HomeMy WebLinkAboutStaff Report 1.A 10/20/2014Agenda Item # LA
az�LU 9 City of Petaluma, California
O MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
lg68
Draft City Council/PCDSA Minutes
Monday, October 6, 2014
Regular Meeting
7 MONDAY. OCTOBER 6. 2014
8 CLOSED SESSION - 5:30 P.M.
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11 CALL TO ORDER - CLOSED SESSION
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13 A. Roll Call
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15 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
16 Mike Healy; Gabe Kearney; Kathy Miller
17 Absent: None
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19 PUBLIC COMMENT ON CLOSED SESSION ITEMS
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21 Mayor Glass opened Public Comment on CLOSED SESSION.
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23 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED SESSION.
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25 CLOSED SESSION
27 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d)
28 of California Government Code Section 54956.9: Hollyn D'Lil and Richard Skoff v. City of Petaluma, et
29 at,, United States District Court, Northern District of California, No. 3:1 1 -CV -02088 -JCS.
30 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d)
31 of California Government Code Section 54956.9: Arbitration of David Sears Disciplinary Appeal, JAMS
32 No.1100077589.
33 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d)
34 of California Government Code Section 54956.9: City of Petaluma, a charter city; Successor Agency to
35 the Petaluma Community Development Commission, a public entity v. Ana Matosontos, et al., Appeal
36 from the Superior Court of California, County of Sacramento, Civil Case No. 34-2013-80001459.
37 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d)
38 of California Government Code Section 54956.9: Minick v. City of Petaluma, et al., Sonoma County
39 Superior Court Case No. SCV-251915.
40 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d)
41 of California Government Code Section 54956.9: Andrea D. Waters v. City of Petaluma Fire
42 Department, U.S.E.E.O.0 Charge no. 5555-2014-00733.
43 CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6.
44 Agency Designated Representatives: Scott Brodhun, and Dianne Dinsmore. Employee Organization:
45 Local 1415 International Association of Fire Fighters, Unit 7.
Vol. XX, Page 2
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October 6, 2014
• CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: Friends of Lafferty Park, Bill Korfum, Larry Modell, Bruce Hagen, Matt
Maguire, David Keller and Mary Fuller McChesney v. Pikochu II, LLC, Kimberly Pfendler, as Trustee of the
Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and William E. Tavernetti, as Trustees of the
Richard Rochat Tavernetti Irrevocable Trust, and Does t through 100, Sonoma County Superior Court
action number SCV-253148. - Added with Agenda Revision No. I -Thursday, October 2, 2014.
ADJOURN TO CLOSED SESSION
MONDAY. OCTOBER 6, 2014
EVENING SESSION - 7:00 P.M.
CALL TO ORDER - EVENING SESSION
A. Roll Call
Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
Absent: None
B. Pledge of Allegiance
Mayor Glass
C. Moment of Silence
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Mayor Glass announced that the order of Items 4.A and 4.8 would be reversed; Items 6.A and
6.B would follow the CONSENT CALENDAR and Item 6.0 would be moved to the Monday,
October 20, 2014 Regular City Council/PCDSA Meeting.
PROCLAMATION
• Fire Prevention Week is October 5-11, 2014: Working Smoke Alarms Save Lives
Fire Marshal Cary Fergus
PRESENTATIONS
C Recognition of Employee Longevity
City Manager Brown
Y Sonoma County Food System Alliance and Food Action Plan. (Trathen Heckman, Daily Acts)
Trathen Heckman, Daily Acts
Suzi Grady, Program Director, Petaluma Bounty
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October 6, 2014
Mr. Heckman
Ms. Grady
Mr. Heckman
Ms. Grady
Mayor Glass
Council Member Barrett
Mayor Glass
City Manager Brown
Mr. Heckman
Vice Mayor Kearney
GENERAL PUBLIC COMMENT
Vol. XX, Page 3
Peter Tscherneff, Petaluma, spoke about changes he plans to make when he is elected
Governor of California.
