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HomeMy WebLinkAboutCity Council Minutes 07/18/20051 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 July 18, 2005 ALU City of Petaluma, California MEETING OF THE CITY COUNCIL City Council Minutes Monday, July 18, 2005 Regular Meeting JULY 18, 2005 AFTERNOON SESSION CALL TO ORDER - 3:00 p.m. A. Roll Call Vol. 41, Page 185 Present: Keith Canevaro, David Glass, Mike Harris Mike Healy, Mike O'Brien, Pamela Torliatt Absent: Karen Nau B. Pledge of Allegiance Council Member Healy PUBLIC COMMENT Nancee Tavares, Animal Services Manager, spoke of the large number of cats and kittens at the shelter and their availability for adoption. Council Member O'Brien Ms. Tavares W-1WIT4­11=11 1-TMU-MIM. a Rudy Dellato, 209 East Street, concerns about security of his property while Casa Grande Motel is being demolished. Council Member Torliatt COUNCIL COMMENT Mayor Glass Council Member Torliatt 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 Vol. 41, Page 186 July 18, 2005 CITY MANAGER COMMENT None. AGENDA CHANGES AND DELETIONS (To current agenda only) Mayor Glass moved Item 5A to follow Item 2. Council Member Canevaro Council Member O'Brien Council Member Healy Mayor Glass Vice Mayor Harris Council Member Torliatt 1. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for City Council Regular Meeting of August 1, 2005. MOTION: Approve Proposed Agenda for City Council Regular Meeting of August 1, 2005. Moved by Mike O'Brien, seconded by Pamela Torliatt. Vote: Motion carried 6-0. Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Mike O'Brien; Pamela Torliatt No: None Absent: Karen Nau 2. CONSENT CALENDAR A. Resolution 2005-110 N.C.S. Approving Claims and Bills for June 2005. (Carmichael/Rubaloff) B. Resolution 2005-111 N.C.S. Accepting Completion of Steamer Landing Park (Formerly Known as McNear Peninsula Park) Phase I Improvements. (Tuft) C. Adoption (Second Reading) of an Ordinance 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) - This ordinance will be amended to change the amount of insurance required from $1 million to $300 thousand - the second reading will be on August 1, 2005. 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 5. July 18, 2005 Vol. 41, Page 187 D. Resolution 2005-112 N.C.S. Authorizing the Police Department to Upgrade its Automated Fingerprint Identification System (AFIS) Live Scan Unit. (Hood) E. Resolution 2005-113 N.C.S. Amending the Classification and Compensation Plan by Establishing the New Classification, Pay Range and Unit Assignment of Traffic Manager. (Carmichael/Robbins) F. Resolution 2005-114 N.C.S. Awarding Contract for Construction of the Denman Reach Phase 3 Improvements Project to C. Hardy General Engineering Contractor, Inc., and Authorizing City Manager to Execute Construction Agreement. (Tuft/Ban) MOTION: Approve Consent Calendar Items 2A, 2B, 2D, 2E, and 2F. Moved by Pamela Torliatt, seconded by David Glass. Vote: Motion carried 6-0. Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Mike O'Brien; Pamela Torliatt No: None Absent: Karen Nau City Manager Bierman noted that on Item 2C, the ordinance needed to be amended to change the amount of insurance required from $1 million to $300 thousand. MOTION: Postpone Item 2C to the August 1, 2005 Council Meeting. Moved by Pamela Torliatt, seconded by Mike O'Brien. Vote: Motion carried 6-0. Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Mike O'Brien; Pamela Torliatt No: None Absent: Karen Nau PUBLIC HEARING A. Resolution 2005-115 N.C.S. Ordering Abatement of Nuisance Consisting of Weeds Growing on Public/Private Property in the City of Petaluma and Ordering the Fire chief to Remove said Weeds by Contract or His Own Forces. (Ginn) Fire Chief Chris Albertson presented the staff report. MOTION: Approve Resolution 2005-115 N.C.S. Ordering Abatement of Nuisance Consisting of Weeds Growing on Public/Private Property in the City of Petaluma and Ordering the Fire chief to Remove said Weeds by Contract or His Own Forces. 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. 41, Page 188 KI July 18, 2005 Moved by Mike O'Brien, seconded by Mike Harris. Vote: Motion carried 6-0. Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Mike O'Brien; Pamela Torliatt No: None Absent: Karen Nau UNFINISHED BUSINESS A. Martin Farm Subdivision - An Application to Amend the Planned Unit District Zoning, Approve a Unit Development Plan and Development Standards, Approve a Tentative Subdivision Map, and Adopt a Mitigated Negative Declaration for the Property Known as the Martin Farm at 1 197 East Washington to Allow the Subdivision of the 1.6 -Acre Parcel into 18 Lots and to Allow the Construction of 10 Attached and 7 Detached Homes, the Reuse of the Existing 1910 Farm House as Office Space, and the Reuse of the Existing Water Tower as an Accessory Dwelling Unit. A.P. 007-361- 022 ; File No.: 04 -TSM -0379 -CR. (Moore/Robbe) - Continued from June 20, 2005 meeting. Tiffany Robbe, Associate Planner, presented the staff report. Council Member Torliatt Public Comment Ms. Robbe Council Member Canevaro Council Member Torliatt Ms. Robbe Council Member Canevaro Council Member Torliatt Ms. Robbe Mayor Glass Ms. Robbe Mayor Glass Ms. Robbe Council Member Healy 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 July 18, 2005 Council Member O'Brien Council Member Torliatt Allan Tilton Council Member Torliatt Mr. Tilton Council Member Torliatt Vol. 41, Page 189 Anton Selkowitz, Selkowitz & Company, Point Richmond Rick Brereton, Architectural Design and Restoration (ADR), Petaluma Council Member Torliatt Mr. Brereton Council Member Torliatt Steve LaFranchi, Steve LaFranchi and Associates Council Member Torliatt Mr. LaFranchi Council Member Torliatt Mr. Brereton Council Member O'Brien Mr. Selkowitz Ms. Robbe Council Member Healy Ms. Robbe Bill Conro, one of owners of shopping center, spoke about sidewalk and landscaping. He would like to see the sidewalk narrowed to preserve the tree. John Mills, Petaluma, Site Plan and Architectural Review Committee (SPARC), has looked at this project, and is not in favor of private parks. Council Member 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 Vol. 41, Page 190 July 18, 2005 Council Member Healy Ms. Robbe Council Member Healy Craig Spaulding, City Engineer Council Member Healy Council Member Torliatt Mr. LaFranchi Council Member Healy Mr. LaFranchi Mayor Glass Council Member Torliatt Mr. Selkowitz Council Member Torliatt Mr. Selkowitz Council Member Torliatt Council Member Healy Ms. Robbe Council Member Healy Ms. Robbe Mr. LaFranchi Council Member Healy Mr. Brereton Council Member Healy Council Member O'Brien Council Member Canevaro Mayor Glass 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 July 18, 2005 Vice Mayor Harris Mayor Glass Council Member Torliatt Mayor Glass Council Member Canevaro Council Member Healy Council Member Torliatt Mayor Glass Council Member Healy Mr. LaFranchi Council Member Healy Council Member Torliatt Mayor Glass Council Member Torliatt Council Member Healy Council Member Torliatt Council Member Healy Mayor Glass Council Member O'Brien Council Member Canevaro Vice Mayor Harris Council Member Healy Council Member Torliatt Vol. 41, Page 191 MOTION: Approve: • Resolution 2005-116 N.C.S. Approval of Mitigated Negative Declaration for the Martin Farm Subdivision. 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 Vol. 41, Page 192 13 July 18, 2005 • Introduction of Ordinance 2218 N.C.S. Approval of a Planned Unit District Amendment and Approving the Unit Development Plan and Development Standards for the Martin Farm Subdivision. Resolution 2005-117 N.C.S. Approval of Tentative Subdivision Map for the Martin Farm Subdivision, with these additions: SPARC to look at ways to improve the aesthetic appeal of gateway, placement of windows on adjacent houses to maximize privacy, backyard fences to be "open fence" type; amend easement in parking spaces 15, 16, and 17, add sidewalk on frontage area up to beginning of Caltrans right-of-way; work with shopping center on sidewalk configuration to preserve mature tree. Moved by Pamela Torliatt, seconded by Mike Healy. Vote: Motion carried 6-0. Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Mike O'Brien; Pamela Torliatt No: None Absent: Karen Nau Resolution 2005-118 N.C.S. Regarding Greenhouse Gas Reduction Target. (Bierman) City Manager Bierman Public Comment Steve Geney, Vice President, North Bay Construction, about his company converting to use of biodiesel fuel in their off-road equipment. Ellen Bichler, Petaluma, commended Petaluma on leadership in climate protection. Ann Hancock, Climate Protection Campaign, spoke regarding Greenhouse Gas Reduction targets. Council Member Healy Council Member Torliatt Vice Mayor Harris Mayor Glass MOTION: Approve Resolution 2005-118 N.C.S. Regarding Greenhouse Gas Reduction Target. Moved by Mike O'Brien, seconded by Pamela Torliatt. Vote: Motion carried 6-0. 