HomeMy WebLinkAboutCity Council Minutes 09/18/20061
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September 18, 2006
Vol. 42, Page 109
City of Petaluma, California
I85$ MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, September 18, 2006
Regular Meeting
September 18, 2006
AFTERNOON SESSION
AFTERNOON SESSION - CALL TO ORDER - 3:00 p.m.
A. Roll Call
Present: David Glass, Mike Harris, Mike Healy, Karen Nau, Mike O'Brien,
Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Council Member Harris
PRESENTATIONS/PROCLAMATIONS
• Award of Recognition to the City of Petaluma from Redwood Empire Chapter of the
American Institute of Architects for Fostering Livable Cities.
Mary Dooley, Architect, Petaluma, on behalf of the Redwood Empire Chapter of the
American Institute of Architects
Presentation/Proclamation for American Cancer Society Health Campaign.
Mayor Glass
Sheryl Khoo, Colon Cancer Free Zone, Speaker's Bureau, Volunteer Lead and Laura
Moss, Community Director, American Cancer Society, Greater Bay Area/Redwood
Empire Region
Mrs. "W - local resident and cancer survivor
Ms. Khoo
Mayor Glass
Ms. Khoo
Vol. 42, Page I 10 September 18, 2006
• Proclaiming the Week of October 8-14, 2006 "Fire Prevention Week."
Mayor Glass
Fire Marshal Mike Ginn
PUBLIC COMMENT
Geoff Cartwright, Petaluma, regarding an article in the Press Democrat regarding
Cloverdale's water shortage. He stated that Petaluma does not have an adequate
water supply for continued development.
Bill Hammerman, Petaluma, regarding emergency preparedness, and upcoming events.
He provided Council with the Petaluma NERT (Neighborhood Emergency Response
Team) Leadership Newsletter. He introduced Bill Paxton.
Bill Paxton, Petaluma, regarding the certified CERT (Community Emergency Response
Team) training for emergency preparedness that has been going on for the last few
months.
Bryant Moynihan, Petaluma, read a letter he sent to Council regarding his public records
request.
COUNCIL COMMENT
Council Member Torliatt
Mayor Glass
CITY MANAGER COMMENT (Police Chief Steve Hood attended the meeting as Acting City
Manager)
None
AGENDA CHANGES AND DELETIONS (To current agenda only)
Mayor Glass announced that Consent Calendar Item 2G had been removed from the
agenda and would be rescheduled.
2. CONSENT CALENDAR
A. Resolution 2006-163 N.C.S. Authorizing the Purchase of One New
Emergency Type III Ambulance from Braun Northwest, Inc., Chehalis, WA
in the Amount of $112,936.75. (Carmichael)
B. Resolution 2006-164 N.C.S. Setting Annual Assessment Rates for
Assessment Districts. (Carmichael)
C. Adoption (Second Reading) of Ordinance 2251 N.C.S. and Ordinance
2252 N.C.S. Adopting Amendments to the Redevelopment Plans for the
Central Business District and Petaluma Community Development Project
Areas to Fiscally Merge the Project Areas; Ordinance 2253 N.C.S.
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September 18, 2006
Vol. 42, Page 1 1 1
Eliminating Time Limits for Establishment of Debt for the Petaluma
Community Development and Original Central Business District Project
Areas Pursuant to SB 211 and Ordinance 2254 N.C.S. Extending the Time
Limit for Plan Effectiveness and Tax Increment Receipt for the Original
Central Business District Project Area Pursuant to SB 1096. (Carmichael)
D. Resolution 2006-165 N.C.S. of the City of Petaluma Adopting a Conflict of
Interest Code for Public Officials and Designated Employees as Required
by the Political Reform Act and Regulations of the Fair Political Practices
Commission and Repealing Resolution 2004-178 N.C.S. (Cooper)
E. Resolution 2006-166 N.C.S. Accepting Completion of Work by City's Weed
Abatement Contractor. (Ginn)
Resolution 2006-167 N.C.S. Authorizing the City Manager to Approve
Modification and Renewal of the Tow Franchise Agreement and Increase
the Administrative Tow Fee from $105.00 to $140.00. (Hood/Thomas)
G. .
(MGFeRgG/I GGkie) - Removed from the agenda.
