HomeMy WebLinkAboutCity Council Minutes 11/06/20061
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November 6, 2006
Vol. 42, Page 153
a City of Petaluma, California
MEETING OF THE CITY COUNCIL/
185$ PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, November 6, 2006
Regular Meeting
NOVEMBER 6, 2006
AFTERNOON SESSION
AFTERNOON SESSION - CALL TO ORDER - 3:00 p.m.
A. Roll Call
Present: David Glass, Mike Healy, Karen Nau, Mike O'Brien, Pamela Torliatt
Absent: Mike Harris
Pledge of Allegiance
Council Member Torliatt
PUBLIC COMMENT
Nancee Tavares, Animal Services Manager, spoke regarding the Fifth Annual Evening for
the Animals, which will take place on Saturday, November 12, at 6:00 p.m. at Hermann
Sons Hall, 860 Western Avenue. She also introduced her dog, Sushi, who is a shelter
adoptee.
PRESENTATION
Presentation from the Sesquicentennial Committee.
Jessica Van Gardner, Petaluma Visitors Center, provided an update on the plans for
the upcoming Sesquicentennial.
Tom Corbett, Chair, Sesquicentennial Steering Committee, reviewed the agenda for
the celebration, and introduced members of the subcommittees.
Jan Mandrell, Parks and Recreation Department, spoke regarding the Events and
Scheduling subcommittee.
Terry Smith, Editor and Publisher of the Petaluma Post, outlined the work of the
Commemorative Publications subcommittee for the celebration.
Mr. Corbett
Vol. 42, Page 154 November 6, 2006
Theresa Haire, Petaluma, spoke regarding ways to involve Petaluma's youth in the
celebration.
Bill Hammerman, Petaluma, Planning & Facilitation Subcommittee, spoke regarding
earlier heritage celebrations that have taken place in the community.
Mr. Corbett
Mike Haberski, Fire Battalion Chief, spoke regarding the Petaluma Fire Department's
Sesquicentennial, which will be in 2007.
Mr. Corbett
Mayor Glass
Vice Mayor Nau
Council Member Torliatt
Council Member O'Brien
Mayor Glass
COUNCIL COMMENT
Council Member Torliatt asked that the meeting be adjourned in memory of Toni Horn,
George Hermsmeyer, and JoAnn Souza.
Mayor Glass
CITY MANAGER COMMENT
None.
AGENDA CHANGES AND DELETIONS - Changes to current agenda only
Mayor Glass suggested moving Items 4E and 4F to the evening agenda. Council agreed.
City Manager Bierman
APPROVAL OF MINUTES
A. Approval of Minutes of Special City Council/PCDC Meeting of October 12,
2006.
Mayor Glass announced he would recuse himself from voting as he was
not present at the meeting.
Motion: Approve A. Approval of Minutes of Special City Council/PCDC
Meeting of October 12, 2006, as presented.
Moved by Mike Healy, seconded by Mike O'Brien.
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November 6, 2006
Vol. 42, Page 155
Council Member Torliatt explained that she had arrived at that meeting
after roll call was taken.
Motion: Amend Motion to Approve Minutes of Special City Council/PCDC
Meeting of October 12, 2006, to reflect Council Member Torliatt's arrival
immediately after roll call.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 5-0.
Yes:
Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No:
None
Absent:
Mike Harris
Abstain:
David Glass
B. Approval of Minutes of Regular City Council/PCDC Meeting of October 16,
2006.
Motion: Approve B. Minutes of Regular City Council/PCDC Meeting of
October 16, 2006, as presented.
Moved by David Glass, 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
Abstain: None
APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
November 20, 2006.
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC
Meeting of November 20, 2006, as presented.
Moved by Mike Healy, seconded by Pamela Torliatt.
Vote: Motion carried 5-0.
