HomeMy WebLinkAboutCity Council Minutes 09/12/20051
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September 12, 2005
ALU
City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, September 12, 2005
Regular Meeting
SEPTEMBER 12, 2005
AFTERNOON SESSION
CALL TO ORDER - 3:00 p.m.
A. Roll Call
Vol. 41, Page 229
Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy, Karen Nau,
Mike O'Brien, Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Council Member Torliatt
PROCLAMATIONS
0 Five -Year Anniversary of the Petaluma Health Center.
Mayor Glass
Kathryn Powell, Executive Director, Petaluma Health Center
0 Proclaiming Thursday, October 20, 2005, The Arts United Day.
Mayor Glass
PRESENTATION
Fire Department: ABD Insurance Company Grant Presentation.
Chris Sickler, Business Development Manager, Fireman's Fund Insurance, presented his
company's Heritage Program.
Mark Stotts, ABD Insurance, and Fire Department employees, presented a check for
$9,440 for a Thermal Imaging Camera for the City Fire Department.
Mayor Glass
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Vol. 4l.Page 23O
PUBLIC COMMENT
September 12, 2005
Lon Wiley, Petaluma, read o letter he delivered to Council regarding the Conditions cf
Approval for his subdivision project at3Ricci Court.
Brian Heim, Petaluma, spoke regarding his projectsand appeals.
Chris Stevick, Petaluma, spoke regarding the Water Street Trestle and asked that dbm
mgendizedfor possible preservation.
Joseph Nigro, City employee, spoke regarding the City's negotiations with /\F3[ME.
Shirley Bunce, City employee, spoke regarding the City's negotiations with AFSCME.
Gary Shelden, City employee, spoke regarding the City's negotiations with AFSCME.
Jane Thomson, City employee, spoke regarding the City's negotiations with AFSCME.
Nancy Beliveau, City employee, spoke regarding the City's negotiations with AFSCME.
Jessica Van Gardner, Petaluma Visitors Program, gave an update onthe program.
Collette Michaud, Petaluma, spoke regarding her vision for oChildren's Museum ofthe
North Bay in Petaluma, and asked for the City's help in finding funding, location, and
providing endorsement ofsuch omuseum.
Bill Hammerman, Petaluma, spoke about communications during emergency situations,
and suggested the City review its plans and procedures for emergencies.
COUNCIL COMMENT
AGENDA CHANGES AND DELETIONS (To current agenda only)
l' APPROVAL OFMINUTES
A. Approval ofMinutes of Special City Council Meeting of June 16, 2005.
B. Approval ofMinutes of Regular City Cownc|K9CDCMeeting pfJuly ll'
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2.
3.
September 12, 2005
Vol. 41, Page 231
C. Approval of Minutes of Regular City Council/PCDC Meeting of July 18,
2005.
D. Approval of Minutes of Regular City Council/PCDC Meeting of August 1,
2005.
E. Approval of Minutes of Special City Council Meeting of August 22, 2005.
MOTION: Approve Minutes of Special City Council Meeting of June 16,
2005, Regular City Council/PCDC Meeting of July 18, 2005, Regular City
Council/PCDC Meeting of August 1, 2005, and Special City Council
Meeting of August 22, 2005 as presented (Mayor Glass abstained from
voting on the July 11 minutes and Council Member Nau abstained from
voting on the July 18 minutes as they did not attend those meetings.)
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 7-0.
Yes:
David Glass; Keith Canevaro; Mike Harris; Mike Healy;
Karen Nau; Mike O'Brien; Pamela Torliatt
No:
None
Absent:
None
Abstain:
David Glass (July 11)
Karen Nau (July 18)
APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for City Council Regular Meeting of
September 19, 2005.
MOTION: Approve Proposed Agenda for City Council Regular Meeting of
September 19, 2005.
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 7-0.
Yes:
David Glass; Keith Canevaro; Mike Harris; Mike Healy;
Karen Nau; Mike O'Brien; Pamela Torliatt
No:
None
Absent:
None
Abstain:
None
CONSENT CALENDAR
Council Member Torliatt asked to remove Item 31 for discussion.
Council Member Nau asked to remove Item 3L for discussion.
