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HomeMy WebLinkAboutCity Council/PCDSA Minutes 10/15/2012 October 15, 2012 Vol. 46, Page 151 4 Y °At City of Petaluma, California MEETING OF THE CITY COUNCIL/ ;4 le PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY 18543 1 City Council/PCDSA Minutes 2 Monday, October 15, 2012 3 Regular Meeting 4 5 6 7 MONDAY, OCTOBER 15, 2012 8 CLOSED SESSION - 6:00 P.M. 9 10 11 CALL TO ORDER - CLOSED SESSION 12 13 A. Roll Call 14 15 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; 16 Gabe Kearney; Tiffany Renee 17 Absent: None 18 19 CLOSED SESSION 20 21 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 22 54957.6. Agency Designated Representatives: John Brown, Scott Brodhun, and Pamala 23 Stephens. Employee Organizations: AFSCME Unit 1 - Confidential, Unit 2 - Maintenance, Unit 3 24 - Clerical/Technical. 25 • CONFERENCE WITH LEGAL COUNSEL: Initiation of litigation pursuant to subdivision (c) of 26 California Government Code Section 54956.9: One potential case. 27 • CONFERENCE WITH LEGAL COUNSEL: Existing litigation pursuant to subdivision (a) of California 28 Government Code Section 54956.9: Edward Hogya, Plaintiff, v. City of Petaluma, Jason D. 29 Jucutan, Does 1-20, inclusive, Defendants. United States District Court, Northern District of 30 California, Case No. C12-0554RS. 31 32 PUBLIC COMMENT ON CLOSED SESSION ITEMS 33 34 None. 35 36 ADJOURN TO CLOSED SESSION 37 38 39 40 41 42 43 44 Vol. 46, Page 152 October 15, 2012 1 MONDAY, OCTOBER 15, 2012 2 EVENING SESSION-7400 7:20 P.M. 3 4 5 CALL TO ORDER- EVENING SESSION 6 7 A. Roll Call 8 9 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; 10 Gabe Kearney; Tiffany Renee 11 Absent: None 12 13 B. Pledge of Allegiance 14 15 Janice Cader-Thompson, Petaluma 16 17 C. Moment of Silence 18 19 AGENDA CHANGES AND DELETIONS (To Current Agenda Only) 20 21 Item 6.A was moved to be heard following Item 4.A. 22 23 PROCLAMATIONS 24 25 • Domestic Violence Awareness Month - October 2012 26 27 Mayor Glass 28 29 Madeleine Keegan O'Connell, Executive Director, YWCA Sonoma County 30 31 • National Massage Therapy Awareness Week - October 21-27, 2012 32 33 Mayor Glass 34 35 Stacey DeGooyer, Vice President of Law and Legislation, American Massage Therapy 36 Association, Redwood Empire Unit 37 38 • Red Ribbon Week - October 23-31, 2012 39 40 Mayor Glass 41 • 42 GENERAL PUBLIC COMMENT 43 44 John Cheney, Petaluma, discussed his concerns with the flooding issues in Petaluma. 45 46 Katherine Bobrowski, Petaluma, spoke regarding problems at the mobile home park where she 47 lives. 48 49 Janice Cader Thompson, Petaluma, discussed the settlement with Deer Creek Village. 50 51 52 October 15, 2012 Vol. 46, Page 153 1 COUNCIL COMMENT 2 3 Council Member Harris 4 5 Council Member Albertson 6 7 Vice Mayor Renee 8 9 Council Member Barrett 10 11 Mayor Glass 12 13 CITY MANAGER COMMENT 14 15 City Manager Brown 16 17 Vice Mayor Renee 18 19 City Manager Brown 20 21 Mayor Glass 22 23 Council Member Albertson 24 25 City Manager Brown 26 27 Council Member Albertson 28 29 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 30 31 None. 32 33 1. APPROVAL OF MINUTES 34 35 A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, October 36 1, 2012. 37 38 Motion: Approve A. Minutes of Regular City Council/PCDSA Meeting of Monday, 39 October 1, 2012, co,prebenteh. 40 41 Moved by Mike Healy, seconded by Mike Harris. 