Loading...
HomeMy WebLinkAboutCity Council/PCDC Minutes 01/25/20101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 R L U City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION Y85a City Council/PCDC Minutes Monday, January 25, 2010 Regular Meeting MONDAY, JANUARY 25, 2010 CLOSED SESSION - 4:30 P.M. CALL TO ORDER - CLOSED SESSION - 4:30 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 - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: Regency Centers Corporation v. City of Petaluma, Sonoma Superior Court No. SCV 246634. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: John W. Rittenhouse, 111, Kathleen C. Miller, and Spence F. Burton v. Petaluma City Council, City of Petaluma and Does 1 through 100, inclusive, Sonoma Superior Court No. SCV 245604. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: Sandalwood Estates, LLC v. City of Petaluma, and Does 1 through 20, inclusive, Sonoma Superior Court No. SCV 244110. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of §54956.9: 1 potential case. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: 1 potential case. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ADJOURN TO CLOSED SESSION MONDAY, JANUARY 25, 2010 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7:00 P.M. A. Roll Call Vol. 45 Page 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 25, 2010 Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt; Tiffany Renee; Pamela Torliatt Absent: None B. Pledge of Allegiance Jason Davies, Petaluma C. Moment of Silence Mayor Torliatt asked that the meeting be adjourned in memory of Richard Anthony Clarey and Donald P. Lombardi. AGENDA CHANGES AND DELETIONS - Changes to Current Agenda Only None. PROCLAMATION Proclamation in Memory of Mike Shutt, Petaluma Municipal Airport Consultant Mayor Torliatt Scott Van Gompel, Mead & Hunt Deborah Bezona, widow of the late Mr. Shutt Tom McGaw, Petaluma, Chair, Airport Commission REPORT OUT OF CLOSED SESSION (Actions Taken) None. PUBLIC COMMENT Jim Becker, Petaluma, spoke in support of economic growth and positive development in the community. He stated that the prior proposed project for the Silk Mill ended in disaster with the investors losing a great deal of money. Wayne Clark, Petaluma, stated that he spoke at the Sonoma County of Board of Supervisors meeting last week and talked about Dutra. He said that the Sonoma County Alliance is the "Party of 'No"' in Sonoma County. Richard Brawn, Petaluma, wants to help the City with some massive changes coming down the road. Michael Aparicio, EmpireReport.org, Santa Rosa, announced a community forum on February 3rd at the Santa Rosa City Council Chambers from 7 p.m. to 9 p.m. The discussion topic is, "How Can New Media Empower Community for 2010?" Katherine Bobrowski, Petaluma, provided more pictures of violations in her mobile home park. 1 Bryant Moynihan, Petaluma, stated that he was elected to City Council in 2000 and had a "rude 2 awakening" at his first Closed Session. He discovered that he was a member of a Council that 3 was politically divided, dysfunctional, highly emotional and extremely litigious. During that time 4 he was provided with a litigation report. He encouraged the current Council to work with staff to 5 come up with a litigation report and evaluate the report in Closed Session and work together to 6 lower the costs. Zen Destiny, Petaluma, stated that he rejects the "Culture of Fear." 10 Jerry Price, Petaluma, stated that whenever there is development, there are impacts, and 11 someone has to pay for them. He said that we need to go forward on the project at the former 12 site of Kenilworth Jr. High and hopes the Council can come together, work with developers, and 13 come up with something suitable. 14 15 JoAnn Ritko Pozzi, Petaluma Valley Rotary, Petaluma, mentioned that members of Rotary had 16 been invited to participate in the E -Waste event. Last year they elected do donate the funds to 17 Polio Plus, this year they raised money for Haitian relief from the generous citizens in the 18 community. 19 20 Bill Donahue, Sandalwood Home Owners Association, Petaluma, said that the Council earlier 21 spoke in Closed Session about Sandalwood Estates and the latest lawsuit against the city. The 22 operator of Sandalwood Estates is looking to overturn an arbitration that was finalized in 2008 23 and is following up on a second lawsuit. He thanked the Council for standing by the mobile 24 home owners in Petaluma. 25 26 Matt Maguire, Petaluma, stated that he had to stand up because when Bryant Moynihan says 27 something he agrees with, it's to be noted. He discussed the Silk Mill project and explained why 28 it did not initially succeed. 