HomeMy WebLinkAboutCity Council Minutes 09/09/2002September 9, 2002
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a ~ City ®f Petaluma, California
City :.Council NI'eetinct
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Vol. 38', .Page 1;;91.
City Council Meeting Minutes
1 Monday,. September 9, 2002 - 3:00 p.m.
2 Regular Meeting
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4 PRESENT: Coder-Thompson, Mayor Thompson, Maguire, ,Moynihan,
5 O'Brien, Torliatt
6 ABSENT: Vice Mayor Healy
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9 PUBLIC COMMENT ...
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11 Mary Neal, Petaluma Downtown .Association; addressed the City Council
12 regarding the recent dog„--show and congratulated ~fhe winners and .persons
13 instrumental in putting the event on. She~•al'so: congratulated Gary Nadler for his:
14 recent appointment to serve as judge in .Sonoma ~Counfy, and concluded by
15 encouraging the City Council to preserve the Rent St.ab,lization Ordinance.
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17 Dan .Kammerer, .Petaluma, addressed the City Council regarding the rate
18 increases at the turning basin. -He stated his opposition to the current rates: and
19 suggested the City Council needs °to ,consider something more.realistic.
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21 Michael Donovan, Petaluma, addressed the .City Council regarding the; r,.ate
22 increase at the turning basin and. suggested..the City Council revisit the issue: as
23 he has heard boaters imply that they won`t come back because of the rates.
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25 AI AIys, Petaluma, addressed. the City.: Council .,in opposition. to the turning bdsin~
26 Rrate 'increase and indicated that he represents :the •view of the business
27 community. He also commented there is a nneed for more security at the docks
28' and a .need for trash collection bins.. He would. recommend the City Council
29 reconsider a fee rate change to $15,00.
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31 Geoffrey C:artwri'ght, Petaluma, addressed the City Council regarding the need
32 to consider having'th'e City's utility billings be a monthly charge rather than every
33 other month.
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35 CORRESPONDENCE .
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37 None.
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Vol. 38, Page 192
September 9, 2002
1 COUNCIL COMMENTS, LIAISON REPORTS
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3 • Counciil Member O'$rien:,
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5 Responded to comments ,regarding 'the ,boating fees and indicated his
6 support: for reVisi;ting `fh'e issue to consider lowering them.
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8 Requested the meeting this evening be adjourned in memory of Bob.
9 Bertrand.
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11 ~:• Council 'Member Maguire:
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13 Commented on the cost of service fee :for fhe marina.
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15 • Council Member Torliatt
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17 Suggested the City Council needs to revisit 'the ~fee~ structure for the turning
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18 basin, :especially if people, will not be utilizing the facilities which may result in
19 a Joss.of revenue overall.
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21 Co;mmerited on having. attendedfestivities of the Local Outrigger° Canoe
22 Club a,nd noted_ they meet ~o.n Tuesday nights at 6 p:m: and ,Saturday
23 mornings.. She en'c'ouraged ,residents; to come, out aril see them a"t `those
24 tunes. ~ ~ .
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26 Remarked about a recent le;tterfrom. Ky B,oyd who is recornm`ending that the
27 City Council be supportive of getting movie, theatres bca'ck in Petaluma.
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29 Mentioned ~ fhat' although the Redwood Tec.hno,logy center item has been.
30 removed from the City Council agenda for this evening, she would, like staff
31 to-note that the Interim Fill Or"dinaice is du'e to expire by mid. November and
32 there~is"a need to address that`issue in 'the near future.
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34 • Council Member C.ader-Thompson:
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36 Commented #hat she. would support' having the .Finance Direcfor look into
37 revisiting the turning basin fees: ~•
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39 Also attended the same festivifies wifh the Outrigger Group:.
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41 Expressed sup,port.for looking at opportunities for°the Pacific Theatres..
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43 ~:• Council Member Moynihan
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45 Commenfed on a' recent .memo from 'the. state regarding the staggering of
46 pension plan payments. Given, Po.ice and Fire have the 3% at 50 option, he:
47 stressed the need to look at the impact this will have on City funds during the
48 mid-year'bud'get,ceview.
September 9, 2002 Vol. 38; ::Page 1:93
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Commented on recent memos regarding streets and the capital
improvement program. He indicated his disappointment fhere are no parks
projects in the CIP this year.
Commented on the Lucchesi debt service, the need to fix the Boys and Girls
Club pools, and the need to look at other pools in the community.
Added. comments regarding the cost of boating services. versus the current
fee that is being charged.
Requested the City Council receive an update from the Finance Director on
cost"s of litigation for the City, which is currenfly estimated at $3M. He would
like to see how the. City might keep these costs down.
• Allayor Thompson:
Commented that he will meet with the Finance Director regarding the
marina fees and will. take a look at the pension plan information with regard
to how it will impact the City.
CITY MANAGER COMMENTS
Interim City Manager Biermdrr indicated he would .bring-the issue of the turning
basin fees back to the City Council in early October.
AGENDA CHANGES, ADDITIONS, AND DELETIONS .
None.
