the permit program; Section 32.280 advising that the City may collect
Council 2012-12-06 9
E-waste only after the property owner has scheduled a pick-up and providing the
City the ability to issue stop work orders for construction projects using
unpermitted private haulers; Section 32.284 providing dimension specifications
for enclosures; Section 32.290 clarifying that all permit documentation is due the
20th day of the following month or the next business day, if such day falls on a
weekend or City holiday; Section 32.293(4) advising permitees appealing a
revocation or denial of a private hauling permit of the administrative fee
associated with such appeal; Clarifying language in Appendix A schedule of
fees, rates and charges and providing an effective date and pass Ordinance
8315-12 on first reading.
Section 32.2715 Definitions - added: (3) Commercial Waste means solid waste
generated by a commercial establishment exclusive of hazardous or bio-
hazardous waste,(6) added: Construction and Demolition (c&d) debris means
discarded materials generally considered to be not water-soluble and
nonhazardous in nature, including, but not, limited to, steel, glass, brick, concrete,
asphalt roofing material, pipe, gypsum wallboard, and lumber from the
construction or destruction of a structure as part of a construction or demolition
project or from the renovation of a structure and includes, rocks, soils, tree
remains, trees, and other vegetative matter that normally results from land
clearing or land development operations for a construction project, including such
debris from construction of structures at a site remote from the construction or
demolition project site. Mixing of construction and demolition debris with other
types of solid waste will cause the resulting mixture to be classified as other than
construction and demolition debris. The term also includes: (a) Clean cardboard,
paper, plastic, wood, and metal scraps from a construction project; (b) Except as
provided in F.S. 403.707(9)(i), yard trash and unpainted, non-treated wood scraps
and wood pallets from sources other than construction or demolition projects; (c)
Scrap from manufacturing facilities which is the type of material generally used in
construction projects and which would meet the definition of construction and
demolition debris if it were generated as part of a construction or demolition
project. This includes debris from the construction of manufactured homes and
scrap shingles, wallboard, siding concrete, and similar materials from industrial or
commercial facilities; and (d) Deminimis amounts of other hazardous wastes that
are generated at construction or destruction projects, provided such amounts are
consistent with best management practices of the industry.(11) added: Because
these items potentially carry hazardous materials, such as mercury or lead, E-
waste needs to be transported, handled, and either disposed of or recycled with
special care.(13) added: Industrial waste means solid waste generated by an
industrial establishment, exclusive of hazardous or biohazardous waste.(16)
added: industrial(22) added: receptacle (25) changed: 40 to forty(26) added: a
waste receptacle in exchange for payment or consideration, added: collecting,
transporting, processing, or receiving contents, added: such added: regardless of
Council 2012-12-06 10
whether the contents of such waste receptacle are disposed of in the waste
stream or are recycled.(34) added: and demolition
Section 32.272(4) added: and demolition added: special waste, or yard waste,
added: such containers so long as the private collector remains in good standing
pursuant to the City's permit program as described in this Chapter. All putrescible
waste shall be hauled or collected in an enclosed container. Any deviation from
this section requires the written approval of the solid waste/general services
director or designee.(9) added - and demolition32.274 (8) added: Disposal of E-
waste by either placing curbside for solid waste personnel collection or in either
waste or recycling receptacles shall be unlawful and subject to federal, state,
and/or local penalty if any person or entity disposing of E-waste within the City of
Clearwater has failed to first coordinate its removal in an environmentally safe and
appropriate manner. (9) added: and demolition32.275 (3) added “paint”; added: It
shall be the responsibility of the party generating the prohibited material waste to
legally remove and properly dispose of said waste.32.277 (5) added: residential
refuse and/or recycling. added: after written notice and added: sole (8) added: be
assessed a fifteen added: interest charge added: unpaid after the 20th day of the
following month that the remittance was due. if the 20th day is a Saturday,
Sunday or city holiday, the monthly fee shall be due on the next business day.
