HomeMy WebLinkAboutStaff Report 1.D 09/12/20051.D
September 12, 2005
y City Of Petlf!Zllma, California
MEETING OF THE CITY COUNCIL
�85a
1 Draft City Council Minutes
2 Monday, August 1, 2005
3 Regular Meeting
4 AUGUST 1, 2005
5 AFTERNOON SESSION
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9 CALL TO ORDER — 3:00 p.m.
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11 A. Rall Call
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13 Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy, Karen Nau,
14 Mike O'Brien, Pamela Torliatt
15 Absent: None
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17 B. Pledge of Allegiance
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19 Council Member Nau
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21 PUBLIC COMMENT
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23 None.
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25 COUNCIL COMMENT
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27 Council Member Nau
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29 Council Member O'Brien
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31 City Attorney Richard Rudnansky
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33 MOTION: To reconsider July 18, 2005 vote on Stephanie McAllister's resignation from the
34 Planning Commission and subsequent withdrawal of that resignation,
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36 Moved by Mike O'Brien, seconded by Mike Harris.
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38 Council Member Torliatt
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40 Mayor Glass
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42 Council Member O'Brien
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Vol. XX, Page 2 August 1, 2005
Council Member Healy
CITY MANAGER COMMENT
None
AGENDA CHANGES AND DELETIONS (To Current Agenda Only)
None.
PROCLAMATION
Petaluma Argus -Courier Day
Vice Mayor Harris
Mayor Glass
Chris Samson, Argus -Courier
APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for City Council Regular Meeting
of September 12, 2005.
MOTION: Approve Proposed Agenda for City Council Regular Meeting of
September 12, 2005.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Conevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
Council Member Healy
2. CONSENT CALENDAR
A. Adoption (Second Reading) of Ordinance 2217 N.C.S. Adopting New
Taxicab Regulations and Amending Chapters 14.04, 14.08, 14.16, 14.20,
14.24 and 14.28 Relating to Taxicab Operations. (Fish/Hood)
B. Adoption (Second Reading) of Ordinance 2219 N.C.S. Authorizing
Purchase of Real Property Offered for Sale Pursuant to Section 37350 of the
Government Code in Connection with Assessor Parcel Numbers 006-284-
028, 006-284-025, 006-284-021, 006-284-034, 006-284-032, and 006-284-035
located on Water Street North, Petaluma. (Marangella)
C. Adoption (Second Reading) of Ordinance 2218 N.C.S. Approving a
Planned Unit District Amendment and Approving the Unit Development
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August 1, 2005
Vol. XX, Page 3
Plan and Development Standards for the Martin Farm Subdivision.
(Moore/Robbe)
D. Resolution 2005-123 N.C.S. Accepting Completion of the 2004-2005 Water
Main Replacement Project. (Ban)
E. Resolution 2005-124 N.C.S. Setting Annual Assessment Rates for
Assessment Districts. (Carmichael)
Resolution 2005-126 N.C.S. Awarding Contract to CDWG for Purchase of
Network Equipment in the Amount of $65,829.00. (Carmichael)
G. Resolution 2005-125 N.C.S. Approving Employment Contract for City
Clerk. (Bierman)
Council Member Torliatt asked to remove Item 2C for discussion.
Council Member Canevaro asked to remove Item 2F for discussion.
Council Member Healy asked to remove Item 2B for discussion.
MOTION: Approve Consent Calendar Items 2A, 2D, 2E, and 2G
Moved by Mike O'Brien, seconded by David Glass.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
Council Member Healy recused himself and left the dais.
MOTION: Approve Item 2B. Adoption (Second Reading) of Ordinance 2219 N.C.S.
Authorizing Purchase of Real Property Offered for Sale Pursuant to Section 37350
of the Government Code in Connection with Assessor Parcel Numbers 006-284-
028, 006-284-025, 006-284-021, 006-284-034, 006-284-032, and 006-284-035 located
on Water Street North, Petaluma.
Moved by Mike O'Brien, seconded by David Glass.
Vote: Motion carried 6-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Abstain: Mike Healy
Council Member Healy returned to the dais.
Council Member Torliatt
Community Development Director Mike Moore
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Vol. XX, Page 4
Council Member Torliatt
City Manager Bierman
August 1, 2005
MOTION: Approve Item 2C. Adoption (Second Reading) of Ordinance 2218 N.C.S.
Approving a Planned Unit District Amendment and Approving the Unit
Development Plan and Development Standards for the Martin Farm Subdivision.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
Council Member Canevaro recused himself and left the dais.
