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HomeMy WebLinkAboutStaff Report 1.A 02/06/20061 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 LA February 6, 2006 a0� City of Petaluma, California MEETING OF THE CITY COUNCIL/ I85a PETALUMA COMMUNITY DEVELOPMENT COMMISSION/ PETALUMA PUBLIC FINANCING CORPORATION Draft City Council/PCDC/PPFC Minutes Monday, January 23, 2006 Regular Meeting JANUARY 23, 2006 AFTERNOON SESSION CALL TO ORDER - 3:00 p.m. A. Roll Call Present: David Glass, Mike Harris, Mike Healy, Karen Nou, Mike O'Brien, Pamela Torliatt Absent: Keith Canevaro B. Pledge of Allegiance Council Member O'Brien Mayor Glass announced that at the request of Council Member Torliatt, the meeting would be adjourned in memory of Gene Benedetti, Soenke Boysen, and Jeanette Loew. PUBLIC COMMENT None. COUNCIL COMMENT Council Member Torliatt CITY MANAGER COMMENT None. AGENDA CHANGES AND DELETIONS (To current agenda only) Mayor Glass announced that Item 5D had been pulled from the agenda and suggested pulling Item 4A because not all Council Members were present. Council agreed. Council Member O'Brien suggested pulling Item 4C because Vice Mayor Canevaro was not present. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Vol. XX, Page 2 Mayor Glass City Manager Bierman Mayor Glass Council Member Nau City Manager Bierman Council Member Healy January 23, 2006 It was decided that Item 4C would remain on the current agenda. APPROVAL OF MINUTES A. Approval of Minutes of Special City Council Meeting of January 5, 2006. MOTION: Approve Item I Minutes of Special City Council Meeting of January 5, 2006. Moved by Pamela Torliatt, seconded by Mike Healy. Vote: Motion carried 6-0. Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: Keith Canevaro B. Approval of Minutes of Regular City Council/PCDC Meeting of January 9, 2006. MOTION: Approve Item 1 B Minutes of Regular City Council/PCDC Meeting of January 9, 2006. Moved by David Glass, seconded by Pamela Torliatt. Vote: Motion carried 6-0. Yes: David Glass; Mike Harris; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: Keith Canevaro Abstain: Mike Healy 2. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of February 7, 2006. Council Member Torliatt City Manager Bierman 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 23, 2006 Vol. XX, Page 3 MOTION: Approve Item 2A Proposed Agenda for Regular City Council/PCDC Meeting of February 7, 2006 with the addition of the Council Liaison Appointments item removed from the current agenda. Moved by Pamela Torliatt, seconded by Mike Harris. Vote: Motion carried 6-0. Yes: David Glass; Mike Harris; Mike Healy; Karen Nou; Mike O'Brien; Pamela Torliatt No: None Absent: Keith Canevaro 3. CONSENT CALENDAR A. Resolution 2006-009 N.C.S. Approving Claims and Bills for December 2005. (Carmichael) B. Discussion and Direction on Possible Adoption of Proclamation by City Council of Termination of Local Emergency. (Donly) C. Resolution 2006-010 N.C.S. Re -Approval of City's Investment Policy. (Carmichael) D. Resolution 2006-011 N.C.S. Accepting Completion of the Leghorns Park Project. (Carr) E. Resolution 2006-015 N.C.S. Accepting Completion of the Denman Reach Phase 3 Improvements Project. (Tuft) - Pulled for discussion. F. Resolution 2006-012 N.C.S. Accepting Completion of the Interim Aerator Improvement Project. (Ban) G. Resolution 2006-013 N.C.S. Approving the Final Map for the Lindberg Circle Subdivision. (Marengo/Bates) H. Resolution 2006-014 N.C.S. Accepting Completion of the On -Call Pavement Maintenance Contract for FY 04-05, Project No. 04-C500500-01. (Marengo/Lockie) Resolution 2006-016A N.C.S. Adopting City Policy for Advertising on City Buses and in Parking Structures, and Resolution 2006-016B N.C.S. Awarding City Bus Advertising Contract to Provide Advertising on Petaluma Transit Buses and to Place Advertising Inside the Keller Street Parking Structure. (Marengo/Ryan) -Pulled for discussion. J. Introduction (First Reading) of Ordinance 2231 N.C.S. Authorizing the Sale of City Owned Parcel at 418 5th St. (Marengo) Council Member Torliatt asked to pull Consent Calendar Items 3E and 31 for discussion. Vol. XX, Page 4 January 23, 2006 MOTION: Approve Consent Calendar Items 3A, 3B, 3C, 3D, 3F, 3G, 3H, and 3J. 