HomeMy WebLinkAboutCity Council Minutes 12/04/20061
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December 4, 2006
Vol. 42, Page 179
City of Petaluma, California
I85$ MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, December 4, 2006
Regular Meeting
DECEMBER 4, 2006
AFTERNOON SESSION
AFTERNOON SESSION - CALL TO ORDER - 3:00 o.m.
A. Roll Call
Present: David Glass, Mike Harris, Mike Healy, Karen Nau, Pamela Torliatt
Absent: Mike O'Brien
Pledge of Allegiance
Council Member Healy
PRESENTATIONS
• Commission on Human Rights Award to the Petaluma Police Department.
Sally Miller, Sonoma County Commission on Human Rights, presented the award for
best practices in an investigation of an alleged hate crime.
Sergeant Matt Stapleton, Petaluma Police Department, accepted the award.
City Manager Bierman read a letter from the Ft. Bragg Chief of Police commending
Sergeant Stapleton.
Presentation of Best of California Award for Technology Excellence.
Steven Carmichael, Administrative Services Director, presented the award to the
members of the Information Technology Division.
Tim Williamsen, IT Manager, accepted the award.
PUBLIC COMMENT
None.
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Vol. 42, Page 180 December 4, 2006
COUNCIL COMMENT
Council Member Harris
City Attorney Danly
Council Member Torliatt asked that the meeting be adjourned in memory of Ellene
Berenice Gaultney.
Vice Mayor Nau
CITY MANAGER COMMENT
None.
AGENDA CHANGES AND DELETIONS - To current agenda only
Mayor Glass
1. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
December 18, 2006.
Mayor Glass suggested moving the afternoon items to the evening and
having only an evening session on December 18, 2006.
Council Member Healy
City Manager Bierman
Council Member Healy
City Manager Bierman
Mayor Glass
Council Member Healy
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC
Meeting of December 18, 2006, amended to move a// afternoon items to
the evening session.
Moved by David Glass, seconded by Pamela Torliatt.
Vote: Motion carried 5-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Pamela Torliatt
No:
None
Absent:
Mike O'Brien
Abstain:
None
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December 4, 2006
2. CONSENT CALENDAR
Vol. 42, Page 181
A. Resolution 2006-197 N.C.S. Accepting Claims and Bills for October 2006.
(Carmichael)
B. Resolution 2006-198 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range,
and Unit Assignment of Water Resources
Technician. (Carmichael/Robbins)
C. Resolution 2006-199 N.C.S. Amending the Classification and
Compensation Plan by Revising the Classifications of Public Works
Supervisor and Utility Supervisor. (Carmichael/Robbins)
D. Resolution 2006-203 N.C.S. Authorizing the Purchase of Three (3) Ford
Class -E Police Interceptor Police Vehicles from Downtown Ford,
Sacramento CA in the Amount of $84,222.86. (Hood/Evans) - Removed for
discussion.
Adoption (Second 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)
Resolution 2006-200 N.C.S. Declaring Canvass of Returns and Results of the
Regular Municipal Election Held November 7, 2006, with the Statewide
General Election. (Cooper)
G. Resolution 2006-201 N.C.S. Accepting Completion of Airport Hangar Fire
Damage Repair Project No. 3298-54270. (Marengo/Mich6)
H. Resolution 2006-202 N.C.S. Approving Commercial Rate for the Executive
Hangars at Petaluma Airport. (Marengo/Patterson)
Resolution 2006-204 N.C.S. Authorizing the City Manager to enter into a
Lease Agreement with Accela, Inc. for Software Licensing and Upgrades,
Implementation Services, Training, and Software Maintenance and
Support that will enable the City to Host the Software and Related Data
for the City's Automated Permit Tracking and Code Enforcement Systems.
(Moore) - Removed for discussion.
City Attorney Danly asked that Item 21 be removed for discussion.
Council Member Torliatt asked to remove Item 2D for discussion.
Motion: Approve Consent Calendar Items 2A, 2B, 2C, 2E, 2F, 2G, and 2H.
Moved by Pamela Torliatt, seconded by David Glass.
Vote: Motion carried 5-0.
Vol. 42, Page 182 December 4, 2006
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Pamela Torliatt
No:
None
Absent:
Mike O'Brien
Abstain:
None
Items Removed for Discussion
Council Member Torliatt (Item 2D)
Motion: Approve D. Resolution 2006-203 N.C.S. Authorizing the Purchase of Three
(3) Ford Class -E Police Interceptor Police Vehicles from Downtown Ford,
Sacramento CA in the Amount of $84,222.86.