H. Resolution 2006-169 N.C.S. Approving the Phase III Final Map for the
Southgate Subdivision. (Marengo/Bates)
Approving Fly -In at the Petaluma Municipal Airport in Celebration of
Veterans Day, Saturday, November 11, 2006. (Marengo/Patterson)
Resolution 2006-168 N.C.S. Amending the Classification and
Compensation Plan By Establishing the New Classification, Pay Range,
and Unit Assignment of Transit Manager. (Carmichael/Robbins)
Council Member O'Brien asked to pull Item 21 for discussion.
Council Member Healy asked to pull Item 2C to be voted on separately, because
he would be abstaining on the item.
Council Member Torliatt asked to pull Item 2H to be voted on separately,
because she would be voting "no" on the item.
Mayor Glass
Motion: Approve Consent Calendar Items 3A, 3B, 3D, 3E, 3F, and 3J.
Moved by David Glass, seconded by Mike O'Brien.
Vote: Motion carried 6-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No: None
Absent: None
Abstain: None
Vol. 42, Page 1 12
Item 2C
Mayor Glass
September 18, 2006
Council Member Healy announced he would be abstaining on Item 2C.
Motion: Approve Adoption (Second Reading) of Ordinance 2251 N.C.S. and
Ordinance 2252 N.C.S. Adopting Amendments to the Redevelopment Plans for
the Central Business District and Petaluma Community Development Project
Areas to Fiscally Merge the Project Areas; Ordinance 2253 N.C.S. Eliminating Time
Limits for Establishment of Debt for the Petaluma Community Development and
Original Central Business District Project Areas Pursuant to SB 211 and Ordinance
2254 N.C.S. Extending the Time Limit for Plan Effectiveness and Tax Increment
Receipt for the Original Central Business District Project Area Pursuant to SB 1096.
Moved by David Glass, seconded by Mike O'Brien.
Vote: Motion carried 5-0.
Yes: David Glass; Mike Harris; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: None
Abstain: Mike Healy
[Ii- 77wo
Mayor Glass
Motion: Approve H. Resolution 2006-169 N.C.S. Approving the Phase III Final Map
for the Southgate Subdivision.
Moved by David Glass, seconded by Mike O'Brien.
Vote: Motion carried 5-1.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien
No: Pamela Torliatt
Absent: None
Abstain: None
At this time, Council Member O'Brien noted that Item lA had been inadvertently
skipped, and the Consent Calendar was briefly interrupted.
APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
October 2, 2006.
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC
Meeting of October 2, 2006, as presented.
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2.
September 18, 2006 Vol. 42, Page 1 13
Moved by Mike O'Brien, 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:
None
Abstain:
None
CONSENT CALENDAR, continued
Approving Fly -In at the Petaluma Municipal Airport in Celebration of
Veterans Day, Saturday, November 11, 2006. (Marengo/Patterson)
Council Member O'Brien
Public Comment
Don Smith, Chair, Petaluma Airport Commission, was surprised that
Council had gotten involved in this. He said it should have been handled
by the Airport Commission, according to Title 16 of the Municipal Code.
He explained that the applicant was asked to meet with the Airport
Manager regarding the proposed fly -in.
Mayor Glass
Mr. Smith
Ed Fullerton, Member, Petaluma Airport Commission, was surprised to see
this item suddenly appear on the Council agenda. The commission
thought the applicant was going to meet with the Airport Manager
regarding the proposal.
Mayor Glass
Mr. Fullerton
Mayor Glass
Mr. Fullerton
Council Member Torliatt
Mr. Fullerton
Council Member Healy
Mr. Fullerton
Council Member O'Brien
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Vol. 42, Page 1 14
September 18, 2006
Council Member Healy
Mayor Glass
Mr. Fullerton
Mayor Glass
Council Member Torliatt
Council Member Healy
City Attorney Danly
Council Member Healy
Mayor Glass
Council Member O'Brien
Council Member Torliatt
Council Member O'Brien
Council Member Torliatt
Council Member O'Brien
Motion #1: Approve Council supports the proposed fly -in and staff should
determine what insurance is needed, ensure that the conditions of
approval in the staff report are met, and then refer the item back to the
Airport Commission.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Mr. Smith
Mayor Glass
Mr. Smith
Council Member Healy
Mr. Smith
Council Member Healy
Mayor Glass
Council Member Healy
Vice Mayor Nau
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September 18, 2006
Council Member Harris
Mayor Glass
City Attorney Danly
Mayor Glass
City Attorney Danly
Mayor Glass
Council Member Torliatt
Council Member Healy
Council Member Torliatt
Council Member Healy
Council Member O'Brien
Council Member Harris
Mayor Glass
Motion #2: Call for the question.