APPROVAL OF M'INU.TES . _ ,
August 5, 2002
Motion to approve the minutes of August 5; 2002 as writfen. MJS
Maguire/O' Brien. -
AYES: Cader=Thompson,_ Maguire; Moynihan, O'Brien,
Mayor Thompson, Torliatt ~~-
NOES: None.
ABSENT: Vice Mayor Healy
PRESfNTATfO`N
Presentation From Family Action of Sonoma~County Regarding Development of
a Children's Council for Sonoma County.
Vol. 38, Page 194 September 9; 2002
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Patricia Souza, 'San#q Rosa, addressed 'the City Council. regarding the. need for
and encouraged support of the formation of the Sonoma County Children's
Council.
CONSENT CALENDAR: JOINT PCDC/CITY COUNCIL.
Reso. 2002-i53 N:C:S`:
CALLING FOR PUBLIC HEARING RE FORMATION 'O'F AN UNDERGROUND UTILITY
DISTRICT:
Commission Moynihan clarified with staff' that notification of tenants, in addition
to property owners, ha"s.been made regarding the upcoming Public Hearing.
Motion to Adopt Resolution 20Q2-153 N.C.S.>; setting a Public Hearing for
September 16, 20Q2 to Determine whether Public.. Health, Safety or Welfare.
Requires the Formation: of an Underground Utility Disfrict' in the Vicinity of Water
Street betw.ee.n Washington Street and "B" Street (Water Street Underground
District),.. M/S Torliaat/Maguire
AYES: C.ader-Thompson, Maguire, Moynihan, O'Brien, Chair Tho-meson,,,
Torliatt
NOES: Nbne
ABSENT: Viee Chair Healy
CONSENT CALENDAR:.CITY' COUNCIL
The following items are non-controversial arid. were appr~wed in one motion as
follows:
M/S O'Brien/Maguire
AYES: Cader-Thompson, Maguire, Nloyriihan, O'Brien;
Mayor Thompson,.Torliatt
NOES: None
ABSENT: Vice Mayor Healy
RESO.2002-fi37 N:C:S.
CHILDREiV'S COLIfVCIL OF'SONOMA`COU;NTY
Endorsing f he development~gf a Chi dren's "Co:uncil'of Sonoma County.;
RESO:; 2002-7;38 ;NCS.
WEED ABATEMENT CONTRACTORS''WORK.
Accepting. eornpletiori of Weed Abatement Cori_tracto~s' V11ork.
September 9, 2002 Vol: 38, .Page 1'95
1 RESO.2002-139 N:C.S:
2 CREATION OF AN ADDITIONAL J:OB TITLE' IN THE FIRE DEPARTMENT
3
4 Approving the creation of an Additional Job Title in the fire Department of :Fire
5 Engineer/Medic:
6
7 RESO. 2002-140 N.,C:S:
8 BILREAU Of JUSTICE ASSISTANCE, .LOCAL LAW ENFORCEMENT BLOCK GRANT
9 PROGRAM
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11 Accepting the Bureau of Justice Assistance, Local law Enforcement Block Grant
12 Program for $3`1,845 to partially fund one Police O"fficer position assigned to the
13 Sonoma County Narcotics Task Force.
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15 RESO. 2002=141 'N:C:S:
__
16 SIGNING AND' ENDORSING CHECKS
17
1>8 Repealing Resolution No. 00-06 N.C.S. in its entirety and authorizing Signing. and
19 Endorsing Checks, Electronic Transfers, Deposits to and Wifhdrawals from
20 Investment Accounts and authorizing the City Manager to certify the names of
21 the authorized persons to the financial institution.
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24 RES0.,2002-142 N:C.S.
25 FINANCIAL ASSISTANCE
26
27 Authorizing the Finance Director to execute for and on behalf of the City of
28 Petaluma an application and, file it iri the Office of Emergency Services for fhe
29 purpose. of obtdiriing certain .Financial Assistance. vender P.L. 93-288 as amended.
30 by the Robert T. Sfaffo`rd Disaster Relief and Emergency Assistance Act of 1988
3.1 anal/or State Financial Assistance under the Natural Disaster Assistance Act:
32
33 RESO:'2002-143 N:C:S:
34 AGREEMENT FOR AUTOMATIC EMERGENCY INCIDENT RESPONSE
35
36 Authorizing. the City Manager fo execute a,n Agreement for Automatic
37 Emergency Incident Response with the Fire Departments located in County
38 Service Area #40.
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40. RESO.2002:-144 N:C.S.
41 RESIGNATION.OF:CITY.MANAGERfREDERICK C:STOUDER
42
43 Accepting the. Resignation of City Manager Frederick C. Stouder:
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45 RES;O.2002-145 N.C:S..
46 APPOINTMENT OF MICHAEL A. BIERMAN AS INTERIM CITY MANAGER
47
48 Appointing Michael A. Bierman as Interim.. City Manager.
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Vol. 38, Page 196
September 9, 2002
The following items were pulled from the. Consent Calendar for.discussion:
RES.O. 2002-146. N..C.S
CiAIMS APVD~ BILLS
Council Member°Ivtoynihan recused himself from discussion and/or vofing, o:n this:
item, with specific' reference to Check #'22988 of the Check Register/D"errand.
