HomeMy WebLinkAboutCity Council/PCDC Minutes 06/07/20101
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June 7, 2010
R L U City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
Y85a
City Council/PCDC Minutes
Monday, June 7, 2010
Regular Meeting
MONDAY, JUNE 7, 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 Harris; Mike Healy;
David Rabbitt; Tiffany Ren6e; Pamela Torliatt
Absent: None
Vol. 45, Page 225
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: BCC Property Holdings, Inc. v. City of Petaluma, Sonoma Superior Court No. SCV
246196.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
ADJOURN TO CLOSED SESSION
MONDAY, JUNE 7, 2010
EVENING SESSION - 7:00 P.M.
CALL TO ORDER - EVENING SESSION - 7:00 P.M.
A. Roll Call
Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
Absent: None
Vol. 45, Page 226
1 B. Pledge of Allegiance
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3 Bill Donahue, Petaluma
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5 C. Moment of Silence
June 7, 2010
Mayor Torliatt asked that the meeting be adjourned in memory of Gail Marshall and
Robert Benson.
10 AGENDA CHANGES AND DELETIONS - Changes to current agenda only.
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12 None.
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14 PROCLAMATION
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16 United States Army Week - June 11 -18, 2010
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18 Mayor Torliatt
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20 Staff Sergeant John James, United States Army
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22 PUBLIC COMMENT
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24 John FitzGerald, Petaluma River Association, Petaluma, spoke regarding the schooner Alma,
25 which will be sailing from San Francisco to Petaluma on October 7th and will arrive in the turning
26 basin. On October 8th there will be a kids' program at the turning basin, on October 9th an open
27 house on the Alma; on October 10th a "sail in "; and on October I I th, the Alma returns to San
28 Francisco.
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30 Alli Perebikorsky, LaRouche Political Action Committee and Summer Shields for Congress,
31 Petaluma, spoke regarding the need to adopt an emergency resolution to urge Congress to
32 pass a new Glass-Steagall Act to separate commercial and investment banks.
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34 Antoine Steven Phillips, LaRouche Political Action Committee and Summer Shields for Congress,
35 San Francisco, also spoke regarding need to pass a Glass-Steagall amendment.
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37 Zen Destiny, Petaluma, said that if Thomas Jefferson was alive today he'd be on the "no fly list."
38 He stated that he wants President Obama to rescind his presidential executive order giving
39 Interpol diplomatic immunity.
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41 Victor Chechanover, Petaluma, said he was there to commend publicly staff of the Water
42 Resources Department. He checked his meter and was surprised to see that he had used many
43 more units than typical. A technician came to his house, installed new meter and came back in
44 two weeks. He pointed out that the call was answered promptly and service rendered promptly
45 and politely.
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47 Diane Reilly Torres, Petaluma, held up all the campaign mailers she has received and said she
48 got 20 political phone calls today alone. She said that she tries to help the "under -represented."
49 Further, she said she would vote for Pat Broderick and encouraged individuals to not vote for
50 John LemMon because he was the judge in the arbitration with the mobile home residents and
51 she says he is "no friend" to the citizens of Petaluma.
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June 7, 2010
COUNCIL COMMENT
Council Member Barrett
Council Member Renee
Council Member Rabbitt
Council Member Healy
Mayor Torliatt
CITY MANAGER COMMENT
Vol. 45, Page 227
City Manager Brown
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, May 3,
2010.
Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of Monday,
May 3, 2010, as presented.
Moved by Tiffany Renee, seconded by Mike Harris.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy;
Tiffany Renee; Pamela Torliatt
No: None
Abstain: David Rabbitt
Absent: None
B. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, May 17,
2010.
Motion: Approve B. Minutes of Regular City Council/PCDC Meeting of Monday,
May 17, 2010, as presented.
Moved by David Rabbitt, 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
Vol. 45, Page 228
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June 7, 2010
2. APPROVAL OF PROPOSED AGENDAS
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Approval of Proposed Agenda for Special City Council/PCDC Meeting of
Monday, June 14, 2010.
