HomeMy WebLinkAboutStaff Report 1.B 12/16/2019Agenda Item # LB
L UCity of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
1 Draft City Council/PCDSA Minutes
2 Monday, March 4, 2019
3 Regular Meeting
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6 MONDAY, MARCH 4, 2019
7 CLOSED SESSION — 6:00 P.M.
9 CALL TO ORDER
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11 A. ROLL CALL
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13 Present: Teresa Barrett; D'Lynda Fischer; Mike Healy; Gabe Kearney; Dave King;
14 Kevin McDonnell; Kathy Miller
15 Absent: None
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17 CLOSED SESSION
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19 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6.
20 Agency Designated Representatives: Scott Brodhun and Amy Reeve. Petaluma Public Safety Mid -
21 Management Association, Unit 10 - Public Safety Mid -Managers.
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23 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
24 pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case. The existing facts and
25 circumstances based on which the City Council on the advice of the City Attorney has concluded
26 there is significant exposure to litigation against the City based on public comments made by legal
27 counsel for Safeway at the June 26, 2018 Planning Commission meeting subject to Section
28 54956.9(e) (4), correspondence to the City from Safeway legal counsel dated December 1 and 2, 2018,
29 and demand to cure or correct correspondence submitted to the City by legal counsel for Safeway
30 dated January 2, 2019, subject to Section 54956.9(e) (3). The correspondence from Safeway legal
31 counsel, including the cure or correct correspondence is available for public inspection in the Office of
32 the City Clerk in accordance with Section 54957.5.
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34 PUBLIC COMMENT ON CLOSED SESSION ITEMS
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36 Mayor Barrett opened Public Comment on CLOSED SESSION items.
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38 Chris Marsh, "No Gas Here," Petaluma, spoke in opposition to the proposed Safeway Fuel Center
39 Project.
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41 Brian Griffith, Petaluma, spoke in opposition to the proposed Safeway Fuel Center Project.
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43 Seeing no other persons wishing to speak, Mayor Barrett closed Public Comment on CLOSED
44 SESSION items.
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March 4, 2019
MONDAY, MARCH 4, 2019
EVENING SESSION — 6:45 P.M.
CALL TO ORDER
A. ROLL CALL
Present: Teresa Barrett; D'Lynda Fischer; Mike Healy; Gabe Kearney; Dave King;
Kevin McDonnell; Kathy Miller
Absent: None
B. PLEDGE OF ALLEGIANCE
C. MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
COUNCIL COMMENT was moved to follow GENERAL PUBLIC COMMENT.
PROCLAMATIONS
• National Surveyor's Week - March 17-23, 2019
Mayor Barrett
John FitzGerald, Petaluma
• Colorectal Cancer Awareness Month - March 2019
Mayor Barrett
Elaine Ramirez
PRESENTATION
• Sonoma County Water Agency Annual Budget Presentation
Operations Manager Kent Carothers
Lynne Roselli, Finance and Accounting Manager, Sonoma County Water Agency (SCWA)
Mayor Barrett
Council Member Kearney
Ms. Roselli
Council Member Kearney
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March 4, 2019
Ms. Roselli
Council Member King
Ms. Roselli
Council Member King
Ms. Roselli
Council Member Healy
Mayor Barrett
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
GENERAL PUBLIC COMMENT
Vol. XX, Page 3
Mayor Barrett opened GENERAL PUBLIC COMMENT.
Trathem Heckman, Petaluma, Daily Acts, spoke about the climate crisis.
Peter Tscherneff, Petaluma, spoke in support of a bus route that stops at the Palace of Fruit.
Katherine Bobrowski, Littlewoods Mobile Home Villas, Petaluma, urged people to be screened
regularly for cancer and said she is a cancer survivor since 1995. She then spoke of problems at
the mobile home park where she lives.
Jerry Price, Petaluma, spoke regarding the Corona Crossing development, which should
be transit -oriented, with walkable access to the train station.
Annie Stuart, Petaluma, spoke about the different speakers who were working hard for what they
believe in. She asked Council to put the Climate Crisis at the top of their list of priorities.
Duane Bellinger, Petaluma, spoke regarding the "accusation by Safeway that there is conflict of
interest by two Council Members and asking for their recusal." He urged Council to think of the
due process of the children who live in the area of the proposed gas station, and said anyone
asked to recuse should state they will not do so.