Moved by Pamela Torliatt, seconded by Mike Healy.
Vote: Motion carried 5-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Pamela Torliatt
No: None
Absent: Mike O'Brien
Abstain: None
City Attorney Danly (Item 21) asked that the resolution be amended to remove
reference to "tax-exempt status."
Motion: Approve I. Resolution 2006-204 N.C.S. Authorizing the City Manager to
enter into a Lease Agreement with Accela, Inc. for Software Licensing and
Upgrades, Implementation Services, Training, and Software Maintenance and
Support that will enable the City to Host the Software and Related Data for the
City's Automated Permit Tracking and Code Enforcement Systems, amended to
remove reference to "tax-exempt status."
Moved by Mike Healy, seconded by Pamela Torliatt.
Vote: Motion carried 5-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Pamela Torliatt
No: None
Absent: Mike O'Brien
Abstain: None
3. UNFINISHED BUSINESS
A. Verbal Update for Progress on Construction of the Ellis Creek Water
Recycling Facility Through October 2006. (Ban/Orr)
Margaret Orr, Water Resources and Conservation Engineering Manager,
presented the progress report.
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December 4, 2006
Mayor Glass
Ms. Orr
Mayor Glass
Ms. Orr
Council Member Torliatt
Ms. Orr
Council Member Torliatt
Ms. Orr
Mayor Glass
Ms. Orr
Mayor Glass
Ms. Orr
Council Member Torliatt
Mayor Glass
Council Member Healy
Ms. Orr
Council Member Healy
Mayor Glass
Vol. 42, Page 183
B. Resolution 2006-205 N.C.S. Amending Rule V(B) of the Council's Rules,
Policies and Procedures to Provide That in the Event that a Vacancy in the
Office of Vice Mayor Occurs During the Year, and the Council Member
Next in Order of Succession Under this Paragraph Who is Appointed to Fill
the Vacancy is So Appointed After July 1, That Council Member has the
Option of Being Appointed as Vice Mayor for the Next Year as Well.
(Harris/Healy)
Council Member Healy
Motion: Approve B. Resolution 2006-205 N.C.S. Amending Rule V(B) of the
Council's Rules, Policies and Procedures to Provide That in the Event that
a Vacancy in the Office of Vice Mayor Occurs During the Year, and the
Council Member Next in Order of Succession Under this Paragraph Who is
Appointed to Fill the Vacancy is So Appointed After July 1, That Council
Vol. 42, Page 184 December 4, 2006
Member has the Option of Being Appointed as Vice Mayor for the Next
Year as Well.
Moved by Mike Healy, seconded by Mike Harris.
Vote: Motion carried 5-0.
Yes: David Glass; Mike Harris; Mike Healy; Karen Nau;
Pamela Torliatt
No: None
Absent: Mike O'Brien
Abstain: None
4. NEW BUSINESS
A. Introduction (First Reading) of Ordinance 2258 N.C.S. Amending Chapter
8.16 of Title 8 of the Petaluma Municipal Code, "Garbage And Rubbish
Disposal" by Amending Sections 8.16.010, 8.16.1 10 and 8.16.1 15 of Said
Title 8. (Bierman/Beatty)
Gene Beatty, Interim Assistant City Manager, presented the staff report.
Council Member Torliatt
Interim Assistant City Manager Beatty
Mayor Glass
Council Member Healy
Motion: Approve A. Introduction (First Reading) of Ordinance 2258 N.C.S.
Amending Chapter 8.16 of Title 8 of the Petaluma Municipal Code,
"Garbage And Rubbish Disposal" by Amending Sections 8.16.010, 8.16.1 10
and 8.16.115 of Said Title 8.
Moved by Mike Healy, seconded by Karen Nau.
Vote: Motion carried 5-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Pamela Torliatt
No:
None
Absent:
Mike O'Brien
Abstain:
None
B. Downtown Petaluma Business Improvement District (DPBID):
Discussion and Action Approving the 2007 Fiscal Year Annual Report and
Budget of the Downtown Petaluma Business Improvement District and
Adopting Resolution 2006-206 N.C.S. Intention to Levy an Annual
Assessment for Fiscal Year 2007. (Carmichael)
Council Member Healy announced he would abstain and left the dais.
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December 4, 2006
Vol. 42, Page 185
Steven Carmichael, Administrative Services Director, presented the staff
report.