Motion: Approve A. Proposed Agenda for Special City Council/PCDC Meeting of
Monday, June 14, 2010, as presented.
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
Approval of Revised Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, June 21, 2010. - Revision No. 1 - Thursday, June 3, 2010.
Motion: Approve B Approval of Revised Proposed Agenda for Regular City
Council/PCDC Meeting of Monday, June 21, 2010, as presented.
Moved by David Glass, seconded by Teresa Barrett.
Council Member Healy
Mayor Torliatt
Council Member Harris
Vice Mayor Glass
Council Member Rabbitt
City Manager Brown
Vote: Motion carried 5-2.
Yes: Teresa Barrett; David Glass; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No: Mike Harris; Mike Healy
Abstain: None
Absent: None
Council Member Rabbitt
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3. CONSENT CALENDAR
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PI.,
June 7, 2010
Vol. 45, Page 229
Resolution 2010-080 N.C.S. Authorizing Termination of the Contract with Cal
Electric for the Recycled Water Booster Pump Station No. 2 Improvements,
Project No. C00500908. (Tuft/Scherzinger)
Motion: Approve A. Resolution 2010-080 N.C.S. Authorizing Termination of the
Contract with Cal Electric for the Recycled Water Booster Pump Station No. 2
Improvements, Project No. C00500908.
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
Resolution 2010-081 N.C.S. Authorizing the City Manager to Execute Agricultural
Recycled Water User Agreements. (Tuft/Orr)
Public Comment on Item 3.11
Zen Destiny, Petaluma, asked that this item not be approved.
Diane Reilly Torres, Petaluma, said that she thought it was irresponsible to pay
people to take our water.
Mayor Torliatt
Council Member Healy
Motion: Approve B. Resolution 2010-081 N.C.S. Authorizing the City Manager to
Execute Agricultural Recycled Water User Agreements.
Moved by Mike Healy, seconded by Teresa Barrett.
Vice Mayor 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
Vol. 45, Page 230
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4. UNFINISHED BUSINESS
June 7, 2010
A. Resolution 2010-082 N.C.S. 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)
Vice Mayor Glass and Council Member Harris recused themselves and left the
dais.
Scott Duiven, Senior Planner
Council Member Rabbitt
Mr. Duiven
Mayor Torliatt
Public Comment on Item 4.A
Michael Burwen, West Haven Homeowners Association, Petaluma, he said they
(West Haven HOA) made an offer on March 11 t" to pay them (Victoria HOA) for
five years at the rate of $3,000 per year and permit them unlimited access to their
open space.
Council Member Healy
Mr. Burwen
Council Member Healy
Mayor Torliatt
Council Member Healy
Mr. Duiven
Trevor Pitts, President, Victoria Homeowners Association, Petaluma, said West
Haven's offer is meaningless because the public already has access by way of
public easements. He further said that the negotiations have consisted entirely of
West Haven "stonewalling."
Pat Martin, Board of Directors, West Haven Homeowners Association, Petaluma,
said that when they purchased their home about four years ago, they were never
made aware of the availability of the parks and courts in Victoria. They simply do
not use them. She further stated that a majority of West Haven homeowners do
not use Victoria's parks and courts.
Michael Riley, Petaluma, stated that he is a member of the West Haven Board.
He read directly from the agreement that allows West Haven to terminate the
agreement under certain conditions. He respectfully requested that the Council
terminate the agreement.
June 7, 2010
Vol. 45, Page 231
Richard Steckler, West Haven Homeowner, Petaluma, says the City has built a
public park in the West Haven subdivision, which the residents assist in
maintaining. They also pay to maintain open space open to everyone, and to
maintain Victoria's parks and courts, which they do not use.
Catherine Edmondson, Victoria Homeowners Association, Petaluma, she stated
that contract says the City Council has the last word. She asked that the
Council consider the community as a whole and what benefits everyone.