Katherine Bobrowski, Petaluma, spoke about problems at the mobile home park where he lives.
Bryant Moynihan, City Not Stated, spoke about unfunded liabilities.
Bruce Ford, Petaluma, spoke in opposition to Measure Q, saying that consumers are highly
sensitive to taxes, and will always pay the lowest tax possible.
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
CITY MANAGER COMMENT
None.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, August
4, 2014.
The Minutes of Regular City Council/PCDSA Meeting of Monday, August 4, 2014
were deemed approved as presented.
B. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday,
September 8, 2014.
Vol. XX, Page 4
October 6, 2014
1 The Minutes of Regular City Council/PCDSA Meeting of Monday, September 8,
2 2014 were deemed approved as presented.
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4 C. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday,
5 September 15, 2014.
7 The Minutes of Regular City Council/PCDSA Meeting of Monday, September 15,
8 2014 were deemed approved as presented.
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10 2. APPROVAL OF REVISED PROPOSED AGENDA
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12 A. Approval of Revised Agenda for Regular City Council/PCDSA Meeting of Monday,
13 October 20, 2014. - Revision No. I - Thursday, October 2, 2014.
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15 Mayor Glass
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17 Motion: Approve Removal of Item 6.C: Introduction (First Reading) of an
18 Ordinance Amending the Zoning Map from Residential 2 (R2) to Planned Unit
19 District (PUD) with Associated Unit Development Plan and Development Standards
20 and Design Guidelines, Resolution Approving a Tentative Subdivision Map for
21 Eight Lots and Two Common Parcels, Resolution Approving the Initial
22 Study/Mitigated Negative Declaration (MND) and Mitigation Monitoring and
23 Reporting Program for the Keller Court Commons Subdivision, and Resolution
24 Designating 200 West Street as a Local Landmark Designation from tonight's
25 agenda and rescheduling it for the Monday, October 20, 2014 Regular City
26 Council/PCDSA Meeting.
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28 Motion by David Glass, seconded by Teresa Barrett.
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30 Vote: Motion carried 7-0
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32 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
33 Mike Healy; Gabe Kearney; Kathy Miller
34 No: None
35 Abstain: None
36 Absent: None
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38 Motion: Approve A. Revised Agenda for Regular City Council/PCDSA Meeting of
39 Monday, October 20, 2014, as presented.
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41 Motion by Chris Albertson, seconded by Gabe Kearney.
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43 Vote: Motion carried 7-0
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45 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
46 Mike Healy; Gabe Kearney; Kathy Miller
47 No: None
48 Abstain: None
49 Absent: None
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3.
October 6, 2014
Vol. XX, Page 5
CONSENT CALENDAR
A. Resolution 2014-157 N.C.S. Approving Claims and Bills for August 2014. (Mushallo)
B. Resolution 2014-152 N.C.S. to Receive and File the City Treasurer's Report for the
Period Ending June 30, 2014. (Mushallo)
C. Resolution 2014-153 N.C.S. Supporting the Retention of the United States Postal
Service's North Bay Processing and Distribution Center in Petaluma. (Brown)
D. Resolution 2014-154 N.C.S. Accepting Completion of Work by the City's Weed
Abatement Contractor and Authorizing the City Clerk to File a Notice of
Completion with the Sonoma County Clerk's Office and Authorizing City Staff to
Release the 10% Retention Fee for Services Performed by the City's Weed
Abatement Contractor. (Fergus)
E. Adoption (Second Reading) of Ordinance 2511 N.C.S. Authorizing a Quitclaim of
Temporary Construction Easement Deed Recorded Under Document No.
