HomeMy WebLinkAboutCity Council Minutes 11/19/20071
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November 19, 2007
Vol. 43, Page 195
a��LU City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
I85$
City Council/PCDC Minutes
Monday, November 19, 2007
Regular Meeting
NOVEMBER 19, 2007
AFTERNOON SESSION
* . s ,logiii[o]ZM3[1Ii>aw
A. Roll Call
Present: Teresa Barrett, Samantha Freitas, Mike Harris, Karen Nau,
Mike O'Brien, David Rabbitt, Pamela Torliatt
Absent: None
Pledge of Allegiance
Curt Bates, Civil Engineer, Public Works Department
C. Moment of Silence
PUBLIC COMMENT
John Hanania, Petaluma, said there were a lot of people very angry in the City about the
Code Enforcement Neighborhood Outreach Program. He thought the approach taken
was not a good one.
Janice Cader-Thompson, Petaluma, spoke regarding tonight's agenda item on Rainier,
and asked that it be pulled as the public was not notified. She told Council that Caltrans
and SCTA do not want this project because it will impede the widening of 101. She
asked, "When are we going to stop the dog and pony show?"
COUNCIL COMMENT
Mayor Torliatt
AGENDA CHANGES AND DELETIONS
Mayor Torliatt
City Manager Bierman announced that Item 5A would be a presentation only; Item 5B
was removed.
Mayor Torliatt
Vol. 43, Page 196 November 19, 2007
City Attorney Danly
Mayor Torliatt
Council Member Rabbitt
Council Member O'Brien
Council Member Harris
Vice Mayor Nau
Mayor Torliatt
CITY MANAGER COMMENT
None.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Special City Council/Planning
Commission/SPARC/Historic-Cultural Preservation Committee Study
Session of Monday, October 29, 2007.
Mayor Torliatt and Council Members Freitas and O'Brien stated that they
would abstain from voting, as they were not present at the meeting.
Motion: Approve A. Minutes of Special City Council/Planning
Commission/SPARC/Historic-Cultural Preservation Committee Study
Session of Monday, October 29, 2007, as presented.
Moved by Teresa Barrett, seconded by Karen Nau.
Vote: Motion carried 4-0.
Yes: Teresa Barrett; Mike Harris; Karen Nau; David Rabbitt
No: None
Abstain: Samantha Freitas; Mike O'Brien; Pamela Torliatt
Absent: None
B. Approval of Minutes of Regular City Council/PCDC Meeting of Monday,
November 5, 2007.
Council Member Harris stated that he would abstain from voting, as he
was not present at the meeting.
Motion: Approve B. Minutes of Regular City Council/PCDC Meeting of
Monday, November 5, 2007, as presented.
Moved by Teresa Barrett, seconded by Samantha Freitas.
Vote: Motion carried 6-0.
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November 19, 2007
Vol. 43, Page 197
Yes:
Teresa Barrett; Samantha Freitas; Karen Nau;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No:
None
Abstain:
Mike Harris
Absent:
None
APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, December 3, 2007.
Mayor Torliatt asked to add to the December 3, 2007 Council Meeting
Consent Calendar an item regarding the Marin -Sonoma Narrows Project
Draft EIR and Council concerns about the soundwalls associated with the
project.
Motion: Approve A. Approval of Proposed Agenda for Regular City
Council/PCDC Meeting of Monday, December 3, 2007, with the addition
of discussion of the Marin -Sonoma Narrows Project Draft EIR and Council
concerns about the soundwalls associated with the project.
Moved by Teresa Barrett, seconded by Karen Nau.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
CONSENT CALENDAR
A. Adoption (Second Reading) of Ordinance 2291 N.C.S. Adopting the 2007
California Fire Code (Title 24, Part 9, California Code of Regulations) and
Amendments Thereto Based on Local Climatic, Geological and
Topographic Conditions, Prescribing Regulations Governing Conditions
Hazardous to Life and Property from Fire or Explosion, Providing for the
Issuance of Permits for Hazardous Uses or Operations. (Ginn/Kendall)
B. Adoption (Second Reading) of Ordinance 2292 N.C.S. Adopting the 2007
Edition of the California Building Standards Code, California Code of
Regulations Title 24 parts 1, 2, 3, 4, 5, 6, 8, 10 & 12 and Amendments
Thereto Based on Local Climatic, Geological and Topographic
Conditions. (Moore/Kendall)
C. Adoption (Second Reading) of Ordinance 2293 N.C.S. Amending Zoning
Ordinance Sections Relating to Card Room Establishments.
