HomeMy WebLinkAboutCity Council Minutes 03/20/2006March 20, 2006
Vol. 41, Page 395
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a��LU City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
IggB
City Council/PCDC Minutes
Monday, March 20, 2006
Regular Meeting
MARCH 20, 2006
AFTERNOON SESSION
CALL TO ORDER - 3:00 p.m.
A. Roll Call
Present: Mike Harris, Mike Healy, Karen Nau, Mike O'Brien,
Pamela Torliatt
Absent: Keith Canevaro, David Glass
Pledge of Allegiance
Frank Simpson, Petaluma
PRESENTATION
Report and Discussion Regarding the 2004-05 Annual Audit of the City's Financial
Statements.
Steven Carmichael, Administrative Services Director, introduced Nasi Raissian of
Caporicci & Larson, Certified Public Accountants.
Nasi Raissian, CPA, Caporicci & Larson
Council Member Torliatt
PUBLIC COMMENT
Carl Rebstock, Rebuilding Together Petaluma, introduced himself and invited the public
to the Annual Rebuilding Day on Saturday, April 15, 2006. For more information, call 765-
3944.
COUNCIL COMMENT
None.
CITY MANAGER COMMENT
None.
Vol. 41, Page 396
March 20, 2006
AGENDA CHANGES AND DELETIONS (Changes to current agenda only)
None.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDC Meeting of February
27, 2006.
B. Approval of Minutes of Regular City Council/PCDC Meeting of March 6,
2006.
MOTION: Approve Minutes of Regular City Council/PCDC Meeting of February 27,
2006 and Minutes of Regular City Council/PCDC Meeting of March 6, 2006, as
presented, Council Member Nau abstaining for the afternoon portion of the
February 27, 2006 meeting as she was not present.
Moved by Mike Healy, seconded by Mike Harris.
Vote: Motion carried 5-0.
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: David Glass; Keith Canevaro
Abstain: Karen Nau (February 27, 2006 3:00 p.m. session only)
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
April 3, 2006.
MOTION: Approve Proposed Agenda for Regular City Council/PCDC
Meeting of April 3, 2006, as presented.
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 5-0.
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: David Glass; Keith Canevaro
3. CONSENT CALENDAR
A. Resolution 2006-040 N.C.S. Authorizing Mayor to Sign Agreement for City
of Petaluma to Join the Economic Development Collaboration Council
(EDCC). (Bierman)
B. Resolution 2006-041 N.C.S. Declaring Weeds Growing Upon Parcels of
Public and Private Property a Public Nuisance. (Ginn)
March 20, 2006 Vol. 41, Page 397
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C. Adoption (Second Reading) of Ordinance 2233 N.C.S. Amending
Ordinance No. 2122 N.C.S. to Change General Fund Appropriations for the
Operation of the City of Petaluma from July 1, 2005 to June 30, 2006.
(Carmichael)
D. Adoption (Second Reading) of Ordinance 2234 N.C.S. Amending
Ordinance No. 2122 N.C.S. to Change Special Revenue Fund
Appropriations from Special Revenue Funds for the Operation of the City of
Petaluma from July 1, 2005 to June 30, 2006. (Carmichael)
E. Adoption (Second Reading) of Ordinance 2235 N.C.S. Amending
Ordinance No. 2122 N.C.S. to Change Capital Improvement Project
Appropriations for the Operation of the City of Petaluma from July 1, 2005
to June 30, 2006. (Carmichael)
F. Adoption (Second Reading) of Ordinance 2236 N.C.S. Amending
Ordinance No. 2122 N.C.S. to Change Internal Service Fund
Appropriations for the Operation of the City of Petaluma from July 1, 2005
to June 30, 2006. (Carmichael)
G. Adoption (Second Reading) of Ordinance 2237 N.C.S. Amending
Ordinance No. 2122 N.C.S. to Change Enterprise Fund Appropriations for
the Operation of the City of Petaluma from July 1, 2005 to June 30, 2006.