JoAnn Ritko-Pozzi, Vice President, Downtown Petaluma Association
Council Member Torliatt
Ms. Ritko-Pozzi
Council Member Torliatt
Mayor Glass
Motion: Approve B. Downtown Petaluma Business Improvement District
(DPBID): Approving the 2007 Fiscal Year Annual Report and Budget of the
Downtown Petaluma Business Improvement District and
Adopting Resolution 2006-206 N.C.S. Intention to Levy an Annual
Assessment for Fiscal Year 2007.
Moved by Mike Harris, seconded by David Glass.
Council Member Harris
Vote: Motion carried 4-0.
Yes:
David Glass; Mike Harris; Karen Nau; Pamela Torliatt
No:
None
Absent:
Mike O'Brien
Abstain:
Mike Healy
Council Member Torliatt
ADJOURN AFTERNOON SESSION
The afternoon session adjourned at 4:00 p.m. At Council Member Torliaff's request, the
meeting was adjourned in memory of Ellene Berenice Gaultney.
DECEMBER 4, 2006
EVENING SESSION
EVENING SESSION - CALL TO ORDER - 7:00 p.m.
A. Roll Call
Present: David Glass, Mike Harris, Mike Healy, Karen Nau, Pamela Torliatt
Absent: Mike O'Brien
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Vol. 42, Page 186
B. Pledge of Allegiance
Vice Mayor Nau
C. Moment of Silence
PUBLIC COMMENT
December 4, 2006
Peter Tscherneff, Petaluma, stated that, "It's a full moon and anything can happen," and
spoke about the movie "Happy Feet," homeless people, faith, Luther Burbank, Vietnam
Vets, chickens, PETA, and vegans.
Bryant Moynihan, Petaluma, suggested having the auditors review the CAFR with the
Council in open session.
COUNCIL COMMENT
Council Member Harris
Vice Mayor Nau
Mayor Glass
CITY MANAGER COMMENT
None.
5. PUBLIC HEARINGS
A. Public Hearing on Wastewater and Water Service Charges: a. A
Resolution of the City Council of the City of Petaluma Adopting a New
Rate Schedule for Water Service and Rescinding Resolution No. 2002-191
N.C.S.; b. A Resolution of the City Council of the City of Petaluma
Adopting a New Rate Schedule for Wastewater Service and Rescinding
Resolution No. 2002-189 N.C.S. (Ban)
Michael Ban, Water Resources and Conservation Director, presented the
staff report.
Mayor Glass
Council Member Healy
Director Ban
Council Member Healy
Mayor Glass
Director Ban
Mayor Glass
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December 4, 2006
Director Ban
Mayor Glass
Director Ban
Council Member Torliatt
Director Ban
Council Member Torliatt
Director Ban
Council Member Harris
Vice Mayor Nau
Director Ban
Council Member Healy
Director Ban
Council Member Healy
Council Member Torliatt
Mayor Glass
Council Member Healy
Director Ban
Mayor Glass
Public Comment
Vol. 42, Page 187
Peter Tscherneff, Petaluma, suggested asking Brock Dolman of the
Occidental Arts and Ecology Center about watersheds and impact on
wildlife, because, "He knows more about City water systems than anyone
else."
Dennis Gilday, Petaluma, 26 -year resident, was alarmed at the use of
inferior materials in the water system, and the thought that the public
would have to pay for someone's mistake. He thought the growth and
development was the issue, and the City had outgrown its water and
sewer systems sooner than it should have. Why did the City subsidize the
rates in the past, and why should current residents pay the price for this?
Vol. 42, Page 188 December 4, 2006
Gerald Moore, Petaluma, Petaluma Wetlands Alliance, praised Director
Ban's presentation and stated that everything has a finite lifetime and
must be replaced, and that the proposed increases are reasonable and
still lower than other cities in California. He spoke of governmental
standards for water quality that the City must meet.
Ashley Brown, Petaluma, spoke regarding the need for discounted water
and sewer rates for senior, disabled or low-income ratepayers.
Mary Ann Hansen, Petaluma, spoke on behalf of Ellen Bicheler, and read
Ms. Bicheler's statement about the initial expense and learning curve for
water -saving appliances and equipment. Renters have even less
incentive.
Jack Balshaw, Petaluma, believed the tiered rates were set up in an unfair
way, and there should be a provision to allow those with large lots to not
be penalized if they are, in fact, using less water per square foot than
those with smaller lots.
Dusty Resneck, Petaluma, Sustainable Landscapers, said all water users
must conserve, and the City should take the lead and demonstrate how it
will conserve water. A monthly water bill is imperative and bills need to be
accurate and easy to understand. Tiered pricing for water usage is the
most effective means for conservation, but the proposed system does not
have enough price differential between the tiers to be effective. The City
should create a true baseline rate for users who are already minimizing
their water use and should demonstrate that current ratepayers are not
subsidizing new development.