(Moore/Kishineff)
D. Resolution 2007-194 N.C.S. Declaring Equipment and Vehicles Surplus to
the City's Needs and Directing the City Manager to Dispose of the
Vol. 43, Page 198 November 19, 2007
Equipment and Vehicles in Accordance with Provisions of the Petaluma
Municipal Code. (Carmichael)
E. Resolution 2007-195 N.C.S. Authorizing the Purchase of Two (2) 2008 Ford
4X2 Hybrids from Henry Curtis Ford, 1 120 Auto Center Drive, Petaluma, CA,
in the Amount of $56,065.52, for Public Works Inspectors.
(Marengo/Hornick)
Resolution 2007-196 N.C.S. Approving the Final Map for the Redwood
Gateway Retail Center. (Marengo/Bates)
G. Resolution 2007-197 N.C.S. Ratifying Memorandum of Understanding
Executed by the Duly Authorized Representatives of the City and the
American Federation of State, County, and Municipal Employees, Local
675, for Employees of Unit 1 (Confidential), Unit 2 (Maintenance), and Unit
3 (Clerical/Technical). (Carmichael/Robbins)
Motion: Approve Consent Calendar Items 3A, 3B, 3C, 3D, 3E, 3F, and 3G.
Moved by Mike O'Brien, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
4. UNFINISHED BUSINESS
A. Resolution 2007-198 N.C.S. Authorizing Transfer of Funds from Various Street
Reconstruction Project C500206, and the East Washington -Caulfield
Soundwall Project C500900, to the McDowell -Bodega Street Rehabilitation
Project C500106, and Approving the New Project Budget.
(Marengo/Zimmer)
Larry Zimmer, Capital Improvements Division Manager, Public Works
Department
Mayor Torliatt
Council Member O'Brien
Mr. Zimmer
Council Member O'Brien
Mr. Zimmer
Mayor Torliatt
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113
November 19, 2007
Vol. 43, Page 199
Motion: Approve Resolution 2007-198 N.C.S. Authorizing Transfer of Funds
from Various Street Reconstruction Project C500206, and the East
Washington -Caulfield Soundwall Project C500900, to the McDowell -
Bodega Street Rehabilitation Project C500106, and Approving the
New Project Budget.
Moved by Teresa Barrett, seconded by Karen Nau.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Presentation, Discussion and Possible Action Regarding Plan for Operation
and Maintenance of the Ellis Creek Water Recycling Facility. (Ban/Orr)
Water Resources and Conservation Director Mike Ban
Council Member Harris
Director Ban
Jim Taylor, Associate, Camp, Dresser, and McKee,
Public Comment
David Yearsley, Petaluma, reminded Council that he advocated for this
plant and the public access element. He feels very strongly that City staff
would be the preferred operator for the plant. He commended current
staff in in the Water Resources and Conservation Department for being so
forthcoming in response to public inquiries.
Mayor Torliatt
Vice Mayor Nau
Director Ban
Vice Mayor Nau
Director Ban
Motion: Approve City operation and maintenance of the Ellis Creek
Wastewater Treatment Facility.