Council Member Renee
Mr. Burwen
Council Member Renee
Mr. Burwen
Mayor Torliatt
Mr. Martin
Council Member Renee
Mr. Duiven
Council Member Rabbitt
City Attorney Danly
Council Member Healy
Mayor Torliatt
City Attorney Danly
Council Member Healy
Mr. Burwen
Mayor Torliatt
Mr. Burwen
Mr. Pitts
Council Member Renee
Council Member Rabbitt
Mayor Torliatt
Council Member Barrett
Vol. 45, Page 232 June 7, 2010
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Mr. Pitts
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Mayor Torliatt
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City Attorney Danly
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Mr. Burwen
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City Attorney Danly
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Mayor Torliatt
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City Attorney Danly
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Mayor Torliatt
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City Attorney Danly
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Mayor Torliatt
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Council Member Healy
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City Attorney Danly
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Council Member Healy
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Mayor Torliatt
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City Attorney Danly
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Mayor Torliatt
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City Attorney Danly
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Motion: Approve Resolution 2010-082 N.C.S. Consenting to the Termination of the
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Joint Use and Maintenance Agreement for Park Facilities Between the Victoria
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Homeowners Association and the West Haven Homeowners Association, as
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amended to include the following recital: "Whereas, the City Council
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understands that authorized representatives of the West Haven Homeowners
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Association and the Victoria Homeowners Association have agreed that the West
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Haven Homeowners Association will pay the Victoria Homeowners Association
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$3,000.00 per year for five years commencing July 1, 2010 and terminating June
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30, 2015.
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Moved by Mike Healy, seconded by David Rabbitt.
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Vote: Motion carried 5-0.
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Yes: Teresa Barrett; Mike Healy; David Rabbitt; Tiffany Ren6e;
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5.
June 7, 2010
Pamela Torliatt
No: None
Abstain: David Glass; Mike Harris
Absent: None
Vice Mayor Glass and Council Member Harris returned to the dais.
NEW BUSINESS
Vol. 45, Page 233
A. Resolution 2010-083 N.C.S. Recommending Appointment to the Mayors' &
Councilmembers' Association to Fill the Vacancy on the Local Agency Formation
Commission for the Alternate Position, and Approving Recommended Changes in
the Association's By -Laws. (Brown)
Mayor Torliatt
Council Member Barrett
Mayor Torliatt
Council Member Renee
Motion: Approve A. Recommending Appointment to the Mayors' &
Councilmembers' Association to Fill the Vacancy on the Local Agency Formation
Commission for the Alternate Position, and Approving Recommended Changes in
the Association's By -Laws, recommending Mark Landman of Cotati for the
LAFCO position, and removing the words "per the Council's recommendation"
from the last sentence of the resolution.
Moved by Tiffany Ren6e, seconded by David Glass.
Vote: Motion carried 6-1.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy;
Tiffany Renee; Pamela Torliatt
No: David Rabbitt
Abstain: None
Absent: None
B. Discussion and Adoption of Resolutions Setting the November 2, 2010 City of
Petaluma Municipal Election (Cooper): Resolution 2010-084 N.C.S. Calling and
Giving Notice of a Regular Municipal Election to Be Held Tuesday, November 2,
2010 for Election of One Mayor, Three Council Members, and Three School -Board
Members; Resolution 2010-085 N.C.S. Requesting the Sonoma County Board of
Supervisors to Consolidate a Regular Municipal Election on Tuesday, November 2,
2010 with the Statewide General Election; and, Resolution 2010-086 N.C.S.
Establishing Regulations Pursuant to the Charter of the City of Petaluma and the
California Elections Code for the 2010 General Municipal Election (Candidate
Ballot Statements, Including Charges Therefore).
Mayor Torliatt
Vol. 45, Page 234
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June 7, 2010
Motion: Approve B. Resolution 2010-084 N.C.S. Calling and Giving Notice of a
Regular Municipal Election to Be Held Tuesday, November 2, 2010 for Election of
One Mayor, Three Council Members, and Three School -Board Members;
Resolution 2010-085 N.C.S. Requesting the Sonoma County Board of Supervisors to
Consolidate a Regular Municipal Election on Tuesday, November 2, 2010 with the
Statewide General Election; and, Resolution 2010-086 N.C.S. Establishing
Regulations Pursuant to the Charter of the City of Petaluma and the California
Elections Code for the 2010 General Municipal Election (Candidate Ballot
Statements, Including Charges Therefore).
