HomeMy WebLinkAboutMinutes 11/15/2004November 15, 2004
Vol. 40, Page 317
SAL U~?
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~' " ~ City of Petaluma,. C'aclifornia
js58 MEETING OF T,HE PETALUMA CITY COUNCIL/
PETALUN-A COMMUNITY DEVELOPMENT COMMISSION
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City Council/PCDC Minutes
Monday November 15, 2004 - 3:00 P.M:
Regular Meeting
CALL-TO ORDER
A. Roll Call
Present: Members Glass, Hedly, 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 why voted oh November 2~d and expressed her
appreciation for their response and for all of the help given during her campaign.
® Attended the Veterans Day parade and, said'it 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. CaliforniaPublic 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 Citysupports 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 8Th .annual Farm Bureau Awards Dinner,.. where some Petaluma area
participants received awards. She reported .that Jim Carlson, Larry Johnson, Arnold
Riebli, AI Nissen, and Dick Weber of Sunrise Egg Farm received the Agriculturist ofi the
Year' Award. She said that 95% of the eggs_ consumed in the Bay Area are produced
Vol. 40, Page 318 November 1'S, 2004 .
at their farms. She dlso'mentioned'that Gene Benedetti of Clover Stornetta Farms,was
inducted' into the Hall of Fame.
• Refer red to the appropriateness. of scheduling the second scoping session for the DSC
site on November 22 -week of Thdnksgiving -and asked for a third scoping session if
not already planned.
Council Member Healy:
®. Congratulated the-winners in last week"s election. He thanked the candidates.who
rdn to~ give the community a choice. He stated that win or lose, being a candidate
provides candidates with an opportunity to really get to know their community...
• Felt that TSD.EF was being unhelpful and their opposition to the at-grade dossing was
very detrimental to the implementation of the Central'Specific Plan. He stated' he
would testify- at the proceeding. in January and felt that this didn't need .to come
back.
Vice Mayor'Nlbynihan:
• Attended the ribbon cutting for the new Library Community Room.
• Expressed concern about the impact of `nine grade-level crossings: on local
circulation .and felt.that SMART would have to~evaluate this fully. He felt that until this
evaluation was done,. commuter rail. could potentially hurt. existing circulation. He
suggested that qt the Council's goal setting in January they should address
implementation and. a financing plan to implement the. CPSP.
• Suggested an update in December in the form of a "SLate of the Stree s Address" to
explain what has been, done. and what plan: is needed.to maintain the streets.
Council iVlember~0'Brien:
• Thanked all the voters who participated in the .election and those who chose. to
return him fer anofher four years and those~who helped him in his campaign. -
• Mentioned the Rainier Advisory Measure,. which passed by 72% and asked staff to
come back with: th;e -next step. ~ .
• Asked that the meeting be adjourned' in memory of Velrr;a Azevedo; who .passed
away last week. .
tM1ilayor Glass:
• Agreed abeiut the-mandate fir;traffic relief and wdnted to be sure this is oriented in
an environmentally friendly manner.
• Would support a "responsible. Rainier alternative" with an at=grade crossing and the
superior under-the-freeway design. crossing when the freeway is widened.. Fie said he
aiso, strongly supported rail and mentioned that MTC had said they would prioritize
communities that adopt SMART ,fransportation.
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November 15, 2004
Vol. 40, Page~319
Mentioned the "State. of Streets," saying the streets have improved greatly. He
referred to the 32 drive-by shootings in Santa Rosa this calendar year and how this
shows that the City's number one priority has to be safety.
• Would support a third scoping session fbr the DSL site.
CITY MANAGER COMMENT
City Manager Bierman reported that last Friday he met with some of the Wilson Street
residents who had enduredClover Stornetta's trucks going pasfi their homes during the
Army Corps project. He slid, North B'ay was scheduled ~to .begin paving Lakeville this
week to alleviate the problem and noted progress on -other paving projects.
AGENDA GRANGES AND DELETIONS (Changes to current agenda only).
Mayor Glass clarified that the Wiley'sproperty appeal and the River Oaks Factory Outlet
item would be .removed from today's agenda because both applicants requested their
items to be moved -Items 6A and 6B moved to the evening of December 6, 2004.
MOTION to move the November 15 evening. items to the December 6, 2004 agenda.
