HomeMy WebLinkAboutCity Council Minutes 12/19/20051
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December 19, 2005
ALU
a City of Petaluma, California
MEETING OF THE CITY COUNCIL/
rs5$ PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, December 19, 2005
Regular Meeting
DECEMBER 19, 2005
AFTERNOON SESSION
CALL TO ORDER - 3:00 p.m.
Present: David Glass, Mike Harris, Mike Healy, Karen Nau,
Mike O'Brien, Pamela Torliatt
Absent: Keith Canevaro
B. Pledge of Allegiance
Council Member Healy
PUBLIC COMMENT
Vol. 41, Page 317
Michael Gross, Green Waste Recovery, San Jose, spoke regarding his company's
progress with the new garbage/recycling services.
Mayor Glass
Mr. Gross
Council Member Healy
John Cheney, Petaluma, spoke regarding a notice in the Argus -Courier about changes
to FEMA maps.
Mayor Glass asked for a Moment of Silence for the four teens killed last week's tragic
traffic accident: Adrianna DeLaTorre, Greg Kubeck, Caf o Phelan, Christina Ramirez.
COUNCIL COMMENT
Council Member Torliatt
14111CRITAT_ 6, FTCl4t 41011T1►T1141;ki1
None.
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Vol. 41, Page 318
December 19, 2005
AGENDA CHANGES AND DELETIONS (To current agenda only)
None.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDC Meeting of December
5, 2005.
MOTION: Approve Minutes of Regular City Council/PCDC Meeting of
December 5, 2005, as presented.
Moved by Mike O'Brien, seconded by Pamela Torliatt.
Vote: Motion carried 6-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No: None
Absent: Keith Canevaro
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
January 9, 2006.
City Manager Bierman
Council Member Torliatt
Mayor Glass
MOTION: Approve Proposed Agenda for Regular City Council/PCDC
Meeting of January 9, 2006, as presented.
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
3. CONSENT CALENDAR
A. Resolution 2005-216 N.C.S. Approving Claims and Bills for November,
2005. (Carmichael)
B. Resolution 2005-217 N.C.S. Terminating Weller Street Benefit District. (Danly)
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December 19, 2005
Vol. 41, Page 319
C. Resolution 2005-220 N.C.S. Approving Maximum Rates for the Collection
and Removal of Garbage and Rubbish from Business Establishments and
Places of Residence Pursuant to Petaluma Municipal Code Sections
8.16.210 and 8.16.220. (Bierman)
D. PCDC Resolution 2005-19 Accepting Completion of Residential Street
Rehabilitation Project. (Marengo/Panayotou)
E. Resolution 2005-218 N.C.S. Accepting Completion of Project to Dredge
the Petaluma Marina. (Carr)
F. Resolution 2005-219 N.C.S. of the City Council of the City of Petaluma
Appointing Gene Beatty as Appeals Officer for Business Tax Certificate
Matters Involving Caroline Kirk and Golden Spa. (Bierman)
Council Member O'Brien announced that he would recuse himself for Item 3C.
Council Member Torliatt asked to remove Item 3D for discussion.
MOTION: Approve Consent Calendar Items 3A, 3B, 3E, and 3F.
Moved by Mike Healy, 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 Canevaro
Council Member O'Brien recused himself for Item 3C and left the dais.
MOTION: Approve 3C. Resolution 2005-220 N.C.S. Approving Maximum Rates for
the Collection and Removal of Garbage and Rubbish from Business Establishments
and Places of Residence Pursuant to Petaluma Municipal Code Sections 8.16.210
and 8.16.220.
Moved by David Glass, seconded by Mike Harris.
Vote: Motion carried 5-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Pamela Torliatt
No: None
Abstain: Mike O'Brien
Absent: Keith Canevaro
Council Member O'Brien returned to the dais.
Council Member Torliatt
City Manager Bierman
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Vol. 41, Page 320
Council Member Torliatt
City Manager Bierman
Council Member Torliatt
December 19, 2005
City Manager Bierman
MOTION: Approve 3D. PCDC Resolution 2005-19 Accepting Completion of
Residential Street Rehabilitation Project.
Moved by Mike Healy, seconded by Mike O'Brien.
Council Member Torliatt
Vote: Motion carried 6-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No: None
Absent: Keith Canevaro
4. UNFINISHED BUSINESS
A. Resolution 2005-221 N.C.S. Establishing a Historic Downtown Business
Automatic Fire Sprinkler Retrofit Incentive Program. (Ban)
Mike Ban, Water Resources and Conservation Director, presented the staff
report.
Council Member O'Brien
Vice Mayor Harris
Mayor Glass
Council Member Healy
Director Ban
Council Member Torliatt
Council Member O'Brien
City Manager Bierman
Council Member O'Brien
Mayor Glass
Council Member Torliatt
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[3
C
December 19, 2005 Vol. 41, Page 321
Council Member Healy
MOTION: Approve Resolution 2005-221 N.C.S. Establishing a Historic
Downtown Business Automatic Fire Sprinkler Retrofit Incentive Program
(With language change to "C. Payment of Incentive: Payment of
incentive shall not be made until the automatic fire sprinkler system has
been installed and has passed inspection by the City.")
