HomeMy WebLinkAboutCity Council Minutes 10/02/20061
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October 2, 2006
Vol. 42, Page 119
a��LU City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
I85$
City Council/PCDC Minutes
Monday, October 2, 2006
Regular Meeting
October 2, 2006
EVENING SESSION
EVENING SESSION - CALL TO ORDER - 7:00 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 Torliatt
C. Moment of Silence
PROCLAMATIONS/PRESENTATIONS
• Proclaiming Emergency Nurses Appreciation Day (October 11, 2006) and Week
(October 8-14, 2006).
Mayor Glass
Council Member O'Brien presented the proclamation to Wendy Thomas, Emergency
Room Nurse, Petaluma Valley Hospital.
Ms. Thomas
Council Member O'Brien
• Proclaiming October 2 - 7, 2006 as Petaluma Build It Green Week.
Mayor Glass
Council Member Torliatt presented the proclamation to Grayson James of Resource
Performance Partners, Inc.
Mr. James
Council Member Torliatt
Vol. 42, Page 120 October 2, 2006
Mr. James
Mayor Glass
• Citizen Action Awards - Fire Department
Mayor Glass
Fire Chief Chris Albertson
Battalion Chief Mike Haberski asked Jim Nason to join him. Mr. Nason realized a
neighboring home was on fire and rushed into the building, up the stairs, and
dragged an unconscious man from the building.
Captain Russ Rasmussen asked Ron Balzar to join him. Mr. Balzar was driving with his
Boy Scout Troop when he witnessed a vehicle crash into a tree and burst into flames.
He extricated the semi-conscious driver from her car shortly before the fire reached
the passenger compartment and cared for her until paramedic/firefighters arrived.
PUBLIC COMMENT
Jennine Lanouette, Executive Director, Petaluma Community Access (PCA), spoke of her
achievements in the last two years, recommendations for the future, and announced her
resignation effective November 1, 2006.
Mayor Glass
Nile Heath, Petaluma, is partial owner of a 7 -acre parcel she would like to propose as
open space, and invited Council to visit the property.
Mayor Glass
Ms. Heath
Mayor Glass
Bill Donahue, Petaluma, gave Council a memo regarding Proposition 90 and asked for
their support for a "no" vote on this proposition.
Jim March, Petaluma, father of six, spoke regarding the problem of underage drinking,
minors being allowed into bars, and the need to find ways to limit access to alcohol by
minors.
Claudia Phelps, Petaluma, Owner, The Aesthetic Approach, spoke regarding her August
23 letter to the Argus -Courier describing the "Jekyll and Hyde" atmosphere in the
downtown area caused by drunken bar patrons and said the nighttime scene in
Petaluma sets a bad example for youth and is a deterrent to visitors. She invited Council
to watch some night from her shop.
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October 2, 2006
Vol. 42, Page 121
Diane Reilly Torres, Petaluma, has not seen any Mayoral and Council candidates make
statements on PCA, and encouraged the City to contribute $5,000 to PCA for low-power
FM.
Mary Glardon, Petaluma, spoke regarding flooding in Petaluma, and the need to
address global warming. She said the City must get very serious about this problem and
err on the side of the safety of its citizens.
Janice Cader-Thompson, Petaluma, spoke regarding campaign literature and "hit
pieces." She said she was disappointed that candidates would mail out "hit pieces"
against other candidates. She spoke in support of Pamela Torliatt for Mayor of Petaluma,
and Spence Burton and Teresa Barrett for Council.
COUNCIL COMMENT
Vice Mayor Nau
Council Member Harris
Council Member O'Brien
Council Member Healy
Council Member O'Brien
Council Member Torliatt
Council Member Healy
Mayor Glass
CITY MANAGER COMMENT
City Manager Bierman
AGENDA CHANGES AND DELETIONS - Changes to current agenda only
None
APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDC Meeting of September
11, 2006.
Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of
September 11, 2006, as presented.
Moved by David Glass, seconded by Mike O'Brien.
