HomeMy WebLinkAboutCity Council Minutes 02/05/20071
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February 5, 2007
Vol. 42, Page 247
a��LU City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
IggB
City Council/PCDC Minutes
Monday, February 5, 2007
Regular Meeting
FEBRUARY 5, 2007
AFTERNOON SESSION
CALL TO ORDER - AFTERNOON SESSION - 3:00 P.M.
A. Roll Call
Present: Teresa Barrett, Karen Nau, Mike O'Brien,
David Rabbitt, Pamela Torliatt
Absent: Mike Harris
B. Pledge of Allegiance
Frank Simpson, Petaluma
PRESENTATION
Proclaiming February 18-24, 2007 National Engineers Week
Mayor Torliatt
Mike Ban, Director of Water Resources and Conservation, accepted the award from Vice
Mayor Nau.
Director Ban
PUBLIC COMMENT
Barbara Ahron, Petaluma, spoke regarding problems at Leghorns Park. She continues to
find broken glass and debris in the park - in the playgrounds and restrooms. She was
alarmed to learn that there is no budget for parks maintenance on the weekends.
Meloni Courtway, Petaluma, spoke regarding LaTercera Park, which is near her home.
Conditions have "gone from bad to terrible in the park and are spreading into the
neighborhood." She has found broken glass, grafitti, and cigarette butts in the
playground, and has witnessed drug deals taking place. Her son, Quinn, added that,
"They were making a mess!" She has joined with neighbors to organize an effort to "Take
Back LaTercera Park" and they have scheduled a meeting for February 10 at 10:00 a.m.
at the park. Representatives from Council, Police, and Fire Departments have agreed to
attend.
Vol. 42, Page 248 February 5, 2007
Mayor Torliatt
Bill Hammerman, Petaluma, praised the storefront improvements on Petaluma Boulevard;
thinks Petaluma has a great sense of community. He referred to blogs he does on
Petaluma365.com, which dwell upon the need to focus action on the neighborhood
level. Neighborhood Action Groups (sometimes called NAGS), organized by citizens, can
form clean-up groups, emergency preparedness classes, etc. He is looking at the weeks
of February 12th and 22nd as a time for neighborhood "spark plugs" (citizens who are
"leaders") to step up to plate.
COUNCIL COMMENT
Mayor Torliatt
Council Member O'Brien
Council Member Robbitt
Vice Mayor Nau
Council Member Barrett
Mayor Torliatt
Council Member Barrett
CITY MANAGER COMMENT
City Manager Bierman
AGENDA CHANGES AND DELETIONS - To current agenda only
None.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDC Meeting of January 22,
2007.
MOTION: Approve A. Minutes of Regular City Council/PCDC Meeting of
January 22, 2007, as presented.
Moved by Council Member David Rabbitt, seconded by Council Member
Mike O'Brien.
Vote: Motion carried 5-0.
Yes: Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: None
Absent: Mike Harris
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2.
3.
February 5, 2007
Abstain: None
APPROVAL OF PROPOSED AGENDAS
Vol. 42, Page 249
A. Approval of Proposed Agenda for Special City Council/PCDC Meeting of
Monday, February 12, 2007.
B. Approval of Proposed Agenda for Special City Council/PCDC Meeting of
Monday, February 20, 2007.
C. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
February 26, 2007.
D. Approval of Proposed Agenda for City Council Goal Setting Workshop for
2007-2008 of Wednesday, February 7, 2007.
MOTION: Approve Proposed Agendas for Special City Council/PCDC Meeting of
Monday, February 12,2007; Special City Council/PCDC Meeting of Monday,
February 20, 2007; Regular City Council/PCDC Meeting of Monday, February 26,
2007; and Special City Council Goal Setting Workshop of Wednesday, February
7, 2007, as presented.
Moved by Council Member Mike O'Brien, seconded by Council Member David
Rabbitt.
Vote: Motion carried 5-0.