(Carmichael)
H. Resolution 2006-042 N.C.S. Authorizing the Purchase of One New Camera
Van from 3-T Equipment Company, Petaluma, in the Amount of
$141,117.68. (Carmichael)
Resolution 2006-043 N.C.S. Awarding Contract for the Airport Hangar Fire
Damage Repair, Space 11-D. (Marengo/Miche)
Resolution 2006-045 N.C.S. Approving Second Amendment to Agreement
with Sonoma County Waste Management Agency for AB 939 Services.
(Marengo)
K. Resolution 2006-044 N.C.S. Authorizing Mayor to Sign Letter of Support for
AB 32, a Bill to Establish Targets and Require Reporting of Greenhouse Gas
Emissions from Major Sources in California. (Bierman)
Council Member Nau asked to remove Consent Calendar Items 3C, 3D, 3E, 3F,
and 3G for discussion.
Council Member Torliatt asked to remove Consent Calendar Item 3.1 for
discussion.
MOTION: Approve Consent Calendar Items 3A, 3B, 3H, 31, and 3K.
Moved by Mike O'Brien, seconded by Mike Healy.
Vote: Motion carried 5-0.
Vol. 41, Page 398 March 20, 2006
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Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: David Glass; Keith Canevaro
Council Member Nau
MOTION: Approve Consent Calendar Items 3C, 3D, 3E, 3F, and 3G.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 4-1.
Yes: Mike Harris; Mike Healy; Mike O'Brien; Pamela Torliatt
No: Karen Nau
Absent: David Glass; Keith Canevaro
Council Member Torliatt
MOTION: Approve Consent Calendar Item 3J.
Moved by Mike Healy, seconded by Mike Harris.
Vote: Motion carried 5-0.
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: David Glass; Keith Canevaro
4. NEW BUSINESS
A. Resolution 2006-046 N.C.S. Authorizing Filing of Application with
Metropolitan Transportation Commission for Allocation of Transportation
Development Act/State Transit Assistance Funds for the City's Transit
System. (Marengo/Ryan)
Jim Ryan, Budget, Grant, and Project Manager, Public Works
Department, presented the staff report.
Council Member O'Brien
Council Member Harris
Council Member Torliatt
Mr. Ryan
MOTION: Approve A. Resolution 2006-046 N.C.S. Authorizing Filing of
Application with Metropolitan Transportation Commission for Allocation of
Transportation Development Act/State Transit Assistance Funds for the
City's Transit System.
Moved by Mike Healy, seconded by Mike Harris.
March 20, 2006 Vol. 41, Page 399
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Is
C
Vote: Motion carried 5-0.
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: David Glass; Keith Canevaro
Discussion and Possible Action Regarding Draft Water Advisory Committee
Letter to the Sonoma County Water Agency Regarding Water Advisory
Committee Interests. (Ban)
Mike Ban, Water Resources and Conservation Director, presented the staff
report.
City Manager Bierman
Council Member Healy
Council Member Torliatt
Council Member Healy
Council direction to the City Manager to return with more information
before sending letter.
Review and Discussion of Draft Ordinance Relating to Graffiti Removal.
(Carr)
Jim Carr, Parks and Recreation Director, presented the staff report.
Council Member Torliatt
Director Carr gave the numbers for the Graffiti Hotline - 776-3606, and the
Parks and Recreation Department - 778-4380.
Council Member O'Brien
Director Carr
Council Member Healy
Director Carr
Council Member Nau
Director Carr
Council Member Torliatt
Director Carr
Vol. 41, Page 400 March 20, 2006
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Public Comment
Frank Simpson, PINS, regarding the community's feelings about graffiti,
and suggestions for dealing with the problem.
Council Member Torliatt
Niki Shmatovich, Petaluma, regarding the graffiti and other problems on
the river trail.
Cleve Masad, Petaluma, regarding problems with graffiti at his residence,
and his suggestions for what will help.
