HomeMy WebLinkAboutCity Council/PCDC Minutes 01/04/20101
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L City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, January 4, 2010
Regular Meeting
MONDAY, JANUARY 4, 2010
CLOSED SESSION - 5:00 P.M.
CALL TO ORDER - CLOSED SESSION - 5:00 P.M.
A. Roll Call
Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
Absent: None
CLOSED SESSION
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to
subdivision (c) of California Government Code Section 54956.9: 2 potential cases.
-7 L01
213KOXO—TAM11 All CNII &I'll b
None.
. ji 1111 6 0
MONDAY, JANUARY 4, 2010
EVENING SESSION - 6:00 P.M.
CALL TO ORDER - EVENING SESSION - 6:00 P.M.
A. Roll Call
Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Ray Johnson, Petaluma
Vol. 45 Page 58
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C. Moment of Silence
January 4, 2010
Mayor Torliatt asked that the meeting be adjourned in memory of Linda Gonzalez,
Petaluma, Co -Owner of Gallery One.
AGENDA CHANGES AND DELETIONS - Changes to Current Agenda Only
CONSENT CALENDAR Item 2.1 was removed from this agenda and placed on the tentative
agenda for January 25, 2010.
PRESENTATION/PROCLAMATIONS
• Presentation of Distinguished Service Medal to Police Officers Danny Miller and Jordan
McCarthy. (Fish)
Mayor Torliatt
Police Chief Dan Fish
Mayor Torliatt
APPOINTMENT
Resolution 2010-001 N.C.S. Appointing David Glass as Vice Mayor for Calendar Year 2010.
Mayor Torliatt
Motion: Approve Resolution 2010-001 N.C.S. Appointing David Glass as Vice Mayor for Calendar
Year 2010.
Moved by Teresa Barrett, seconded by David Rabbitt.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Mayor Torliatt
REPORT OUT OF CLOSED SESSION (Actions Taken)
None.
PUBLIC COMMENT
Wayne Clark, Petaluma, spoke about the Sonoma County Supervisors and against Dutra asphalt
plant.
Katherine Bobrowski, Petaluma, spoke regarding parking violations in her mobile home park.
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Richard Brawn, Petaluma, spoke about the fiduciary duty of Petaluma City Council Members.
COUNCIL COMMENT
Mayor Torliatt
City Manager Brown
Mayor Torliatt
Council Member Healy
Mayor Torliatt
Council Member Healy
Mayor Torliatt
CITY MANAGER COMMENT
City Manager Brown
Mayor Torliatt
City Manager Brown
Mayor Torliatt
1. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, January 25, 2010.
Mayor Torliatt
Motion: Approve 1.A. Proposed Agenda for Regular City Council/PCDC Meeting
of Monday, January 25, 2010, with the addition of Item 2.1 (Purchase One (1)
Dodge Charger Vehicle) from this agenda.
Moved by Teresa Barrett, seconded by Mike Harris.
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee;
Pamela Torliatt
No: None
Abstain: None
Absent: None
Vol. 45 Page 60 January 4, 2010
1 2. CONSENT CALENDAR
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3 A. Resolution 2010-002 N.C.S. Accepting Claims and Bills for November 2009.
4 (Brown/Sato)
Resolution 2010-007 N.C.S. Supporting and Endorsing the Local Taxpayer, Public
Safety and Transportation Protection Act of 2010. (Brown) - Removed for
discussion.
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C.
Resolution 2010-003 N.C.S. Approving Amended Administrative Agreement for the
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Collection of Assessments for the Sonoma County Tourism Business Improvement
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Area Between the City of Petaluma and the County of Sonoma and Authorizing
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City Manager to Execute Agreement. (Brown)
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D.
Resolution 2010-004 N.C.S. Approving the Submittal of the 2009 State Controller's
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Office (SCO) Redevelopment Financial Report. (Sato/Gaebler)
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E.
PCDC Resolution 2010-01 Approving the Submittal of the 2009 State Controller's
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Office (SCO) Redevelopment Financial Report. (Sato/Gaebler)
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F.
Adoption (Second Reading) of Ordinance 2361 N.C.S. Conditionally Approving
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Assignment of the Franchise Agreement Between the City of Petaluma and
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GreenWaste Recovery (GWR), Inc. for Solid Waste, Recyclable Materials and Yard
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Trimmings Services to Petaluma Refuse and Recycling, Incorporated, an Affiliate
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of The Ratto Group of Companies, Inc., and Authorizing City Manager to Execute
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a Second Amendment to the Franchise Agreement upon Satisfaction of the
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Conditions Precedent Contained in the Ordinance. (Marengo/hackie)
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G.
