HomeMy WebLinkAboutCity Council Minutes 01/22/20071
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January 22, 2007
Vol. 42, Page 215
a City of Petaluma, California
MEETING OF THE CITY COUNCIL/
185$ PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, January 22, 2007
Regular Meeting
JANUARY 22, 2007
AFTERNOON SESSION
CALL TO ORDER - AFTERNOON SESSION - 3:00 P.M.
A. Roll Call
Present: Teresa Barrett, Mike Harris, Karen Nau, Mike O'Brien,
David Rabbitt, Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Skip Sommer, Petaluma
PRESENTATION
Report and Discussion Regarding the 2005-06 Annual Audit of the City's Financial
Statements.
Administrative Services Director Steven Carmichael introduced Nasi Raissian
of Caporicci & Larson, the City's auditors.
Ms. Raissian presented the 2005-2006 audit results.
Mayor Torliatt
Council Member Harris
Ms. Raissian
Mayor Torliatt
Public Comment
Bryant Moynihan, Petaluma, said he had 14 questions and provided Council with a list so
they could be answered later.
Mayor Torliatt
Vol. 42, Page 216 January 22, 2007
Director Carmichael
Mayor Torliatt
APPOINTMENTS
City Council Liaison Appointments
Resolution 2007-006 N.C.S. Approving City Council Liaison Appointments to:
• Airport Commission - Council Liaison - (2006 Representative: Mike O'Brien)
• Planning Commission - Council Liaison - (2006 Representative: Karen Nau)
• Recreation, Music, and Parks Commission - Council Liaison - (2006 Representative:
Keith Canevaro/Vacant)
• Animal Services Advisory Committee - Council Liaison - (2006 Representative: Mike
Harris)
• Pedestrian and Bicycle Advisory Committee - Council Liaison - (2006 Representative:
None)
• Disaster Council - Mayor (by Charter) - (2006 Representative: David Glass)
• Technology and Telecommunications Advisory Committee - Council Liaison - (2006
Representative: Keith Canevaro/Vacant)
• Transient Occupancy Tax Subcommittee (TOT) - Council Subcommittee - (2006
Representatives: Karen Nau, Mike O'Brien, Pamela Torliatt)
• Climate Protection Committee (meets 3rd Tuesday each month in Santa Rosa) -
Council Representation - (2006 Representative: None)
• Legislative Committee - Subcommittee to Mayors' & Councilmembers' Association -
(2006 Representative: Mike Healy)
• North Bay Watershed Association - Council Representation - (2006 Representative:
Mike O'Brien)
• Petaluma River Authority Ad Hoc Committee (Joint Chamber/PVP Committee has not
met in a long time but Chamber is still requesting Council representation) - Council
Liaison - (2006 Representative: None)
• Sonoma County Library Commission (Meets 1 st Wednesday of each month in Santa
Rosa. Library Commission appoints the Library Advisory Boards for each library) -
Council Liaison - (2006 Representative: Pamela Torliatt)
• Sonoma County Transportation Authority (SCTA) - Council Representation - (2006
Representative: Mike Healy)
• SCTA Alternate - Council Representation - (2006 Representative: Mike Harris)
• Visitors' Program Advisory Committee (meets 1 st Tuesday from 3-5 PM) - Council
Liaison - (2006 Representative: Karen Nau)
• Water Advisory Committee (WAC) - Council Representation - (2006 Representative:
Mike O'Brien)
• Water Agency Zone 2A Advisory Committee - Council Representation - (2006
Representative: Mike O'Brien)
Mayor Torliatt
Vice Mayor Nau
Council Member Harris
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January 22, 2007
Mayor Torliatt
Vice Mayor Nau
Mayor Torliatt
Public Comment
Vol. 42, Page 217
Garry Goodman, pilot, businessman, tenant at airport for over 20 years, praised Council
Member O'Brien's work as Council liaison to the Airport Commission.
Ed Fullerton, Petaluma, Member, Airport Commission, said that the Airport Commission,
who are very experienced in aviation and airports, need to be able to communicate
with Council and need a liaison who will work with them, participate, and help them
reach conclusions and communicate with City. Absent good communication, the City
may act without being careful and deliberate.
Bryant Moynihan, Petaluma, suggested Council match up liaisons with their abilities, and
wait to do this until after a seventh Council Member has been appointed. He did not
think Mayor Torliatt should be the alternate on SCTA. He complimented the Airport
Commission on their work over the years. He cautioned Council that they could lose
valuable members of this commission due to friction with the Council Liaison.