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 Absent: Keith Canevaro Items Pulled for Discussion E. Resolution 2006-015 N.C.S. Accepting Completion of the Denman Reach Phase 3 Improvements Project. (Tuft) Council Member Torliatt Pamela Tuft, Director of General Plan Administration MOTION: Approve Item 3E Resolution 2006-015 N.C.S. Accepting Completion of the Denman Reach Phase 3 Improvements Project. Moved by Pamela Torliatt, seconded by Mike O'Brien. Vote: Motion carried 6-0. Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: Keith Conevaro Resolution 2006-016A N.C.S. Adopting City Policy for Advertising on City Buses and in Parking Structures, and Resolution 2006-016B N.C.S. Awarding City Bus Advertising Contract to Provide Advertising on Petaluma Transit Buses and to Place Advertising Inside the Keller Street Parking Structure. (Marengo/Ryan) Council Member Torliatt Council Member Healy City Attorney Eric Danly Council Member Torliatt City Attorney Danly Council Member Torliatt MOTION: Approve Item 31 Resolution 2006-016A N.C.S. Adopting City Policy for Advertising on City Buses and in Parking Structures, and Resolution 2006-0168 N.C.S. Awarding City Bus Advertising Contract to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 4. January 23, 2006 Vol. XX, Page 5 Provide Advertising on Petaluma Transit Buses and to Place Advertising Inside the Keller Street Parking Structure. Moved by Pamela Torliatt, seconded by Karen Nau. Council Member Healy Bob Stowe, City Bus Advertising Council Member Healy Mr. Stowe Council Member Healy Mayor Glass Public Comment Bill Greene, Petaluma, spoke about the potential for abuse of advertising by individuals seeking public office. Council Member Healy Vote: Motion carried 6-0. Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: Keith Conevaro UNFINISHED BUSINESS A. rt+�Reil Appointments to Citizen a a;es-(floards Qommittees and Commissions). -Moved to the February 6, 2006 meeting. B. Ellis Creek Water Recycling Facility Monthly Verbal Update. (Ban/Orr) Margaret Orr, Water Resources and Conservation Department Engineering Manager, presented the update. Council Member Torliatt Ms. Orr Council Member Torliatt C. Resolution 2006-017 N.C.S. Authorizing the City Manager to Enter into an Agreement with Resource Performance Partners, Inc. for the Development of a "Green Building" Program for the City of Petaluma. (Moore) - Continued from the January 9, 2006 Council Meeting. Vol. XX, Page 6 January 23, 2006 Mike Moore, Community Development Department Director, presented the staff report. Council Member Nau Director Moore Council Member Nau Director Moore Council Member O'Brien Director Moore Council Member O'Brien Director Moore Mayor Glass Council Member Healy Council Member Torliatt Council Member Nau Council Member Torliatt Director Moore Council Member Healy Director Moore Council Member Nau Mayor Glass Public Comment Bill Wolpert, Petaluma, in support of a Green Building Program. Connie Madden, Petaluma, in support of a Green Building Program Pete Gang, Common Sense Design, Petaluma, in support of a Green Building Program. John Mills, Petaluma, recommended that unless the City institutes a mandatory Green Building Program, the City should provide guidelines for green building, without spending funds on a Green Building Program. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 23, 2006 Vol. XX, Page 7 Council Member Torliatt Mr. Mills Joe Durney, Petaluma, in support of a Green Building Program. Bill Kortum, Petaluma, in support of a Green Building Program. Mayor Glass took a "Straw Vote" of Council on this item: • Council Member Healy - yes • Council Member Nau - yes • Council Member Torliatt - yes • Mayor Glass - yes • Council Member Harris - no • Council Member O'Brien - no MOTION: Approve Item 4C Resolution 2006-017 N.C.S. Authorizing the City Manager to Enter into an Agreement with Resource Performance Partners, Inc. for the Development of a "Green Building" Program for the City of Petaluma. Moved by Mike Healy, seconded by Pamela Torliatt. Council Member Torliatt Council Member Nau Vote: Motion carried 4-2. Yes: David Glass; Mike Healy; Karen Nau; Pamela Torliatt No: Mike Harris; Mike