HomeMy WebLinkAboutCity Council Minutes 04/02/2001April 2, 2001
Vol. 36, Page 3T
1 City of Petaluma;California
2 Minutes of'a Regular
3 City Council Meeting
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5
6 Monday, April 2, 2001
7 Council Chambers
8
9 The Petaluma City Council met on this date in the Council .Chambers at 3:00 P.M.
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11 ROLL CALL
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13 PRESENT: Council Members Healy, Maguire (4:20 F.M.), Moynihan, O'Brien, Torliatt;
14 Vice Mayor Cader-Thompson; Mayor Thompson
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16 ABSENT: None
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18 PUBLIC COMMENT'
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20 Persons wishing to speak regarding items not on fhe.agenda may do so under public
21 comment.
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23 Jo Ann Ritko Pozzi; 13.1.0 Sunset Drive, spoke in opposition to tree planting in front of
24 her business on 1Nashington Street. .
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26 Geoff Cartwright, 56 Rocca Drive, spoke regarding water, issues.
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28 SPECIAL ORDERS OF -THE, DAY'
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30 PRESENTATION:
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32 Employee Service Awards -Mayor Clark Thompson recognized fhe following
33 employees of the City acid presented service awards to those present.
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35 Thirty Years:
36 Bob Gloeckner -Fire Department
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38 Twenty Years:
39 Joe Edwards -Police Department
40 David Kahl -Police Department
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42 Fifteen Years:
43 Terry Campbell -Police Department
44 Michael Cook -Police .Department
45 Ronnie Gossner -Public Facilities and Services
46 Catherine Robbins -Police Department
Vol. 36, Pa9e 38. April 2, 2001
1 Robert Theen -Water Resources and. Conservation
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3 '°Ten Years:
4 Robert Mullins: - Water Resources and' Conservation
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6 Five Years:
7 Michael Ban - Vllater Resources and Conservation
8 David Cormier -Police Department
9 Richard. Cox -Police Department.
`10 Donnie Frank -Parks and Recreafo.n Department
11 Brian Morgan -Fire Department
12 Lois Plummer -Police Department
13 Joel Stemmer'- Police ;Department ,
14
15 PROCLAMATION:
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17 National Volunteer Week -Mayor Glarl< Thompson. read, the proclamation .and presented
18 it to Sally Soufer., the Volunteer Coordinator of'the Petaluma branch, of the Volunteer
19 Center ofSonoma County.
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21 MINUTES
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23 October 25,.1999:; January 2, 16, 22,:27, February 'S, 20,, March 5; 1'2, 19, 2001
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25 Ocfober 25,', 1999: _ _
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2T MOTION: Council Member Torliatt moved, seconded by Mayor Thompson, fo
28 approve the min"utes of October 25, 1999, without changes.
29 MOTION
30 PASSED: 5/0/2 (Council Members. Moynihan and O'Brien abstaining)
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32 January 2, 2001 s
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34 MOTION: Council Menber'Torliaft moved, seconded. by Moynihan,. to' approve the
35 minutes: of.January 2, 2001, without- changes.
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37 MOTION ~~
3:8 PASSED: 7/0/0
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40 January 1:6; 2001:
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42 Council Member Moynihan noted That on p°age ~6~, line, l-5., "Council Member Moynihan
43 preferred to discuss" should read, "Mr: `Thomas preferred to discuss:."
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.45 MOTION.: Council Member Torliatt moved', seconded, by Maguire, to approve"the
4,6 minutes of January 16, 2001, as co:rrectetl.
April 2, 2001
Vol. 36, Page 39
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2 MOTION
3 PASSE®: 7/0/0
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5 January 22, 2001.:
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7 Council Member Healy stated that on page 10, line 4, "natural" assets should be
8 changed to "generating" assets.
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10 MOTION: Council Member Healy moved, seconded by Torliatt, to approve the
11 minutes of January 22; 2001, as corrected.
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13 MOTION
14 PASSED: 7/0/0
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16 January 27, 2001:
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18 MOTION: Council Member Torliatt moved,, .seconded by Healy, to approve the
19 minutes of January 27, 2001, without changes.