Adoption (Second Reading) of Ordinance 2362 N.C.S. to Establish Radar
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Enforceable Speed Limits on Certain Streets Within the City of Petaluma.
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(Marengo/Bates) - Removed for discussion.
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H.
Adoption (Second Reading) of Ordinance 2363 N.C.S. Amending the Zoning Map
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to Redesignate from R5 to MU2 the Property Known as the Silk Mill Hotel Project
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Located at 450 Jefferson Drive, APN 007-163-002. (Bradley/Borba) - Removed for
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discussion.
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Rpnnh -finn A i -thorizing the Police Department te Utilize F, incis frem the Edward
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Byrne Mem OFial Insure Assistance Grant (iAG) tri Purchase One (1) DG due
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26. (F sh /EVGR - This item was removed from the agenda and placed on
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the tentative agenda for January 25, 2010.
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Resolution 2010-005 N.C.S. Authorizing the Police Department to Utilize Funds from
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the American Recovery and Reinvestment Act JAG (ARRA JAG) Grant to
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Purchase One (1) 2010 Chevrolet Tahoe Police Vehicle and One (1) 2010
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Chevrolet 3/4 4x4 Crew Cab P/U Truck from Victory Autoworld, Petaluma, CA in the
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Amount of $78,315.18. (Fish/Evans)
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K.
Resolution 2010-006 N.C.S. Authorizing Access to State and Federal Level Criminal
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History Information for Employment and Certification Purposes. (Brown/Robbins)
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Mayor Torliatt announced Items 2.11 and 2.H were to be removed for discussion; Item 2.1
had already been moved to the January 25, 2010 City Council Meeting agenda.
Council Member Harris asked to remove Item 2.G for discussion.
Motion: Approve CONSENT CALENDAR Items 2.A, 2.C, 2.11), 2.E, 2.F, 2.J, and 2.K.
Moved by Teresa Barrett, seconded by Mike Harris.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Vice Mayor Glass recused himself for CONSENT CALENDAR Item 2.13 and left the dais.
Motion: Approve 2.B. Resolution 2010-007 N.C.S. Supporting and Endorsing the Local
Taxpayer, Public Safety and Transportation Protection Act of 2010.
Moved by David Rabbitt, seconded by Mike Healy.
Vote: Motion carried 6-0.
Yes:
Teresa Barrett; Mike Harris; Mike Healy; David Rabbitt; Tiffany Renee;
Pamela Torliatt
No:
None
Abstain:
David Glass
Absent:
None
Vice Mayor Glass returned to the dais.
Mayor Torliatt
Motion: Approve 2.H. Adoption (Second Reading) of Ordinance 2363 N.C.S. Amending
the Zoning Map to Redesignate from R5 to MU2 the Property Known as the Silk Mill Hotel
Project Located at 450 Jefferson Drive, APN 007-163-002.
Moved by Teresa Barrett, seconded by David Glass.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Council Member Harris
Vol. 45 Page 62
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Mayor Torliatt
January 4, 2010
City Attorney Danly
Motion: Approve 2.G. Adoption (Second Reading) of Ordinance 2362 N.C.S. to Establish
Radar Enforceable Speed Limits on Certain Streets Within the City of Petaluma.
Moved by Mike Harris, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Item 4.A was heard next:
4. NEW BUSINESS
A. Resolution 2010-008 N.C.S. to Authorize the Position Allocation of Accounting
Assistant II - Utility Billing, and Implement Utility Billing on a Monthly Basis. (Sato)
Interim Finance Director Sandra Sato
Council Member Barrett
Interim Director Sato
Council Member Barrett
Interim Director Sato
City Manager Brown
Council Member Barrett
Mayor Torliatt
Interim Director Sato
Mayor Torliatt
Vice Mayor Glass
Interim Director Sato
Vice Mayor Glass
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Motion: Approve 4.A. Resolution 2010-008 N.C.S. to Authorize the Position
Allocation of Accounting Assistant 11 - Utility Billing, and Implement Utility Billing on
a Monthly Basis.
Moved by David Glass, seconded by Tiffany Ren6e.
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
No: None
Abstain: None
Absent: None
Mayor Torliatt announced that the remaining two items on the agenda and been noticed for
7:00 p.m., before the time of tonight's meeting was changed to 6:00 p.m. Therefore, the meeting
was recessed until 7:00 p.m.