Seeing no other persons wishing to speak, Mayor Barrett closed GENERAL PUBLIC COMMENT.
1. APPROVAL OF MINUTES
None.
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Revised Agenda for Regular City Council/PCDSA Meeting of Monday,
March 18, 2019. - Revision No. 1 -Thursday, February 28, 2019.
Vol. XX, Page 4
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March 4, 2019
City Manager Flynn
Motion to Approve A. Revised Agenda for Regular City Council/PCDSA Meeting
of Monday, March 18, 2019, as amended to add a tentative agenda for the April
6, 2019 Goal -Setting Session.
made by Gabe Kearney, seconded by Kathy Miller.
Vote: Motion carried 7-0
Yes: Teresa Barrett; D'Lynda Fischer, Mike Healy; Gabe Kearney;
Dave King; Kevin McDonnell; Kathy Miller
No: None
Abstain: None
Absent: None
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY), continued
City Attorney Danly
Mayor Barrett
City Attorney Danly
Mayor Barrett
Council Member Healy
City Attorney Danly
Mayor Barrett
There was Council consensus to reconvene in CLOSED SESSION iust prior to the PUBLIC HEARING
(item S.A) on the following:
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case. The existing facts and
circumstances based on which the City Council on the advice of the City Attorney has concluded
there is significant exposure to litigation against the City based on public comments made by legal
counsel for Safeway at the June 26, 2018 Planning Commission meeting subject to Section
54956.9(e) (4), correspondence to the City from Safeway legal counsel dated December I and 2, 2018,
and demand to cure or correct correspondence submitted to the City by legal counsel for Safeway
dated January 2, 2019, subject to Section 54956.9(e) (3). The correspondence from Safeway legal
counsel, including the cure or correct correspondence is available for public inspection in the Office of
the City Clerk in accordance with Section 54957.5.
3. CONSENT CALENDAR
A. Resolution Accepting Claims and Bills for January 2019. (Garberolio)
B. Resolution Appointing Susan Hootkins to the Marin/Sonoma Mosquito and Vector
Control District Board of Trustees to Serve a Four -Year Term Expiring December 31,
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4.
March 4, 2019
2022.
Vol. XX, Page 5
Motion to Approve A. Resolution 2019-031 N.C.S. Accepting Claims and Bills for January
2019; and, B. Resolution 2019-032 N.C.S. Appointing Susan Hootkins to the Marin/Sonoma
Mosquito and Vector Control District Board of Trustees to Serve a Four -Year Term Expiring
December 31, 2022.
Vote: Motion carried 7-0
Yes:
Teresa Barrett; D'Lynda Fischer, Mike Healy; Gabe Kearney;
Dave King; Kevin McDonnell; Kathy Miller
No:
None
Abstain:
None
Absent:
None
NEW BUSINESS
A. Resolution Authorizing the City of Petaluma to Purchase One 2018 Ram 2500 as a
Regional Tow Vehicle Pursuant to a U.S. Department of Homeland Security FY
2017 Assistance to Firefighter's Grant Award in the Amount of $77,841.00.
(Thompson)
Council Member King announced that he would recuse himself for the item, as
one of the bidders is his client. He left dais.
Assistant Fire Chief Jeff Schach
Council Member Kearney
Assistant Chief Schach
Council Member Kearney
Motion to Approve A. A. Resolution 2019-033 N.C.S. Authorizing the City of
Petaluma to Purchase One 2018 Ram 2500 as a Regional Tow Vehicle Pursuant to
a U.S. Department of Homeland Security FY 2017 Assistance to Firefighter's Grant
Award in the Amount of $77,841.00.
made by Gabe Kearney, seconded by Mike Healy.
Vote: Motion carried 6-0
Yes: Teresa Barrett; D'Lynda Fischer, Mike Healy; Gabe Kearney;
Kevin McDonnell; Kathy Miller
No: None
Abstain: Dave King
Absent: None
Council Member King returned to the dais.
