HomeMy WebLinkAboutCity Council Minutes 10/01/20071
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October 1, 2007
Vol. 43, Page 129
a��LU City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
I85$
City Council/PCDC Minutes
Monday, October 1, 2007
Regular Meeting
OCTOBER 1, 2007
AFTERNOON SESSION
A. Roll Call
Present: Teresa Barrett, Samantha Freitas, Mike Harris, Karen Nau,
Mike O'Brien, David Rabbitt, Pamela Torliatt
Absent: None
Pledge of Allegiance
Charlie Reinhart, Petaluma, Chair, Animal Services Advisory Committee
C. Moment of Silence
PRESENTATIONS
• Drawing of Winning Ticket of the Petaluma Animal Services Advisory Committee
"Mediterranean Dreams" Nine -Day Cruise Tour of the Greek Isles for Two Raffle.
Mayor Torliatt
Charlie Reinhart, Petaluma, Chair, Animal Services Advisory Committee
Cory Young, Argus -Courier, drew the winning ticket with help from Tater, a four-year-
old poodle mix available for adoption at the Petaluma Animal Shelter. The winner
was Bev Myers of Diamond Street in San Francisco.
Animal Services Manager Nancee Tavares
Mayor Torliatt
Employee Service Awards for Third Quarter 2007.
Mayor Torliatt
Police Chief Steve Hood announced that recently retired Police Department
employee Todd Hart was being honored.
Vol. 43, Page 130 October 1, 2007
Police Officer Ron Klein, President, Police Officers Association
• .r
Council Member O'Brien
City Manager Bierman announced that the Employee of the Third Quarter was Police
Detective Michael Pierre.
Detective Pierre
Mayor Torliatt
PUBLIC COMMENT
Scott Kivel, Owner, 200 Kentucky Street (Bank of America Building), told Council he
bought the Bank of America building in December 2005 and asked Council to address
the issue of water and policy. He has gone through three SPARC meetings and several
community meetings, and thinks there is general agreement that his project as it is now
proposed will be good for Petaluma.
Angelique Fry, Petaluma, asked Council to place legislation regarding pot-bellied pig
ownership on a future Council agenda, and to consider staying the notice she and her
husband received from the City ordering removal of their pigs until this can be discussed
by Council. The Frys moved here 16 years ago from Novato, and said at that time they
were told by the City that an ordinance was being finalized making pot-bellied pigs
legal. Later they learned that because they live in a PUD, they cannot legally have the
pigs. She asked Council to revisit this and change the code. She added that the code's
current 100 pound limit is unrealistic and unhealthy. One hundred pounds is a "one-year
old show standard" but pigs mature at 3-5 years.
Bryant Moynihan, Petaluma, spoke about his public records request and letter he
submitted to City Clerk today that was in response to his letter from City Attorney Danly.
He believes that the City has collected roughly $10 million dollars illegally in excessive
intragovern mental charges that should be returned to the citizens.
COUNCIL COMMENT
Council Member O'Brien asked that the meeting be adjourned in memory of Joseph
Domenic Dentoni, Jr.
Council Member Freitas
Council Member Harris
Vice Mayor Nau
Council Member Rabbitt
Council Member Barrett
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October 1, 2007
Mayor Torliatt
City Attorney Danly
Mayor Torliatt
Council Member O'Brien
City Attorney Danly
CITY MANAGER COMMENT
Vol. 43, Page 131
City Manager Bierman confirmed for Mr. and Mrs. Fry that the City will not impound their
pigs as scheduled.
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 Monday,
September 10, 2007.
B. Approval of Minutes of Regular City Council/PCDC Meeting of Monday,
September 17, 2007.
C. Approval of Minutes of City Council Team -Building Workshop Monday,
September 17, 2007.
Council Member Harris announced that he would abstain from voting on the
minutes of the September 10, 2007 Council Meeting as he was not present for the
afternoon session; Mayor Torliatt confirmed that Council Member O'Brien would
abstain from voting on the minutes of the September 17, 2007 Team -Building
Workshop as he did not attend that meeting.