Yes: Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: None
Absent: Mike Harris
Abstain: None
CONSENT CALENDAR
A. Resolution 2007-024 N.C.S. Accepting Claims and Bills for December 2006.
(Carmichael)
B. Resolution 2007-025 N.C.S. Authorizing Sole Source Purchase of Eaton
Electrical/Cutler-Hammer Adjustable Frequency Drives for Booster Pump
Station No. 2. (Ban/Orr)
C. Resolution 2007-026 N.C.S. Authorizing the Purchase of Two (2) Dodge
Charger Police Vehicles from Moss Brothers Dodge, Riverside, CA in the
Amount of $49,895.73. (Hood/Evans)
D. Adoption (Second Reading) of Ordinance 2259 N.C.S. Recodifying and
Readopting Ordinance No. 2256 N.C.S. (Establishing a Living Wage
Requirement for Specified City Funded Contracts and City Employees)
and Reinstating Former Chapter 2.70 of the Municipal Code of the City of
Petaluma as Previously Codified. (Thomsen)
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Vol. 42, Page 250
4.
February 5, 2007
E. Resolution 2007-027 N.C.S. Requesting CalPERS Approval of Temporary
Employment Extension for Pamela Tuft as Director of General Plan
Administration. (Bierman)
F. Resolution 2007-028 N.C.S. Approving the Change in Meeting Schedule of
the Mayors' & Councilmembers' Association from Four to Five Meetings
per Year. (Bierman)
MOTION: Approve Consent Calendar Items 3A, 3B, 3C, 3D, 3E, and 3F.
Moved by Council Member Mike O'Brien, seconded by Vice Mayor Karen Nau.
Vote: Motion carried 5-0.
Yes: Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: None
Absent: Mike Harris
Abstain: None
Council Member O'Brien
UNFINISHED BUSINESS
A. Verbal Update for Progress on Construction of the Ellis Creek Water
Recycling Facility Through December 2006. (Ban/Orr)
Margaret Orr, Water Resources and Conservation Engineering Manager,
presented the report.
Council Member Rabbitt
Ms. Orr
Council Member Rabbitt
Vice Mayor Nau
Ms. Orr
Vice Mayor Nau
City Manager Bierman
Vice Mayor Nau
Council Member Rabbitt
Ken Sinclair, The Covello Group, Construction Manager for the Ellis Creek
Water Recycling Facility Project
Council Member Rabbitt
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5.
February 5, 2007
Mr. Sinclair
Council Member Rabbitt
Mayor Torliatt
Ms. Orr
Mayor Torliatt
Vol. 42, Page 251
B. Introduction (First Reading) of Ordinance 2260 N.C.S. of the City Council of
the City of Petaluma Amending Chapter 2.70 of the Petaluma Municipal
Code (Senior Citizens Center Committee) and Reinstating a Senior
Advisory Committee; Resolution 2007-029 N.C.S. Appointing Interim
Members to the Senior Advisory Committee. (Carr/Streeper)
Don Streeper, Seniors Recreation Coordinator, Parks and Recreation
Department
MOTION: Approve B. Introduction (First Reading) of Ordinance 2260
N.C.S. of the City Council of the City of Petaluma Amending Chapter 2.70
of the Petaluma Municipal Code (Senior Citizens Center Committee) and
Reinstating a Senior Advisory Committee; Resolution 2007-029 N.C.S.
Appointing Interim Members to the Senior Advisory Committee.
Moved by Council Member Teresa Barrett, seconded by Council Member
Mike O'Brien.
Vote: Motion carried 5-0.
Vote: Motion carried 5-0.
Yes: Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: None
Absent: Mike Harris
Abstain: None
NEW BUSINESS
A. Resolution 2007-030 N.C.S. Approving Agreement for Recreational
Development and Joint Use of City Property between City of Petaluma
and Petaluma City Schools. (Carr)
Don Phoenix, Recreation Supervisor, Parks and Recreation Department,
presented the staff report.
