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R L U City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
Y85a
Draff City Council/PCDC Minutes
Monday, April 19, 2010
Regular Meeting
MONDAY, APRIL 19, 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
CLOSED SESSION
■ CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to California Government Code §54956.8:
Property: APN 068-010-031. Agency Negotiators: Remleh Scherzinger, Geoff Hornsby. Negotiating
Parties: Loretta M. Silacci, or Her Successors in Interest, as Trustee of the Silacci Family Trust -
Descendant's Trust. Under Negotiation: Price and Terms of Payment.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
ADJOURN TO CLOSED SESSION
MONDAY, APRIL 19, 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. XX, Page 2
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B. Pledge of Allegiance
Bonne Gaebler, Housing Administrator
C. Moment of Silence
AGENDA CHANGES AND DELETIONS - Changes to current agenda only.
None.
PROCLAMATIONS
• Arbor Day - April 22, 2010
Mayor Torliatt
Rod Scaccalosi, Chair, Petaluma Tree Advisory Committee
Mayor Torliatt
Mr. Scaccalosi
• Children's Memorial Day in Petaluma -April 23, 2010
Mayor Torliatt
Steve Berry, MOVES (Minimize Occurrences of Violence in Everyday Society)
• West Nile Virus and Mosquito and Vector Control Awareness Week, April 26-30, 2010
Mayor Torliatt
Nizza Sequeira, Public Relations Director, Marin/Sonoma Mosquito and Vector Control
District, Cotati
Mayor Torliatt
Ms. Sequeira
REPORT OUT OF CLOSED SESSION - Actions Taken
None.
PUBLIC COMMENT
Thom Butler, SpeakLo Media, Petaluma, spoke about the agreement made with CGI
Communications in New York to stream video. He believed the agreement was "problematic."
John Maher, Petaluma, said that as "Petaluma Pete" he makes a lot of videos for kids in
Petaluma and has the ability to do all the things that CGI has been contracted to do, but in a
very Petaluma -specific way. He did not believe it was fair to the citizens of this town to be
represented in a way that is not reflective of Petaluma and boring.
April 19, 2010
Vol. XX, Page 3
2 Ed Maas, Petaluma, spoke about COTS and lawsuits against him. He said that the lawsuits
3 have been settled and COTS "got nothing" out of the lawsuit. He did agree to stay away from all
4 COTS workers.
6 Katherine Bobrowski, Petaluma, asked that the City send out police to her mobile home park
7 because of juveniles threatening to vandalize her property. She has taken more photos of
8 vehicles parked in the fire lanes. She also spoke about illegal fireworks being detonated by
9 individuals in her park, and says the police told her they could not help her. She also wants City
10 Attorney Danly to instruct the park owners to hire an on -site manager.
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12 Zen Destiny, Petaluma, called for a boycott of all online social networks as the government is
13 illegally spying on us and it is imperative that we resist.
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15 Jeff Mayne, Petaluma, Petaluma Downtown Association, Petaluma, said that Petaluma History
16 Week kicked off at museum last weekend. The Butter and Eggs Day Parade happens this
17 coming Saturday with the Antique Faire on Sunday.
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19 Mayor Torliatt
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21 Mr. Mayne
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23 Diane Reilly Torres, Petaluma, asked if the City has a position on PG&E installing SMART meters at
24 homes without permission. She also weighed in on those who came to complain about CGI
25 Communications and said that they should have done this at the Technology and
26 Telecommunications Advisory Committee Meeting. Further, she read from letter from City
27 Attorney Eric Danly regarding her public records request for the appeal of the City's sign
28 regulations by those running for supervisor.
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30 Ryan Williams, Petaluma, Member, Technology and Telecommunications Advisory Committee,
31 representing committee, said there have been no comments at the committee's meetings or e-
32 comments received, regarding the CGI Communications agreement.
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34 John Hanania, Petaluma, said he managed to get his water bill down to 6 units for two months.