Vol. XX, Page 6 March 4, 2019
1 COUNCIL COMMENT
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3 Council Member Healy
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Council Member Kearney
Mayor Barrett
Council Member Kearney
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Vice Mayor McDonnell
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Council Member Miller
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Council Member King
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Mayor Barrett
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19 CITY MANAGER COMMENT
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21 City Manager Flynn
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23 City Attorney Danly
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25 5. PUBLIC HEARING
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27 A. Public Hearing to Reconsider Adoption on January 28, 2019 of City Council
28 Resolution No. 2019-015 N.C.S. which rescinded and replaced Resolution No.
29 2018-180 Adopted December 3, 2018 concerning the Safeway Fuel Center
30 Project Located at 335 South McDowell Boulevard, Assessor's Parcel No. 007-820-
31 046, File No. PLAP 18-0001 - City Council Consideration and Possible Decision on
32 whether to: 1) Adopt the attached Resolution Rescinding and Replacing
33 Resolution No. 2019-015 Adopted January 28, 2019 and Upholding the Appeal
34 filed by Joann McEachin as to the Mitigated Negative Declaration Approved by
35 the Petaluma Planning Commission on June 26, 2018 by Resolution No. 2018-
36 21 A, Ordering the Preparation of an Environmental Impact Report, and
37 Staying the Planning Commission's Approval of Site Plan and Architectural
38 Review pursuant to Resolution No. 2018-21 B Adopted June 26, 2018; or to 2)
39 Adopt the attached Resolution Rescinding and Replacing Resolution No. 2019-
40 015 N.C.S. Adopted January 28, 2019 Denying the Appeal filed by JoAnn
41 McEachin as to the Mitigated Negative Declaration and Site Plan and
42 Architectural Review Approved by the Planning Commission Pursuant to
43 Resolution Nos. 2018-21A and 2018-218 Adopted June 26, 2018, and Affirming the
44 Planning Commission's Approval of the Mitigated Negative Declaration and Site
45 Plan and Architectural Review for the Safeway Fuel Center; or 3) Take Some
46 Alternative Action. (Hines/Ervin/Danly) - Agenda Title Changed and Staff Report
47 Made Available with Agenda Revision No. 1 - Thursday, February 28, 2019.
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49 On the advice of City Attorney Danly, Council Members Kearney and Miller
50 recused themselves for the item and left the dais.
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52 Principal/Environmental Planner Olivia Ervin, M -Group
March 4, 2019
Vol. XX, Page 7
Mayor Barrett
Patrick Soluri, Soluri Meserve, Sacramento, legal counsel for JoAnn
McEachin, appellant
Matt Francois, Rutan & Tucker, LLP, Palo Alto, legal counsel for Safeway, Inc.
Mr. Soluri
Mayor Barrett
Council Member Healy
Mr. Soluri
Council Member Healy
Mr. Soluri
Council Member Healy
Mayor Barrett
Mr. Francois
Council Member Fischer
Mr. Francois
Council Member Fischer
Mr. Francois
Council Member Healy
Mr. Francois
Council Member Fischer
Mr. Francois
Council Member Fischer
Mr. Francois
Council Member Fischer
Mr. Francois
Mayor Barrett
Vol. XX, Page 8 March 4, 2019
1 Mayor Barrett opened the PUBLIC HEARING on Item S.A.
2
3 Kim Pierce, "No Gas Here," Petaluma, spoke in opposition to the proposed
4 Safeway Fuel Center Project.
Genie Praetzel, McDowell Elementary School, spoke in opposition to the
proposed Safeway Fuel Center Project.
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Lendri Purcell, FACTS (Families Advocating for Chemical and Toxics Safety),
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Petaluma, spoke in opposition to the proposed Safeway Fuel Center Project.
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Robert Doane, "No Gas Here," Petaluma, spoke in opposition to the proposed
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Safeway Fuel Center Project.
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Richard Sachen, Petaluma, also representing the Sierra Club, "No Gas Here,"
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Petaluma, spoke in opposition to the proposed Safeway Fuel Center Project.
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Maureen Maguire, Petaluma, spoke in opposition to the proposed Safeway Fuel
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Center Project.
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Eric Monti, Petaluma, Petaluma, spoke in opposition to the proposed Safeway
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Fuel Center Project.
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Peter Samhammer, Rohnert Park, spoke in opposition to the proposed Safeway
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Fuel Center Project.
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Dennis Pocekay, Petaluma, spoke in opposition to the proposed Safeway Fuel
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Center Project.
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Marc Mortenson, McDowell School, Petaluma, spoke in opposition to the
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proposed Safeway Fuel Center Project.