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21 MOTION
22 PASSED: 7/0/0
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24 February 5,.2001:
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26 MOTION: Council Member Moynihan moved; .seconded by Healy, to approve the
27 ,minutes of February 5, 2001', without changes.
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29 MOTION. ~ ~ .. ..
30 PASSED: 7/0/0
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32 February 20; 2001:
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34 Council Mern6er Moynihan referred to page 4, line 28, and discussion .about his
35 possible conflict of interest. He thought he had stated that he would abstain from. the
36 vote,. not because he had a conflict, but to avoid the perception that he had a conflict
37 On page 9, line 4, he indicated that he voted "no." The vote should read 6/1/0.
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39 Council Member Healy corrected the vote on page 7, line 6, from 7/1/0 to 6/1/0.
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41 MOTION: Council Mem6e;r Torliatt moved, seconded by Mayor Thompson to
42 ,_approve the minutes of February 20, 2001 with Council Member
43 ~ Moynihan' and Council Member Healy's corrections on the votes, and with
44 Council .Member Moynihan's elarificafion of his comments, if the City Clerk
45 determined,. upon listening to the audiotape, that his recollection of his
46 statement was accurate.
Vol. 36, Page 40 April 2, 2001
1
Z MOTION
3 PASSED:. 7/0/0
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5 March 5, 2001:
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7 Council Member Moynihan noted that on page 3, he .acknowledged "Boy-Scout Troop
8 3," not "Girl.Scout Troop 3" for their assistance. with tree planting, and added that, he
9 had. discussed. the Pavement Management Study results and challenged Council'to
10 budget $5 million for street maintenance this year.
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12 Council Member Healy stafed that on page 3', the SCTA subcommitte,e's first meeting,;
13 Supervisor Smith wasn't there;; and "John" Wright to "Sharon"'1Nright :of Santa Rosa. On
14 page 10, the votes should be changed from 4/0/3 and 3/0/4 to 4/3/0 and 3/410.
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16 Council IVlember' O'Brien explained that on page 3.,, the last .line of--his comments; he
17 acknowledge the.'"Petaluma Chapter of the American Cancer Society."
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19' MOTION: Council Member Healy-:moved., seconded by Moynihan, to approve the
20 .minutes of March 5, 2001, as corrected.
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22 ~_
23 MOTION
24 PASSED: 7/0/0 -
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27 March 12, 2001. -
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29 Council Member Healy pointed out thaf on page 6, the .Campaign Finanee Ordinance
30 item, the vote should read 4/t/2, and on page 6, the vote reflected 8~people voti'rig.
31 -.
32 MOTION: Council Member Moynihan moved,'seconded by Healy, to. appro~e_the
33 minutes of March 12, 2001, as corrected. '
34 _
35 MOTION
36 Pi4SSED: 7/0/0
37 y ~.
38 :March 19, 2001: ~ ~ ~ -
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40 Council Member Healy asked that his,comments on .page 1,2, lines 16-1.7, fJe corrected
41 to delete the words following. the semi-colon,..
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43 MOTION: Council Member Healy moved,,.. seconded by Maguire, to approve the
44 minutes. of March 19, 200'1, as corrected.
45
April 2, 2001
Vol. 36, Page 41
1 MOTION
2 PASSED: 7/0/0
3
4
5 CONSENT CALENDAR
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7 All items were removed from consent, discussed and enacted by separate motions as
8 follows
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10 1. Adopt Resolution 2001-075 N.C.S. in Support of the Submission of a
11 Department of'Water Resources -Urban Streams Restoration Grant by the
12 Trust for Public Lands ~on Behalf of'the City of'Petaluma forthe Purpose of
13 Purchasing the Grange Property;. Located on Industrial Avenue North of Corona
14 Road, in Compliance, with the Adopted River Access and Enhancement Plan,
15 with Said Property Being Substantially Affected by Floodway Designation and
16 Zoning. (Tuft)
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18 MOTION: Council Member Torliatt moved,; seconded by Vice Mayor Cader-
19 Thompson,. fo Adopt Resolution 2001-075 N.C.S. In Support Of An
20 Urban Streams Restoration Grant For The Purchase Of The
21 Grange Property, Industrial Avenue, Petaluma, California.
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23 MOTION
24 PASSED: 4/1/1/1. (Council Member Moynihan voting "No," Council Member
25 O'.Brien abstaining due to the possibility of a conflict of interest
26 :based on the location of the property in proximity to his place of
27 employment, and Council Member Maguire absent)
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29 2. Resolution 2001=076 N.C.S. Approving Amendment to Contract with Richard R.