35 He also said he has been dealing with Police Captain Dave Sears and it has been a very good
36 experience. He also spoke about Assembly Bill 2097 regarding the double standard issue of city
37 and state employees getting a "free ride" while citizens are cited and fined for violations of
38 vehicle codes.
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40 CITY MANAGER COMMENT
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42 City Manager Brown
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44 Bonne Gaebler, Housing Administrator
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46 Mayor Torliatt
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48 COUNCIL COMMENT
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50 Mayor Torliatt
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52 Council Member Harris
Vol. XX, Page 4
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Council Member Barrett
City Manager Brown
Council Member Ren6e
Vice Mayor Glass
Council Member Ren6e
Mayor Torliatt
City Manager Brown
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, April 5,
2010.
Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of Monday,
April 5, 2010, as presented.
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: Mike Harris
Absent: None
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, May 3, 2010.
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, May 3, 2010, as presented.
Moved by David Glass, seconded by Teresa Barrett.
Council Member 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
April 19, 2010
Vol. XX, Page 5
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3. CONSENT CALENDAR
A. Resolution 2010-056 N.C.S. Opposing Proposition 16, Known as the "New Two -
Thirds Vote Requirement for Local Public Electricity Providers." (Torliatt/Renee) -
Removed for discussion and/or public comment.
B. Resolution 2010-054 N.C.S. Approving Amendment No. 1 to the Cooperative
Funding Agreement Between the Sonoma County Transportation Authority and
the City of Petaluma for the East Washington Interchange Project RDA100280.
(Marengo/Lackie)
C. Resolution 2010-055 N.C.S. Awarding Two -Year Weed Abatement Contract to
Remove Weeds Within the City and Authorizing City Manager to Execute a
Contract for Such Abatement Program. (Anderson/Fergus)
Mayor Torliatt removed Item 3.A for discussion and/or public comment.
Motion: Approve B. Approving Amendment No. 1 to the Cooperative Funding Agreement
Between the Sonoma County Transportation Authority and the City of Petaluma for the
East Washington Interchange Project RDA100280; and, C. Resolution 2010-055 N.C.S.
Awarding Two -Year Weed Abatement Contract to Remove Weeds Within the City and
Authorizing City Manager to Execute a Contract for Such Abatement Program.
Moved by David Glass, seconded by Mike Healy.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Public Comment on 3.A
Zen Destiny, Petaluma, stated that he supports the energy decentralization motives
behind community choice aggregation and the provider principal the resolution
defends.
Richard Brawn, Petaluma, said that this proposal opens up a needed discussion and that
is the degree to which government can insert itself into right of the people to direct and
alter their own government.
Mayor Torliatt
City Attorney Danly
Motion: Approve A. Resolution 2010-056 N.C.S. Opposing Proposition 16, Known as the
"New Two -Thirds Vote Requirement for Local Public Electricity Providers."
Moved by Tiffany Renee, seconded by David Glass.
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4.
Council Member Healy
Vice Mayor Glass
Council Member Rabbitt
Council Member Harris
Mayor Torliatt
Council Member Renee
Mayor Torliatt
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
UNFINISHED BUSINESS
A. Resolution 2010-057 N.C.S. Setting the City of Petaluma Living Wage Rate at
$12.46 Per Hour with Employer Contribution Toward Medical Benefits and $13.99
Per Hour without Employer Contribution Toward Medical Benefits.
(Brown/Stephens)
Council Member Rabbitt recused himself for Items 4.A and 5.A and left dais.
Mayor Torliatt
City Attorney Danly
Mayor Torliatt
Council Member Harris
Council Member Healy
Vice Mayor Glass
Motion: Approve A. Resolution 2010-057 N.C.S. Setting the City of Petaluma Living
Wage Rate at $12.46 Per Hour with Employer Contribution Toward Medical
Benefits and $13.99 Per Hour without Employer Contribution Toward Medical
Benefits.
Moved by Teresa Barrett, seconded by Tiffany Renee.
Vote: Motion carried 4-2.
April 19, 2010
Vol. XX, Page 7
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5.