Mayor Torliatt
Council Member Barrett
Motion: Approve Resolution 2007-006 N.C.S. Approving City Council Liaison
Appointments as follows:
• Airport Commission: Mike O'Brien
• Planning Commission: Teresa Barrett
• Recreation, Music & Parks Commission: David Rabbitt
• Animal Services Advisory Committee: Karen Nau
• Disaster Council: Pamela Torliatt
• Technology and Telecommunications Advisory Committee: David Rabbitt
• Transient Occupancy Tax Subcommittee (TOT): Karen Nau, Mike O'Brien, Pamela
Torliatt
• Climate Protection Committee: Karen Nau
• North Bay Watershed Association: David Rabbitt
• Petaluma River Authority Ad Hoc Committee: Mike Harris
• Sonoma County Library Commission: Mike Harris
• Sonoma County Transportation Authority (SCTA): Mike Harris
• SCTA Alternate: Pamela Torliatt
• Visitors' Program Advisory Committee: Karen Nau
• Water Advisory Committee (WAC): Pamela Torliatt
• Water Agency Zone 2A Advisory Committee: Teresa Barrett
Moved by Council Member Teresa Barrett, seconded by Council Member Mike O'Brien.
Vote: Motion carried 6-0.
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Vol. 42, Page 218 January 22, 2007
Yes:
Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
No:
David Rabbitt; Mike O'Brien
No:
None
Absent:
None
Abstain:
None
Council Member Barrett
Mayor Torliatt
PUBLIC COMMENT
Geoff Cartwright, Petaluma, spoke regarding water supply in Marin County.
Bill Hammerman, Petaluma, spoke about emergency preparedness, and empowering
the citizens of Petaluma to prepare themselves for the possibility of disaster.
COUNCIL COMMENT
Mayor 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 December
18, 2006.
Mayor Torliatt
Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of
December 18, 2006, as presented.
Moved by Vice Mayor Karen Nau, seconded by Council Member Mike
O'Brien.
Vote: Motion carried 2-0.
Yes:
Karen Nau; Mike O'Brien
No:
None
Absent:
None
Abstain:
Mike Harris; Teresa Barrett; David Rabbitt; Pamela Torliatt
B. Approval of Minutes of Regular City Council/PCDC Meeting of January 8,
2007.
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2.
KI
January 22, 2007
Vol. 42, Page 219
Motion: Approve B. Minutes of Regular City Council/PCDC Meeting of
January 8, 2007, as presented.
Moved by Council Member Mike O'Brien, seconded by Council Member
David Rabbitt.
Vote: Motion carried 6-0.
Yes:
Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No:
None
Absent:
None
Abstain:
None
APPROVAL OF PROPOSED AGENDAS
A. Approval of Proposed Agenda for Council Goal Setting Session of
Tuesday, January 30, 2007.
B. Approval of Proposed Agenda for Special City Council/PCDC Meeting of
Wednesday, January 31, 2007.
C. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
February 5, 2007.
Motion: Approve A. Proposed Agenda for Council Goal Setting Session of
Tuesday, January 30, 2007; B. Proposed Agenda for Special City Council/PCDC
Meeting of Wednesday, January 31, 2007; and C. Proposed Agenda for Regular
City Council/PCDC Meeting of February 5, 2007, as presented.
Moved by Council Member Mike O'Brien, seconded by Vice Mayor Karen Nau.
Vote: Motion carried 6-0.
Yes: Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: None
Absent: None
Abstain: None
CONSENT CALENDAR
A. Resolution 2007-007 N.C.S. Approving the 2007 Investment Policy.
(Carmichael)
B. Resolution 2007-008 N.C.S. Authorizing the City Manager to Enter Into an
Agreement with Exchange Bank to Provide Banking Services to the City
Beginning 2007 through 2012. (Carmichael)
C. Resolution 2007-009 N.C.S. Approving the Amendment to the City of
Petaluma Capital Asset Policy. (Carmichael)
Vol. 42, Page 220 January 22, 2007
D. Resolution 2007-010 N.C.S. to Increase City's Fee for Payment Made from
an Account with Non -Sufficient Funds to Reflect City Costs. (Carmichael) -
Continued from January 8, 2007 meeting.