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Erin Wrightsman, Petaluma, spoke in opposition to the proposed Safeway Fuel
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Center Project.
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Amanda Monchamp, Partner, Monchamp Meldrum, LLP, San Francisco, spoke
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about limits to the Council's discretionary authority regarding this project.
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Kerstin Bandner spoke in opposition to the proposed Safeway Fuel Center Project.
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Adriann Saslow, "No Gas Here," Petaluma, spoke in opposition to the proposed
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Safeway Fuel Center Project.
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Joe Linn, "No Gas Here," Petaluma, spoke in opposition to the proposed Safeway
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Fuel Center Project.
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Steve Martin, Santa Rosa, spoke in support of the proposed Safeway Fuel Center
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Project.
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Hank Fearnley, "No Gas Here," Petaluma, spoke in opposition to the proposed
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Safeway Fuel Center Project.
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March 4, 2019
Vol. XX, Page 9
1 Barbara Stagg, Petaluma, spoke in opposition to the proposed Safeway Fuel
2 Center Project.
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4 Brent Newell, Petaluma, spoke in opposition to the proposed Safeway Fuel Center
5 Project.
Duane Bellinger, Petaluma, spoke in opposition to the proposed Safeway Fuel
Center Project.
10 Peter Tscherneff, Petaluma, spoke in opposition to the proposed Safeway Fuel
11 Center Project.
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13 Tina Thomas, Washington Square Associates, Sacramento, told Council they do
14 not have discretion beyond design review.
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16 Daniel Wonnacott, Petaluma, spoke in opposition to the proposed Safeway Fuel
17 Center Project.
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19 Seeing no other persons wishing to speak, Mayor Barrett closed the PUBLIC
20 HEARING on Item 5.A.
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22 Mr. Soluri
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24 Mr. Francois
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26 Natalie Maffei, Senior Real Estate Manager, Albertsons Companies, Pleasanton
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28 Mayor Barrett announced that the Council would now adjourn to CLOSED
29 SESSION; Item 5.A would continue when Council returned.
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31 CLOSED SESSION
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33 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
34 pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case. The existing facts and
35 circumstances based on which the City Council on the advice of the City Attorney has concluded
36 there is significant exposure to litigation against the City based on public comments made by legal
37 counsel for Safeway at the June 26, 2018 Planning Commission meeting subject to Section
38 54956.9(e) (4), correspondence to the City from Safeway legal counsel dated December 1 and 2, 2018,
39 and demand to cure or correct correspondence submitted to the City by legal counsel for Safeway
40 dated January 2, 2019, subject to Section 54956.9(e) (3). The correspondence from Safeway legal
41 counsel, including the cure or correct correspondence is available for public inspection in the Office of
42 the City Clerk in accordance with Section 54957.5.
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44 City Attorney Danly
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46 ADJOURN TO CLOSED SESSION
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48 RECONVENE REGULAR CITY COUNCIL/PCDSA MEETING
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50 Mayor Barrett announced that the Regular City Council/PCDSA Meeting was back in session.
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52 Motion to Continue the meeting past 11:00 p.m., as required by Council's Rules, Policies, and
53 Procedures.
Vol. XX, Page 10
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March 4, 2019
made by Mike Healy, seconded by Dave King.
Vote: Motion carried 5-0
Yes:
Teresa Barrett; D'Lynda Fischer, Mike Healy;
Dave King; Kevin McDonnell
No:
None
Abstain:
Gabe Kearney; Kathy Miller
Absent:
None
City Attorney Danly explained that Council's Rules, Policies and Procedures requires a vote of
Council to continue a meeting past 11:00 p.m.
Mayor Barrett
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
City Attorney Danly recommended that this matter be continued to the Monday, April 1, 2019
Regular City Council/PCDSA Meeting.
Motion to Approve Continuation of this matter to the Monday, April 1, 2019 Regular City
Council/PCDSA Meeting.
made by Mike Healy, seconded by D'Lynda Fischer.
Vote: Motion carried 5-0
Yes:
Teresa Barrett; D'Lynda Fischer, Mike Healy;
Dave King; Kevin McDonnell
No:
None
Abstain:
Gabe Kearney; Kathy Miller
Absent:
None
City Attorney Danly
ADJOURN
The meeting was adjourned 11:05 p.m.
ATTEST:
Claire Cooper, CMC, City Clerk
Teresa Barrett, Mayor