HomeMy WebLinkAboutCity Council Minutes 08/01/20051
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August 1, 2005
ALU
a City of Petaluma, California
MEETING OF THE CITY COUNCIL
rs5s
City Council Minutes
Monday, August 1, 2005
Regular Meeting
AUGUST 1, 2005
AFTERNOON SESSION
CALL TO ORDER - 3:00 p.m.
A. Roll Call
Vol. 41, Page 203
Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy, Karen Nau,
Mike O'Brien, Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Council Member Nau
PUBLIC COMMENT
None.
COUNCIL COMMENT
Council Member Nau
Council Member O'Brien
City Attorney Richard Rudnansky
MOTION: To reconsider July 18, 2005 vote on Stephanie McAllister's resignation from the
Planning Commission and subsequent withdrawal of that resignation.
Moved by Mike O'Brien, seconded by Mike Harris.
Council Member Torliatt
Mayor Glass
Council Member O'Brien
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Vol. 41, Page 204 August 1, 2005
Council Member Healy
CITY MANAGER COMMENT
None.
AGENDA CHANGES AND DELETIONS (To Current Agenda Only)
None.
PROCLAMATION
Petaluma Argus -Courier Day
Vice Mayor Harris
Mayor Glass
Chris Samson, Argus -Courier
1. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for City Council Regular Meeting
of September 12, 2005.
MOTION: Approve Proposed Agenda for City Council Regular Meeting of
September 12, 2005.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
Council Member Healy
2. CONSENT CALENDAR
A. Adoption (Second Reading) of Ordinance 2217 N.C.S. Adopting New
Taxicab Regulations and Amending Chapters 14.04, 14.08, 14.16, 14.20,
14.24 and 14.28 Relating to Taxicab Operations. (Fish/Hood)
B. Adoption (Second Reading) of Ordinance 2219 N.C.S. Authorizing
Purchase of Real Property Offered for Sale Pursuant to Section 37350 of the
Government Code in Connection with Assessor Parcel Numbers 006-284-
028, 006-284-025, 006-284-021, 006-284-034, 006-284-032, and 006-284-035
located on Water Street North, Petaluma. (Marangella)
C. Adoption (Second Reading) of Ordinance 2218 N.C.S. Approving a
Planned Unit District Amendment and Approving the Unit Development
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August 1, 2005
Vol. 41, Page 205
Plan and Development Standards for the Martin Farm Subdivision.
(Moore/Robbe)
D. Resolution 2005-123 N.C.S. Accepting Completion of the 2004-2005 Water
Main Replacement Project. (Ban)
E. Resolution 2005-124 N.C.S. Setting Annual Assessment Rates for
Assessment Districts. (Carmichael)
F. Resolution 2005-126 N.C.S. Awarding Contract to CDWG for Purchase of
Network Equipment in the Amount of $65,829.00. (Carmichael)
G. Resolution 2005-125 N.C.S. Approving Employment Contract for City
Clerk. (Bierman)
Council Member Torliatt asked to remove Item 2C for discussion.
Council Member Canevaro asked to remove Item 2F for discussion.
Council Member Healy asked to remove Item 2B for discussion.
MOTION: Approve Consent Calendar Items 2A, 2D, 2E, and 2G
Moved by Mike O'Brien, seconded by David Glass.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
Council Member Healy recused himself and left the dais.
MOTION: Approve Item 2B. Adoption (Second Reading) of Ordinance 2219 N.C.S.
Authorizing Purchase of Real Property Offered for Sale Pursuant to Section 37350
of the Government Code in Connection with Assessor Parcel Numbers 006-284-
028, 006-284-025, 006-284-021, 006-284-034, 006-284-032, and 006-284-035 located
on Water Street North, Petaluma.
Moved by Mike O'Brien, seconded by David Glass.
Vote: Motion carried 6-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Abstain: Mike Healy
Council Member Healy returned to the dais.
Council Member Torliatt
Community Development Director Mike Moore
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Vol. 41, Page 206
Council Member Torliatt
City Manager Bierman
August 1, 2005
MOTION: Approve Item 2C. Adoption (Second Reading) of Ordinance 2218 N.C.S.
Approving a Planned Unit District Amendment and Approving the Unit
Development Plan and Development Standards for the Martin Form Subdivision.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
Council Member Canevaro recused himself and left the dais.