E. Resolution 2007-011 N.C.S. Amending the Classification and
Compensation Plan by Establishing the New Classification, Pay Range and
Unit Assignment of Senior Civil Engineer. (Carmichael/Robbins)
F. Resolution 2007-012 N.C.S. Approving the Phase IV Final Map (Affordable
Housing Component) of the Southgate Subdivision. (Marengo/Bates)
G. Resolution Reinstating the Senior Citizen Center Committee as Established
in City of Petaluma Municipal Code (Chapter 2.70). (Carr/Streeper) -
Removed for discussion.
Council Member Barrett asked to remove Item 3G for discussion.
Motion: Approve Consent Calendar Items 3A, 3B, 3C, 3D, 3E, and 3F.
Moved by Council Member Mike Harris, seconded by Mayor Pamela Torliatt.
Vote: Motion carried 6-0.
Yes: Mike Harris, Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: None
Absent: None
Abstain: None
Council Member Barrett (Item 3G)
Mayor Torliatt
City Attorney Danly
Council Member Harris
Mayor Torliatt summarized Council consensus to direct staff to bring Item 3G back
at the February 5, 2007 Council Meeting to introduce an ordinance stating what
the composition, terms, name, etc. of the committee should be.
4. UNFINISHED BUSINESS
A. Discussion and Action Regarding Reconstruction and Replacement of
Petaluma Municipal Airport Fuel Tank System: Resolution 2007-013
N.C.S. Making Specified Findings, Rejecting All Bids, Approving a Revised
Budget and Directing and Authorizing the City Manager of the City of
Petaluma to Negotiate and Execute a Contract for Reconstruction and
Replacement of the Existing Fuel Delivery System at the Petaluma
Municipal Airport in an Amount Not to Exceed $900,000.
(Marengo/Zimmer) - Continued from January 8, 2007 meeting.
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January 22, 2007
Vol. 42, Page 221
Larry Zimmer, Capital Improvements Division Manager, Public Works
Department
Mayor Torliatt
Mr. Zimmer
Mayor Torliatt
Council Member Harris
Mr. Zimmer
Council Member Harris
Mr. Zimmer
Mayor Torliatt
Council Member Harris
City Manager Bierman
City Attorney Danly
Council Member O'Brien
Mr. Zimmer
Mayor Torliatt
City Attorney Danly
Mr. Zimmer
Mayor Torliatt
Council Member Rabbitt
Mr. Zimmer
Council Member O'Brien
Mayor Torliatt
Motion: Approve A. Resolution 2007-013 N.C.S. Making Specified Findings,
Rejecting All Bids, Approving a Revised Budget and Directing and
Authorizing the City Manager of the City of Petaluma to Negotiate and
Execute a Contract for Reconstruction and Replacement of the Existing
Fuel Delivery System at the Petaluma Municipal Airport in an Amount Not
to Exceed $900,000.
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Vol. 42, Page 222
January 22, 2007
Moved by Council Member Mike Harris, seconded by Council Member
Mike O'Brien.
Vote: Motion carried 6-0.
Yes:
Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No:
None
Absent:
None
Abstain:
None
B. Discussion and Action Approving PCDC Resolution 2007-01 Proposed
Mitigated Negative Declaration for Petaluma Boulevard Road/Street
Improvements Project. (Marengo/Zimmer)
Larry Zimmer, Capital Improvements Division Manager, Public Works
Department
Mayor Torliatt
Council Member Harris
Mr. Zimmer
Council Member O'Brien
City Attorney Danly
City Manager Bierman
Mayor Torliatt
Council Member O'Brien
Frank Penry, Traffic Engineer, Public Works Department
Council Member O'Brien
City Attorney Danly
Mr. Zimmer
Council Member O'Brien
Mr. Penry
Council Member O'Brien
Mr. Penry
Council Member O'Brien
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January 22, 2007
Mr. Zimmer
Mayor Torliatt
Council Member O'Brien
Mr. Penry
Mayor Torliatt
Council Member O'Brien
City Attorney Danly
Mayor Torliatt
Mr. Zimmer
Mayor Torliatt
City Manager Bierman
Council Member O'Brien
Council Member Rabbitt
Council Member O'Brien
Mayor Torliatt
Council Member O'Brien
Vol. 42, Page 223
Motion: Approve B. PCDC Resolution 2007-01 Approving the Proposed
Mitigated Negative Declaration for Petaluma Boulevard Road/Street
Improvements Project.
