HomeMy WebLinkAboutCity Council Minutes 10/15/20071
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October 15, 2007
Vol. 43, Page 149
City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, October 15, 2007
Regular Meeting
OCTOBER 15, 2007
AFTERNOON SESSION
CALL TO ORDER - AFTERNOON SESSION - 3:00 P.M.
A. Roll Call
Present: Teresa Barrett, Samantha Freitas, Mike Harris, Karen Nau,
Mike O'Brien, David Rabbitt
Absent: Pamela Torliatt
B. Pledge of Allegiance
Peter Welker, Petaluma
C. Moment of Silence
PROCLAMATIONS
• Honoring Former Airport Manager Bill Graham.
Vice Mayor Nau
Mike Graham (son of Bill Graham)
Council Member Harris left the dais.
• Proclaiming October 24, 2007 as United Nations Day.
Vice Mayor Nau
Jim Wilkinson, United Nations Association of Sonoma County
Council Member Harris returned to the dais.
• Proclaiming October 23-31, 2007 as Red Ribbon Week.
Vice Mayor Nau
Dick Sharke, Petaluma, McDowell Drug Task Force
Vol. 43, Page 150 October 15, 2007
PUBLIC COMMENT
Bill Donahue, Petaluma, spoke regarding the mobile home ordinance, which he said is
"currently under fire." He asked Council to continue to defend the ordinance and the
residents of the City's mobile home parks. In November, Council will discuss block grants,
among them grants dealing with affordable housing. He asked if perhaps some of that
money could be set aside to cover cost of litigation regarding the mobile home
ordinance.
Susan Kirks, Petaluma, Paula Lane Action Network (PLAN), spoke about an informational
meeting regarding the Paula Lane Open Space Project, to be held on Saturday, October
20, 2007, at the corner of Paula Lane and Sunset Drive. For those unable to attend or
wanting more information, she provided the group's web site address -
www.paulalaneactionnetwork.org and phone number - 707-773-3215.
Phil Boyle, Petaluma, Associate Planner, Community Development Department, and
Member of the City's Green Team, spoke about the success of the City's Going Green
Expo, held October 13th, thanked everyone for participating and thanked the volunteers
and sponsors.
Council Member Barrett
Mr. Boyle
Tiffany Renee, Petaluma, spoke regarding the request by Council Members to review the
Silk Mill Project and said it was problematic and should remain "untainted." She asked
Council to finish the General Plan process before agendizing the Silk Mill item.
Carol Bevan, Petaluma, "Soccer Mom," thanked the Council for allowing the soccer
tournament to be here a couple of weeks ago. She feels Petaluma has the potential to
make a lot of money by hosting soccer events. She added that the soccer fields are in
disrepair and she asked Council to help get them into shape.
COUNCIL COMMENT
Council Member Harris
City Manager Bierman
Council Member O'Brien asked that the meeting be adjourned in memory of James
Mott, the only Petaluma Firefighter killed in the line of duty, who died 95 years ago this
month.
Council Member Rabbitt
Council Member Barrett
Council Member Freitas
Vice Mayor Nau
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October 15, 2007
CITY MANAGER COMMENT
City Manager Bierman
AGENDA CHANGES AND DELETIONS (Changes to Current Agenda Only)
Vol. 43, Page 151
• Request by Council Members Freitas, Harris, and Nau to add to this agenda:
Discussion and Possible Action to Direct Staff to Allow Formal SPARC Review of the
Old Silk Mill Project Prior to Adoption of the 2025 General Plan.
Council Member Harris
City Attorney Danly
Motion: Approve addition to this agenda as Item 4A New Business: Discussion and
Possible Action to Direct Staff to Allow Formal SPARC Review of the Old Silk Mill
Project Prior to Adoption of the 2025 General Plan.
Moved by Mike Harris, seconded by Samantha Freitas.
Vote: Motion carried 5-1.
Yes: Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien;
David Rabbitt
No: Teresa Barrett
Abstain: None
Absent: Pamela Torliatt
APPROVAL OF MINUTES
A. Approval of Minutes of Special City Council/PCDC Meeting of Tuesday,
September 25, 2007.