Date of 7/19/02, payable to Livingston & M`attesich.
Motion. to adopt Reso. .2002-146 N.CS. approving Caaims and Bills;. NI/S
Maguire/Torlia'ft..
AYES: Caller-Thompson, Maguire> O'Brien, Mayor Tk'rompson, Torliaf t
NOES: None
RECUSEp° Moynihan
ABSENT: Vice Mayor Healy
RESO. 200.2-147 N,C:S.
W,ASHIN:GTON CREEK VILLAGE SUBDIVISION
Council Member Caller-Thompson: expressed concerns for' and clarified the
proposed traffic pattern and noise levels.
Motion,. to adopt Reso. 2002-147 N.C.S. authorizing fhe Developer,, Cob'blestope
Homes;, Inc. to commence Grading Activity prior to Final, map Approval on the
Site of Washington "Creek Village Subdivision .located at Washington Street and.
Parkland Way. N1%S C~ader-Thompson/Maguire.
AYES: Caller=Thompson, Maguire, Moyn'ihan,'O'Brien,
Mayor Thompson, Torliatt
NOES: None
ABSENT: Vice Mayor Healy
RES0.;20,02-148 N.C.S.
FINAL MAP FOR THE~78-LOT TRADITIONS SL~B'DIVISTON
Council Member Ca;der-Thompson asked for and received' clarification on
various details' of the project.:
M'otio:n to adopt Reso. 2002-148. N.C,:S. approving the Final. Map, for 'the 78:-lot
Traditions Subdivision loccfted a't the corner of Ely road and Hartmdn Lane, - M%S
Gader-Thompson/Nlaguire.
AYES: Carder-T.hompson> Maguire; Moynihan, O'Brien,
Mayor Thornpso'n, Torliatt
NOES: None
ABSENT: V.ice.Mayor Healy
September 9, 2002 Vol. 38, Page 1'97
1
2 RESO.2002-149 N.C.S.
3 GRADING:, B'AK'ER' RANCH.SUBDIVISION
4
5 Council Member Cader-Thompson asked for and received clarification on
6 various. details'of the project.
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8 Motion, to adopt Reso. 2002-149 N:C.S. authorizing -the Developer, Summertree
9 Development, Inc. to commence G'rading' prior to Final Map approval on the
10 Site of Baker Ranch' Subdivision locdted at the corner of Ely Road and Hartman
I1 Lane. M'/S Cader-Thompson/Maguire.
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13 AYES: Cader=Thompson; Maguire., .Moynihan, O'Brien.,
14 Mayor Thompson, Torliatt
1.5 NOES: None
16 ABSENT: Vice Mayor Healy
17
18' APPROVAL OF :PROPOSED AGENDA FOR COUNC4L'S REGULAR MEETING OF
19 SEPTEMBER 16, 2002.
20
21 Council Member Moynihan suggested that :the evening .session would be the
22 more appropriate time to have the .Street Construction item rather than at 3:00
23 p.m.
24 Interim City .Manager Bierman responded that staff could move the meeting
25 start time to 4:00 p.m. and have the presentation on the Streets Plan later in the
26 agenda..
27
28 Motion to approve the Proposed Agenda for Council's Regular meeting of
29 September 1;6, 2002 with a start time of 4:00 p.m. M/S Cader-
30 Thompson/Moynihan
31.
32 AYES: Cader-Thompson, Maguire, Moynihan, O'Brien,
33 Mayor Thompson, Torliatt
34 NOES: None
35 ABSENT: Vice Mayor Healy
36
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38 ****End of Consent****
39
40 PUBLIC HEARING
41
42 ORD. 2135 N.C.S.
43 ADOPTING AN ORDINANCE DF THE COUNCIL OF THE CITY OF PETALUMA
44 AMENDING CHAPTER 1.7.20 OF TH'E PETALUMA MUNICIPAL. CODE TO ADOPT THE
45 CALIFORNIA BUILDING STANDARDS TITLE 24, PART~9,.2001 CALIFORNIA FIRE CODE,
46 INCORPORATING THE 2000 EDITION OF THE UNIFORM FIRE CODE AND UNIFORM
47 ,FIRE CODE STANDARDS
48
Vol. 38, Page 198. September 9, 2002,;