Yes: David Glass; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: Mike Harris
Abstain: None
Vol. 42, Page 156 November 6, 2006
3. CONSENT CALENDAR
A. Resolution 2006-181 N.C.S. Accepting Claims and Bills for September 2006.
(Carmichael)
B. Resolution 2006-182 N.C.S. Declaring Vehicles and Equipment Surplus to
the City's Needs and Directing the City Manager to Dispose of the
Vehicles and Equipment in Accordance with Provisions of the Petaluma
Municipal Code. (Carmichael)
C. PCDC Resolution 2006-20 Determining the Necessity of Expending Funds
for the Planning and Administration of Projects and Programs which
Facilitate the Production, Improvement, or Preservation of Low- and
Moderate -Income Housing for FY 2006-2007. (Gaebler/Moore)
D. Resolution 2006-183 N.C.S. Accepting Completion of the Project to
Construct a Fishing Pier in Shollenberger Park. (Carr)
E. Resolution 2006-184 N.C.S. Authorizing Sole Source Purchase of SMART
Irrigation Controllers. (Ban/Orr/Iribarne)
F. Resolution 2006-185 N.C.S. Authorizing the Purchase of 69 Taser X26's
(Model #26016) from Pro Force Law Enforcement. (Hood/Orton)
G. Resolution 2006-186 N.C.S. Awarding Contract for the City of Petaluma's
Fixed Route Transit Service. (Marengo)
H. Resolution 2006-187 N.C.S. Accepting Completion of Airport Hangar
Project C100103. (Marengo/Lackie)
I. Resolution 2006-188 N.C.S. Authorizing a Cooperative Agreement Between
the City of Petaluma and the Sonoma County Transportation Authority
(SCTA) to Receive Transportation For Clean Air (TFCA) Project Manager
Funds for Construction of a Roundabout at the Intersection of South
McDowell Boulevard at Baywood Drive. (Marengo/Penry)
J. Resolution 2006-189 N.C.S. to Reimburse Peter Pfendler for Cost of Installing
Underground Infrastructure in 1988 for Future Airport Development off of
Executive Drive. (Marengo/Patterson) - Continued from the October 16,
2006 meeting.
Mayor Glass announced that Items 3.1 and 3.J would be pulled for discussion; 3.1
because there were individuals wishing to make public comment on the item,
and 3.J at Council Member Torliatt's request.
Motion: Approve Consent Calendar Items 3A, 3B, 3C, 3D, 3E, 3F, 3G, and 3H.
Moved by David Glass, seconded by Mike O'Brien.
Vote: Motion carried 5-0.
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November 6, 2006
Yes: David Glass; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: Mike Harris
Abstain: None
Mayor Glass (Item 3.1)
Public Comment on Item 3.1
Vol. 42, Page 157
Toni Mattos, Petaluma, spoke in favor of construction of a roundabout at
McDowell and Baywood.
Jim Kenney, Petaluma, spoke in favor of construction of a roundabout at
McDowell and Baywood.
Council Member Torliatt
Motion: Approve 3.1. Resolution 2006-188 N.C.S. Authorizing a Cooperative
Agreement Between the City of Petaluma and the Sonoma County Transportation
Authority (SCTA) to Receive Transportation For Clean Air (TFCA) Project Manager
Funds for Construction of a Roundabout at the Intersection of South McDowell
Boulevard at Baywood Drive.
Moved by Pamela Torliatt, seconded by David Glass.
Council Member O'Brien
Council Member Healy
Frank Penry, Traffic Engineer, Public Works Department
Vote: Motion carried 5-0.
Yes: David Glass; Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: Mike Harris
Abstain: None
Mayor Glass allowed a member of the public to speak regarding the Living Wage
items that had been moved to the evening agenda, because Public Comment
had been closed before that move was announced.
Richard Squaglia, Petaluma, spoke regarding illegal immigrants, and thought the
issue should be taken into consideration - "Either you can afford to support the
rest of the world or you cannot."
Mayor Glass
Council Member Torliatt (Item 3.J)
Vol. 42, Page 158 November 6, 2006
Vince Marengo, Public Works Director
Council Member Torliatt
City Attorney Danly
Council Member Torliatt
Motion: Approve 3J. Resolution 2006-189 N.C.S. to Reimburse Peter Pfendler for
Cost of Installing Underground Infrastructure in 1988 for Future Airport
Development off of Executive Drive. - Correcting references to "first right of
refusal" to read instead, "option to extend /ease for ten years."
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
Abstain: None
4. UNFINISHED BUSINESS
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B. PGDG Reselu#e4a-,I\uthorizing the ExeGYtiVe DireGtOF te ExeGyte e
Contribution Agreement Between CaltFans and PCDC to CantFibute $4M
from PCDC Account 3900 C200107 fer the East Washington inteFchange
ftoject. (AAGFeRge/LGGki�ej - This item was removed from the agenda.