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
C. Adoption of Preliminary 2010/2011 City of Petaluma and Petaluma Community
Development Commission Budgets; Adoption of 2010/2011 City Appropriations
Ordinance by Urgency or Regular Ordinance; Adoption of Resolution Approving
$35 million in Temporary City Appropriations (If the City Appropriations are
Adopted by Regular Ordinance).
Mayor Torliatt
City Manager Brown
Interim Finance Director Sandra Sato
Mayor Torliatt
Interim Director Sato
Public Comment on 5.0
Diane Reilly Torres, Petaluma, wanted to know how much money the City is
paying to have animals killed. She also questioned where the water is coming
from for the East Washington Place project. She also commented on the low and
moderate income housing projects.
Mayor Torliatt
City Manager Brown
Mayor Torliatt
City Manager Brown
Interim Water Resources and Conservation Director Pamela Tuft
June 7, 2010
Mayor Torliatt
Housing Administrator Bonne Gaebler
Mayor Torliatt
Council Member Healy
Mayor Torliatt
Council Member Healy
Mayor Torliatt
Council Member Healy
City Manager Brown
Council Member Harris
Council Member Rabbitt
Vice Mayor Glass
Council Member Barrett
Council Member Renee
Council Member Healy
Council Member Rabbitt
Council Member Renee
Mayor Torliatt
City Attorney Danly
Mayor Torliatt
Vol. 45, Page 235
City Attorney Danly
Motion: Approve PCDC Resolution Adopting FY 2010-11 PCDC Budget; Introduce
Appropriations Ordinances and Approve Resolution Approving Temporary City
Appropriations.
Moved by Teresa Barrett, seconded by Tiffany Renee.
Council Member Healy
Council Member Barrett
Vol. 45, Page 236 June 7, 2010
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Mayor Torliatt
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Council Member Barrett amended her motion to "Approve PCDC Resolution
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2010-08 Adopting the FY 2010-11 Budget."
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Council Member Renee amended her second.
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Vote: Motion carried 7-0.
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Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy;
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David Rabbitt; 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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Motion: Approve Introduction (First Reading) of Ordinance 2371 N.C.S.
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Appropriating Funds for the Operation of the City of Petaluma General Fund from
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July 1, 2010 through June 30, 2011.
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Moved by Teresa Barrett, seconded by Tiffany Ren6e.
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Vote: Motion carried 4-3.
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Yes: Teresa Barrett; David Glass; Tiffany Ren6e; Pamela Torliatt
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No: Mike Harris; Mike Healy; David Rabbitt;
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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 Ren6e
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Mayor Torliatt
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City Manager Brown
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Motion: Approve Introduction (First Reading) of Ordinance 2372 N.C.S. Enterprise
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Funds; Ordinance 2373 N.C.S. Internal Service Funds; Ordinance 2374 N.C.S.
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Special Revenues and Trust Funds; Ordinance 2375 N.C.S. Capital Projects and
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Debt Funds for the Operation of the City of Petaluma from July 1, 2010 - June 30,
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2011; and Resolution 2010-087 N.C.S. Authorizing Additional Temporary
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Appropriations in the Amount of $45,000,000 to Provide Funds for the Operation of
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the City Through September 30, 2010 or Until Annual Appropriating Ordinance is in
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Force.
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Moved by Teresa Barrett, seconded by Tiffany Renee.
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Vote: Motion carried 7-0.