Council Member Rabbitt
Mr. Phoenix
Vol. 42, Page 252 February 5, 2007
Council Member Rabbitt
Vice Mayor Nau
Mr. Phoenix
Vice Mayor Nau
Mr. Phoenix
Council Member Rabbitt
Mayor Torliatt
Mr. Phoenix
Mayor Torliatt
MOTION: Approve A. Resolution 2007-030 N.C.S. Approving Agreement for
Recreational Development and Joint Use of City Property between City of
Petaluma and Petaluma City Schools.
Moved by Vice Mayor Karen Nau, seconded by Council Member David
Rabbitt.
Vote: Motion carried 5-0.
Yes: Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: None
Absent: Mike Harris
Abstain: None
B. Matter of Discussion and Adoption of the Proposed 2006-07 City of
Petaluma and Petaluma Community Development Commission (PCDC)
Mid -Year Budget Appropriations. (Carmichael):
• Introduction (First Reading) of Ordinance 2261 N.C.S. Amending
Ordinance No. 2246 N.C.S. to Change General Fund Appropriations for
the Operation of the City of Petaluma from July 1, 2006 to June 30,
2007.
• Introduction (First Reading) of Ordinance 2262 N.C.S. Amending
Ordinance No. 2247 N.C.S. to Change Special Revenue Fund
Appropriations from Special the Revenue Funds for the Operation of
the City of Petaluma from July 1, 2006 to June 30, 2007.
• Introduction (First Reading) of Ordinance 2263 N.C.S. Amending
Ordinance No. 2247 N.C.S. to Change Capital Improvement Project
Appropriations for the Operation of the City of Petaluma from July 1,
2006 to June 30, 2007.
• Introduction (First Reading) of Ordinance 2264 N.C.S. Amending
Ordinance No. 2247 N.C.S. to Change Internal Service Fund
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February 5, 2007
Vol. 42, Page 253
Appropriations for the Operation of the City of Petaluma from July 1,
2006 to June 30, 2007.
Introduction (First Reading) of Ordinance 2265 N.C.S. Amending
Ordinance No. 2247 N.C.S. to Change Enterprise Fund Appropriations
for the Operation of the City of Petaluma from July 1, 2006 to June 30,
2007.
PCDC Resolution 2007-03 Approving Adjustments to the Petaluma
Community Development Commission FY 2006-07 Budget.
Mayor Torliatt
Administrative Services Director Steven Carmichael
Vice Mayor Nau
City Manager Bierman
Mayor Torliatt
MOTION: Approve B. Introduction (First Reading) of Ordinance 2261 N.C.S.
Amending Ordinance No. 2246 N.C.S. to Change General Fund
Appropriations; Ordinance 2262 N.C.S. Amending Ordinance No. 2247
N.C.S. to Change Special Revenue Fund Appropriations from Special the
Revenue Funds; Ordinance 2263 N.C.S. Amending Ordinance No. 2247
N.C.S. to Change Capital Improvement Project Appropriations;
Ordinance 2264 N.C.S. Amending Ordinance No. 2247 N.C.S. to Change
Internal Service Fund Appropriations; Ordinance 2265 N.C.S. Amending
Ordinance No. 2247 N.C.S. to Change Enterprise Fund Appropriations for
the Operation of the City of Petaluma from July 1, 2006 to June 30, 2007;
and PCDC Resolution 2007-03 Approving Adjustments to the Petaluma
Community Development Commission FY 2006-07 Budget.
Moved by Council Member Teresa Barrett, seconded by Vice Mayor
Karen Nau.
Vote: Motion carried 5-0.
Yes: Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: None
Absent: Mike Harris
Abstain: None
ADJOURN TO CLOSED SESSION - 4:07 p.m.
PUBLIC COMMENT
None.
