HomeMy WebLinkAboutCity Council/PCDSA Minutes 11/19/2012 November 19, 2012 Vol. 46, Page 177
w`tA�'° City of Petaluma, California
nD'Y MEETING OF THE CITY COUNCIL/
I PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
185$
1 City Council/PCDSA Minutes
2 Monday, November 19, 2012
3 Regular Meeting
4
5
6
7
8 MONDAY, NOVEMBER 19, 2012
9 CLOSED SESSION -5:00 P.M.
10
11
12 CALL TO ORDER - CLOSED SESSION
13
14 A. Roll Call
15
16 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris:
17 Mike Healy; Tiffany Renee
18 Absent: Gabe Kearney
19
20 CLOSED SESSION
21
22 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:Subdivision (a) of California Government
23 Code Section 54956.9: Baywood, LLC, vs. City of Petaluma, et al., Sonoma County Superior Court No.
24 SCV 243426.
25 • CONFERENCE WITH LEGAL COUNSEL- INITIATION OF LITIGATION: Subdivision (c) of California
26 Government Code Section 54956.9: One potential case.
27 • CONFERENCE WITH LEGAL.COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
28 pursuant to subdivision (b) of Section 54956.9: One potential case.
29 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
30 Code Section 54956.9: Application of the City of Petaluma for an Order Authorizing the Permanent
31 Relocation of One At-Grade Crossing of the Tracks of the.Sonoma-Marin Area Rail Transit District, Before
32 the Public Utilities Commission of the State of California, filed March 30, 2012, Application number A-12-
33 03-027. Added with Agenda Revision No.1 Thursday, November 15, 2012.
34
35 PUBLIC COMMENT ON CLOSED SESSION ITEMS
36
37 None.
38
39 ADJOURN TO CLOSED SESSION
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42
43
44
45
Vol. 46, Page 178 November 19, 2012
1
2
3 MONDAY, NOVEMBER 19, 2012
4 EVENING SESSION -7:00 P.M.
5
6
7 CALL TO ORDER - EVENING SESSION
8
9 A. Roll Call
10
11 Present: Chris Albertson; Teresa Barrett;David Glass; Mike Harris;
12 Mike Healy; Gabe Kearney; Tiffany Renee
13 Absent: None
14
15 B. Pledge of Allegiance
16
17 Karen Nau, Petaluma
18
19 C. Moment of Silence
20
21 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
22
23 Item 5.B was moved up to immediately follow the CONSENT CALENDAR.
24
25 PRESENTATIONS
26
27 • High-Efficiency Washing Machine Giveaway
28
29 Dave Iribarne, Water Conservation Project Coordinator
30
31 • Youth Commission
32
33 Amy Jin, Youth Chair, Youth Commission
34
35 Hayley Lynch, Petaluma High School and Member, Youth Commission
36
37 Keelin Dober, St. Vincent High School and Member, Youth Commission
38
39 Dennis Pocekay, Chair, Youth Commission, representing Jhordy Gongora, Member, Youth
40 Commission
41
42 Ms. Jin
43
44 Mayor Glass
45
46 Council Member Barrett
47
48 Ms. Dober
49
50 Council Member Barrett
51
52 Mayor Glass
November 19, 2012 Vol. 46, Page 179
1
2 GENERAL PUBLIC COMMENT
3
4 Katherine Bobrowski, Petaluma, spoke about problems in-the mobile home park where she lives.
5
6 Carol Fontana, Petaluma, spoke about her work with a company that wishes to install wind
7 turbines in Petaluma.
8
9 Mayor Glass
10
11 COUNCIL COMMENT
12
13 Council Member Harris
14
15 Council Member Albertson
16
17 Vice Mayor Renee
18
19 Council Member Barrett
20
21 City Attorney Danly
22
23 Council Member Barrett
24
25 City Attorney Danly
26
27 Mayor Glass
28
29 CITY MANAGER COMMENT
30
31 City Manager Brown
32
33 City Attorney Danly
34
35 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
36
37 No reportable action.
38
39 1. APPROVAL OF MINUTES
40
41 A. Approval of Minutes of Special City Council/PCDSA Meeting of Monday, October
42 22, 2012.
