HomeMy WebLinkAboutCity Council/PCDC Minutes 03/02/20101
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R L U City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
Y85a
City Council/PCDC Minutes
Monday, March 1, 2010
Regular Meeting
MONDAY, MARCH 1, 2010
CLOSED SESSION - 6:00 P.M.
CALL TO ORDER - CLOSED SESSION - 6:00 P.M.
A. Roll Call
Present: Teresa Barrett; David Glass; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
Absent: Mike Harris
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
Code §54956.9: BCC Property Holdings, Inc. v. City of Petaluma, Sonoma Superior Court No. SCV
246196.
• 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: EI Rose/Hayes Lane Coalition v. City of Petaluma, Sonoma Superior Court No. SCV
244939.
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to
subdivision (c) of California Government Code §54956.9: 1 potential case.
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
pursuant to subdivision (b) of §54956.9: 1 potential case
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
ADJOURN TO CLOSED SESSION
MONDAY, MARCH 1, 2010
EVENING SESSION - 7:00 P.M.
CALL TO ORDER - EVENING SESSION - 7:00 P.M.
A. Roll Call
Vol. 45 Page 132
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March 1, 2010
Present: Teresa Barrett; David Glass; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
Absent: Mike Harris
B. Pledge of Allegiance
Boy Scouts attending the meeting.
C. Moment of Silence
AGENDA CHANGES AND DELETIONS - Changes to current agenda only.
Mayor Torliatt announced that CONSENT CALENDAR Item 2.13 would be removed from the
CONSENT CALENDAR and heard before Item 3.A; Item 2.1 had been removed from the CONSENT
CALENDAR because the event had been cancelled.
Council Member Healy asked to continue NEW BUSINESS Item 4.0 to the March 15, 2010 City
Council Meeting.
PROCLAMATION
• Petaluma Wetlands Day- March 1, 2010
Mayor Torliatt
Bob Dyer, Petaluma, Docent, Shollenberger Park
Joan Cooper, Friends of Shollenberger, Petaluma
PRESENTATION
Report Regarding the 2008-09 Annual Audit of the City's Financial Statements. (Sato)
Sandra Sato, Interim Finance Director
Mayor Torliatt
LaVonne Slaton-Amey, Finance and Accounting Manager
Interim Director Sato
Ken H. Pun, Caporicci and Lawson, Certified Public Accountants
Mayor Torliatt
Public Comment on Presentation
Bryant Moynihan, Petaluma, said that he encouraged all to pay attention in CAFR to
unfunded liabilities. He questioned how the City will deal in the long haul with liabilities
caused by compensation and retirement.
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Mayor Torliatt
Vice Mayor Glass
Mr. Pun
Vice Mayor Glass
Interim Director Sato
Vice Mayor Glass
Interim Director Sato
Vice Mayor Glass
Mayor Torliatt
Interim Director Sato
REPORT OUT OF CLOSED SESSION - Actions Taken
None.
PUBLIC COMMENT
Richard Brawn, Petaluma, talked about unpaid debt by borrowing from road repair. He spoke
about the cumulative cost of not keeping up road maintenance. How many years until the
annual road damage equals the entire revenue taken in by the City in that year?
Esperanza Morales, Citizenship Class from Petaluma Adult School, Petaluma, said that the class
comes every semester to see the City government in action. They all look forward to becoming
citizens.
Katherine Bobrowski, Petaluma, said that someone else in the mobile home park has been
victimized by individuals vandalizing.
Zen Destiny, Petaluma, said that California needs a constitutional convention. He thanked
Mayor Torliatt for voting to move the East Washington Place Project forward. He also thanked
Council Members Harris, Rabbitt, and Healy for understanding the practical necessity of moving
the project forward.
Wayne Clark, Petaluma, spoke about various ways he supported the Butter and Egg Day Parade
fundraisers in town.
Maureen Rudder, Petaluma City Schools, Petaluma, said she would like to support the City
Council's consideration of eliminating garbage fees for the school districts in Petaluma.
Greta Viguie, Petaluma City Schools, Petaluma, spoke in support of the proposal to provide
garbage service free of charge to the school district.
Vol. 45 Page 134
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March 1, 2010
Ted Russo, Petaluma Federation of Teachers, Rohnert Park, said that he was raised in Petaluma
and lived here for 34 years before moving. He represents teachers and spoke in support of the
proposal to provide free garbage collection to the Petaluma school districts.
