HomeMy WebLinkAboutCity Council Minutes 08/07/20061
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August 7, 2006
Vol. 42, Page 75
a City of Petaluma, California
MEETING OF THE CITY COUNCIL/
185$ PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, August 7, 2006
Regular Meeting
August 7, 2006
AFTERNOON SESSION
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: David Glass
Pledge of Allegiance
Police Chief Steve Hood
PRESENTATION
Technology and Telecommunications Advisory Committee Annual Report
Tiffany Ren6e, Chair, Technology and Telecommunications Advisory Committee,
presented the report.
Council Member Torliatt
Vice Mayor Nau
PUBLIC COMMENT
Geoff Cartwright, Petaluma, spoke regarding rumors of the Denman Dam being
resurrected.
PROCLAMATION
Celebrating "Pasta King" Art Ibleto's 80th Birthday
Council Member Torliatt presented the proclamation to Jim Leddy, who accepted the
proclamation on Mr. Ibleto's behalf.
Mr. Leddy
Vol. 42, Page 76 August 7, 2006
COUNCIL COMMENT
Council Member Torliatt
Council Member O'Brien
Council Member Torliatt
CITY MANAGER COMMENT (Police Chief Steve Hood attended as Acting City Manager)
None.
AGENDA CHANGES AND DELETIONS - To Current Agenda Only
None.
APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDC Meeting of July 17,
2006.
MOTION: Approve Minutes of Regular City Councill/PCDC Meeting of July
17, 2006, as presented.
Moved by Mike O'Brien, seconded by Mike Healy.
Vote: Motion carried 5-0.
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: David Glass
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
September 11, 2006.
Council Member Harris
Council Member Healy
Council Member O'Brien
MOTION: Approve Proposed Agenda for Regular City Council/PCDC
Meeting of September 11, 2006, amended to include Living Wage issue;
matching grant applications to the County Open Space District for the
McNeor Peninsula, Paula Lane, La Cresta Ridge, and the pumpkin patch;
circulation issues on the Riverfront application, including PUC decision
(SMART representative to be invited).
Moved by Mike O'Brien, seconded by Mike Healy.
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August 7, 2006 Vol. 42, Page 77
Council Member Torliatt
Council Member Healy
Vote: Motion carried 5-0.
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: David Glass
CONSENT CALENDAR
A. Resolution 2006-137 N.C.S. Accepting Claims and Bills for June 2006.
(Carmichael)
B. Resolution 2006-138 N.C.S. Accepting March 31, 2006 Quarterly Treasurer
Report. (Carmichael)
C. Resolution 2006-139 N.C.S. Updating Local Agency Investment Fund
Authorization for the City of Petaluma. (Carmichael)
D. PCDC Resolution 2006-15 Updating Local Agency Investment Fund
Authorization for Petaluma Community Development Commission.
(Carmichael)
E. Resolution 2006-140 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range and
Unit Assignment of Fire Battalion Chief - Emergency Medical Services.
(Carmichael/Robbins)
Resolution 2006-141 N.C.S. Approving the Final Map for the Martin Farm
Subdivision. (Marengo/Bates)
G. Resolution 2006-142 N.C.S. Approving Response Letter to Sonoma County
Grand Jury's Final Report for FY 05/06. (Bierman)
MOTION: Approve Consent Calendar Items 3A, 3B, 3C, 3D, 3E, 3F, and 3G.
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
Vol. 42, Page 78 August 7, 2006
4. PUBLIC HEARINGS
A. Resolution 2006-143 N.C.S. Confirming Cost of Abatement of Weeds.
(Ginn)
Michael Ginn, Fire Marshal, presented the staff report.
Vice Mayor Nau opened the PUBLIC HEARING.
There being no one wishing to speak, Vice Mayor Nau closed the PUBLIC
HEARING.
MOTION: Approve A. Resolution 2006-143 N.C.S. Confirming Cost of
Abatement of Weeds.
Moved by Mike Healy, seconded by Mike Harris.
Council Member Torliatt
Vote: Motion carried 5-0.
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: David Glass
B. Resolution 2006-144 N.C.S. Authorizing the Allocation of FY 2006-07
Supplemental Law Enforcement Service Funds (SLESF) for the Computer
Aided Dispatch/Records Management System (CAD/RMS). (Carmichael)
Cinde Rubaloff, Accounting Manager, presented the staff report.