1 ORD.2136 N.C.S.
2 ADOPTING AN O'RDINAN E OF THE COUNCIL OF THE:- .CITY OF PETALU'MA
3 REPEALING CHAPTER 17.04'OF THE PETALUMA~ M`UNLCIFAL CODE AND ADOPTING.
4 NEW CHAPTER 1.7.04 TO ADOPT BY REFERENCE T'HE FOLLOWING CODES`.
5 CALIFO'.RNIA BUILDING STANDARDS TITLE 24, PART 2. 2001: ,CAL'"IFORNIA B'UILDING~
6 CODE, INC.O`RPO:RATING THE UNIFORM BUILDING CODE; 19~~7 EDITION, INCLUDCNG
7 CERTAIN APPENDICES; _UNIFD:RM HOUSING CODE, _ 1.9.97 EDLT,ION; DW.ELLLNG
8 CONSTRUCTION UNDER THE UNIFORM BUILDING CODE, 1997 EDITION; UNIFORM
9 CODE .FOR THE ABATEMENT OF DANGEROUS BUILDINGS; 1'97 EDITION'; UNIFORM
10 ADMINFSTRATIVf CODE, 1997 EDITION; UNIFORM' BUILDING SECURITY' CODE, 1997
11 EDITION'; UNIFORM SIGN CODE; 1997 EDITION;: DWELLING CONSTRUCTION UNDER
12 THE UNIFORM:MECNANICAL CODE, 1997 ED TION; 19.97 ANAL-YSIS OF REVISIONS TO
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PART 5, 200:1 CALIFORNIA PLUMBING CODE, INCORPORATING THE UNLFO"RM
PLUMBING CODE, 2000 EDITCON; UNLFQRM SWIMMING POOL, SPA_AND HOT''TU'B
,CODE, .]'997 EDITION; UNIFORM SOLAR ENERGY-,CODE, 1997 'EDITI'ON;' CALIFORNIA
BUILDING ,STANDARDS TITLE' 24, .PART `3; :2001 CALIFORNIA ELECTRICAL CODE,
LNCORPOR~ATING THE NAT,I:ONAL ELECTRICAL CODE, 1999 EDITION;, CALIFORNIA
BUILDING STANDARDS' TITLE 24, .PART 1`0, 2001 CALIFORNIA c~ONSERVATION CODE,
INCORPORATING APPENDIX CHAPTER 1 DF~ THE 1997 UNIFORM CODE FOR
BUILDING CONSERVATION
Mayor Thompson opened th`e public hearing. Hearing no requests to speak, the
Public Hearing was closed'.
Motion to introduce Ord.. 2135 N.C_S; and 'Ord. 2336 'N'.C.S. N1/S Maguire/Caller-
Thompson.
AYES: Caller-Thompson, Maguire, Moynihan,Q'Brien;
Mayor Thompson, Torliatt
NOES: None.
ABSENT: Vice Mayor Healy
UNFINISHED BUSINESS
R ESO: ;2002- T:50 IV.C.S
DENIAL OF PROPOSED CHANGE 1N CONTROL TO TRANSFER AGREEMENT FROM
AT8~T BROADBAND TO AT8~T/COMCAST AND CABLE FRANCHISE RENEWAL.
Gene Beatty, Lnterim Assistant '.City Manager, :gave the staff report and
recommended ghat Council retain ~fhe services of The Buske Group.. He~ added
The Buske Group. negotiated the existing franchise agreement and is most
familiar with the intenf of the language. He indicated they also have an
extensive reputation 'in th'e area of public access. ' In conclusion he .indicated
that regardless of the out.co.me of n'egot,iatioris reld~ting to the change in control,
staff recommends that an .attempt be made to clarify and finalize precisely, what'
September 9, .2002 Vol: 38', Pdge 1`99
1 obligations. exist- on AT8~T in the dreg of expansion of fhe community 1-NET and
2 the collection of .access fees as provided in the terms of the franchise
3 agreement.
4
5 City Council discussion ensued regarding the need to be aware of upcoming
6 major street reconstruction; and that AT8~T does not need a permit, under the
7 current franchise, to do trenching. It was also .noted that with regard. to this
8 specific request, 'the City Council could only look at specific issues of the
9 franchise ogreement.
10
11 Patrick Whitenall ad'd'ressed the City Council indicating 'the City can look at non=
12 compliance issues before considering a change of control.
13
14 Continuing City .Counci discussion stressed: the need to make AT&T comply with
15 the current 'franchise agreement.
16
17 Council Member Moynihan indicated :.his concern that AT8~T is currently not in.
18 compliance with the franchise agreement and in~hi"s"`'view; staff is capable of
19 reviewing the agreement without expending funds for a consultant group to
20 assist.
21
22 Public Comment
23 ~_
24 Tillman Bussey., Petaluma, addressed the; City Council stressing 'the need for the
25 City Council 'to require AT&T to cemp.lywitli the current franchise agreement. He
26 indicated they can do much; to- help the PCA analcited examples of local
27 programming and election night.festivities.,
28
29 Diane Reilly=Torres, Petaluma, addressed .the City Council indicating the City
30 needs to ensure AT&T compliance with their franchise agreement....
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32 Michael. Es#goy, Petaluma, addressed the City Council in concurrence with;
33 Council Member Moynihan and added there is no need °fior pre-supposed
34 litigation with ATB~T. He concluded tjy stressing the need to be: weal informed
35 before approving the transfer applcafion and urged;the~,C,ouncil`s denial:
36 -- ., - .
37 John Cheney, Petaluma, addressed.`th.e. City Council regarding the necessity for
38 continuing Public Access television prograrriming.
39
40 Ellen Lewis, Petaluma, addressed the City~Council as President of the PCA Board
41 and stated. her preference that the City Council not. a__pprove the. merger and
42 hire the proposed consultant firm of The B'uske Groups=to, assist staff in review of
43 the franchise: dgreement.