MOTION: Approve Item 2F. Resolution 2005-126 N.C.S. Awarding Contract to
CDWG for Purchase of Network Equipment in the Amount of $65,829.00.
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 6-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Abstain: Keith Canevaro
Council Member Canevaro returned to the dais.
3. PUBLIC HEARING
A. Public Hearing and Confirmation of Cost of Abatement of Weeds. (Ginn)
Fire Marshal Mike Ginn presented the staff report.
MOTION: Approve Resolution 2005-127 N.C.S. Confirmation of Cost of
Abatement of Weeds.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
B. Adoption of Interim Urgency Ordinance 2200 N.C.S. Pursuant to
Government Code Section 65858 Extending for a Period of Twenty-two
Months and Fifteen Days an Interim Urgency Ordinance Adopted by the
City Council on June 20, 2005 Prohibiting Certain Uses That May Be in
Conflict With a Contemplated Amendment to the Zoning Ordinance
("Medical Marijuana Dispensaries"). (Moore)
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August 1, 2005
Vol. XX, Page 5
Community Development Director Mike Moore presented the staff report.
MOTION: Approve Adoption of Interim Urgency Ordinance 2200 N.C.S.
Pursuant to Government Code Section 65858 Extending for a Period of
Twenty-two Months and Fifteen Days an Interim Urgency Ordinance
Adopted by the City Council on June 20, 2005 Prohibiting Certain Uses
That May Be in Conflict With a Contemplated Amendment to the Zoning
Ordinance ("Medical Marijuana Dispensaries").
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
UNFINISHED BUSINESS
A. Appointments to City Boards, Commissions, and Committees. (Cooper) -
(Continued from July 18, 2005 meeting)
1. Two Vacancies on the Public Art Committee.
City Clerk Claire Cooper collected the ballots for the Public Art
Committee and read the results as follows:
Council Member Canevaro: Larry Jonas and Collette Michaud
Mayor Glass: Alison Bies and Collette Michaud
Vice Mayor Harris: Larry Jonas and Collette Michaud
Council Member Healy: Larry Jonas and Collette Michaud
Council Member Now Larry Jonas and Collette Michaud
Council Member O'Brien: Larry Jonas and Collette Michaud
Council Member Torliatt: Alison Bies and Collette Michaud
Mayor Glass announced that Larry Jonas and Collette Michaud had been
appointed to the Public Art Committee.
Council Member Torliatt
Discussion and Possible Action Regarding Adoption of a Solar Policy.
(Moore)
Community Development Director Mike Moore presented the staff report.
Council Member Healy
Vol. XX, Page 6
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August 1, 2005
Director Moore
Council Member Torliatt
Vice Mayor Harris
Council Member Healy
Mayor Glass
Council Member O'Brien
MOTION: Require all new residential units in major subdivisions to
be designed and wired to accommodate solar energy systems.
Developers of such projects to offer photovoltaic systems as an option to
home buyers, and to proactively market this option. SPARC to consider
the potential installation of rooftop solar photovoltaic panels in its review
of projects. This would include issues such as rooftop orientation and
landscaping plans/tree selection. CC&R's also to be "solar friendly." The
City to offer a rebate program to homeowners in the redevelopment
agency areas, to be paid out of redevelopment funds. Homeowners
installing a minimum 1 kW system shall be entitled to a $500 rebate. A cap
of $10,000 per year to be imposed, with rebates awarded on a first come,
first served basis.
Moved by Pamela Torliatt, seconded by Mike Healy.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
Council Member Canevaro
Mayor Glass
Council Member Healy
Mayor Glass
City Manager Bierman
Council Member Healy
Public Comment
Hank Flum, Petaluma, explained how he constructed wired his new house
in Ft. Bragg for solar power.
Council Member Healy
August l,2005
Val. XX, Page 7
0ndnWUzoniSolar Depot, Petaluma, expressed her company's
appreciation for Council supporting a Solar Policy,
4 Council Member ToMiatt
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6 MOTION: Torequire installation ufso|o/panels onominimum o[l0%of
7 units inall new major eoidentioisubdividVndeve\upmenb.
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9 Moved bvPamela Todialtseconded bvDavid Glass.
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l) Council Member Healy
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13 Mayor Glass
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16 Council Member Conevono
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17 Council Member TorDott
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19 Mayor Glass
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21 Council Member Healy
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23 Vote: Motion failed 2'S.
24 Yes: David Glass; Pamela Todiatt
25 No: KeiihConevnro; Mike Harris: Mike Healy: Karen Nou;
26 Mike O'Brien
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28 C. Ellis Creek Water Recycling Focl|ih/ Project. /Bon/Dni
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30 Mike Ban, Director mfWater Resources and Conservation, introduced
31 those who have worked onthe project.