O'Brien Absent: Keith Conevaro Mayor Glass Council Member Torliatt Council Member O'Brien Council Member O'Brien recused himself and left the dais. 5. NEW BUSINESS A. Resolution 2006-018 N.C.S. Approving Non -Exclusive Franchise Agreement Requirements for Drop Box Collection of Construction Debris and/or Commercial Recyclable Materials. (Bierman/Beatty) Gene Beatty presented the staff report. Mayor Glass Council Member Torliatt 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Vol. XX, Page 8 January 23, 2006 Public Comment Barry Adams, Industrial Carting, Santa Rosa, asked that Council add "Cleanup, clearing, landscaping, yard renovation, pruning, gardening and other activities related to the care and maintenance of property" to the non-exclusive franchise agreement so that only those haulers who have been approved by the City and entered into a non-exclusive franchise agreement will be allowed to provide those services. Mayor Glass Ernie Carpenter, Industrial Carting, Santa Rosa, in support of adding the wording as suggested by Mr. Adams. Mayor Glass MOTION: Approve Item 5A Resolution 2006-018 N.C.S. Approving Non - Exclusive Franchise Agreement Requirements for Drop Box Collection of Construction Debris and/or Commercial Recyclable Materials amended to include, "Cleanup, clearing, landscaping, yard renovation, pruning, gardening and other activities related to the care and maintenance of property." Moved by Pamela Torlialt, seconded by Mike Harris. Council Member Healy Mayor Glass Vote: Motion carried 5-0. Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Pamela Torliatt No: None Abstain: Mike O'Brien Absent: Keith Conevaro Council Member O'Brien returned to the dais Resolution 2006-019 N.C.S. Approval of Capital Asset Policy. (Carmichael) Steven Carmichael, Administrative Services Director, presented the staff report. MOTION: Approve Item 5B Resolution 2006-019 N.C.S. Approval of Capital Asset Policy. (Carmichael) Moved by Mike Healy, seconded by Mike Harris. Vote: Motion carried 6-0. Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 23, 2006 Vol. XX, Page 9 No: None Absent: Keith Canevaro C. Resolution 2006-020 N.C.S. and PCDC Resolution 2006-03 Authorizing the City Manager/Executive Director to Establish a Construction Contract Change Order Policy and Resolution 2006-021 N.C.S. and PCDC Resolution 2006-04 Authorizing the City Manager/Executive Director and Designees of the City Manager Pursuant to Established Change Order Policy to Execute Specific Construction Contract Change Orders. (Marengo) City Manager Bierman presented the staff report. Council Member Torliatt City Manager Bierman Council Member Torliatt Mayor Glass Council Member Torliatt Vince Marengo, Director, Public Works Department Council Member Torliatt Director Marengo Council Member Torliatt City Manager Bierman Council Member Torliatt City Manager Bierman Director Marengo City Manager Bierman Council Member Torliatt Director Marengo City Manager Bierman Council Member Torliatt City Manager Bierman Margaret Orr, Water Resources and Conservation Engineering Manager Vol. XX, Page 10 January 23, 2006 Council Member Torliatt Ms. Orr City Manager Bierman Council Member Torliatt Director Marengo Council Member Healy City Manager Bierman Council Member Torliatt City Attorney Eric Danly Council Member Torliatt City Manager Bierman Council Member Torliatt Administrative Services Director Steven Carmichael Council Member Healy MOTION: Approve Item 5C Resolution 2006-020 N.C.S. and PCDC Resolution 2006-03 Authorizing the City Manager/Executive Director to Establish a Construction Contract Change Order Policy and Resolution 2006-021 N.C.S. and PCDC Resolution 2006-04 Authorizing the City Manager/Executive Director and Designees of the City Manager Pursuant to Established Change Order Policy to Execute Specific Construction Contract Change Orders. Moved by Mike Healy, seconded by Karen Nau. Council Member O'Brien Joyce Clark, Capital Improvements Division Manager, Public Works Department Council Member O'Brien City Attorney Danly Council Member O'Brien City Attorney Danly Council Member O'Brien 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 23, 2006 Ms. Clark City Attorney Danly Council