29 30 Marie McCusker, Petaluma Downtown Association, Petaluma, spoke regarding the Butter and 31 Eggs Day Parade, which will be held on Saturday, April 24, 2010. The theme is "Petaluma's Shining 32 Moments." The Antique Faire will take place the next day, Sunday, April 25, 2010. 33 34 Dale Axelrod, Petaluma, stated that the Supreme Court's recent decision gives entities such as 35 Target, Regency and Dutra unlimited power to fund campaigns. He believes that Petaluma's 36 campaign finance ordinance needs to be revisited. 37 38 COUNCIL COMMENT 39 40 Vice Mayor Glass 41 42 City Attorney Danly 43 44 Vice Mayor Glass 45 46 Council Member Rabbitt 47 48 Mayor Torliatt 49 50 CITY MANAGER COMMENT 51 52 None. Vol. 45 Page 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 APPOINTMENTS January 25, 2010 Resolution 2010-010 N.C.S. Approving Council Liaison Appointments: • Airport Commission • Planning Commission • Recreation, Music, & Parks Commission • Animal Services Advisory Committee • Pedestrian and Bicycle Advisory Committee • Technology & Telecommunications Advisory Committee • Transit Advisory Committee • Transient Occupancy Tax Subcommittee (TOT) - 3 representatives • Climate Protection Committee • Disaster Council • Health Action Council • Legislative Subcommittee of Mayors' and Councilmembers' Association • Marin/Sonoma Narrows Advisory Group (PAG) - 3 representatives: Mayor is automatic; others must serve on SCTA • Petaluma River Authority Ad Hoc Committee • Sonoma County Library Commission/ Library Advisory Board • Sonoma County Transportation Authority (SCTA) • Sonoma County Transportation Authority (SCTA) Alternative • Sonoma County Water Agency Water Advisory Committee (WAC) • Sonoma County Water Agency Zone 2A Advisory Committee • Sonoma County Solid Waste Divestiture Project • Sonoma County Solid Waste Divestiture Program - Alternate • Visitors' Program Advisory Committee Motion: Approve Resolution 2010-010 N.C.S. Approving Council Liaison Appointments: Airport Commission Planning Commission Recreation, Music, and Parks Commission Animal Services Advisory Committee Disaster Council Pedestrian and Bicycle Advisory Committee Technology and Telecommunications Advisory Committee Transit Advisory Committee Transient Occupancy Tax Subcommittee (TOT) Climate Protection Committee 2010 Representative Council Liaison David Rabbitt Council Liaison Teresa Barrett Council Liaison Mike Healy Council Liaison David Rabbitt Mayor (by Charter) Pamela Torliatt Council Liaison Tiffany Renee Council Liaison Mike Harris Council Liaison Mike Harris Teresa Barrett Council Subcommittee David Rabbitt Tiffany Renee Council Representative Tiffany Renee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2010 Representative Health Action Council Council Representative David Rabbitt Legislative Subcommittee of Mayors' and Council Representative Mike Healy Councilmembers' Association Sonoma County Solid Waste Divestiture Project Council Representative Tiffany Renee Visitors' Program Advisory Committee Council Liaison Tiffany Renee Moved by David Glass, seconded by Mike Harris. Vote: Motion carried 7-0. Yes: Mayor Pamela Torliatt Marin/Sonoma Narrows Advisory Group (PAG) SCTA Representative David Glass Abstain: SCTA Representative (Alt) Tiffany Renee Petaluma River Authority Ad Hoc Committee Council Liaison Mike Harris Sonoma County Library Commission/ Council Liaison David Glass Library Advisory Board Sonoma County Transportation Authority (SCTA) Council Representative David Glass Sonoma County Transportation Authority (SCTA) Council Representative Tiffany Renee Alternate Sonoma County Water Agency (SCWA) Council Representative Pamela Torliatt Water Advisory Committee (WAC) Sonoma County Water Agency (SCWA) Council Representative Teresa Barrett Zone 2A Advisory Committee Sonoma County Solid Waste Divestiture Project Council Representative Pamela Torliatt Alternate Sonoma County Solid Waste Divestiture Project Council Representative Tiffany Renee Visitors' Program Advisory Committee Council Liaison Tiffany Renee Moved by David Glass, 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 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, December 21, 2009. Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of Monday, December 21, 2009, as presented. Moved by Teresa Barrett, seconded by David Glass. Vote: Motion carried 7-0. Vol. 45 Page 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 25, 2010 Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt; Tiffany Renee; Pamela Torliatt No: None Abstain: None Absent: None 2. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of Monday, February 1, 2010. Motion: Approve A. Proposed Agenda for Regular City Council/PCDC Meeting of Monday, February 1, 2010, as presented. Moved by Teresa Barrett, seconded by Tiffany Renee. Council Member Harris City Manager Brown Mayor Torliatt City Attorney Danly Motion: Amend the motion to approve A. Proposed Agenda for Regular City Council/PCDC Meeting of Monday, February 1, 2010, to move the items amending the contracts for the City Clerk and City Manager, and the Sunnyslope item, to the February 22, 2010 meeting. Moved by Teresa Barrett, seconded by Tiffany Renee. 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 3. NEW BUSINESS A. A Presentation of the Condition of the City and State Roadway Systems and Resolution 2010-011 N.C.S. Supporting the Findings of the California Statewide Local Streets and Roads Needs Assessment. (Marengo/Zimmer) Larry Zimmer, Capital Improvements Engineering Manager, Public Works Council Members Renee Mr. Zimmer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 P Council Members Renee Council Member Healy Mr. Zimmer Council Member Healy Mr. Zimmer Public Comment on Item 3.A Richard Brawn, Petaluma, complimented Mr. Zimmer's presentation. He said there are lots of political issues here as people are starting to realize that what our government was promising is not affordable. Additionally, he believes people have turned over too much of their personal responsibility to the government Bryant Moynihan, Petaluma, said that Petaluma has the worst streets in the entire Bay Area, and possibly the state. "How did we get here? The funding of street maintenance was cut." Motion: Approve A. Resolution 2010-011 N.C.S. Supporting the Findings of the California Statewide Local Streets and Roads Needs Assessment. Moved by Tiffany Renee, seconded by David Glass. Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt; Tiffany Renee; Pamela Torliatt No: None Abstain: None Absent: None Resolution 2010-012 N.C.S. to Restore Funding for a Full -Time Accounting Assistant II to Handle Business Licenses and Accounts Receivables for the City and to Eliminate Two Part-Time/Temporary Positions. (Sato) Mayor Torliatt Motion: Approve B. Resolution 2010-012 N.C.S. to Restore Funding for a Full -Time Accounting Assistant 11 to Handle Business Licenses and Accounts Receivables for the City and to Eliminate Two Part-Time/Temporary Positions. Moved by David Glass, seconded by Tiffany Renee. Vote: Motion carried 7-0. Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt; Tiffany Renee; Pamela Torliatt No: None Abstain: None Vol. 45 Page 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 25, 2010 Absent: None C. Downtown Petaluma Business Improvement District (DPBID): Resolution 2010-013 N.C.S. Approving the 2010 Downtown Petaluma Business Improvement District Annual Report and Related Budget; Declaring the Intention to Levy the 2010 Annual Assessment for the District: and Setting a Public Hearing on the Proposed 2010 Annual Assessment. (Sato) Council Members Renee and Healy recused themselves for Item 3.0 and left the dais. Mayor Torliatt opened the PUBLIC HEARING. Seeing no one else wishing to speak Mayor Torliatt closed the PUBLIC HEARING. Motion: Approve C. Resolution 2010-013 N.C.S. Approving the 2010 Downtown Petaluma Business Improvement District Annual Report and Related Budget; Declaring the Intention to Levy the 2010 Annual Assessment for the District: and Setting a Public Hearing on the Proposed 2010 Annual Assessment. Moved by David Glass, seconded by Teresa Barrett. Vote: Motion carried 5-0. Yes: Teresa Barrett; David Glass; Mike Harris; David Rabbitt; Pamela Torliatt No: None Abstain: Mike Healy; Tiffany Renee Absent: None Council Members Renee and Healy returned to dais. Item 4.11 was heard next: 4. PUBLIC HEARINGS B. Resolution Certifying a Final Environmental Impact Report; Resolution Making Findings and Adopting a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and Resolution Approving a Vesting Tentative Map, for the Proposed East Washington Place Project, located at East Washington Street and Highway 101; APNs 007-031-001, 007-241-002, 007-251- 001, 007-473-040. (Bradley/Farmer) - Continued from the January 4, 2010 City Council Meeting. - Memo added Thursday, January 21, 2010. Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly 1 Mayor Torliatt 2 3 City Attorney Danly 4 5 Mayor Torliatt Council Member Healy 9 Judy Davidoff, Sheppard Mullin Richter & Hampton LLP, Attorneys at Law, San 10 Francisco, told Council that Regency believes that to "act on the item would be 11 the cure." 12 13 City Attorney Danly 14 15 Council Member Healy 16 17 Council Member Barrett 18 19 Public Comment on Item 4.11 20 21 Shawn Lile, Owner of Peterson's Paints, Petaluma, spoke in support of approving 22 the project. He said he was tired of spending money outside of this town and 23 having his wife spend money outside of this town. Further he stated "Let's take 24 the money and support our own schools." 