Motion: Approve A. Approval of Minutes of Regular City Council/PCDC Meeting of
Monday, September 10, 2007; B. Approval of Minutes of Regular City
Council/PCDC Meeting of Monday, September 17,2007; and C. Approval of
Minutes of City Council Team -Building Workshop Monday, September 17, 2007, as
presented, Council Member Harris abstaining from the afternoon session of
September 10; Council Member O'Brien abstaining from the Team -Building
Workshop on September 17.
Moved by Samantha Freitas, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes: Pamela Torliatt; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt; Teresa Barrett
No: None
Abstain: None
Vol. 43, Page 132 October 1, 2007
Absent: None
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, October 15, 2007.
Motion: Approve A. Approval of Proposed Agenda for Regular City
Council/PCDC Meeting of Monday, October 15, 2007, as presented.
Moved by Mike O'Brien, seconded by Teresa Barrett.
Vice Mayor Nau
Mayor Torliatt
City Manager Bierman
Vote: Motion carried 7-0.
Yes:
Pamela Torliatt; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt; Teresa Barrett
No:
None
Abstain:
None
Absent:
None
3. CONSENT CALENDAR
A. Resolution 2007-171 N.C.S. Accepting Claims and Bills for August 2007.
(Carmichael)
B. Resolution 2007-172 N.C.S. Accepting the Quarterly Treasurers Report for
June 30, 2007. (Carmichael)
C. Resolution 2007-174 N.C.S. Accepting Completion of the Construction
Contract for Repair Soundwalls - Replacement of Sidewalk and
Placement of Benches FEMA/OES Project F095409, F070706, C100103.
(Marengo/Lackie) - Removed for discussion.
D. PCDC Resolution 2007-15 Authorizing Submittal of Application for an EPA
Brownfields Revolving Loan Fund (RLF) Grant, Directing the Executive
Director to Execute Agreement with Econ, Inc. to Prepare Grant
Applications and Authorizing the Executive Director to Conduct
Negotiations and Execute Necessary Documents. (Marengo/Zimmer)
E. Resolution 2007-173 N.C.S. Authorizing the Purchase of One New
Jacobsen HR9016 Rotary Gang Mower from H.V. Carter Company,
Livermore, CA, in the Amount of $99,691.50. (Brodhun/DeNicola)
Council Member Barrett asked to remove Consent Calendar Item 3C for
discussion.
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4.
October 1, 2007 Vol. 43, Page 133
Motion: Approve Consent Calendar Items 3A, 3B, 3D, 3E, and 3F.
Moved by Teresa Barrett, seconded by Karen Nau.
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Yes:
Pamela Torliatt; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt; Teresa Barrett
No:
None
Abstain:
None
Absent:
None
Council Member Barrett (Item 3C)
Public Works Director Vince Marengo
Council Member Barrett
Motion: Approve C. Resolution 2007-174 N.C.S. Accepting Completion of the
Construction Contract for Repair Soundwalls - Replacement of Sidewalk and
Placement of Benches FEMA/OES Project F095409, F070706, C100103.
Moved by Teresa Barrett, seconded by Karen Nau.
Vote: Motion carried 7-0.
Yes:
Pamela Torliatt; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt; Teresa Barrett
No:
None
Abstain:
None
Absent:
None
UNFINISHED BUSINESS
A. Verbal Update for Progress on Construction of the Ellis Creek Water
Recycling Facility Through August 2007.