Member O'Brien Director Marengo Council Member O'Brien City Manager Bierman Council Member O'Brien Council Member Torliatt Vol. XX, Page 11 AMENDED MOTION: Council Member Healy amended his motion to change the word establish to implement on both resolutions; notice to be given to Council in writing within 5 business days when the 8070 contingency threshold is triggered on a project; direct that change orders be defined to prevent "piecemeoling." Council Member Nau amended her second to reflect those changes. Council Member Torliatt asked that a Change Order Policy for other types of contracts be adopted. Mayor Glass agreed that this would be agendized for a future Council Meeting. Council Member O'Brien Council Member Healy Council Member O'Brien City Manager Bierman Mayor Glass Vote: Motion carried 6-0. Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: Keith Conevaro D. DIseussier+ead Ac -Lien AryHreu n +� ° o aF Two Way -Traffic -on Wle• Street, Between w ti ngton Streeto„--and#lie-Keller Street Pa ng G,arege. (MeFeRge) This item was removed from the agenda and will be rescheduled. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Vol. XX, Page 12 January 23, 2006 Council Member Harris recused himself and left the dais. E. Resolution 2006-022 N.C.S. Allowing a Residential Sanitary Sewer Connection Outside the Urban Growth Boundary for L. Lawrence Braun at 2461 Western Ave. (APN 020-030-016). (Marengo) Craig Spaulding, Development Engineering Division Manager, Public Works Department, presented the staff report. Mayor Glass Council Member Torliatt L. Lawrence Braun, Petaluma, Applicant Mr. Spaulding Council Member Torliatt Mr. Braun spoke regarding the location of the hook-up. MOTION: Approve Item 5E Resolution 2006-022 N.C.S. Allowing a Residential Sanitary Sewer Connection Outside the Urban Growth Boundary for L. Lawrence Braun at 2461 Western Ave. (APN 020-030-016). Moved by Mike O'Brien, seconded by Mike Healy. Council Member Torliatt Council Member Healy Mayor Glass Mr. Braun Mr. Spaulding Mr. Braun Council Member Torliatt Mr. Spaulding Council Member Healy Mayor Glass Council Member Healy Mayor Glass Mr. Braun 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 January 23, 2006 Vote: Motion carried 4-1. Vol. XX, Page 13 Yes: David Glass; Mike Healy; Karen Nau; Mike O'Brien No: Pamela Torliatt Abstain: Mike Harris Absent: Keith Canevaro Council Member Harris returned to the dais. Council Member Healy left the dais. ADJOURN TO: ANNUAL MEETING OF THE PETALUMA PUBLIC FINANCING CORPORATION 6. NEW BUSINESS A. Annual Meeting of the Petaluma Public Financing Corporation. (Carmichael) Administrative Services Director Steven Carmichael presented the staff report. MOTION: Approve Petaluma Public Financing Corporation Meeting minutes of December 6, 2004. Moved by Pamela Torliatt, seconded by David Glass. Vote: Motion carried 5-0. Yes: David Glass; Mike Harris; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: Keith Conevaro; Mike Healy ADJOURN TO CLOSED SESSION -5:35 p.m. PUBLIC COMMENT None. CLOSED SESSION • CONFERENCE WITH LABOR NEGOTIATORS: Government Code §54957.6. Agency Negotiator: Michael Bierman/Pomala Robbins. Employee Organization: AFSCME. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Vol. XX, Page 14 CALL TO ORDER — 7:00 p.m. A. Roll Call January 23, 2006 JANUARY 23, 2006 EVENING SESSION Present: David Glass, Mike Harris, Mike Healy, Karen Nou, Pamela Torliatt Absent: Keith Canevaro, Mike O'Brien B. Pledge of Allegiance Council Member Harris C. Moment of Silence - In memory of Gene Benedetti, Soenke Boysen, and Jeanette Loew. REPORT OUT OF CLOSED SESSION (Actions Taken) None. PRESENTATION Vital Volunteers Presentation by Chip Atkins for the Organ Donor Program. Chip Atkins, Petaluma DISCUSSION Flood Discussion with Members of Public. Mayor Glass Letter from Al and Pat Everhart, Petaluma, Managers of Leisure Lake Village Mobile Home Park (read by Mayor Glass). Leland Fishman, Petaluma, Owner of Fishman Supply Company, Industrial Avenue, spoke of flooding at his business. Ron Kinyon, Petaluma, GSMOL, wondered how different the flooding would have been if the creeks had been cleaned out. Robert Gilford, Cymatix, Inc., Industrial Avenue, Petaluma, encouraged