HomeMy WebLinkAboutStaff Report 1.C 04/06/2009l
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MEETING OF THE CITY COUNCIL/
PBALWMA COMMUNITY DEVELOPMENT COMMISSION
Draft City CowncO/PCDC Minutes
Monday, March 16'20O9
Regular Meeting
MONDAY. MARCH 18.2009
CLOSED SESSION — 6:00 P.M.
CALL TO ORDER—CLOSED SESSION
I . Roll Call
I C
April ����
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Present Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Robbitt;
Tiffany Ron6e;Pamela Todiott
Absent: None
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant toCalifornia Government Code §54957: City
k«onoAe«
CONpERENCEVVITHREALPROPERTYNEGOTATOR(8):PuouonttoCo|ihzmkzGovemm*niCode§549J6,8:
°
Property: 006-051-073
Agency N*gotio1or(s):Geoff Hornsby, Michael Ban
Negotiating Podnor(s):Sonoma Marin Area Rail Transit (3k4/\RT)
Under Negotiation: Price and terms ofpayment
° Property: 006-423-025
Agency N*gotio1or(s):Geoff Hornsby, Michael Ban
Negotiating Portn*r(s):Nathan Lester
Under Negotiation: Price and terms ofpayment
° Property: 006-423-035
AAenoyN*gotimtor(s): Geoff Hornsby, Michael Ban
N*AotiotingPmrtner(d: Mildred E. Phillips
Under Negotiation: Price and terms ofpayment
° Property: 006-432-024
AgenoyN*gotimtor(s): Geoff Hornsby, Michael Ban
Negotiating Pmdnor(s):Leonard A.Dernmrtini*ta|
Under Negotiation: Price and terms ofpayment
° Property: 006-432-023
AAenoyN*gotimtor(s): Geoff Hornsby, Michael Ban
NeAotiatinAPortner(s): Martin E.&Dominique Conroy
Under Negotiation: Price and terms ofpayment
°
Property: 006-432-022
Agency Negotiotor(s):Geoff Hornsby, Michael Ban
Negotiating Portner(s):Judith M.A||ewe|t
Under Negotiation: Price and terms ofpayment
°
Property: 006-423-022
Agency Negotiotor(s):Geoff Hornsby, Michael Ban
Negotiating Portner(s):Yvette Hamby
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Vol. XX, Page 2
March 16, 2009
Under Negotiation: Price and terms of payment
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Property: 006-432-021
Agency Negotiator(s): Geoff Hornsby, Michael Ban
Negotiating Partner(s): Jeffrey J. & Eugena Valera
Under Negotiation: Price and terms of payment
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Property: 006-432-018
Agency Negotiator(s): Geoff Hornsby, Michael Ban
Negotiating Partner(s): Gottfried Stonitsch
Under Negotiation: Price and terms of payment
•
Property: 006-432-016
Agency Negotiator(s): Geoff Hornsby, Michael Ban
Negotiating Partner(s): Luis Rey & Martha Hernandez
Under Negotiation: Price and terms of payment
• Property: 007-041-001
Agency Negotiator(s): Geoff Hornsby, Michael Ban
Negotiating Partner(s): Alan Brody of al
Under Negotiation: Price and terms of payment
•
Property: 007-060-032
Agency Negotiator(s): Geoff Hornsby, Michael Ban
Negotiating Partner(s): Madison Homeowners Association
Under Negotiation: Price and terms of payment
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to
California Government Code §54956.9(c): Two potential cases.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
ADJOURN TO CLOSED SESSION
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
B. Pledge of Allegiance
Dr. Carl Wong, Sonoma County Superintendent of Schools
C. Moment of Silence
AGENDA CHANGES AND DELETIONS - Changes to current agenda only
None.
PROCLAMATIONS
• Artisan Cheese Festival March 22, 2009
Mayor Torliatt
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March 16, 2009
Vol. XX, Page 3
Tom Birdsall, Sheraton Petaluma, thanked Council on behalf of the Cheese Festival, and
introduced Doralice Handal from the Cheese Shop, 423 Center Street, Healdsburg.
Mayor Torliatt
Mr. Birdsall
Mayor Torliatt
• Centennial Celebration of the NAACP & Santa Rosa - Sonoma County Chapter
Mayor Torliatt
David Salm, Sonoma County Chapter NAACP
PRESENTATIONS
• Drawing for the Winner of the Ireland Trip Sponsored by the Animal Services Advisory
Committee
City Attorney Danly drew the ticket and announced that Mary Beth Benedetti had won the
trip to Ireland.
