HomeMy WebLinkAboutMinutes 11/15/2004November 15, 2004 Vol. 40, Page 317
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" City of Petaluma, Caclifornia
�85$ MEETING OF THE PETALUMA CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday November 15, 2004 - 3:00 P.M:
Regular Meeting
CALL -TO ORDER
A. Roll Call
Present: Members Glass, Healy, Moynihan, O'Brien, Torliatt
Absent: Members Harris and Thompson
Pledge of Allegiance - Council Member Torliatt
PUBLIC COMMENT
Geoff Cartwright, Petaluma, spoke regarding the Zero Net Fill (ZNF) ordinance and the
Kohl's site. He stated that one of the conditions of approval required the developer to
comply with ZNF regulations. He said he still had no answer to his question - "how much
went out, how much came in." He stated staff did not know the answer. He wanted
something in the ordinance to enforce.
COUNCIL COMMENT
Council Member Torliatt:
® Thanked members of community who voted on November 2nd and expressed her
appreciation for their response and for all of the help given during her campaign.
® Attended the Veterans Day parade and said if was a great event.
Noted that the City Manager. had replied to the protest application filed by the
Transportation Solutions Defense and' Education Fund (TSDEF) regarding the crossing
at Caulfield Lane in response to the California Public Utility Commission (PUC). She
said a couple of statements alleged that a. rail. line may not be particularly viable.
She wanted the Council to be aware of this and felt that any representations to the
PUC must note the fact that the City supports the Petaluma Central Specific Plan and
its implementation in order to have a rail line in place to establish transit -oriented
development. If this needs to come back, she would like a resolution to reaffirm the
City's support for commuter rail service.
Attended the 87th annual Farm Bureau Awards Dinner, where some Petaluma area
participants received awards. She reported .that Jim Carlson, Larry Johnson, Arnold
Riebli, Al Nissen, and Dick Weber of Sunrise Egg Farm received the Agriculturist of the
Year Award. She said that 95% of the eggs_ consumed in the Bay Area are produced
Vol. 40, Page 318
November 15, 2004
1 at their farms. She also'mentioned that Gene Benedetti of Clover Stornetta Farms was
2 inducted into the Hall of Fame.
3
4 • Referred to the appropriateness of scheduling the second scoping session for the DSL
5 site on November 22 - week of Thanksgiving - and asked for a third scoping session if
6 not already planned.
7
8 Council Member Healy:
9
1'0 Congratulated the winners in last week's election. He thanked the candidates. who
11- ran to, give the community a choice. He stated that win or lose, being a candidate
12 provides candidates with an opportunity to really get to know their Community.,.
13
14 • Felt -that TSD.EF was being unhelpful and their opposition to the at -grade crossing was
15 very detrimental to the implementation of the Central Specific Plan. He -stated he
16 would testify- at the proceeding in January and felt that this didn't need to come
17 back.
i8
19 Vice Mayor Moynihan-.
20
21 • Attended the ribbon cutting for the new Library Community Room.
22
,23 • Expressed concern about the impact of 'nine grade -level crossings on local
.24 circulation and felt.that SMART would'have to -evaluate this fully. He felt that until this
25 evaluation was done, commuter rail could. potentially t hurt existing circulation. He
26 suggested that at the Council's goal setting in January they should address
27 implementation and a financing plan to implement the CPSP.
28
29 Suggested an update in December in the form of a "S.tate of the Streets Address" to
30 explain what has been. done and what plan is needed.to maintain the streets.
31
32 Council Member'O'Brien:
33
34 Thanked all the voters who participated in the election and those who chose to
35 return him for another four years and those,who helped him in his campaign.
36
37 • Mentioned the Rainier Advisory Measure,which passed by 72% and asked staff to
38 come back with. the next step.
39
40 • Asked that the meeting be adjourned in memory of Velma Azevedo, who passed
41 away last week.
42
43 Mayor Glass:
44
45 Agreed about the mandate for traffic relief and wanted to be sure this is oriented in
46 an environmentally friendly manner.