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33 Council Member TodioM
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35 Ms. Orr
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37 Council Member Todim#
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39 Mayor Glass
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41 Margaret Orr, Water Resources and Conservation Engineering Manager,
42 presented the staff report.
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44 l. Reso\ohon2O05~l30kU.C.S,Certifying the 2806Construction Addendum
45 tothe Water Recycling Facility and River Access Improvements E|R;
46 Approving the Project Revidons; Making Finding ofFact; and Adopting
47 oRevised mitigation Monitoring Program Therefore. (BUn/On)
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49 Ms. Orr
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61 Council Member Tod|nM
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Vol. XX, Page 8 August 1, 2005
Ms. Orr
Council Member Torliatt
Ms. Orr
Mayor Glass
2. Resolution 2005-131 N.C.S. Awarding the Construction Contract for the
Ellis Creek Water Recycling Facility to Kiewat Pacific Company.
(Ban/Orr)
Ms. Orr
Mayor Glass
Ms. Orr
Mayor Glass
Ms. Orr
Council Member Canevaro
3. Resolution 2005-132 N.C.S. Authorizing the Borrowing of Funds in an
Amount Not to Exceed $100,000,000 Under Two Separate Line of
Credit to Finance Ellis Creek Water Recycling Facility Construction and
Related Expenses, and Authorizing Official Actions Thereto. (Ban/Orr)
Director Ban
Council Member Torliatt
Director Ban
Council Member Torliatt
Mayor Glass
Vice Mayor Harris
Director Ban
Council Member Healy
4. Resolution 2005-134 N.C.S. Authorizing the City Manager to Execute a
Professional Services Agreement with The Covello Group for
Construction Management and Inspection Services in Support of
Construction of the Ellis Creek Water Recycling Facility. (Ban/Orr
Ms. Orr
August 1, 2005
Vol. XX, Page 9
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Council Member O'Brien
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Ms. Orr
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Council Member Torliatt
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Ms. Orr
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5, Resolution 2005-135 N.C.S. Authorizing the City Manager to Execute a
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Professional Services Agreement with Corollo Engineers for
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Construction Engineering Services in Support of Construction of the Ellis
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Creek Water Recycling Facility. (Bon/Orr)
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Ms. Orr
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Council Member Torliatt
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Ms. Orr
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Council Member Torliatt
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Ms. Orr
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Council Member Torliatt
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Ms. Orr
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Council Member Torliatt
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City Attorney Rudnansky
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Council Member Torliatt
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City Attorney Rudnansky
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Council Member Torliatt
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City Attorney Rudnansky
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Council Member Torliatt
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Mayor Glass
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City Attorney Rudnansky
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Council Member Torliatt
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Mayor Glass
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Council Member Healy
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Mayor Glass
Vol. XX, Page 10
III
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August 1, 2005
City Attorney Rudnansky
Council Member Torliatt
6. Resolution 2005-136 N.C.S. Authorizing the City Manager to Execute a
Professional Services Agreement with ArcSine Engineering for
Professional Programming Services in Support of Construction of the
Ellis Creek Water Recycling Facility. (Ban/Orr)
Ms. Orr
Council Member Canevaro
Ms. Orr
7. Resolution 2005-137 N.C.S. Authorizing the City Manager to Execute a
Professional Services Agreement with ESA for Environmental Services in
Support of the Construction of the Ellis Creek Water Recycling Facility.
(Ban/Orr)
Ms. Orr
8. Introduction (First Reading) of Ordinance 2221 N.C.S. Authorizing the
City Manager to Execute All Documents Relating To a Grant of
Easement with Bedford Petaluma SPE, Inc. for Access and Installation
of Utilities to Serve the Ellis Creek Water Recycling Facility. (Ban/Orr)
Director Ban
Mayor Glass
Council Member Healy
Public Comment
Director Ban
Stan Gold, Petaluma, expressed concern about inflation in costs of
concrete and steel in recent months and recommended approval of the
entire project at this time.
Gerald Moore, Petaluma Wetlands Alliance, supported approving the
entire project as presented.
Hank Flum, Petaluma, is excited about the project and hopes Council
approves the wetlands.
David Yearsley, Petaluma River Keeper, Petaluma, said Council approval
of this project would be a, "watershed decision," which would leave, "a
legacy for Petaluma citizens and for the Petaluma River and the San
Francisco Bay."
August 1, 2005
Vol. XX, Page 1 1
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Wayne Till, Petaluma Wetlands Alliance, in support of approval of full
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project now.
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Grant Davis, Petaluma, in support of Council approval of full project.