30 Rudnansky, City Attorney;.
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32 MOTION: Council Member Moynihan moved, seconded by Healy to adopt
33 Resolution 2001-076 N:C.S. Approving Contract with Richard
34 Rudnansky.
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36 MOTION
37 PASSED: 5/1/1 (Vice Mayor Cader-Thompson voting "No," and Council
38 Member Maguire absent)
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40
41 3. Adoption of Ordinance 2;1106. N.C:'S. (Secon'd Reading) Approving Ground
42 Lease for Private Hangar at Petaluma Airport-.. (Beatty)
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44 MOTION: Vice Mayor C.ader-Thompson moved, seconded by Healy,. to adopt
45 Ordinance 21106 N.C.S. Approving ,Ground Lease for Private
46 Hangar of Petaluma Airport.
Vol. 36, Page 42
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MOTION
PASSED:
April 2, 2001
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4/1./2 (Council Member Torliatt voting "No;" Council Member
Maguire absent and. O'Brien not. present)
Approval of Proposed Agenda for,Couricil's Regular Meeting of.Ap_[il 1.6, 2001.
(No items. will be added to-thee agenda after this approval., although some ifems
may be removed of the request of one of the parties necessary to the discussion
and approval of the.:agenda item.)
MOTION: Vice Mayor Cader-Thompson. moved, seconded by Healy,;to
approve the proposed agenda for C.ouncil's regular .meeting, of April
16, 2001'with the following modifications:'
1, Move the Russian `Rider Gravel .Mining item to a future
. agenda..
2. ,Add Council'diseussion, and possible action and or direction
regarding water rate increases.
19 MOTION
20 PASSED.: 6/1 (Co.uncil Member Maguire absent)
21
22 PUBLIC HEARINGS
23
24 4.Conduct a Public Hearing to Receive Comments, on the 2001=2002. Proposed
25 Community Development Block Grant Action, Plan and Adopt Resolution
26 2001-077N,C..S, Approving the Block Granf;Projects and Authorizing the City
27 Manager to Sign All Documents Required by HUD. (Gaebler)
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29 No members of the public-asked to be heard regarding the matter,
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31 MOTION: Vice Mayor Cader-Thompson moped, seconded by Moynihan to
32 Adopt Resolution'2001':-077 N.C.S.. Approving the Block Grant
33 Projects and Authorizing the City Manager to Sign All Documents
34 Required b,y HUD.
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36 MOTION
37 PASSED:. 6/1 (Council Member Maguire absent)
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39 Clerk's Note: Council Member Maguire arri.~ed - 4:20 P.~M.
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41 5. Resolution 2001-078 N.C:S. Ordering Abatement of .Nuisance Consi"sting of`
42 WeedsGrowing lJ,pon Public.and Private Property in~th~e City of Petaluma-:and,
43 Ordering the Fire Chief to Remove Said Weeds by Contract or' His Own, Forces.
44 (Ginn%IErout)
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46 No members of the pub1ie asked to be heard regarding the ;matter:
April 2, 2001
Vol. 36, Page 43
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2 MOTION: Council Member Moynihan moved, seconded by O'Brien to Adopt
3 Resolution 2001-078 N.C.S. Ordering Abatement of Nuisance
4 Consisting of Weeds Growing Upon Public and Private Property in
5 the City of Petaluma and Ordering the Fire Chief to Remove Said
6 Weeds by Contract or His Own Forces.
7
8 MOTION
9 PASSED: 7/0
10
11 UNFINISHE® BUSINESS
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13 6. Report, Regarding. Status of Payr;an Project and Discussion and Possible
14 Direction Regarding Payran Flood Management Project Financing and Budget.
15 (Hargis/Stouder/Marangella)
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17 No Action Taken.