Moved by Vice Mayor Karen Nau, seconded by Council Member Mike
Harris.
Vote: Motion carried 5-1.
Yes:
Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt
No:
Mike O'Brien
Absent:
None
Abstain:
None
C. Introduction (First Reading) of Ordinance 2259 N.C.S. of the City of
Petaluma Recodifying and Readopting Ordinance No. 2256 N.C.S.
(Establishing a Living Wage Requirement for Specified City Funded
Contracts and City Employees) and Reinstating Former Chapter 2.70 of
the Municipal Code of the City of Petaluma as Previously Codified;
Vol. 42, Page 224 January 22, 2007
Adoption of PCDC Resolution 2007-02 Confirming PCDC Adoption of Living
Wage Policy. (Bierman)
City Manager Bierman
Motion: Approve C. Introduction (First Reading) of Ordinance 2259
N.C.S. of the City of Petaluma Recodifying and Readopting Ordinance
No. 2256 N.C.S. (Establishing a Living Wage Requirement for Specified City
Funded Contracts and City Employees) and Reinstating Former Chapter
2.70 of the Municipal Code of the City of Petaluma as Previously Codified;
Adoption of PCDC Resolution 2007-02 Confirming PCDC Adoption of Living
Wage Policy.
Moved by Council Member Mike Harris, seconded by Council Member
Mike O'Brien.
Vote: Motion carried 6-0.
Yes:
Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No:
None
Absent:
None
Abstain:
None
5. NEW BUSINESS
A. Resolution 2007-015 N.C.S. Amending the 2006-2007 Community
Development Block Grant Program Action Plan to Allocate Additional
Revenue. (Gaebler)
Bonne Gaebler, Housing Administrator
Council Member Harris
Mayor Torliatt
Ms. Gaebler
Motion: Approve A. Resolution 2007-015 N.C.S. Amending the 2006-2007
Community Development Block Grant Program Action Plan to Allocate
Additional Revenue.
Moved by Council Member Teresa Barrett, seconded by Council Member
Mike Harris.
Vote: Motion carried 6-0.
Yes:
Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No:
None
Absent:
None
Abstain:
None
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C
January 22, 2007
Vol. 42, Page 225
Resolution 2007-16 N.C.S. Dissolving Citizens Committee for Road
Maintenance Improvements and Reconstruction ("Citizens Advisory
Committee on Street Improvements"). (Marengo/Penry)
Vince Marengo, Public Works Director
Council Member Harris
Director Marengo
Mayor Torliatt
Council Member Rabbitt
Director Marengo
Vice Mayor Nau
Director Marengo
Vice Mayor Nau
Mr. Penry
Vice Mayor Nau
Mr. Penry
Council Member Harris
City Manager Bierman
Motion: Approve B. Resolution 2007-16 N.C.S. Dissolving Citizens
Committee for Road Maintenance Improvements and Reconstruction
("Citizens Advisory Committee on Street Improvements").
Moved by Council Member Mike Harris, seconded by Council Member
Mike O'Brien.
Vote: Motion carried 6-0.
Yes:
Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No:
None
Absent:
None
Abstain:
None
Project Presentation, Discussion, and Commentary on Traffic Plan for D
Street Bridge Painting and Trunion Pin Replacement. (Marengo/Zimmer)
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Vol. 42, Page 226
6.
January 22, 2007
Larry Zimmer, Capital Improvements Division Manager, Public Works
Department
Mayor Torliatt
Council Member O'Brien
Mr. Zimmer
Council Member O'Brien
Mr. Zimmer
Council Member Rabbitt
Mr. Zimmer
Council Member Barrett
Mr. Zimmer
Vice Mayor Nau
Mr. Zimmer
Mayor Torliatt
Mr. Zimmer
Mayor Torliatt
Council Member O'Brien
Mr. Zimmer
Mayor Torliatt
Director Marengo
PUBLIC HEARING
A. Resolution 2007-017 N.C.S. Approving the Issuance of Tax -Exempt Bonds
by the California Municipal Finance Authority for a Multifamily Housing
Project to be Owned by a Limited Partnership or a Limited Liability
Company in which Petaluma Ecumenical Properties or an Affiliate will
Serve as a General Partner or Member. (Gaebler)
Bonne Gaebler, Housing Administrator
Mayor Torliatt opened the Public Hearinq.
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January 22, 2007
Vol. 42, Page 227
There being no one wishing to speak, Mayor Torliatt closed the Public
Hearing.