25 26 Danielle Couch, Petaluma, showed receipts from Target and Lowe's and said that 27 her tax dollars are not staying in Petaluma; they are going to Cotati and Rohnert 28 Park. 29 30 Judy Hillery, Petaluma, wants the project to move forward. She said that she 31 didn't believe that other businesses in town were mandated to pay a vacancy 32 tax when they leave town. She wondered if this is something that will be 33 mandated on all new businesses moving forward. 34 35 Jason Davies, Berkley Integrated Audio Software, Petaluma, stated that he is a 36 small business person and is in favor of economic vitality. He said that he was 37 leaning towards supporting the project until Regency filed the lawsuit. He urged 38 mediation between the City and the applicant. 39 40 Randy Scott, Owner of Big O Tires, Petaluma, stated that he thought the Council 41 has done a very poor job. Due to the lack of leadership and retail development 42 it is now impossible to buy lumber and building materials and residents are forced 43 to travel to north to buy products and obtain other goods and services which is a 44 tremendous waste of time and gasoline. 45 46 Les Villanyi, President of the Petaluma Area Chamber of Commerce, Petaluma, 47 stated that as a citizen he is really disappointed with what has gone on regarding 48 this project. As President of the Chamber he talks to business owners and he hears 49 "Where is the business; not enough people; what's going on; what is the 50 motivation of the Council?" He urged and encouraged the Council to "Get this 51 thing going." 52 Vol. 45 Page 86 January 25, 2010 1 Zen Destiny, Petaluma, stated that he does not think Brown Act violation has 2 merit, but thinks other aspects of their suit do contain merit. He objected to the 3 City determining who the tenants should be as he considered it an 4 "unconstitutional seizure." He asked the Council to expedite the process. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Marilyn Muir, Petaluma, stated that she is a resident who moved here about five years ago from Sonoma. She said "They will rebuild Haiti before we have a Target at the rate we are going." Dwight Suaioka, Petaluma, he said that he remembered when Food 4 Less wanted to come here, but the City wouldn't let them. He thought the same went for Target. Manuel Mendes, Petaluma, wanted the Council to more forward and make a decision either for or against. Troy Sanderson, Petaluma, wanted to make a correction. He said that he continues to hear, "This is the first time we've had a chance to talk about this project." He continued, "The correct and fair thing to say is this is the first time we've had the opportunity to make a decision about the project." Michael Aparicio, EmpireReport.org, Santa Rosa, said that one thing he has learned is that the process can be complicated. He said that "we should have a project that balances all the concerns." Wayne Leach, Petaluma, said would like to see the project go ahead and not necessarily have the item continued. However, if it is continued, he was hopeful that it will be dealt with it swiftly at that time. Matt Maguire, Petaluma, stated that this project is a "for profit" venture and the gentlemen who represent the corporation want to push their risks off on the community: Things such as air pollution, noise pollution and traffic impacts. Paul Francis, Petaluma Neighborhood Association, Petaluma, stated that they are not against development. However, he said "This is not about shopping options; this is about good planning." Roger Nelson, Petaluma, thought Mayor Torliatt said public comment was to focus on motion. He encouraged the Council to hear the item tonight. Monica Soiland, Midstate Construction, Petaluma, she said that this is a business endeavor and Regency has been trying to five years to make the relationship work. She asked that the item be heard. City Attorney Danly Council Member Harris Council Member Ren6e Council Member Healy 1 Council Member Harris 2 3 Council Member Rabbitt 4 5 Vice Mayor Glass Council Member Barrett 9 Mayor Torliatt 10 11 Motion: to Continue to February 8, 2010 at 6:00 p.m. the PUBLIC HEARING on a 12 Resolution Certifying a Final Environmental Impact Report; Resolution Making 13 Findings and Adopting a Mitigation Monitoring and Reporting Program and 14 Statement of Overriding Considerations; and Resolution Approving a Vesting 15 Tentative Map, for the Proposed East Washington Place Project, located at East 16 Washington Street and Highway 101; APNs 007-031-001, 007-241-002, 007-251- 17 001, 007-473-040, continued from the January 4, 2010 City Council Meeting, and 18 in response to the notice and demand to cure and correct an alleged violation 19 of the Ralph M. Brown Act filed with the City on January 14, 2010 by Arthur J. 20 Friedman on behalf of the Regency Centers Corporation. The continuance is to 21 cure and correct the alleged violation in accordance with Section 54960.1(c)(2) 22 of the Ralph M. Brown Act. 23 24 Moved by Teresa Barrett, seconded by David Glass. 