Daphne Shapiro, Plaza North Shopping Center, in support of strong anti
graffiti legislation.
"Graffiti Ed," Petaluma, in support of strong anti -graffiti legislation and
regarding the work he has done over the last seven years to remove
graffiti.
Council Member Torliatt
Council Member Healy
Director Carr
Council Member Harris
Director Carr
Council Member O'Brien
Council Member Nau
Director Carr
Council Member Torliatt
Director Carr
Council Member Torliatt
Council Member Healy
Council Direction to staff to refine ordinance language and return to Council
at earliest opportunity.
ADJOURN TO CLOSED SESSION - 4:35 p.m.
PUBLIC COMMENT
None.
March 20, 2006
Vol. 41, Page 401
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CLOSED SESSION
• CONFERENCE WITH LABOR NEGOTIATORS: Government Code §54957.6. Agency Negotiator:
Michael Bierman/Pamala Robbins. Employee Organization: AFSCME.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: (3 cases)
California Government Code §54956.9, Subdivision (a);
Struppa v. City of Petaluma, Sonoma County Superior Court Case No. 235381;
North Bay Construction v. City of Petaluma, First Appellate District, Division 3, Case No. Al 11591
Western Oilfields Supply (dba Rain for Rent) v. North Bay Construction, Sonoma County Superior
Court Case No. SCV237045
MARCH 20, 2006
EVENING SESSION
CALL TO ORDER - 7:00 p.m.
G�•71[�11'.
Present: David Glass, Mike Harris, Mike Healy, Karen Nau, Mike O'Brien,
Pamela Torliatt
Absent: Keith Canevaro
B. Pledge of Allegiance
Council Member Torliatt
C. Moment of Silence
REPORT OUT OF CLOSED SESSION
None.
PRESENTATIONS
• Sonoma County Agricultural Preservation and Open Space District Draft Updated
Acquisition Plan.
Tom Robinson, Sonoma County Agricultural Preservation and Open Space District,
spoke regarding the draft update to the District's Acquisition Plan.
Council Member Torliatt
Mr. Robinson
Mosquito & Vector Control District Flood Clean -Up Issues.
Jim Wanderscheid, Manager of the Marin/Sonoma Mosquito & Vector Control District
Council Member Torliatt
Vol. 41, Page 402 March 20, 2006
Mr. Wanderscheid
Council Member Nau
Mr. Wanderscheid
Council Member Nau
Mr. Wanderscheid
PUBLIC COMMENT
Bryant Moynihan, Petaluma, regarding budget deficits and ways to increase sales tax
revenue, and his concerns regarding the 2020-25 General Plan.
Geoff Cartwright, Petaluma, regarding development and flooding concerns.
Stan Gold, Petaluma, about responsible uses for land in the floodplain.
COUNCIL COMMENT
Council Member Nau
Council Member Healy
City Manager Bierman
Council Member Healy
City Manager Bierman
Mayor Glass
Council Member Torliatt
Mayor Glass
CITY MANAGER COMMENT
None.
5. NEW BUSINESS
A. Resolution 2006-047 N.C.S. Removing Non -Participating Member of the
Animal Services Advisory Committee and Declaring Vacancy on That
Body for an Unexpired Three -Year Term Expiring June 30, 2008; G-nd
(Cooper) - There were no applications for the vacancy.
March 20, 2006
Vol. 41, Page 403
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MOTION: Approve A. Resolution 2006-047 N.C.S. Removing Non -
Participating Member of the Animal Services Advisory Committee and
Declaring Vacancy on That Body for an Unexpired Three -Year Term
Expiring June 30, 2008.
Moved by David Glass, 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
B. Discussion and Possible Action on Two Alternative Urgency Interim
Ordinances Respectively Proposed by Council Member Healy and
Council Member Torliatt Imposing a Moratorium on the Issuance of
Entitlements for Specified New Development in the City of Petaluma in the
Floodplain Depicted in the 1989 FEMA Flood Insurance Rate Map (FIRM).