Water Resources and Conservation Engineering Manager Margaret Orr
Mayor Torliatt
Ms. Orr
Council Member Barrett
Ms. Orr
City Manager Bierman
Mayor Torliatt
Council Member Rabbitt
Vol. 43, Page 134
I
October 1, 2007
2 Ms. Orr
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4 Council Member Rabbitt
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6 Ms. Orr
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8 Vice Mayor Nau
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10 Ms. Orr
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12 Vice Mayor Nau
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14 Ms. Orr
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16 Mayor Torliatt
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18 Ms. Orr
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20 Mayor Torliatt
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22 Ms. Orr
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24 5. NEW BUSINESS
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26 A. Presentation, Discussion and Possible Action Regarding Plan for Operation
27 and Maintenance of Ellis Creek Water Recycling Facility. (Ban/Orr)
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29 Director of Water Resources and Conservation Mike Ban
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31 Council Member Rabbitt
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33 Director Ban
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35 Council Member Rabbitt
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37 Director Ban
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39 Council Member Harris
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41 Director Ban
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43 Council Member Harris
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45 Council Member O'Brien
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47 Director Ban
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49 Mayor Torliatt
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51 Council Member O'Brien
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October 1, 2007
Director Ban
Council Member O'Brien
Director Ban
Council Member O'Brien
Director Ban
Mayor Torliatt
Director Ban
City Attorney Danly
Mayor Torliatt
Director Ban
Ms. Orr
Mayor Torliatt
Director Ban
Mayor Torliatt
Director Ban
Public Comment on item 5A
Vol. 43, Page 135
Bryant Moynihan, Petaluma, told Council that operation of the plant
should be competitively bid. He does not believe the staff report's claim
that the plant can be run more economically by the City.
Tom Brandon, representing the Machinists Union, said that union members
working at the Hopper Street Plant are very concerned because jobs are
uncertain for the new facility. He asked Council and Director Ban to hire
the current workers for the new facility.
John O'Hare, current plant manager of the City's wastewater treatment
plant, asked that the letter from Veolia that Council received at the dais
be made part of the record of this meeting.
Mayor Torliatt
Council Member Freitas
Director Ban
Council Member Freitas
Vol. 43, Page 136 October 1, 2007
Council Member Barrett
City Manager Bierman
Vice Mayor Nau
Council Member O'Brien
Council Member Rabbitt
Council Member Harris
Mayor Torliatt
Council Member Harris
Director Ban
City Manager Bierman summarized Council's direction staff:
• Meet with representatives of Veolia regarding their letter and look at
their costs versus what the City has estimated and answer their
questions. Council will be provided with a summary of that discussion.
• Clarify union issues.
• Make sure that total costs, including intragovernmental charges, are
considered.
• Regarding cost estimates in Table 8 of the staff report, get estimates
from Veolia without putting them in a position where competitors
know their costs ahead of time.
• Determine if an independent analysis of City/private cost estimates
can be made.
• Develop ways to measure performance if operation of the plant is
moved in-house.
• Provide Council with a complete explanation of the bid process vs.
the request for proposals process.
Council Member Freitas
City Manager Bierman
Mayor Torliatt
ADJOURN TO CLOSED SESSION - 5:14 p.m.
City Attorney Danly announced that the first Closed Session item listed would not be
discussed today.
PUBLIC COMMENT
None.
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October 1, 2007
Vol. 43, Page 137
CLOSED SESSION
• .
cl Ban. Employee .
AF-SCMB. This item WGS net discussed. -This item was not discussed.
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT: Pursuant to California Government Code
§54957. Title: City Manager.
OCTOBER 1, 2007
EVENING SESSION
CALL TO ORDER - EVENING SESSION - 7:00 P.M.
Gl�•11[•Z:11
Present: Teresa Barrett, Samantha Freitas, Mike Harris; Karen Nau,
Mike O'Brien, David Rabbitt, Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Noah Miguel, Ram Goli, and Hannah Becker, Student Council Members from
Meadow Elementary School.
Mr. Goli
Ms. Becker
Mr. Miguel
C. Moment of Silence
Mayor Torliatt stated that the meeting would be adjourned in memory of Joseph
Domenic Dentoni, Jr. and "Woody" Woods.
PROCLAMATIONS
Proclaiming October 7-13,2007 as Petaluma Going Green Week.
Mayor Torliatt
Phil Boyle, Associate Planner, Community Development Department, and Member of
Petaluma's Green Team
Proclaiming the Retirement of Diane Landman from COTS.