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Vol. 42, Page 254
CLOSED SESSION
February 5, 2007
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to subdivision (a) of
Government Code section 54956.9; City of Petaluma v. Willow Glen Partners LLC, et al.,
Sonoma Superior Court No. SCV-238786
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to subdivision (b) of
California Government Code Section 54956.9: 1 potential case; Pursuant to subdivision (c) of
California Government code Section 54956.9: 1 potential case
FEBRUARY 5, 2007
EVENING SESSION
CALL TO ORDER - EVENING SESSION - 7:00 P.M.
A. Roll Call
Present: Teresa Barrett, Mike Harris, Karen Nau, Mike O'Brien,
David Rabbitt, Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Emily Harmon, Petaluma, McDowell Elementary School
C. Moment of Silence
PROCLAMATION
Petaluma Rebels, Division 3, Under 14 Girls Soccer
Mayor Torliatt
Council Member Rabbitt
Mayor Torliatt
Coach Kevin Kinahan
REPORT OUT OF CLOSED SESSION - Actions Taken
None.
PUBLIC COMMENT
Bill Donahue, Petaluma, spoke regarding mobilehome parks.
Peter Tscherneff, Petaluma, spoke in support of Mayor Torliatt being nominated as
President. He read a poem he had written.
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February 5, 2007
Vol. 42, Page 255
Diane Reilly Torres, Petaluma, spoke regarding mobilehome parks being turned into
condominiums.
COUNCIL COMMENT
Mayor Torliatt
Council Member Harris
Vice Mayor Nau
Council Member Rabbitt
Mayor Torliatt
CITY MANAGER COMMENT
None.
6. UNFINISHED BUSINESS
A. Resolution 2007-031 N.C.S. Appointing Samantha Freitas to Fill Unexpired
Council Member Term Expiring December 31, 2008. (Bierman)
Mayor Torliatt
Vice Mayor Nau
Mayor Torliatt
Vice Mayor Nau
City Attorney Danly
Vice Mayor Nau
Council Member Harris
Council Member Barrett
Council Member Rabbitt
Mayor Torliatt
Council Member Barrett
Mayor Torliatt
Applicants' Presentations
Walter Coole, Petaluma
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Vol. 42, Page 256
February 5, 2007
Dmitri Evdokimoff, Petaluma
Kristina Flanagan, Petaluma
Samantha Freitas, Petaluma
Milton Frisbie, Petaluma
David Glass, Petaluma
Council Member Barrett
Mike Healy, Petaluma
Tim Hurley, as Emperor Norton II, Petaluma
James Pera, Petaluma
Council Member Barrett
Mr. Pera
Mayor Torliatt
Tiffany Renee, Petaluma
Randy William Scott, Petaluma
Ransom Stephens, Petaluma
Mayor Torliatt
Pamela Tarango, Petaluma
Mayor Torliatt
Public Comment
Judy Hillery, Petaluma, urged Council to only consider applicants who
could attend both 3 p.m. and 7 p.m. meetings.
Council Member Barrett
Mayor Torliatt
Bill Phillips, Petaluma, provided information he felt showed that Mike
Healy would not be a good choice for the vacancy.
Bill Young, Petaluma, expressed concern about special interests and
urged Council to look carefully at each candidate for a person truly
interested in the welfare of the City and not special interests.
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February 5, 2007
Vol. 42, Page 257
Wayne Vieler, Petaluma, mentioned that today is the anniversary of the
U.S. constitution. He said candidates should not sell themselves out to the
highest bidder by choosing to represent special interests instead of
representing the people.
Sherri Fabre Marcia, Petaluma, thought Council was coming together,
healing wounds from the recent election, and needed more political
diversity, and a 7th Council Member.
Nathan Nies, Petaluma, spoke in support of Milton "Milo" Frisbie.
Susan Kirks, Petaluma, thought David Glass, Mike Healy, and Tiffany
Ren6e were the most viable candidates.
Susan Garbert, Petaluma, in support of Tiffany Ren6e, who she said is
"tenacious with details."