Motion: Approve A. Resolution 2007-017 N.C.S. Approving the Issuance of
Tax -Exempt Bonds by the California Municipal Finance Authority for a
Multifamily Housing Project to be Owned by a Limited Partnership or a
Limited Liability Company in which Petaluma Ecumenical Properties or an
Affiliate will Serve as a General Partner or Member.
Moved by Council Member Mike O'Brien, seconded by Council Member
Mike Harris.
Yes:
Mike Harris; Teresa Barrett, Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No:
None
Absent:
None
Abstain:
None
ADJOURN TO ANNUAL MEETING OF THE PETALUMA PUBLIC FINANCING CORPORATION
7. NEW BUSINESS
A. Annual Meeting of the Petaluma Public Financing Corporation.
(Carmichael)
• Status Report on Activity for Fiscal Year 2005-06.
• Approval of Minutes of January 23, 2006.
Administrative Services Director Steven Carmichael
Motion: Approve the January 23, 2006 minutes of the Petaluma Public
Financing Corporation, and accept Status Report on Activity for Fiscal
Year 2005-06.
Moved by Council Member Mike O'Brien, seconded by Council Member
Mike Harris.
City Attorney Danly
Council Member Barrett
Motion: (Amending previous motion) Approve the January 23, 2006
minutes of the Petaluma Public Financing Corporation.
Moved by Council Member Mike O'Brien, seconded by Council Member
Mike Harris.
Vote: Motion carried 4-0.
Yes: Mike Harris; Karen Nau; Pamela Torliatt; Mike O'Brien
No: None
Absent: None
Abstain: Teresa Barrett; David Rabbitt
Vol. 42, Page 228 January 22, 2007
Motion: Approve Accept the Status Report on Activity for Fiscal Year 2005-
06.
Moved by Council Member Mike O'Brien, seconded by Council Member
Mike Harris.
Vote: Motion carried 6-0.
Yes:
Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No:
None
Absent:
None
Abstain:
None
Director Carmichael
ADJOURN TO REGULAR MEETING OF THE PETALUMA CITY COUNCIL/PETALUMA COMMUNITY
DEVELOPMENT COMMISSION (PCDC)
ADJOURN TO CLOSED SESSION - 5:26 p.m.
PUBLIC COMMENT
None.
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
Robert Ramirez and Rick Costa v. City of Petaluma and City Council of the City of Petaluma -
Sonoma County Superior Court action number SCV-239223
Joe Long and Angela Long v. City of Petaluma, Sonoma County Superior Court action number
SC V-239227
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 Section 54956.9: 2 potential cases
JANUARY 22, 2007
EVENING SESSION
CALL TO ORDER - EVENING SESSION - 7:00 P.M.
A. Roll Call
Present: Teresa Barrett, Mike Harris, Karen Nau, Mike O'Brien,
David Rabbitt, Pamela Torliatt
Absent: None
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January 22, 2007
Pledge of Allegiance
Vol. 42, Page 229
Dorothy Bertucci, Petaluma, outgoing member, Sonoma County Library
Commission
C. Moment of Silence
REPORT OUT OF CLOSED SESSION - ACTIONS TAKEN
None.
PUBLIC COMMENT
Tom Vasgird, Petaluma, Treasurer, Petaluma Community Access (PCA), announced that
the PCA Fiscal Year Ending 3/30/06 Audit had been delivered to City Hall.
Richard Parker, Petaluma, spoke about parking at Leghorns Park, which he says is being
used by students at the SRJC.
Harry Clifford, Petaluma, Chair, Needs Assessment Committee for Parks and Recreation,
spoke about getting their projects into the budget.
David Libchitz, Petaluma, noted that the Oath of Office taken by Council Members does
not mention serving the public. He complimented Mayor Torliatt on her dedication. He
urged Council to include updating of the City's sign ordinance in their list of goals. He
said he is appalled at recent editorials in Press Democrat and Argus -Courier attacking
Mayor Torliatt, which he called "disgusting."
Geoff Cartwright, Petaluma, spoke against building in the floodplain.
COUNCIL COMMENT
Council Member Barrett
Council Member Rabbitt
CITY MANAGER COMMENT
None.