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 C July 18, 2005 Vol. 41, Page 193 Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Mike O'Brien; Pamela Torliatt No: None Absent: Karen Nau Resolution 2005-118A Approving the Proposed Lane Reconfiguration Plan for Petaluma Boulevard North from Washington Street to Lakeville Street. (Marangella) - Continued from July 11, 2005 meeting. Council Member Healy recused himself and left dais. Nick Panayotou, Project Manager, presented the staff report. Council Member O'Brien Mr. Panayotou Council Member O'Brien Mr. Panayotou Council Member O'Brien City Attorney Rudnansky Council Member O'Brien Mr. Panayotou Council Member O'Brien Mayor Glass Council Member Canevaro City Manager Bierman Public Comment Bryant Moynihan, Petaluma, served on the City's Traffic Advisory Committee, and is in favor of eliminating parking on one side of street, not in favor of reducing the number of lanes. Christine Culver, Executive Director of Sonoma County Bicycle Association, in support of proposed improvements. Tom Maunder, Petaluma, Pedestrian and Bicycle Advisory Committee, in favor of lane reconfiguration. Victor Chechenover, Petaluma, regarding the time allowed for pedestrians to cross Washington Street at Petaluma Boulevard. 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 Vol. 41, Page 194 M E. July 18, 2005 Allan Tilton, when working for the City in 1989, he was told there could be no fewer than 2 lanes in each direction because it would take away parking. He lobbied for 10 years to have a configuration on Petaluma Boulevard North similar to that being proposed tonight. Mayor Glass Vice Mayor Harris Council Member Canevaro Mayor Glass Council Member O'Brien Council Member Torliatt Mr. Tilton Council Member Torliatt MOTION: Approve Resolution 2005-118A Approving the Proposed Lane Reconfiguration Plan for Petaluma Boulevard North from Washington Street to Lakeville Street. Moved by Pamela Torliatt, seconded by Keith Canevaro. Vote: Motion carried 4-1. Yes: David Glass; Keith Canevaro; Mike Harris; Pamela Torliatt No: Mike O'Brien Abstain: Mike Healy Absent: Karen Nau Discussion and Possible Action Regarding AdGptiGR of G SGlGr PGliGy. (Moore) - Moved to August 1, 2005 Council Meeting. Resolution 2005-119 N.C.S. Appointments to City Boards, Commissions, and Committees. (Cooper) - Moved from the evening session by vote of Council on July 11, 2005. Mayor Glass Animal Services Advisory Committee MOTION: Reappoint Matthew Carter, DVM to the Animal Services Advisory Committee for a 3 -year term expiring June 30, 2008, and to appoint Samantha Freitas, Desiree Nielsen and Pamela Rosenthal, with the determination of their term lengths to be made at the next meeting of the committee. July 18, 2005 Vol. 41, Page 195 1 Moved by Pamela Torliatt, seconded by Mike Harris. 2 3 Vote: Motion carried 6-0. 4 Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Mike 5 O'Brien; Pamela Torliatt 6 No: None 7 Absent: Karen Nau 8 9 Pedestrian and Bicvcle Advisory Committee 10 11 Clerk Cooper collected the ballots for the Pedestrian and Bicycle 12 Advisory Committee and read the results as follows: 13 Council Member Canevaro: David Webster 14 Mayor Glass: David Webster 15 Vice Mayor Harris: Richard Osman 16 Council Member Healy: Richard Osman 17 Council Member O'Brien: Lawrence Newcomb 18 Council Member Torliatt: David Webster 19 20 Mayor Glass explained that because no applicant received four votes, 21 another vote must be taken. 22 23 Clerk Cooper collected the ballots for the second vote and read the 24 results as follows: 25 Council Member Canevaro: David Webster 26 Mayor Glass: David Webster 27 Vice Mayor Harris: Richard Osman 28 Council Member Healy: Richard Osman 29 Council Member O'Brien: David Webster 30 Council Member Torliatt: David Webster 31 32 Mayor Glass announced that David Webster was appointed to the 33 Pedestrian and Bicycle Advisory Committee to complete a 2 -year term 34 expiring June 30, 2007. 35 36 Public Art Committee 37 38 Council Member Torliatt 39 40 Clerk Cooper collected the ballots for the Public Art Committee and read 41 the results as follows: 42 Council Member Canevaro: Alison Bies and Larry Jonas 43 Mayor Glass: Alison Bies and Collette Michaud 44 Vice Mayor Harris: Larry Jonas and Collette Michaud 45 Council Member Healy: Larry Jonas and Collette Michaud 46 Council Member O'Brien: Alison Bies and Larry Jonas 47 Council Member Torliatt: Alison Bies and Collette Michaud 48 49 Mayor Glass announced that each applicant had received four votes. 