HomeMy WebLinkAboutCity Council Minutes 12/18/20061
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December 18, 2006
Vol. 42, Page 193
City of Petaluma, California
I85$ MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, December 18, 2006
Regular Meeting
DECEMBER 18, 2006
AFTERNOON SESSION
AFTERNOON SESSION - CALL TO ORDER - 3:00 o.m.
A. Roll Call
Present: David Glass, Mike Healy, Karen Nau, Mike O'Brien
Absent: Pamela Torliatt, Mike Harris
Pledge of Allegiance
Council Member O'Brien
PUBLIC COMMENT
Marty Bennett, Living Wage Coalition, thanked the Council for upholding the labor
provisions in the City's agreement with the Petaluma Sheraton in the Fall of 2003.
Lian Alan, UNITEHERE Local 2850, thanked the Council for supporting the Petaluma
Sheraton workers.
Rafael Cupertino, UNITEHERE Local 2850, thanked the City for their help in getting a
contract with the Petaluma Sheraton. (Interpreted by Lian Alan).
Alex Mallonee, Northbay Labor Council, thanked the Council for its assistance in getting
the Petaluma Sheraton unionized.
COUNCIL COMMENT
Vice Mayor Nau requested the meeting be adjourned in the memory of Steve Dolowitz
and Paula Stonitsch.
CITY MANAGER COMMENT
City Manager Mike Bierman
Mayor Glass
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Vol. 42, Page 194
Council Member Healy
City Manager Bierman
Mayor Glass
December 18, 2006
AGENDA CHANGES AND DELETIONS - To current agenda only
Council Member Healy stated he would be recusing himself from Item 6.A Public Hearing
regarding Downtown Petaluma Business Improvement District.
City Attorney Eric Danly
Council Member Healy
Mayor Glass
City Attorney Danly
Mayor Glass
1. APPROVAL OF MINUTES
A. Approval of Minutes of the Regular City Council/PCDC Meeting of
November 20, 2006.
Motion: Approve Minutes of the Regular City Council/PCDC Meeting of
November 20, 2006 as presented.
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 3-0.
Yes: Healy; Nau; O'Brien
No: None
Abstain: Glass
Absent: Torliatt; Harris
B. Approval of Minutes of the Regular City Council/PCDC Meeting of
December 4, 2006.
Motion: Approve Minutes of the Regular City Council/PCDC Meeting of
December 4, 2006, as presented.
Moved by David Glass, seconded by Mike Healy.
Vote: Motion carried 3-0.
Yes: Mike Healy; Karen Nau; David Glass
No: None
Absent: Pamela Torliatt; Mike Harris
Abstain: Mike O'Brien
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December 18, 2006 Vol. 42, Page 195
APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
January 8, 2007.
Motion: Approve Proposed Agenda for Regular City Council/PCDC
Meeting of January 8, 2007, as presented.
Moved by David Glass, seconded by Mike Healy.
Vote: Motion carried 4-0.
Yes: Mike Healy; Karen Nau; David Glass; Mike O'Brien
No: None
Absent: Pamela Torliatt; Mike Harris
Abstain: None
CONSENT CALENDAR
A. PCDC Resolution 2006-24 Accepting Completion of North Water Street
Floodwall (River Trail) Project. (Marengo/Panayotou)
B. Adoption (Second 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, 8.16.110 And 8.16.1 15 Of Said
Title 8. (Bierman/Beatty)
Motion: Approve Consent Calendar, Items 2.A and 2.13
Moved by Mike Healy, seconded by Mike O'Brien.
Vote: Motion carried 4-0.