43
44 Motion: Approve A. Minutes of Special City Council/PCDSA Meeting of Monday,
45 October 22, 2012, atpreeentecl
46
47 Moved by Mike Harris, seconded by Gabe Kearney.
48
49 Vote: Motion carried 7-0
50
51 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
52 Mike Healy; Gabe Kearney; Tiffany Renee
Vol. 46, Page 180 November 19, 2012
1 No: None
2 Abstain: None
3 Absent: None
4
S B. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday,
6 November 5, 2012.
7
8 Motion: Approve B. Minutes of Regular City Council/PCDSA Meeting of Monday,
9 November 5, 2012, a4'pre4entet
10
11 Moved by Tiffany Renee, seconded by Gabe Kearney.
12
13 Vote: Motion carried 7-0
14
15 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
16 Mike Healy; Gabe Kearney; Tiffany Renee
17 No: None
18 Abstain: None
19 Absent: None
20
21 2. APPROVAL OF PROPOSED AGENDA
22
23 A. Approval of Revised Proposed Agenda for Regular City Council/PCDSA Meeting
24 of Monday, December 3, 2012. - Re'Lgow No- 1 - Thursday, November 15,
25 2012.
26
27 Motion: Approve A. Revised Proposed Agenda for Regular City Council/PCDSA
28 Meeting of Monday, December 3, 2012, aypre4en.ted..
29
30 Moved by Mike Healy, seconded by Teresa Barrett.
31
32 Vote: Motion carried 7-0
33
34 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
35 Mike Healy; Gabe Kearney;Tiffany Renee
36 No: None
37 Abstain: None
38 Absent: None
39
40 3. CONSENT CALENDAR
41
42 A. Resolution 2012-158 N.C.S. Authorizing City Manager to Sign Purchase Documents
43 for Tyler Cashiering Software in the Amount of$38,407. (Mushallo)
44
45 B. Resolution 2012-159 N.C.S. Approving the Purchase of Two Sewage Pumps for the
46 Primary Influent Pump Station (PIPS). (St. John/Scherzinger)
47
48 C. Resolution 2012-160 N.C.S. Approving the Trade-In of Four Used Police
49 Motorcycles Toward the Purchase of One New 2013 Harley-Davidson FLHTP Police
SO Electra Glide Motorcycle for the Net Amount of $4,770.75 from Harley-Davidson of
51 Ukiah, Authorizing the Purchase and Installation of Additional Radio Equipment in
52 the Amount of $4,773.69, and Authorizing the City Manager to Execute All
•
November 19, 2012 Vol. 46, Page 181
1 Purchase Related Documents and to Include the Total Cost of $9,544.44 for this
2 Purchase in the 2nd Quarter Budget Adjustments. (Williams/Christensen)
3
4 D. Adoption (Second Reading) of Ordinance 2446 N.C.S. (Special Revenue Funds)
5 and Ordinance 2447 N.C.S. (Enterprise Funds) Amending Ordinances 2434 and
6 2436 N.C.S. to Change Certain Appropriations for the Operations for the City of