50 Another vote will be taken at the August 1, 2005 meeting, when all 51 Council Members are expected to be 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. 41, Page 196 July 18, 2005 Technologv and Telecommunications Advisory Committee Clerk Cooper collected the ballots for the Technology and Telecommunications Advisory Committee and read the results as follows: Council Member Canevaro: Michael Cresci Mayor Glass: Carol Eber Vice Mayor Harris: Carol Eber Council Member Healy: Carol Eber Council Member O'Brien: Michael Cresci Council Member Torliatt: Carol Eber Mayor Glass announced that Carol Eber was appointed to the Technology and Telecommunications Advisory Committee for a term length to be determined at the first meeting of the committee (1 year or 2 year). Youth Commission Council Member O'Brien suggested that all applicants be appointed to the Youth Commission. MOTION: Approve appointment of the following members to the Youth Commission: Anne Buford Abbott, Robert Abbott-Florez, Wendy A. Calomiris, Scott Cooper, Amy Fox, Whitney Hall, Patt Herfindal, Vanessa Loken, Chip McAuley, and Kimberly Scot to serve either 1 -year terms expiring June 30, 2006 or 2 -year terms expiring June 30, 2007. Determination of term lengths for each member will be made at the next meeting of the Youth Commission. The purpose is to re-establish staggered term expiration dates. Moved by Pamela Torliatt, seconded by Mike O'Brien. Vote: Motion carried 6-0. Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Mike O'Brien; Pamela Torliatt No: None Absent: Karen Nau Planninq Commission Council Member Healy City Attorney Rudnansky Council Member Healy City Attorney Rudnansky Council Member Healy 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 July 18, 2005 Vol. 41, Page 197 City Attorney Rudnansky MOTION: Accept resignation of Stephanie McAllister from the Planning Commission, declare the seat vacant, and decline to accept her withdrawal of resignation. Moved by Mike Healy, seconded by David Glass. Council Member Healy City Attorney Rudnansky Public Comment Bryant Moynihan, Petaluma, noted that the action Council Member Healy was proposing was not on agenda, and said he believed this was a violation of the Brown Act. Council Member O'Brien Council Member Healy City Attorney Rudnansky Council Member Torliatt Mayor Glass Council Member O'Brien explained that he would vote "no" on the motion so that he would be voting with the majority, and at the next meeting, he would bring it back for reconsideration so that it could voted on by a full Council. Council Member Canevaro Mayor Glass withdrew his second. Council Member Torliatt stated she would make a second to the motion. MOTION: Amend motion by changing the seconder of the motion to Council Member Torliatt. The motion is to accept resignation of Stephanie McAllister from the Planning Commission, declare the seat vacant, and decline to accept her withdrawal of resignation. Moved by Mike Healy, seconded by Pamela Torliatt. Vote: Motion failed 0-6. Yes: None No: David Glass; Keith Canevaro; Mike Harris; Mike Healy; 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 Vol. 41, Page 198 Absent: 4. NEW BUSINESS July 18, 2005 Karen Nau A. Resolution 2005-120 N.C.S. Approving Proposal for Fiber Optic Network Services from SBC. (Carmichael/Williamson) Tim Williamsen, Information Technology Manager, presented the staff report. Council Member Torliatt Renette Albertson, SBC MOTION: Approve Resolution 2005-120 N.C.S. Approving Proposal for Fiber Optic Network Services from SBC. Moved by Mike Healy, seconded by Pamela Torliatt. Vote: Motion carried 6-0. Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Mike O'Brien; Pamela Torliatt No: None Absent: Karen Nau B. Introduction 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) Council Member Healy recused himself and left the dais. Paul Marangella, Director of Economic Development and Redevelopment, presented the staff report. Council Member Torliatt MOTION: Approve Introduction 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 Pamela Torliatt, seconded by Mike Harris. Vote: Motion carried 5-0. Yes: David Glass; Keith Canevaro; Mike Harris; Mike O'Brien; Pamela Torliatt No: None Abstain: Mike Healy 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 July 18, 2005 Vol. 41, Page 199 Absent: Karen Nau Council Member Healy returned to the dais. C. Discussion