M/.S: Healy/O'Brien
CARRIED UNANIMOUSLY (Harris, Thompson absent)
APPROVAL OF MINUTES
1. APPROVAL OF`MINUTES
A. PCDC/City Council. Minutes of October 18, 2004. Mayor -Glass requested,
for clarity, on page 17, last sentence the addition of "without objection
from any Council Member." Council Member Torliatt, page 9, .line 19 to
read: "would become open to public comment on the entire project as
well." Page 18, line 36 to read: "compliance" not conformance.
MOTION to adopt minutes of October 18, 2004 as amended.
M/S Torliatt/Healy
CARRIED UNANIMOUSLY (Harris, Thompson absent)
B. PCDC/City Council Minutes of November 1, 2004. MOTION to adopt
minutes of.November 1, 2004 as presented.
M/S; Torliatt /Healy
CARRIED UNANIMOUSLY (Harris, Thompson absent)
2. APPROVAL OF PROPOSED AGENDA
A, Approval. of Proposed Agenda: for Council's Regular Meeting of
December 6,2004.
MOTION to approve agenda with the addition of duplicate items
removed from this meeting's agenda and a date correction to 2005.
M/S: Healy/Moynihan
CARRIED UNANIMOUSLY (Harris, Thompson abseht)
Vol. 40, Page 320
3.
November 15, 2004
CONSENT CALENDAR
Vice Mayor Moynihan asked to have items. A, F, G, and H.reenoved fordiscussion.
Council .Member O'Brien asked to have item D removed for discussion.
.MOTION. to adopt balance of :Consent. Calendar items (.Items `B, G, and E;
Resolutions 2004=208 N:C:S:. 2004-209` N.C.S., and Ordinance `2:T96 N'.C:S.).
M/S Healy%Glass.
CARRIED UNANIMOUSLY (.Harris and Thompson absent) .
A. Resolution; Accepting Completion of the 2003-2004 Pavement
Maintenance Project C5005Q0 (formerly 9:732-9). (Skladzien/ Castaldo) This
:item was removed for discussion.
B. Resolution ,2004=208 N:C.S. Ad'opting' Updated Records Retention and
Destruction Schedule. for Citywide Documents. (Petersen)
C: Resolution 2004-.209 N.C.S. Setting Guidelines'for Attendance for Members ~ -
of°fhe Animal Services Advisory Committee. (Petersen)
D. ,Resolution Approving And Authorizing Execution of Professional Services
Agreement with the Redwood Empire Insurance Fund' (R:E.M.LF.) for'the
-Workers Compensation Claims Administration Services.
(Nei;ter/Blanquie/Robbins) Tfis 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 o Execute a Certificate of
,Acceptance .Once Certain Conditions Are Met. (Bierman)
F. 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 f?aan for
Employees in Unit 8 (Department Heads). (Bierman) This'item was removed'
for discussion..
H. Resolution Amending Resolution No. 2002-1866 Co:mpensdtion Plan for
Employees'in Uni# 9 (Mid-Management). (Bierrri'an) This item was removed
#or discussion.
ITEMS REMOVED FOR DISCUSSION
A. 'Resolution 2004-210 N.C.B. Accepting Comp_fetion of the.: 2003'-2004 _
Pavement Maintenance Project 0500500 (formerly 9732-9). (Skladzien/
Cdstaldo) •
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 le.d to the frailhead 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.
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6 MOTION to adopt Resolution 200.4-210 N.C.S.
7 M/S Torliatt/Moynihan
8 .CARRIED UNANIMOUSLY (Harris and Thompson absent)
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10 D. Resolution Approving and Authorizing Execution of Professional Services
11 Agreemerit with the Redwood Empire Insurance Fund (R.E.M.I.F.) for the
12 Workers Compensation Claims Administration Services.
13 (Netter/Blanquie/Robbins)
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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.
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18 City Manager Bierman explained that Risk Manager Blanquie had that
19 information and was not available.
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21 Finance Director Netter clarified that REMIT 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.
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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.
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30 Finance. Director Netter clarified further that REMIT 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.
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35 Council Member O'Brien said hewould like to see a complete breakdown
36 and requested to bring this item back on December btn.
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38 Mayor Glass supported continuing this to December 6, 2004.