Motion: Approve A. Minutes of Special City Council/PCDC Meeting of
Tuesday, September 25, 2007, as presented.
Moved by Samantha Freitas, seconded by Mike Harris.
Vote: Motion carried 5-0.
Yes: Samantha Freitas; Mike Harris; Karen Nau;
David Rabbitt; Teresa Barrett
No: None
Abstain: Mike O'Brien
Absent: Pamela Torliatt
B. Approval of Minutes of Regular City Council/PCDC Meeting of Monday,
October 1, 2007.
Motion: Approve B. Minutes of Regular City Council/PCDC Meeting of
Monday, October 1, 2007, as presented.
Vol. 43, Page 152 October 15, 2007
Moved by Mike O'Brien, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt
No: None
Abstain: None
Absent: Pamela Torliatt
C. Approval of Minutes of Special City Councill/PCDC Meeting of Saturday,
October 6, 2007.
Motion: Approve C. Minutes of Special City Council/PCDC Meeting of
Saturday, October 6, 2007, as presented.
Moved by Mike O'Brien, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt
No: None
Abstain: None
Absent: Pamela Torliatt
2. APPROVAL OF PROPOSED AGENDAS
A. Approval of Proposed Agenda for Special City Council/PCDC Meeting of
Saturday, October 27, 2007.
Motion: Approve A. Proposed Agenda for Special City Council/PCDC
Meeting of Saturday, October 27, 2007, as presented.
Moved by Mike O'Brien, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt
No: None
Abstain: None
Absent: Pamela Torliatt
B. Approval of Proposed Agenda for Special Joint City Council/Planning
Commission/Site Plan and Architectural Review Committee/Historical and
Cultural Preservation Committee Workshop Meeting of Monday, October
29, 2007.
Motion: Approve B. Proposed Agenda for Special Joint City
Council/Planning Commission/Site Plan and Architectural Review
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3.
October 15, 2007
Vol. 43, Page 153
Committee/Historical and Cultural Preservation Committee Workshop
Meeting of Monday, October 29, 2007, as presented.
Moved by David Rabbitt, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt
No: None
Abstain: None
Absent: Pamela Torliatt
C. Approval of REVISED Proposed Agenda for Regular City Council/PCDC
Meeting of Monday, November 5, 2007. - REVISIONS MADE IN REVISED
AGENDA NO. 1.
Council Member Harris
Public Works Director Marengo
Motion: Approve C. REVISED Proposed Agenda for Regular City
Council/PCDC Meeting of Monday, November 5, 2007, with the
Presentation on the East Washington Interchange and Narrows Project
Soundwall Installation moved to the 7:00 p.m. session.
Moved by Mike Harris, seconded by David Rabbitt
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt
No: None
Abstain: None
Absent: Pamela Torliatt
CONSENT CALENDAR
A. Introduction and Adoption of Urgency Ordinances Amending Ordinances
Nos. 2246-2247 and 2261-2265 N.C.S., To Change Certain Appropriations
for the Operation of the City of Petaluma from July 1, 2006 through June
30, 2007 and Declaring the Urgency Thereof, To Take Effect Immediately;
PCDC Resolution Approving Adjustments to the Petaluma Community
Development Commission Fiscal Year 2006-2007 Budget. (Carmichael) -
PCDC RESOLUTION ADDED IN REVISION NO. 1. - Removed for discussion.
B. Resolution 2007-175 N.C.S. Amending the Classification and
Compensation Plan by Establishing the Revised Classification of Fire
Captain. (Carmichael/Robbins)
C. Resolution 2007-177 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range,
Vol. 43, Page 154 October 15, 2007
and Unit Assignment of Project Manager - Green Building.
(Carmichael/Robbins) - Removed for discussion.
D. Resolution 2007-178 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range,
and Unit Assignment of Finance and Accounting Manager and Abolishing
the Classification of Accounting Manager. (Carmichael/Robbins) -
Removed for discussion.
Resolution 2007-179 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range,
and Unit Assignment of Information Technology Manager and Abolishing
the Classification of Information Systems Manager. (Carmichael/Robbins) -
Removed for discussion.