47
48 • Would support a "responsible Rainier alternative" with an at=grade crossing and the
49 superior under -the -freeway design crossing when the freeway is widened. He said he
50 also, strongly supported rail and mentioned that MTC had said they would prioritize
51 communities that adopt SMART transportation.
52
November 15, 2004
Vol. 40, Page,319
1 Mentioned the "State of Streets," saying the streets have improved greatly. He
2 referred to the 32 drive -by shootings in Santa Rosa this calendar year and how this
3 shows that the City's number one priority has to be safety.
4
5 Would support a third scoping session for the DSL site.
6
7 CITY MANAGER COMMENT
8
9 City Manager Bierman reported that last Friday he met with some of the Wilson Street
10 residents who had endured Clover Stornetta's trucks going past their homes during the
11 Army Corps project. He said, North Bay was scheduled -to begin paving Lakeville this
12 week to alleviate the problem and noted progress on other paving projects.
13
14 AGENDA CHANGES AND DELETIONS (Changes to current agenda only).
15
16 Mayor Glass clarified that the Wiley's property appeal and the River Oaks Factory Outlet
17 item would be removed from today's agenda because both applicants requested their
18 items to be moved - Items 6A and 6B moved to the evening of December 6, 2004.
19
20 MOTION to move the November 15 evening items to the December 6, 2004 agenda.
21 M/.S: Healy/O'Brien
22 CARRIED UNANIMOUSLY (Harris, Thompson absent)
23
24 APPROVAL OF MINUTES
25
26 1. APPROVAL OF'MINUTES
27
28 A. PCDC/City Council Minutes of October 18, 2004. Mayor Glass requested,
29 for clarity, on page 17, last sentence the addition of "without objection
30 from any Council Member. ' Council Member Torliatt, page 9, line 19 to
31 read: "would become open to public comment on the entire project as
32 well." Page 18, line 36 to read: "compliance" not conformance.
33
34 MOTION to adopt minutes of October 18, 2004 as amended.
35 M/S: Torliatt/Healy
36 CARRIED UNANIMOUSLY (Harris, Thompson absent)
37
38 B. PCDC/City Council Minutes of November 1, 2004. MOTION to adopt
39 minutes of.November 1, 2004 as presented.
40 M/S: Torliatt /Healy
41 CARRIED UNANIMOUSLY (Harris, Thompson absent)
42
4-3 2. ' APPROVAL OF PROPOSED AGENDA
44
45 A. Approval of Proposed Agenda for Council's Regular Meeting of
46 December 6,'2004.
47
48 MOTION to approve agenda with the addition of duplicate items
49 removed from this meeting's agenda and a date correction to 2005.
50 M/S: Healy/Moynihan
51 CARRIED UNANIMOUSLY (Harris, Thompson absent)
52
Vol. 40, Page 320 November 15, 2004
3. CONSENT CALENDAR
Vice Mayor Moynihan asked to have items A, F, G, and H:removed for discussion.
Council Member O'Brien asked to have item D removed for discussion.
MOTION to adopt balance of Consent Calendar items (Items B, C, and E;
Resolutions 2004=208 WC:S.. 2004-209' N.C.S., and Ordinance '2T96 WC.S.).
M/S: Healy/Glass.
CARRIED UNANIMOUSLY (Harris and Thompson absent) .
A. Resolution Accepting Completion of the 2003-2004 Pavement
Maintenance Project C500500 (formerly 9.732-9). (Skladzien/ Castaldo) This
item was removed for discussion.
Resolution 2004-208 N.C.S. Adopting. Updated Records Retention and
Destruction Schedule for Citywide Documents. (Petersen)
C. Resolution 2004=209 N.C.S. Setting Guidelines for Attendance for Members
of the. Animal Services Advisory Committee. (Petersen)
D. Resolution Approving And Authorizing Execution of Professional Services
Agreement with the Redwood Empire Insurance Fund (R.E.M.I.F-.) for'the
Workers Compensation Claims Administration Services.