7 Petaluma from July 1, 2012 to June 30, 2013. (Mushallo)
8
9 E. Resolution 2012-161 N,C.S. Imposing the SB 1186 State Mandated Fee of $1.00 on
10 Any Applicant for a Business License or Similar Instrument or Permit, or Renewal
11 Thereof, for Purposes of Increasing Disability Access. (Mushallo)
12
13 F. Resolution 2012-162 N.C.S. Repealing and Updating Enabling Legislation for the
14 Petaluma Youth Commission. (Danly) - Removed for cksa %COW.
15
16 Mayor Gloss opened Public Comment on CONSENT CALENDAR items.
17
18 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CONSENT
19 CALENDAR items.
20
21 Council Member Albertson
22
23 Council Member Healy asked to remove Item 3.F for discussion.
24
25 Council Member Albertson
26
27 Mayor Glass
28
29 Council Member Healy
30
31 Motion: Approve CONSENT CALENDAR Items 3.A, 3.B, 3.C, 3.D, and 3.E.
32
33 Moved by Chris Albertson, seconded by Mike Harris.
34
35 Vote: Motion carried 7-0
36
37 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
38 Mike Healy; Gabe Kearney; Tiffany Renee
39 No: None
40 Abstain: None
41 Absent: None
42
43 Council Member Healy
44
45 City Attorney Danly
46
47 Council Member Healy
48
49 City Attorney Danly
50
51 Council Member Barrett
52
Vol. 46, Page 182 November 19, 2012
1 Mayor Glass
2
3 Motion: Approve F. Resolution 2012-162 N.C.S. Repealing and Updating Enabling
4 Legislation for the Petaluma Youth Commission, aNnended to-specLfy that they
5 Coninthstinn/shallco 4i tof"up to-8 adults- (a. 21 or odder) and/4 youth
6 (e.,tigatugroixte.th.rouq-lt a. e 20)"; a.nd, that a,quorum/Or"mere/thaw 50% of
7 the/total nwsnber of comvnL iovv vnentherb appointed."
8
9 Moved by Mike Healy, seconded by Teresa Barrett.
10
11 Vote: Motion carried 7-0
12
13 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
14 Mike Healy; Gabe Kearney; Tiffany Renee
15 No: None
16 Abstain: None
17 Absent: None
18
19 Item 5.8 was heard next:
20
21 5. NEW BUSINESS
22
23 B. Resolution 2012-163 N.C.S. to Approve the 2013 Downtown Petaluma Business
24 Improvement District Annual Report and Related Budget; Declaring the Intention
25 to Levy the 2013 Annual Assessment, and Setting a Public Hearing on the
26 Proposed 2013 Annual Assessment. (Mushallo)
27
28 Mayor Glass
29
30 Council Member Healy and Vice Mayor Renee.recused themselves and left the
31 dais.
32
33 Bill Mushallo, Finance Director
34
35 Council Member Albertson
36
37 Director Mushallo
38
39 Council Member Albertson
40
41 Director Mushallo
42
43 City Manager Brown
44
45 Council Member Albertson
46
47 Motion: Approve B. Resolution 2012-163 N.C.S. to Approve the 2013 Downtown
48 Petaluma Business Improvement District Annual Report and Related Budget;
49 Declaring the Intention to Levy the 2013 Annual Assessment, and Setting a Public
50 Hearing on the Proposed 2013 Annual Assessment.
51
52 Moved by David Glass, seconded by Teresa Barrett.
November 19, 2012 Vol. 46, Page 183
1
2 Vote: Motion carried 5-0
3
4 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
5 Gabe Kearney
6 No: None
7 Abstain: Mike Healy; Tiffany Renee
8 Absent: None
9
10 Council Member Healy and Vice Mayor Renee returned to the dais.
11
12 4. UNFINISHED BUSINESS
13
14 A. Introduction (First Reading) of Ordinance 2448 N.C.S. Approving New 15-Year
15 Franchise Agreement Between the City of Petaluma and Petaluma Refuse and
16 Recycling, Incorporated, an Affiliate of The Ratio Group of Companies, Inc., for
17 Solid Waste, Recyclable Materials and Yard Trimmings Services and Street
18 Sweeping Services; and Authorizing City Manager to Execute a Franchise
19 Agreement upon Satisfaction of the Conditions Precedent Contained in the
20 Ordinance. (St. John/Zimmer) - Co-nttnaecl frovwthe/Octo(>er 15, 2012 City
21 Cou,ncn;l/PCDSA Meet
22
23 Mayor Glass
24
25 City Manager Brown
26
27 Mayor Glass
28
29 Council Member Healy
30
31 City Attorney Danly
32
33 Council Member Healy
34
35 City Attorney Danly
36
37 Council Member Healy
38
39 Council Member Kearney
40
41 City Attorney Danly
42
43 Council Member Kearney
44
45 Council Member Barrett
46
47 City Manager Brown
48
49 Council Member Barrett
50
51 City Manager Brown
52
Vol. 46, Page 184 November 19, 2012
1 Council Member Barrett
2
3 City Manager Brown
4
5 Council Member Barrett
6
7 City Manager Brown
8
9 Mayor Glass
10
11 Council Member Healy
12
13 Mayor Glass
14
15 City Manager Brown
16
17 Mayor Glass
18
19 City Manager Brown
20
21 Mayor Glass
22
23 Vice Mayor Renee
24
25 City Manager Brown
26
27 Vice Mayor Renee
28
29 Mayor Glass
30
31 Council Member Harris
32
33 Mayor Glass
34
35 City Manager Brown
36
37 Council Member Barrett
38
39 Mayor Glass opened Public Comment on Item 4.A.
40
41 Pam Davis, Sonoma Compost, Petaluma, expressed her appreciation for the
42 continued flow of yard debris to Sonoma Compost.