Moved by Mike O'Brien, 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
Ellis Creek Water Recycling Facility Monthly Verbal Update. (Ban/Orr)
Margaret Orr, Engineering Manager, Water Resources and Conservation
Department, presented the progress report for November.
Council Member Torliatt
Council Member Nau
Ms. Orr
Status Report, Discussion, and Possible Direction Concerning Army Corps
Flood Control Project.
City Manager Bierman presented the status report.
Council Member Healy
City Manager Bierman
Council Member Torliatt
Mayor Glass
City Manager Bierman
Mayor Glass
Council Member Healy
City Manager Bierman
Council Member Torliatt
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Vol. 41, Page 322
Mayor Glass
Public Comment
December 19, 2005
Diane Reilly Torres, Petaluma, regarding the notice in the Argus -Courier
about FEMA maps; also financial issues of FEMA, etc. Suggested forming
Citizens Advisory Committee of citizens from the Payran Neighborhood.
Mayor Glass
Council Member Healy
Council Member Torliatt
Mayor Glass
D. Discussion and Status Report on Citywide Interchange Projects: Rainer,
Washington, Southern Crossing, and Old Redwood. (Marengo/Bierman)
City Manager Bierman provided the update.
Mayor Glass
Council Member Healy
City Manager Bierman
Mayor Glass
5. NEW BUSINESS
A. PCDC Resolution 2005-20 Authorizing the Executive Director to Allocate $4
Million from PCDC Account Undesignated Fund Balance to East
Washington Interchange Project C500306. (Bierman/Marengo/Lackie)
City Manager Bierman
Council Member Torliatt
Matt Ridgeway, Fehr & Peers
Ray Akkawi, Regional Project Manager, CalTrans
Mr. Ridgeway
Council Member Torliatt
Council Member Healy
Mr. Akkawi
Council Member Healy
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December 19, 2005 Vol. 41, Page 323
Council Member Torliatt
Public Comment
Diane Reilly Torres, Petaluma, spoke regarding projects that need only be
approved by SPARC.
Council Member Torliatt
Council Member Healy
MOTION: Approve PCDC Resolution 2005-20 Authorizing the Executive
Director to Allocate $4 Million from PCDC Account Undesignated Fund
Balance to East Washington Interchange Project C500306.
Moved by Mike O'Brien, seconded by Karen Nau.
Vote: Motion carried 6-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No: None
Absent: Keith Canevaro
Downtown Petaluma Business Improvement District (DPBID):
Discussion and Action Approving the 2006 Fiscal Year Annual Report and
Budget of the Downtown Petaluma Business Improvement District and
Adopting Resolution 2005-222 N.C.S. Intention to Levy an Annual
Assessment for Fiscal Year 2006. (Bierman/Carmichael)
Council Member Healy recused himself and left the dais.
Steven Carmichael, Administrative Services Director, presented the staff
report.
Council Member Torliatt
Director Carmichael
Council Member Torliatt
Vice Mayor Harris
Director Carmichael
Council Member Torliatt
Mayor Glass
Director Carmichael
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Vol. 41, Page 324
December 19, 2005
Council Member O'Brien
Director Carmichael
Public Comment
Jeff Mayne, Petaluma Downtown Association, spoke in opposition to
separating the process into two bills, and in support of including adequate
information regarding the purpose of the billing.
Mayor Glass
City Manager Bierman
Council Member Nau
Mr. Mayne
Vice Mayor Harris
Council Member O'Brien
Marie McCusker, Executive Director, Petaluma Downtown Association,
stated that adequate information is the most important thing, whether
one bill or two is sent.
Vice Mayor Harris
MOTION: Approve Resolution 2005-222 N.C.S. Intention to Levy an Annual
Assessment for Fiscal Year 2006.
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
Abstain: Mike Healy
Absent: Keith Canevaro
Council Member Healy returned to the dais.
ADJOURN TO CLOSED SESSION - 4:45 p.m.
PUBLIC COMMENT
None.
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December 19, 2005
0 0
Vol. 41, Page 325
• CONFERENCE WITH LABOR NEGOTIATORS: Government Code §54957.6. Agency Negotiator:
Michael Bierman/Pamala Robbins. Employee Organizations: AFSCME.
DECEMBER 19, 2005
EVENING SESSION
CALL TO ORDER - 7:00 p.m.
A. Roll Call
Present: David Glass, Mike Harris, Mike Healy, Karen Nau,
Mike O'Brien, Pamela Torliatt
Absent: Keith Canevaro
B. Pledge of Allegiance
Council Member O'Brien
C. Moment of Silence for the four teens killed lost week: Adrianna DeLaTorre, Greg
Kubeck, Cafo Phelan, Christina Ramirez.