Item 3.A was heard next:
3. UNFINISHED BUSINESS
A. Resolution 2010-009 N.C.S. Authorizing
Element -14; Proceeding with a Project Study Report for the Rainier Avenue Cross
Town Connector, Which Includes an Undercrossing on US 101 for the Extension of
Rainier Avenue (Independent Element 2); Continue to Pursue Approval of the
Project Study Report for the Rainier Avenue Cross Town Connector Project;
Proceeding with the Environmental Document Preparation (independent Element
2); and Consenting to the Expenditure of Tax Increment Funds for the Rainier
Cross -Town Connector Project C00501204, and Adopting Findings Required by
Health and Safety Code Section 33445 and Petaluma Communitv Development
Commission Resolution 2010-01 Adopting Findings Required by Health and Safety
Code Section 33445 and Authorizing the Expenditure of Tax Increment Funds for
the Rainier Cross -Town Connector Project, C00501204. (Marengo/Lackie)
Mayor Torliatt
Public Works Director Vince Marengo
Council Member Harris
Director Marengo
Council Member Harris
Director Marengo
Council Member Harris
Mayor Torliatt
Vol. 45 Page 64 January 4, 2010
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Council Member Harris
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Director Marengo
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Mayor Torliatt
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Director Marengo
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Mayor Torliatt
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Terry Bowen, Bowen and Associates
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Mayor Torliatt
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Council Member Harris
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Director Marengo
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Vice Mayor Glass
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Director Marengo
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Mayor Torliatt
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Council Member Healy
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Director Marengo
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Council Member Healy
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City Attorney Danly
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Assistant City Attorney Leslie Thomsen
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Council Member Healy
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Assistant City Attorney Thomsen
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Council Member Barrett
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Assistant City Attorney Thomsen
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Council Member Rabbitt
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Director Marengo
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Council Member Rabbitt
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Brian Krcelic, Jacobs Engineering
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Council Member Harris
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Mr. Krcelic
Public Comment on Item 3.A
Dave Libchitz, Petaluma, spoke about supporting the City coming up with a plan
for a cross-town connector.
Mayor Torliatt
Motion: Approve A. Resolution 2010-009 N.C.S. Authorizing
Project (independent Element 1).; Proceeding with a Project Study Report for the
Rainier Avenue Cross Town Connector, Which Includes an Undercrossing on US
101 for the Extension of Rainier Avenue (Independent Element 2); Continue to
Pursue Approval of the Project Study Report for the Rainier Avenue Cross Town
Connector Project; Proceeding with the Environmental Document Preparation
(Independent Element 2); and Consenting to the Expenditure of Tax Increment
Funds for the Rainier Cross -Town Connector Project C00501204, and Adopting
Findings Required by Health and Safety Code Section 33445 and Petaluma
Community Development Commission Resolution 2010-01 Adopting Findings
Required by Health and Safety Code Section 33445 and Authorizing the
Expenditure of Tax Increment Funds for the Rainier Cross -Town Connector Project,
C00501204, as amended.
Moved by David Glass, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Renee;
Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Council Member Healy
Council Member Harris
Council Member Rabbitt
Mayor Torliatt
Item 5.A was heard next:
5. PUBLIC HEARING
A. Public Hearing to Approve/Deny the Design Review and Vesting Tentative Map
and Certify the Final Environmental Impact Report for the Proposed East
Washington Place Mixed -Use Development, Located at East Washington Street
and Highway 101; APNs 007-031-001, 007-241-002, 007-251-001, 007-473-040.
(Bradley/Farmer)
Vol. 45 Page 66 January 4, 2010
Contract Senior Planner Derek Farmer
City Attorney Danly
Mr. Former
Council Member Harris
Mr. Farmer
Council Member Rabbitt
Mr. Farmer
Council Member Rabbitt
Council Member Healy
Mr. Farmer
Council Member Healy
Mayor Torliatt
City Attorney Danly
Council Member Barrett
Mr. Farmer
Council Member Rabbitt
Vice Mayor Glass
Council Member Rabbitt
Council Member Ren6e
Mr. Farmer
Steve Simmons, Utility Manager, Utility Operations and Maintenance, Water
Resources and Conservation Department
Council Member Ren6e
Mayor Torliatt
Curt Bates, City Engineer, Public Works Department
Mayor Torliatt
Mr. Bates
Council Member Ren6e
Mayor Torliatt
Vice Mayor Glass
Pete Knoedler, Regency Centers
David Janes, Architect
Council Member Harris
Geoff Bradley, Contract Planning Manager
Council Member Harris
Mr. Former
Council Member Harris
Frank Penry, Traffic Engineer Consultant
Council Member Barrett
Mr. Penry
Council Member Barrett
Council Member Harris
Mr. Knoedler
Council Member Harris
Mr. Knoedler
Council Member Ren6e
Mr. Knoedler
Council Member Healy
Council Member Ren6e
Mr. Knoedler
Council Member Ren6e
Mr. Bradley
Vol. 45 Page 68 January 4, 2010
1 Public Comment on 5.A
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3 Jeff Mayne, Petaluma Downtown Association, Petaluma, spoke about the
4 definition of "urban blight" and a "demolition ordinance." He further stated that,
5 "Vacancies in the downtown should not be used as pawns in an effort to justify
6 delay or fail to support other shopping districts."