and Possible Direction: (1) Clarifying that Project Applicants Do Not Have the Right to Demand an Up -or -Down Vote Before the Planning Commission has Concluded its Review; and (2) To Modify Current Procedure so That Any Recommendations the Planning Commission May Wish to Offer to the City Council will be Brought Forward to the Council Even if the Commission Recommends Denial of the Project. Council Member Healy presented the issue. City Attorney Rudnansky Council Member Healy City Attorney Rudnansky Council Member Canevaro Vice Mayor Harris Council Member O'Brien Public Comment Dan Aguilar, Mission Valley Properties, regarding his experience with the Planning Commission and his belief that applicants should be allowed to ask for an Up or Down vote after a maximum number of Planning Commission sessions. Vin Smith, Basin Street Properties, believes that in all applicants to the Planning Commission should have the ability to appeal denials to the City Council. Bryant Moynihan, Petaluma, regarding inefficiencies of processes in the Community Development Department. Council Member Healy Council Member Torliatt Mayor Glass Council Member Conevaro 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 Vol. 41, Page 200 July 18, 2005 Council Member Healy City Manager Bierman Council Member Torliatt Council Member O'Brien City Attorney Rudnansky City Manager Bierman suggested the need to clarify the steps for approving a development project, and the relationship among the Planning Commission, SPARC, and the City Council. Mayor Glass ADJOURN TO CLOSED SESSION PUBLIC COMMENT None. CLOSED SESSION • CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Government Code Section 54956.9(a)) Bramblett et al. vs. City of Petaluma et al. (Sonoma County Superior Court Case # MC V-174982) . • CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Pursuant to Government Code Section 54956.9(c) (one matter). • CONFERENCE WITH LABOR NEGOTIATORS: Government Code §54957.6. Agency Negotiator: Michael Bierman. Unrepresented Employee: City Clerk. JULY 18, 2005 EVENING SESSION CALL TO ORDER - 7:00 p.m. A. Roll Call Present: David Glass, Mike Harris Mike Healy, Pamela Torliatt Absent: Keith Canevaro, Karen Nau, Mike O'Brien B. Pledge of Allegiance Council Member Torliatt C. Moment of Silence 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 July 18, 2005 Vol. 41, Page 201 REPORT OUT OF CLOSED SESSION (Actions Taken) None. PUBLIC COMMENT Richard Braun, Petaluma, spoke in opposition to new taxes. Richard Parker, Petaluma, spoke of problems with Waste Management trucks dripping oil on the street. David Yearsley, Petaluma, Petaluma River Keeper, spoke about the Redwood Landfill's expansion plans. Council Member Healy Mr. Yearsley Council Member Healy COUNCIL COMMENT Council Member Torliatt CITY MANAGER COMMENT None. 6. APPOINTMENTS A. Appointma^tc to City BeGrds GernFRi1cclllr S rYRd (-'nmmittooc (Geeper) _ Moved from the evening session to the afternoon session by vote of Council on July 11, 2005. 7. PUBLIC HEARING A. Resolution 2005-121 N.C.S. Authorizing City Manager to Execute Settlement Agreement and Resolution Vacating Public Right -of -Way (Unimproved Portion of Oak Terrace Way). (Rudnansky) City Attorney Richard Rudnansky presented the staff report. Bob Oliker, Baddeley, Oliker & Sartori, Petaluma, attorney for the Brambletts J. Roy Martinez, Petaluma, will go along with agreement, with the proviso not be filed until his attorney has determined that the agreement is signed by both parties. Mayor Glass 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. 41, Page 202 ADJOURN July 18, 2005 City Attorney Rudnansky MOTION: Approve Resolution 2005-121 N.C.S. Authorizing City Manager to Execute Settlement Agreement and Resolution Vacating Public Right -of - Way (Unimproved Portion of Oak Terrace Way), with these conditions: that the City receive the executed license agreement, that the case be dismissed, vacation of the street, and quitclaim of the deed. Moved by David Glass, seconded by Mike Healy. Mr. Oliker Mayor Glass Council Member Healy City Attorney Rudnansky Mr. Oliker City Attorney Rudnansky Vote: Motion carried 4-0. Yes: David Glass; Mike Harris; Mike Healy; Pamela Torliatt No: None Absent: Keith Canevaro, Karen Nau, Mike O'Brien The meeting was adjourned at 7:25 p.m. At Council Member O'Brien's request, the meeting was adjourned in memory of George Tomasini. I_yiaw /s/ Claire Cooper, CMC, City Clerk /s/ David Glass, Mayor