Bryant Moynihan, Petaluma, spoke regarding Proposition 218, the Bighorn
Decision, and the League of California Cities outline of proper notification
of ratepayers of proposed rate increases in water and sewer rates.
Mayor Glass
Director Ban
Council Member Torliatt
Director Ban
Council Member Torliatt
Director Ban
Council Member Healy
City Attorney Danly
Council Member Healy
City Attorney Danly
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December 4, 2006
City Manager Bierman
Council Member Healy
Mayor Glass
City Attorney Danly
Council Member Torliatt
Director Ban
Council Member Torliatt
Mayor Glass
Council Member Healy
Vol. 42, Page 189
City Manager Bierman
Motion: Restore the 3 p.m. meeting on December 18 as it was originally
listed, and continue this item to the December 18, 2006 meeting at 7 p.m.
Moved by David Glass, seconded by Karen Nau.
Vote: Motion carried 5-0.
Yes:
David Glass; Mike Harris; Mike Healy; Karen Nau;
Pamela Torliatt
No:
None
Absent:
Mike O'Brien
Abstain:
None
Council Member Healy
City Manager Bierman
Council Member Healy
City Manager Bierman
Mayor Glass
B. Public Hearing and Discussion of Draft General Plan 2025 and Draft
Environmental Impact Report (Surface Water). (Tuft) - Continued from
November 20, 2006 meeting.
Dean Eckerson, Water Resources and Conservation Engineering Manager
Council Member Torliatt
Vol. 42, Page 190 December 4, 2006
Mr. Eckerson
Dave Smith, West Consultants, Inc., consultant for the Surface Water
components of the General Plan and DEIR.
Council Member Torliatt
Mayor Glass
Council Member Healy
Mr. Smith
Council Member Healy
Pamela Tuft, Director of General Plan Administration
Mayor Glass
Director Tuft
Public Comment
Marianne Hurley, Petaluma, spoke regarding the Housing Element and
objected to the suggestion that SPARC review be limited to minor project
details. Regarding the Cultural Resources chapter, she said that it is not
true that only listed and registered historic sites are protected under state
law.
Eileen Morris, Petaluma, Living Wage Coalition of Sonoma County, spoke
regarding Chapter 9, Economic Health and Sustainability, said the
coalition is impressed by the draft plan, and spoke about economic
development that benefits all citizens.
Council Member Torliatt
Ms. Morris
Patricia Tuttle Brown, Petaluma, a fifth -generation Petaluman, listed
reasons why her comments should be included in the General Plan, and
submitted comments in writing to Council on both the Draft General Plan
and the EIR concerning Petaluma River Access and Enhancement Plan,
the Central Petaluma Specific Plan, the 14 sub -areas into which the
General Plan divides the City, parks, encouragement for non -motorized
transportation, joint -use agreements with schools, the Pedestrian and
Bicycle Advisory Committee, and SPARC's purview.
Geoff Cartwright, Petaluma, spoke about floods and terracing and was
worried how this would relate to Denman Flats. He also spoke about dirt fill
and the zero net fill policy in the floodplain.
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December 4, 2006
Vol. 42, Page 191
Kip Spragens, Petaluma, spoke regarding the channel improvements
through the Payran area and the constricting weir above it and the
effects they have had on flooding. He would like to see the outputs from a
model run that removed the constricting weir.
David Keller, Petaluma, feels the process of these hearings has been
confusing and has not followed the CEQA (California Environmental
Quality Act) rules. He believes the CEQA hearings should be separate
from discussion about the Plan itself. He asked for a timetable for future
hearings that makes it clear what will be discussed and whether it will be
regarding the Plan or the EIR. He thought the Surface Water Element was
extremely flawed.
Council Member Torliatt
Director Tuft
Council Member Torliatt
Director Tuft
Council Member Torliatt
Director Tuft
Mayor Glass
Vice Mayor Nau
Director Tuft
Vice Mayor Nau
Council Member Healy
Director Tuft
Council Member Healy
Mr. Eckerson
Council Member Healy
Director Tuft
Mayor Glass
Director Tuft
Council Member Torliatt
The Public Hearing was continued to the December 18, 2006 meeting.
Vol. 42, Page 192 December 4, 2006
ADJOURN
The meeting adjourned at 11:02 p.m. At Council Member Torliaff's request, the meeting
was adjourned in memory of Ellene Berenice Gaultney.
/S/
David Glass, Mayor
ATTEST:
/S/
Claire Cooper, CMC, City Clerk