A. Resolution 2005-142 N.C.S. Accepting Claims and Bills for July 2005.
(Carmichael)
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Vol. 41, Page 232
September 12, 2005
B. Resolution 2005-143 N.C.S. Adopting City of Petaluma 2005 GANN
Appropriations Limit. (Carmichael)
C. Resolution 2005-144 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range,
and Unit Assignment of Airport Division Manager. (Carmichael/Robbins)
D. Resolution 2005-145 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range,
and Unit Assignment of Administrative Assistant, Revising Executive
Assistant to the City Manager, Office Assistant 1/II and Abolishing
Administrative Secretary. (Carmichael/Robbins)
E. Resolution 2005-146 N.C.S. Accepting Completion of Work by City's Weed
Abatement Contractor. (Ginn)
F. Adoption (Second Reading) of an Ordinance 2221 N.C.S. Authorizing the
City Manager to Execute All Documents Relating To a Grant of Easement
with Bedford Petaluma SPE, Inc. for Access and Installation of Utilities to
Serve the Ellis Creek Water Recycling Facility. (Ban/Orr)
G. Adoption (Second Reading) of Ordinance 2222 N.C.S. Adopting a Zoning
Map Amendment, Unit Development Plan, and PUD Development
Standards (Includes Conditions of Approval) for PEP Casa Grande Project.
(Moore)
H. Resolution 2005-147N.C.S. Accepting an Irrevocable Offer of Dedication
for the Future Bantam Way Extension as Shown on City of Petaluma Parcel
Map 320. (Marengo/Bates)
Resolution 2005-151 N.C.S. Adopting of Solar Policy for Single -Family
Residential Developments of Five or More Lots or Units. (Moore) -
Removed for discussion.
J. Resolution 2005-148 N.C.S. Authorizing Grading for the Riverview
Subdivision Prior to Final Map Approval. (Marengo/Bates)
K. Resolution 2005-149 N.C.S. Appointing Deborah L. Padovan as Deputy
City Clerk. (Cooper)
L. Resolution 2005-152 N.C.S. Accepting Completion of the Riverwalk and
Streetscape Improvements at the Downtown River Apartments Project
P202500. (Moore/Gaebler) - Removed for discussion.
M. Resolution 2005-150 N.C.S. Accepting Completion of the Library Meeting
Room Expansion Project C200103. (Marengo/Lackie)
MOTION: Approve Consent Calendar Items 3A, B, C, D, E, F, G, H, J, K, and M
Moved by Pamela Torliatt, seconded by Keith Canevaro.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy;
September 12, 2005
Karen Nau; Mike O'Brien; Pamela Torliatt
Vol. 41, Page 233
2 No: None
3 Absent: None
4 Abstain: None
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6 Items Removed for Discussion
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8 Item 31: Council Member Torliatt asked staff to send a copy of the Solar Policy
9 resolution to all cities in Sonoma County.
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11 Council Member Healy asked that the resolution be amended to specify that
12 both attached and detached residences be subject to the policy.
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14 MOTION: Approve Resolution 2005-151 N.C.S. Adopting of Solar Policy for Single -
15 Family Residential Developments of Five or More Lots or Units as amended to read
16 "single family residences both attached and detached."
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18 Moved by Pamela Torliatt, seconded by Keith Canevaro.
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20 Vote: Motion carried 7-0.
21 Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy;
22 Karen Nau; Mike O'Brien; Pamela Torliatt
23 No: None
24 Absent: None
25 Abstain: None
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27 Item 3L: Council Member Nau asked staff to be certain adequate recycling
28 containers are in place.
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30 Bonne Gaebler, Housing Administrator
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32 MOTION: Approve Resolution 2005-152 N.C.S. Accepting Completion of the
33 Riverwalk and Streetscape Improvements at the Downtown River Apartments
34 Project P202500.
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36 Moved by Mike Healy, seconded by Mike O'Brien.
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38 Vote: Motion carried 7-0.
39 Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy;
40 Karen Nau; Mike O'Brien; Pamela Torliatt
41 No: None
42 Absent: None
43 Abstain: None
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45 4. NEW BUSINESS
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47 A. PCDC Resolution 2005-12 Authorizing the Issuance and the Sale of Not to
48 Exceed $20,000,000 Principal Amount of Petaluma Community
49 Development Commission Petaluma Community Development Project
50 Refunding Tax Allocation Bonds, Series 2005A; Authorizing the Preparation
51 of a Purchase Contract Relating the Purchase of Such Bonds on Certain
52 Terms and Conditions Thereto; Approving Preparation and Distribution of
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Vol. 4l.Page 234
September 12, 2005
the Official Statement, Authorizing Certain Other Official Action in
Connection Therewith and Making Benefit Findings. /ConnichoeU
Stephen Carmichael, Administrative Services Director, presented the staff
report.