Vice Mayor Nau opened the PUBLIC HEARING.
There being no one wishing to speak, Vice Mayor Nau closed the PUBLIC
HEARING.
MOTION: Approve B. Resolution 2006-144 N.C.S. Authorizing the Allocation
of FY 2006-07 Supplemental Law Enforcement Service Funds (SLESF) for the
Computer Aided Dispatch/Records Management System (CAD/RMS).
Moved by Mike O'Brien, seconded by Pamela Torliatt.
Vote: Motion carried 5-0.
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: David Glass
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August 7, 2006
I III I a I'Ll I &I ff 14 93 1,11-ki I Z I
Vol. 42, Page 79
A. Verbal Update for Progress on Construction of the Ellis Creek Water
Recycling Facility through June 2006. (Ban/Orr)
Margaret Orr, Water Resources and Conservation Engineering Manager,
presented the progress report.
Council Member O'Brien
Council Member Healy
Ms. Orr
Ken Sinclair, The Covello Group, Construction Manager for the Ellis Creek
Water Recycling Facility Project
Council Member Healy
6. NEW BUSINESS
A. PCDC Resolution 2006-16 Approving PCDC Storefront Loan Program
Specific Applications. (Marengo/Panayotou)
Joyce Clark, Capital Improvements Division Manager, Public Works
Department, presented the staff report.
Council Member Torliatt
Ms. Clark
City Attorney Danly
Council Member Torliatt
City Attorney Danly
Council Member Healy
Council Member O'Brien
Ms. Clark
City Attorney Danly
Ms. Clark
Council Member O'Brien
Ms. Clark
City Attorney Danly
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Vol. 42, Page 80
August 7, 2006
Council Member Torliatt
Council Member Healy
MOTION: Approve A. PCDC Resolution 2006-16 Approving PCDC Storefront
Loan Program Specific Applications.
Moved by Mike Healy, seconded by Mike Harris.
Vote: Motion carried 4-1.
Yes: Mike Harris; Mike Healy; Karen Nau; Pamela Torliatt
No: Mike O'Brien
Absent: David Glass
Council Member O'Brien
B. Authorization for City Manager to Award Contract for Emergency
Dredging of Petaluma River and Marina. (Marengo/Evert)
Vince Marengo, Public Works Director, presented the staff report.
Council Member Healy
Director Marengo
Council Member Healy
Director Marengo
Ross Mayfield, Recovery Operation Specialty Services, consultant
Director Marengo
Mr. Mayfield
Council Member Healy
Mr. Mayfield
Council Member Torliatt
Director Marengo
Council Member Torliatt
Director Marengo
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August 7, 2006
Public Comment
Vol. 42, Page 81
John FitzGerald, Petaluma, Petaluma River Festival Association,
encouraged Council to move forward with the emergency dredging.
Janice Cader-Thompson, Petaluma, did not think PCDC funds could
legally be used for this project.
Director Marengo
Council Member Healy
City Attorney Danly
Council Member Healy
Council Member Torliatt
Council Member O'Brien
MOTION: Approve B. Authorization for City Manager to Award Contract for
Emergency Dredging of Petaluma River and Marina, with decision on
appropriate funding source left to staff.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Council Member Healy
Council Member Torliatt
Council Member Harris
Council Member O'Brien
Council Member Harris
City Attorney Danly
Council Member Torliatt
Council Member Healy
MOTION: Amend Motion to Approve B. Authorization for City Manager to
Award Contract for Emergency Dredging of Petaluma River and Marina,
using PCDC funds if it is determined by the City Attorney that such use is
permissible; otherwise, to be funded with General Fund monies.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Vote: Motion carried 5-0.
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
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Vol. 42, Page 82 August 7, 2006
Pamela Torliatt
No: None
Absent: David Glass
ADJOURN TO CLOSED SESSION - 4:26 p.m.
PUBLIC COMMENT
None.
CLOSED SESSION
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: City of Petaluma v. Zukin, Inc. et al.,
Sonoma County Superior Court, Case No. SCV 237184.
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to
subdivision (c) of California Government Code §54956.9. Two potential cases.