added: $25.00 administrative fee each business day. (9) added: A roll-off
container and/or waste receptacle permittee's failure to fax or email the monthly
list of new waste receptacles set within the Clearwater city limits to Solid
Waste/General Services Administrative staff by the 5th business day of the
following month shall result in the assessment of a $25.00 administrative fee each
business day the permittee fails to provide the listing and possible revocation of
the permit.(10) added: If an audit discloses that a roll-off container and/or waste
receptacle permittee has underpaid the remittance as required by this division by
more than five percent of the required total, then in addition to a remittance in the
amount of the underpayment, the permitee shall pay the cost of the audit and
fifteen percent interest on the amount of the underpayment. (11) added: If a roll-
off container and/or waste receptacle permittee fails to provide documentation
requested for an audit by the date specified in the written request for such
documentation the City shall assess a $25.00 administrative fee each business
day the permittee is delinquent in remitting the documentation and shall begin the
permit revocation process.32.280 (h) added: E-waste. E-waste shall be collected
by the City only after the property owner has scheduled a pick-up with Solid
Waste Department personnel. (i) added: None of the above may be placed for
collection more than 24 hours in advance of a scheduled pick-up. (3) Storing of
solid waste (f) added: The City's Building Department may issue a Stop Work
Order to a construction site that utilizes a roll-off container and/or waste
receptacle hauler that has failed to register with the City of Clearwater.32.284 (6)
added: and maintained added: pursuant to section 3-2-1.D of the Clearwater
Community Development Code and City Engineering Index 701. (7) changed.
haulers32.288 added: hauling, added: and demolition added: industrial, added:
Council 2012-12-06 11
or industrial added: hauling added: and demolition added: or industrial 32.290
Prerequisites to issuance. (b) Changed 15 to fifteen, added: (also known as a
permit fee). added: the 20th. added: If the 20th day occurs on a Saturday, Sunday
or City holiday, the report, remittance, and invoice copies shall be due the next
business day: 32.293(3) added: A permitee that avails itself of its right to appeal a
termination or denial to the City Manager, and if necessary, the City Council
understands that it must pay the appropriate administrative fee associated with
such appeal.
Section 11. That Appendix A, XXV Public Works-Fees, Rates and Charges
(32.068) be amended by adding the underlined language and deleting the stricken
language as follows: (3) Rates: (c) Solid Waste collection rates. a. Single family
and multiple family dwellings. 5. added: beginning January 1st of each
calendar year, changed: provided 6. Added: Only city-owned, added: utilized
by commercial or industrial customers, added: complimentary added: calendar.
(5) Other Miscellaneous charges: (b) Solid Waste roll-off or waste receptacle
service: 3. (a) added: may (b) added: $400.00 changed: approval added: or
designee.
One individual requested that the ordinance be amended to include industrial.
In response to a question, Solid Waste/General Services Director Earl Gloster said
industrial should have been included.
Councilmember Doreen Hock-DiPolito moved to amend Article VII, Solid Waste
Management, Section 32.2715 definitions; Sections 32.272(4) and 32.288 repealing
City of Clearwater Exclusivity in collection of construction and demolition debris or
putrescible waste from commercial or industrial establishments; Section 32.274 making
the inappropriate disposal of E-waste unlawful; Section 32.275 clarifying that it is the
responsibility of a party generating prohibited materials to dispose of such waste legally;
Section 32.277 modifying penalties for private haulers failing to adhere to the rules of
the permit program; Section 32.280 advising that the City may collect E-waste only after
the property owner has scheduled a pick-up and providing the City the ability to issue
stop work orders for construction projects using unpermitted private haulers; Section
32.284 providing dimension specifications for enclosures; Section 32.290 clarifying that
all permit documentation is due the 20th day of the following month or the next business
day, if such day falls on a weekend or City holiday; Section 32.293(4) advising
permitees appealing a revocation or denial of a private hauling permit of the
administrative fee associated with such appeal; Clarifying language in Appendix A
schedule of fees, rates and charges and providing an effective date. The motion was
duly seconded and carried unanimously.
Council 2012-12-06 12
Ordinance 8315-12 was presented and read by title only.
Councilmember Jay Polglaze moved to amend Section 32.288 to read as follows:
"...However, a sole proprietor or corporate entity placing or servicing a roll-off container
or waste receptacle for the purpose of collecting, removing, hauling or disposing of
construction and demolition debris, whether commercial, industrial or residential in
nature..." The motion was duly seconded and carried unanimously.
Councilmember Doreen Hock-DiPolito moved to pass Ordinance 8315-12 on first
reading, as amended. The motion was duly seconded and upon roll call, the vote was:
"Ayes": Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember
Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember
Jay E. Polglaze.
"Nays": None.
Miscellaneous Reports and Items
10. City Manager Verbal Reports — None.
11. Closing Comments by Mayor
Mayor George N. Cretekos reviewed recent and upcoming events.
12. Adjourn
The meeting was adjourned at 6:58 p.m.
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Council 2012-12-06 13