Resolution 2007-180 N.C.S. Authorizing the Execution of a Purchase Order
with IRONMAN Parts and Service Emission Group, 2535 Anselmo Drive,
Corona, CA 92879, for the Installation of Nine Cleaire Horizon -M Diesel
Particulate Reduction Devices, Installation Parts, and Project/File
Management for Certification with CARB. (Marengo/Hornick) - Removed
for discussion.
G. Resolution 2007-181 N.C.S. Authorizing the City Manager to Execute the
Transfer Documents (Deeds) Transferring the Right -of -Way for the Lakeville
Highway/Route 116 Widening Project to the State of California.
(Marengo/Evert) - Removed for discussion.
H. Adoption (Second Reading) of Ordinance 2285 N.C.S. Amending Title 10
of the Petaluma Municipal Code by Adding Chapter 10.68 entitled
"Alcohol -Related Nuisance Ordinance." (Hood/Edwards)
Resolution 2007-176 N.C.S. Authorizing the Police Department to Accept a
Traffic Safety Grant from the California Office of Traffic Safety for a DUI
Enforcement and Awareness Program in the Amount of $302,908.00.
(Hood/Lyons)
Council Member Harris asked to pull Consent Calendar Items 3A and 3G for
discussion.
Council Member O'Brien asked to pull Consent Calendar Items 3A, 3C, 3D, 3E,
and 3F for discussion.
Motion: Approve Consent Calendar Items 3B, 3H, and 31.
Moved by Mike O'Brien, seconded by Samantha Freitas.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt
No: None
Abstain: None
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October 15, 2007
Absent: Pamela Torliatt
Administrative Services Director Steven Carmichael
Council Member Harris
City Manager Bierman
Council Member Freitas
Director Carmichael
Council Member Freitas
City Manager Bierman
Council Member O'Brien
Director Carmichael
Council Member O'Brien
Director Carmichael
Council Member O'Brien
Director Carmichael
Vol. 43, Page 155
Motion: Approve A. Introduction and Adoption of Urgency Ordinances Amending
Ordinances Nos. 2246-2247 and 2261-2265 N.C.S., To Change Certain
Appropriations for the Operation of the City of Petaluma from July 1, 2006 through
June 30, 2007 and Declaring the Urgency Thereof, To Take Effect Immediately;
PCDC Resolution Approving Adjustments to the Petaluma Community
Development Commission Fiscal Year 2006-2007 Budget.
Moved by Teresa Barrett, seconded by Samantha Freitas.
Vote: Motion failed 5-1 (see City Attorney's explanation below)
Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau;
David Rabbitt
No: Mike O'Brien
Abstain: None
Absent: Pamela Torliatt
Council Member O'Brien
City Attorney Danly explained that urgency ordinances require a unanimous vote
of the Council Members present to pass; therefore, the ordinances had failed but
PCDC Resolution 2007-16 Approving Adjustments to the Petaluma Community
Development Commission Fiscal Year 2006-2007 Budget had passed. The
Vol. 43, Page 156 October 15, 2007
ordinances were then reintroduced as non -urgency ordinances requiring a
second reading:
Motion: Approve A. Introduction (First Reading) of Ordinance 2286 N.C.S.
(General Fund); Ordinance 2287 N.C.S. (Landscape Assessment Districts);
Ordinance 2288 N.C.S. (Transient Occupancy Tax Funds); Ordinance 2289 N.C.S.
(Other Funds); and Ordinance 2290 N.C.S. (Donation Funds) Amending
Ordinances Nos. 2246-2247 and 2261-2265 N.C.S., To Change Certain
Appropriations for the Operation of the City of Petaluma from July 1, 2006 through
June 30, 2007.
Moved by Teresa Barrett, seconded by Mike Harris.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt
No: None
Abstain: None
Absent: Pamela Torliatt
Council Member O'Brien
Director Carmichael
Public Works Director Marengo
Council Member O'Brien
Director Marengo
Director Carmichael
Council Member O'Brien
City Manager Bierman
Council Member O'Brien
City Manager Bierman
Motion: Approve C. Resolution 2007-177 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range, and Unit
Assignment of Project Manager - Green Building.