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION/EXISTING LITIGATION:
Subdivisions (a) and (b) of California Government Code §54956.9: One case - Basin Street
Properties v. City of Petaluma.
August 7, 2006
EVENING SESSION
CALL TO ORDER - EVENING SESSION - 7:00 p.m.
A. Roll Call
Present: David Glass, Mike Healy, Karen Nau, Mike O'Brien, Pamela Torliatt
Absent: Mike Harris
B. Pledge of Allegiance
Council Member O'Brien
C. Moment of Silence
REPORT OUT OF CLOSED SESSION - Actions Taken
None.
PUBLIC COMMENT
Dave Libchitz, Petaluma, regarding the City's Sign Ordinance.
Debbie Buck, Petaluma United Soccer, regarding tournament to be held this weekend.
Council Member Torliatt
Barbara Arhon, Petaluma, regarding keeping Petaluma beautiful by keeping it clean with
a neighborhood preservation code.
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August 7, 2006
Geoff Cartwright, Petaluma, regarding the flooding problem in Petaluma.
COUNCIL COMMENT
Council Member Torliatt
George White, Assistant Director of Community Development Department
Council Member Torliatt
Vice Mayor Nau
Council Member O'Brien
CITY MANAGER COMMENT
None.
City Attorney Danly
NEW BUSINESS, continued from the afternoon session.
Vol. 42, Page 83
A. Resolution 2006-145 N.C.S. Authorization for City Manager to Award
Contract for Emergency Dredging of Petaluma River and Marina.
(Marengo/Evert) - Continued from the afternoon session.
MOTION: Approve Resolution 2006-145 N.C.S. Joint City Council/PCDC
Authorizing Use of Redevelopment/Making Findings/ Authorizing City to
Execute Contract for Emergency Dredging of Petaluma River, Turning
Basin, and Marina.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
City Attorney Danly
Vote: Motion carried 4-0.
Yes: Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Abstain: David Glass
Absent: Mike Harris
PUBLIC HEARING
A. Resolution 2006-146 N.C.S. FY 06-07 Landscape Assessment Districts
Annual Assessments Public Hearing and Setting of Assessments.
(Carr/De Nicola)
Council Member Torliaft recused herself for the item and left the dais.
Ron DeNicola, Parks and Landscape Manager, presented the staff report.
Vol. 42, Page 84 August 7, 2006
MOTION: Approve A. Resolution 2006-146 N.C.S. Ordering
Improvements/Confirming Diagrams and Annual Assessments for LADS FY
2006-07.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 4-0.
Yes: David Glass; Mike Healy; Karen Nau; Mike O'Brien
No: None
Abstain: Pamela Torliatt
Absent: Mike Harris
Council Member Torliatt returned to dais.
8. UNFINISHED BUSINESS
A. Introduction (First Reading) of Ordinances Adopting Amendments to the
CBD and PCD Redevelopment Plans to Fiscally Merge the Project Areas;
An Ordinance Eliminating Time Limits for Establishment of Debt in the
Project Areas Pursuant to SB 211; and an Ordinance Extending Time Limits
for Original Central Business District Project Area Pursuant to SB 1096.
(Carmichael)
Council Member Healy recused himself and left the dais.
Mayor Glass
City Attorney Danly
Mayor Glass
Council Member O'Brien
Mayor Glass
City Attorney Danly
Mayor Glass announced a five-minute break.
Mayor Glass announced that Item 8A would be continued later in the
agenda.
Council Member Healy returned to the dais.