43
44 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
45 4.A.
46
47 Mayor Glass
48
49 Council Member Healy
50
51 Council Member Harris
52
November 19, 2012 Vol. 46, Page 185
1 Council Member Albertson
2
3 Council Member Healy
4
5 City Attorney Danly
6
7 Mayor Glass
8
9 Richard Tegore
10
11 Mayor Glass
12
13 Council Member Barrett
14
15 John Warren, Accountant for the Ratto Group
16
17 Council Member Barrett
18
19 Mr. Warren
20
21 Council Member Barrett
22
23 Steve McCaffrey, Petaluma Refuse & Recycling, Inc.
24
25 Vice Mayor Renee
26
27 Mr. McCaffrey
28
29 City Manager Brown
30
31 Mayor Glass
32
33 Mr. McCaffrey
34
35 Mayor Glass
36
37 Council Member Albertson
38
39 Vice Mayor Renee
40
41 Council Member Kearney
42
43 Mayor Glass
44
45 Council Member Barrett
46
47 Mayor Glass
48
49 Motion: Approve A. Introduction (First Reading) of Ordinance 2448
50 N.C.S. Approving New 15-Year Franchise Agreement Between the City of
51 Petaluma and Petaluma Refuse and Recycling, Incorporated, an Affiliate of The
52 Ratto Group of Companies, Inc., for Solid Waste, Recyclable Materials and Yard
Vol. 46, Page 186 November 19, 2012
1 Trimmings Services and Street Sweeping Services; and Authorizing City Manager
2 to Execute a Franchise Agreement upon Satisfaction of the Conditions Precedent
3 Contained in the Ordinance.
4
5 Moved by Tiffany Renee, seconded by Gabe Kearney.
6
7 City Manager Brown asked Vice Mayor Renee to clarify that in Section 4.5.6 of the
8 franchise agreement, the sentence which currently reads, "The City Manager
9 may designate a facility for receipt of food waste collected by Contractor
10 hereunder from commercial customers" shall be revised to read, "The City may
11 designate a facility for receipt of food waste collected by Contractor hereunder
12 from commercial customers."
13
14 Vice Mayor Renee amended her motion to include that clarification; Council
15 Member Kearney amended his second:
16
17 Motion: Amend previous motion to Approve A. Introduction (First Reading)
18 of Ordinance 2448 N.C.S. Approving New 15-Year Franchise Agreement Between
19 the City of Petaluma and Petaluma Refuse and Recycling, Incorporated, an
20 Affiliate of The Ratto Group of Companies, Inc., for Solid Waste, Recyclable
21 Materials and Yard Trimmings Services and Street Sweeping Services; and
22 Authorizing City Manager to Execute a Franchise Agreement upon Satisfaction of
23 the Conditions Precedent Contained in the Ordinance, ayamended'to-revibe
24 the sentence in Sectio-w4.5.6 of the,fro tcYu%e&ureementwhickv
25 currently read* "The City Manager m.wy des-irate c(,facts sty for
26 receipt of food,wa4ste collected.by Contractor h.ereund.er from.
27 covwrnercialcuwtovnery'to-read "The CityMa,napex may de,if-nwtew
28 fa.cila ty for receipt of food,wa4te collected,by Contractor hereunder
29 from/commercial,ca, s towers.