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Carl Patrick, Impact!, Petaluma, stated that his group has about 15 people here
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tonight and asked the Council to not approve tentative map for this project.
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project. She stated that because Target and other proposed tenants refused to
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Bob Haroche, Beyers Costin, Santa Rosa, stated that he is opposed to the project
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conditionally. His opposition depends on what exactly this project is; if a
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Friedman's is included in the project, then the EIR and the FEIA are inadequate.
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Kristin Schenone, Morgan Miller Blair, Walnut Creek, stated that she is an attorney
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representing Syers Properties, the owner of the Plaza North Shopping Center. She
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expressed concerns with the project and environmental documents.
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Mayor Torliatt
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Charlie Abrams, Principal, Abrams Associates Traffic Engineers, Inc., Walnut
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Creek, stated that he is a traffic engineer representing Plaza North Shopping
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Center. He stated that the EIR is "woefully inadequate."
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Judy Hillary, Petaluma, stated that has attended or watched several Planning
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Commission meetings where they talked about traffic, bike lanes, bike parking
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and parking lot that they felt was too big. She asked how many people would
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actually do their shopping at Target on bicycle and said "Let's be real: People
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use their cars."
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Eileen Morris, Member of the Living Wage Coalition, Petaluma, recommended a
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book called "The Working Poor, Invisible in America" by David Shipler. In addition,
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she stated that this project does not conform to Chapter 9 of General Plan.
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Marty Bennett, Co -Chair, Living Wage Coalition of Sonoma County,
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Sonoma, stated that the new General Plan is consistent with Petaluma's history
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and the origins of the slow growth or smart growth movement in California. He
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discussed issues regarding wages, mass transit and housing and did not support
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the project.
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Ben Boyce, Living Wage Coalition, Sonoma, suggested alternatives to Target. He
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said that Costco had a track -record of providing living wage jobs for people in
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the retail sector.
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Cindy Thomas, Petaluma Representative to Living Wage Coalition Coordinating
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Committee, Petaluma, spoke regarding "hidden public sector costs" of this
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project. She stated that because Target and other proposed tenants refused to
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provide the city with their wage and benefit data, they must rely on research
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data.
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1 Scot Stegenman'Sebastopol, recommended against certifyingthe E|R prior10
2 project approval. Hediscussed transit, bus depot and the SMART site, and in
3 addition, hodiscussed mitigations and conditions ofapproval inthe BR.
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Zen Destiny, Petaluma, stated that, "We one in purgatory in the middle of
constant -shifting maze." Heobjected tothe misuse ofthe BRand General Plan
as passive aggressive obstructionism in an attempt to bully people into politically
correct shopping.
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Connie Madden, Petaluma, said that she is still not convinced that the majority of
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people inPetaluma want oTarget. She did not speak insupport ofthe project.
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Dale Axelrod, Petaluma, encouraged individuals to read the General Plan, if they
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have not already done sobecause it isovision ofwhat the City will look like.
IS
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Nassar Assad, |mnpoc#' Petaluma, stated that he used to live in San Diego, which
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is the "capital of sprawl and "corporate strip malls" and said Petaluma is "better
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than that." Hmstated that heisopposed tothe project.
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Manuel Mendes, Petaluma, stated that he is not necessarily for Target, but
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for more shopping options in Petaluma.
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88on|z Franco, Petaluma, stated that with the traffic created with this project, it
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would befaster and more convenient toshop inNovato orRohnertPark.
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Paul Francis, Petaluma Neighborhood Association, Petaluma, stated that he lives
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four blocks from the project site. He said that the BRdoes not adequately
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address the potential negative impacts oproject ofthis scale would have onthe
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neighborhoods and surrounding areas. Healso stated that the project doesnot
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comply with the mixed use zoning and the objectives inthe General Plan.
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David Keller, Petaluma River Council and Sonoma County Conservation Action,
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Petaluma, urged the Council not to approve the EIR, not to certify the EIR and not
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approve the vesting tentative map for the project.