44
45 Bill Hammerman; Petaluma, addressed the City Council giving a brief history of
46 AT&T non-compliance issues and ,indicated his support for the Council to move
47 forward with -the hiring of The Buske Group to assist staff in review of the franchise
48 agreement.
Vol. 38, Page 200 September, •9, 2002.
1 ,.Motion, to q,dopt Resolution 20.02-15.0 N.C'.S. denying the. proposed. change in
2 control;: and', to,give s.ta'ff direction to retain fhe services of-The B.uske Group. Ivl/S'
3 Torliatt/Caller-Thompson,
4
5 AYES::. Cadet-Tho_mpsori, Maguire, O'Brien; Mayor Thompson, Torliatt
6 NOES: Moynihan
7 ABSENT: Vice Mayor Healy
8
9 NEW BUSINESS
10
11 CLIMATE PROTECTION'.CAAAPAIG'N
12
13 Public Comment:
14
15 Ann Hancock, Petciluma, addressed the City Council, .urging their support for the
16 Climate Protection Campaign.
17
18 A brief City Council discussion ensued with"the majority of City Council ih support
19 of the recommendation.
20 ,
21 Council Member Moynihan expressed concerns and expressed his opposition to
22 the cost involved for fhe next steps.
23
24 Motion, fo approve. th°e :Recommendation to the Mayors' & Co.uncf Members'
23 Association Regarding Fro;posal -for Bay Ared' AirQuality Maria=gemen# District
26 S. upport' of the Climate Protection C,cmpagn; qnd to Recommend to the Mayors'
27 & Council. Members' Association Regarding Propg al• to 'County to Support Cities
28 Completing Greenhouse Gas Emissions Inventories on a Joint Basis: M/S
29 Torliatt/Caller=Thompson ,
30 -
31 AYES: Caller-Thompson, Maguire, O,' Brien, Mayor Thorpson> Torliatf
32 NOES:, ' -Moynihan _
33 ABSENT: 'Vice•Mayor Healy
34 ~ `
35 R.ES0.:2002 151 N,C:S;
36 APPEAL FROM PIERRE M'IREMONT-
37
38 Vice Mayor Healy arrived at the beginning°of tli•e appeaTdiscussion.
40 Pierre Miremont gave a' presentation to the City Council regarding the. political
4'i cartoon he :is requesting to be placed o'n City' of Petaluma buses. He poi'st'ed
42 ouf his proposed ad is a. sinipl`e cartoon about achcken/p.othole-pecking, bird.
43 that point's out~the City has,a fundamental problem with the maintenance of its
44 roads.. Me stressed, the' cause of ghat predicament needs to• be addressed, which
45 he is attempting to do wia this ad.
46 •
47 City Attorney Rudnansky indicated' fh:ere is no basis for this appeal, so the, `issue
48 was brought before the City`Council rattler than taking it'to''the courts.
September Q, 2002 Vol. 38, Page 20`1
1 City Council discussion ensued with the Mayor indicating he woufd:~recorrime'nd
2 fhe ad be forwarded to Petaluma Transit Advertising and. direct staff fo move
3 forward with the creation of an advertising policy for the City.
4
5 Council Member Moynihan agreed with the First Amendment issue at hand and
6 stated his preference that the cartoon not read: "The Pe aluma City Council
7 Presents."
8
9 It was also noted that although this cartoon is very much like another artist's
10 work, a disclaimer statement is included on the ad.
11
T2 Council Member Torliatt expressed her concerns that the issue of streets and.
13 roads is a serious issue and should not be considered humorous: She also
14 expressed concern with ,not knowing the content of the website that is
15 referenced on the acl.
16
17 Council. Member Cader-Thompson indicated the City Council has done millions
18 of dollars worth o:f road improvements over the years, albeit 'not the .last two
19 years. She encouraged residents to understand that these kinds of improvements
20 do not happen overnight.
21
22 Vice Mayor Healy stated his' support for upholding the appeal and moving
23 forward with fhe. creation of ari a"dverti_sing policy.
24
25 Council: Members -Caller-Thompson and Maguire expressed their desire to
26 abstain from voting on? this issue until a policy is before the City Council for
27 consideration. ~~
28
29 Council Member Moynihan expressed his desire to ~rnake -sure Mr. Mi[emont does
30 not have to .get ''at the back of the line." with regard to his proposed ad..
31 - , ,
32 The City Manager clarified that' 'the City .h.as no jurisdiction over, the application
33 process of Petaluma T_ ransit Advertising:.
34 -
35 Motion to adopt Reso. 2002.151 N.C.S. Upholding Appeal from Pierre Mremont:
36 M/S Healy/O'Brien~.~,.
37 ~"
38 AYES: Vice~Mayor Healy, Moynihan, O'Brien, Mayor Thompson; Torliatt
39 NOES: None ,
40 ABSTALN; Caller-Thompson,, Maguire
4;1
42 The Cify Coun.cii unanimously agreed ~to refer the formulation of a City of
43 Petdluma's Advertising Policy to fhe City Manager for future City .Council
44 discussion.