8. UNFINISHED BUSINESS
A. Discussion and Direction on Possible Waiver of the Attorney Client Privilege
Concerning City Attorney Memo dated December 8, 2006 Addressing
Filling City Council Vacancies. (Danly)
Mayor Torliatt polled the Council to ask if any members were opposed to
releasing this memo, and there being none, gave City Attorney Danly
direction to release the memo to the public.
B. Discussion and Direction on the Selection Process for the Vacant Council
Member Position. (Harris)
Vol. 42, Page 230 January 22, 2007
Mayor Torliatt asked if any Council Members were opposed to filling the
vacancy. There was no one opposed.
Public Comment
Connie Madden, Petaluma, recommended David Glass to fill the vacant
Council seat.
Robert Mitchell, Petaluma, said it's important to have a seven -member
Council to resolve the issues facing Petaluma. He encouraged Council to
appoint someone to the seat, looking "outside the usual places, for that
unique person."
Elaine Ramirez, Petaluma, encouraged Council to appoint a seventh
Council Member. Not doing so would set a bad precedent for the future
for Council and City Boards, Commissions, and Committees. She
suggested former Council Member Mike Healy.
Alon Haramati, Petaluma, does not believe there is adequate
transparency in the City's business.
Robert Ramirez, Petaluma, encouraged Council to appoint a seventh
Council Member. He suggested former Council Member Mike Healy, as
the mayoral election was a close one, and Mr. Healy is an experienced
Council Member.
Skip Sommer, Petaluma, thanked Council for agreeing to appoint a
seventh member. He thought the recent editorials in the Press
Democrat and Argus -Courier were "unduly harsh." He urged Council to
appoint, because a special election would be costly and anger the
public.
Carol Fullerton, Petaluma, said as we are "now victims of a president who
chooses not to listen to anyone else," it is important to listen to the voters.
She urged Council to appoint Mike Healy to the vacant seventh seat.
David Glass, Petaluma, told Council, "You want a uniter, not a divider, but
what you'll get is a decider." He said it was not Mayor Torliatt's political
ambition to create a vacancy - it was the voters who did that. He urged
Council to look outside for someone without a political agenda.
The seventh person should sit, listen, be quiet, and when necessary, be a
decider. But it is the six elected members who should be doing the talking.
Janice Cader-Thompson, Petaluma, said it was good to see Pamela
Torliatt as Mayor, but she was "horrified" by the editorials in the Argus -
Courier and Press Democrat. She congratulated Mayor Torliatt on running
a clean campaign. She told Council they would have to work really hard
to find someone who will fit the niche and not be on one side or another.
She feels the news media has made this into a big secret, but that, "It's
not a secret, it's a process."
January 22, 2007 Vol. 42, Page 231
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Vol. 42, Page 232
January 22, 2007
City Attorney Danly
Council Member Rabbitt
Council Member O'Brien
City Attorney Danly
Council Member Harris
Mayor Torliatt
Council Member Barrett
Mayor Torliatt
Council Member Rabbitt
City Attorney Danly
Council Member Barrett
Mayor Torliatt
Council Member Barrett
Mayor Torliatt
Council Member Rabbitt
Mayor Torliatt
Council Member Rabbitt
Council Member Barrett
Mayor Torliatt
Vice Mayor Nau
Mayor Torliatt
Council Member O'Brien
City Attorney Danly
Mayor Torliatt summarized the Council consensus that applications would
be accepted from individuals interested in filling the vacancy on Council.
The City Clerk will prepare the application form, which is essentially the
same as the supplementary questionnaire completed by applicants to
the Planning Commission. The application period will begin tomorrow,
Tuesday, January 23, 2007, and will close at 5:00 p.m. on Thursday,
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9.
January 22, 2007
Vol. 42, Page 233
February 1. Applicants must also include a resume. Applications are to be
submitted to the City Clerk's Office by the deadline, and may be
submitted in person, by mail, e-mail, or FAX. At the February 5, 2007 7:00
p.m. Council Meeting, each applicant will be asked to give a mandatory
1 -minute presentation to Council, after which Council may ask questions
of the applicant. Council will have the names of all applicants, and will
vote for the individual of their choice, and will continue voting until one
applicant receives four votes.
Council Member Harris
City Attorney Danly
Mayor Torliatt
Council Member Rabbitt
Council Member Harris
Council Member O'Brien
At the request of Council Members Harris, O'Brien, and Rabbitt, Mayor
Torliatt asked that discussion of a possible special election be agendized
to follow the appointment process.