MOTION: Approve Item 2F. Resolution 2005-126 N.C.S. Awarding Contract to
CDWG for Purchase of Network Equipment in the Amount of $65,829.00.
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 6-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Abstain: Keith Canevaro
Council Member Canevaro returned to the dais.
3. PUBLIC HEARING
A. Public Hearing and Confirmation of Cost of Abatement of Weeds. (Ginn)
Fire Marshal Mike Ginn presented the staff report.
MOTION: Approve Resolution 2005-127 N.C.S. Confirmation of Cost of
Abatement of Weeds.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
B. Adoption of Interim Urgency Ordinance 2200 N.C.S. Pursuant to
Government Code Section 65858 Extending for a Period of Ten Months
and Fifteen Days an Interim Urgency Ordinance Adopted by the City
Council on June 20, 2005 Prohibiting Certain Uses That May Be in Conflict
With a Contemplated Amendment to the Zoning Ordinance ("Medical
Marijuana Dispensaries"). (Moore)
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August 1, 2005
Vol. 41, Page 207
Community Development Director Mike Moore presented the staff report.
MOTION: Approve Adoption of Interim Urgency Ordinance 2200 N.C.S.
Pursuant to Government Code Section 65858 Extending for a Period of Ten
Months and Fifteen Days an Interim Urgency Ordinance Adopted by the
City Council on June 20, 2005 Prohibiting Certain Uses That May Be in
Conflict With a Contemplated Amendment to the Zoning Ordinance
("Medical Marijuana Dispensaries").
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
UNFINISHED BUSINESS
A. Appointments to City Boards, Commissions, and Committees. (Cooper) -
(Continued from July 18, 2005 meeting)
1. Two Vacancies on the Public Art Committee.
City Clerk Claire Cooper collected the ballots for the Public Art
Committee and read the results as follows:
Council Member Canevaro: Larry Jonas and Collette Michaud
Mayor Glass: Alison Bies and Collette Michaud
Vice Mayor Harris: Larry Jonas and Collette Michaud
Council Member Healy: Larry Jonas and Collette Michaud
Council Member Nau: Larry Jonas and Collette Michaud
Council Member O'Brien: Larry Jonas and Collette Michaud
Council Member Torliatt: Alison Bies and Collette Michaud
Mayor Glass announced that Larry Jonas and Collette Michaud had been
appointed to the Public Art Committee.
Council Member Torliatt
B. Discussion and Possible Action Regarding Adoption of a Solar Policy.
(Moore)
Community Development Director Mike Moore presented the staff report.
Council Member Healy
Vol. 41, Page 208 August 1, 2005
Director Moore
Council Member Torliatt
Vice Mayor Harris
Council Member Healy
Mayor Glass
Council Member O'Brien
MOTION: Require all new residential units in major subdivisions to
be designed and wired to accommodate solar energy systems.
Developers of such projects to offer photovoltaic systems as an option to
home buyers, and to proactively market this option. SPARC to consider
the potential installation of rooftop solar photovoltaic panels in its review
of projects. This would include issues such as rooftop orientation and
landscaping plans/tree selection. CC&R's also to be "solar friendly." The
City to offer a rebate program to homeowners in the redevelopment
agency areas, to be paid out of redevelopment funds. Homeowners
installing a minimum 1 kW system shall be entitled to a $500 rebate. A cap
of $10,000 per year to be imposed, with rebates awarded on a first come,
first served basis.
Moved by Pamela Torliatt, seconded by Mike Healy.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
Council Member Canevaro
Mayor Glass
Council Member Healy
Mayor Glass
City Manager Bierman
Council Member Healy
Public Comment
Hank Flum, Petaluma, explained how he constructed wired his new house
in Ft. Bragg for solar power.
Council Member Healy
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August 1, 2005
Vol. 41, Page 209
Kimia Mizani, Solar Depot, Petaluma, expressed her company's
appreciation for Council supporting a Solar Policy.
Council Member Torliatt
MOTION: To require installation of solar panels on a minimum of 10% of
units in all new major residential subdivision developments.
Moved by Pamela Torliatt, seconded by David Glass.
Council Member Healy
Mayor Glass
Council Member Canevaro
Council Member Torliatt
Mayor Glass
Council Member Healy
Vote: Motion failed 2-5.