Bryant Moynihan, Petalumans for Fair Utility Rates, Petaluma, said that Petaluma is a very unique
place; we have positives and unfortunately some negatives. He claimed that Petaluma charges
wastewater ratepayers to pay for storm drain and park maintenance and no other city does
that.
COUNCIL COMMENT
Vice Mayor Glass
Public Works Director Vince Marengo
Vice Mayor Glass
Director Marengo
Council Member Barrett
Council Member Healy
Council Member Rabbitt
Mayor Torliatt
CITY MANAGER COMMENT
None.
1. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, March 15, 2010.
Mayor Torliatt asked to add the Sonoma County Water Agency (SCWA) proposed
budget for the next fiscal year and the Capital Improvements Plan (CIP) Update,
to the March 15, 2010 agenda.
Council Member Healy asked to move Item 4.C, Modify Garbage Franchise with
PR&RI, from tonight's meeting to the March 15, 2010 agenda.
Mayor Torliatt
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, March 15, 2010, amended to add the Sonoma County Water Agency
(SCWA) proposed budget for the next fiscal year, the Capital Improvements Plan
(CIP) Update, and from tonight's agenda, Item 4.C, Modify Garbage Franchise
with PR&RI.
Moved by David Glass, seconded by Teresa Barrett.
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Vote: Motion carried 6-0.
Yes: Teresa Barrett; David Glass; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
City Manager Brown
Mayor Torliaft
Vice Mayor Glass
2. CONSENT CALENDAR
A. Resolution 2010-024 N.C.S. Accepting Claims and Bills for January 2010. (Sato)
B. Resolutilon Consenting tri the Termin atien of tho lelnt Use Gnd Maintenance
Agreement fer Park Facilities Between the ViGt0FiQ Homeowners Association GRel
the West Haven Homeowners Association. (Brewn/D iiyer4 _ This item was
removed from the CONSENT CALENDAR and heard before UNFINISHED BUSINESS.
C. Resolution 2010-031 N.C.S. Approving a Planned Use of Expending 2008-09
Proposition 1 B Local Streets and Roads Funds, Amending the 2009-10 Budget to
Include the Protected Left -Turn Signal Upgrade and the Petaluma 2010 Various
Streets Rehabilitation Projects, and Authorizing Transfer of Funds.
(Marengo/Zimmer)
D. Resolution 2010-025 N.C.S. Accepting the Cycle 3 Federal Highway Safety
Improvement Program Grant for the Protected Left -Turn Signal Upgrade Project,
Amending the Fiscal Year 2009-10 Adopted CIP Budget to Include Project
C16101006, Authorizing a Budget Transfer from Unexpended Street Maintenance
Funds to the Project, and Authorizing City Manager to Sign the Grant -Related
Documents. (Marengo/Zimmer)
E. Resolution 2010-026 N.C.S. Authorizing the Filing of an Application for Federal
Jobs for Main Street Funding, Stating Assurance to Complete the Project,
Petaluma 2010 Various Street Rehabilitation, and Approving the Proposed Budget.
(Marengo/Zimmer)
F. Resolution 2010-032 N.C.S. Accepting Completion of the Construction Contract
for the Petaluma Various Street Rehabilitation Project No. C16100903.
(Marengo/Zimmer)
G. Resolution 2010-027 N.C.S. Approving Road Closures for the Cruising the
Boulevard, Inc. Car Show and Cruise on Saturday, May 15, 2010. (Fish/Lyons)
H. Resolution 2010-028 N.C.S. Approving Partial Road Closures for the Enrich and
Educate Fund/Old Adobe School District/Athleta Petaluma Footrace on Sunday,
April 18, 2010. (Fish/Lyons)
Vol. 45 Page 136
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March 1, 2010
Resolution Approving Road Closures for the Open Sports CFiterium Bike Race on
SatuFday, April 10, 2010. (Gish /Lyep,4 - This item was removed from the agenda as
the event was cancelled.
J. Resolution 2010-029 N.C.S. Approving Second Amended At -Will Agreement for
Employment of City Manager and Resolution 2010-030 N.C.S. Approving Third
Amendment to the Agreement for Employment of City Clerk and Authorizing
Mayor to Execute Said Agreements. (Brown/Robbins)
Motion: Approve CONSENT CALENDAR Items 2.A, 2.1), 2.E, 2.G, 2.H., and 2.G.