Yes: Mike Healy; Karen Nau; David Glass; Mike O'Brien
No: None
Absent: Pamela Torliatt; Mike Harris
Abstain: None
NEW BUSINESS
A. Discussion and Possible Direction Regarding the Draft Regional Housing
Needs Allocation Methodology for the State -Mandated 2009-2014 Update
of the City's Housing Element. (Moore)
Community Development Director Mike Moore
Mayor Glass
Director Moore
Mayor Glass
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Vol. 42, Page 196
December 18, 2006
Director Moore
Mayor Glass
Director Moore
Mayor Glass
Director Moore
Mayor Glass
Director Moore
Mayor Glass
Council Member Healy
Director Moore
Council Member Healy
Director Moore
Council Member Healy
Director Moore
Council Member Healy
Director Moore
Council Member Healy
Director Moore
Council Member Healy
Mayor Glass
Council Member Nau
Director Moore
Council Member Nau
Director Moore
Council Member Nau
Director Moore
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December 18, 2006
Mayor Glass
Director Moore
Mayor Glass
Director Moore
Mayor Glass
Council Member O'Brien
Mayor Glass
PRESENTATION
Vol. 42, Page 197
• City Manager Bierman presented the Employee of the Fourth Quarter award,
to Scott Duiven, Senior Planner, General Plan Administration.
5. PUBLIC HEARING
A. Resolution Denying the Protest of Lester Young and Confirming the
Abatement Cost Report and Authorizing the Imposition of an Abatement
Lien for Real Property Located at 320 Howard Street. (Moore/Kendall)
Building Official Cliff Kendall, Community Development Department
Mayor Glass
City Attorney Danly
Mayor Glass
City Attorney Danly
Mayor Glass
Council Member O'Brien
City Attorney Danly
Council Member O'Brien
Director Moore
Council Member O'Brien
Director Moore
City Attorney Danly
Council Member O'Brien
Vol. 42, Page 198 December 18, 2006
City Attorney Danly
Mayor Glass
Council Member Healy
City Attorney Danly
Council Member O'Brien
City Attorney Danly
Council Member O'Brien
Mayor Glass
City Attorney Danly
Motion: Approve Resolution 2006-207 N.C.S. Denying the Protest of Lester
Young and Confirming the Abatement Cost Report and Authorizing the
Imposition of an Abatement Lien for Real Property Located at 320 Howard
Street as amended to exclude attorneys' fees.
Moved by David Glass, seconded by Mike O'Brien.
Vote: Motion carried 4-0.
Yes: Mike Healy; Karen Nau; David Glass; Mike O'Brien
No: None
Absent: Pamela Torliatt; Mike Harris
Abstain: None
ADJOURN TO CLOSED SESSION
PUBLIC COMMENT
Bryant Moynihan spoke regarding information for the Council's upcoming deliberations.
Mayor Glass
CLOSED SESSION
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
Subdivision (a) of Section 54956.9:
Brian Heim v. City of Petaluma, Petaluma Community Development Department, et
al., United States District Court, Northern District, Case No. 06-cv-4683
Bryant Moynihan v. City of Petaluma, Sonoma County Superior Court Case No. SCV-
239432
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION:
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9: 1 potential case
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December 18, 2006
DECEMBER 18, 2006
EVENING SESSION
EVENING SESSION - CALL TO ORDER - 7:00 D.m.
A. Roll Call
Present: David Glass, Mike Healy, Karen Nau, Mike O'Brien
Absent: Pamela Torliatt; Mike Harris
B. Pledge of Allegiance
Mike Healy
C. Moment of Silence
None.
PUBLIC COMMENT
Vol. 42, Page 199
Peter Tscherneff, Petaluma, spoke regarding paying for the airwaves due to cell phone
use; the issue of the homeless veterans; and the not paying of taxes to not support the
war.
Bryant Moynihan, Petaluma, spoke regarding a public records request he made on
December 6, 2006 and the lack of a response.
Connie Madden, Petaluma Tomorrow, spoke regarding sustainable watershed
management.
Ellen Bicheler, Sustainable Petaluma spoke regarding the water issue and supports Ned
Orrett's plan.
COUNCIL COMMENT
Council Member Nou
Mayor Glass
Council Member O'Brien
Council Member Healy
Mayor Glass
Council Member Healy
Mayor Glass
Vol. 42, Page 200 December 18, 2006
CITY MANAGER COMMENT
None.
6. PUBLIC HEARINGS
A. Downtown Petaluma Business Improvement District (DPBID): Public
Hearing to Levy an Annual Assessment for Fiscal Year 2007 for the
Downtown Petaluma Business Improvement District and Approve
Resolution Levying the Assessment. (Carmichael)
Mayor Glass reported that due to a lack of a quorum, this item would be
continued to the January 8, 2007, 3 p.m. council meeting.