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Council Member Healy
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Mayor Glass
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Public Comment Closed
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Council Member Torliatt
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City Attorney Rudnansky
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Mayor Glass
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Council Member Healy
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Ms. Orr
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Mayor Glass
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Council Member Torliatt
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Council Member O'Brien
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Council Member Conevaro
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Ms. Orr
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Vice Mayor Harris
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Council Member Healy
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Mayor Glass
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Council Member Nau
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Director Ban
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Council Member Nau
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Director Ban
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City Manager Bierman
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Council Member Torliatt
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Council Member Healy
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Vol. XX, Page 12
August 1, 2005
Mayor Glass
Director Ban
Council Member Healy
Council Member Tortiatt asked that future staff direction be given to:
• Explore the potential for sustainable logging.
• Split the draw from credit lines for most advantageous financing.
Look at legislative strategy to push State revolving fund loans
amounts higher and make sure they continue to go forward.
Emphasize need for contractors and consultants accountable to
come very close to budget. if this is not done, she does not want
the City to be paying the extra amounts.
MOTION: Approve items 4C1 through 4C8 with proviso that all costs,
overheads, and financing costs from Bid Alternative I be collected from
new hook-up fees, and not from existing rate payers.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Conevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
5. NEW BUSINESS
A. Tree Advisory Committee 2004 Annual Report. (Anchordoguy)
Kit Lofroos, Petaluma Tree Advisory Committee, presented the report.
Council Member Torliatt
ADJOURN TO CLOSED SESSION
PUBLIC COMMENT
None.
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS: Government Code §54957.6. Agency Negotiator:
Michael Bierman/Pamolo Robbins. Employee Organization: AFSCME, Petaluma Police Officers
Association, Local 1415 IAFF, Public Safety Mid -Management Association.
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Significant Exposure to Litigation
(Government Code §54956.9(b)) - (one matter)
• CONFERENCE WITH LEGAL- INITIATION OF LITIGATION: Pursuant to Government Code
§54956.9(c)) -(one matter)
• CONFERENCE WITH LEGAL COUNSEL • EXISTING LITIGATION: (Government Code §54956.9(0)1
North Bay Construction, Inc, vs. Hronec, et. at (Sonoma County Superior Court Case 9# 234912)
August 1, 2005
Vol. XX, Page 13
1
2 AUGUST 1, 2005
3 EVENING SESSION
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5 CALL TO ORDER — 7:00 P.M.
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7 A. Roll Coll
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9 Present: David Glass, Mike Harris, Karen Nau, Mike O'Brien, Pamela Torliatt
10 Absent: Keith Canevaro, Mike Healy (Healy arrived 7:45 p.m.)
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12 B. Pledge of Allegiance
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14 Council Member O'Brien
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16 C. Moment of Silence
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18 REPORT OUT OF CLOSED SESSION (Actions Taken)
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20 None.
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22 PUBLIC COMMENT
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24 Peter Tscherneff, Petaluma, spoke about prisoners on death row, the morality of capital
25 punishment; the need for politicians to be leaders; animal welfare; migrant workers; AIDS
26 and the Boy Scouts.
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28 Daymon Doss, Petaluma Health Care District, spoke regarding the "Check Up on Health
29 Care" on-line survey.
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31 Council Member Torliatt
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33 Mayor Glass
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35 COUNCIL COMMENT
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37 None.
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39 CITY MANAGER COMMENT
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41 None.
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43 6. PUBLIC HEARING
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45 A. PEP Casa Grande Project: An Application to Amend the General Plan
46 from Urban Standard to Urban High, Amend the Zoning Map from
47 Agricultural to Planned Unit District (PUD), Approve a Unit Development
48 Plan and Development Standards, Adopt a Mitigated Negative
49 Declaration, Adopt a Resolution Authorizing the Submittal of an
50 Application to the California State Department of Housing and
51 Community Development for Funding Under the HOME Investment
52 Partnerships Program in an Amount Not -to -Exceed $4.5 Million, the
Vol. XX, Page 14 August 1, 2005
Execution of a Standard Agreement if Selected for Such Funding and any
Amendments thereto; and any Related Documents Necessary to
Participate in the Home Investment Partnership Program for the
Construction of a 58 -Unit Senior Residential Facility. Located at 400 Casa
Grande Road, Near the Southeast Corner of Casa Grande Road and Ely
Boulevard South. A.P. 017-040-047, File No. 05 -GPA -0041 -CR.
Moore/Boyle)
Community Development Director Mike Moore presented the staff report.