(Nefter/Blanquie/Robbins) This item was removed for discussion,
E. Adoption (Second Reading) of Ordinance 21.96 N.C.S. to Accept Donation
of a Parcel of 1.04 Acres of Real Property from Marina Office Park'
Associates and Authorizing ,the City `Manager to Execute a Certificate of
Acceptance .Once Certain Conditions Are Met. (Bierman)
Resolution Amending Resolution No., 2002-186A Compensation Plan for
Employees in Unit 4 (Professional). (Bierman) This item was .removed for
discussion.
G. Resolution Amending Resolution No.. 2002-199 Compensation Plan 'for
Employees in Unit 8 (Department Heads). (Bierman) This item was removed
for discussion.
H. Resolution Amending Resolution No. 2002-186B Compensation Plan for
Employees in Unit 9 (Mid -Management). (Bierrri'an) ;This item was removed
for discussion.
ITEMS REMOVED FOR DISCUSSION
A. 'Resolution 2004-210 N.C.S. Accepting Completion of the 2003-2004
Pavement Maintenance Project C500500 (formerly 9732-9). (Skladzien/
Castaldo)
Vice Mayor Moynihan stated he supported this but expressed his concern
about capital improvement numbers not matching up with the projects.
He mentioned the time constraints led to the trailhead project's addition
November 15, 2004 Vol. 40, Page 321
1 without a bid. He said he would like this to be the exception, not the rule.
2 He said in the future, a situation such as this should be brought to Council
3 separately to make it clear where the funding comes from. He thanked
4 staff for making the corrections.
5
6 MOTION to adopt Resolution 2004-210 N.C.S.
7 M/S: Torliatt/Moynihan
8 CARRIED UNANIMOUSLY (Harris and Thompson absent)
9
10 D. Resolution Approving and Authorizing Execution of Professional Services
11 Agreement with the Redwood Empire Insurance Fund (R.E.M.I.F.) for the
12 Workers Compensation Claims Administration Services.
13 (Netter/Blanquie/Robbins)
14
15 Council Member O'Brien wanted clarification of the guarantee of 90
16 claims a year; he asked what the current number of claims per year was.
17
18 City Manager Bierman explained that Risk Manager Blanquie had that
19 information and was not available.
20
21 Finance Director Netter clarified that REMIF had a minimum requirement of
22 90 claims and the City had not reached this in the last several years; he
23 said last year the number was about 70. He said the City is charged for
24 the minimum.
25
26 Council Member O'Brien asked about the other company's minimum of
27 55 claims a year and thus, the City is paying for claims it won't present. He
28 asked about the other company's offer.
29
30 Finance. Director Netter clarified further that REMIF charged for a claim
31 one time only and the other company charges administrative fees every
32 year that a claim is on the books. He said Risk Manager Blanquie did an
33 extrapolation to compare this as an "apples to apples" comparison.
34
35 Council Member O'Brien said he would like to see a complete breakdown
36 and requested to bring this item back on December 6tn.
37
38 Mayor Glass supported continuing this to December 6, 2004.
39
40 F. Resolution 2004-211 N.C.S. Amending Resolution .No. 2002-186A
41 Compensation Plan for Employees in Unit 4 (Professional). No.
42
43 G. Resolution 2004-212 N.C.S. Amending Resolution No. 2002-199
44 Compensation Plan 'for Employees in Unit 8 (Department Heads).
45 (Bierman)
46
47 H. Resolution 2004-213 N.C.S. Amending Resolution No. 2002-186B
48 Compensation Plan for Employees in Unit 9 (Mid -Management). (Bierman)
49
50 Vice Mayor Moynihan addressed 3.F, 3.G, and 3.H, stating this continued
51 the mid -year pay increases with close to $1 million in total increases. He
Vol. 40, Page 322
November 15, 2004
1 stated that the Council, _had an obligation to let the community -to know
2 what services and positions needed to be cut to make up for this.