City Manager Bierman
Mayor Glass
Council Member O'Brien
City Manager Bierman
JoAnn Ritko-Pozzi, Petaluma Downtown Association, Petaluma, said they
had no objection to continuing the hearing.
Mayor Glass
Motion: Postpone Downtown Petaluma Business Improvement District
(DPBID): Public Hearing to Levy an Annual Assessment for Fiscal Year 2007
for the Downtown Petaluma Business Improvement District and Approve
Resolution Levying the Assessment to the January 8, 2007, at 3 p.m.
council meeting.
Moved by David Glass, seconded by Mike O'Brien.
Vote: Motion carried 3-0.
Yes: Karen Nau; David Glass; Mike O'Brien
No: None
Absent: Pamela Torliatt; Mike Harris
Abstain: Mike Healy
B. Public Hearing on Wastewater and Water Service Charges:
(1) 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.
(2) 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) - Continued from the December 4, 2006 meeting.
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December 18, 2006
Vol. 42, Page 201
City Manager Bierman
Mayor Glass
City Attorney Danly
Mayor Glass
Bryant Moynihan, Petaluma, requested the Council match the expenditures to
the current rates and to have the analyst take the current rate structure and,
project it out and figure what can be reduced.
Tiffany Renee, Petaluma, spoke in favor of the water rate increases and the rates
needing to be proportional to the use.
Susan Garbert, with the Landscape and Irrigation Committee, Petaluma, said the
City needs to take the lead and provide incentives to people for water
conservation.
James Cornwell, Petaluma, said that he is a senior citizen living on Social Security
and receives only a three percent raise per year. He suggested the City take
Denman Flat and make a reservoir.
Dennis Gilday, Petaluma spoke against the water rate increase and asked for
some justification the high rates.
George Barich, Cotati, said that water issues around the County have a ripple
effect and he is afraid that the failure of the City to hold down rates in Petaluma
will create a backlash in other cities.
Mayor Glass
Geoff Cartwright, Petaluma, said the City doesn't have the water for new
development and that development must be reduced.
Mayor Glass
Council Member Healy
Mayor Glass
Council Member Healy
City Manager Bierman
Council Member Healy
Council Member O'Brien
Mayor Glass
Council Member Healy
Vol. 42, Page 202 December 18, 2006
Mayor Glass
Council Member Healy
Council Member O'Brien
Council Member Healy
Council Member Nau
Mayor Glass
Council Member Healy
Mayor Glass
Motion: Continue the Public Hearing on Wastewater and Water Service
Charges to the January 22, 2007, 7:00 p.m. council meeting.
Moved by David Glass, seconded by Mike O'Brien.
Vote: Motion carried 4-0.
Yes: Mike Healy; Karen Nau; David Glass; Mike O'Brien
No: None
Absent: Pamela Torliatt; Mike Harris
Abstain: None
C. Public Hearing and Discussion of Draft General Plan 2025 and Draft
Environmental Impact Report (Discussion of Mobility Element and
Associated Impacts). (Tuft) - Continued from December 4, 2006 meeting.
PUBLIC COMMENT
Tiffany Renee, Petaluma, spoke regarding the Draft EIR and that we all
have a moral responsibility to protect our resources and landscape and
conservation of the watershed.
Victor Chechanover, Petaluma, spoke to the pedestrian portion of the
General Plan and the condition of sidewalks and the maintenance of
them.
Diane Reilly Torres, Petaluma, questioned parking on Rainer, Caufield and
other streets and whether or not street parking would be allowed.
Geoff Cartwright, Petaluma, spoke regarding the weir of the widening of
the river.
Mayor Glass
City Manager Bierman
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December 18, 2006
Mayor Glass
ADJOURN
Vol. 42, Page 203
The meeting adjourned at 8:36 p.m. At Vice Mayor Nau's request, the meeting was
adjourned in memory of Steve Dolowitz and Paula Stonitsch.
ATTEST:
Deborah Paclovan, Deputy City Clerk
Nancy Beliveau, Clerk Pro Tem
David Glass, Mayor