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40 F. Resolution 2009-211 N.C.$. Amending Resolution .No. 2002-186A
41 Compensation Plan for Employees in Unit 4 (Professional). (Bierman)
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43 G. Resolution 2004-21'2 'N.C.S. Amending Resolution No. 2002-199
44 Compensation Plan 'for Employees in Unit 8 (Department Heads)..
4~ (.Bierman)
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47 H. Resolution 2004-21.3 N.C.S. Amending Resolution No. 2002-1866
48 £ompensation Plan for Employees in Unit 9 (Mid-Management). (Bierman)
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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 l5, 2004
1 stated that the Council; _ha.d .an obligation to let the community to know'
2 what services and positions needed to be cut to make up for this.
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4 Council Member Healy responded, that it was -known. that" the City's
5 ,property tax revenues were up 1'0%; which is considerably higher this- year.
6 He also said that a program through the California League of Cities would
7 dllow ,the. City to cash in on the VLF. promise by the State 'to provide
8 funding..
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10 Council Member Torlidtt added that: some .sales tax, especially from -the
11 auto mall,.. were doing much better than. projecfied aril also the increase
12 'in retail revenue. She also pointed ou.t Chet Unit 8 (:Department' Heads)
13 were not getting a salary .increase other.- than the equivalent increased
14 health. care costs.
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16 Mayor Glass suppo_ rted the item and explained this increase-.amounted to
17 $141,000. He said it also costs a lot of money to have disruptions ih ~stgff,
18 and.. to ose qualified employees. He said these expenditures were not.
19 justified based only on the increase in revenue.. He slid. they were justified
20 because that's what it costs to hire, train, and retain qualified employees.
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22 .MOTION to adopt Resolutions 2004-211' N.C.S., 2004-212 N.C.S..and 2004-
23 213 .N.C.S.
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25 M/S: O'Brien/Healy
26 CARRIED B.Y.A 4-1-2 VOTE AS 1=0tLOWS:
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28 AYES: Mayor Glass; Healy, O'Brien, fiorliatt
29 NOES: Vice Mayor Moynihan
30 ABSENT: Harris, Thompson
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32 4. UNFINISHED BUSINESSr-.CITY COUNCIL AND PGDG
33.
34 A. Discussion and Pos"sible Action .Regarding Appropriation. for L'iving 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.
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39 City Manager Bierman gave a background for this item regarding past
40 discussion to agree to fund orie-half' of a: study for a'liuing wage analysis.
41 At that" time, three Council Members agreed to use a portion of their
42 travel budgets to pay for this drid the Cify Manager would t~dke care of
43 this. He requested a motion be made to use $700 from Council Member
44 Healy,. Torliatt and Mayor Glass`s accounts.
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46 Vice Mayor Moynihan stated. this appropriation would require a draft
47 ordinance.. He said that the orig_ final resolution was denied on a 3/3 vote.
48 He stated he did not think. it was appropriate `to 'fund this study with
49 pe"rsonal funds withouf Council's approval. He wanted City Attorney
50 Rudnansky to explain the proper way to .appropriate funds for this study.
51 He slated that the vote taken denied the funding of the study and it must
52 'be honored.
November 15, 2004 Vol. 40, Page 323
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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
$ ordinance and it must pass with four affirmative votes.
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7 Council Member Torliatt gave direction to bring this back. She stated she
8 did not say it was .her personal funds and she .:thought Council Member
9 Moynihan would be happy that #unds 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.
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15 Council Member O'Brien stated lie 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.
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20 Direction was .given fo bring the item .back on December 6+h.
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2,2 PUBLIC COM'MENT'
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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
2$ examine the fiscal feasibility and analysis.
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30 B ..
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Removed
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35 and continued to December b; 2004 meeting.
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37 5. NEW BUSINESS _
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39 A. Resolution 2004-21'4 N.C.S. Approving the Annual Report of the. Downtown
40 Petaluma. Business, Improvement District and. Declaring Intention to Levy
41 an Annual Assessment#or Fiseal'Yepr,2005. (Marangella)
42 s.
43 _ Council` Member Healy announced that he would abstain, as his office is
44 located within the district boundaries; he left the dais.
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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 b, 2004 to levy the- assessment: He said this year, $40,000 had
49 been collected due to th,e improvement in the process. He
50 acknowledged :the:. Finance Department and PDA for their assistance.