Moved by Pamela Torliatt, seconded by David Glass.
Vote on Motion #2: Motion passed 4-2.
Yes: David Glass; Mike Harris; Mike O'Brien;
Pamela Torliatt
No: Mike Healy; Karen Nau
Absent: None
Abstain: None
Vote on Motion #1: Motion failed 3-3.
Yes:
David Glass; Mike O'Brien; Pamela Torliatt
No:
Mike Harris; Mike Healy; Karen Nau
Absent:
None
Abstain:
None
Council Member Healy
Vol. 42, Page 1 15
Direction to Airport Commission to work with staff on this proposal.
Vol. 42, Page 1 16 September 18, 2006
3. NEW BUSINESS
A. Introduction (First Reading) of Ordinance 2255 N.C.S. to Re -Establish or
Amend Radar Enforceable Speed Limits on Certain Streets within the City
of Petaluma. (Marengo/Penry)
Frank Penry, Traffic Manager, Public Works Department, presented the
staff report.
Mayor Glass
Motion: Approve A. Introduction (First Reading) of Ordinance 2255
N.C.S. to Re -Establish or Amend Radar Enforceable Speed Limits on
Certain Streets within the City of Petaluma.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Vote: Motion carried 6-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
No:
None
Absent:
None
Abstain:
None
B. Discussion and Possible Direction and Action Regarding (1) Providing the
Public with Information Establishing that the Intergovernmental Charges
and Administrative Fees Being Charged (Including But Not Limited to
Those Being Charged as Overhead to Capital Improvement Program
Projects) Are Not Excessive and Therefore Potentially Improper; (2)
Developing Necessary Internal Cost Information to Determine Whether
Such Charges Are or Are Not Excessive; and (3) External Audit of Level of
Overhead Charges Since They Were First Imposed. (Healy/Nau/Harris)
Mayor Glass
Council Member Healy
Mayor Glass
Bryant Moynihan, Petaluma
Council Member Healy
Police Chief and Acting City Manager Steve Hood
Council Member Healy
Mr. Moynihan
Council Member Healy
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September 18, 2006
City Attorney Danly
Council Member Healy
Mayor Glass
Council Member Healy
City Attorney Danly
Council Member Healy
City Attorney Danly
Council Member Healy
Council Member Torliatt
Mayor Glass
Mr. Moynihan
Mayor Glass
Council Member Healy
City Attorney Danly
Vol. 42, Page 11 7
Council Member Healy suggested Council give direction to staff to bring
information back to Council within 30 days regarding the administrative
fees charged on Capital Improvement Projects, and whether such fees
are in compliance with state low. Council would then determine what
further steps needed to be taken. Other Council Members concurred.
Council Member Torliatt
Council Member Harris
Mayor Glass
Vice Mayor Nau
Council Member Healy
Vice Mayor Nau
Mayor Glass
ADJOURN TO CLOSED SESSION - 4:45 p.m.
Vol. 42, Page 1 18 September 18, 2006
PUBLIC COMMENT
None.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: 3
potential cases.
Significant exposure to litigation pursuant to subdivision (b) of California Government Code
§54956.9: 1 potential case
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to subdivision (a) of
California Government Code §54956.9:
Basin Street Properties v. City of Petaluma
City Council of the City of Petaluma; and Does 1-20 - Sonoma County Superior Court action
number SCV-239032.
City of Petaluma v. George Weiner and Judy Weiner - Sonoma County Superior Court action
number SCV-236848.
Joe Long and Angela Long v. City of Petaluma, Sonoma County Superior Court action number
SCV-239227.
ADJOURN
Closed Session adjourned at 6:10 p.m. There was no evening Council Meeting.
/S/
David Glass, Mayor
ATTEST:
/S/
Claire Cooper, CMC, City Clerk