John Cerini, Chair, Animal Services Advisory Committee
Mayor Torliatt
• Sonoma County "Health Action" and Countywide Walking Program
Dr. Mary Maddux -Gonzalez, Sonoma County Public Health Officer
Dr. Carl Wong, Sonoma County Superintendent of Schools
Mayor Torliatt
Dr. Maddux -Gonzalez
Mayor Torliatt
REPORT OUT OF CLOSED SESSION (Actions Taken)
None.
PUBLIC COMMENT
John Maher, aka Petaluma Pete, Petaluma, encouraged all citizens to attend the Mentor Me
Petaluma "Mad Hatter" Ball on Saturday, March 21, 2009 at the Petaluma Community Center,
320 North McDowell Boulevard. He asked everyone to visit the Mentor Me Petaluma Website
(www.mentormepetaluma.org), and introduced Liam (aka "Exhibit A") who told everyone to
"Click on the Hat."
Vol. XX, Page 4
March 16, 2009
1 Greg Colvin, Petalumans for Responsible Planning, Petaluma, stated concerns about a
2 potential change in philosophy since the election that could affect the role of the City
3 Council in the name of efficiency and streamlining which would remove some of the
4 democratic powers.
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6 Richard Brawn, Petaluma, spoke about the City's fiscal responsibility and the deterioration on
7 infrastructure.
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9 Shelly Campbell, Petaluma, spoke about change and said that there are entities in place that
10 are hindering the work that the citizens would like to see happen. She said that the City Council
1 1 needs to look at the positives and negatives of all projects. She asked to see "thoughtful
12 growth."
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14 Marie McCusker, Petaluma Downtown Association, Petaluma, gave an update on the PDA's
15 production of Butter and Eggs Day activities scheduled for April 25th and it is themed "Recycle,
16 Reuse and Remember."
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18 Tom Corbett, Petaluma, spoke on behalf of Sesquicentennial Committee to bring attention to
19 the last three events they are having.
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21 Mayor Torliatt
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23 Holly Wick, Athletic Soles, Petaluma, spokesperson for I -Walk Petaluma, said their website not up
24 yet but will be announced on Petaluma 360. Please email holly@athleticsoles.com if you have a
25 walk to suggest.
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27 Zen Destiny, Petaluma, called for the arrest, detention and trial of Dick Cheney for treason and
28 planning and being part of the attack on America of 9-11. He also talked about the Obama
29 administration and the treasury.
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31 Garth Webb, Petaluma, worked at the Sheraton Petaluma from October 2006 to May 2008. He
32 originally thought they paid a living wage but found them to be a company that paid
33 substantially below a living wage. He believes the Sheraton is an anti -labor environment, a toxic
34 environment and a racist environment that exploits immigrant labor.
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36 Katherine Bobrowski, Petaluma, was concerned about dogs with no leash, vehicles parking in
37 the firelanes, drug dealers and illegal residents in her mobile home park.
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39 Joan Wagenknecht, Petaluma, stated that she also lives at Little Woods Mobile Home Park. She
40 said that there was a truck parked in fire lane, she called the police and said they did not
41 respond. She believes there are illegal residents living in at least 15 spaces in the park.
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43 Wayne Clark, Petaluma, said he would start a recall campaign against the "Gang of
44 Three" County Supervisors. He commented on both the Argus -Courier and Press Democrat.
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46 Connie Madden, Petaluma Independent Business Alliance, Petaluma, wanted to give
47 information about their upcoming Economic Summit scheduled for April 17 and 18 at the
48 Community Center, and the Thursday night forum in Santa Rosa at Legacy Center at 7:00 p.m.
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50 Mary Glardon, Petaluma, stated that the Deer Creek Plaza new owners have been meeting
51 individually with SPARC members and staff. They were told to meet with the neighbors but they
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March 16, 2009
Vol. XX, Page 5
didn't make any changes based on neighbors' input. She said that the neighbors have asked to
be notified but they are not receiving anything.
COUNCIL COMMENT
Council Member Healy
Council Member Glass
Council Member Harris
Council Member Renee
City Manager Brown
Council Member Renee
City Manager Brown
Mayor Torliatt
Council Member Renee
Council Member Rabbitt
Vice Mayor Barrett
CITY MANAGER COMMENT
None.
1. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, April 6, 2009.