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Vol. 38, Page 202 September 9, 2002
1 Public. Comment Prior to Closed Session:
2
3 Bill Donahue, ,Petaluma, addressed fhe. City Council as a Sandalwood: Resident
4 Action Committee Member and urged Council' ,support of~senior residents. He
5 stressed the Council needs to stand-up 'for the Rent Stabilization Ordinance and
6 the arbitrato_ is decision of.May 9, 2002.
7
8 The City Council adjourned to Closed Session.at 5:52. p.m.
9
,T'0 CLOSED~SESSION
11
12 • C;ONF.ERENCE. WITH REAL PROPERTY NEGOTIATOR PUfSUClllt t0 GOvernment '.COde
13 Section 54956.8.Property: The Right-of-Way for the Corps of Engineers'
14 Mainline Bridge Replacement. Nine Parcels:: 365 E. Washington St. (APN
15 007-072-04:1_.); `l 38 Lakeville Street (APN 0,07-Q72-031).; 408 Madison ~Stre_et
16 (APN. 007-082-028J; 121 Lakeville 'Street. (APN 007--082-.006`:),; 92 Lakeville
1T :Street (APN 00.7-071-009); 51: Lakeville Street (APN 006-05:1-082); 37 and 39
18 Lakeville S reef (APN OQ6-051=Q38); 29 Lakeville Street (APN:'00,6-0.51-005); 91.
19 Lakeville Street (APN 007-0:41-001). Negotiating Party: Thomas Hargis.
20 'U'nder Negotiation; Price:, Terms'or :Payment, or Both.
21 • CONFERENCE W,,ITH REAL .PROPERTY' NEGOTIATOR PUfSUant t0 GOVerClri'lent 'COde
22 § 54956:8. Property: Two Parcels Located. on the -4000 'BIoeK of Lakeville
,.
23 Highway, (APN's 017=170-002. and` 068-Q10-026). One Parcel Located
24 Southwest- of the Gity's Oxidation Ponds (APN 019-330-009.),. A Small
25 Portion ofi' One Parcel Located at:3880 Cypress Drive; (APN OQ5-09Q-Q62).
26 Negotia.fing Party.: Michael Blerrrnan/Michael B;an. lJnder Negoti'atio,n:
27 :Price, Terms or Pa_ymenf, or Both:
28 • CONFERENCE WITH, LEGAL COUNSEL - EXIStIng LltlgatlOn, SUbdIVISIOn (a) Of
29 Government Code Section, 54956.9, 'Sa,n 'Francisco: Bay Keeper vs.
30 California Sfate 'Water Resources Control Board et, aL Son'om'a County
31 Superior Court Case No: SCV-224434:;
32 • CONFERENCE VdITH LEGAL COUNSEL - .EXlsting~ LltlgatlO;n, S,U'JdIVISIOn (a:); of
33 Government Code Section 54956:9, =Sandalwood Estates 'vs.. City of
34 Petaluma, SOr101'Tla County Superior Court Case No: 2304'14,:
35 • CONFERENCE WITH LEGAL COUNSEL - EXisting Litigation, SUbGdIV;ISIOn ('.a) Of
36 Government .Code Section .54:956:9,. Gonzales et al vst City of Petaluma et
37 al (RESA.), Sonoma County Sup=erior-Court Case. No: ?30688:.
38 • C:ONFERENGE WITH LABOR NEGOTIATOR, Government Code S2.CtlOn 54957.6:
39 Qge.ncy N`egofiator: Bill Thomas/Dennis" Morris/Michael.. Bierman.
40 Employee 0,rganization: Unifi b (Police 0ff,icerssAssociation).
41 ~ C:ONFERENCE WITH LEGAL COUNSEL - EXIStIng Litigation, Subdi"vision (:a) of
42 Government Code. Section 54956,9', Chapin vs. City of Petaluma, Sonoma
43 County Superior Court Case No. 23b351.
44 C'ONFER.ENGE. WITH LEGAL COUNS_fL - EXISting L'itgafi<~n, S,UbdlviSlOn (a1 Of
45 Government Code Section 54956;9, Sampson vs. Sonoma County et al, U:
46 S. Norfhern District Court, Case No. C-01=1803CW
47 • PUBLIC EMPLOYEE PERSONNEL COMPLAINT
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September 9, 2002
RECONVENE: 8:10 p.m.
Vol: 38, Page 203
PRESENT: Crider-Thompson, Vice Mayor Healy,, Maguire, Moynihan,
O'Brien,. Mayor Thompson, Torliatt
ABSENT: None
REPORT~OUT Of CLOSED_SfSSION
None
PUBLIC CONIM'ENT
Prior to taking Public Comment., .Mayor Thompson welcomed the new Interim
City Manager Michael Bierman, fhe new Interim Police Chief Thomas Simms, and
new City Clerk,. Gayle Petersen, to .their first City Gouncif Meeting with the City of
Petaluma.
Ednamae Campanile, Petaluma; .addressed the City Council, urging them to
preserve the Petaluma Rent Stabilization Ordinance and voiced concern for
those `tenants on ]eases.