2003159852 with Yvonne Stemwedel and Arthur K. Ames, III, LLC and Authorizing
the City Manager to Execute All Required Documents. (St. John/Zimmer)
F. Resolution 2014-155 N.C.S. Accepting Completion of the Petaluma Swim Center
Energy Efficiency and Renewable Energy Project. (St. John/Zimmer)
G. Resolution 2014-158 N.C.S. Authorizing Award of Contract for the Park Place Well
Replacement Project. (St. John/Zimmer)
H. Resolution 2014-156 N.C.S. Approving and Authorizing City Manager to Execute
MTC's Supplemental Agreement to Clipper Memorandum of Understanding,
Adding City of Petaluma to Clipper Fare Collection System. (St. John/Rye)
Mayor Glass opened Public Comment on the CONSENT CALENDAR.
David Swaney, Petaluma, spoke in support of a resolution urging retention of the North
Bay Processing and Distribution Center in Petaluma.
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on the
CONSENT CALENDAR.
Motion: Approve CONSENT CALENDAR Items 3.8, 3.C, 3.1), 3.E, 3.F, and 3.1-1.
Motion by Gabe Kearney, seconded by Mike Harris.
Vote: Motion carried 7-0
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
None
Abstain:
None
Absent:
None
Council Member Albertson
Vol. XX, Page 6
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Finance Director Bill Mushallo
Council Member Albertson
Director Mushallo
October 6, 2014
Public Works and Utilities Director Dan St. John
Motion: Approve CONSENT CALENDAR Items 3.A and 3.G.
Motion by Chris Albertson, seconded by Gabe Kearney.
Vote: Motion carried 7-0
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
None
Abstain:
None
Absent:
None
Items 6.A and 6.13 were heard next.
6. PUBLIC HEARINGS
A. Public Hearing and Action to Adopt Resolution 2014-159 N.C.S. Confirming the
Cost of Abatement of Weeds and Approving the Forwarding of Unpaid Bilis to the
County Assessor's Office for Collection as Assessments. (Fergus)
Motion: Approve A. Resolution 2014-159 N.C.S. Confirming the Cost of Abatement
of Weeds and Approving the Forwarding of Unpaid Bills to the County Assessor's
Office for Collection as Assessments.
Motion by David Glass, seconded by Chris Albertson.
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
Mayor Glass opened Public Comment on Item 6.A.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
6.A.
B. Resolutions to Adopt a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program for the Corona Road Subdivision and Annexation Project,
to Support Annexation, to Approve a 31 -lot Tentative Subdivision Map, and to
Approve Construction of a Detention Basin within the Urban Separator;
October 6, 2014
Introduction (First Reading) of Ordinances to Approve Pre -Zoning and to
Designate the Farmhouse at 498 Corona Road a Local Historic
Landmark. (Hines/Robbe)
Mayor Glass
Mayor Glass opened the PUBLIC HEARING on Item 6.B.
City Attorney Danly
Mayor Glass
City Attorney Donly
Mayor Glass
City Attorney Danly
Mayor Glass
Council Member Healy
Mayor Glass
Vice Mayor Kearney
Mayor Glass
Vice Mayor Kearney
City Attorney Donly
Mayor Glass
Mayor Glass opened Public Comment on Item 6.B.
Vol. XX, Page 7
Hank Flum, Petaluma, spoke about the increased traffic and risk of flooding the
development would create.
Pat Ransel, Petaluma, told Council the developer made bad choice to build in
the flood zone and is asking City to bail him out. She said that the existing homes
in the first phase of this development have severe moisture problems, and a
detention basin 1/2 mile away will not alleviate the risk of flooding for the existing
and planned homes. She asked the Council to send the project back to the
Planning Commission, and to require the developer to build a detention basin on
the property.
Rick Ruhland, Petaluma, said that this project is "clearly not in the best interests of
the people who live in the area" and asked that the Council put an end to it.
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item 6.B.
Vol. XX, Page 8
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October 6, 2014
Motion: Approve continuing the item to the Monday, November 17, 2014 Regular
City Council/PCDSA Meeting.
Motion by David Glass, seconded by Teresa Barrett.