Mayor Torliatt
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, April 6, 2009, amended to move the NEW BUSINESS item, "Resolution
Approving Revisions to Title 9, Animal Regulations, of the Petaluma Municipal
Code," to be the first item under NEW BUSINESS.
Moved by Teresa Barrett, seconded by Mike Healy.
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Ren6e; Pamela Torliatt
No: None
Abstain: None
Absent: None
Vol. XX, Page 6
March 16, 2009
1 2. CONSENT CALENDAR
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3 A. Resolution 2009-027 N.C.S. Endorsing the Goals of Health Action and Supporting
4 Community Walking. (Torliatt/Brown)
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6 B. Resolution 2009-028 N.C.S. Approving Application to Caltrans Division of
7 Aeronautics for Matching Grant to AIP-19. (Marengo/Patterson)
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9 C. Resolution 2009-032 N.C.S. Declaring Weeds Growing Upon Parcels of Public and
10 Private Property a Public Nuisance. (Anderson/Fergus) - Removed for discussion.
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12 D. Resolution 2009-029 N.C.S. Approving Cruising the Boulevard, Inc. Car Show and
13 Cruise Set for May 16, 2009. (Hood/Lyons)
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15 E. Resolution 2009-030 N.C.S. Amending City of Petaluma Records Retention
16 Schedule to Update Retention of Information in the Shared Database of the
17 Sonoma County Public Safety Consortium, (SCPSC) Joint Powers Authority.
18 (Hood/Sears)
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20 F. Resolution 2009-031 N.C.S. Approving Allocation of Finance Director Position and
21 Job Description. (Brown/Robbins)
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23 Council Member Ren6e asked to pull CONSENT CALENDAR Item 2.0 for discussion.
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25 Motion: Approve CONSENT CALENDAR Items 2.A, 2.13, 2.11), 2.E, and 2.F.
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27 Moved by David Rabbitt, seconded by Teresa Barrett.
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29 Vote: Motion carried 7-0.
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31 Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy;
32 David Rabbitt; Tiffany Ren6e; Pamela Torliatt
33 No: None
34 Abstain: None
35 Absent: None
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37 Council Member Ren6e (Item 2.C)
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39 Motion: Approve C. Resolution 2009-032 N.C.S. Declaring Weeds Growing Upon Parcels
40 of Public and Private Property a Public Nuisance.
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42 Moved by Tiffany Ren6e, seconded by Teresa Barrett.
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44 Vote: Motion carried 7-0.
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46 Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy;
47 David Rabbitt; Tiffany Ren6e; Pamela Torliatt
48 No: None
49 Abstain: None
50 Absent: None
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March 16, 2009
Vol. XX, Page 7
1 3. UNFINISHED BUSINESS
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3 A. Discussion and Possible Action Regarding an Appeal by Scot Stegeman
4 Representing Alicia Herries and the EI Rose/Hayes Lane Coalition of a Decision of
5 the Site Plan and Architectural Review Committee to Approve the Northbridge
6 Office Project located at 30 West EI Rose, for an Addition to an Existing Structure,
7 APN 008-480-039. (Moore/Borba) - Continued from the March 2, 2009 City
8 Council Meeting.
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10 Mayor Torliatt
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Council Member Harris recused himself and left the dais.
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traffic incidents coming around the corner at Hayes Lane and learned that
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Public Comment on Item 3.A
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to the neighbors' accounts of traffic safety in the area of EI Rose and Hayes Lane.
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Terry Kosewic, SPARC Member, Petaluma, asked that if the Council decides to
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change the rules and not allow construction, that's fine, but if Council decides
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that SPARC erred in their decision, he would like to know where the error was.
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supposed to step back and look at the impact of the whole project?
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Jack Rittenhouse, Planning Commission Liaison to SPARC, Petaluma, said he
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brings development projects forward himself and goes through the same process.
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A proposal is subjected to much review and extensive SPARC review and it is
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approved within the limits of SPARC's purview.
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Tom Sipes, Petaluma, said he was here, not as a professional, but wanted to
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"ditto" the previous speaker, Jack Rittenhouse.
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Rick Edwards, Petaluma, is upset by the unkind comments he has seen in letters
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against the coalition. He said he was glad to have Alicia Kae Herries and the
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entire coalition as neighbors and Petaluma should be proud to have them as
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citizens.
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Alan Tilton, Forestville, spoke about sight distance of the driveway onto Hayes.
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The oak tree does need to be pruned back a bit, but there is adequate sight
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distance. He suggesting having people enter on Hayes and exit on EI Rose.