42 43 Vote: Motion carried 5-0 44 45 Yes: David Glass; Mike Harris; Mike Healy; Gabe Kearney; Tiffany Renee 46 No: None 47 Abstain: Chris Albertson; Teresa Barrett 48 Absent: None 49 50 51 52 Vol. 46, Page 154 October 15,2012 1 2. APPROVAL OF PROPOSED AGENDA 2 3 A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of 4 Monday, November 5, 2012. 5 6 Council M ember Barrett 7 8 Motion: Approve A. Proposed Agenda for Regular City Council/PCDSA Meeting 9 of Monday, November 5, 2012, asi cvinenalealitcr vnove the 2 nob readi. of 10 the,garbacie fen/litchi/se,areevne v z ord i,na,nce.frowv the'CONSENT 11 CALENDAR to-UNFINISHED BUSINESS. 12 13 Moved by Teresa Barrett, seconded by David Glass. 14 15 Vice Mayor Renee 16 17 Mayor Glass 18 19 Council Member Harris 20 21 Council Member Albertson 22 23 Council Member Healy 24 25 Council Member Barrett 26 27 Council Member Kearney 28 29 Mayor Glass 30 31 Vice Mayor Renee 32 33 Council Member Healy 34 35 Council Member Harris 36 37 Mayor Glass 38 39 Avn.ended.Motion: Approve A. Proposed Agenda for Regular City 40 Council/PCDSA Meeting of Monday, November 5, 2012, a1-annendethto-move 41 the'2 n.th readi nnd-of the'garbage/fraxtchivi ct reevne nt ordinance,front, 42 the/CONSENT CALENDAR to-UNFINISHED BUSINESS, adcba 43 proclanna tiow for U nA.ted.Natovvs-Day, and.a pre4entatIo-vv to-Council/ 44 by the'Yo tth.Covnrmi .. 45 46 Moved by Teresa Barrett, seconded by David Glass. 47 48 Council Member Harris 49 50 Council Member Barrett 51 October 15, 2012 Vol. 46, Page 155 1 Mayor Glass 2 3 Vote: Motion carried 7-0 4 5 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 6 Mike Healy; Gabe Kearney; Tiffany Renee 7 No: None 8 Abstain: None 9 Absent: None 10 11 Note/ Youth,Co ntim owPrebenta,tton,wad Later re roved.from the November 5 12 a fenda'by Co nctli come/sulks,wnd'wabbe,re/schecikaecb. 13 14 3. CONSENT CALENDAR 15 16 A. Resolution 2012-146 N.C.S. Accepting Completion of Work by City's Weed 17 Abatement Contractor and Authorizing the City Clerk to File a Notice of 18 Completion with the Sonoma County Clerk's Office and Authorizing City Staff to 19 Release the 10% Retention Fee for Services Performed by the City's Weed 20 Abatement Contractor. (Fergus) 21 22 B. Resolution 2012-149 N.C.S. Authorizing Award of a Professional Services 23 Agreement for the Development of the Shollenberger,Dredge and Disposal Site 24 Management Maintenance and Monitoring Plan.(St. John/Scherzinger) - Pulled' 25 for cb&saibb+;ow. 26 27 C. Resolution 2012-147 N.C.S. Approving Agreement with the County of Sonoma for 28 the Purpose of Conducting Consolidated Municipal Elections for the City of 29 Petaluma, and Authorizing the Mayor to Sign Said Agreement. (Cooper) 30 31 D. Resolution 2012-148 N.C.S. Authorizing the City Manager to Sign Agreement with 32 AT&T to Provide OptEMan Fiber Wide Area Network Services. (Brown/Williamsen) 33 34 Council Member Albertson 35 36 Council Member Harris 37 38 Mayor Glass 39 40 Mayor Glass opened Public Comment on CONSENT CALENDAR items. 41 42 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CONSENT 43 CALENDAR items. 44 45 Motion: Approve CONSENT CALENDAR Items 3.A, 3.C, and 3.D. 46 47 Moved by Gabe Kearney, seconded by Mike Harris. 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 156 October 15, 2012 1 No: None 2 Abstain: None 3 Absent: None 4 5 Council Member Albertson 6 7 City Manager Brown 8 9 Motion: Approve B. Resolution 2012-149 N.C.S. Authorizing Award of a Professional 10 Services Agreement for the Development of the Shollenberger Dredge and Disposal Site 11 Management Maintenance and Monitoring Plan. 12 13 Moved by Chris Albertson, seconded by Mike Healy. 