Mayor Glass
City Attorney Danly
Mayor Glass
Council Member Healy
Council Member Nau
. I ►1[�iC ii1.741W-Mlf fi➢
Council Member Harris
Council Member O'Brien
Mayor Glass
City Attorney Danly
Mayor Glass
Council Member Healy presented his preference for an Urgency Interim
Ordinance.
Council Member Torliatt spoke regarding her preference for an Urgency
Interim Ordinance.
Mayor Glass
Vol. 41, Page 404
March 20, 2006
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Public Comment
John Cheney, Petaluma, in favor of a moratorium on building in the
floodplain, which he believes should have been put into place many
years ago.
Chris Wood, Petaluma, operator of KOA campgrounds, expressed
concerns about the language of the proposed ordinances and whether
his current operation would be affected.
Mayor Glass
City Attorney Danly
Council Member Torliatt
Council Member Torliatt
City Attorney Danly
Mayor Glass
City Attorney Danly
Mayor Glass
Mr. Wood
Council Member Healy
Wayne Wood, Petaluma, operator of KOA campgrounds, expressed
concerns about the language of the proposed ordinances and whether
his current operation would be affected.
Mayor Glass
City Attorney Danly
Mr. Wood
Mayor Glass
Mr. Wood
City Attorney Danly
Ellen Bicheler, Petaluma, in support of a building moratorium in the
floodplain.
March 20, 2006
Vol. 41, Page 405
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Janice Cader-Thompson, Petaluma, spoke regarding the differences
between the two proposed interim urgency ordinances, and in favor of
Council Member Torliatt's proposed ordinance.
Bill Saks, William Saks & Company, St. Helena, spoke in favor of an interim
urgency ordinance, to provide time to develop solutions.
Tom Burke, Hydrologic Systems, Petaluma, in favor an interim urgency
ordinance to provide time to develop potential fixes for some of the
flooding once the water resources element of the General Plan is
completed, and possible opportunity for the City to team with developers
to achieve fixes the City cannot afford to complete alone.
David Swaney, Petaluma, President of Aurora Club Business Center,
Industrial Avenue, regarding hydrology studies done in connection with
the building of the shopping center where K-Mart is located.
Marc Ashton, Petaluma, regarding streams that flooded in the New Year's
storm because they are choked with vegetation. He urged the City to
encourage the SCWA to maintain the streams.
Council Member Torliatt
David Keller, Petaluma, spoke in memory of Luna B. Leopold, considered
the "father of modern hydrology," who died a few weeks ago. He stated
that flooding is not a problem until building is allowed in the floodplain.
Geoff Cartwright, Petaluma, thought an ordinance combining Council
Member Healy's and Council Member Torliatt's proposals might work, but
the moratorium should be permanent.
Ted Cabral, Petaluma, Cycle West, regarding problems with debris in the
creek that have not been removed.
Bill Phillips, Petaluma, reminded Council that they will be "long gone"
when the ramifications of decisions that they make now will be felt by the
future citizens of Petaluma.
Brad Koch, BB&K Capital, Petaluma, asked how to protect his tenants from
further flooding.
City Attorney Danly
Council Member Torliatt
Mr. Koch
Mayor Glass
City Attorney Danly
Vol. 41, Page 406
March 20, 2006
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Mayor Glass
Hank Flum, Petaluma, regarding vegetation choking Corona Creek.
Stan Gold, Petaluma, expressed his appreciation for Council's
consideration of a moratorium.