3
4 Council Member Healy responded that it was -known that the City's
5 property tax revenues were up TO%, which is considerably higher this year.
6 He also said that a program through the California League of Cities would
7 allow ,the City to cash in on the VLF'. promise by the- State to provide
8 funding.
9
10 Council Member Torliatt added that, some sales tax, especially from the
11 auto mall, were doing much better than projecfied and also the increase
12 'in retail revenue. She also pointed out that Unit 8 (bepartment' Heads)
13 were not, getting a salary increase other.- than the equivalent increased
14 health care costs.
15
16 Mayor Glass supported the item and explained this increase amounted to
17 - $141,000. He said it also costs a lot of money to have disruptions in !staff,
18 and to lose qualified employees. He said these expenditures were, not
19' justified based only on the increase in revenue. He said they were justified
20 because that's what it costs to hire, train, and retain qualified employees.
21
22 MOTION to adopt Resolutions 2004-211' N.C.S.. 2004-212 N.C.S. .and 2004-
23 213 N.C.S.
24
25 M/S: O' Brien/Healy
26 CARRIED BY A 4-1-2 VOTE AS FOLLOWS:
27
28 AYES: Mayor Glass, Healy, O'Brien, Torliatt
29 NOES: Vice Mayor Moynihan
30 ABSENT: Harris, Thompson
31
32 4. UNFINISHED BUSINESS - CITY COUNCIL AND PCDC
33,
34 A. Discussion and Possible Action Regarding Appropriation for Living Wage
35 Analysis. (Bierman) Bierman - This item needed `a motion to use Council
36 Members Healy, Torliatt and Mayor Glass's travel money to fund a living
37 wage fiscal analysis.
38
39 City Manager Bierman gave a background for this item regarding past
40 discussion to agree to fund one-half of a' study for a'living wage analysis.
41 At that time, three Council Members agreed to use a portion of their
42 travel budgets to pay for this and the City Manager would fake care of
43 this. He requested a motion be made to use $700 from Council Member
44 Healy, Torliatt and Mayor Glass's accounts.
45
46 Vice Mayor Moynihan stated this appropriation would require a draft
47 ordinance. He said that the original resolution was denied on a 3/3 vote.
48 He stated he -did not think it was appropriate to fund this study with
49 personal funds without Council's approval. He wanted City Attorney
50 Rudnansky to explain the proper way to .appropriate funds for this study.
51 He stated that the vote taken denied the funding of the study and it must
52 'be honored.
November 15, 2004 Vol. 40, Page 323
2 City Attorney Rudnansky explained that according to the Charter, once
3 the money has been appropriated for a certain use, in order to use it for
4 something else there must be an amendment to the appropriation
5 ordinance and it must pass with four affirmative votes.
6
7 Council Member Torliatt gave direction to bring this back. She stated she
8 did not say it washer personal funds and she thought Council Member
9 Moynihan would be happy that funds had been identified and could be
10 used for this purpose. She mentioned the tremendous amount of
11 testimony offered and felt this study would allow the Council to have a
12 cohesive and informed discussion about establishing a Living Wage
13 Ordinance.
14
15 Council Member O'Brien stated he was going to vote in favor but in light
16 of City Attorney Rudnansky's statement, he wanted to bring the
17 ordinance back on December 6th . He said he would support this study at
18 that time.
19
20 Direction was given to bring the item back on December 6th.
21
22 PUBLIC COMMENT
23
24 Marty Bennett, Co -Chair of the Living Wage Coalition stated that
25 ordinances have been, passed in the cities of Sebastopol and Sonoma. He
26 said the ordinance, for Petaluma would be very similar and he suggested
27 using the City of Sonoma as the baseline for conducting the study to
28 examine the fiscal feasibility, and analysis.
29
30 B. C P!c, .f
31
32 ,
34 FURG18d bY Q8R#;J1 R, ., . Removed
35 and continued to December 6, 2004 meeting.