25 26 Vote: Motion carried 4-3. 27 28 Yes: Teresa Barrett; David Glass; Tiffany Renee; Pamela Torliatt 29 No: Mike Harris; Mike Healy; David Rabbitt 30 Abstain: None 31 Absent: None 32 33 A. City of Petaluma, Annexation of the "Hill" Property: Proposal for Annexation of 34 74.9 Acres Adjacent to the City's Recently Constructed Ellis Creek Water 35 Recycling Facility. Resolution 2010-014 N.C.S. Finding for a Class 8 Categorical 36 Exemption to the California Environmental Quality Act; Resolution 2010-015 N.C.S. 37 Approving General Plan Amendment to Designate the Parcel as Open Space; 38 Introduce Ordinance 2364 N.C.S. Prezoning of the Parcel to P.C.D. (Planned 39 Community District Consistent with the Adjacent Water Recycling Facility and 40 Public Ownership) with a Floodplain Overlay with an Amendment to the Adopted 41 PCD to Include the Open Space Reference to Said Parcel; and Resolution 2010- 42 016 N.C.S. Authorizing Submission of an Application to LAFCO Requesting 43 Annexation (Including Amending of the City Sphere of Influence) of the Parcel to 44 the City of Petaluma, Including Detachment from County Service Area No. 40 45 (Fire Services) and County Service Area No. 41 (Multiple Services). 46 (Ban/Scherzinger/Tuft) 47 48 Mayor Torliatt 49 50 Council Member Rabbitt 51 Vol. 45 Page 88 January 25, 2010 1 Pamela Tuft, Special Projects Manager, Water Resources and Conservation 2 Department 3 4 Mayor Torliatt Mayor Torliatt opened the PUBLIC HEARING. 8 Bryant Moynihan, Petaluma, thinks this is not necessary as the property is only 9 accessible by boat. He thinks this is an attempt to move the Urban Growth 10 Boundary. He further stated that using ratepayer money to maintain parks and 11 storm drains is illegal. 12 Community District Consistent with the Adjacent Water Recycling Facility and 13 Seeing no one else wishing to speak Mayor Torliatt closed the PUBLIC HEARING. 14 PCD to Include the Open Space Reference to Said Parcel; and Resolution 2010- 15 City Attorney Danly 16 Annexation (Including Amending of the City Sphere of Influence) of the Parcel to 17 Ms. Tuft 18 (Fire Services) and County Service Area No. 41 (Multiple Services), with ordinance 19 City Attorney Danly 20 lost bullet: The 75 acres, separated from the remainder of the property by the 21 Ms. Tuft 22 as habitat with no public access expected to occur the potential for public 23 City Attorney Danly 24 amendment. 25 Council Member Healy 26 Moved by David Glass, seconded by Mike Healy 27 City Attorney Danly 28 29 Mayor Torliatt 30 31 Vice Mayor Glass 32 33 Motion: Approve A. Resolution 2010-014 N.C.S. Finding for a Class 8 Categorical 34 Exemption to the California Environmental Quality Act; Resolution 2010-015 N.C.S. 35 Approving General Plan Amendment to Designate the Parcel as Open Space; 36 Introduce Ordinance 2364 N.C.S. Prezoning of the Parcel to P.C.D. (Planned 37 Community District Consistent with the Adjacent Water Recycling Facility and 38 Public Ownership) with a Floodplain Overlay with an Amendment to the Adopted 39 PCD to Include the Open Space Reference to Said Parcel; and Resolution 2010- 40 016 N.C.S. Authorizing Submission of an Application to LAFCO Requesting 41 Annexation (Including Amending of the City Sphere of Influence) of the Parcel to 42 the City of Petaluma, Including Detachment from County Service Area No. 40 43 (Fire Services) and County Service Area No. 41 (Multiple Services), with ordinance 44 amended under 3.B to read: "Section 9. Site Plan shall be amended to add to the 45 lost bullet: The 75 acres, separated from the remainder of the property by the 46 remnant riverbed, and purchased by the City in August 2004, shall be preserved 47 as habitat with no public access expected to occur the potential for public 48 access." Exhibit A to the Ordinance, PCD Standards, to contain the some 49 amendment. 50 51 Moved by David Glass, seconded by Mike Healy 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 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 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 Renee; Pamela Torliatt No: None Abstain: None Absent: None The meeting was adjourned at 9:45 p.m. in memory of Richard Anthony Clarey and Donald P. Lombardi. ATTEST: /S/ Claire Cooper, CMC, City Clerk /S/ Pamela Torliatt, Mayor