HomeMy WebLinkAboutCity Council Minutes 09/19/20051
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September 19, 2005
Vol. 41, Page 245
ALU
a City of Petaluma, California
MEETING OF THE CITY COUNCIL/PETALUMA COMMUNITY
rs5$ DEVELOPMENT COMMISSION
City Council Minutes
Monday, September 19, 2005
Regular Meeting
SEPTEMBER 19, 2005
AFTERNOON SESSION
CALL TO ORDER - 3:00 p.m.
A. Roll Call
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
PROCLAMATION
PetalumaNet 10th Anniversary
Bill Hammerman, Petaluma
li,4441,111-lxt •
Fire Department: Fireman's Fund Insurance Company Grant Presentation
Dan Deardorff, Fireman's Fund, presented a check for $15,000.00.
"Hold the Flow" Presentation by Ned Orett and Grayson James.
Ned Orret, Resource Performance Partners, Inc.
Council Member Torliatt
City Manager Bierman
Council Member Torliatt
Mike Ban, Water Resources and Conservation Director
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Vol. 41, Page 246
Council Member Torliatt
PUBLIC COMMENT
September 19, 2005
Bill Hammerman, Petaluma, spoke regarding the need to review emergency
preparedness procedures.
Dave Erickson, Climate Protection Campaign, Graton, congratulated Council on
approving greenhouse gas emissions reduction, and how to provide City services to
citizens without increasing greenhouse gas emissions.
Charlie Reinhart, Animal Services Advisory Committee, spoke about the Petaluma
Animal Shelter's Open House to be held October 1, 2005, and introduced Rocky, a dog
available for adoption at the shelter, and demonstrated his good manners.
David Keller, Petaluma, thanked the Council for bringing forth the Hold the Flow
program.
COUNCIL COMMENT
Council Member Nau
Council Member Torliatt
Council Member Healy
Mayor Glass
CITY MANAGER COMMENT
None.
AGENDA CHANGES AND DELETIONS (To current agenda only)
City Manager Bierman noted that Item 3D would be removed.
1. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for City Council Regular Meeting of
October 3, 2005.
MOTION: Approve Proposed Agenda for City Council Regular Meeting of
October 3, 2005.
Moved by Mike O'Brien, seconded by Mike Harris.
Mayor Glass
Council Member Healy
City Manager Bierman
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September 19, 2005
Mike Moore, Community Development Director
Council Member Healy
Mr. Moore
Council Member Torliatt
City Manager Bierman
Council Member Torliatt
Council Member Healy
Mayor Glass
Council Member Torliatt
Council Member O'Brien
Vol. 41, Page 247
Vote: Motion carried 6-1.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien
No: Pamela Torliatt
Mayor Glass
Council Member Healy
2. CONSENT CALENDAR
A. Resolution 2005-155 N.C.S. Approving Claims and Bills for August 2005.
(Carmichael/Rubaloff)
B. Resolution 2005-156 N.C.S. Approving Treasurer's Report for June 2005.
(Carmichael)
C. Resolution 2005-157 N.C.S. Authorizing the Purchase of Four 2006 Ford
Police Interceptor Police Vehicles and One 2006 Ford F250 Police Truck
from Downtown Ford (Sacramento) in the Amount of $138,357.01.
(Hood/Carmichael)
MOTION: Approve Consent Calendar Items 2A, 2B, 2C
Moved by Mike O'Brien, 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
Vol. 41, Page 248
September 19, 2005
1 3. UNFINISHED BUSINESS
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3 A. Resolution 2005-158 N.C.S. Authorizing the City Manager to Execute a
4 Professional Services Agreement with Dodson Engineers for Engineering
5 Services in Support of Preparation of a Water Conservation Plan. (Ban/Orr)
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7 Margaret Orr, Water Resources and Conservation Engineering Manager,
8 presented the staff report.
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10 Vice Mayor Harris
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12 Council Member Torliatt
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14 Ms. Orr
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16 Mayor Glass
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18 City Manager Bierman
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20 MOTION: Approve Resolution 2005-158 N.C.S. Authorizing the City
21 Manager to Execute a Professional Services Agreement with Dodson
22 Engineers for Engineering Services in Support of Preparation of a Water
23 Conservation Plan.
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25 Moved by David Glass, seconded by Mike Healy.