C. Verbal Update for Progress on Construction of the Ellis Creek Water
Recycling Facility through September 2006. (Ban/Orr)
Margaret Orr, Water Resources and Conservation Engineering Manager,
presented the progress report.
Council Member Healy
Ms. Orr
Mayor Glass
D. Status Report on the Provision for Two -Way Traffic on Keller Street, Between
Washington Street and the Keller Street Parking Garage. (Marengo/Penry)
Frank Penry, Traffic Engineer, Public Works Department
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November 6, 2006
Mayor Glass
Council Member Torliatt
Mr. Penry
Council Member Torliatt
Mr. Penry
Mayor Glass
Vol. 42, Page 159
E. Introduction (First Reading) of an Ordinance of the City of Petaluma
Adding Chapter 2.70 to the Municipal Code of the City of Petaluma,
Establishing a Living Wage Requirement for Specified City Funded
Contracts and City Employees; Adoption of a Resolution of the City
Council of the City of Petaluma Stating Its Intent to Require a Pledge of
Labor Harmony in the Performance of Certain Contracts, Leases and
Franchises. (Bierman) - This item was moved to the evening agenda.
Adoption of a PCDC Resolution Establishing a Living Wage Policy. - This
item was moved to the evening agenda.
5. PUBLIC HEARING
A. Public Hearing and Discussion of Draft General Plan 2025 and Draft
Environmental Impact Report. (Tuft) - Continued from October 16, 2006
meeting. - This item was cal/ed and continued to the evening session.
ADJOURN TO CLOSED SESSION - 4:10 p.m.
PUBLIC COMMENT
None.
CLOSED SESSION
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to subdivision (b) of California Government Code
§54956.9: 1 potential case
Initiation of litigation pursuant to subdivision (c) 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:
Petaluma v. George and Judy Weiner, et al, Sonoma County Superior Court Case no. SCV-
236848
Vol. 42, Page 160 November 6, 2006
NOVEMBER 6, 2006
EVENING SESSION
EVENING SESSION - CALL TO ORDER - 7:00 p.m.
Present: David Glass, Mike Harris, Mike Healy, Karen Nau, Mike O'Brien,
Pamela Torliatt
Absent: None
Pledge of Allegiance
Council Member O'Brien
C. Moment of Silence
REPORT OUT OF CLOSED SESSION - Actions Taken
None.
PUBLIC COMMENT
Margi Sturm, Petaluma, had concerns about crossing Petaluma Boulevard safely,
especially near Washington Street.
Sean Sebring, Petaluma, spoke regarding mistreatment by the Petaluma Police
Department, and the new Christian Democratic Republican Party, of which he is a
member.
David Libchitz, Petaluma, said he was relieved the election was tomorrow so he wouldn't
receive any more campaign mailers. Also spoke about a mailer received from the group
"To Tell the Truth," which he says is in violation of Petaluma Campaign Laws and other
legislation.
Connie Madden, Petaluma, was pleased the Council would be talking about water
resources, and not just what development should be approved. She also spoke about
the effects of global warming.
Richard Brawn, Petaluma, spoke regarding the proposed water rate increases, and
expressed his disappointment with the way the tier system was structured.
COUNCIL COMMENT
Mayor Glass suggested Item 7A be reagendized in both Closed and Opened Session for
the November 20 meeting.
Council agreed.
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November 6, 2006
Council Member Torliatt
Vice Mayor Nau
City Manager Bierman
Vice Mayor Nau
City Manager Bierman
Council Member Torliatt
Vice Mayor Nau
City Manager Bierman
CITY MANAGER COMMENT
None.