14 15 Vote: Motion carried 7-0 16 17 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 18 Mike Healy; Gabe Kearney; Tiffany Renee 19 No: None 20 Abstain: None 21 Absent: None 22 23 4. UNFINISHED BUSINESS 24 25 A. Adoption (Second Reading) of Ordinance 2445 N.C.S. Authorizing an Amendment 26 to the California Public Employees' Retirement System Contract to Provide the 27 3%055 Full Formula and Three-Year Final Compensation to City of Petaluma Local 28 Safety Members Entering Membership for the First Time in the Safety Classification 29 after the Effective the Date of the Amendment to the Contract. (Brown/Stephens) 30 31 Mayor Glass 32 33 Motion: Approve A. Adoption(Second Reading) of Ordinance 2445 34 N.C.S. Authorizing an Amendment to the California Public Employees' Retirement 35 System Contract to Provide the 3%055 Full Formula and Three-Year Final 36 Compensation to City of Petaluma Local Safety Members Entering Membership 37 for the First Time in the Safety Classification after the Effective the Date of the 38 Amendment to the Contract. 39 40 Moved by Chris Albertson, seconded by Gabe Kearney. 41 42 Mayor Glass opened Public Comment on Item 4.A. 43 44 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 45 4.A. 46 47 Vote: Motion carried 7-0 48 49 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 50 Mike Healy; Gabe Kearney; Tiffany Renee 51 No: None 52 Abstain: None October 15, 2012 Vol. 46, Page 157 1 Absent: None 2 3 Item 6.A was heard next: 4 5 6. PUBLIC HEARING 6 7 A. Resolution 2012-150 N.C.S. Confirming the Cost of Abatement of Weeds and 8 Approving the Forwarding of Unpaid Bills to the County Assessor's Office for 9 Collection as Assessments. (Fergus) 10 11 Mayor Glass 12 13 Mayor Glass opened the PUBLIC HEARING on Item 6.A. 14 15 Seeing no persons wishing to speak, Mayor Glass closed the PUBLIC 16 HEARING on Item 6.A. 17 18 Motion: Approve A. Resolution 2012-150 N.C.S. Confirming the Cost of 19 Abatement of Weeds and Approving the Forwarding of Unpaid Bills to the County 20 Assessor's Office for Collection as Assessments. 21 22 Moved by Chris Albertson, seconded by Mike Harris. 23 24 Vote: Motion carried 7-0 25 26 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 27 Mike Healy; Gabe Kearney; Tiffany Renee 28 No: None 29 Abstain: None 30 Absent: None 31 32 5. NEW BUSINESS 33 34 A. Resolution 2012-151 N.C.S. Appointing Individuals to City Commissions and 35 Committees. (Cooper) 36 37 Mayor Glass 38 39 Motion: Approve A. Resolution 2012-151 N.C.S. Appointing Karen'{etenewto 40 the Public Art Committee to Serve a Four-Year Term Expiring June 30, 2016, and 41 Appointing KeeUn'Dober,Jhordy Govua,ora, and Dra.kzParettuto the Youth 42 Commission to Serve One-Year Terms Expiring June 30, 2013. 43 44 Moved by Mike Harris, seconded by Tiffany Renee. 