HomeMy WebLinkAboutCity Council Minutes 11/20/20061
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November 20, 2006
Vol. 42, Page 165
City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, November 20, 2006
Regular Meeting
NOVEMBER 20, 2006
AFTERNOON SESSION
AFTERNOON SESSION - CALL TO ORDER - 3:00 D.m.
A. Roll Call
Present: Mike Harris; Mike Healy, Karen Nau, Mike O'Brien, Pamela Torliatt
Absent: David Glass
Pledge of Allegiance
Director of Parks and Recreation Jim Carr
PUBLIC COMMENT
Geoff Cartwright, Petaluma, spoke about flooding issues and the Denman flats terracing
and how that area needs to be looked at more closely.
COUNCIL COMMENT
Council Member Torliatt
CITY MANAGER COMMENT
None.
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 November
6, 2006.
Motion: Approve Minutes of Regular City Council/PCDC Meeting of
November 6, 2006, as presented.
Moved by Mike Healy, seconded by Mike O'Brien.
Vol. 42, Page 166 November 20, 2006
Council Member Harris abstained as he did not attend the afternoon
session.
Vote: Motion carried 5-0.
Yes: Mike Healy; Karen Nau; Mike O'Brien;
Pamela Torliatt
No: None
Absent: David Glass
Abstain: Mike Harris for afternoon session
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
December 4, 2006.
City Manager Bierman advised that Council Member O'Brien will be
absent on December 4 and asked that the Resolution Awarding
Construction Contract for Paving Petaluma Boulevard North Between
Lakeville and Washington Streets be heard on December 18.
Motion: Approve Proposed Agenda for Regular City Council/PCDC
Meeting of December 4, 2006, as amended.
Moved by Mike Healy, seconded by Mike Harris.
Vote: Motion carried 5-0.
Yes:
Mike Healy; Karen Nau; Mike O'Brien; Mike Harris
Pamela Torliatt
No:
None
Absent:
David Glass
Abstain:
None
3. CONSENT CALENDAR
A. Resolution 2006-191 N.C.S. Approving the Tentative Map for the Redwood
Gateway Subdivision. (Moore/White)
B. ReSe'UtiGR AppFeViRg the Final Map for the El Rose Heights Subdivision.
(MGFeRge/BGtes) - Removed from the agenda at the request of the
developer and will be rescheduled to a later date.
C. Resolution 2006-192 N.C.S. Accepting Completion of the 2005-2006 Water
Service Replacement Project. (Ban)
D. Resolution 2006-193 N.C.S. Accepting Completion of the 2006 Oxidation
Aerated Lagoon Dike Repair Project. (Ban/Eckerson)
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November 20, 2006
Vol. 42, Page 167
E. Ordinance 2256 N.C.S. 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.
Resolution 2006-194 N.C.S. Accepting Completion of the North Bay
Construction, Inc. Contract for the Various Street Reconstruction Project -
Phase 1, C500206 (Ely & Caulfield). (Marengo/Onderdonk)
Vice Mayor Nau announced that Item 3A would be pulled for discussion.
Item 3B was removed from the agenda at the request of the developer
and will be rescheduled to a later date.
Motion: Approve Consent Calendar Items 3C, 3D, 3E and 3F.
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
Abstain: None
Item Removed for Discussion
Vice Mayor Nau (Item 3A)
Council Member Torliatt
Motion: Approve 3A Resolution 2006-191 N.C.S. Approving the Tentative
Map for the Redwood Gateway Subdivision.
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 4-1.
Yes:
Mike Harris; Mike Healy; Karen Nau; Mike O'Brien;
No:
Pamela Torliatt
Absent:
David Glass
Abstain:
None
4. NEW BUSINESS
A. PCDC Resolution 2006-22 Authorizing Staff to Contact Property Owners as
the Next Step in the Land Recycling, Brownfields Assessment Grants
Process. (Marengo/Mich6)
Council Member Healy
Project Engineer Jeanne Mich6
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Vol. 42, Page 168
13
November 20, 2006
Andrew Rogers, ECON
Council Member Torliatt
Mr. Rogers
Council Member Torliatt
Ms. Miche
Council Member Torliatt
Ms. Miche
Council Member Torliatt
Council Member Nau
City Manager Bierman
Council Member Nau
Motion: Approve PCDC Resolution 2006-22 Authorizing Staff to Contact
Property Owners as the Next Step in the Land Recycling, Brownfields
Assessment Grants Process.
Moved by Pamela Torliatt, seconded by Mike O'Brien.
Vote: Motion carried 4-0.