18
19 PUBLIC COMIUIENT
20
21 None
22
23 CLOSED SESSION
24
25 Mayor Thompson adjourned the meeting to Closed Session in the City Manager's
26 Conference Room at 4:45 P.M. for Council coriside`ration of the following items, as read`
27 by City Attorney Rich Rudnansky:
28
29 CONFERENCE- WITH, LEGAL COUNSEL, Existing Litigation, Government Code §
30 54956.9, Mock vs. City of Petaluma. Sacramento Superior Court Case No. 97AS00848.
31 -
32 CONFERENCE 1NiTH LEGAL COUNSEL, Anticipated Litigation, Significant Exposure
33 to Litigation Pursuant to subdivision (b) of Government Code § 54956.9 (One~Potential
34 Case).
35
36 CONFERENCE WITH LABOR NEGOTIATOR, Government Code § 54957, Public
37 Empbyee Performance Evaluation. Title: Cify Clerk
., . .
38 .
39 .
40
41 ADJOURN
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43 Closed Session adjourned at 5:50 P.M.
44
45 RECESS - 5:50 P.M.
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Vol. 36; Page 44 April 2, 2001
2 RECONUfNE` -
3
4 The Petalurna.City Council reconvened its regular meefing on this day at;7OQ P~M. in
5 the Council Chambers. - -
6 -
7 ROLL CALL
8
9 PRESENT: Council Members Healy, Maguire, Moynihan, O'$rien, Torliatt Vice Mayor
10 Cader=Thompson; Mayor Thompson
11
12 ABSENT: None
13 -
14 REPORT OUT OF:CLOSED SESSION
15
6 Mayor Thompson reported that no action was taken on matters-addressed in Closed
17 Session.
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19 PLEDGE.OF ALLEGIANCE
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21 At the request of Mayor Thompson, Bob Foster led the Pledge of Allegiance.
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23 ~,MOIViENT' OF SILENCE
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25 At the request of Mayor Thompson, a Moment of ,Silence was observed.
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27 PUBLIC COMMENT
28:~
29' Persons wishing to speak regarding items not on the agenda may do so under public
30 -commenf_.:
31
3.2. Terence. Garvey, 83 Maria Drive; spoke regarding the: lack~of civility during Council,
33 meetings among the Council Members.
34
35:.Beth Meredith,, 104 .Fifth Street, spoke insupport of public participation,and open.
36 .dialogue with decision makers in matters- that affect, he community.
37
38 Geoff. Cartwright, 56 Rocca Drive, spoke regarding the use of pesticides .and spraying.
39
40 'P:UBLIC HEARINGS
41 -
42 ,7. Resolution 2001-079 N.C.S. Approving a New Fee Schedule for Permit,
43 Inspections Conducted by the Fire Marshal's Office. (Ginn)
44
45 MOTION: Vice Mayor Cader-Thompson moved., seconded by O'Brien to~
46 adopt Resolution 2001 - 079 N.C.S. Approving a :New Fee
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April 2, 2001
Vol. 36, Page -45
Schedule for Permit Inspections Conducted by the Fire Marshal's
Office.
nAOTION
PASSED: 7/0
8. Public Hearing to Consider Adoption of Findings ~of'Fact Pursuant to the
California; Environmental Quality Act (CEQA) Related to the 11th AmendedY
Agreement for Water Supply (Amendment 11) and. Ratification of City Council's
January 22, 2001 Approval of Amendment 11. (Hargis.)
PUBLIC COMMENTS
After hearing background information 'and a summary of the project to date. by
City Management, the following members of the public came forward to speak as
proponents of Council's adoption of the CEQA, findings and ratification of the
action taken at Elie January 22.meeting authorizing tho Mayor to sign the 11th
Amended Agreement (Amendment 11).