Council Member Rabbitt
Mayor Torliatt
NEW BUSINESS
A. Appointments to City Boards, Commissions, and Committees. (Cooper)
Mayor Torliatt
Historical and Cultural Preservation Committee ("Historic SPARC'T One
vacancy to complete a one-year term expiring June 30, 2007 (Heritage
Homes of Petaluma Representative).
Motion: Approve Resolution 2007-018 N.C.S. Appointing Marianne Hurley
as Heritage Homes of Petaluma's Representative to the Historical and
Cultural Preservation Committee ("Historic SPARC") to complete a one-
year term expiring June 30, 2007.
Moved by Council Member Mike O'Brien, seconded by Council Member
Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: None
Vol. 42, Page 234 January 22, 2007
Absent: None
Abstain: None
Site Plan and Architectural Review Committee (SPARC): One vacancy to
complete a two-year term expiring June 30, 2007.
Motion: Approve Resolution 2007-019 N.C.S. Appointing Dennis Elias to
the Site Plan and Architectural Review Committee (SPARC) to complete a
two-year term expiring June 30, 2007.
Moved by Council Member Mike O'Brien, seconded by Council Member
Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: None
Absent: None
Abstain: None
Pedestrian and Bicvcle Advisory Committee: One vacancy to complete a
two-year term expiring June 30, 2008. (Resolution 2007-020 N.C.S.)
Council Members completed ballots. City Clerk Claire Cooper read the
results as follows:
Council Member Barrett - vote for Allen Tacy
Council Member Harris - vote for Allen Tacy
Vice Mayor Nau - vote for Allen Tacy
Council Member O'Brien - vote for Bill Acheson
Council Member Rabbitt - vote for Allen Tacy
Mayor Torliatt - vote for Bill Acheson
Mayor Torliatt announced that Allen Tacy had been appointed to the
Pedestrian and Bicycle Advisory Committee to complete a two-year term
expiring June 30, 2008. (Resolution 2007-020 N.C.S.)
Sonoma Countv Library Commission: One vacancy for a term beginning
March 1, 2007 and expiring February 28, 2011. (Resolution 2007-021 N.C.S.)
Mayor Torliatt
Council Members completed ballots. City Clerk Cooper read the results as
follows:
Council Member Barrett - vote for Tim May
Council Member Harris - vote for Tim May
Vice Mayor Nau - vote for Tim May
Council Member O'Brien - vote for Jerry Spremich
Council Member Rabbitt - vote for Tim May
Mayor Torliatt - vote for Tim May
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IN
January 22, 2007
Vol. 42, Page 235
Mayor Torliatt announced that Tim May had been appointed to
the Sonoma County Library Commission for a four-year term March 1,
2007 through February 28, 2011. (Resolution 2007-021 N.C.S.).
Dorothy Bertucci, Petaluma, outgoing member of the Sonoma County
Library Commission explained that Tim May could not be here due to
family illness, and thanked Council for appointing Mr. May, and she
thanked Council for their support of the library for the 32 years she has
served.
Tree Advisory Committee
Council Member Barrett
City Clerk Cooper
Motion: Postpone appointing new members to the Tree Advisory
Committee until the Annual Appointments in June, at which time the issue
of the number of members Council may appoint to this and other
committees will be addressed.
Moved by Council Member Teresa Barrett, seconded by Council Member
Mike O'Brien.
Vote: Motion carried 6-0.
Yes:
Mike Harris; Teresa Barrett; Karen Nau; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No:
None
Absent:
None
Abstain:
None
PUBLIC HEARINGS
A. Public Hearing on Wastewater and Water Service Charges:
(1) Resolution 2007-022 N.C.S. Adopting a New Rate Schedule for Water
Service and Rescinding Resolution No. 2002-191 N.C.S. (Ban)
(2) Resolution 2007-023 N.C.S. 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
Council Member Rabbitt
Director Ban
Council Member Rabbitt
Director Ban
Council Member Harris
Vol. 42, Page 236 January 22, 2007
Director Ban
Council Member Harris
Director Ban
Council Member O'Brien
Director Ban
Council Member Barrett
Director Ban
City Manager Bierman
Council Member Barrett
Vice Mayor Nau
Tom Gaffney, Bartle Wells Associates
Council Member O'Brien
Mayor Torliatt
Director Ban
Mayor Torliatt opened the Public Hearinq.
Dennis Gilday, Petaluma, said that development affects the need for a
bigger wastewater treatment plant. He thinks that developers and new
hook-ups should help offset the increases.