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November 15, 2004 Vol. 40, Page 325
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meeting and embarrass everyone. He said he would support this today so
it can go forward.
PUBLIC COMMENT
JoAnn Pozzi, Petaluma Downfown Association, ~ acknowledged the
wonderful cooperation from City staff. With the Finance Department's
assistance, she said they were as close as they had ever been to having
an accurate database.. She stated they could respond to questions and
provide the information necessary to convince businesses to pay their fair
share. She clarified that the assessment district covers from the bowling
alley to Lakeville, both sides of the Boulevard, and up to Howard Street.
She said this area covers a rnueh greater area than just those who would
directly benefit from the Keller Streef Gdrage. She explained the bills. went
o,ut September 7+h because the bills for calendar year 2004 went out very
late. She said currently they had collected $29,000 of the X40,000. She said
they would start making. follow-up calls because the due date for the
second billing had passed. She stated the PDA wanted the revenue to
come to the BID and not to a collection agency. She said one of their
goals was to establish accuracy and to have an interface with the
business license billing so they gef only one bill. She stated .they could be
working on creating a formalized business plan for Council but explained
it was very difficult without knowing what the total revenue would be. She
explained changes that .had been made to security and pre-holiday
sidewalk cleaning by the PDA.
Councilmember Torliatt stated she knew of and~`appreciated all the hours
Joann and Jim Balshaw had spenf on this project. She also thanked
Finance Director Joe Netter who had definitely improved the process. She
asked for additional information before the ,next meeting that would
illustrate what expenditures from the $40,000.00 had taken place. She also
wanted the business plan to state wi5at steps would take place if the
whole $72,0000 was not collected. She said she was very supportive of the
sidewalk,cleahing.
MOTION to adopt Resolution 2004-214 N.C.S.
M/S: Torliatt/Glass
CARRIED BY A 3-1-1-2 VOTE.AS FOLLOWS:
AYES: Mayor Glass, Vice Mayor Mbyriihan, Torliatt
NOES: O'Brien
ABSENT: Harris, Thompson
ABSTAIN: Healy
Council Member Healy returned to the dais.
Resolution 2004-21.5 N:C.S: Approving Agreement with Sonoma County
Waste Management Agency for use of Household Hazardous Waste
Disposal Facility. (Bierman/Beafty)
Gene Beatty, Interim Assistant City Manager, explained the City needed.
to continue with some kihd of household hazardous waste program no
Vol. 40, Page 326 November 15,;2004
matter what the outcome of the garbage fra_nehise 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 d new.Joint Powers Agreement, a centralized household ,hazardous
waste disposal facility at theCentral Landfill would open in January.: He
said since Petaluma is not disposing waste qt the landfill, Petaluma's share
of the funding. for. this. program was not being provided. He slid this.
agreement would allow. Petaluma fo_ take advantage of this .new
program at a cost of $1:40,000.
Council ,Member O'Brien, asked about a refund from the- JPA for hauling
acid `hazardous. waste handling that-the City paid for but did not receive
since May 2004 when the City ceased hauling to the landfill.
City Manager Bierman explained this would- have to be negotiated with
the JPA. He stated there were some money concerns and this would :have
to be determined.
Ken Wells, Director, Sonoma County Waste: Management Agency; said the
City had been subsidized since April by' other cities and Petaluma actually
owes Them. money but he is not 'asking ,for this at this time.
Vice Mayor Moynihan asked if this would' put the City in good stead with
the JPA.
City Manager .Bierman said yes, and it was okay doing this part-by-part.
Council ;Member Healy asked if there was a state mandate that the-City
have a hazardous waste program. He was told yes. He also asked` for a
short list of'what falls within a hazardous waste program.
Director'-Wells explained that almost all items labeled with a toxic label are
hazardous waste but did not'. include explosives, .ammunition,, or
radioactive waste. He also added that no electronic waste was included
but there- will be' free -and convenient ,program for disposing of -these in.
January..
Council .Member Torliatt clarified that the resolution approved the
Professional Services Agreement with. an Exhibit A.
MOTION to adopt Resolution 2004-215 N:C.S.