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27 Vice Mayor Harris
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29 Mike Ban, Water Resources and Conservation Director
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31 City Manager Bierman
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33 Council Member Healy
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35 Council Member Canevaro
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37 City Manager Bierman
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39 Council Member Canevaro
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41 City Manager Bierman
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43 Mayor Glass
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45 Council Member Torliatt
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47 Mayor Glass
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49 Vote: Motion carried 7-0.
50 Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
51 Nau; Mike O'Brien; Pamela Torliatt
52 No: None
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September 19, 2005 Vol. 41, Page 249
Council Member Torliatt
B. Resolution 2005-159 N.C.S. Declaring a Vacancy on the Planning
Commission for a Four -Year Term Expiring June 30, 2008; Resolution 2005-
159A N.C.S. Appointing John Mills to the Planning Commission to
Complete a Four -Year Term Expiring June 30, 2008. (Cooper)
Mayor Glass
MOTION: Approve Resolution 2005-159 N.C.S. Declaring a Vacancy on the
Planning Commission for a Term Expiring June 30, 2008.
Moved by Mike O'Brien, seconded by Keith Canevaro.
Vote: Motion carried 4-3.
Yes: Keith Canevaro; Mike Harris; Karen Nau; Mike O'Brien
No: David Glass; Mike Healy; Pamela Torliatt
Mayor Glass
Public Comment
Spence Burton, Petaluma, Applicant for Planning Commission, in
support of his application.
John Mills, Petaluma, Applicant for Planning Commission, in
support of his application.
Victor Chechanover, Petaluma, in support of Spence Burton's
application to the Planning Commission.
Resolution 2005-159A N.C.S. Appointing John Mills to the Planning
Commission to Complete a Four -Year Term Expiring June 30, 2008:
City Clerk Claire Cooper collected the ballots and read the results as
follows:
Council Member Canevaro: John Mills
Mayor Glass: Spence Burton
Vice Mayor Harris: John Mills
Council Member Healy: Abstained
Council Member Nau: John Mills
Council Member O'Brien: John Mills
Council Member Torliatt: Spence Burton
Mayor Glass
C. Resolution 2005-160 N.C.S. Authorizing the Appropriation of $5,000 to
the Salvation Army by the City of Petaluma for Hurricane Katrina Relief
Efforts. (Bierman)
City Manager Bierman
Council Member O'Brien
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Vol. 41, Page 250
September 19, 2005
MOTION: Approve Resolution 2005-160 N.C.S. Authorizing the
Appropriation of $5,000 to the Salvation Army by the City of Petaluma for
Hurricane Katrina Relief Efforts.
Moved by Mike O'Brien, seconded by Karen Nau.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
D. G—Rd Gtie R/DiFeG ieR I?egGFrdiRg Prier AUthr)ri-rv+ir)n +e
ExeG to Settlement Agreement and Vacation of Portion of Oak Terrace
Way. (RUGIRGRsky) - Removed from the agenda.
4. NEW BUSINESS
19 A. Resolution 2005-161 N.C.S. Approving the Memorandum of Understanding
20 Regarding Water Transmission System Capacity Allocation During
21 Temporary Impairment Between the Sonoma County Water Agency and
22 Water Contractors. (Ban)
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24 Mike Ban, Water Resources and Conservation Director, presented the staff
25 report.
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27 Mayor Glass
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29 Council Member Torliatt
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31 Mayor Glass
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33 Mark Cornelius, Attorney at Law
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35 Motion: Approve Resolution 2005-161 N.C.S. Approving the Memorandum
36 of Understanding Regarding Water Transmission System Capacity
37 Allocation During Temporary Impairment Between the Sonoma County
38 Water Agency and Water Contractors.
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40 Moved by Pamela Torliatt, seconded by David Glass.
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42 Public Comment
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44 Geoff Cartwright, Petaluma, feels Council has no choice but to sign
45 this MOU, but cautioned them to be aware of the reasons why we
46 have this impaired water transmission system; i.e., "development
47 has exceeded water supply." He warned the situation will continue
48 to worsen.
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50 Vote: Motion carried 7-0.