Moved by Mike Harris, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
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Vol. 43, Page 200
November 19, 2007
Yes:
Teresa Barrett; Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
5. NEW BUSINESS
A. Reselution Ai itherizing the Gity Mrvr Gger to ( egotirte GRd Sig,' !v
Discussion Regarding Authorization of a Contract with Eden Systems (a
Division of Tyler Technologies) to Install a New Comprehensive Financial
System to Replace Pentamation Software. (Carmichael)
Mayor Torliatt
Director of Administrative Services Steven Carmichael
Dan Epperson, Fire Battalion Chief, EMS Manager
Police Captain Dave Sears
Director of Water Resources and Conservation Mike Ban
Mayor Torliatt
Director Ban
Mayor Torliatt
Director Ban
Director of Public Works Marengo
Director Carmichael
Mayor Torliatt
Director Carmichael
Council Member Freitas
Director Carmichael
Council Member Freitas
Director Carmichael
Council Member Harris
Director Carmichael
Council Member Harris
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November 19, 2007
City Manager Bierman
Council Member Barrett
Director Carmichael
Council Member Barrett
Council Member Rabbitt
Director Carmichael
Council Member O'Brien
Director Carmichael
Council Member O'Brien
Director Carmichael
Mayor Torliatt
Director Carmichael
City Manager Bierman
Mayor Torliatt
Director Carmichael
Mayor Torliatt
Director Carmichael
Mayor Torliatt
Council Member O'Brien
Director Carmichael
Vice Mayor Nau
Vol. 43, Page 201
City Manager Bierman
Mayor Torliatt confirmed that there was Council consensus for this item to
return at the December 3, 2007 Council Meeting for authorization of a
contract with Eden Systems.
Vice Mayor Nau
Vol. 43, Page 202 November 19, 2007
B. PFeSeRtGtieR, DiSGUSSieR and Resolution Accepting the Short Range Trans!
Plan. (MGFeRge/SiFGgUSG4 - This item was moved to the December 17, 2007
Council Meeting.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
ADJOURN TO CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code §54957.6. Agency
Designated Representative: Michael Bierman. Unrepresented Employees Units 4
(Professionals); 8 (Department Directors) and 9 (Mid -Management)
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT: Pursuant to California Government Code
§54957. Title: City Manager.
NOVEMBER 19, 2007
EVENING SESSION
CALL TO ORDER - EVENING SESSION - 7:00 P.M.
Present: Teresa Barrett, Samantha Freitas, Mike Harris, Karen Nau,
Mike O'Brien, David Rabbitt, Pamela Torliatt
Absent: None
Pledge of Allegiance
Vince Marengo, Public Works Department
C. Moment of Silence
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
PUBLIC COMMENT
John Hanania, Petaluma, spoke regarding the need for consistency in the way the City
does business.
Linda Scott, Petaluma, spoke regarding freeway soundwalls. She said there
are "confusing projects going on." Trees are coming down; but no soundwalls are going
up. She told the Council that if the trees are removed, they must be replaced by
soundwalls. Eight cars and one bus have crashed into backyards in that area. She
submitted six pages of signatures from neighbors. She added that no one is receiving
notice of meetings.
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November 19, 2007 Vol. 43, Page 203
Sandy von Raesfeld, Petaluma, spoke regarding safety issues on Water Street between
Western and Washington. Building owners and merchants have noticed a group of 15
teens and adults loitering in the area who are vandalizing. She would like a meeting with
someone in the City.
Graziano Perozzi, Owner, Graziano's Ristorante, Petaluma, spoke regarding traffic from
Water Street going onto Petaluma Boulevard. He is afraid somebody will get hurt. He also
has the same concerns as Ms. von Raesfeld. He would also like to meet with someone in
the City.
Fabio Flagiello, Owner, Risibisi Restaurant, Petaluma, spoke of problems with teens in the
area of his restaurant. His patrons are afraid to walk outside at night.
Marie McCusker, Executive Director, Petaluma Downtown Association, Petaluma, spoke
regarding the issues being faced by merchants and others in the Water Street area, and
called the results of nighttime activities "horrific." She said that more lighting would really
help. The PDA is working hard to get cameras installed. She said she knows the police
can't be there all the time and thought maybe private security guards should be hired.
She also mentioned that it is difficult for drivers turning onto the Boulevard from Water
Street to see pedestrians. She told Council support was needed to keep the downtown
vibrant and alive.
Tom Denekamp, Joe Hamer Beyond Hair, Petaluma, has clients coming from many
places. They complain that their shoes are ruined on the cobblestones. They are afraid to
walk to their cars on Water Street.
Patrick Glenn, Petaluma, spoke regarding the recent oil spill in San Francisco Bay.
Mary Glardon, Petaluma, requested that Item 6B be removed from tonight's agenda
because notice to neighboring property owners and other interested parties was not
mailed.
Melissa Abercrombie, Petaluma, asked several meetings ago if there would be
community input into the hiring of a new City Manager and has not seen that
agendized. She also thinks Council should agendize a Community Impact Report
Workshop.