Moved by Mike Healy, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; David Glass; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
Mayor Torliatt
Motion: Approve C. Resolution 2010-031 N.C.S. Approving a Planned Use of Expending
2008-09 Proposition I B Local Streets and Roads Funds, Amending the 2009-10 Budget to
Include the Protected Left -Turn Signal Upgrade and the Petaluma 2010 Various Streets
Rehabilitation Projects, and Authorizing Transfer of Funds.
Moved by Teresa Barrett, seconded by Tiffany Ren6e.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; David Glass; Mike Healy: David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
Mayor Torliatt recused herself for Item 2.F and left the dais.
Motion: Approve F. Resolution 2010-032 N.C.S. Accepting Completion of the Construction
Contract for the Petaluma Various Street Rehabilitation Project No. C16100903.
Moved by Teresa Barrett, seconded by Mike Healy.
Vote: Motion carried 5-0.
Yes: Teresa Barrett; David Glass; Mike Healy; David Rabbitt;
Tiffany Ren6e
No: None
Abstain: Pamela Torliatt
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Absent: Mike Harris
Mayor Torliatt returned to the dais.
Item 2.6 was heard next.
B. Resolution Consenting to the Termination of the Joint Use and Maintenance Agreement
for Park Facilities Between the Victoria Homeowners Association and the West Haven
Homeowners Association. (Brown/Duiven)
Mayor Torliatt
Vice Mayor Glass recused himself for Item 2.11 and left the dais.
Mayor Torliatt
City Attorney Danly
Mayor Torliatt
Council Member Healy
Assistant City Manager Scott Brodhun
Council Member Healy
Assistant City Manager Brodhun
Mayor Torliatt
Council Member Rabbitt
City Attorney Danly
Senior Planner Scott Duiven
Council Member Rabbitt
Mr. Duiven
Council Member Rabbitt
Mr. Duiven
Council Member Rabbitt
City Attorney Danly
Council Member Rabbitt
City Attorney Danly
Vol. 45 Page 138 March 1, 2010
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Council Member Barrett
MayoTodiaU
Public Comment on Item 2.11
9 Marne Coggan, Petaluma, stated that he formerly was the President ofthe Victoria
10 Homeowners Association. Hestated that h*does not remember there being any kind of
11 sunset ortermination clause.
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13 Jason Davies, Petaluma, stated that heisoresident nfVictoria subdivision
14 and remembers that when West Haven was being developed, otnotime was i1
15 explained that the agreement regarding the park would ever change. He would like to
16 keep the agreement inplace.
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18 Merle KAcKln|ey, Victoria Residential Homeowners Association, Petaluma, stated that she
19 lives between Victoria and West Haven. She asked that the Council vote no on this. She
IO suggested that Victoria and West Haven homeowners get together to see if they can
21 reach anagreement.
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23 Michael Bunwen'President ofthe West Haven Homeowners Association, Petaluma, says
24 that the contract has overy clear clause that specifies how the contract gets
25 terminated. Hesaid that notice was submitted tuVictoria last June and noone came
26 forward tosay they wanted tonegotiate something different.
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28 Trevor Pitts, President of the Victoria Homeowners Association, Petaluma, said the
29 termination clause was known to be o puns technicality that was probably
30 requirement ofthe state. If this goes forward, Victoria and Victoria Residential
31 homeowners will both suffer the loss of all the funds.
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33 Catherine Edmondson, V/chmdm Homeowners Association, Petaluma, said that ottime this
34 agreement was put in place, she was on the Victoria Residential Board. She says it was
]G absolutely a condition of approval for West Haven being developed. Her research
36 showed that houses for sale in West Haven list the park and the tennis courts as
37 amenities.
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39 Chris London, Petaluma, asked the Council to approve the termination of the agreement
40 between Victoria and YVoo1 Haven. He and his wife spend about 60 hours a year
41 maintaining the park that isjust across the street from their West Hoven House. He said
42 the termination clause is required bythe State of California.