Cleo Chappell, Petaluma, addressed the City Council in support of opening the
Petaluma Swim Center year-round.
Andy Eber, Petaluma, addressed the City Council in support of keeping the
Petaluma Swim Center open year-"round, especidlly the early evening hours.
Larry Modell; Petaluma, addressed the City Council on behalf of Friends of
Lafferty Park, and explained the Lafferty legislation and ,political
misunderstanding regarding certain Council Members' support. He stressed tfe
need for par'kland'.
.Bruce Hagen, Petaluma, addressed the City Council ,regarding the- Lafferty .issue
and commented the issue is only over a small piece ~of confested land that has
been blocking public .access and pointed out the proposed legislation would
.only outline the area of dispute.
John Kehoe, Petaluma, addressed the City Council about a petition submitted
regarding the need to resurface Coady Court. He indicated he has been toad
by staff °thaf their street is included in the CIP budget and scheduled for
resurfacing this year, but he has not received any notice from the City. He
concluded by stating their street is in dire need of repair.
Vince: Landof; Petaluma, addressed the City Council indicating each
development approved .impacts City streets and creates more portholes. He
continued by commenting on how the condition ~ of the streets impact the
community and urged- the Council to take care of existing streets before adding
new development.
Vol. 38, Page 204 September 9, 2002:
1 Sue. Paterson, Petaluma, addressed th`e City Council 'in support of the :resurfacing,
2 of Coady C,o.urt.
3
4 John Mill's,, Petaluma, addressed, the City Council. regarding a recent Public
5 Recorcis Request for expense rec;o~ds of certain City Council Mernb:ecs. He
6 expressed concern with use of city cell phones and, the amount claimed for
7 rei_mfjursements; blanket. :requests for reirnbursernent. for expenses,, and.
8 concluded b_y requesting that Council Mernbers'imrrie.diately stop the;'use of city
9 owned cell phones.
10
I1 Don ,Rich, Petaluma, addressed. the City Council in support of the need to
12 resurface Coady Court. '
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14 Jerry Price, Petaluma,., addressed the .City Council regarding the Public Trust
15 Doctrine and' their responsibility to profect public resources, He spoke to the':
16 Laff.erfy Park control is"sine and provided.. history on 'Mr. Pfendler's attempts fo
17 control land. He urged the Council to appeal the' decision on Open Space
18 Funding,
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20 Geoffrey Cartwright, Petaluma, addressed the City Council regarding the.
21 Petaluma water hed and concerns regarding illegal ch':ann'eling and re-
22channeling of flood streams. He expressed concern with the effects this. has on
23 the downtown and urged the: City Council to not approv~~ developmenfs' in' tie
24 flood .plain.
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26 Sara Rilleau, Petaluma,. addressed the- City Co"uncil in support of fhe need to
27 resurfdce. Coady Court.
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29 CITY MAIVAG'ER COMMENTS
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31 In response to comments made regarding Coady Court, Interim City`.Manager
32 Bierman indicated fhe City could do one quick fix until. ,the full treatment is
33 scheduled;: He will also I.oo_k into the condition, of the sidewalks qnd bring the
. _
34 issue back to the City Council so the issue of funding of such repairs can be
35 discussed.
36 .
37 CO.UNCI.L COAAMENT
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39 • Co,uncil;'Member Cader-Thompson:
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41 Suppor#e.d the quick fix ;for Coady Court and stressed the need for
42 reconstruction.
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4.4 Explained user of her'.City cell phone and indicated she has. copies o'f bill's to
45 support her expenses; adding that Council Member e~;pense: information'is a
46 matter of public record.
47 '
September 9, 2002 Vol. 38> Page 205
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Briefly commented on the anniversary of the September 1 1'" terrorist atfa'cks
and added that' the community should be feeling grateful for what we have
and not attacking others personally.
Reported on attendance at the recent. CdlTrans Meeting; the need for
continued review of Health Care issues; support for the Rent Stabilization
Ordinance; keeping, the Petaluma Swim Center open; and concluded by
wishing her father a 'happy birthday.
• Council Member Torliatt:
Stated. her understanding of the Coady Court issues.
Commented that she,. too, files expense reports for cell phone usage, which
are a matter of public record. Her monthly bills run dpproximately'$30 to $50
per month.
•I• Council Member O'Brien:
Stated his support for the temporary fix ofi Coady Court.
Confirmed that he has a City cell phone and. after reviewing the bill, writes a
check to the City for his personal phone calls.
• Council Member Maguire:
Clarified misinformation regarding the Lafferty issue, indicating. t;he locdl news
article left out important information.. He suggested the Lafferty property issue
be placed on the Council's agenda after the November Election.
• Council -Member Moynihan:
Welcomed Mike Bierman as Interim City Manager.
Regarding Council expenses, stated there is a need to set the example..
Indicated he does not see a need for Council Members to .have City cell.
phones, nor City letterhead. He has not submitted any expense- sheets and
that the Council should set an example for the entire staff' with. regard fo
curbing expenses.
Encouraged movement toward more civil discussions.