Mayor Glass recused himself and left the dais.
Vice Mayor Harris
Director Carmichael
B. Resolution 2005'l53N.C'S.Approving the|ouoncebythePoto|urno
Community Development Commission nfNot toExceed $20,000,000 in
Refunding Tax Allocation Bonds for the Purpose of Financing and
Refinancing Certain Public Improvements. (Carmichael)
MOTION: Approve PCDC Resolution 2005-12 Authorizing the Issuance and the
Sale cfNot hoExceed $2OI0O'OOOPrincipal Amount ofPetaluma Community
Development Commission Petaluma Community Development Project Refwnding
Tax Allocation Bonds, Series 2O0SA;Authorizing the Preparation ofoPurchase
Contract Relating the Purchase of Such Bonds on Certain Terms and Conditions
Thereto; Approving Preparation and Distribution of the Official Statement,
Authorizing Certain Other Official Action in Connection Therewith and Making
Benefit Findings and Resolution 2005-153 N.C.S. Approving the Issuance by the
Petaluma Community Development Commission of Not to Exceed $20,000,000 in
Refunding Tax Allocation Bonds for the Purpose ofFinancing and Refinancing
Certain Public Improvements.
Moved bvMike O'Brien'seconded bvMike Healy.
Vote: Motion carried 6-0.
Yes: KeithConevonz; Mike Harris; Mike Healy;
Koren Nou; Mike O'Brien; Pamela Torliatt
No: None
Absent: None
Abstain: David Glass
Mayor Glass retumed to the dais.
C. Resolution 2005-154 N.C.S.Approving City of Petaluma Response to
Sonoma County Grand Jury Final Report. (Bierman)
City Manager Bierman presented the staff report.
Council Member Torliatt
Council Member O'Brien
Council Member Healy
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September 12, 2005
Mayor Glass
Public Comment
Vol. 41, Page 235
Victor Chechanover, Petaluma, spoke regarding the City's emergency
preparedness plan.
Mayor Glass
Council Member Torliatt
MOTION: Approve Resolution 2005-154 N.C.S. Approving City of Petaluma
Response to Sonoma County Grand Jury Final Report.
Moved by David Glass, seconded by Pamela Torliatt
Vote: Motion carried 7-0.
Yes:
David Glass; Keith Canevaro; Mike Harris; Mike Healy;
Karen Nau; Mike O'Brien; Pamela Torliatt
No:
None
Absent:
None
Abstain:
None
ADJOURN TO CLOSED SESSION - (4:15 p.m.)
PUBLIC COMMENT
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CLOSED SESSION
• CONFERENCE WITH LABOR NEGOTIATORS: Government Code §54957.6. Agency Negotiator:
Michael Bierman/Pamala Robbins. Employee Organization: AFSCME, Petaluma Police Officers
Association, Local 1415 lAFF, Public Safety Mid -Management Association.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code §54956.9(a))
Miller vs. City of Petaluma Sonoma County Superior Case No. 236487.
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation
(Government Code §54956.9) (two potential cases).
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code §54956.9)
Bramblett et al vs. City of Petaluma (Sonoma County Superior Court Case No. MCV 174982)
SEPTEMBER 12, 2005
EVENING SESSION
CALL TO ORDER - 7:00 p.m.
Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy, Karen Nau,
Mike O'Brien, Pamela Torliatt
Absent: None
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Vol. 4l.Page 236
Pledge of Allegiance
September 12, 2005
Council Member Tim Smith, Rohnert Park
C. Moment of Silence
REPORT OUT OF CLOSED SESSION (Actions Taken)
12 PROCLAMATION
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14 Proclaiming September "Join the PTA" Month.
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16 Mayor Glass
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18 J02vveier, Casa Grande High School PTA
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20 PUBLIC COMMENT
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22 Brian Heim, Petaluma, continued his comments from afternoon Public Comment,
23 regarding the status ofhis appeals.
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25 Geoff Cartwright, Petaluma, spoke about the flooding potential inPetaluma.
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27 Matthew Carter, Petaluma, Chair, Animal Services Advisory Committee, spoke ofon
28 open house atthe Petaluma Animal Shelter, 84OHopper Street, nnSunday, October 4at
29 noon toincrease the public's awareness ofshelter.
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31 Council Member Tqdiott
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33 8O| Phillips, Petaluma, for Petaluma Tomorrow, regarding the proposed l/4cent sales tax
34 for Police Services, and a survey that was recently made in Petaluma about the tax.