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George Beeler, AIM Associates, Architect, Petaluma, wanted to address issues
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that will come up in similar projects. He said that we need to be careful on how
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we move ahead on this project because it affects other infill projects.
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David Harris, Petaluma, said he has called the Police Records Department about
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traffic incidents coming around the corner at Hayes Lane and learned that
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reports are only kept for 3 years. He wanted to stress that the Council give credit
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to the neighbors' accounts of traffic safety in the area of EI Rose and Hayes Lane.
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Shelly Campbell, Petaluma, said that appealing is part of the process, and would
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like to know if some of the concerns are not within SPARC's purview, who is
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supposed to step back and look at the impact of the whole project?
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Mary Dooley, Architect, spoke on behalf of applicant.
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Scot Stegeman, Sebastopol, spoke on behalf of the appellant.
Vol. XX, Page 8 March 16, 2009
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Rose Leia, Counsel for Appellant, introduced herself to the Council.
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Mayor Torliatt
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City Attorney Danly
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City Attorney Danly
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Mayor Torliatt
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Council Member Ren6e
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City Attorney Danly
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Council Member Ren6e
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City Attorney Danly
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Director Moore
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Mayor Torliatt
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Council Member Healy
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Ms. Dooley
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Council Member Healy
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Ms. Dooley
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Steve LaFranchi, Steven J. LaFranchi & Associates, spoke on behalf of the
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applicants.
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Council Member Healy
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Council Member Ren6e
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Mr. LaFranchi
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Council Member Ren6e
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Mayor Torliatt
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Vice Mayor Barrett
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Ms. Dooley
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Vice Mayor Barrett
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March 16, 2009
Vol. XX, Page 9
1 Ms. Dooley
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3 Vice Mayor Barrett
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5 Mayor Torliatt
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7 Ms. Dooley
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9 Mayor Torliatt
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1 1 Vice Mayor Barrett
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13 Council Member Glass
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15 Council Member Healy
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17 Council Member Rabbitt
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19 Council Member Ren6e
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21 Mayor Torliatt
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23 Council Member Ren6e
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25 Council Member Glass
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27 Mayor Torliatt
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29 City Attorney Danly
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31 Mayor Torliatt
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33 Council Member Glass
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35 Mayor Torliatt
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37 Council Member Ren6e
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39 Mayor Torliatt
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41 Council Member Healy
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43 Mayor Torliatt confirmed that there was Council consensus to move Item 4.11 (Development
44 Code Advisory Committee Recommendations) from tonight's agenda to a Special City Council
45 Meeting on Monday, March 30, 2009 at 7:00 p.m.
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47 Council Member Healy
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49 Ms. Dooley
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51 Council Member Healy
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Vol. XX, Page 10
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City Attorney Danly
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Council Member Renee
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Council Member Healy
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Ms. Dooley
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Mayor Torliatt
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Council Member Renee
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Council Member Healy
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Director Moore
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Council Member Renee
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Vice Mayor Barrett
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Council Member Rabbitt
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Mayor Torliatt
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Council Member Renee
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City Attorney Danly
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Vice Mayor Barrett
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Council Member Renee
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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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City Attorney Danly
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Mayor Torliatt
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Ms. Dooley
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Council Member Rabbitt
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Mayor Torliatt
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Council Member Renee
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City Attorney Danly
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March 16, 2009
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March 16, 2009
Council Member Ren6e
Council Member Ren6e
Council Member Ren6e
City Attorney Danly
Council Member Ren6e
Council Member Healy
City Attorney Danly
Mayor Torliatt
Vice Mayor Barrett
Vol. XX, Page 1 1
Motion: Approve A. Resolution 2009-033 N.C.S. Denying the Appeal by Scot
Stegeman On Behalf of Alicia Herries and the EI Rose/Hayes Lane Coalition of the
Decision of the Site Plan and Architectural Review Committee to Approve the
Northbridge Office Project Located at 30 EI Rose, APN 008-480-039, with findings
and conditions of approval as amended.
Moved by Mike Healy, seconded by Teresa Barrett.
11-IFINI �i• d e * CT*K'&A
Yes: Teresa Barrett; Mike Healy; David Rabbitt; Tiffany Ren6e
No: David Glass; Pamela Torliatt
Abstain: Mike Harris
Absent: None
Council Member Glass
Council Member Healy
Council Member Harris returned to the dais.
Item 3.0 was heard next.
