HomeMy WebLinkAboutCity Council Minutes 09/11/20061
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September 11, 2006
Vol. 42, Page 89
City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, September 11, 2006
Regular Meeting
September 11, 2006
AFTERNOON SESSION
AFTERNOON SESSION - CALL TO ORDER - 3:00 p.m.
A. Roll Call
Present: David Glass, Mike Harris, Mike Healy, Karen Nau, Mike O'Brien,
Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Council Member O'Brien
PROCLAMATION
Proclaiming September 23, 2006 as "Russian River Cleanup Day."
Mayor Glass
PUBLIC COMMENT
James Dunn, Estate of Robert Dunn, regarding property with potential as a City park.
Geoff Cartwright, Petaluma, regarding the Redwood Technology Project.
Council Member Torliatt
COUNCIL COMMENT
Council Member O'Brien
Vice Mayor Nau
Council Member Torliatt
CITY MANAGER COMMENT
None
Vol. 42, Page 90 September 11, 2006
AGENDA CHANGES AND DELETIONS - Changes to current agenda only
Council consensus to discuss possible rearrangement of items in the evening session
when that session begins.
APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDC Meeting of August 7,
2006.
Council Member O'Brien
Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of
August 7, 2006, amended to add language stating that Police Chief Steve
Hood attended the meeting as Acting City Manager.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 5-0.
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: None
Abstain: David Glass
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
September 18, 2006.
Vice Mayor Nau
Mayor Glass
Council Member Healy
Council Member Torliatt
City Manager Bierman
Council Member O'Brien
Council Member Torliatt
Council Member O'Brien
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC
Meeting of September 18, 2006, amended to move evening items to
afternoon session and cancel evening session; add Consent Calendar
item to approve Veterans' Day Fly -In.
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3.
September 11, 2006 Vol. 42, Page 91
Moved by Mike Healy, seconded by Karen Nau.
Vote: Motion carried 6-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No:
None
Absent:
None
Abstain:
None
CONSENT CALENDAR
A. Resolution 2006-151 N.C.S. Accepting Claims and Bills for July 2006.
(Carmichael)
B. Resolution 2006-152 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range,
and Unit Assignment of Neighborhood Preservation Coordinator.
(Carmichael/Robbins/Moore)
C. Resolution 2006-153 N.C.S. Accepting Completion of the Phase 2 and 3
Biosolids Removal Contract. (Ban/Orr)
D. Resolution 2006-154 N.C.S. Approving the Project Budget and Authorizing
the Award of Contract for the 2006 Oxidation Aerated Lagoon Dike Repair
Project. (Ban/Eckerson)
E. PCDC Resolution 2006-17 Accepting Completion of the North Bay
Construction, Inc. Contract for Water Street Phase 2 At Grade Site
Improvements Project C200403. (Marengo/Miche)
Resolution 2006-156 N.C.S. Approving the Project Budget and Authorizing
Award of the Construction Contract for the South McDowell
Boulevard/Bodega Avenue Road Pavement Maintenance/Rehabilitation
Project 3800-54151-C500106. (Marengo/Miche)
G. Resolution 2006-157 N.C.S. Approving the Project Budget and Authorizing
Award of the Construction Contract for the Various Street Reconstruction
Project, Phase 2 3800-54151-C500206. (Marengo/Onderdonk)
H. Resolution 2006-155 N.C.S. Authorizing the Submittal of Applications for
Federal Transit Funds. (Marengo/Davis)
Resolution 2006-158 N.C.S. Supporting Proposition 1C, the Housing and
Emergency Shelter Trust Fund Act of 2006. (Bierman)
Council Member Harris asked to pull Item 31 to be voted on separately.
Council Member Torliatt asked to pull Items 3F and 3G to be voted on separately.
Motion: Approve Consent Calendar Items 3A, 3B, 3C, 3D, 3F, and 3H.
Vol. 42, Page 92 September 11, 2006
Moved by Mike Healy, seconded by Pamela Torliatt.
Vote: Motion carried 6-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No:
None
Absent:
None
Abstain:
None
Item 3F
Council Member Torliatt
Larry Zimmer, Capital Improvements Division Manager, Public Works Department
Council Member Torliatt
City Manager Bierman
Council Member Torliatt
Council Member Healy
Mr. Zimmer
Jeanne Mich6, Capital Improvements Project Manager, Public Works Department
Council Member Healy
Council Member Torliatt
Motion: Approve F. Resolution 2006-156 N.C.S. Approving the Project Budget and
Authorizing Award of the Construction Contract for the South McDowell
Boulevard/Bodega Avenue Road Pavement Maintenance/Rehabilitation Project
3800-54151-C500106. - Staff to consult the Pedestrian and Bicycle Advisory
Committee regarding the availability of bike lanes in this project.