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36 Connie Madden, Petaluma, Petaluma Tomorrow, regarding the proposed l/4cent sales
37 tax and recent survey that was taken. She would like the poll to be made public.
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39 Kodo Sch|kqre' Petaluma Downtown Association, spoke of fundraiser to be held
40 Saturday, September 17, with a percentage of sales by downtown merchants to be
41 given 10the American Red Cross for the Hurricane Katrina relief efforts.
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43 Bill Donahue, Petaluma, spoke of his previous requests to rezone the City's mobile home
44 parks to help to insure the pnasomohnn of affordable housing for seniors.
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46 Susan Kirks, Petq|wmm, Pow|m Lane Action Network, spoke about helping animal victims of
47 Hurricane Katrina.
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49 Terry Fraser, Petaluma, spoke regarding the Petaluma Trestle.
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51 Kathleen O'Connor, Petaluma, Paula Lane Action Network, spoke regarding the "Best of
52 Po1o|umo" article in Petaluma Magazine.
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September 12, 2005
Vol. 41, Page 237
Jerry Corda, Chief, San Antonio Volunteer Fire Department, regarding his department's
search for an interim location.
Council Member Torliatt
Marie McCusker, Petaluma Downtown Association, spoke regarding the Fall Antique
Faire.
Bonnie Allen, Petaluma, regarding 1/4 cent tax survey, said she found it to be a "push
poll" that used scare tactics.
COUNCIL COMMENT
Council Member Canevaro
Vice Mayor Harris
Council Member Nau
Council Member Torliatt
Mayor Glass
CITY MANAGER COMMENT
None.
5. NEW BUSINESS
A. Discussion and Direction Regarding Contribution to the American Red
Cross by the City of Petaluma for the Victims of Hurricane Katrina.
(Bierman)
City Manager Bierman presented the item.
Council Member O'Brien
Mayor Glass - Council direction to City Attorney to determine if there are
any legal restrictions that would prevent the City from donating $5,000 to
the American Red Cross for Victims of Hurricane Katrina. The item will
come back at the September 19, 2005 Council Meeting.
Council Member Healy
6. UNFINISHED BUSINESS
A. Reconsideration of Action Taken by City Council on Previous Motion to
Accept Resignation of Stephanie McAllister from the Planning Commission
and to Deny Her Withdrawal of Said Resignation.
Mayor Glass
Vol. 41, Page 238 September 12, 2005
Council Member Healy
City Attorney Rudnansky
Public Comment
Stephanie McAllister, Petaluma, Planning Commission, regarding her
resignation from the Planning Commission and subsequent request to
withdraw that resignation.
Mayor Glass
Steve vonRaesfeld, Petaluma, Planning Commissioner, spoke in support of
Stephanie McAllister retaining her seat on the Planning Commission.
Chris Lynch, Petaluma, spoke in support of Stephanie McAllister retaining
her seat on the Planning Commission.
Victor Chechanover, Petaluma, spoke in support of Stephanie McAllister
retaining her seat on the Planning Commission.
David Keller, Petaluma, spoke in support of Stephanie McAllister retaining
her seat on the Planning Commission.
Sherri Fabre-Marcia, Petaluma, spoke in support of Stephanie McAllister
retaining her seat on the Planning Commission.
Bill Phillips, Petaluma, spoke in support of Stephanie McAllister retaining
her seat on the Planning Commission.
Geoff Cartwright, Petaluma, spoke in support of Stephanie McAllister
retaining her seat on the Planning Commission.
Mayor Glass
City Attorney Rudnansky
Council Member Nau
Council Member Canevaro
Council Member Torliatt
City Attorney Rudnansky
Mayor Glass
Council Member Healy
Vice Mayor Harris
MOTION: Accept Resignation of Stephanie McAllister from the Planning
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September 12, 2005
Vol. 41, Page 239
Commission and to Deny Her Withdrawal of Said Resignation. (Motion
made at August 1, 2005 Council Meeting)
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 4-3.
Yes:
Keith Canevaro; Mike Harris; Karen Nau; Mike O'Brien
No:
David Glass; Mike Healy; Pamela Torliatt
Absent:
None
Abstain:
None
City Attorney Rudnansky
B. Discussion and Possible Direction Regarding Award of Garbage Franchise,
Including Status of Negotiations with Green Waste Recovery and
September 2, 2005 Letter Received from North Bay Corporation.
(Healy/Nau)
Council Member O'Brien recused himself and left the meeting.