51 Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
52 Nau; Mike O'Brien; Pamela Torliatt
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September 19, 2005
No: None
Vol. 41, Page 251
B. Introduction (First Reading) of Ordinance 2223 N.C.S. Amending Chapter
3.12 of the Petaluma Municipal Code to Authorize the Sale of Surplus
Police Vehicles to Educational Institutions Without Advertisement for Bids
or Public Auction. (Hood/Stapleton)
Chief Steve Hood
MOTION: Approve Introduction (First Reading) of Ordinance 2223 N.C.S.
Amending Chapter 3.12 of the Petaluma Municipal Code to Authorize the
Sale of Surplus Police Vehicles to Educational Institutions Without
Advertisement for Bids or Public Auction.
Moved by Mike O'Brien, seconded by Mike Healy.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
C. Resolution 2005-162 N.C.S. Ratifying Memorandum of Understanding
Executed by the Duly Authorized Representatives of the City and the
International Association of Firefighters Local 1415 for Employees of Unit 7
(Fire). (Robbins/Carmichael)
Pamala Robbins, Human Resources Manager, presented the staff report.
MOTION: Approve Resolution 2005-162 N.C.S. Ratifying Memorandum of
Understanding Executed by the Duly Authorized Representatives of the
City and the International Association of Firefighters Local 1415 for
Employees of Unit 7 (Fire).
Moved by Mike O'Brien, seconded by Mike Healy.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
D. Theater District Project:
1. PCDC Resolution 2005-13 Approving the First Amendment to an Owner
Participation Agreement with Basin Street Properties Involving the PCDC
Financing of Public Improvements in the Downtown Theater District and
Authorizing Additional Project Funding.
2. Resolution 2005-163 N.C.S. Authorizing Additional Project Funding for the
Theater District Project. (Bierman/Marengo)
City Manager Bierman
Council Member Canevaro
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Vol. 41, Page 252
Vice Mayor Harris
September 19, 2005
Council Member Healy
MOTION: Approve 1, PCDC Resolution 2005-13 Approving the First
Amendment to an Owner Participation Agreement with Basin Street
Properties Involving the PCDC Financing of Public Improvements in the
Downtown Theater District and Authorizing Additional Project Funding.
2. Resolution 2005-163 N.C.S. Authorizing Additional Project Funding for the
Theater District Project.
Moved by Mike Healy, seconded by Mike O'Brien.
Council Member O'Brien
Council Member Torliatt
Mayor Glass
Council Member Canevaro
City Manager Bierman
Council Member Torliatt
Council Member O'Brien
Council Member Healy
Vote: Motion carried 6-1.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien
No: Pamela Torliatt
5. PUBLIC HEARING
A. Resolution 2005-164 N.C.S. Authorizing the Allocation of FY 2005-06
Supplemental Law Enforcement Service Funds (SLESF) for the Computer
Aided Dispatch/Records Management System (CAD/RMS).
(Carmichael/Rubaloff)
Public Comment
None.
City Manager Bierman
MOTION: Approve Resolution 2005-164 N.C.S. Authorizing the Allocation of
FY 2005-06 Supplemental Law Enforcement Service Funds (SLESF) for the
Computer Aided Dispatch/Records Management System (CAD/RMS).
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September 19, 2005 Vol. 41, Page 253
Moved by David Glass, no second required.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
E: "11 D411111111illililill �ll���liox4�lia4�ilil'�i*ii[*N
Council adjourned to Closed Session at 5:25 p.m.
PUBLIC COMMENT
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CLOSED SESSION
• PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Govt. Code §54957: Title: City
Attorney.
• CONFERENCE WITH LABOR NEGOTIATORS: Government Code §54957.6. Agency Negotiator:
Michael Bierman/Parnala Robbins. Employee Organization: AFSCME, Petaluma Police Officers
Association, Local 1415 lAFF, Public Safety Mid -Management Association.
SEPTEMBER 19, 2005
EVENING SESSION
CALL TO ORDER - 7:00 P.M.
A. Roll Call
Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy, Karen Nau,
Mike O'Brien, Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Police Chief Steve Hood
C. Moment of Silence
REPORT OUT OF CLOSED SESSION (Actions Taken)
None.
PROCLAMATIONS
Proclamations Commending Police Officer John Antonio and Mr. Bob Pawlan for Their
Lifesaving CPR Efforts.