Vote: Motion carried 6-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
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Vol. 42, Page 122
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October 2, 2006
Mike O'Brien; Pamela Torliatt
No: None
Absent: None
Abstain: None
B. Approval of Minutes of Regular City Council/PCDC Meeting of September
18, 2006.
Motion: Approve B. Minutes of Regular City Council/PCDC Meeting of
September 18, 2006, as presented.
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
Absent:
None
Abstain:
None
APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
October 16, 2006.
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC
Meeting of October 16, 2006, as presented.
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
CONSENT CALENDAR
A. Resolution 2006-170 N.C.S. Supporting Propositions 1 A, 1 B, 1 C, 1 D, 1 E and
84 on the November 26 Ballot. (Bierman)
B. Resolution 2006-171 N.C.S. Accepting Claims and Bills for August 2006.
(Carmichael)
C. Resolution 2006-172 N.C.S. to Receive and File June 30, 2006 Quarterly
Treasurer's Report. (Carmichael/Rubaloff)
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October 2, 2006
Vol. 42, Page 123
D. Resolution 2006-174 N.C.S. Declaring the Official Intent of the City of
Petaluma to Reimburse Itself for Certain Capital Expenditures from the
Proceeds of Indebtedness. (Carmichael)
E. PCDC Resolution 2006-18 Declaring the Official Intent of the Petaluma
Community Development Commission to Reimburse Itself for Certain
Capital Expenditures from the Proceeds of Indebtedness. (Carmichael)
F. Adoption (Second 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)
G. Resolution 2006-173 N.C.S. Adopting the Build It Green New Home
Construction, Home Remodeling and Multifamily Green Building
Guidelines as City Reference Documents, and Petaluma Build It Green's
Program and Green Points Rating System. (Moore/Boyle)
Public Comment
Diane Reilly Torres, Petaluma, spoke regarding Item 3C - she noticed it
included a loan to the Parks and Recreation CIP fund and hoped that
would get Magnolia Park "up and running"; on Items 3D and 3E she
reminded Council of the findings they made when they merged the
redevelopment areas; and on Item 3F she was surprised that the speed
limit on McDowell jumped from 30 to 40 mph but she had been assured
that this was legal.
Motion: Approve 3. CONSENT CALENDAR
Moved by David Glass, seconded by Mike O'Brien.
Vice Mayor Nau asked to pull Items 3D and 3E for discussion.
Motion: Amend motion to remove Consent Calendar Items 3D and 3E
from the motion, and approve Items 3A, 3B, 3C, 3F, and 3G.
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
Items 3D and 3E
Vice Mayor Nau
Administrative Services Director Steven Carmichael
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Vol. 42, Page 124
Vice Mayor Nau
Director Carmichael
Vice Mayor Nau
Director Carmichael
Vice Mayor Nau
City Manager Bierman
Vice Mayor Nau
City Manager Bierman
October 2, 2006
Council Member O'Brien
Mayor Glass
Vice Mayor Nau
Council Member Healy
Motion: Approve Consent Calendar Items 3D and 3E.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 5-1.
Yes: David Glass; Mike Harris; Mike Healy; Mike O'Brien;
Pamela Torliatt
No: Karen Nau
Absent: None
Abstain: None
4. UNFINISHED BUSINESS
A. Discussion and Direction on Proposed Living Wage Ordinance and
Resolution. (Bierman)
City Attorney Eric Danly
City Manager Bierman
City Attorney Danly
Council Member Torliatt
City Attorney Danly
Council Member Healy
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October 2, 2006
City Attorney Danly
Council Member Healy
Council Member Torliatt
City Attorney Danly
Mayor Glass
Council Member Torliatt
City Attorney Danly
Vol. 42, Page 125
Marty Bennett, Co -Chair, Living Wage Coalition, Santa Rosa
Council Member Harris
Mr. Bennett
Council Member Torliatt
Mr. Bennett
Mayor Glass
Public Comment
Larry L. Wasem, Marina Office Park Associates, Petaluma, called the
proposed ordinance a failed, miserable economic proposal, and said the
living wage has never worked, never will work, will harm those it is
supposed to help, and put the City at an economic disadvantage. He
suggested the City exempt leases.