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Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy;
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David Rabbitt; Tiffany Ren6e; Pamela Torliatt
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June 7, 2010
No: None
Abstain: None
Absent: None
Mayor Torliatt
City Attorney Danly
Vol. 45, Page 237
D. PCDC Resolution 2010-09 Determining the Necessity of Expending Funds for
Planning and Administration of 2010/2011 Low and Moderate Income Housing
Projects; Joint Citv/PCDC Resolution 2010-088 N.C.S. Adopting Findings for Use of
Low and Moderate Income Housing Funds Outside the Merged Project Area;
PCDC Resolution 2010-10 Adopting Findings and Authorizing the Expenditure of
$6,459,000 in Tax Increment Funds in the Merged Project Area; Resolution 2010-
089 N.C.S. Adopting Findings and Consenting to the Expenditure of $6,459,00 in
Tax Increment Funds in the Merged Project Area. (Brown/Gaebler)
Motion: Approve D. PCDC Resolution 2010-09 Determining the Necessity of
Expending Funds for Planning and Administration of 2010/2011 Low and Moderate
Income Housing Projects; Joint Citv/PCDC Resolution 2010-088 N.C.S. Adopting
Findings for Use of Low and Moderate Income Housing Funds Outside the Merged
Project Area; PCDC Resolution 2010-10 Adopting Findings and Authorizing the
Expenditure of $6,459,000 in Tax Increment Funds in the Merged Project
Area; Resolution 2010-089 N.C.S. Adopting Findings and Consenting to the
Expenditure of $6,459,00 in Tax Increment Funds in the Merged Project Area.
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
E. Discussion and Possible Direction to Prepare for Submission to the Voters of G
Rallnt AApagure Relating to GR Increase ip the City's Transient Occupancy Tax
- This item was moved to the June 21, 2010 City Council Meeting.
F. Resolution 2010-090 N.C.S. Authorizing Award of Contract for Operation of the
Petaluma Visitor Center. (Brown)
City Manager Brown
Mayor Torliatt
Council Member Renee
Council Member Rabbitt
Mayor Torliatt
Vol. 45, Page 238
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6.
June 7, 2010
Vice Mayor Glass
Public Comment on 5.F
David Scott, General Manager of the Sheraton Hotel, Petaluma, said that the
Visitor's Program is a good and positive idea for Petaluma. Further, he said that
they look forward to more guests in their hotel as well as others in Petaluma. By
spending a relatively small amount of money now will result in a more significant
Linda Postenreider, Pelican Art Gallery, Petaluma, said that she is on the Petaluma
Downtown Association's (PDA) Board and they are excited about this
assignment. She stated that she understands the hesitation about the PDA's
taking this on, but she encouraged participation.
Pauline Wood, Petaluma, owner of KOA Campground, Petaluma,
Zen Destiny, Petaluma
Marie McCusker, PDA
Mayor Torliatt
Vice Mayor Glass
Ms. McCusker
Motion: Approve F. Resolution 2010-090 N.C.S. Authorizing Award of Contract for
Operation of the Petaluma Visitor Center.
Moved by Teresa Barrett, seconded by Tiffany Renee.
Vote: Motion carried 6-1.
Yes: Teresa Barrett; David Glass; Mike Harris;
David Rabbitt; Tiffany Renee; Pamela Torliatt
No: Mike Healy
Abstain: None
Absent: None
PUBLIC HEARING
A. Resolutions to Adopt a Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program; to Approve or Deny a Planned Unit District Unit
Development Plan and Development Standards; and to Approve or Deny a
Vesting Tentative Map for a 19 -lot Subdivision to Allow for the Construction of
Single-family Homes for the Sunnyslope II Project Located within the Sunnyslope
Planned Unit District, at 674 Sunnyslope Road, APN 019-203-008, File # 03 -TSM -
0460. (Bradley/Hines) - Continued from the April 5, 2010 meeting.
Motion: Continue the item to the August 2, 2010 City Council Meeting.
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June 7, 2010
Moved by Tiffany Renee, 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
ADJOURN
Motion: Adjourn the meeting.
Moved by Tiffany Renee, 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
Vol. 45, Page 239
The meeting was adjourned at 10:44 p.m. in memory of Gail Marshall and Robert Benson.
ATTEST:
/S/
Claire Cooper, CMC, City Clerk
/S/
Pamela Torliatt, Mayor