Yes: David Glass; Pamela Torliatt
No: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien
Ellis Creek Water Recycling Facility Project. (Ban/Orr)
Mike Ban, Director of Water Resources and Conservation, introduced
those who have worked on the project.
Council Member Torliatt
Ms. Orr
Council Member Torliatt
Mayor Glass
Margaret Orr, Water Resources and Conservation Engineering Manager,
presented the staff report.
1. Resolution 2005-130 N.C.S. Certifying the 2005 Construction Addendum
to the Water Recycling Facility and River Access Improvements EIR;
Approving the Project Revisions; Making Finding of Fact; and Adopting
a Revised Mitigation Monitoring Program Therefore. (Ban/Orr)
Ms. Orr
Council Member Torliatt
Vol. 41, Page 210 August 1, 2005
Ms. Orr
Council Member Torliatt
Ms. Orr
Mayor Glass
2. Resolution 2005-131 N.C.S. Awarding the Construction Contract for the
Ellis Creek Water Recycling Facility to Kiewat Pacific Company.
(Ban/Orr)
Ms. Orr
Mayor Glass
Ms. Orr
Mayor Glass
Ms. Orr
Council Member Canevaro
3. Resolution 2005-132 N.C.S. Authorizing the Borrowing of Funds in an
Amount Not to Exceed $100,000,000 Under Two Separate Line of
Credit to Finance Ellis Creek Water Recycling Facility Construction and
Related Expenses, and Authorizing Official Actions Thereto. (Ban/Orr)
Director Ban
Council Member Torliatt
Director Ban
Council Member Torliatt
Mayor Glass
Vice Mayor Harris
Director Ban
Council Member Healy
4. Resolution 2005-134 N.C.S. Authorizing the City Manager to Execute a
Professional Services Agreement with The Covello Group for
Construction Management and Inspection Services in Support of
Construction of the Ellis Creek Water Recycling Facility. (Ban/Orr
Ms. Orr
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August 1, 2005 Vol. 41, Page 211
Council Member O'Brien
Ms. Orr
Council Member Torliatt
Ms. Orr
5. Resolution 2005-135 N.C.S. Authorizing the City Manager to Execute a
Professional Services Agreement with Carollo Engineers for
Construction Engineering Services in Support of Construction of the Ellis
Creek Water Recycling Facility. (Ban/Orr)
Ms. Orr
Council Member Torliatt
Ms. Orr
Council Member Torliatt
Ms. Orr
Council Member Torliatt
Ms. Orr
Council Member Torliatt
City Attorney Rudnansky
Council Member Torliatt
City Attorney Rudnansky
Council Member Torliatt
City Attorney Rudnansky
Council Member Torliatt
Mayor Glass
City Attorney Rudnansky
Council Member Torliatt
Mayor Glass
Council Member Healy
Mayor Glass
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Vol. 41, Page 212 August 1, 2005
City Attorney Rudnansky
Council Member Torliatt
6. Resolution 2005-136 N.C.S. Authorizing the City Manager to Execute a
Professional Services Agreement with ArcSine Engineering for
Professional Programming Services in Support of Construction of the
Ellis Creek Water Recycling Facility. (Ban/Orr)
Ms. Orr
Council Member Canevaro
Ms. Orr
7. Resolution 2005-137 N.C.S. Authorizing the City Manager to Execute a
Professional Services Agreement with ESA for Environmental Services in
Support of the Construction of the Ellis Creek Water Recycling Facility.
(Ban/Orr)
Ms. Orr
8. Introduction (First Reading) of Ordinance 2221 N.C.S. Authorizing the
City Manager to Execute All Documents Relating To a Grant of
Easement with Bedford Petaluma SPE, Inc. for Access and Installation
of Utilities to Serve the Ellis Creek Water Recycling Facility. (Ban/Orr)
Director Ban
Mayor Glass
Council Member Healy
Public Comment
Director Ban
Stan Gold, Petaluma, expressed concern about inflation in costs of
concrete and steel in recent months and recommended approval of the
entire project at this time.
Gerald Moore, Petaluma Wetlands Alliance, supported approving the
entire project as presented.
Hank Flum, Petaluma, is excited about the project and hopes Council
approves the wetlands.
David Yearsley, Petaluma River Keeper, Petaluma, said Council approval
of this project would be a, "watershed decision," which would leave, "a
legacy for Petaluma citizens and for the Petaluma River and the San
Francisco Bay."