Terence Garvey
Jerry Minton
Keith 1lVoods
Randy Byrd
David Elie ~ , _
Carol F,ullerfon
Ed 'Fullerton
J. T.`Wick
Linda Buffo _
Mike Harris
Steve Janee _ .
Clayton Engstrom
The #ollowing members of the pufjlc came forward to speak in opposition of the
Council's adoption of the CEQA findings. and ratification of the action taken at the
January 22 meeting authorizing the Mayor to .sign the 11th Amended Agreement
(Amendment 11):
Geoff Cartwright
Andrew Packard
Bill Phillips
,Beth G"rimes
.Diane- Reilly Torres ~'
Vince Landof
Frank Egger, Mayor, Fairfax Town Council
David Keller
Elena Belsky
Vol. 36, Page 46
April 2; 2001
1 ,Bil[ Kortum
2 Beth. Meredith
3 Kathy Tonneau
4 Peter DeKramer
5 Louie Nguyen
6 Stan Gold
7 John Mills -,spoke .regarding process.
8 .
9 RECESS:. 8:45 P:M:
10 .
11 RECONVENE: 8:50 P.M.
12
13 MOTION: Council Member .moved Moynihan, seconded. Healy to adopt
14 Resolution. 2001-080. N.C.S..Authorizirtg 'the Adoption of Findings
15 And Determinations And Statement; of Overriding Considerations In
16 Accordance With The, Findings of Fact Pursuant to the California
17 Envir..onrrnental Quality Act Relating, To The Eleventh Amended
18 Agreement :for Water Supply (Amend'ment.ll).
20 MOTION..
21 PASSED: 5/2 (Vice Mayor Caller-Thompson and Council Member Torliatt
22 ~ voting "No,")
23
24 MOTION: Council Member O'Brien moved; seconded by Moynihan to adopt
25 Resolution'~200:1'-081 N.C.S. Ratifying. Resolution No. 200'1 - 024
26 N.C:S. And The City Council's January 22, 2001' Approval' of the
27 _ Eleventh Amended Agreement For UVater Supply By and .B'etween
28 Sonoma-County Water Agency, City of Cotati, City of`;Petaluma~
29 City of Rohnert Park, City ;of Santa Rosa,, Forestville. Water'District,
30 North Marir Water District, Valley of'the Moon Water Qistricf, City
31 of`Sonema, And Directing 'the City Clerk To File A Notice of
32 Determination...
MOTION; ..
PASSED:: 6/1 (Counci) Member'Toxliatt voting"No")
RECESS: 10:00 P:M.
RECONVENE: 10:1'0 P.M.
41 9. Discussion and. Possible Action, Adopting Sonoma County Water Agency on Year
42 2000 Draft Urban Water ,Management Plan (UWMP) This ;Report is Required
43 by the State of California Department of V1later,'Resources and Replaces the
44 .Existing-1995 UWMP. A Draft Report and Schedule Will Be Presented at the.
45 Meeting. (Hargis) ~ .
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April 2, 2001
Vol. 36, Page 47
1 PUBIC COMMENT
2
3 Terence Garvey, 83 Maria Drive, spoke regarding employing serious
4 conservation methods in Petaluma.
5
6 Diane Reilly Torres, Rainier Avenue, had. questions about conservation,
7 conservation rebates, and she advised the Council she had filed a complaint
8 against P. G. & E.
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10 Geoff Cartwright, 56 Rocca Drive, spoke regarding his concerns about the
11 Sonoma County Water Agency (S.C:W.A.).
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13 David Keller, 1.327 "1" Street;. expressed.. his concerns and asked the Council to
14 get clarification before adopting the U1NMP.
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16 iIAOTfON: Council Member Moynihan moved, seconded by Healy to adopt
17 Resolution 20.01-082 N.CS. Adopting Sonoma County Water
18 Agency Year 2000 Draft Urban Water Management Plan
19
20 MOTION
21 PASSE®: 7/0
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23 i4®JOl1RN
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25 Mayor Thompson adjourned the meeting at 10:35 P.M.
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29 ~~ E. Clark Thompson, Mayor
30
31 ATTEST:
32 ~ _
3
Beverly J. Kline, City,Clerk
5