Mr. Gross
City Manager Bierman
Public Comment
Michael Gross, Green Waste Recovery, San Jose, regarding their
negotiations with City staff.
Clay Clement, attorney for North Bay Corporation, regarding events at the
August 22 meeting, and in support of awarding the contract to North Bay
Corporation.
Mayor Glass
Council Member Healy
Jim Salyers, Vice President, North Bay Corporation, regarding Council
Members who were informed by a consultant for North Bay that a letter
would be submitted to the City from North Bay asking to be considered for
the franchise.
Mayor Glass
Council Member Healy
Council Member Canevaro
Council Member Nau
Council Member Torliatt
Vol. 41, Page 240 September 12, 2005
Mr. Salyers
Mayor Glass
Mr. Salyers
Mayor Glass
Mr. Salyers
Council Member Healy
Council Member Torliatt
City Attorney Rudnansky
Council Member Torliatt
City Attorney Rudnansky
Council Member Healy
City Attorney Rudnansky
Council Member Healy
City Attorney Rudnansky
Mayor Glass
Council Member Torliatt
Jim Landa, Empire Waste Management, spoke on behalf of his company
and reported they are still interested in the contract.
Ben Boyce, Living Wage Coalition, in support of Green Waste Recovery.
H.K. Pang, Operating Engineers Local 3, asked Council to confirm the
contract with Green Waste Recovery.
Larry Edginton, Operating Engineers Local 3, in support of Green Waste
Recovery.
Victor Chechanover, Petaluma, in support of Green Waste Recovery.
Eric Koenigshofer, attorney for North Bay Corporation, in support of North
Bay Corporation being considered for the garbage franchise.
Ernie Carpenter, regarding the safety history of North Bay Corporation,
their performance in Santa Rosa, and in support of Green Waste
Recovery. He encouraged Council not to "roll over."
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September 12, 2005
Vol. 41, Page 241
Janice Cader-Thompson, Petaluma, in support of Green Waste Recovery.
Arturo Morales, North Bay Corporation driver, former driver for Empire
Waste Management, in support of North Bay Corporation.
Bryant Moynihan, Petaluma, regarding the letter he sent to the City
Council over the weekend.
Geoff Cartwright, Petaluma, in support of Green Waste Recovery.
David Keller, Petaluma, regarding the process for awarding the garbage
franchise, and in support of Green Waste Recovery.
Rick Holliday, Motor Carrier Specialists, regarding safety improvements
made by North Bay Corporation.
Mr. Warren
Mayor Glass
Mayor Glass
Mr. Salyers
Mr. Hilton
Council Member Torliatt
Mr. Hilton
Vice Mayor Harris
John Warren, CPA for North Bay Corporation
Mr. Hilton
Council Member Healy
Mr. Salyers
Council Member Torliatt
Mayor Glass
Mr. Hilton
Council Member Healy
Mr. Warren
Council Member Healy
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Vol. 41, Page 242 September 12, 2005
Mayor Glass
Council Member Nau
Gam• .1.7
Mr. Warren
Council Member Canevaro
Robert Hilton, Hilton Farnkopf & Hobson, LLC
Clay Clement, Clement, Fitzpatrick, & Kenworthy, Santa Rosa, attorney for
North Bay Corporation
Council Member Healy
City Attorney Rudnansky
Council Member Healy
Mayor Glass
Council Member Nau
Mayor Glass
Council Member Nau
Council Member Torliatt
Council Member Nau
Vice Mayor Harris
Council Member Torliatt
Mr. Hilton
Council Member Canevaro
MOTION: Approve recommendations of staff that the City execute the
agreement with Green Waste Recovery and approve resolution provided
with the staff report.
Moved by David Glass, seconded by Keith Canevaro.
Council Member Torliatt
City Attorney Rudnansky suggested that the resolution provided at this
meeting is unnecessary; the resolution passed at the August 22, 2005 is
adequate.
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September 12, 2005
Vol. 41, Page 243
Mayor Glass withdrew his motion, and Council Member Canevaro
withdrew his second.
City Attorney Rudnansky
Council Member Healy
City Attorney Rudnansky
Mayor Glass
City Attorney Rudnansky
Mayor Glass clarified that the resolution passed by Council on August 22 is
effective and the franchise agreement with Green Waste Recovery will
be executed by the City Manager.
City Manager Bierman
ADJOURN
The meeting was adjourned at 11:00 p.m.
ATTEST:
/s/
Claire Cooper, CMC, City Clerk
/s/
David Glass, Mayor