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August 1, 2005
Vol. 41, Page 213
Wayne Till, Petaluma Wetlands Alliance, in support of approval of full
project now.
Grant Davis, Petaluma, in support of Council approval of full project.
Council Member Healy
Mayor Glass
Public Comment Closed
Council Member Torliatt
City Attorney Rudnansky
Mayor Glass
Council Member Healy
Ms. Orr
Mayor Glass
Council Member Torliatt
Council Member O'Brien
Council Member Canevaro
Ms. Orr
Vice Mayor Harris
Council Member Healy
Mayor Glass
Council Member Nau
Director Ban
Council Member Nau
Director Ban
City Manager Bierman
Council Member Torliatt
Council Member Healy
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Vol. 41, Page 214
August 1, 2005
Mayor Glass
Director Ban
Council Member Healy
Council Member Torliatt asked that future staff direction be given to:
• Explore the potential for sustainable logging.
• Split the draw from credit lines for most advantageous financing.
• Look at legislative strategy to push State revolving fund loans
amounts higher and make sure they continue to go forward.
• Emphasize need for contractors and consultants accountable to
come very close to budget. If this is not done, she does not want
the City to be paying the extra amounts.
MOTION: Approve Items 4C1 through 4C8 with proviso that all costs,
overheads, and financing costs from Bid Alternative I be collected from
new hook-up fees, and not from existing rate payers.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 7-0.
Yes: David Glass; Keith Canevaro; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
5. NEW BUSINESS
A. Tree Advisory Committee 2004 Annual Report. (Anchordoguy)
Kit Lofroos, Petaluma Tree Advisory Committee, presented the report.
Council Member Torliatt
K:"11 � �Z 0 0 9
PUBLIC COMMENT
IN OTAMM
CLOSED SESSION
• CONFERENCE WITH LABOR NEGOTIATORS: Government Code §54957.6. Agency Negotiator:
Michael Bierman/Pamala Robbins. Employee Organization: AFSCME, Petaluma Police Officers
Association, Local 1415 IAFF, Public Safety Mid -Management Association.
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation
(Government Code §54956.9(b)) - (one matter)
• CONFERENCE WITH LEGAL - INITIATION OF LITIGATION: Pursuant to Government Code
§54956.9(c)) -(one matter)
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: (Government Code §54956.9(a))
North Bay Construction, Inc. vs. Hronec, et. al (Sonoma County Superior Court Case # 234912)
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August 1, 2005
AUGUST l.2OO5
EVENING SESSION
A. Roll Call
Vol. 4l'Page 2l5
Present: David Glass, Mike Harris, Karen Nau'Mike {}'Brien' Pame|aTodiaK
Absent: Keith Canevaro, Mike Healy (Hea/y arrived 7:45 p.m.)
B. Pledge of Allegiance
Council Member O'Brien
C. Moment ofSilence
REPORT OUT OF CLOSED SESSION (Actions Taken)
None.
PUBLIC COMMENT
Peter Tscherneff, Petaluma, spoke about prisonerscmdeathmw, the morality of capital
punishment; the need for politicians to be leaders; animal welfare; migrant workers; AIDS
and the Boy Scouts.
DgymonDoss, Petaluma Health Care District, spoke regarding the "Check UponHealth
Corm" on-line survey.
Council Member Torlia#
Mayor Glass
COUNCIL COMMENT
None.
CITY MANAGER COMMENT
Non*.
8' PUBLIC HEARING
A. PEP Casa Grande AnApplication toAmend the General Plan
from Urban Standard 10Urban High, Amend the Zoning Map from
Agricultural |oPlanned Unit District (PU[})'Approve uUnit Development
Plan and Development Standards, Adopt mMitigated Negative
Declaration, Adopt oResolution Authorizing the Submittal ofmn
Application tothe California State Department ofHousing and
Community Development for Funding Under the HOME Investment
Partnerships Program inonAmount No1-to-Excood$4.5 Million, the
Vol. 41, Page 216 August 1, 2005
Execution of a Standard Agreement if Selected for Such Funding and any
Amendments thereto; and any Related Documents Necessary to
Participate in the Home Investment Partnership Program for the
Construction of a 58 -Unit Senior Residential Facility. Located at 400 Casa
Grande Road, Near the Southeast Corner of Casa Grande Road and Ely
Boulevard South. A.P. 017-040-047, File No. 05 -GPA -0041 -CR.