Yes:
No:
Abstain
Absent:
NEW BUSINESS
Teresa Barrett; David Glass; Tiffany Renee; Pamela Torliatt
Mike Harris; Mike Healy
David Rabbitt
None
A. Resolution 2010-058 N.C.S. Amending the Pay Rates for Part -Time Positions.
(Brown/Stephens)
Motion: Approve A. Amending the Pay Rates for Part -Time Positions.
Moved by Teresa Barrett, seconded by Tiffany Renee.
Vote: Motion carried 4-2.
Yes: Teresa Barrett; David Glass; Tiffany Renee; Pamela Torliatt
No: Mike Harris; Mike Healy
Abstain: David Rabbitt
Absent: None
Council Member Rabbitt returned to the dais.
B. Resolution 2010-059 N.C.S. Approving the Sale of #5 Wren Court by Petaluma
Ecumenical Properties (PEP). (Brown/Gaebler)
Mayor Torliatt
Motion: Approve B. Resolution 2010-059 N.C.S. Approving the Sale of #5 Wren
Court by Petaluma Ecumenical Properties (PEP).
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
C. Discussion and Resolution 2010-060 N.C.S. Authorizing Program Administration
Fees for Mobile Home Park Space Rent Stabilization Program for 2010. (Gaebler)
Public Comment on 5.0
Bill Donahue, Petaluma, asked that the City "back the resolution." Rent
stabilization programs have proved to have a positive impact on mobile home
owners as it prevents the gouging of rents.
Vol. XX, Page 8
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Motion: Approve C. Resolution 2010-060 N.C.S. Authorizing Program
Administration Fees for Mobile Home Park Space Rent Stabilization Program for
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 Renee; Pamela Torliatt
No: None
Abstain: None
Absent: None
D. Discussion and Possible Direction to Prepare to Place a Charter Amendment
Before the Voters, Specifically to Modify Section 51 of the Petaluma City Charter
to read as follows: "Sec. 51 Ordinances Granting Franchises. No ordinance for the
grant of any franchise shall be put upon its final passage within thirty days after its
introduction. No franchise shall be renewed before one year prior to its expiration,
except that a franchise may be extended up to five years if it is set to expire
within the next six years, but only if the extension includes a reduction in rates
charged to customers." (Harris/Healy)
Council Member Healy
Council Member Harris
Council Member Barrett
Council Member Ren6e
Council Member Healy
Council Member Ren6e
Vice Mayor Glass
Council Member Rabbitt
City Manager Brown
Council Member Rabbitt
City Manager Brown
Council Member Rabbitt
Mayor Torliatt
Council Member Healy
April 19, 2010
Vol. XX, Page 9
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Motion: Direction to Staff to Prepare to Place a Charter Amendment Before the
Voters, Specifically to Modify Section 51 of the Petaluma City Charter to read as
follows: "Sec. 51 Ordinances Granting Franchises. No ordinance for the grant of
any franchise shall be put upon its final passage within thirty days after its
introduction. No franchise shall be renewed before one year prior to its expiration,
except that a franchise may be extended up to five years if it is set to expire
within the next six years, but only if the extension includes a reduction in rates
charged to customers."
Moved by Mike Healy, seconded by Mike Harris.
Motion: Table the matter indefinitely.
Moved by David Glass. The motion to table the matter indefinitely did not
receive a second and was lost.
Council then voted on the original motion (Direction to Staff to Prepare to Place a
Charter Amendment Before the Voters, Specifically to Modify Section 51 of the
Petaluma City Charter, etc.):
Vote: Motion failed 3-4.
Yes: Mike Harris; Mike Healy; David Rabbitt
No: Teresa Barrett; David Glass; Tiffany Renee; Pamela Torliatt
Abstain: None
Absent: None
Motion: Adjourn the meeting.
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
Absent:
None
The meeting was adjourned at 8:40 p.m.
Pamela Torliatt, Mayor
Vol. XX, Page 10
April 19, 2010
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/ILI1r4►1
Claire Cooper, CMC, City Clerk