REPORT OUT OF CLOSED SESSION (Actions Taken)
None.
PUBLIC COMMENT
Bryant Moynihan, Petaluma, spoke regarding transportation projects; specifically, the
Rainier Avenue Interchange and Cross -Town Connector, which he felt should be the
number one priority.
Geoff Cartwright, Petaluma, spoke regarding the East Washington interchange project,
and the FEMA flood maps.
Richard Brawn, Petaluma, spoke regarding police from another city acting outside of
their jurisdiction in Petaluma.
1010111 Zlo]i4[4Ko3iTiYkyil4 L'►k
Council Member Torliatt
Council Member Healy
Council Member O'Brien
Mayor Glass
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Vol. 41, Page 326
CITY MANAGER COMMENT
None.
December 19, 2005
6. PUBLIC HEARINGS
A. Existing Mobilehome Parks in the City of Petaluma:
• Resolution 2005-223 N.C.S. Approving an Amendment to the 1987-
2005 Petaluma General Plan Text and Land Use Map to Redesignate
Existing Mobilehome Parks in the City of Petaluma.
Introduction (First Reading) of Ordinance 2229 N.C.S. to Amend the
Zoning Map to Rezone Existing Mobilehome Parks to the Mobilehome
Park (MH) Zoning District.
Introduction (First Reading) of Ordinance 2230 N.C.S. to Amend Title 8
of the Petaluma Municipal Code to Add Chapter 8.34 "Mobilehome
Park Conversions."
Mike Moore, Community Development Director, presented the staff
report.
Council Member Torliatt
Director Moore
City Attorney Eric Danly
Council Member Torliatt
Director Moore
Council Member Torliatt
Director Moore
Council Member Healy
Vice Mayor Harris
Mayor Glass
Council Member Healy
Council Member Torliatt
Public Hearina Opened
Bill Donahue, Petaluma, read a section from the California Health and
Safety Code which stated that the term "mobile home" included
"manufactured homes," and spoke in favor of rezoning Petaluma's
December 19, 2005
Vol. 41, Page 327
mobile home parks. He also spoke about what he thought was lacking in
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the proposed "conversion ordinance."
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Diane Reilly Torres, Petaluma, spoke in favor of the proposed resolution
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and ordinances on mobilehome parks.
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Public Hearina Closed
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Director Moore
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Council Member Torliatt
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Vice Mayor Harris
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15 MOTION: Approve Resolution 2005-223 N.C.S. Approving an Amendment
16 to the 1987-2005 Petaluma General Plan Text and Land Use Map to
17 Redesignate Mobilehome Parks in the City of Petaluma; Introduce
18 Ordinance 2229 N.C.S. to Amend the Zoning Map to Rezone Existing
19 Mobilehome Parks to the Mobilehome Park (MH) Zoning District; and
20 Introduce Ordinance 2230 N.C.S. to Amend Title 8 of the Petaluma
21 Municipal Code to Add Chapter 8.34 "Mobilehome Park Conversions,"
22 striking Section 8.34.040 "Applicability."
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24 Moved by Pamela Torliatt, seconded by Mike O'Brien.
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26 Vote: Motion carried 6-0.
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28 Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
29 Mike O'Brien; Pamela Torliatt
30 No: None
31 Absent: Keith Canevaro
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33 Mayor Glass
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35 B. Downtown Petaluma Business Improvement District (DPBID):
36 Public Hearing to Levy an Annual Assessment for Fiscal Year 2006 for the
37 Downtown Petaluma Business Improvement District and Approve
38 Resolution 2005-224 N.C.S. Levying the Assessment.
39 (Bierman/Carmichael)
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41 Council Member Healy recused himself and left the dais.
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43 City Manager Bierman
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45 Public Hearina Opened
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47 Ruth Gerke, Mike's Glass, Petaluma, announced she had gathered 181
48 signatures from merchants in opposition to the DPBID. She stated that a
49 number of merchants had been intimidated out of completing their cards
50 and said she had been harassed.
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Vol. 41, Page 328
ADJOURN
December 19, 2005
Marie McCusker, Executive Director, Petaluma Downtown Association,
spoke regarding the relationship between the amount of money
collected in the DPBID and how much can be done.
JoAnn Pozzi, Petaluma Downtown Association, Petaluma, business owner
in downtown area, spoke about projects needed in the DPBID.
Public Hearinq Closed
MOTION: Approve Resolution 2005-224 N.C.S. Establishing the Levy for the
2006 Annual Assessment for the Downtown Petaluma Business
Improvement District.
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 5-0.
Yes: David Glass; Mike Harris; Karen Nau;
Mike O'Brien; Pamela Torliatt
No: None
Abstain: Mike Healy
Absent: Keith Canevaro
The meeting was adjourned at 7:52 p.m. in memory of Adrianna DeLaTorre, Greg
Kubeck, Cafo Phelan, Christina Ramirez.
ATTEST:
/s/
Claire Cooper, CMC, City Clerk
/s/
David Glass, Mayor