Elizabeth Howland, Petaluma, thanked Council for their hard work and
thanked David Glass and Mike Healy for their work when they were on
Council. She urged Council to appoint Tiffany Ren6e.
Dave Libchitz, Petaluma, said that "Tonight, Council will prove how well
they serve the citizens." He added he would love to see Tiffany Ren6e
appointed to the 7th seat.
Connie Madden, Petaluma, thanked the candidates, and said she would
like to see someone take the 7th seat who is very knowledgeable about
the issues facing the City. She felt David Glass would be the best choice.
Clark Thompson, Petaluma, former Mayor of Petaluma, suggested Council
appoint Samantha Freitas.
Mary Glardon, Petaluma, applauded Mayor Torliatt and Council Members
Barrett, Harris, and Rabbitt for running "positive campaigns." She told the
Council the City needed the money it would cost to call a Special
Election for other things. Appointing Mike Healy would be "rewarding
negative campaigning." She recommended David Glass.
Kit Lofroos, Member, Tree Advisory Committee, Petaluma, admired all the
candidates. As a citizen, she wants to see someone with new insight, who
is engaged with Petaluma issues, and who understands how the City
works. She urged Council to appoint Tiffany Ren6e.
Stan Gold, Petaluma, provided information he felt showed that Mike
Healy would not be a good choice to fill the vacancy.
Mayor Torliatt
City Attorney Danly
Mayor Torliatt
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Vol. 42, Page 258
February 5, 2007
Council Member Robbitt
Council Member Harris
Mayor Torliatt
Vice Mayor Nau
Council Member O'Brien
Mayor Torliatt
Council Member Barrett
Mayor Torliatt
Council Member Harris
Council Member Rabbitt
Mayor Torliatt
Council Member Harris
Vice Mayor Nau
Mayor Torliatt
Council Member Harris
Council Member Rabbitt
Council Member O'Brien
Mayor Torliatt
Council Member Barrett
Mayor Torliatt suggested Council take a first vote, selecting three names
in alphabetical order.
City Attorney Danly
Mayor Torliatt
City Clerk Claire Cooper distributed ballots to Council, who marked their
three choices in alphabetical order.
Mayor Torliatt
City Clerk Cooper collected the ballots and read the results of Vote #1 as
follows:
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February 5, 2007
Barrett: Freitas, Glass, Renee
Harris: Freitas, Healy, Fera
Nau: Glass, Healy, Renee
O'Brien: Freitas, Fera, Renee
Rabbitt: Freitas, Healy, Renee
Torliatt: Flanagan, Freitas, Renee
Vol. 42, Page 259
City Attorney Danly noted that the following applicants had received at
least one vote in Vote #1:
Flanagan
Freitas
Glass
Healy
Pera
Renee
Mayor Torliatt suggested, and Council agreed, to vote a second time,
picking two choices in alphabetical order from the names of applicants
who had received at least one vote in the first round.
City Clerk Cooper re -distributed the ballots to Council and then collected
them and read the results of Vote #2 as follows:
Barrett: Glass, Renee
Harris: Freitas, Healy
Nau: Glass, Healy
O'Brien: Freitas, Pera
Rabbitt: Healy, Renee
Torliatt: Freitas, Renee
City Attorney Danly tallied the votes and read the results of Vote #2 as
follows:
Freitas: Received 3 votes
Glass: Received 2 votes
Healy: Received 3 votes
Pera: Received 1 vote
Renee: Received 3 votes
Mayor Torliatt suggested, and Council agreed, to vote a third time,
picking two choices in alphabetical order.