36
37 5. NEW BUSINESS
38
39 A. Resolution 2004-214 N.C.S. Approving the Annual Report of the Downtown
40 Petaluma. Business Improvement District and Declaring Intention to Levy
41 an Annual Assessment for Fiscal' Year,2005. (Marangella)
42 '•
43 C.ouncil' Member Healy announced that he would abstain, as his office is
44 located within the district boundaries; he left the dais.
45
46 Director of Economic Development and Redevelopment Paul Marangella
47 explained the purpose of this item was to call for a Public .Hearing on
48 December 6, 2004 to levy the assessment: He said this year, $40,000 had
49 been collected due to the improvement in the process. He
50 acknowledged .the. Finance Department and PDA for their assistance.
51
Vol. 40, Page 324
November 15, 2004
Mayor Glass asked if the Council accepted this hearing, was the City
committed to the, percentages for this budget or if there was flexibility.; He
stated he felt that.some of this money should go toward maintenance of
the Keller Street Garage.
Director Marangella stated no. He said -the Council would be ,adopting
and accepting the funding allocation for the 2005 ;BID. He said this
funding is what the downtown merchants would expect the hearing to
address. Hementioned the. Keller Street Garage, stating the PDA is
Working to secure signatures for a new assessment to provide
maintenance. and security for the garage.
Mayor'Glass asked about the administration costs and if there was a way
to maintain the BID without the PDA to keep more of the money byrolling
this cost into the Chamber of Commerce or Visitors Bureau.
Director Marangella referred to the staff report summary explaining the
uses of the funds came from the City ordinance: He said PDA had made
substantial improvements this year to clean up questions -regarding billing
and payment.
Vice, Mayor Moynihan expressed, his concern about the parking garage's
problems. He said when it was originally constructed, the property owners
who. paid into assessment were told that the City would take responsibility
of maintenance, and he assumed security, of the structure. He was
concerned that- citizens were being asked to assume this responsibility
and they should not have to pay. fog- maintenance and security of a
public improvement. He wanted to figure out how the City's operations
could adjust to fake care of this dilemma.
Council Member O'Brien stated hewould not support this. He said during
the: last discussion of the BID, they -were to come back}with a business plan
explaining how they were going to improvo things, without this plan, he
couldn't vote for it.
Council Member Torliatt wanted additional information as well. She asked
about the $40,000. that had been collected and what it has been spent
on. She also wanted an update regarding what lengths the PDA has gone
to for collections. She also wanted more information on the November 1st
delinquent notices ,mailing. She said if this moves forward, on December
6'h, she wanted a copy of the 2005=2Q06 budget ;included with the
business licenses to provide businesses information. She said .she wasn't
sure what the $40;000 was spent on since ,"$72,000 in .collections was
expected.'She was concerned that just a.little'over the majority had paid
and she wouldn'-t'favor- this with just a small percentage supporting.
Mayor Glass said he would support this today., but *his support was very
weak. He explained his mindset regarding revisiting the Keller Street
Garage since he had, heard the past promise; to "never pay again" but
said things. have a way of decaying. He said the P`DA promised they
would find a way to fund maintenance, of the garage_ if the City updated
and improved it. He stated, if necessary, he would provide the minutes of
November 15, 2004 Vol. 40, Page 325
1 meeting and embarrass everyone. He said he would support this today so
2 it can go forward.
3
4 PUBLIC COMMENT
5
6 JoAnn Pozzi, Petaluma Downtown Association, acknowledged the
7 wonderful cooperation from City staff. With the Finance Department's
8 assistance, she said they were as close as they had ever been to having
9 an accurate database. She stated they could respond to questions and
10 provide the information necessary to convince businesses to pay their fair
11 share. She clarified that the assessment district covers from the bowling
12 alley to Lakeville, both sides of the Boulevard, and up to Howard Street.