Council Member Torliatt
Vice Mayor Harris
Director Moore
Council Member Nau
Council Member O'Brien
Director Moore
Council Member Torliatt
Mayor Glass
Mary Stompe, Executive Director, PEP Housing
Tony Battaglia, Architect, Archumana, Santa Rosa
Vice Mayor Harris
Mayor Glass
Council Member Torliatt
Mr. Battaglia
Council Member Torliatt
Mr. Battaglia
Council Member Torliatt
Mr. Battaglia
Bill Mastick, Quadriga Landscape Architects, Santa Rosa
Mayor Glass
Mr. Mostick
August 1, 2005 Vol. XX, Page 15
1 Mayor Glass
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3 Ms. Stompe
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5 Council Member Torliatt
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7 Ms. Stompe
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9 Mayor Glass
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11 Ms. Stompe
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13 Mayor Glass
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15 Council Member Torliatt
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17 Mr. Mastick
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19 Mayor Glass
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21 Public Comment
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23 None.
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25 Council Member O'Brien
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27 Council Member Nau
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29 Vice Mayor Harris
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31 Council Member Torliatt
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33 Mr. Battaglia
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35 Council Member Torliatt
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38 Council Member Healyjoined the meeting at 07:45 p.m.
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41 Mr. Battaglia
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43 Council Member Torliatt
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45 Mayor Glass
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47 Council Member Healy
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49 Council Member Torliatt
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51 Mr. Battaglia
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Vol. XX, Page 16
August 1, 2005
1 Council Member Healy
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3 Council Member Torliatt
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5 Council Member O'Brien
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7 Allan Tilton
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9 Mayor Glass
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1 1 Mr. Tilton
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13 Council Member O'Brien
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15 MOTION: Approve, for the PEP Casa Grande Project, Resolution 2005-138
16 N.C.S. Adopting a General Plan Amendment; Resolution 2005-139 N.C.S.
17 Adopting a Mitigated Negative Declaration; Introduction (First Reading)
18 of Ordinance 2222 N.C.S. Adopting a Zoning Map Amendment, Unit
19 Development Plan, and PUD Development Standards (Includes
20 Conditions of Approval); and Resolution 2005-140 N.C.S. Authorizing the
21 Submittal of a HOME Application.
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23 Moved by Pamela Torliatt, seconded by Karen Nau.
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25 Vote: Motion carried 6-0.
26 Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike
27 O'Brien; Pamela Torliatt
28 No: None
29 Absent: Keith Conevaro
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31 7. NEW BUSINESS
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33 A. Discussion and Approval of a Confidentiality/Joint Defense Agreement
34 Between the Nine Sonoma County Cities (Participants) in Connection with
35 the Sonoma County Central Landfill Site and Related Matters. (Bierman)
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37 City Manager Bierman
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39 MOTION: Approve Resolution 2005-141 N.C.S. Approval of a
40 Confidentiality/Joint Defense Agreement Between the Nine Sonoma
41 County Cities (Participants) in Connection with the Sonoma County
42 Central Landfill Site and Related Matters.
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44 Moved by David Glass, seconded by Mike Harris.
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46 Council Member Torliatt
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48 City Manager Bierman
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50 Council Member Torliatt
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52 Council Member Healy
August 1, 2005
Vol. XX, Page 17
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2 Vote: Motion carried 6-0.
3 Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike
4 O'Brien; Pamela Torliatt
5 No: None
6 Absent: Keith Conevaro
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8 B. Discussion and Possible Action Regarding Contract Renewal for Petaluma
9 Community Access (PCA). (Bierman)
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11 City Manager Bierman presented the staff report.
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13 Public Comment
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15 Jennine Lanouette, Executive Director, PCA
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17 Vice Mayor Harris
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19 Director Lanouette
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21 Vice Mayor Harris
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23 Mayor Glass
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25 Council Member O'Brien
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27 Mayor Glass
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29 Council Member O'Brien
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31 Council Member Torliatt
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33 Director Lanouette
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35 Council Member Torliatt
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37 Council Member Healy
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39 Director Lanouette
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41 Council Member Healy
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43 Council Member Nau
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45 Mayor Glass
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Vol. XX, Page 18 August 1, 2005
MOTION: Approve Contract Renewal for Petaluma Community Access
(PCA). PCA will return to Council in 90 days with an update on resolving
issues.
Moved by Pamela Torliatt, seconded by Karen Nau.
Vote: Motion carried 5-1
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Pamela
Torliatt
No: Mike O'Brien
Absent: Keith Conevaro
ADJOURN
The meeting was adjourned at 8:15 p.m.
ATTEST:
Claire Cooper, CMC, City Clerk
David Glass, Mayor