45 46 Vote: Motion carried 7-0 47 48 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 49 Mike Healy; Gabe Kearney; Tiffany Renee 50 No: None 51 Abstain: None 52 Absent: None Vol. 46, Page 158 October 15, 2012 1 2 Council Member Albertson 3 4 Mayor Glass 5 6 City Clerk Cooper 7 8 Mayor Glass 9 10 B. Resolution 2012-152 N.C.S. Authorizing the City Manager to Enter Into a Lease 11 Purchase with Key Government Finance, Inc. on Behalf of Cisco Systems Capital 12 Corporation in the Amount of $117,025.09 Including Maintenance Agreement and 13 Execute All Other Documents Necessary to Purchase the Equipment, Software, 14 Installation and Maintenance Services from AMS.Net and Complete the Voice 15 System Server Replacement. (Brown/Williamsen) - Conti,rwect frovwthe, 16 Octaber 1, 2012 City COIAA4CGlWPCDSA Meet 17 18 Mayor Glass 19 20 Council Member Harris 21 22 Council Member Barrett 23 24 Mayor Glass recused himself and left the dais. 25 26 City Attorney Danly 27 28 Council Member Harris 29 30 Vice Mayor Renee 31 32 Vice Mayor Renee opened Public Comment on Item 5.B. 33 34 Seeing no persons wishing to speak, Vice Mayor Renee closed Public 35 Comment on Item S.B. 36 37 Motion: Approve B. Resolution 2012-152 N.C.S. Authorizing the City Manager to 38 Enter Into a Lease Purchase with Key Government Finance, Inc. on Behalf of Cisco 39 Systems Capital Corporation in the Amount of $117,025.09 Including Maintenance 40 Agreement and Execute All Other Documents Necessary to Purchase the 41 Equipment, Software, Installation and Maintenance Services from AMS.Net and 42 Complete the Voice System Server Replacement. 43 44 Moved by Gabe Kearney, seconded by Mike Harris. 45 46 Vote: Motion carried 6-0 47 48 Yes: Chris Albertson; Teresa Barrett; Mike Harris; 49 Mike Healy; Gabe Kearney; Tiffany Renee 50 No: None 51 Abstain: David Glass 52 Absent: None October 15, 2012 Vol. 46, Page 159 1 2 Mayor Glass returned to the dais. 3 4 C. Introduction (First Reading) of an Ordinance Approving New 15-Year Franchise 5 Agreement Between the City of Petaluma and Petaluma Refuse and Recycling, 6 Incorporated, an Affiliate of The Ratio Group of Companies, Inc., for Solid Waste, 7 Recyclable Materials and Yard Trimmings Services and Street Sweeping Services; 8 and Authorizing City Manager to Execute a Franchise Agreement upon 9 Satisfaction of the Conditions Precedent Contained in the Ordinance. (St. 10 John/Zimmer) 11 12 Mayor Glass 13 14 City Manager Brown 15 16 Richard Tagore-Erwin, Principal, R3 Consulting Group, Inc., Sacramento 17 18 Mayor Glass 19 20 City Manager Brown 21 22 Council Member Harris 23 24 City Manager Brown 25 26 Council Member Harris 27 28 City Manager Brown 29 30 Council Member Harris 31 32 Mr. Tagore-Erwin 33 34 Mayor Glass 35 36 Mr. Tagore-Erwin 37 38 Mayor Glass 39 40 Council Member Harris 41 42 City Manager Brown 43 44 Council Member Harris 45 46 City Manager Brown 47 48 Mayor Glass 49 50 Mr. Tagore-Erwin 51 52 Mayor Glass Vol. 46, Page 160 October 15, 2012 1 2 Council Member Harris 3 4 Council Member Barrett 5 6 Vice Mayor Renee 7 8 Council Member Harris 9 10 Mayor Glass 11 12 Council Member Healy 13 14 City Manager Brown 15 16 Council Member Healy 17 18 Vice Mayor Renee 19 20 Mayor Glass 21 22 Vice Mayor Renee 23 24 Mr. Tagore-Erwin 25 26 Vice Mayor Renee 27 28 Mr. Tagore-Erwin 29 30 Vice Mayor Renee 31 32 City Manager Brown 33 34 Vice Mayor Renee 35 36 City Manager Brown 37 38 Vice.Mayor Renee 39 40 Mr. Tagore-Erwin 41 42 Vice Mayor Renee 43 44 City Manager Brown 45 46 Vice Mayor Renee 47 48 Mr. Tagore-Erwin 49 50 Vice Mayor Renee 51 52 Mr. Tagore-Erwin October 15, 2012 Vol 46, Page 161 1 2 Vice Mayor Renee 3 4 Council Member Barrett 5 6 Mayor Glass 7 8 City Manager Brown 9 10 Mr. Tagore-Erwin 11 12 Council Member Barrett 13 14 Mr. Tagore-Erwin 15 16 Council Member Barrett 17 18 Mr. Tagore-Erwin 19 20 Council Member Barrett 21 22 Mr. Tagore-Erwin 23 24 Council Member Barrett 25 26 City Manager Brown 27 28 Council Member