13 She said this area covers a much greater area than just those who would
14 directly benefit from the Keller Street Garage. She explained the bills went
15 out September 7th because the bills for calendar year 2004 went out very
16 late. She said currently they had collected $29,000 of the $40,000. She said
17 they would start making follow-up calls because the due date for the
18 second billing had passed. She stated the PDA wanted the revenue to
19 come to the BID and not to a collection agency. She said one of their
20 goals was to establish accuracy and to have an interface with the
21 business license billing so they get only one bill. She stated .they could be
22 working on creating a formalized business plan for Council but explained
23 it was very difficult without knowing what the total revenue would be. She
24 explained changes that .had been made to security and pre -holiday
25 sidewalk cleaning by the PDA.
26
27 Councilmember Torliatt stated she knew of and `appreciated all the hours
28 Joann and Jim Balshaw had spent on this project. She also thanked
29 Finance Director Joe Netter who had definitely improved the process. She
30 asked for additional information before the next meeting that would
31 illustrate what expenditures from the $40,000.00 had taken place. She also
32 wanted the business plan to state what steps would take place if the
33 whole $72,0000 was not collected. She said she was very supportive of the
34 sidewalk,cleaning.
35
36 MOTION to adopt Resolution 2004-21A N.C.S.
37 M/S: Torliatt/Glass
38 CARRIED BY A 3-1-1-2 VOTE AS FOLLOWS:
39
40 AYES: Mayor Glass, Vice Mayor Moynihan, Torliatt
41 NOES: O'Brien
42 ABSENT: Harris, Thompson
43 ABSTAIN: Healy
44
45 Council Member Healy retuned to the dais.
46
47 B. Resolution 2004-215 N.C.S. Approving Agreement with Sonoma County
48 Waste Management Agency for- use of Household Hazardous Waste
49 Disposal Facility. (Bierman/Beatty)
50
51 Gene Beatty, Interim Assistant City Manager, explained the City needed
52 to continue with some kind of household hazardous waste program no
Vol. 40, Page 326
November 15;,2004
matter what the outcome of the garbage franchise contract would be.
He said the draft agreement would provide an interim solution ''to allow
Petaluma residents to participate in the County's household hazardous
waste program during the next year. He said this agreement replaces the
annual household hazardous waste cities had used in the past. He said
with a ;hew.Joint Powers Agreement, a centralized household :hazardous
waste disposal facility at the Central Landfill would open in January. He
said since Petaluma is not disposing waste at the landfill, Petaluma's share
of the funding for this program was not being provided. He said this
agreement would allow Petaluma to take advantage of this new
program at a cost of $140,000.
Council Member O'Brien: asked about a refund from the JPA-for hauling
and hazardous waste handling that the City paid for but did not receive
since May 2004 when the City ceased hauling to the landfill.
City Manager Bierman explained this would have to be negotiated with
the JPA. He stated there were some money concerns and this would have
to be determined.
Ken Wells, Director, Sonoma County Waste. Management Agency, said'the
City had been subsidized since April by other cities and Petaluma actually
owes themmoney but he is not asking for this at this time.
Vice Mayor Moynihan asked if this would put the City in good stead with
the JPA.
City Manager Bierman tsaid yes, and it was okay doing this part -by -part.
Council ,Member. Healy asked if there was a state mandate that the City
have a hazardous waste program. He was told yes. He also asked for a
short list. of what falls within a hazardous waste program.
Director Wells explained that almost all items labeled with a toxic label are
hazardous waste but did not' include explosives, ammunition, or
radioactive waste. He also added that no electronic waste was included
but there will be free and convenient program for disposing of -these in
January..
Council .Member Torliatt clarified that the resolution approved the
Professional Services Agreement with an Exhibit A.
MOTION to adopt Resolution 2004-215 kC.S.