Moved by Pamela Torliatt, seconded by Mike Healy.
Vote: Motion carried 6-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No:
None
Absent:
None
Abstain:
None
Item 3G
Council Member Torliatt
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September 11, 2006
Vol. 42, Page 93
Motion: Approve G. Resolution 2006-157 N.C.S. Approving the Project Budget and
Authorizing Award of the Construction Contract for the Various Street
Reconstruction Project, Phase 2 3800-54151-C500206.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Mayor Glass
Council Member Healy
Vote: Motion carried 6-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No:
None
Absent:
None
Abstain:
None
Item 31
Council Member Harris
Motion: Approve I. Resolution 2006-158 N.C.S. Supporting Proposition 1 C, the
Housing and Emergency Shelter Trust Fund Act of 2006.
Moved by Pamela Torliatt, seconded by Mike Healy.
Vote: Motion carried 5-1.
Yes: David Glass; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No: Mike Harris
Absent: None
Abstain: None
pP►I�I�IE.'t:l� 7l1)w�li;l�.'ti•'I
A. Verbal Update for Progress on Construction of the Ellis Creek Water
Recycling Facility through July 2006. (Ban/Orr)
Margaret Orr, Water Resources and Conservation Engineering Manager,
presented the progress report.
Council Member Torliatt
Council Member O'Brien
Ms. Orr
B. Resolution 2006-159 N.C.S. Approving the Project Budget and Authorizing
the Award of the Construction Contract for the East Washington Street and
Vol. 42, Page 94 September 11, 2006
Caulfield Lane Soundwall Project, Phase 5 2800-54151-C500900.
(Marengo/Onderdonk)
Motion: Approve B. Resolution 2006-159 N.C.S. Approving the Project
Budget and Authorizing the Award of the Construction Contract for the
East Washington Street and Caulfield Lane Soundwall Project, Phase 5
2800-54151-C500900.
Moved by Pamela Torliatt, seconded by Karen Nau.
Mayor Glass
Vote: Motion carried 6-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No: None
Absent: None
Abstain: None
Public Comment
Ray Handyside, Petaluma, thanked Council for approving the project and
asked that they make Caulfield Lane the first priority.
5. NEW BUSINESS
A. Resolution 2006-160 N.C.S. Authorizing City Manager to Submit
Applications for Sonoma County Agricultural Preservation and Open
Space District (SCAPOSD) Matching Grant Funds for the Purchase of
Properties for Open Space Preservation. Provide Direction to City
Manager, Should Funds be Awarded, to Approach Landowners and
Proceed with Negotiations and Acquisition. (Tuft)
Mayor Glass
Director of General Plan Administration Pamela Tuft presented the staff
report.
Council Member Healy
Director Tuft
Council Member Torliatt
Director Tuft
City Attorney Danly
Council Member O'Brien
Director Tuft
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September 11, 2006 Vol. 42, Page 95
Council Member Healy
Motion: Approve A. Resolution 2006-160 N.C.S. Authorizing City Manager
to Submit Applications for Sonoma County Agricultural Preservation and
Open Space District (SCAPOSD) Matching Grant Funds for the Purchase of
Properties for Open Space Preservation. Provide Direction to City
Manager, Should Funds be Awarded, to Approach Landowners and
Proceed with Negotiations and Acquisition.
Moved by Mike Healy, seconded by Mike O'Brien.
Director Tuft
Public Comment
James Dunn, Estate of Robert Dunn, stated that the estate is a potentially
willing seller, and invited the City to explore that land as a possible City
park site.
Mayor Glass
Susan Kirks, Paula Lane Action Network, Petaluma, read statement
prepared by Julian Podbereski, who was ill. She thanked Council for
introducing the application for open space grants. The Paula Lane Action
Network feels the Paula Lane property would be a good addition to the
Open Space District's portfolio.
Vote: Motion carried 6-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No:
None
Absent:
None
Abstain:
None
Council Member Torliatt
Council Member Healy
Mayor Glass
Council Member Harris
Vonne Irish, Vonne Irish and Associates, Inc., Sonoma, agent for Paula
Lane property owner, feels owners' interests have been overlooked and
they have been harassed about open space.
Council Member Torliatt
Ms. Irish
Vo. 42,Page 96 September ll'2006
Council Member Tqriat
Ms. Irish
Mayor Glass
ADJOURN TO CLOSED SESSION - 4:13 p.m.