Moved by Teresa Barrett, seconded by David Rabbitt.
Vote: Motion carried 5-1.
Yes: Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau;
David Rabbitt
No: Mike O'Brien
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October 15, 2007
Abstain: None
Absent: Pamela Torliatt
Council Member O'Brien
Director Carmichael
Council Member O'Brien
Director Carmichael
Council Member O'Brien
Human Resources Manager Pamala Robbins
Director Carmichael
Vol. 43, Page 157
Motion: Approve D. Resolution 2007-178 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range, and Unit
Assignment of Finance and Accounting Manager and Abolishing the
Classification of Accounting Manager; and Resolution 2007-179 N.C.S. Amending
the Classification and Compensation Plan by Establishing the New Classification,
Pay Range, and Unit Assignment of Information Technology Manager and
Abolishing the Classification of Information Systems Manager.
Moved by Teresa Barrett, seconded by Samantha Freitas.
Vote: Motion carried 5-1.
Yes:
Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau;
David Rabbitt
No:
Mike O'Brien
Abstain:
None
Absent:
Pamela Torliatt
Council Member O'Brien
Alan Kirby, Public Works Supervisor, Maintenance and Operations
Council Member O'Brien
Mr. Kirby
Council Member O'Brien
Mr. Kirby
Motion: Approve F. Resolution 2007-180 N.C.S. Authorizing the Execution of a
Purchase Order with IRONMAN Parts and Service Emission Group, 2535 Anselmo
Drive, Corona, CA 92879, for the Installation of Nine Cleaire Horizon -M Diesel
Particulate Reduction Devices, Installation Parts, and Project/File Management for
Certification with CARB.
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Vol. 43, Page 158
October 15, 2007
Moved by Mike O'Brien, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt
No: None
Abstain: None
Absent: Pamela Torliatt
Council Member Harris
Mike Evert, Capital Improvements Program Manager, Public Works Department
Motion: Approve G. Resolution 2007-181 N.C.S. Authorizing the City Manager to
Execute the Transfer Documents (Deeds) Transferring the Right -of -Way for the
Lakeville Highway/Route 116 Widening Project to the State of California.
(Marengo/Evert)
Moved by Samantha Freitas, seconded by David Rabbitt.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt
No: None
Abstain: None
Absent: Pamela Torliatt
Council Member Rabbitt
Vice Mayor Nau
4. NEW BUSINESS
A. Discussion and Possible Action to Allow Formal SPARC Review of the Old
Silk Mill Project Prior to Adoption of the 2025 General Plan.
City Manager Bierman
Water Resources and Conservation Director Ban
Council Member Rabbitt
City Attorney Danly
Assistant City Attorney Thomsen
City Attorney Danly
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October 15, 2007
Public Comment
Vol. 43, Page 159
Lucy Kortum, Petaluma, told Council she was concerned about the
"fairness issue" of this request when other applicants are facing delay of
their projects. She was also worried about changes to the original request
that were now being made. She would like to see this project succeed,
but not without eliminating some of the concerns raised.
John McGinnis, Petaluma, said he is an investor in this project, and
pointed out that this development is not proposed by "some deep pocket
out-of-town developer"; that the investors are citizens of Petaluma. He
said he does not know why Council would be opposed to the project. The
investors have expenses to meet and are already a year behind.
Mike Healy, Petaluma, attorney for the developer, said the community is
very excited about this project but it has been waiting for more than two
years for formal SPARC action, and if it does not move forward soon, the
project may "go away." He clarified that there are two CEQA issues and
an encroachment issue. The applicants want to get to a formal SPARC
hearing. They understand that even that would leave them having to wait
for General Plan completion or having to request a General Plan
amendment. He explained that the developer is willing to pay the water
hookup fees on the 8 units of new construction. He did not believe that
the program was meant to include collecting hookup fees for remodeling
projects.