Yes: Mike Harris; Karen Nau; Mike 'Brien; Pamela Torliatt
No: None
Absent: David Glass
Abstain: Mike Healy
PCDC Resolution 2006-23 Supporting the Application for an EPA
Brownfields Revolving Loan Fund (RLF) Grant. (Marengo/Mich6)
WKIM Ti ,
Mr. Rogers
Council Member Nau
Council Member Torliatt
Motion: Approve PCDC Resolution 2006-23 Supporting the Application for
an EPA Brownfields Revolving Loan Fund (RLF) Grant.
Moved by Pamela Torliatt, seconded by Mike Harris.
Vote: Motion carried 5-0.
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C.
November 20, 2006
Vol. 42, Page 169
Yes: Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: David Glass
Abstain: None
Discussion and Possible Direction to Re -Establish the Senior Citizens Advisory
Committee.
Parks and Recreation Director Jim Carr
Council Member Nau
Council Member Torliatt
Council Member Healy
Director Carr
Don Streeper, Recreation Coordinator, Seniors
Council Member Healy
Mr. Streeper
Council Member Healy
Mr. Streeper
Council Member Nau
Council Member Harris
Director Carr
Council Member Torliatt
Council Member Nau
Council Member O'Brien
Council Member Nau
Council Member Harris
Director Carr
Council Member Nau
Council Member Torliatt
Vol. 42, Page 170 November 20, 2006
Council Member Nau
Direction to Staff to come back with a recommendation of incorporating into the
existing committee a plan for the Council to formalize the existing committee with
the option of including two additional at -large members.
ADJOURN TO CLOSED SESSION - 3:45 p.m.
PUBLIC COMMENT
None.
CLOSED SESSION
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Pursuant to subdivision (a)
California Government Code §54956.9: Sonoma County Law Enforcement Consortium, et al. v.
City of Healdsburg, et al., Sonoma County Superior Court Case SCV-237245
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to subdivision (b) of
California Government Code §54956.9: 2 potential cases; Pursuant to subdivision (c) of
California Government Code §54956.9: 2 potential cases
NOVEMBER 20, 2006
EVENING SESSION
EVENING SESSION - CALL TO ORDER - 7:00 D.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 Healy
C. Moment of Silence
REPORT OUT OF CLOSED SESSION - ACTIONS TAKEN
City Manager Bierman reported that the City Council authorized the City Manager to sign
settlement agreement with Comcast. The terms of the agreement are in the document
and when signed it will be released to the public. It is a money settlement with the city
receiving cash and the public access group also receiving cash.
PUBLIC COMMENT
Dave Libchitz, Petaluma, inquired about updates on the status of the fertilizer processing
facility.
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November 20, 2006
COUNCIL COMMENT
Vol. 42, Page 171
Council Member O'Brien announced he would be out of town for the December 4, 2006
meeting.
CITY MANAGER COMMENT
None.
PROCLAMATION
Proclamation of Welcome from the City of Petaluma to the visiting delegation of students
and teachers from the Liceo Pascasino in Marsala, Italy.
Mayor Glass
Council Member Harris
Mayor Glass
Kathy and Spence Burton, Petaluma, accepted the proclamation.
6. NEW BUSINESS
A. Introduction (First Reading) of Ordinance 2257 N.C.S. Repealing Chapter
10.64 of the Petaluma Municipal Code Entitled, "MINOR ALCOHOL
OFFENSE/LOUD PARTIES" and Adopting a New Chapter 10.64 Entitled,
"SOCIAL HOST ORDINANCE." (Hood/Edwards)
Police Captain Dave Sears
Pat Landrum, Healthy Community Consortium
Council Member Torliatt
Ms. Landrum
Council Member Torliatt
Ms. Landrum
Council Member Torliatt
Council Member O'Brien
Council Member Nau
Mayor Glass
Council Member Healy
Mayor Glass
Vol. 42, Page 172 November 20, 2006
Motion: Introduction (First Reading) of Ordinance 2257 N.C.S. Repealing
Chapter 10.64 of the Petaluma Municipal Code Entitled, "MINOR
ALCOHOL OFFENSE/LOUD PARTIES" and Adopting a New Chapter 10.64
Entitled, "SOCIAL HOST ORDINANCE."
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
B. Urgency Interim Ordinance Imposing a Moratorium on the Issuance of
Entitlements for New Development in the City of Petaluma Which Add to
the Cumulative Potable Water Demand in the City, Until Such Time as the
City Commits to Programs Sufficient to Provide the Required Cumulative
Potable Water Supply. (Glass)
Mayor Glass announced that the item would be heard at the December
18, 2006 Council Meeting.