PUBLIC C[M&8EN?
George Weiner, Petaluma, regarding his position onthe Copeland Street property.
Council Member Tqriat
AKr. Weiner
Dodie Cooper, Petaluma, inopposition topushing around small property owners.
Council Member T#diatt
Council Member Healy
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL ' ANTICIPATED LITIGATION:
Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: 3
potential cases
Significant exposure to litigation pursuant to subdivision (b) of California Government Code
§54956.9: lpotential case
CONFERENCE WITH LEGAL COUNSEL ' EXISTING LITIGATION ' Pursuant tusubdivision (a)of
California Government Code 854Y569:
Basin Street Properties v. City of Petaluma; City Council of the City of Petaluma; and Does 1-20
Sonoma County Superior Court action number SCY'2J9032
Robert Ramirez and Rick Costa v. City of Petaluma and City Council of the City of Petaluma
Sonoma County Superior Court action number %CV' 39223
City nfPetaluma v.George Weiner and Judy Weiner Sonoma County Superior Court action
numberCCV'236848
September 1l'D0O6
EVENING SESSION
EVENING SESSION 'CALL TO ORDER '���m.
Present: [)avid Glass, Mike Honb' Mike Healy, Karen Nou' Mike O'Brien,
Pome|oTodiaM
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September 11, 2006
Pledge of Allegiance
Council Member Harris
Vol. 42, Page 97
C. Moment of Silence - In memory of the events of September 11, 2001, and the
many Public Safety personnel who lost their lives.
REPORT OUT OF CLOSED SESSION - Actions Taken
None.
PUBLIC COMMENT
David Swaney, Petaluma, thanked Council and the City Manager for paving of streets,
and asked what the City had done to prevent flooding like that experienced in
December 2005 from reoccurring.
Dave Libchitz, Petaluma, regarding the Redwood Technology project, and the Open
Space District.
Geoff Cartwright, Petaluma, regarding flooding problems in Petaluma, and the dangers
of continued development in the floodplain.
Bill Hammerman, Petaluma, regarding emergency preparedness, a column that
appeared in the Press Democrat this morning, and the Neighborhood Emergency
Response Team (NERT) program.
COUNCIL COMMENT
Council Member Healy
City Manager Bierman
Council discussion ensued regarding the order of the items on the agenda. It was
decided that the agenda would be heard in the order published.
Mayor Glass
City Attorney Danly
Council Member Torliatt
Council Member O'Brien
CITY MANAGER COMMENT
None.
UNFINISHED BUSINESS
A. Resolution 2006-161 N.C.S. Adopting Findings In Response to Written
Objections to Redevelopment Plan Amendments for the Central Business
Vol. 42, Page 98 September 11, 2006
District and Petaluma Community Development Project Areas; Receipt of
a Supplemental Report to Council; Introduction of Ordinance 2251 N.C.S.
and Ordinance 2252 N.C.S. Adopting Amendments to the Redevelopment
Plans for the Central Business District and Petaluma Community
Development Project Areas to Fiscally Merge the Project Areas;
Introduction of Ordinance 2253 N.C.S. Eliminating Time Limits for
Establishment of Debt for the Petaluma Community Development and
Original Central Business District Project Areas Pursuant to SB 211 and
Ordinance 2254 N.C.S. Extending the Time Limit for Plan Effectiveness and
Tax Increment Receipt for the Original Central Business District Project
Area Pursuant to SB 1096. (Carmichael) - Continued from August 7, 2006
Council Meeting.
Council Member Healy recused himself for the item and left dais.
Steven Carmichael, Administrative Services Director, presented the staff
report.
Council Member Torliatt
City Manager Bierman
Council Member Torliatt
City Attorney Danly
City Manager Bierman
Council Member O'Brien
City Manager Bierman
Mayor Glass
City Manager Bierman
Council Member Torliatt
City Attorney Danly
Council Member Torliatt
Motion: Approve A. Resolution 2006-161 N.C.S. Adopting Findings In
Response to Written Objections to Redevelopment Plan Amendments for
the Central Business District and Petaluma Community Development
Project Areas; Receipt of a Supplemental Report to Council; Introduction
of Ordinance 2251 N.C.S. and Ordinance 2252 N.C.S. Adopting
Amendments to the Redevelopment Plans for the Central Business District
and Petaluma Community Development Project Areas to Fiscally Merge
the Project Areas; Introduction of Ordinance 2253 N.C.S. Eliminating Time
Limits for Establishment of Debt for the Petaluma Community Development
and Original Central Business District Project Areas Pursuant to SB 211 and
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Q
September 11, 2006
Vol. 42, Page 99
Ordinance 2254 N.C.S. Extending the Time Limit for Plan Effectiveness and
Tax Increment Receipt for the Original Central Business District Project
Area Pursuant to SB 1096.