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Vol. 41, Page 254
Police Chief Steve Hood
Carol Yashar, Petaluma
Ben Yashar, Petaluma
Chief Hood
City Manager Bierman
Police Officer John Antonio
PUBLIC COMMENT
September 19, 2005
Eric Forter, Petaluma, spoke regarding the noise level from the freeway at his
home in East Petaluma, and asked the soundwall project could be facilitated.
David Libchitz, Petaluma, regarding the manner in which Council handled the
issues of the garbage franchise and former Planning Commissioner Stephanie
McAllister.
Carolann Holland, Petaluma, announced a Casa Grande High School Leadership
Fundraiser "A Taste of Petaluma" to benefit the victims of Hurricane Katrina,
Friday, September 30, 2005, 6:00 p.m., at the Petaluma Community Center, 320 N.
McDowell Boulevard, Petaluma.
Council Member O'Brien
Council Member Torliatt
Council Member Nau
COUNCIL COMMENT
None.
CITY MANAGER COMMENT
IN .OTAMM
6. PUBLIC HEARING
A. Lindberg Circle: Resolution 2005-165 N.C.S. Amending the General Plan
from Thoroughfare Commercial to Mixed Use for Lindberg Circle location
at the corner of Lakeville Street and Lindberg Lane, 2) Resolution 2005-166
N.C.S. Tentative Subdivision Map, 3) Resolution 2005-167 N.C.S. Adopting a
Mitigated Negative Declaration and 4) Introduction (First Reading) of
Ordinance 2224 N.C.S. Amending the Zoning Map from Commercial
Highway to Planned Unit District (PUD) and Approving the Planned Unit
District Development Plan and Design Guidelines. APN 005-020--003, -039, -
040, File # 04 -GPA -0512 -CR. (Moore/Boyle)
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September 19, 2005
Vol. 41, Page 255
Phil Boyle, Associate Planner, Community Development Department,
presented the staff report.
Public Comment
Ivan Barta, Barta Hide Company, Petaluma, spoke in opposition to
the project.
Victor Nagel, Petaluma, spoke of concerns about safety of
children living in proposed project because of heavy use of streets
by large trucks, the lack of a bike lane, and the need for a signal
at Lindberg at Lakeville
Council Member Torliatt
Jim Maselli, Maselli and Sons, Petaluma, spoke regarding drainage
issues on Lindberg Lane.
Mayor Glass
Geoff Cartwright, Petaluma, spoke regarding flooding.
Mark Eglin, Lindberg Circle LLC, Petaluma, applicant
Mayor Glass
Council Member Torliatt
Mr. Eglin
Mr. Boyle
David Moyer, Hedgpeth Architects
Mayor Glass
Mr. Eglin
Council Member Nau
Council Member Torliatt
Council Member Nau
Mr. Eglin
Council Member Torliatt
Gary Balcerak, Landscape Architect
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Vol. 41, Page 256
September 19, 2005
Council Member O'Brien
Mr. Eglin
Council Member O'Brien
Mayor Glass
Council Member Healy
Council Member Nau
Council Member Canevaro
Mr. Eglin
Mayor Glass
Council Member Torliatt
Mr. Boyle
Mike Moore, Community Development Director
Council Member Torliatt
Mr. Moore
Council Member Torliatt
FITNTY, =.—
Craig Spaulding, City Engineer
Council Member Torliatt
Mr. Spaulding
Council Member Torliatt
Mr. Boyle
Council Member Healy
Mayor Glass
Council Member O'Brien
Council Member Nau
Z=
September 19, 2005 Vol. 41, Page 257
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Council Member Healy
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Council Member Canevaro
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Mr. Eglin
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Council Member Canevaro
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Mayor Glass
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Lee Nobmann, owner of property
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Mayor Glass
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Council Member Healy
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Mr. Nobmann
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Mayor Glass
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Mr. Nobmann
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Mayor Glass
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Council Member Canevaro
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Council Member Torliatt
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Mr. Moore
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Mayor Glass
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Council Member Canevaro
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Council Member Healy
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Council Member O'Brien
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Council Member Torliatt
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Council Member Healy
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Council Member O'Brien
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Council Member Nau
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Council Member Canevaro
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Mr. Boyle
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Council Member Healy
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Vol. 41, Page 258 September 19, 2005
Mr. Nobmann
Council Member Healy
Mr. Spaulding
Council Member Healy
Mr. Eglin
Council Member Canevaro
City Manager Bierman
MOTION: To call the question.