Mayor Torliatt
• Proclaiming October 7-13, 2007 as Fire Prevention Week.
Vol. 43, Page 138 October 1, 2007
Mayor Torliatt
Fire Chief Chris Albertson
PRESENTATIONS
• Citizens in Action Recognition by Fire Department.
Mike Haberski, Battalion Chief, Petaluma Fire Department, announced that Pete
Amante and Steven Gies were being honored with a "Citizens in Action Award" for
pulling a neighbor, Cathy Rappa, from her burning apartment.
Mr. Amante and his wife sang a Native American "going away song" for Cathy
Rappa, the burn victim, who died from burns suffered in her apartment fire.
Police Department Alcohol Control and Enforcement Officer Grant.
Sergeant Tim Lyons, Petaluma Police Department
Council Member Rabbitt
Sergeant Lyons
Council Member Rabbitt
Mayor Torliatt
Sergeant Lyons
Mayor Torliatt
REPORT OUT OF CLOSED SESSION - Actions Taken
None.
PUBLIC COMMENT
Marjorie Heim, Petaluma, spoke in appreciation of the City's Green Team and the City's
partnership with the community in this effort.
Steve Kirk, Petaluma, thanked Council for supporting the Green Team and everything
they have done to support the Daily Acts Organization. He said that each act may seem
insignificant, but as we each act and inform others, the value of that act keeps doubling.
Jaimey Walking Bear, Petaluma, gave heartfelt thanks to Council and the City for the
Green Team and Going Green Week and the work that Daily Acts is doing. He said that
the City's support helps give validity to what they are doing. He also spoke of this
Saturday's Petaluma High School band review.
Skip Sommer, Petaluma, spoke regarding the silk mill restoration, which he said has been
a difficult project. He requested a hearing before Council before October 15. They
cannot get to SPARC without Council's approval on the three items in the letter he sent
to Council. He said they haven't made any progress in the last two years in spite of hiring
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October 1, 2007
Vol. 43, Page 139
attorneys, architects, etc. The silk mill as it stands right now is a "catastrophe waiting to
happen." They have had many break-ins. He said that there is no reason for this delay.
They have not seen any negativity in the community regarding restoring the silk mill.
Diane Reilly Torres, Petaluma, thanked everyone who helped with the recent Creek
Cleanup Day. She also spoke about Domestic Violence Awareness month and
potentially dangerous dogs, and the help needed by seniors living in mobile home parks
in Petaluma.
Mike Healy, Petaluma, Petaluma Preservation Group, LLC, spoke regarding a letter he
sent Council last week about the two CEQA issues that have prevented his clients from
getting SPARC approval for the silk mill restoration project. He clarified they are not
asking to be exempted from SPARC review, they are asking for formal SPARC review. He
also spoke regarding the encroachment permit issue. If Council wants to weigh in on
those, he would encourage that.
COUNCIL COMMENT
Vice Mayor Nau
Council Member Harris
Council Member O'Brien asked that the meeting be adjourned in memory of John
"Jack" Healy, father of former Council Member Mike Healy.
Mayor Torliatt
Council Member Rabbitt
City Attorney Danly
Council Member Freitas
CITY MANAGER COMMENT
None.
b. UNFINISHED BUSINESS
A. Discussion and Possible Action to Appoint Council Liaisons to the Airport
Commission and Pedestrian and Bicycle Advisory Committee.
Mayor Torliatt
Motion: Approve appointment of Vice Mayor Nau as Council Liaison to
the Airport Commission, and Council Member Teresa Barrett as Council
Liaison to the Pedestrian and Bicycle Advisory Committee for the
remainder of the 2007 calendar year.
Moved by Mike Harris, seconded by Samantha Freitas.
Vote: Motion carried 7-0.