Moved by David Glass, seconded by Pamela Torliatt.
Council Member O'Brien
City Manager Bierman
Council Member O'Brien
Council Member Harris
Vice Mayor Nau
Vote: Motion carried 5-0.
Yes: David Glass; Mike Harris; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: None
Abstain: Mike Healy
Council Member Healy returned to the dais.
Resolution 2006-162 N.C.S. Canceling Special Election for the City of
Petaluma Special Tax District No. 2006-01 (Theatre District Area).
(Clark/Marengo)
Public Works Director Vince Marengo presented the staff report.
Council Member Torliatt
City Manager Bierman
Council Member Torliatt
Director Marengo
City Manager Bierman
Council Member Torliatt
Council Member Healy
City Manager Bierman
Council Member Healy
Mayor Glass
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Vol. 42, Page 100
September 11, 2006
Matt White, Basin Street Properties
Mayor Glass
Mr. White
Mayor Glass
Mr. White
Council Member Torliatt
Council Member Healy
Chris Lynch, Attorney at Law, Jones Hall, San Francisco
City Manager Bierman
Council Member Healy
Mr. White
Council Member Healy
Council Member Torliatt
City Manager Bierman
Council Member O'Brien
Mayor Glass
City Manager Bierman
Vice Mayor Nau
Mayor Glass
Council Member Healy
Council Member Torliatt
Council Member Healy
City Attorney Danly
Council Member Torliatt
Public Comment
Geoff Cartwright, Petaluma, asked what would happen if Basin Street
declined to participate.
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September 11, 2006 Vol. 42, Page 101
Council Member Torliatt
Motion: Approve B. Resolution 2006-162 N.C.S. Canceling Special Election
for the City of Petaluma Special Tax District No. 2006-01 (Theatre District
Area).
Moved by Mike O'Brien, seconded by Karen Nau.
Vote: Motion carried 6-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No:
None
Absent:
None
Abstain:
None
C. Discussion and Council Direction on Living Wage Proposal. (Bierman)
City Manager Bierman introduced Marty Bennett, Co -Chair of the Living
Wage Coalition of Sonoma County, SaraT. L. Mayer, U.C. Berkeley
Goldman School for Public Policy, and Carol Zabin, Center for Labor
Research and Education, UC Berkeley.
Carol Zabin presented the Fiscal Impact Analysis.
S.T. Mayer
Mayor Glass
Ms. Mayer
Mayor Glass
Ms. Mayer
Council Member O'Brien
Ms. Mayer
Council Member O'Brien
City Manager Bierman
Council Member O'Brien
Council Member Healy
Mr. Bennett
Mayor Glass
Vol. 42, Page 102 September 11, 2006
Mr. Bennett
Mayor Glass
Mr. Bennett
Council Member Healy
Mr. Bennett
Council Member Healy
Council Member Harris
Mr. Bennett
Public Comment
Jennifer Weiss, President, Boys and Girls Club, expressed gratitude for the
City's investment in the B&G Club. She is in support of the living wage, but
their agency, as well as COTS and PPSC would have to cut services if it
affected them. They are very appreciative of the exemption of non-
profits.
Ben Boyce, Living Wage Coalition, said that beyond whatever fiscal
impacts a living wage ordinance would have, it is a moral case: The City
needs to set an example that an honest day's work should get an honest
day's pay - and demonstrate that the City has a moral conscience.
Council Member Torliatt
Mayor Glass
Council Member Harris
Mayor Glass
Council Member Healy
Direction to City Manager to return to Council with ordinance exempting
non -profits.
Vice Mayor Nau
D. Discussion and Possible Direction on the Access Issues to the Lower Reach
Area of Petaluma. (Bierman)
City Manager Bierman presented the staff report.
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September 11, 2006
Public Comment
Vol. 42, Page 103
Paul Andronico, Basin Street Properties, said that Basin Street supports
acceptance of the PUC ruling as it reads and is prepared to give the City
an indemnity in case the PUC later says a grade separation is necessary.