David Yearsley, Petaluma, proclaiming himself a "Mud Hugging River
Advocate," said he had always known the rates would need to go up to
pay for needed new infrastructure. The improvements were approved by
the public, and bring many benefits to the community. He thought there
was willingness in the community to "do the right thing" for the
environment and the community.
Bryant Moynihan, Petaluma, thought Council should step back and not
act tonight. He said the rates would be quadrupled if Council passed the
five-year plan. He reiterated that he believed that controlling expenses by
reducing City employees' compensation was the answer.
David Glass, Petaluma, said that this was a "decision that has been put off
for two decades" and that it why the cost is much higher. It is imperative
that the City have the capability to meet the state mandates for
recycling. There is no guarantee that the City will continue to receive the
water entitlements it has been getting. This decision would not get any
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January 22, 2007 Vol. 42, Page 237
easier than it is today. It will be painful, but it would be more painful to turn
on the faucet and have nothing come out. He urged Council to look at
the 5 -year plan.
Janice Cader-Thompson, Petaluma, agreed that this is "not a new
conversation." Ten years ago Council was having discussion about future
water entitlements and how the costs would be borne. Everyone's rates
will go up. She said she was not happy about it, but that Council should
"bite the bullet" and approve the rate increases. She added that if
Council approved the 1- or 2 -year plan, a building moratorium should be
piggy -backed onto it.
Susan Kirks, Petaluma, said the Paula Lane Action Network has been
interfacing with the Water Resources and Conservation
Department regarding the new Paula Lane Tank, and thinks there are
some cost-effective fencing and landscaping changes that will allow the
wildlife to continue to move through there and also save some money.
She told Council she supported the 5 -year plan.
Mayor Torliatt closed the Public Hearinq.
Mayor Torliatt
Director Ban
Mayor Torliatt
Council Member Barrett
City Manager Bierman
Council Member Barrett
City Manager Bierman
Council Member O'Brien
Council Member Rabbitt
Council Member Harris
Council Member Barrett
Vice Mayor Nau
Mayor Torliatt
Council Member O'Brien
Motion: Approve (1) Resolution 2007-022 N.C.S. Adopting a New Rate
Schedule for Water Service and Rescinding Resolution No. 2002-191 N.C.S.;
and (2) Resolution 2007-023 N.C.S. Adopting a New Rate Schedule for
Vol. 42, Page 238 January 22, 2007
Wastewater Service and Rescinding Resolution No. 2002-189 N.C.S.,
approving the 5 -year plan, with the stipulations that staff looks at
intergovernmental fees, service charges, value engineering, and any
savings come back as a rate reduction on the proposed increases.
Moved by Council Member Mike O'Brien, seconded by Council Member
Teresa Barrett.
Council Member Harris
City Manager Bierman
Mayor Torliatt
Motion: Amend the motion/second to: Approve (1) Resolution 2007-022
N.C.S. Adopting a New Rate Schedule for Water Service and Rescinding
Resolution No. 2002-191 N.C.S.; and (2) Resolution 2007-023
N.C.S. Adopting a New Rate Schedule for Wastewater Service and
Rescinding Resolution No. 2002-189 N.C.S., approving the 5 -year plan, wits
the stipulations that staff looks at intergovernmental fees, service charges,
value engineering, and any savings come back as a rate reduction on
the proposed increases, with the matter returning to Council in September
for review.
Moved by Council Member Mike O'Brien, seconded by Council Member
Teresa Barrett.
Vice Mayor Nau
Vote: Motion carried 5-1.
Yes: Mike Harris; Teresa Barrett; Pamela Torliatt;
David Rabbitt; Mike O'Brien
No: Karen Nau
Absent: None
Abstain: None
B. Public Hearing and Discussion of Draft General Plan 2025 and Draft
Environmental Impact Report (Update and Question & Answer Session for
New Council Members). (Tuft) - Continued from December 18, 2006
meeting.
Mayor Torliatt
City Manager Bierman
Mayor Torliatt asked the City Manager to set up Special Meetings during
February for the next series of General Plan discussions.
Council Member Barrett
City Manager Bierman
January 22, 2007 Vol. 42, Page 239
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5 ADJOURN
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7 The meeting was adjourned at 10:38 p.m.
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13 Pamela Torliatt, Mayor
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22 Claire Cooper, CMC, City Clerk
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