C. Resolution 2009-034 N.C.S. Approving a Revised Project Budget for the
Washington Street 16 -inch Water Main and Sewer Cured -In -Place Pipeline Project
(C501008) and Authorizing the City Manager to Execute Amendment No. 2 to the
Professional Design Services Agreement with Winzler & Kelly for Additional
Construction Management Services to Account for Unanticipated Utility Conflicts.
(Gothard/Scherzinger/Ban)
Mayor Torliatt
Motion: Approve C. Approving a Revised Project Budget for the Washington Street
16 -inch Water Main and Sewer Cured -In -Place Pipeline Project (C501008) and
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Vol. XX, Page 12
March 16, 2009
Authorizing the City Manager to Execute Amendment No. 2 to the Professional
Design Services Agreement with Winzler & Kelly for Additional Construction
Management Services to Account for Unanticipated Utility Conflicts.
Moved by David Glass, seconded by Mike Healy.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Ren6e; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Vice Mayor Barrett
4. NEW BUSINESS
A. Appointments to City Boards, Commissions, and Committees. (Cooper)
Mayor Torliatt
City Clerk Claire Cooper
Motion: Appoint Angel Allison to the Animal Services Advisory Committee to
complete a 3 -year term expiring June 30, 2010 (Resolution 2009-035 N.C.S.).
Moved by Teresa Barrett, no second required.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Ren6e; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
City Clerk Cooper collected the ballots for the Recreation, Music, and Parks
Commission, and announced the vote as follows:
Vice Mayor Barrett: David Martin
Council Member Glass: David Martin
Council Member Harris: David Martin
Council Member Healy: Linda Lipps
Council Member Rabbitt: David Martin
Council Member Ren6e: David Martin
Mayor Torliatt: David Martin
City Attorney Danly tallied the votes and announced that David Martin had been
appointed to the Recreation, Music, and Parks Commission to complete a four-
year term expiring June 30, 2009 (Resolution 2009-036 N.C.S.).
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March 16, 2009
Vol. XX, Page 13
Jaimey Walking Bear, Petaluma, introduced himself as a candidate for the
Technology and Telecommunications Advisory Committee.
City Clerk Cooper collected the ballots for the Technology and
Telecommunications Advisory Committee, and announced that Council had
voted unanimously to appoint Jaimey Walking Bear to complete the two-year
term expiring June 30, 2009 (Resolution 2009-037 N.C.S.).
Discussion lvRd CA!lible Direction Gr Development Code Advisory Committee
Recommendations (Meere Whitc _ This item was moved to a Special Meeting to
be held Monday, March 30, 2009 at 7:00 p.m.
Motion: Continue the meeting past 1 1 p.m., as required by Council's Rules, Policies, and
Procedures.
Moved by Teresa Barrett, seconded by Tiffany Ren6e.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Ren6e; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
3. UNFINISHED BUSINESS, continued
Resolution 2009-038 N.C.S. Endorsing and Adopting Council's Goals and Priorities.
(Brown)
City Manager Brown
Public Comment on Item 3.11
Richard Brawn, Petaluma, said that one of the key elements is trust between the
Council and the public. He said that the Council must be "the guardians of
policy."
Zen Destiny, Petaluma, said he values Mr. Brown and his ability to clarify and
synthesize your individual collective will and keep things out in front of us. Further
he said, "Don't surrender the right of a super minority to place agenda items on
the agenda." He said he has issues with legitimizing the use of "climate change",
which is questionable science.
Mayor Torliatt
City Manager Brown
Council Member Ren6e
Council Member Harris
Vol. XX, Page 14 March 16, 2009
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Vice Mayor Barrett
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Council Member Rabbitt
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City Manager Brown
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Council Member Rabbitt
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City Manager Brown
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Mayor Torliatt
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Vice Mayor Barrett
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Council Member Glass
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Council Member Ren6e
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Council Member Harris
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Mayor Torliatt
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City Manager Brown
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Mayor Torliatt
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Vice Mayor Barrett
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Mayor Torliatt
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City Manager Brown
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Mayor Torliatt
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City Manager Brown
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Mayor Torliatt
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City Manager Brown
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Mayor Torliatt
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Motion: Approve B. Resolution 2009-038 N.C.S. Endorsing and Adopting Council's
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Goals and Priorities.
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Moved by Teresa Barrett, seconded by David Glass.
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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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March 16, 2009 Vol. XX, Page 15
No: None
Abstain: None
Absent: None
OLOVI ►1
The meeting was adjourned at 11:45 p.m.
ATTEST:
Claire Cooper, CMC, City Clerk
Pamela Torliatt, Mayor