M/$: Healy/Torliatt ,
CARRIED UNANIMOUSLY (Thompson/Harris absent}
C. Res°olution 2004-21.6 iV:C:S. Establishing :the 'D' Street Rule.20B Underground.
Utility°~District in the Vicinity ~of `D' 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 District'. Clark/Marangella)
November 15, 2004 Vol. 40, Page 327
1 Director of Economic Development and Redevelopment Paul Marangella
2 explained this 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.
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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.
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11 Director Marangella stated a good porfion was included but additional
12 funds had been appropriated.. for the CIP, specifically for undergrounding
13 public utilities in the "D" Street corridor. Fie explained that the $1 million
14 was included in the $7,550,000. If 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
1.7 near the Post Office that the City'agreed to underground.
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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 2004-21..6 `N.C.S.
23 M/S: Glass/Healy
24 CARRIED .UNANIMOUSLY (Thompson/Harris absent)
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26 D. Discussion and Introduction of Ordinance. 219:7 N.C.S. Adding Chapter
27 13.06, Newsrack Regulations, to the Petaluma Municipal Code.
28 - (Marangella) -
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30 Director of Economic~Development and Redevelopment Paul Marangella
31 thdnked fhe Press Democraf 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.
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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.
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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.
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43 Council Member O'6~ien asked who paid for the design for this.
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45 Director Marangella. explained there wasn't a design, it was included in
46 the Streetscape Master. Plari.
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48 Council Member O'Brien., asked who paid for the ten drafts from the City-
49 Attorney's office.
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5'1 Director Marangella said the City-paid for this but the administrative costs
52 were unknown.
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Novern6er 15, 2004
. Council ,Member O'Brien .asked about the $3;800 to phase. out the old
racks arid. where was that coming from.
Director Marangella explained this amount would. come from funds
appropriated. for the Downtown. Streetscape program and would, pay for
:caps on the. racks to prevent people from sitting 'or placing coffee cups:
on -them.
Council Member O'Brien asked who would enforce this if a compdny puts
in a rack on .its; own.
'.Director 'Marangella stated this would be enforced in the same way any'
other City ordinance's provisions are. enforced..
Council Member O'Brien stated ahe City did not hav. e money to enforce
abatement. "
Director Marangella said that in his experience, the newspapers -are
happy to, accommodate the :City if they know what the concerns are~.and
he would be willing to work. with the newspapers.
Council Member Torlatt thanked the newspaper folks for working "with the
City. `She also .mentioned that a small fee was collected by CDD fbr;issuing
the ,permits.
M,OTIQN to introduce.Ordinance 2197 N.C.S.
M/S: Moynihan%Torliaff ~ .
CARRIED BY A 4-1-2 VOTE'AS FOLLOWS:
AYES: IvTayor Glass, Healy, Vice Mayor Moynihan, Torlidtt
NOES: O'Brien
ABSENT: Harris, Thompson
PUBCIC!COMMENT
Victor 'Chechanover, ~ P.etaluma, said he was disturbed by a story. in the newspaper
regarding the use, of Lasers by Police Departments' drill the number of fatalities ..resulting
from this practice. He wondered if clairrms could be classified by type to let citizens know
what litigation, costs are going toward.. He pecifically wanted to know if any were'
against the `Police Department or any other Cify Agency for misconduct.
Vice..Mayor Moynihan explained. that the'listing of litiggtions on the agenda is ato monitor
them ahd better control these. costs.
;.
Mayor Glass. said that the Council is barred from. talking. about Closed Se"scion items.
City Attorney Rudnansky, answered that the court case ,number is listed. as required by
the Brown Act. He stated "there was one case against the Police Department.
ADJOURN TO CLOSED SESSION -4c30 p.m.
November 15, 2004 Vol. 40, Page 329
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CONFERENCE WITH LE6Al,000NSEL-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)
b. 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 #C03-
0033EDL)
1 1. Banning et al. vs. James Jones Company et at, (Los Angeles Superior Court #BC321513)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957(e): City
Manager.
MONDAY, NOVEMBER 1:5, 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 sessiorY:' ~"
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 Pdreel Map for Property Located at 3
Ricci Court. (Robbe/Moore) -
Called grid 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:
Consideratiori 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 Environmentdl 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.
v
David Glass, Mayor
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Vol. 40, Page:330
ATTEST:
November 15, 2004
Claire Cooper; Deputy City Cler