Moved by Mike O'Brien. The motion did not receive a second and was
lost.
MOTION: Approve Lindberg Circle: Resolution 2005-165 N.C.S. Amending
the General Plan from Thoroughfare Commercial to Mixed Use for
Lindberg Circle location at the corner of Lakeville Street and Lindberg
Lane, 2) Resolution 2005-166 N.C.S. Tentative Subdivision Map, 3)
Resolution 2005-167 N.C.S. Adopting a Mitigated Negative Declaration
and 4) Introduction (First Reading) of Ordinance 2224 N.C.S. Amending
the Zoning Map from Commercial Highway to Planned Unit District (PUD)
and Approving the Planned Unit District Development Plan and Design
Guidelines. APN 005-020--003, -039, -040, File # 04 -GPA -0512 -CR.
Moved by Mike O'Brien, seconded by Karen Nau.
Council Member Torliatt
Mr. Boyle
Council Member O'Brien
Mayor Glass
W-1i7T4 ►�1 1•- • I.a
Vote: Motion carried 4-3.
Yes: Keith Canevaro; Mike Harris; Karen Nau; Mike O'Brien
No: David Glass; Mike Healy; Pamela Torliatt
Council Member Canevaro
B. Resolution 2005-168 N.C.S. Denying the Appeal by Patricia Tuttle Brown of
a Decision of the Site Plan and Architectural Review Committee to
Approve the 1 st Street Townhomes Project at 401 Second Street, APNs 008-
126-003, -004, -005, -008, -010, -012 & -013, which Includes the Demolition of
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September 19, 2005
Vol. 41, Page 259
the Hamilton Cabinet Shop. Project File No(s). 05 -APL -0493 -CR.
(Moore/Gordon)
Kim Gordon, Associate Planner, Community Development Department,
presented the staff report.
Council Member Healy
Ms. Gordon
Council Member Torliatt
Patricia Tuttle Brown, Petaluma
Public Comment
Voorhees Mount, Petaluma, in support of the appeal.
Lucy Kortum, Petaluma, in support of the appeal.
Dave Lipchitz, Petaluma, in support of the appeal.
Joe Durney, Petaluma, in support of the appeal.
Stuart Hyde, Petaluma, in support of the appeal.
Barbara Dawson, Petaluma, in support of the appeal.
Rudy Avila, Petaluma, in support of the appeal.
Geoff Cartwright, Petaluma, in support of the appeal.
Frank Denney, Cobblestone Homes
Council Member Healy
Jack Rittenhouse, Petaluma, SPARC Member
Council Member Torliatt
Council Member Healy
Mike Moore, Community Development Director
Council Member Canevaro
Mr. Denney
Council Member Nau
Mr. Denney
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Vol. 41, Page 260
ADJOURN
September 19, 2005
Council Member Nau
Council Member Torliatt
Council Member O'Brien
Mayor Glass
MOTION: Uphold the Appeal by Patricia Tuttle Brown of a Decision of the
Site Plan and Architectural Review Committee to Approve the 1st Street
Townhomes Project at 401 Second Street, APNs 008-126-003, -004, -005, -
008, -010, -012 & -013, which Includes the Demolition of the Hamilton
Cabinet Shop. Project File No(s). 05 -APL -0493 -CR
Moved by Pamela Torliatt. The motion did not receive a second and was
lost.
MOTION: Approve Resolution 2005-168 N.C.S. Denying the Appeal by
Patricia Tuttle Brown of a Decision of the Site Plan and Architectural
Review Committee to Approve the 1 st Street Townhomes Project at 401
Second Street, APNs 008-126-003,-004,-005,-008,-010,-012 & -013, which
Includes the Demolition of the Hamilton Cabinet Shop. Project File No(s).
05 -APL -0493 -CR.
Moved by Mike O'Brien, seconded by Keith Canevaro.
Council Member Torliatt
Council Member Canevaro
Council Member Healy
Vote: Motion carried 5-2.
Yes: Keith Canevaro; David Glass; Mike Healy; Karen Nau;
Mike O'Brien
No: Mike Harris; Pamela Torliatt
The meeting was adjourned at 10:35 p.m.
ATTEST:
/s/
Claire Cooper, CMC, City Clerk
/s/
David Glass, Mayor