HomeMy WebLinkAboutCity Council Minutes 07/18/20051
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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9 Pedestrian and Bicvcle Advisory Committee
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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
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Mayor Glass explained that because no applicant received four votes,
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another vote must be taken.
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Clerk Cooper collected the ballots for the second vote and read the
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results as follows:
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Council Member Canevaro: David Webster
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Mayor Glass: David Webster
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Vice Mayor Harris: Richard Osman
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Council Member Healy: Richard Osman
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Council Member O'Brien: David Webster
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Council Member Torliatt: David Webster
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Mayor Glass announced that David Webster was appointed to the
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Pedestrian and Bicycle Advisory Committee to complete a 2 -year term
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expiring June 30, 2007.
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Public Art Committee
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Council Member Torliatt
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Clerk Cooper collected the ballots for the Public Art Committee and read
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the results as follows:
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Council Member Canevaro: Alison Bies and Larry Jonas
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Mayor Glass: Alison Bies and Collette Michaud
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Vice Mayor Harris: Larry Jonas and Collette Michaud
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Council Member Healy: Larry Jonas and Collette Michaud
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Council Member O'Brien: Alison Bies and Larry Jonas
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Council Member Torliatt: Alison Bies and Collette Michaud
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Mayor Glass announced that each applicant had received four votes.
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Another vote will be taken at the August 1, 2005 meeting, when all
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Council Members are expected to be present.
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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
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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
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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
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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
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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
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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
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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