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Vol. 43, Page 140
1
October 1, 2007
Yes: Pamela Torliatt; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt; Teresa Barrett
No: None
Abstain: None
Absent: None
Discussion Regarding Extending Date of Expiration of Urban Growth
Boundary to 2025. (Danly/Moore/Tuft)
City Attorney Danly
Mayor Torliatt
Council Member Harris
City Attorney Danly
Council Member Rabbitt
City Attorney Danly
Council Member Rabbitt
City Attorney Danly
Mayor Torliatt
City Attorney Danly
Assistant City Attorney Thomsen
Council Member Rabbitt
Assistant City Attorney Thomsen
City Attorney Danly
Council Member Rabbitt
Assistant City Attorney Thomsen
Public Comment
Connie Madden, Petaluma, said she was glad there is such a strong
support for the Urban Growth Boundary on Council, and Council should
do whatever will strengthen the UGB and extend to 2025.
Mayor Torliatt
Council Member O'Brien
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October 1, 2007
Council Member Harris
Council Member Barrett
Council Member Freitas
City Attorney Danly
Council Member Freitas
Mayor Torliatt
Assistant City Attorney Thomsen
Mayor Torliatt
City Attorney Danly
Vice Mayor Nau
Mayor Torliatt
Vice Mayor Nau
Mayor Torliatt
City Attorney Danly
Council Member Barrett
Council Member Rabbitt
City Attorney Danly
Council Member Rabbitt
Mayor Torliatt
City Attorney Danly
Council Member Rabbitt
Vol. 43, Page 141
Motion: begin the process now for extending the Urban Growth Boundary
termination date to 2025.
Moved by Pamela Torliatt, seconded by Teresa Barrett.
Mayor Torliatt
Council Member Harris
Council Member O'Brien
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Vol. 43, Page 142
October 1, 2007
Mayor Torliatt
Vote: Motion failed 3-4.
Yes: Pamela Torliatt; Karen Nau; Teresa Barrett
No: Samantha Freitas; Mike Harris; Mike O'Brien; David Rabbitt
Abstain: None
Absent: None
Council Member Harris
Motion: Approve use all due diligence to move forward after completion
of the General Plan to extend the Urban Growth Boundary termination
date to 2025.
Moved by Mike Harris, seconded by Mike O'Brien
Vote: Motion carried 7-0.
Yes:
Pamela Torliatt; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt; Teresa Barrett
No:
None
Abstain:
None
Absent:
None
Mayor Torliatt
Council Member Harris
Mayor Torliatt
7. NEW BUSINESS
A. Introduction (First Reading) of Ordinance 2285 N.C.S. Amending Title 10 of
the Petaluma Municipal Code by Adding Chapter 10.68 entitled "Alcohol -
Related Nuisance Ordinance." (Hood/Edwards)
Captain Dave Sears, Petaluma Police Department
Mayor Torliatt
Captain Sears
Mayor Torliatt
Captain Sears
Mayor Torliatt
City Attorney Danly
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October 1, 2007
Mayor Torliatt
Captain Sears
Mayor Torliatt
Captain Sears
City Attorney Danly
Mayor Torliatt
City Attorney Danly
Council Member Freitas
City Attorney Danly
Captain Sears
Council Member Freitas
Captain Sears
City Attorney Danly
Public Comment
Vol. 43, Page 143
Aaron Short, Petaluma, Employee at Kodiak Jack's, said their staff cover
every angle they can to make sure things aren't going wrong, ask people
not to loiter, smoke on sidewalk, and to be quiet when leaving. They
constantly watch to see if anyone is intoxicated, try to keep anyone from
driving drunk and if they can't get the keys they call the Police
Department. They don't allow anyone outside the front door after
midnight. At 1:30 a.m., everyone exits out the back. Staff then walks in all
directions, checks for people, picks up litter, walks through parks and
parking lot. Any time they find someone drunk, they call the Police and do
not leave the person alone until the Police get there.
Council Member Harris
Jeff Goodwin, Petaluma, Entertainment Director for Kodiak Jack's, spoke
regarding precautions taken at Kodiak Jack's to ensure that residents of
surrounding neighborhoods are not disturbed.