B. Approve B. Resolution 2006-147 N.C.S. Amending Resolution No. 2006-135
N.C.S., Adopted July 17, 2006, and Ordering the Submission to the
Qualified Electors of the City of a Certain Advisory Measure Concerning
Opposition to Proposed Gaming On Approximately 277 Acres of Land
Located South of the City Of Petaluma Between Highway 101 and the
Petaluma River Opposite Kastania Road at the General Municipal Election
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August 7, 2006 Vol. 42, Page 85
to be Held on Tuesday, November 7, 2006, and Requesting the Sonoma
County Board of Supervisors to Consolidate Said Election with the
November 7, 2006 Statewide General Election in Accordance with
Resolution No. 2006-103 N.C.S. Adopted June 5, 2006; Resolution 2006-148
N.C.S. Amending Resolution No. 2006-136 N.C.S., Adopted July 17, 2006,
and Providing for the Filing of Arguments for Advisory Measure Submitted
at the November 7, 2006 Consolidated General Election and Directing the
City Attorney to Prepare an Impartial Analysis of the Measure; Resolution
2006-149 N.C.S. Authorizing Submission of Written Arguments Regarding an
Advisory Measure on the November 7, 2006 General Municipal Election
Ballot for the City of Petaluma; and Resolution 2006-150 N.C.S. Providing
for the Filing of Rebuttal Arguments for City Measures Submitted for the
November 7, 2006 Municipal Election(Harris/Healy/Nau)
Public Comment
Beverly Ortiz, Walnut Creek, follows community response to casinos
throughout the Bay Area as an anthropologist. Noted that Petaluma is not
Pomo Indian territory; it is Coast Miwok territory.
Dave Libchitz, Petaluma, wondered if an advisory ballot measure would
carry any weight.
Mayor Glass
Council Member Healy
City Attorney Danly
Mayor Glass
Council Member Healy
Council Member Torliatt
Vice Mayor Nau
Council Member Torliatt
Council Member Healy
Council Member Torliatt
City Attorney Danly
Mayor Glass
Council Member Healy
City Attorney Danly
Vol. 42, Page 86 August 7, 2006
MOTION: Approve B. Resolution 2006-147 N.C.S. Amending Resolution No.
2006-135 N.C.S., Adopted July 17, 2006, and Ordering the Submission to
the Qualified Electors of the City of a Certain Advisory Measure
Concerning Opposition to Proposed Gaming On Approximately 277 Acres
of Land Located South of the City Of Petaluma Between Highway 101
and the Petaluma River Opposite Kastania Road at the General Municipal
Election to be Held on Tuesday, November 7, 2006, and Requesting the
Sonoma County Board of Supervisors to Consolidate Said Election with the
November 7, 2006 Statewide General Election in Accordance with
Resolution No. 2006-103 N.C.S. Adopted June 5, 2006; Resolution 2006-148
N.C.S. Amending Resolution No. 2006-136 N.C.S., Adopted July 17, 2006,
and Providing for the Filing of Arguments for Advisory Measure Submitted
at the November 7, 2006 Consolidated General Election and Directing the
City Attorney to Prepare an Impartial Analysis of the Measure; Resolution
2006-149 N.C.S. Authorizing Submission of Written Arguments Regarding an
Advisory Measure on the November 7, 2006 General Municipal Election
Ballot for the City of Petaluma; and Resolution 2006-150 N.C.S. Providing
for the Filing of Rebuttal Arguments for City Measures Submitted for the
November 7, 2006 Municipal Election, changing reference to a "casino in
Rohnert Park" to a "casino near Rohnert Park."
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 5-0.
Yes: David Glass; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: Mike Harris
NEW BUSINESS
A. Status Report of Petaluma's Green Building Program and Presentation of
Draft Implementation Plan. (Moore/Boyle)
George White, Assistant Director of Community Development Department
Tiffany Robbe, Senior Planner, Community Development Department
Cliff Kendall, Chief Building Official, Community Development Department
Phil Boyle, Associate Planner, Community Development Department
Grayson James, Resource Performance Partners, Inc., consultant
Council Member Healy
Mr. James
Council Member Healy
Vice Mayor Nau
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August 7, 2006
Mr. James
Council Member Torliatt
Mayor Glass
8. UNFINISHED BUSINESS, continued
Vol. 42, Page 87
A. Introduction (First Reading) of Ordinances Adopting Amendments to the
CBD and PCD Redevelopment Plans to Fiscally Merge the Project Areas;
An Ordinance Eliminating Time Limits for Establishment of Debt in the
Project Areas Pursuant to SB 211; and an Ordinance Extending Time Limits
for Original Central Business District Project Area Pursuant to SB 1096.
(Carmichael)
Mayor Glass announced that this item would be continued to the
September 11, 2006 Council Meeting.
ADJOURN
The meeting was adjourned at 8:28 p.m.
ATTEST:
/S/
Claire Cooper, CMC, City Clerk
/S/
Karen Nau, Vice Mayor
David Glass, Mayor
/S/