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44 Revm Nmvey' Petaluma, stated that she was the third family to move into Victoria and
45 asked that the Council not approve the separation. Individuals who live Victoria and
46 West Hoven bought their homes with understanding that parks were there.
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48 John Martin, Petaluma, stated he iso resident ofWest Haven. He has ten grandchildren
49 who have never used any park in Victoria. He further stated that the letter oftermination
50 was sent nine months ago and not "thrust upon fhern." Further, there are 50 acres
51 around VYed Haven which are part ofn conservancy with paved trails. He said that West
52 Hoven is not asking Victoria to financial support for the conservancy.
Michel Riley, Petaluma, encouraged the Council to pass proposal as presented. He said
that he has never set foot in a Victoria park. He spends considerable time and money
maintaining the park in West Haven as well as the open space and the wetlands, all of
which are used by the public.
Council Member Rabbitt
City Attorney Danly
Council Member Rabbitt
City Attorney Danly
Mayor Torliatt
Council Member Rabbitt
City Attorney Danly
Council Member Rabbitt
City Attorney Danly
Council Member Rabbitt
Council Member Renee
City Attorney Danly
Council Member Renee
City Attorney Danly
Council Member Renee
Council Member Healy
Council Member Barrett
Mayor Torliatt
City Attorney Danly
Council Member Rabbitt
Mayor Torliatt
City Attorney Danly
Council Member Renee
Vol. 45 Page 140
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3.
Mayor Torliatt
March 1, 2010
Council Member Renee
Mayor Torliatt confirmed Council's consensus to have the item come back to Council at
the first meeting in May and to encourage the homeowners associations to meet
regarding the matter to see if consensus can be reached.
City Attorney Danly
Mayor Torliatt
City Attorney Danly
Mayor Torliatt
Vice Mayor Glass returned to the dais.
UNFINISHED BUSINESS
A. Resolution 2010-033 N.C.S. Establishing Council's Goals and Priorities for 2010 and
2011. (Brown)
City Manager Brown
Mayor Torliatt
Council Member Renee
City Manager Brown
Council Member Renee
Vice Mayor Glass
City Manager Brown
Vice Mayor Glass
Mayor Torliatt
Council Member Barrett
Vice Mayor Glass
Council Member Rabbitt
Council Member Healy
Council Member Renee
Mayor Torliatt
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City Manager Brown
Mayor Torliatt
Council Member Healy
Public Comment on Item 3.A
Zen Destiny, Petaluma, relative to some of the goals, he thought the City should
consider take back control of fairgrounds. He further said don't pay policy
decisions based on factually inaccuracies.
Motion: Approve A. Resolution 2010-033 N.C.S. Establishing Council's Goals and
Priorities for 2010 and 2011, amended to add a goal to "Pursue placing a
measure on the November 2010 ballot to increase Transient Occupancy Tax (TOT)
fees; and to add the words, "and FEMA remapping" to the CIP goal to
"Complete Flood Control project."
Moved by David Glass, seconded by Teresa Barrett.
Council Member Healy
Vice Mayor Glass
Council Member Healy
Mayor Torliatt
Council Member Healy
Council Member Barrett
Mayor Torliatt
Council Member Barrett
Mayor Torliatt
Council Member Barrett
City Manager Brown
Mayor Torliatt
City Manager Brown
Council Member Renee
Council Member Rabbitt
Mayor Torliatt
Vol. 45 Page 142
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March 1, 2010
Motion: Amend previous motion to read "Approve A. Resolution 2010-033 N.C.S.
Establishing Council's Goals and Priorities for 2010 and 2011, amended to add
the words `and FEMA remapping' to the CIP goal to `Complete Flood Control
Project. "'
Moved by David Glass, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; David Glass; Mike Healy: David Rabbitt;
Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
ADJOURN TO ANNUAL MEETING OF THE PETALUMA PUBLIC FINANCING CORPORATION
4. NEW BUSINESS
A. Annual Meeting of the Petaluma Public Financing Corporation.
Status Report and Audited Financials for Fiscal Year 2008-09.
Approval of Minutes of January 26, 2009. (Sato)
Interim Finance Director Sandra Sato
Public Comment on Item 4.A
Richard Brawn, Petaluma, questioned if there was a large natural disaster and the
airport was badly damaged, who would pick up the debt? If the city picks it up,
he said there are difficulties of disclosure based on the fiscal situation of the City.
Interim Director Sato
Vice Mayor Glass
Motion: Approve A. Petaluma Public Financing Corporation Status Report and
Audited Financials for Fiscal Year 2008-09 Minutes of January 26, 2009, as
presented.