4. & 6. UNFINISHED BUSINESS
Vol. 42, Page 161
4.E. Introduction (First Reading) of Ordinance 2256 N.C.S. of the City of
Petaluma Adding Chapter 2.70 to the Municipal Code of the City of
Petaluma, Establishing a Living Wage Requirement for Specified City
Funded Contracts and City Employees; Adoption of Resolution 2006-190
N.C.S. of the City Council of the City of Petaluma Stating Its Intent to
Require a Pledge of Labor Harmony in the Performance of Certain
Contracts, Leases and Franchises. (Bierman)
City Manager Bierman
Marty Bennett, Co -Chair, Living Wage Coalition of Sonoma County
Council Member Healy
City Attorney Danly
Motion: Approve 4.E. Introduction (First Reading) of Ordinance 2256
N.C.S. of the City of Petaluma Adding Chapter 2.70 to the Municipal
Code of the City of Petaluma, Establishing a Living Wage Requirement for
Specified City Funded Contracts and City Employees; Adoption of
Resolution 2006-190 N.C.S. of the City Council of the City of Petaluma
Stating Its Intent to Require a Pledge of Labor Harmony in the Performance
of Certain Contracts, Leases and Franchises.
Moved by Mike Healy, seconded by Pamela Torliatt.
Vote: Motion carried 6-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Mike O'Brien; Pamela Torliatt
Vol. 42, Page 162 November 6, 2006
No: None
Absent: None
Abstain: None
4.F. Adoption of PCDC Resolution 2006-21 Establishing a Living Wage Policy.
Motion: Approve 4.F. Adoption of PCDC Resolution 2006-21 Establishing a
Living Wage Policy.
Moved by Mike Healy, seconded by Pamela Torliatt.
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
6.A. Discussion and Possible Action on an Urgency Interim Ordinance Pursuant
to Government Code Section 65858 Imposing a Moratorium on the
Conversion of Mobilehome Parks in the City of Petaluma to Resident
Ownership. (Moore)
Community Development Director Mike Moore presented the staff report.
Council Member Torliatt
Director Moore
Mayor Glass
Public Comment
Bill Donahue, Petaluma, spokesperson for mobile home residents,
commended Community Development Director Mike Moore and his staff
or the thoroughness of their analysis of the matter. He asked that the
Council be proactive in protecting mobile home residents and adopt a
conversion moratorium.
Mayor Glass
Council Member Healy
Council Member Torliatt
Council Member O'Brien
Council Member Harris
Vice Mayor Nau
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8.
November 6, 2006 Vol. 42, Page 163
Council Member Torliatt
Based on recent adoption of Interim Urgency Ordinances by both the City
of Santa Rosa and the County of Sonoma in response to conversion
applications, Council consensus to take no action at this time in order to
evaluate any further actions Santa Rosa and Sonoma County may take to
address this issue. Should a conversion application be filed in Petaluma,
Council has the ability to quickly adopt an Urgency Interim Ordinance to
impose a moratorium on such conversion.
NEW BUSINESS
A. UFgeRGY Interim (DFdiRGRGe imposing a Moratorium on the issuance o
Entitlements for New Development in the City of Petaluma WhiGh Add to
the Cumulative Pniahle Wnher Dtamnnrl in the City, I Irtil Ci - m(:4c;-h Tio i-v+ho
City Gemmits to Pregmms Suffi--iept to Preyide the Required G rn ilptiye
- This item was moved to the November 20,
2006 Council Meeting.
PUBLIC HEARING, continued
A. Public Hearing and Discussion of Draft General Plan 2025 and Draft
Environmental Impact Report. (Tuft) - Continued from the afternoon
session.
Pamela Tuft, Director of General Plan Administration, presented the
Economic Health and Sustainability element of the Draft General Plan.
Mayor Glass
Council Member Healy
Director Tuft
Council Member Torliatt
Director Tuft
Mayor Glass
Council Member Torliatt
Mayor Glass
Public Comment
Sherry Taylor, Petaluma, 34 -year resident of Petaluma, retired nurse on
disability, spoke regarding housing for people with disabilities. She asked
who decides the percentage of growth necessary for the City.
Vol. 42, Page 164 November 6, 2006
Ira Bennett, Santa Rosa, regarding the natural propensity of citizens to
vote for what they see as a free lunch; for example, Proposition 13,
without thinking about the long-term consequences.
Council Member Healy
Mr. Bennett
ADJOURN
The meeting was adjourned at 8:30 p.m. At Council Member Torliatt's request, the
meeting was adjourned in memory of Toni Horn, George Hermsmeyer, and JoAnn Souza.
/S/
David Glass, Mayor
ATTEST:
/S/
Claire Cooper, CMC, City Clerk