30
31 Moved by Tiffany Renee, seconded by Gabe Kearney.
32
33 Council Member Healy
34
35 Mayor Glass
36
37 City Attorney Danly
38
39 Mayor Glass
40
41 Council Member Harris
42
43 Council Member Barrett
44
45 Mayor Glass
46
47 Vice Mayor Renee
48
49 Vote: Motion carried 5-2
50
51 Yes: Chris Albertson; David Glass; Mike Harris;
November 19, 2012 Vol. 46, Page 187
1 Gabe Kearney; Tiffany Renee
2 No: Teresa Barrett; Mike Healy
3 Abstain: None
4 Absent: None
5
6 Vice Mayor Renee recused herself and left the meeting.
7
8 5. NEW BUSINESS, cont" e i
9
10 A. Resolution 2012-164 N.C.S. Stating Local Support for MTC Discretionary Funding,
11 Authorizing the Filing of an Application for Funding Assigned to MTC, Committing
12 any Necessary Matching Funds and Stating the City of Petaluma's Assurance to
13 Complete the Project. (St. John/Zirnmer)
14
15 Larry Zimmer, Capital Improvements Engineering Manager, Public Works and
16 Utilities Department
17
18 Council Member Healy
19
20 Mr. Zirnmmer
21
22 Mayor Glass
23
24 Mr. Zimmer
25
26 Mayor Glass
27
28 Mr. Zimmer
29
30 Council Member Harris
31
32 Mr. Zimmer
33
34 Mayor Glass
35
36 Mr. Zimmer
37
38 Council Member Healy
39
40 Mr. Zimmer
41
42 Council Member Healy
43
44 Mayor Glass
45
46 Council Member Albertson
•
47
48 Mr. Zimmer
49
50 Council Member Albertson
51
52 Mr. Zimmer
Vol. 46, Page 188 November 19, 2012
1
2 Council Member Albertson
3
4 Council Member Kearney
5
6 Mr. Zimmer
7
8 Council Member Kearney
9
10 Mr. Zimmer
11
12 Council Member Barrett
13
14 Mayor Glass
15
16 Mr. Zimmer
17
18 Council Member Healy
19
20 Mr. Zimmer
21
22 Council Member Healy
23
24 Mr. Zimmer
25
26 Mayor Glass
27
28 Mayor Glass opened Public Comment on Item 5.A.
29
30 Ed Maas, Petaluma, discussed the impacts to Petaluma businesses and said
31 he felt driver education would be more useful.
32
33 Patricia Tuttle Brown, Petaluma, congratulated Council Members for their recent
34 re-election, and explained that she felt ecstatic towards the proposed project.
35
36 Marie McCusker, Petaluma Downtown Association, spoke of her appreciation for
37 Larry Zimmer's work on the Road Diet. Asked the Council to consider the impact
38 of downtown and include the Petaluma Downtown Association as part of the
39 collaboration on the project.
40
41 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
42 5.A.
43
44 Mayor Glass
45
46 Council Member Barrett
47
48 Motion: Approve A. Resolution of Local Support for MTC Discretionary Funding for
49 the One Bay Area Grant to Extend the Road.Diet on Petaluma Boulevard South to
50 Approximately Mc-Near-Avenue the Traffic Circle, a4'a.mended.to-cha.nO-ethe
51 wordy"to-Approrttnately McN ear-Avenue,to-read"to-Approximately
52 the,Traffic Circles" a,n d to-d;,rect staff to-begin'Immediately with.
November 19, 2012 Vol. 46, Page 189
1 outreach to-the/ffetaau na'Downtown,Asioc+a—uma.nd'other
2 neC Bork i.44/the project area
3
4 Moved by Teresa Barrett, seconded by Chris Albertson.
5
6 Vote: Motion failed 3-3 •
7
8 Yes: Chris Albertson;Teresa Barrett; David Glass
9 No: Mike Harris; Mike Healy; Gabe Kearney
10 Abstain: None
11 Absent: Tiffany Renee
12
13 Council Member Healy
14
15 Council Member Harris
16
17 Mayor Glass
18
19 Motion: Approve A. Resolution 2012-164 N.C.S. Stating Local Support for MTC
20 Discretionary Funding, Authorizing the Filing of an Application for Funding
21 Assigned to MTC, Committing any Necessary Matching Funds and Stating the City
22 of Petaluma's Assurance to Complete the Project.
23
24 Moved by Mike Healy, seconded by Gabe Kearney.
25
26 Vote: Motion carried 6-0
27
28 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
29 Mike Healy; Gabe Kearney
30 No: None
31 Abstain: None
32 Absent: Tiffany Renee
33
34 Mr. Zimmer
35
36 ADJOURN
37
38 Motion: Adjourn the meeting.
39
40 Moved by Gabe Kearney, seconded by Chris Albertson.
41
42 Vote: Motion carried 6-0
43
44 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
45 Mike Healy; Gabe Kearney
46 No: None
47 Abstain: None
48 Absent: Tiffany Renee
49
50 The meeting was adjourned at 9:50 p.m.
51
•
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Vol. 46, Page 190 November 19, 2012
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