AGENDA CH~ANG'ES, ADDITIONS, AND DELETIONS
Mdyor Thompson noted, for the record, th'e City Council's desire to have the
September 16> 2002 City Council Meeting begin at 4 p.m. rather than 3 p.m.
Vol. 38, Page 206 September 9, 2002.,
1 RES.O..2002-152 N:C:S.
2 APPOINTING CITIZENS COMMLTiEE FOR ROAD MAINTENANCE IM`PROVEAl1ENTS AND
__
3 RECONSTRUCTION.
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5 Council Member Moynihan, commented that he disagreed with appointing the
6 members tonight without there, having had direetio.n clarifying the specific
7 charge: of .the committee. He commented on the need fora funding. source for
8 road rnainfenance and reconstruc#ion anal how ;the Council should wait to
9 appoint this committee until the CIP is in place. He alsG sere"ssed the need to
`10 have a group of people who have .experience: in lobbying for f.u .rids of they
11 legislature.
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13 Council lvlember 0'' Brien indicgted he is not in supporf of the Committee, adding
14 that he feels it would only bog down the process. He c~Iso concurred that in.
1,5 order to appoint a commiftee there: needs to be an agraed .upon ''charge" for
16 them to follow.
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18 Vice Mayor H.e,aJy .remarked o,n the necessity to .move forward with the
19 appointment of the Committee and' suggested a discussion be held' at the next
20 meeting to refine their direction; mission and charge:
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22 Motion. to adopt .Res:o. 2002'-152 N.G.S. to appoint the ;following individuals to the:
23 Citizens Committee ,for Road Mdintenan`ce Improvements, and Reconstruction:
24 M/S Maguire/Caller-Thompson
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26 Albertson., :Mark E.
27 Arras, `Christopher
28 Brown, Patricia Tuttle
29 Bussewitz, Barry
30 Durney, Joseph
31 Frampton, ;Do_ ug;
32 Henry, Nancy
33 PeJlegrini', Orita
34 Solin, Erin
35 Wilson, Thomas
36 Zenone; Michael P.
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38 AYES: Caller-Thompson, Vice Mayor Healy, Maguire,.
39' Mayor Thompson, Torliatt
40 NOES.: Moynihan; O''Brien
41~
42 Committee Members Albertson and Arras made brief sta~t~~ments regarding tli:eir
43 desire to serve.
44
.September 9, 2002 Vol. 38, Page'207
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PUB11C HEARING
APREAI. 'OF ADMINISTRATIVE APPROVAL OF MINOR SUBDIVISfON AT 5.11 SOUTH.
NIcDO.WELL B'tVD.
Tiffany Robbe, Assistant Planner, Community Development Department; gave the
staff report and recommended denying the appeal of the Planning
Commission's denial of the appeal of an administrative approval of a Tentative
Parcel Map located at 51 1 South McDowell Blvd., APN 007-301-031.
Scott Kirk, Lanhan & Reiley, LLP Law Offices, addressed the City Council in
opposition to the approval of the Tentative Parcel Map due to concerns with the
lot split being detrimental to public health, safety, and welfare; that it is contrary
to the City's Ordinance; that the Doran's application is deficient; and that the
application does not address the boundary dispute existing regarding the
Halvorson and Doran properties.
PUBLIC HEARING OPENED
Dick Silvers, Petaluma, addressed the City Council in opposition to the traffic on
McDowell from Kreskie 'Way and the addition of more driveways at this `
intersection. , ..
Steven Lafranchi, of Steven J. Lafranchi 8~ Associates, addressed the City Council
representing the Dorans. He urged City Council's support for staff's
recommendation to approve the Tentative Map at 5T.1 South McDowell p
Boulevard.
Shirley Halvorson; Petaluma, addressed the City Council urging tf;em to deny the
Tentative 'Parcel Map.
Caroline Doran, Petaluma, addressed the City Council clarifying that they own:
only three. vehicles and -they are in support of the Tentative Parcel Map.
Tammy Branigan, Petaluma,. addressed the City Council with concerns as to how
the driveway is currently configured.
PUBLIC HEARING CLOSED
Council Member Cader-Thompson noted for the record that she has ,a political
sign at 'Mrs. Ma vorson's home and has received a campaign donation from Mr;
Lafranchi. She went on to express concern with the width of the driveway as well
as its ocation. She would like staff to explore if there. is a way for both properties
to share the existing driveway.
Staff response was the Council would have to make an exception to the current
zoning to provide for a shared driveway option, as well as there would be
additional impacts on other parts of the project; i.e. lot square footage.
Vol. 38, Page 208.
September 9, 2802
1 City Council discussion ensued regarding various options they would like the
2 property ow .Hers to consider and expressed. their desire to see them .come up
3 with a creative solution.
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5 City Councilconsensus to defer action on this item to the September 16, 2002
6 City Council Meeting.
7 _ .
8 ADJOURiV
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10 The meeting was: adjourned at 9:55 p:.m.
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15 S 5 `~ , 0~'.,c.~j ~ .
16 E'. Clark Thompson, Mayor
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20 ATTEST:....
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24 ayle. ,etersen:, C'MC
25 City.Clerk .
26 ,~ '.
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