Barrett 29 30 City Manager Brown 31 32 Council Member Barrett 33 34 Mr. Tagore-Erwin 35 36 Council Member Barrett 37 38 Council Member Kearney 39 40 Mayor Glass 41 42 Vice Mayor Renee 43 44 Council Member Albertson 45 46 City Manager Brown 47 48 Mayor Glass 49 50 Director of Public Works and Utilities Dan St. John 51 52 Mayor Glass Vol. 46, Page 162 October 15, 2012 1 2 Council Member Albertson 3 4 City Manager Brown 5 6 Council Member Albertson 7 8 Director St. John 9 10 Council Member Albertson 11 12 Mr. Tagore-Erwin 13 14 Council Member Albertson 15 16 Mr. Tagore-Erwin 17 18 City Manager Brown 19 20 Council Member Albertson 21 22 Council Member Barrett 23 24 Mayor Glass 25 26 Mayor Glass opened Public Comment on Item S.C. 27 28 Doug Chermak, Lozeau Drury LLP, Oakland;discussed the missing CEQA review of 29 the franchise agreement. 30 31 Mayor Glass 32 33 Vice Mayor Renee 34 35 Mr. Chermak 36 Vice Mayor Renee 37 38 Mayor Glass 39 40 City Attorney Danly 41 42 City Manager Brown 43 44 Mayor Glass 45 46 Peter L. Simon, Beyers Costin, Attorneys at Law, representing Petaluma Refuse and 47 Recycling. 48 49 Mayor Glass 50 51 Mr. Simon 52 October 15, 2012 Vol. 46, Page 163 1 Council Member Healy 2 3 Council Member Barrett 4 5 City Attorney Danly 6 7 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 8 on Item 5.C. 9 10 Vice Mayor Renee 11 12 Council Member Harris 13 14 Mayor Glass 15 16 Vice Mayor Renee 17 18 Mayor Glass 19 20 City Manager Brown 21 22 Mayor Glass 23 24 The,item way cov>.tunu.ed to-the,November 5, 2012 Regular CLty 25 CowncGl/PCV5A Meet m 26 27 D. Discussion and Direction Regarding Development of an Abandoned Residential 28 Property Registration Program. (Williams) 29 30 Police Chief Pat Williams 31 32 Council Member Harris 33 34 Chief Williams 35 36 Council Member Harris 37 38 Chief Williams 39 40 Council Member Albertson 41 42 Chief Williams 43 44 Council Member Albertson 45 46 Chief Williams 47 48 Mayor Glass 49 50 Chief Williams 51 52 Mayor Glass Vol. 46, Page 164 October 15, 2012 1 2 Chief Williams 3 4 Mayor Glass 5 6 Vice Mayor Renee 7 8 Chief Williams 9 10 Vice Mayor Renee 11 12 Chief Williams 13 14 Council Member Healy 15 16 Mayor Glass 17 18 Mayor Glass opened Public Comment on Item S.D. 19 20 Jeff Mayne, Sonoma Equity Lending and Excel Mortgage Solutions, Petaluma, 21 discussed the abandoned home ordinance and the fees associated with it. 22 23 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 24 S.D. 25 26 Chief Williams 27 28 Mayor Glass 29 30 Chief Williams 31 32 Vice Mayor Renee 33 34 Mayor Glass 35 36 City Manager Brown 37 38 Council Member Healy 39 40 City Attorney Danly 41 42 Council d trecto n.to-staff to-contuuie work,an a/draft ordinance 43 st✓vuaa.rto-thatuaet hby the/Ci,tyofDesert Hot Sprtnrf; Guild/to-brtng, 44 said draft to-Cou.ncil,for fi nhe r d iisS a,nd,directww on a,date 45 to-be,deternu.ne& 46 47 ADJOURN 48 49 Moved by Tiffany Renee, seconded by Mike Healy. 50 51 Council Member Healy 52 October 15, 2012 Vol. 46, Page 165 1 Mayor Glass 2 3 Motion: Adjourn the meeting. 4 5 Vote: Motion carried 7-0 6 7 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 8 Mike Healy; Gabe Kearney; Tiffany Renee 9 No: None 10 Abstain: None 11 Absent: None 12 13 The meeting was adjourned at 11:00 p.m. 14 15 16 17 18 A*. /",9d 19 :avid Glass, Mayor 20 21 22 23 24 ATTEST: 25 26 27 ) I 6 28 9 ' C Zvi 4 29 Claire Cooper, CMC, City Clew 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52