Mayor Glass
Mr. Andronico
Mayor Glass
Council Member Healy
Mayor Glass
Council Member Healy
Mr. Andronico
Mayor Glass
Council Member Torliatt
City Attorney Danly
Council Member Torliatt
City Attorney Danly
Mr. Andronico
Council Member Torliatt
City Manager Bierman
David Keller, Petaluma, Former Co -Chair of the Central Petaluma Specific
Plan (CPSP) Committee, explained that when this project came before
SPARC a few months ago, the CPSP Committee endorsed the concept of
the on-site project. The access issue and conditional approvals from the
PUC were not addressed. He stressed that the support from CPSP
Committee members should not be construed to mean that the
committee was saying "this is a resolvable issue as presented." He
expressed concern about who bears risk of future decisions by PUC.
Council does not have a clear picture of what build -out on this project
would be. Does Council have the political and fiscal leadership to ensure
that no public money will ever be on the line to get this project approved
with access? Project beneficiaries should be responsible if PUC demands
an at -grade crossing down the line. Urged them not to go forward with
this Council with the kind of "prayer" the developer has offered. There
should be a master plan so they can see on paper as a Council what's
proposed.
Vol. 42, Page 104 September 11, 2006
Teresa Barrett, Petaluma, former member of SPARC and the Planning
Commission, and current Council candidate, expressed concern that
Council is being asked to approve a project that the PUC has ultimate
jurisdiction over without knowing what the uses on the property will be. It
would not be responsible or rational to go ahead at this point with a
decision. She was also concerned about the additional traffic it would
create on Lakeville. Council should not condition projects to go ahead
without getting the full fix upfront. Developers do not have the vested
interest that the people who buy the houses and live in Petaluma do. She
urged Council not to "fall for the same thing twice" when Basin Street says
they will indemnify the City.
Harry Clifford, Petaluma, agreed with last two speakers, and hoped
homeowners would get a disclosure statement. He told Council, "This
indemnity is not worth anything. You want to nail this down before you do
anything else."
Mitch Lind, Jerico Products, Petaluma, stressed that his property is not for
sale.
Geoff Cartwright, Petaluma, noted that Mr. Lind is not willing to give
access through his property, which is a considerable problem. If the City
loses the industrial river classification, the City loses the Army Corps of
Engineer funding for dredging in the river. He did not think it was
reasonable to think that Basin Street Properties would come back in
fifteen years or so and pay for a bridge over the railway. He reminded
Council of Item 6B on tonight's agenda.
Matt White, Basin Street Properties, said all the proposals before the
Council ensure emergency vehicle access regardless of road side, and
includes an indemnity that ensures that if the PUC requires a new crossing,
the City is covered. This indemnity can come back to Council, and can
include the appropriate financing mechanism. He stated that his
company had not gone against their word in the downtown project as
some speakers had suggested, but had worked very hard to make things
right.
Council Member Torliatt
Public Works Director Marengo
Traffic Manager Frank Penry
Council Member O'Brien
Mr. Penry
Council Member O'Brien
Community Development Director Mike Moore
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September 11, 2006
Council Member O'Brien
Director Moore
Mr. Penry
Council Member Torliatt
Mr. Penry
Council Member Torliatt
Mayor Glass
Mr. Penry
Council Member Torliatt
Mr. Penry
Council Member Healy
Mr. Penry
Council Member Healy
Council Member Torliatt
Mr. Penry
Council Member Torliatt
Mayor Glass
Mr. Penry
Director Marengo
Council Member Healy
City Manager Bierman
Council Member Healy
City Manager Bierman
Vol. 42, Page 105
Council Member Torliatt
Michael Strider, Sonoma -Marin Area Rail Transit District (SMART)
Mr. Andronico
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Vol. 42, Page 106
September 11, 2006
Council Member Torliatt
Council Member Healy
City Manager Bierman
Council Member Healy
Mr. Penry
Council Member Healy
City Manager Bierman
Council Member Torliatt
Council Member Healy
Council Member O'Brien
Council Member Harris
Mayor Glass
Vice Mayor Nau
Fire Chief Chris Albertson
Vice Mayor Nau
Council Member Healy
Chief Albertson
Vice Mayor Nau
Mayor Glass
Council Member Torliatt
Chief Albertson
Council Member Torliatt
Chief Albertson
Water Resources and Conservation Director Mike Ban
Council Member Torliatt
Director Ban
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September 11, 2006
Council Member O'Brien
Director Ban
Council Member O'Brien
Council Member Torliatt
Council Member Healy
Vol. 42, Page 107
Direction to staff to continue work on the project review process, the
viability of an indemnity from Basin Street Properties, and alternatives to
Hopper Street for access.
Mayor Glass
ADJOURN
The meeting was adjourned at 10:55 p.m. At Council Member O'Brien's request, the
meeting was adjourned in memory of Pamela Nadale.
ATTEST:
/S/
Claire Cooper, CMC, City Clerk
/S/
David Glass, Mayor