Richard Brawn, Petaluma, was once in favor of a living wage, but now
feels that it is irrelevant because no one in politics is interested in doing
something about the illegal immigrant problem. These immigrants, he
stated, are creating a lower pay scale. Giving people the tools to help
themselves is what elevates people: education - not money.
Ben Boyce, Living Wage Coalition, feels that living wage ordinance
represents an opportunity for Council to make a stand on basic economic
justice.
Connie Madden, Petaluma, said the concept of living wage seems to be
working in over 140 cities across the country. A lot more people are
included in programs in other cities, but this [the proposed ordinance) will
still push Council to look at what people need to be able to live in this
City.
City Manager Bierman
Vol. 42, Page 126 October 2, 2006
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Mayor Glass
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Council Member Healy
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Council Member Torliatt
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Mayor Glass
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Council Member Torliatt
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Council Member Healy
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City Manager Bierman
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Council Member Healy
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City Manager Bierman
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Council Member O'Brien
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City Attorney Danly
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Mayor Glass
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City Manager Bierman
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City Attorney Danly
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Mayor Glass
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Council Member Torliatt
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City Attorney Danly
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Council Member Harris
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Council Member O'Brien
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City Manager Bierman
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Vice Mayor Nau
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City Manager Bierman
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Vice Mayor Nau
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Council Member Healy
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Council Member O'Brien
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Council Member Torliatt
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October 2, 2006
Mayor Glass
Vol. 42, Page 127
City Attorney Danly
Council direction to City Attorney and City Manager to return to Council
at the October 16, 2006 meeting with additional information regarding
exemption of non -profits and current leases; labor peace, workplace
access, responsible bidder, PCDC ordinance, and annual review of COLA
impact.
PUBLIC HEARING
A. Public Hearing and Discussion of Draft General Plan 2025 and Draft
Environmental Impact Report. (Tuft)
Director of General Plan Administration Pamela Tuft
Mayor Glass
Director Tuft
Mayor Glass
Director Tuft
Council Member Torliatt
Director Tuft
Council Member Torliatt
Director Tuft
Council Member O'Brien
Director Tuft
Council Member Healy
Director Tuft
Vice Mayor Nau
Director Tuft
Vice Mayor Nau
Director Tuft
Mayor Glass
Vol. 42, Page 128 October 2, 2006
Public Comment
Richard Brawn, Petaluma, regarding growth projections and water supply.
Who will pay for the new, more expensive water? Policies are necessary to
determine this. New growth must pay for this, not existing customers.
Mary Glardon, Petaluma, suggested that when developing/remodeling in
East Petaluma, the City encourage "new buildings that look old-
fashioned" to unify the two sides of the City. She was against allowing
a big -box home improvement store across from Petaluma Valley Hospital.
David Keller, Petaluma, Petaluma River Council, agreed with Ms.
Glardon's comments, and spoke regarding flood management and the
need to include in the General Plan that new development SHALL pay for
itself. He added that flood projections have been consistently wrong since
1972.
Mayor Glass
Council Member Healy
Director Tuft
Mayor Glass
Council Member Torliatt
Mayor Glass announced that the Public Hearing was continued to
October 16 at 7:00 p.m.
ADJOURN TO CLOSED SESSION - 10:06 p.m.
PUBLIC COMMENT
None.
CLOSED SESSION
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to subdivision (a) of
California Government Code §54956.9: Petaluma v. George and Judy Weiner, et al, Sonoma
County Superior Court Case No. SCV-236848
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to subdivision (b) of California Government Code
§54956.9: 2 potential cases
Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: 2
potential cases
ADJOURN
Closed Session adjourned at 11:10 p.m.
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ATTEST:
/S/
Claire Cooper, CMC, City Clerk
October 2, 2006
/S/
David Glass, Mayor
Vol. 42, Page 129