Council to work on providing better post -flood, post -catastrophe information. Mayor Glass Jackie Pantazes, Penngrove, spoke of severe pipe problems behind Alcatel. Mayor Glass 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 23, 2006 Vol. XX, Page 15 Robert O'Shea, Petaluma, lives in an area with sandy soil, which holds a lot of water. Development in the area has increased runoff and water remains standing much longer. David Lipchitz, Petaluma, stated that Industrial Avenue flooded every winter before anything was built there. Geoff Cartwright, Petaluma, spoke regarding recent flooding. Wayne Rayburn, Petaluma, stated that his home on Petaluma Boulevard flooded one foot above the 100 -year -flood level on New Year's Eve. Mayor Glass Mary Anne Thile, Petaluma, asked why the Fire or Police Departments did not come through her neighborhood with a bullhorn, to warn residents of rising waters. She also asked how recently the creeks have been cleaned out. Diane Spridgen, Petaluma, spoke regarding her experience with flooding in Youngstown Mobile Home Park, and continuing problems with standing water under the houses and in the yards. Brad Koch, BB&K, property owner on Industrial Avenue, Petaluma, said his properties were surveyed as 30 feet above sea level, yet flooded badly. Mary Bransford, Petaluma, resident of Youngstown Mobile Home Park, spoke on recent flooding. Mayor Glass Don German, Petaluma, Owner, GB Iron Works, Petaluma Boulevard North, stated that the property on which his business is located flooded twice between 1962 - 1988, and more than 30 times since 1988. He believes the City needs to work with the County to clean out the channel. John Cheney, Petaluma, thanked the City for flood control project. Council Member Torliatt Cheryl Watts, Petaluma, asked the City's help in getting the Army Corps of Engineers and the Fish and Game Department to dredge the creek beds. Council Member Torliatt Ms. Wafts Council Member Torliatt Bill Greene, Petaluma, expressed a desire to help those who suffered losses in recent flood. He can be contacted by sending e-mail to Mayor Glass at daveglass@comcast.net. 3 Ire, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Vol. XX, Page 16 January 23, 2006 Diane Manjunath, Petaluma, business owner on Industrial Avenue, spoke of flooding at her business. Elizabeth Buckley, Petaluma, resident of Youngstown Mobile Home Park, spoke regarding losses she suffered during the flooding. David Sweeney, Petaluma, President, of Aurora Club Business Center Owners Association, Industrial Avenue, thanked Police, Fire, and other City employees for their actions during the flood. He asked why businesses other than the auto dealers were not notified regarding rising water. Mary Ruppenthal, resident of Youngstown Mobile Home Park, Petaluma, has lived there 18 years, has never had any standing water before. This time she had 3 feet of water in home, and her car totaled. She thanked the Animal Shelter employees who went back and rescued residents' pets. She advised others to check their insurance policies, as flood damage may be covered. Diane Reilly Torres, Petaluma, drove through Youngstown Mobile Home Park and residents said no one from the City, County or State had been out to check on them. She said the City needs a central contact point for people to call for information. Mary Grimes, Petaluma, resident of Petaluma Mobile Estates, said her property backs up the creek and when she moved in there she was told it would not flood. A warning system is needed. Greg Dexter, owner of North Bay Nissan, Petaluma, lost 125 cars in the recent flooding. He spoke of the need for a warning system for local residents - bullhorns - plus a website for business owners to check. Jane Shandler, Petaluma, lives in the Payran area, and is very grateful they didn't flood this year. She reminded Council that "the work that was recommended 22 years ago has still not been done." David Yearsley, Petaluma, spoke about damage to the river, and compost piles behind the auction yard. Paul Laliberte, Petaluma, spoke regarding drainage problems behind Petaluma Mobile Estates. Tom Caudle, Petaluma, stated that in 17 years, no one has taken care of wash behind his