(Moore/Boyle)
Community Development Director Mike Moore presented the staff report.
Council Member Torliatt
Vice Mayor Harris
Director Moore
Council Member Nau
Council Member O'Brien
Director Moore
Council Member Torliatt
Mayor Glass
Mary Stompe, Executive Director, PEP Housing
Tony Battaglia, Architect, Archumana, Santa Rosa
Vice Mayor Harris
Mayor Glass
Council Member Torliatt
Mr. Battaglia
Council Member Torliatt
Mr. Battaglia
Council Member Torliatt
Mr. Battaglia
Bill Mastick, Quadriga Landscape Architects, Santa Rosa
Mayor Glass
Mr. Mastick
August 1, 2005 Vol. 41, Page 217
1 Mayor Glass
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3 Ms. Stompe
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5 Council Member Torliatt
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7 Ms. Stompe
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9 Mayor Glass
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11 Ms. Stompe
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13 Mayor Glass
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15 Council Member Torliatt
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17 Mr. Mastick
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19 Mayor Glass
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21 Public Comment
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23 None.
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25 Council Member O'Brien
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27 Council Member Nau
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29 Vice Mayor Harris
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31 Council Member Torliatt
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33 Mr. Battaglia
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35 Council Member Torliatt
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38 Council Member Healy joined the meeting at 07:45 p.m.
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41 Mr. Battaglia
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43 Council Member Torliatt
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45 Mayor Glass
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47 Council Member Healy
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49 Council Member Torliatt
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51 Mr. Battaglia
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Vol. 41, Page 218 August 1, 2005
Council Member Healy
Council Member Torliatt
Council Member O'Brien
Allan Tilton
Mayor Glass
Mr. Tilton
Council Member O'Brien
MOTION: Approve, for the PEP Casa Grande Project, Resolution 2005-138
N.C.S. Adopting a General Plan Amendment; Resolution 2005-139 N.C.S.
Adopting a Mitigated Negative Declaration; Introduction (First Reading)
of Ordinance 2222 N.C.S. Adopting a Zoning Map Amendment, Unit
Development Plan, and PUD Development Standards (Includes
Conditions of Approval); and Resolution 2005-140 N.C.S. Authorizing the
Submittal of a HOME Application.
Moved by Pamela Torliatt, 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
7. NEW BUSINESS
A. Discussion and Approval of a Confidentiality/Joint Defense Agreement
Between the Nine Sonoma County Cities (Participants) in Connection with
the Sonoma County Central Landfill Site and Related Matters. (Bierman)
City Manager Bierman
MOTION: Approve Resolution 2005-141 N.C.S. Approval of a
Confidentiality/Joint Defense Agreement Between the Nine Sonoma
County Cities (Participants) in Connection with the Sonoma County
Central Landfill Site and Related Matters.
Moved by David Glass, seconded by Mike Harris.
Council Member Torliatt
City Manager Bierman
Council Member Torliatt
Council Member Healy
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a
August 1, 2005
Vote: Motion carried 6-0.
Vol. 41, Page 219
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike
O'Brien; Pamela Torliatt
No: None
Absent: Keith Canevaro
Discussion and Possible Action Regarding Contract Renewal for Petaluma
Community Access (PCA). (Bierman)
City Manager Bierman presented the staff report.
Public Comment
Jennine Lanouette, Executive Director, PCA
Vice Mayor Harris
Director Lanouette
Vice Mayor Harris
Mayor Glass
Council Member O'Brien
Mayor Glass
Council Member O'Brien
Council Member Torliatt
Director Lanouette
Council Member Torliatt
Council Member Healy
Director Lanouette
Council Member Healy
Council Member Nau
Mayor Glass
Council Member Nau
Vice Mayor Harris
Mayor Glass
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Vol. 41, Page 220
ADJOURN
August 1, 2005
MOTION: Approve Contract Renewal for Petaluma Community Access
(PCA). PCA will return to Council in 90 days with an update on resolving
issues.
Moved by Pamela Torliatt, seconded by Karen Nau.
Vote: Motion carried 5-1.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Pamela
Torliatt
No: Mike O'Brien
Absent: Keith Canevaro
The meeting was adjourned at 8:15 p.m.
ATTEST:
/s/
Claire Cooper, CMC, City Clerk
/s/
David Glass, Mayor