Moved by Teresa Barrett, seconded by Tiffany Renee.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; David Glass; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
RECONVENE REGULAR CITY COUNCIL/PCDC MEETING
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B. Introduction (First Reading) of Ordinance 2366 N.C.S. (General Fund); Ordinance
2367 N.C.S. (Special Revenue Fund); Ordinance 2368 N.C.S. (Enterprise
Fund); Ordinance 2369 N.C.S. (Internal Service Fund); and Ordinance 2370 N.C.S.
(CIP and Debt Service Fund) Amending Ordinances 2355, 2356, 2357, 2358, and
2334 N.C.S. to Change Certain Appropriations for the Operations for the City of
Petaluma from July 1, 2009 to June 30, 2010; PCDC Resolution 2010-04 Approving
Adjustments to the Petaluma Community Development Commission FY 2009-2010
Budget and Second Quarter FY 2009-10 Budget Review - General Fund. (Brown)
Interim Finance Director Sandra Sato
City Manager Brown
Vice Mayor Glass
Interim Director Sato
City Manager Brown
Mayor Torliatt
Public Comment on Item 4.11
Bryant Moynihan, Petaluma, said that this item is not an urgency item so Council
should adopt regular ordinances. He says the problem goes back to 2005 when
the City Council gave compensation increases they could not afford.
Richard Brawn, Petaluma, said adding new taxes will not work. No matter how
bad the finances are of this City, they will not be as bad as the finances of a
young unemployed couple with children. Every penny of new tax reduces the
economic activity by that same amount.
Mayor Torliatt
Council Member Barrett
Mayor Torliatt
Council Member Healy
Vice Mayor Glass
Council Member Renee
Council Member Rabbitt
Mayor Torliatt
Council Member Healy
Vice Mayor Glass
Vol. 45 Page 144
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March 1, 2010
Mayor Torliatt
City Attorney Danly
Mayor Torliatt
City Attorney Danly
Council Member Healy
Motion: Approve B Introduction (First Reading) of Ordinance 2366 N.C.S. (General
Fund); Ordinance 2367 N.C.S. (Special Revenue Fund); Ordinance 2368 N.C.S.
(Enterprise Fund); Ordinance 2369 N.C.S. (Internal Service Fund); and Ordinance
2370 N.C.S. (CIP and Debt Service Fund) Amending Ordinances 2355, 2356, 2357,
2358, and 2334 N.C.S. to Change Certain Appropriations for the Operations for
the City of Petaluma from July 1, 2009 to June 30, 2010; PCDC Resolution 2010-
04 Approving Adjustments to the Petaluma Community Development
Commission FY 2009-2010 Budget.
Moved by Teresa Barrett, seconded by David Glass.
Vote: Motion carried 5-1.
Yes:
Teresa Barrett; David Glass; David Rabbitt; Tiffany Renee;
Pamela Torliatt
No:
Mike Healy
Abstain:
None
Absent:
Mike Harris
Council Member Healy
City Attorney Danly
Motion: Approve posting the ordinances at City Hall instead of publishing them in
the Argus -Courier, as allowed by the City's Charter.
Moved by Teresa Barrett, seconded by David Glass.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; David Glass; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
C. Discussion and Possible Direction to (1) Modify Garbage Franchise with Petaluma
Refuse and Recycling, Incorporated, an Affiliate of The Ratto Group of
Companies, Inc. ("PR&RI"); and, (2) Enter Into Agreements with Petaluma, Old
Adobe, and Waugh School Districts to Provide, Collectively, for the following:
(1) Allow PR&RI to Use Reserve Garbage Trucks in Petaluma that are Not
Exclusively Dedicated for Use in Petaluma.
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(2) Stipulate that PR&RI Will Provide Free Garbage and Recycling Service for All K-
12 Public Schools Located Within the Petaluma City Limits;
(3) Provide that the Petaluma, Old Adobe, and Waugh Districts Will Continue to
Allow the Public to Recreate on Their Campuses After Hours as Has Been Allowed
In the Past; and,
(4) Provide Direction to Staff to Negotiate Any Further Benefits from PR&RI that Can
Be Achieved. (Healy, Harris) - This item was removed from the agenda and will
return at the March 15, 2010 City Council Meeting.
ADJOURN
Motion: Adjourn meeting.
Moved by David Glass, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; David Glass; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
The meeting was adjourned at 10:58 p.m.
ATTEST:
/S/
Claire Cooper, CMC, City Clerk
/S/
Pamela Torliatt, Mayor