PUBLIC HEARINGS
B. Public Hearing and Discussion of Draft General Plan 2025 and Draft
Environmental Impact Report. (Tuft) - Continued from November 6, 2006
meeting.
Public Comment
Geoff Cartwright, Petaluma spoke about stopping all development in the
floodplain and the water supply issue.
Mayor Glass
5. UNFINISHED BUSINESS
A. Discussion and Action to Adopt a Resolution Declaring Results of Special
Election for the Petaluma Special Tax District No. 2006-01 (Theatre District
Area) and Introducing an Ordinance Levying Special Taxes Within the
Petaluma Special Tax District 2006-01 (Theatre District Area) if Applicable.
(Marengo)
Public Works Director Vince Marengo
Mayor Glass
Deputy City Clerk Deborah Padovan
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November 20, 2006
Vol. 42, Page 173
Mayor Glass
Director Marengo
Mayor Glass
Council Member Healy
Acting City Attorney Thomsen
Mayor Glass
Chris Lynch, Attorney with Jones Hall, A Professional Law Corporation, San
Francisco
Council Member Torliatt
Mr. Lynch
Mayor Glass
City Manager Bierman
Mayor Glass
City Manager Bierman
Mayor Glass
Council Member Torliatt
Acting City Attorney Thomsen
Mayor Glass
Council Member Nau
City Manager Bierman
Council Member Torliatt
Mayor Glass
Council Member Nau
Council Member Healy
City Manager Bierman
Council Member Healy
City Manager Bierman
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Vol. 42, Page 174
November 20, 2006
Council Member Healy
Mayor Glass
Council Member Healy
Mayor Glass
Council Member O'Brien
Council Member Harris
Mayor Glass
Motion: Resolution 2006-195 N.C.S. Declaring the Results of the Special
Election.
Moved by David Glass, seconded by Mike Healy.
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
7. PUBLIC HEARING, continued
A. Resolution 2006-196 N.C.S. Confirming that the Proposed Site
Development Plan is Substantially the Same as the Vesting Tentative
Subdivision Map for the Lomas Subdivision, and Any Approved Alterations
Thereto Authorized by the City Council in its Adoption of Resolution No.
2005-086 N.C.S. on June 6, 2005. (Moore)
Council Member O'Brien
Community Development Director Mike Moore
Mayor Glass
Director Moore
Council Member Torliatt
Director Moore
Council Member Torliatt
Director Moore
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November 20, 2006 Vol. 42, Page 175
Council Member Torliatt
Mayor Glass
Council Member Harris
Director Moore
Mayor Glass
Council Member Torliatt
Ray Panek, KB Homes
Mayor Glass
Mr. Panek
Mayor Glass
Mr. Panek
Mayor Glass
Public Comment
Geoff Cartwright, Petaluma, questioned whether this project has gone
through the California Department of Mines and Reclamation and met
with the specific regulations.
Larry Reed, SPARC Member, stated that SPARC wanted more information
on the visual analysis of the project and to settle some of the sticking
points that has been requested by the committee.
Mayor Glass
Council Member Healy
Mr. Reed
Council Member Healy
Mr. Reed
Mayor Glass
Richard Squaglia
Mayor Glass
Mr. Panek
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Vol. 42, Page 176
November 20, 2006
Mayor Glass
Council Member Torliatt
Council Member Healy
Mayor Glass
Council Member Nau
Council Member Harris
Mayor Glass
Council Member Torliatt
Mayor Glass
Mr. Panek
Mayor Glass
Mr. Panek
Mayor Glass
Council Member Torliatt
Mayor Glass
Director Moore
Mayor Glass
Director Moore
Mayor Glass
Director Moore
Mayor Glass
Council Member Healy
Director Moore
Mayor Glass
Director Moore
Mayor Glass
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November 20, 2006
Council Member Healy
Council Member Nau
Mayor Glass
Council Member Torliatt
Mayor Glass
Vol. 42, Page 177
Motion: Resolution 2006-196 N.C.S. Confirming that the Proposed Site
Development Plan is Substantially the Same as the Vesting Tentative
Subdivision Map for the Lomas Subdivision, and Any Approved Alterations
Thereto Authorized by the City Council in its Adoption of Resolution No.
2005-086 N.C.S. on June 6, 2005.
Moved by Mike Healy, seconded by Karen Nau.
Vote: Motion carried 4-1.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau
No:
Pamela Torliatt
Abstain:
Mike O'Brien
Absent:
None
ADJOURN
The meeting was adjourned at 8:55 p.m.
ATTEST:
/S/
Deborah Padovan, Deputy City Clerk
/S/
David Glass, Mayor
/S/
Karen Nau, Vice -Mayor