…to postpone the hearing on the Regency Final Environmental Impact Report until February 8, 2010

It was a dark and stormy night…the rain fell,  except at occasional intervals, (for it is in Petaluma that our scene lies) as people assembled at Petaluma’s City Hall.* Citizens, lawyers, and, representatives from Regency and Target assembled to see what the Council would decide…

The question hovering over the Council Chambers was whether the Council would even discuss the Regency agenda item due to the Regency litigation or continue it. See BREAKING NEWS! Regency Hearing May Be Postponed 

Many in the audience wore stickers in support of  Regency…

The City Attorney recommended that the Regency agenda item be continued in light of the litigation and Brown Act claims by Regency. While I understand (for the most part) the legal gyrations behind this recommendation, I will defer attempting to explain it.

Suffice it to say, a motion to continue the agenda item until February 8 was read by the City Attorney for the Council’s consideration. 

Members of the public, who came prepared to speak in favor or in opposition to the agenda item, instead were asked to speak to the motion to continue.

By my count…

• Twelve spoke against continuing the agenda item
• Four spoke in favor of continuing it
• Two were “neutral”

The passions and concerns over the Regency project were reflected in the public comments. One comment in particular highlighted the frustrations of some: “They’ll rebuild Haiti before they build Target.”

After discussion, the motion to continue until February 8 passed 4 to 3 with Mayor Torliatt and Council Members Glass, Renee, and Barrett in favor and Council Members Healy, Harris and Rabbitt opposed.  Members of both sides spoke sincerely about their reasons for their respective votes.  Mayor Torliatt and Vice Mayor Glass also noted that they were relying upon the advice of the City Attorney to continue the agenda item. 

What this boils down to is that both sides in this matter are relying upon advice of counsel.  That is a sound practice.  However, if the litigation proceeds, one side will be proven wrong and one side will be proven right…previous advice of counsel notwithstanding. And then there is the matter of legal fees…See Regency vs. Petaluma–An Un-Smart Train Wreck In Progress?

Remember, at the end of the day, the lawyers always win…

*Apologies to Victorian Novelist Edward Bulwer-Lytton

NOTE: If you did not watch the meeting on PCA, go to the CIty Clerk’s link to view the video.  (Link)