Vote: Motion carried 7-0
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
None
Abstain:
None
Absent:
None
E. Ir}treduE#fon-(€first Reading) -e# -en -Ordinance -Amending --the -Zening-Mep-frem
Residential 2{R2)-te-Planned Uni#-Dis dG (I Ufa}env#h-Assaciafed-Unit-Develeprnent
Klan end DevelopmentStandardsGRel Design-Gufdelln<<, Resolutfen--Appreving-e
Tentative -Subdfv km-Mop-fGr-€ig�t ts'_ --nd r..ve-Common-Pareelss, Resoolution
Approving4he4ni#e"Wdy-/Mitigated-fegof;..nPPInratlen (MISID) and Mitigation
Meni#ering eaci Reporting Pegram
fprtheKeller Geurt-Commons Sabdivisien; cad
Resolutfen4--signating4QWestRt•^P',, R9 Rora (Hines)
- This item was moved to the Monday, October 20, 2014 Regular City
Council/PCDSA Meeting.
4. UNFINISHED BUSINESS
Item 4.8 was heard before Item 4.A.
B. Adoption (Second Reading) of Ordinance 2510 N.C.S. Amending Chapter 20 of
the Implementing Zoning Ordinance (Sections 20.040, 20.050, 20.140, and 20.150)
to Allow Freeway Oriented Wall Signs as Part of a Master Sign Program for Retail
Shopping Centers with Highway 101 Frontage. (Hines)
Mayor Glass recused himself and left the dais.
Vice Mayor Kearney
Planning Manager Heather Hines
Council Member Healy
Ms. Hines
City Attorney Danly
Mayor Glass opened Public Comment on Item 4.B.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
4.B.
Motion: Approve B. Adoption (Second Reading) of Ordinance 2510
N.C.S. Amending Chapter 20 of the Implementing Zoning Ordinance (Sections
October 6, 2014
Vol. XX, Page 9
20.040, 20.050, 20.140, and 20.150) to Allow Freeway Oriented Wall Signs as Part of
a Master Sign Program for Retail Shopping Centers with Highway 101 Frontage.
Motion by Mike Healy, seconded by Chris Albertson.
Vote: Motion carried 5-1
Yes:
Chris Albertson; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
Teresa Barrett
Abstain:
David Glass
Absent:
None
Council Member Barrett
Mayor Glass returned to the dais.
A. Resolution 2014-160 N.C.S. Establishing City Council Priorities for Use of Proceeds
from Measure Q, a One -Percent General Transactions and Use Tax Applicable in
the City of Petaluma which Will Be Submitted to the Qualified Electors of the City
at the General Municipal Election on Tuesday, November 4, 2014. (Brown)
Mayor Glass
City Manager Brown
Mayor Glass
Council Member Miller
City Manager Brown
Council Member Miller
Council Member Harris
City Manager Brown
Mayor Glass opened Public Comment on Item 4.A
Bryant Moynihan, City Not Stated, told Council they shouldn't be trying to raise
the sales tax when "people are struggling." He also spoke about unfunded
liabilities and informed Council that they are not doing their jobs.
Dan Drummond, Petaluma, Sonoma County Taxpayers Association, said that
Council's establishing priorities for the use of potential funds Measure Q is an
attempt to sway the voters.
Janice Cader-Thompson, Petaluma, told Council she is opposed to Measure
Q because it is a "forever tax."
October 6, 2014
Vol. XX, Page 11
Which Will Be Submitted to the Qualified Electors of the City at the General
Municipal Election on Tuesday, November 4, 2014. (Brown)
City Manager Brown
Mayor Glass opened Public Comment on Item S.A.
Dan Drummond, Petaluma, Sonoma County Taxpayers Association, spoke about
"stalled" labor negotiations and the two-tier retirement plan.
Bryant Moynihan, City Not Stated, told the Council that he doesn't trust them.
Duane Bellenger, Petaluma, objects to subsidizing oil consumption and the fact
that Petaluma doesn't get its "fair share" of the gas tax.
Mayor Glass
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item S.A.