Wayne Vieler, Petaluma, Owner of Kodiak Jack's, said they have
been called the "Poster Child for How an Alcoholic Beverage
Establishment Should Be Run." He told Council his business already has four
conditional use permits that cover almost everything on the proposed
ordinance. They were not consulted over the course of the last six months
even though they were told they would be. Until September 10, when it
was first scheduled to come to Council, he didn't know it was coming to
Vol. 43, Page 144 October 1, 2007
Council. He suggested that rather than try to "ram this through," that
drafters of the ordinance meet with businesses that will be the focus of the
ordinance. His business has been vetted, and the City has a responsibility
to its business owners who are doing what they are supposed to be doing.
He went to the City Manager six months ago and proposed that
residential parking permits be required on neighboring streets so his
patrons would not park there. He doesn't know why that has not come to
Council. He submitted four pages of questions for the City Attorney.
Mayor Torliatt
Roger Burk, Petaluma, Administrator of Moose Lodge, received notice of
this hearing and asked if the Moose Lodge would be governed by the
ordinance. He said they do not sell alcohol to public, and he doesn't think
they've ever had an alcohol-related incident at the lodge. He would like
to see not-for-profit organizations excluded from this.
Mayor Torliatt
City Attorney Danly
Bob Curry, Petaluma, Petaluma Coalition on Underage and High -Risk
Drinking, said that "No one can deny that we have an alcohol issue in our
community." He called the proposed ordinance "community enhancing."
At a minimum, it will reduce the number and severity of alcohol-related
problems, and curtail opportunities for youth to purchase alcohol.
Wendi Thomas, Petaluma, Emergency Room Nurse at Petaluma Valley
Hospital, said there is a public health issue related to alcohol in our
community and told Council about several incidents she has observed.
Claudia O'Flynn Phelps, Petaluma, Owner of the Aesthetic Approach, says
alcohol-related problems are everybody's responsibility. She praised
Kodiak Jack's for their efforts. She urged Council to adopt the ordinance.
Mayor Torliatt
Council Member Freitas
Council Member Harris
Council Member Barrett
Vice Mayor Nau
Council Member Rabbitt
Council Member O'Brien
Mayor Torliatt
Council Member Barrett
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October 1, 2007
Mayor Torliatt
Captain Sears
City Attorney Danly
Mayor Torliatt
City Attorney Danly
Council Member O'Brien
City Attorney Danly
Council Member O'Brien
Captain Sears
City Attorney Danly
Mayor Torliatt
Captain Sears
Mayor Torliatt
City Attorney Danly
Council Member Barrett
Mayor Torliatt
City Attorney Danly
Vol. 43, Page 145
Motion: Approve A. Introduction (First Reading) of Ordinance 2285
N.C.S. Amending Title 10 of the Petaluma Municipal Code by Adding
Chapter 10.68 entitled "Alcohol -Related Nuisance Ordinance" amended
as follows: Section 10.68.050: Change the 2 year training interval to
3 years; Section 10.68.030(D): Add language to establish a stronger nexus
between alcohol establishments and related nuisances; and Section
10.68.030(Q): Delete the word "delivers." Direction given to staff to return
to Council in 12 months for discussion of progress and future funding.
Moved by Teresa Barrett, seconded by Samantha Freitas.
Vote: Motion carried 7-0.
Yes: Pamela Torliatt; Samantha Freitas; Mike Harris;
Karen Nau; Mike O'Brien; David Rabbitt; Teresa Barrett
No: None
Abstain: None
Vol. 43, Page 146 October 1, 2007
Absent: None
ADJOURN
The meeting was adjourned at 10:00 p.m. At the request of Council Member O'Brien and
Mayor Torlilaft, the meeting was adjourned in memory of Joseph Domenic Dentoni, Jr.
"Woody" Woods, and John "Jack" Healy.
/S/
Pamela Torliatt, Mayor
ATTEST:
/S/
Claire Cooper, CMC, City Clerk