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Mark Kemmerer, Petaluma, stated that heis not part ofon interest group, but
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here unhis own behalf. Hestated that the project isnu1perfeotondnevorviU
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be; nomatter what you do, someone will complain. Hefurther stated that the
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retail leakage needs tostop and this project wiUhe|pgetusihero.
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April Hurley, M.D., Petaluma, said that she works with individuals who are in
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foreclosure because ofthe status quo. She isinthe "trennhes"where people are
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uninsured because corporate insurers and corporate pharmaceutical companies
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and companies like Target have made ituntenable |obepoor and |obe
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uninsured. She said that ifone "goes with the status quo, you're going foget
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more ofthe sorne."
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88eOsmo Abercrombie, peto|unno' said that she thinks i1isimportant that buildings
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are made tobobroken upfrom ogiant footprint into something smaller. She
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agreed with othree-year vacancy bond. She also had concerns about the
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location ofthe project ondwhoitvvou|d draw tnthe area.
Vol. 45 Page 70 January 4, 2010
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Troy Sanderson, Petaluma National Little League, Petaluma, stated that as he
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looked at the tentative map, condition number 16 on Exhibit C he had concerns.
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He stated that he met with Regency over his concerns and they were able to
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work out a condition that they both found completely acceptable.
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Matt Maguire, Petaluma, discussed comments that he had made at the Planning
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Commission that did not make it in the staff report to the Council, such as hybrid
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vehicles, solar tubes and other conditions. He stated that the EIR is inadequate as
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it deals with the Old East 'D' Street neighborhood.
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Mayor Torliatt
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Mr. Knoedler
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Council Member Healy
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Vice Mayor Glass
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Council Member Harris
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Council Member Ren6e
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Council Member Rabbitt
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Motion: continue the meeting past 11 p.m., as required by Council's Rules,
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Policies, and Regulations.
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Moved by David Rabbitt, seconded by David Glass.
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Vote: Motion carried 7-0.
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Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
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Tiffany Ren6e; Pamela Torliatt
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No: None
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Abstain: None
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Absent: None
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Council Member Rabbitt
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Council Member Barrett
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Vice Mayor Glass
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Mayor Torliatt
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Council Member Healy
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Motion: move the first item of the three that we were asked to do tonight: I'll
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make a motion to adopt the resolution certifying the final EIR in the form
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attached as Attachment A to our staff report.
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Moved by Mike Healy, seconded by Mike Harris.
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Motion: I will make an amended motion, which is covered in our rules and the
amended motion would be to continue this item to the next regularly scheduled
Council Meeting, with the direction that staff coordinate with the Planning
Commission and if they can get it before the Planning Commission between now
and then, great; but I'll make that amended motion to continue the item to the
next regularly scheduled Council Meeting.
Moved by David Glass, seconded by Teresa Barrett.
Council Member Healy
Vice Mayor Glass
City Attorney Danly
Council Member Rabbitt
City Attorney Danly
Vice Mayor Glass
Mayor Torliatt
City Attorney Danly
Council Member Rabbitt
City Attorney Danly
Mayor Torliatt
Vice Mayor Glass
City Attorney Danly
Vote: Motion carried 4-3
Yes:
Teresa Barrett; David Glass; Tiffany Renee; Pamela Torliatt
No:
Mike Harris; Mike Healy; David Rabbitt
Abstain:
None
Absent:
None
Mayor Torliatt
City Attorney Danly
Vice Mayor Glass
Mayor Torliatt
Vice Mayor Glass
Vol. 45 Page 72
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City Manager Brown
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Mr. Bradley
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Vice Mayor Glass
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Mayor Torliatt
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City Attorney Danly
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City Attorney Danly
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Council Member Healy
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Vice Mayor Glass
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Mayor Torliatt
January 4, 2010
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Vice Mayor Glass
Mayor Torliatt
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Vice Mayor Glass
Mayor Torliatt
Council Member Renee
Mayor Torliatt
ADJOURN
Motion: Adjourn the meeting.
Moved by Teresa Barrett, seconded by David Glass.
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt; Tiffany Ren6e;
Pamela Torliatt
No: None
Abstain: None
Absent: None
The meeting was adjourned at 12:49 a.m., Tuesday, January 5, 2010, in memory of Linda
Gonzalez, Petaluma, Co -Owner of Gallery One.
/S/
Pamela Torliatt, Mayor
Vol. 45 Page 74
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ATTEST:
/S/
Claire Cooper, CMC, City Clerk
January 4, 2010