Council Member Barrett
Mr. Healy
Council Member Barrett
Council Member Rabbitt
Mr. Healy
Council Member Rabbitt
Mr. Healy
Council Member Rabbitt
Mr. Healy
Council Member Rabbitt
Mr. Healy
Ross Jones, new resident of Petaluma, architect, said he has no financial
interest in this project; read sections from the 2003 International Building
Code that he feels provide a precedent to grant the applicant's request
to proceed to formal SPARC review and to be considered before other
Vol. 43, Page 160 October 15, 2007
projects that are also waiting, because of the building's historical
significance.
Janice Cader-Thompson, Petaluma, noted that there were many other
applicants who have been told they must wait for the General Plan
process to be completed before their projects may move forward. She
said that if the Council allowed this project to move forward now, they
would ensure that others applicants would file suit against the City.
City Manager Bierman
Gina Pittler, Petaluma, spoke regarding City Manager Bierman's statement
that he expects the General Plan to be formally adopted in April 2008.
She supports this project and does not think processing projects here
should be so "overwhelming." Currently, applications are not even being
looked at by City staff, but will start being reviewed, in order
received, after the General Plan is adopted. She asked why the projects
couldn't be reviewed now, except for final approval. She said that this
"waiting game is costly to everyone."
Council Member O'Brien
Community Development Director Moore
Council Member O'Brien
Vice Mayor Nau
City Attorney Danly
Vice Mayor Nau
City Attorney Danly
City Manager Bierman
Council Member Rabbitt
City Attorney Danly
Council Member Rabbitt
Council Member O'Brien
City Attorney Danly
Council Member O'Brien
City Attorney Danly
Assistant City Attorney Thomsen
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October 15, 2007
Council Member O'Brien
Assistant City Attorney Thomsen
City Attorney Danly
Council Member Barrett
Council Member Rabbitt
City Attorney Danly
Council Member Harris
Council Member Freitas
Council Member Harris
Council Member Freitas
City Manager Bierman
Council Member Barrett
Council Member Rabbitt
City Manager Bierman
Council Member Harris
City Manager Bierman
City Attorney Danly
Council Member Rabbitt
Vice Mayor Nau
Vol. 43, Page 161
Robert Mitchell, Managing General Partner on project, said they have
worked extensively with the City asking them what would they would like
the developers to do to preserve this building. They have waited two
years for the General Plan. They were assured it would be done by
November or December. Now they are hearing "April 2008," and the
General Plan process "just never ends." He told Council that "when you
drag things out because of indecision, you hurt the community as a
whole." He asked Council to allow the project to move forward to a
formal SPARC hearing.
Vice Mayor Nau
City Attorney Danly
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Vol. 43, Page 162
October 15, 2007
City Manager Bierman
Council Member Rabbitt
City Attorney Danly
Council Member Harris
City Manager Bierman
Council Member Rabbitt
City Attorney Danly
Council Member Rabbitt
City Attorney Danly
Council Member Rabbitt
Council Member Freitas
Motion: Direct staff to work on the encroachment permit for this project; to
provide a staff report analysis with all related materials as if it were a final,
formal SPARC hearing; and to agenclize the item when appropriate. The
proposed change of the land -use designation to high-density residential
was reaffirmed by Council.
Moved by David Rabbitt, seconded by Samantha Freitas.
City Attorney Danly
Council Member Rabbitt
Vote: Motion carried 5-1.
Yes: Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Rabbitt
No: Teresa Barrett
Abstain: None
Absent: Pamela Torliatt
PUBLIC COMMENT ON CLOSED SESSION ITEM(Sl
None.
ADJOURN TO CLOSED SESSION - 6:10 p.m.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a)
California Government Code §54956.9: Carol Kelly v. City of Petaluma, Sonoma County
Superior Court Action No. SCV-240625. - ADDED IN REVISION NO. 2.
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October 15, 2007 Vol. 43, Page 163
REPORT OUT OF CLOSED SESSION - ACTIONS TAKEN
None.
ADJOURN
Closed Session was adjourned at 6:15 p.m. At the request of Council Member O'Brien,
the meeting was adjourned in memory of James Mott.
There was no evening session.
ATTEST:
/S/
Claire Cooper, CMC, City Clerk
/S/
Karen Nau, Vice Mayor