City Clerk Cooper re -distributed the ballots to Council and then collected
them and read the results of Vote #3 as follows:
Barrett: Glass, Renee
Harris: Freitas, Healy
Nau: Glass, Healy
Vol. 42, Page 260 February 5, 2007
O'Brien: Freitas, Pera
Rabbitt: Healy, Renee
Torliatt: Glass, Renee
City Attorney Danly tallied the votes and read the results of Vote #3 as
follows:
Freitas: Received 2 votes
Glass: Received 3 votes
Healy: Received 3 votes
Pera: Received 1 vote
Renee: Received 3 votes
Mayor Torliatt
Council Member Rabbitt
Mayor Torliatt
Council Member Barrett suggested, and Council agreed, to take a fourth
vote, eliminating the lowest vote getter, and choosing one from
applicants Freitas, Glass, Healy, and Renee.
City Attorney Danly
Mayor Torliatt
City Clerk Cooper re -distributed the ballots to Council and then collected
them and read the results of Vote #4 as follows:
Barrett: Renee
Harris: Healy
Nau: Healy
O'Brien: Freitas
Rabbitt: Healy
Torliatt: Glass
City Attorney Danly tallied the votes and read the results of Vote #4 as
follows:
Freitas: Received 1 vote
Glass: Received 1 vote
Healy: Received 3 votes
Renee: Received 1 vote
Mayor Torliatt
Council Member Harris
Mayor Torliatt
February 5, 2007 Vol. 42, Page 261
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Council Member Barrett
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Council Member Rabbitt
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Mayor Torliatt
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Vice Mayor Nau
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Mayor Torliatt
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Vice Mayor Nau
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Council Member Barrett
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Council Member Rabbitt
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Council Member Harris
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Mayor Torliatt
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Council Member O'Brien
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Council Member Barrett
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Mayor Torliatt
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Council Member Rabbitt
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Mayor Torliatt
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Vice Mayor Nau
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Council Member Rabbitt
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Mayor Torliatt
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Council Member Rabbitt
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Mayor Torliatt suggested, and Council agreed, to vote again.
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City Clerk Cooper re -distributed the ballots to Council and then collected
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them and read the results of Vote #5 as follows:
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Barrett: Freitas
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Harris: Healy
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Nau: Healy
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O'Brien: Freitas
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Rabbitt: Freitas
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Torliatt: Freitas
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Council Member Harris
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Vol. 42, Page 262 February 5, 2007
City Attorney Danly
Vice Mayor Nau
Council Member Harris
City Attorney Danly
MOTION: Approve A. Resolution 2007-031 N.C.S. Appointing Samantha
Freitas to Fill Unexpired Council Member Term Expiring December 31,
2008.
Moved by Council Member Mike O'Brien, seconded by Council Member
Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Mike Harris; Teresa Barrett; Karen Nau;
Pamela Torliatt; David Rabbitt; Mike O'Brien
No: None
Absent: None
Abstain: None
Mayor Torliatt
City Clerk Cooper administered the oath of office to Samantha Freitas.
Council Member Samantha Freitas joined the meeting at 10:35 p.m.
7. PUBLIC HEARING
A. Public Hearing and Discussion of Draft General Plan 2025 and Draft
Environmental Impact Report - Mobility Element. (Tuft) - Continued from
January 22, 2007 meeting.
Mayor Torliatt announced that the Public Hearina would be continued to
the February 12, 2007 meeting, at 6:00 p.m.
Director of General Plan Administration Pamela Tuft
Mayor Torliatt clarified that the Land Use Element will be discussed at the
February 12 and February 20 Special Meetings. The Mobility Element will
be discussed at the February 26 Regular Council Meeting.
Director Tuft
Public Comment
Diane Reilly Torres, Petaluma, thought the General Plan should be heard
earlier.
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February 5, 2007 Vol. 42, Page 263
Council Member O'Brien
Council Member Freitas
Vice Mayor Nau
ADJOURN
The meeting was adjourned at 10:42 p.m. At Mayor Torliaff's request, the meeting was
adjourned in memory of John Ramatici.
ATTEST:
/S/
Claire Cooper, CMC, City Clerk
/S/
Pamela Torliatt, Mayor