Mayor Glass
Council Member Torliatt
Council Member Healy
Mayor Glass
Council Member Healy
City Attorney Danly
Mayor Glass
Council Member Healy
Council Member Torliatt
Council Member Healy
Mayor Glass
City Attorney Danly
Council Member Torliatt
City Attorney Danly
Council Member Torliatt
Council Member Healy
Mayor Glass
Council Member Healy
Council Member Nau
Council Member Harris
Mayor Glass
Council Member Torliatt
Council Member Harris
March 20, 2006
Vol. 41, Page 407
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C
Council Member O'Brien
Council Member Torliatt
Mayor Glass
City Attorney Danly
Mayor Glass
City Attorney Danly
Council Member Healy
City Attorney Danly
Mayor Glass
City Attorney Danly
Council Member Torliatt
Council directed City Attorney Danly to draft revised urgency interim
ordinances modeled on Council Member Healy's and Council Member
Torliatt's proposals with additions/changes suggested, including
clarification of ambiguous language and exceptions for minor building
improvements, including flood damage repair. Council also directed staff
to work toward making findings regarding the state -mandated exception
to multi -family housing projects in the floodplain. This is to be agendized
for the April 3, 2006 Council Meeting.
Council Discussion on Flood Protection Next Steps; Provide Feedback
and/or Direction to City Manager.
1. Detention/Retention Feasibility.
2. Sonoma County Policy on Zero Net Fill.
3. General Plan 2020-25 Draft Land Use/Agricultural Designations.
4. XP-SWMM Model Runs/High Tide Calculations.
5. Industry Lead Railroad Trestle.
Stream Maintenance.
Flood Development Moratorium.
Mayor Glass
Council Member Torliatt
MOTION: Approve Staff Recommendations.
Moved by Pamela Torliatt, seconded by David Glass.
City Manager Bierman
Vol. 41, Page 408 March 20, 2006
Public Comment
Robert Gilford, Petaluma, stated that $50 million damage was not a "storm
event" - it was a "flood." He urged Council to do whatever possible to
keep this from happening again.
Brad Koch, BB&K Capital, Petaluma, asked how to protect his tenants from
further flooding.
David Yearsley, Petaluma, Friends of the Petaluma River, regarding
materials that should not be stored in areas where they may impact the
river.
Bill Saks, William A. Saks & Co., St. Helena, regarding the Hummel property
and its designation in the 2020-2025 General Plan.
Ted Cabral, Cycle West, Petaluma, suggested a task force to deal with
County agencies regarding clean up after flood, etc.
Cleve Masad, Petaluma, spoke regarding global warming and the
increase in rain and potential flooding.
Bryant Moynihan, Petaluma, regarding General Plan Land Use.
Mayor Glass
City Attorney Danly
Mayor Glass
Bob Martin, Petaluma, regarding real time stream gauges, available on
the Internet.
Geoff Cartwright, Petaluma, regarding the map showing inundation by
flood waters during the New Year's Storm, and called the storm a "Forty -
year storm producing I 00-year storm flooding."
David Keller, Petaluma, thanked Council for finally discussing moratorium
on building in the floodplain.
Council Member Torliatt
Council Member Harris
Council Member O'Brien
Council Member Healy
City Manager Bierman
Council Member Healy
March 20, 2006
Vol. 41, Page 409
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City Manager Bierman
Council Member Healy
Council Member Nau
Mayor Glass
Council Member Torliatt
AMENDED MOTION: Approve Staff Recommendations with additions
requested by Council, which included the following topics:
• Stream maintenance responsibility clarification.
• Raising and strengthening the existing berm at the Leisure Lake Mobile
Home Park.
• Abatement process update for the Petaluma Auction Yard.
• Potential retention/detention sites.
• Calculation methods used for runoff factors.
• Railroad berm on North McDowell Boulevard.
• Relocation of telephone line crossing river downstream of the Lakeville
Bridge.
• High tide calculations.
• Zero Net Fill policy for Sonoma County.
• Possible acquisition of Benson property.
• Removal of remaining trestle.
• Role of constriction weir.
Moved by Pamela Torliatt, seconded by David Glass.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No: None
Absent: Keith Canevaro
The meeting was adjourned at 10:15 p.m.
Pamela Torliatt, Mayor Pro Tem
David Glass, Mayor
Claire Cooper, CM['City Clerk