CITY MANAGER COMMENT
City Manager Bierman
COUNCIL COMMENT
Mayor Torliatt
Council Member Freitas
City Attorney Danly
Council Member Freitas
Council Member Harris
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Vol. 43, Page 204
Council Member Barrett
Vice Mayor Nau
Council Member Rabbitt
November 19, 2007
Council Member O'Brien
Mayor Torliatt confirmed that there was Council consensus to move Item 6B to the
December 3, 2007 7:00 p.m. meeting.
6. UNFINISHED BUSINESS
A. Discussion Regarding Establishing Threshold of Significance for Use in
Evaluating Environmental Impacts on the City Water Supply Prior to
Adoption of the General Plan 2025. (Ban)
Water Resources and Conservation Director Mike Ban
Mayor Torliatt
Director Ban
Mayor Torliatt
Director Ban
Council Member Barrett
Director Ban
Council Member Barrett
Director Ban
Council Member Barrett
City Attorney Danly
Mayor Torliatt
City Attorney Danly
Council Member Barrett
Mayor Torliatt
City Attorney Danly
Mayor Torliatt
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November 19, 2007 Vol. 43, Page 205
City Manager Bierman
City Attorney Danly
Mayor Torliatt
Public Comment
David Trachtenburg, Trachtenburg Architects, Berkeley, spoke regarding
the project proposed at 200 Kentucky.
Isaiah Stackhouse, Trachtenburg Architects, Berkeley, said that at the
November 5 Council Meeting, City Attorney Danly said that projects with
existing entitlements are not bound by CEQA and can move forward.
Richard Dowd, Vice President, Pinnacle Homes, Santa Rosa, said that from
what had been presented at the November 5 Council Meeting and
tonight, he concluded that if a proposed project conforms to 1987
General Plan, would not require in excess of I % of the remaining water
capacity, which would be the equivalent of a residential subdivision of 15
units, and is exempt from the residential growth management program
ordinance, then the proposed project would be considered to be below
the threshold of significance. In comparison, he thought the staff report
was misleading.
Dave Libchitz, Petaluma, spoke about the "difference between significant
and non-significant use of water in Petaluma" and said that "a// water use
is significant." He expressed concern that Council is using inaccurate
numbers. He asked about water use vacant or under -occupied
commercial buildings around town.
David Keller, Petaluma, called the water supply and demand analysis a
"bright light" because it focuses on the need for "real water" instead of
"water on paper." He thought the City could expect 15% water
conservation demands from the State every summer. He told Council, "Be
careful of what you promise and what you condition approval of projects
on."
John Hanania, Petaluma, thanked Mayor Torliatt and Council Member
Barrett for their insightful questions. He told Council they should be very
careful in their decisions.
Mayor Torliatt
Director Ban
Mayor Torliatt
Director Ban
Mayor Torliatt
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Vol. 43, Page 206
Q
November 19, 2007
City Manager Bierman
Mayor Torliatt
City Manager Bierman
Mayor Torliatt
City Manager Bierman
Council Member Harris
Council Member O'Brien
Director Ban
Council Member O'Brien
Council Member Barrett
Council Member Rabbitt
City Attorney Danly
Mayor Torliatt
City Manager Bierman
Council Member Rabbitt
Council Member O'Brien
Council Member Harris
Council Member Freitas
Vice Mayor Nau
Mayor Torliatt
City Manager Bierman
Mayor Torliatt confirmed that a majority of Council approved directing
staff to return at the December 3, 2007 Council Meeting with a Resolution
Establishing Threshold of Significance for Use in Evaluating Environmental
Impacts on the City Water Supply Prior to Adoption of the General Plan
2025.
City Manager Bierman
Design Exception with Caltra Ms for the Rammer Interchange GRd teof
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November 19, 2007
Vol. 43, Page 207
Endorse Braided Ramps or Collector/DiStFibutors as an Alternative.
(MGFeRgG/LGGkie) - This item was moved to the December 3, 2007
meeting.
ADJOURN
The meeting was adjourned at 9:11 p.m.
ATTEST:
/S/
Claire Cooper, CMC, City Clerk
/S/
Pamela Torliatt, Mayor