mobile home park. He feels that the City should work with County or State or whoever is responsible for taking care of that area - and see that it's cleaned out. Daphne Shapiro, Petaluma, representing Petaluma North and Plaza Shopping Centers, explained that both centers were flooded on December 31 st for the first time in 30 years. The Property Manager for the centers told her he has never seen Washington Creek cleaned out. Apparently it was scheduled for Summer 2005, but was not done and no one from the County will return their calls. She thanked Fire and Police for their help. John Zimmerman, Petaluma, Business Owner on Industrial Avenue, spoke regarding flooding at his business. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 23, 2006 Vol. XX, Page 17 Bryant Moynihan, Petaluma, spoke regarding flooding. Council Member Torliatt Janice Cader-Thompson, Petaluma, spoke regarding flooding. Susan Kirks, Petaluma, spoke regarding runoff into Marin Creek. Donna Bertch, Petaluma, said there should be a system to warn citizens of rising waters. Council Member Torliatt Mrs. Bertch Gloria Robinson, Petaluma, Youngstown Mobile Home Park, thanked the Fire Department, but said there should be a warning system. Jeff Lister, Petaluma, spoke of damage to his work place on Industrial Avenue, and development in the flood plain. David Keller, Petaluma, clarified the meaning of a "100 yearstorm" and spoke of Denman Flats storage. Council Member Torliatt PUBLIC COMMENT Janice Cader-Thompson, Petaluma, spoke regarding Council Member O'Brien's attendance record at North Bay Watershed meetings, and Planning and Airport Commission Meetings. John Bertucci, Petaluma, regarding Council Member Torliatt's removal from her liaison appointments at the January 9th meeting. Kit Lofroos, Petaluma, asked for clarification on how liaison appointments work and what can be done about Council liaisons who do not come to meetings. COUNCIL COMMENT Mayor Glass Council Member Torliatt CITY MANAGER COMMENT None. 7. PUBLIC HEARING A. Resolution 2006-023 N.C.S. Upholding the Appeal by Miller, Starr & Regalia, Representing In -N -Out Burger, of the Planning Commission's Decision to Deny a Sign Variance for an In -N -Out Burger Restaurant at 1010 Lakeville Vol. XX, Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 23, 2006 Highway, APN 005-060-015, 038, File # 05 -APL -0658 -CR. (Moore/Boyle) - Continued from November 21, 2005 meeting. Phil Boyle, Associate Planner, Community Development Department, presented the staff report. Council Member Harris Council Member Torliatt Mr. Boyle Mayor Glass Council Member Healy Council Member Torliatt Michael DiGeronimo, In -N -Out Burgers Council Member Torliatt Mr. DiGeronimo Mayor Glass Mr. DiGeronimo Council Member Torliatt Mr. DiGeronimo Mayor Glass Council Member Torliatt Public Comment John Mills, Petaluma, Planning Commissioner, explained the Planning Commission's process in reaching their decision. Mayor Glass Council Member Torliatt Mr. Boyle Council Member Healy Council Member Nau Council Member Harris 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 23, 2006 Council Member Torliatt Mayor Glass Council Member Healy City Attorney Danly Council Member Torliatt Mayor Glass Council Member Healy Mr. DiGeronimo Council Member Healy Vol. XX, Page 19 MOTION: Approve Item 7A Resolution 2006-023 N.C.S. Upholding the Appeal by Miller, Starr & Regalia, Representing In -N -Out Burger, of the Planning Commission's Decision to Deny a Sign Variance for an In -N -Out Burger Restaurant at 1010 Lakeville Highway, APN 005-060-015, 038, File # 05 -APL -0658 -CR. Moved by Mike Healy, seconded by Karen Nau. Mayor Glass City Attorney Donly Community Development Department Director Mike Moore City Manager Bierman City Attorney Donly Council Member Healy City Attorney Danly Vote: Motion carried 3-2. Yes: Mike Harris; Mike Healy; Karen Nau No: David Glass; Pamela Torliatt Absent: Keith Canevaro; Mike O'Brien City Attorney Danly ADJOURN The meeting was adjourned at 11:00 p.m. in memory of Gene Benedetti, Soenke Boysen, and Jeanette Loew. 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Vol, XX, Page 20 ATTEST: Claire Cooper, CMG City Clerk January 23, 2006 David Glass, Mayor