Motion: Approve A. Resolution 2014-161 N.C.S. Expressing City Council Support for
Measure Q, a One Percent General Transactions and Use Tax Applicable in the
City of Petaluma Which Will Be Submitted to the Qualified Electors of the City at
the General Municipal Election on Tuesday, November 4, 2014.
Motion by Mike Healy, seconded by Gabe Kearney,
Vote: Motion carried 5-2
Yes:
Chris Albertson; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
Teresa Barrett; David Glass
Abstain:
None
Absent:
None
Mayor Glass
B. Introduction (First Reading) of Ordinance 2512 N.C.S. Approving Purchase and
Sale and Lease Back Agreements Between the City of Petaluma and Merlone
Geier Partners Regarding Real Property Necessary for the Rainier Interchange
Project. (Brown)
City Manager Brown
City Attorney Danly
Council Member Harris
City Attorney Danly
Mayor Glass
October 6, 2014
Vol. XX, Page 11
Which Will Be Submitted to the Qualified Electors of the City at the General
Municipal Election on Tuesday, November 4, 2014. (Brown)
City Manager Brown
Mayor Glass opened Public Comment on Item S.A.
Dan Drummond, Petaluma, Sonoma County Taxpayers Association, spoke about
"stalled" labor negotiations and the two-tier retirement plan.
Bryant Moynihan, Petaluma, told the Council that he doesn't trust them.
Duane Bellenger, Petaluma, objects to subsidizing oil consumption and the fact
that Petaluma doesn't get its "fair share" of the gas tax.
Mayor Glass
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item 5.A.
Motion: Approve A. Resolution 2014-161 N.C.S. Expressing City Council Support for
Measure Q, a One Percent General Transactions and Use Tax Applicable in the
City of Petaluma Which Will Be Submitted to the Qualified Electors of the City at
the General Municipal Election on Tuesday, November 4, 2014.
Motion by Mike Healy, seconded by Gabe Kearney.
Vote: Motion carried 5-2
Yes:
Chris Albertson; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
Teresa Barrett; David Glass
Abstain:
None
Absent:
None
Mayor Glass
B. Introduction (First Reading) of Ordinance 2512 N.C.S. Approving Purchase and
Sale and Lease Back Agreements Between the City of Petaluma and Merlone
Geier Partners Regarding Real Property Necessary for the Rainier Interchange
Project. (Brown)
City Manager Brown
City Attorney Danly
Council Member Harris
City Attorney Danly
Mayor Glass
Vol. XX, Page 12 October 6, 2014
City Manager Brown
Mayor Glass
Council Member Miller
City Attorney Donly
Council Member Barrett
City Attorney Danly
City Manager Brown
Council Member Barrett
City Attorney Danly
Mayor Glass
City Attorney Danly
Council Member Healy
Motion: Approve B. Introduction (First Reading) of Ordinance 2512
N.C.S. Approving Purchase and Sale and Lease Back Agreements Between the
City of Petaluma and Merione Geier Partners Regarding Real Property Necessary
for the Rainier Interchange Project.
Motion by Mike Healy, seconded by Kathy Miller.
Mayor Glass opened Public Comment on Item S.B.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
S.B.
Council Member Barrett
City Attorney Danly
Council Member Barrett
City Manager Brown
City Attorney Danly
Council Member Barrett
Mayor Glass
City Attorney Danly
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October 6, 2014
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
COUNCIL COMMENT
Council Member Albertson
Council Member Harris
Council Member Barrett
Vice Mayor Kearney
Council Member Healy
Council Member Miller
Mayor Glass
ADJOURN
Motion: Adjourn the meeting.
Motion by Mike Healy, seconded by Teresa Barrett.
Vote: Motion carried 7-0
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
None
Abstain:
None
Absent:
None
The meeting was adjourned at 9:45 p.m.
ATTEST:
Claire Cooper, CMC, City Clerk
David Glass, Mayor
Vol. XX, Page 13