M/S: Healy/Torliatt
CARRIED UNANIMOUSLY (Thompson/Harris absent)
C. Resolution 2004-21.6 N.C.S. Establishing the 'D' Street Rule. 20B Underground
Utility District in the Vicinity'of 'b' Street from First.Street to Fourth Street
and First Street from 'D' Street to 'F',Street and Adopt a Resolution Setting
the Date and Time of the Public Hearing for the 'D' Street Underground
Utility'bistrict'. (Clark/Mardngella)
November 15, 2004 Vol. 40, Page 327
1 Director of .Economic Development and Redevelopment Paul Marangella
2 explainedthis set the time and date for the Public 'Hearing to establish this
3 district. He said under the Owner Participation Agreement with Basin
4 Street Properties, the City agreed to assist in the undergrounding of the
5 utilities and other public infrastructure. He said using Rule 20B would allow
6 for a fast track with the sharing of the undergrounding utility costs.
7
8 Council Member Torliatt asked if the $7,550,000 for the public infrastructure
9 cost in the owner participation agreement included the $1,675,000.
10
11 Director Marangella stated a good portion was included but additional
12 funds had been appropriated for the CIP, specifically for undergrounding
13 public utilities in the "D" Street corridor. He explained that the $1 million-
14 was included in the $7,550,000. It was clarified that $675,000 was coming
15 -from the $7,550,000 and the million was in addition to the $7,550,000. He
16 said this funding was not only for the Theatre District but included areas
17 near the Post Office that the City agreed to underground.
18
19 Vice Mayor Moynihan asked if account numbers and funding could be
20 broken out and an explanation provided of what the funds.cover.
21
22 MOTION to adopt Resolution 2004-216 N.C.S.
23 M/S: Glass/Healy
24 CARRIED UNANIMOUSLY (Thompson/Harris absent)
25
26 D. Discussion and Introduction of Ordinance 2197 N.C.S. Adding Chapter
27 13.06, Newsrack Regulations, to the Petaluma Municipal Code.
28 (Marangella)
29
30 Director of Economic Development and Redevelopment Paul Marangella
31 thanked the Press Democrat for helping to coordinate with all the
32 newspaper vendors. He said following the Downtown Streetscape Master
33 Plan, the news racks would. be a uniform color and style to eliminate
34 clutter and allow them to blend into the background.
35
36 Press Democrat Representative said he was the voice of all publications,
37 and wanted to state that the color brown was proposed because of a
38 safety liability but would move forward with the black color.
39
40 Director Marangella commented that the vendor in Texas said there was
41 no difference in heat generated by a brown rack or black rack.
42
43 Council Member O'Brien asked who paid for the design for this.
44
45 Director Marangella explained there wasn't a design, it was included in
46 the Streetscape Master. Plah.
47
48 Council Member O'Brien asked who paid for the ten drafts from the City-
49 Attorney's office.
50
51 Director Marangella said the City- paid for this but the administrative costs
52 were unknown.
Vol. 40, Foge.328
November 15, 2004
1
2 Council Member O'Brien .asked about the $3,800 to phase. out the old
3 racks and where was that coming from.
4
5 Director Marangella explained this amount would come from funds
6 appropriated for the Downtown Streetscape program and would, pay for
7 caps on the racks to prevent people from sitting 'or placing coffee cups
8 on -them.
9
10 Council Member O'Brien asked who would enforce this if a company puts
11 in a rack on its, own.
12 ,
13 Director Marangella stated this would be enforced in .the some way any
14 other City ordinance's provisions are enforced..
15
16 Council Member O'Brien stated the City did not have money to enforce
17 abatement.'
18
19 Director Marangella said that in his experience, the newspapers -are
20 happy to accommodate the .City if they know what_ the concerns are, and
21 -he, would be willing to work with the newspapers.
22
23 Council Member Torliatt than the newspaper folks for working -with the
24 City. She also mentioned that a small fee was collected by CDD for:,issuing
25 the permits. -
26
27 MOTION to introduce.Ordinance 2197 N.C.S.
28 M/S: Moynihan/Torliatt
29 CARRIED BY A 4-1-2 VOTE AS FOLLOWS:
30
31 AYES: Mayor Glass, Healy, Vice Mayor Moynihan, Torliatt
32 NOES: O'Brien
33 ABSENT: Harris, Thompson
34
35 I PUBLIC COMMENT
36
37 Victor Chechanover, ' Petaluma, said he was disturbed by a story in the newspaper
38 regarding the use of Lasers by Police Departments and the number of fatalities resulting
39 from this practice. He wondered if claims could be classified by type to let citizens know
40 what litigation costs are going toward. He specifically wanted to know if any were
41 against thePolice Department or any other City Agency for misconduct.
42
43 Vice Mayor Moynihan explained that the lisfing of litigations on the agenda isto monitor
44 them and better control these costs.
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46 Mayor Glass said that the Council is barred from talking about Closed Session items.
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48 City Attorney Rudnansky, answered that the court case number is listed as required by
49 the Brown Act. He stated there was one case against the Police Department.
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51 ADJOURN TO CLOSED SESSION -4:30 p.m.
November 15, 2004 Vol. 40, Page 329
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CONFERENCE WITH LEGAL,COUNSEL-EXISTING LITIGATION (Government Code §54956(a))
1. Allstate vs.,Petaluma (Sonoma County Superior Court Case #MCV 178547)
2. Bramblett vs. Petaluma (Sonoma County Superior Court Case #MCV 174982)
3. (Carter vs. Petaluma (Sonoma County Superior Court Case #227520)
4. Dubray vs. Petaluma ('Alameda Superior Court Case #2002057128)
5. Little vs. Petaluma (U.S. District Court, Northern California, Case #C04-1254EMC)
6. North Bay Construction vs. Hronec et al. (Sonoma County Superior Court Case #234912)
7. Pacheco vs. Petaluma (Sonoma County Superior Court Case #SCV 233469)
8. Podobnik vs. Petaluma (Sonoma County Superior Court Case #SCV 234431)
9. Rumery vs. Petaluma (Sonoma County Superior Court Case #C-04-03718 SBA)
10. Thompson vs. Petaluma (Thompson II) (U.S. District Court, Northern California, Case #CO3-
0033EDL)
11. Banning et al. vs. James Jones Company et al. (Los Angeles Superior Court #BC321513)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957(e): City
Manager.
MONDAY, NOVEMBER 15, 2004 - EVENING SESSION
Mayor Glass announced that there would not be an evening City Council session. He
stated that the items were continued at the request of the applicants to the December
6, 2004 evening session -
6. PUBLIC HEARINGS
A. Public Hearing Re: Appeal by Lon and Peggy Wiley of the Decision by the
Planning Commission to Uphold in Part and Deny in Part an Appeal of a
Decision by the Community Development Director and City Engineer to
Administratively Approve a Tentative Parcel Map for Property Located at 3
Ricci Court. (Robbe/Moore) -
Called and continued to December 6, 2004 Council Meeting.
B. River Oaks/Petaluma Factory Outlet Village: Location: 2200 Petaluma
Boulevard North. [APNs 048-080-039, 007-401-043, 007-401-044 (Parcel A);
007-391-009 (Parcel B); 048-080-038 (Parcel C); 048-080-033,007-391-035
(Abandoned Railroad right -of way)). Project File No. REZ02001:
Consideration of an Application by Chelsea Property Group to Amend
the River Oaks/Petaluma Factory Outlet Village Master Plan to Allow
Development .of Parcels B and C as Proposed in the Petaluma Village
Marketplace Planned Community District General Development Plan,
including 163,000 Square Feet of Retail and 775 Parking Spaces on Parcel
B and up to 81,000 Square Feet of Retail and 445 Parking Spaces on
Parcel C. The Environmental Impact Report for this project was certified by
the City Council on September 13, 2004. (Moore)
- Called and continued to December 6, 2004 Council Meeting.
ADJOURN - 5:15 p.m.
David Glass, Mayor
Vol. 40, Page 330
November 15, 2004
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ATTEST:
Claire Cooper, Deputy City Clerp