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Home My WebLink AboutStaff Report 1.A 12/05/2011Agenda Item # 1.A City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION Draft City Council/PCDC Minutes 1 Monday, November 21, 2011 2 Regular Meeting 3 4 5 MONDAY, NOVEMBER 21, 2011 6 CLOSED SESSION – 5:45 P.M. 7 8 CALL TO ORDER - CLOSED SESSION 9 10 A. Roll Call 11 12 Present: Chris Albertson; David Glass; Mike Harris; Mike Healy; 13 Gabe Kearney; Tiffany Renée 14 Absent: Teresa Barrett 15 16 CLOSED SESSION 17 18 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6. 19 Agency Designated Representatives: John Brown, Scott Brodhun, and Pamala Stephens. Employee 20 Organizations: AFSCME Unit 1 - Confidential, Unit 2 - Maintenance, Unit 3 - Clerical/Technical, Petaluma 21 Professional & Mid-Manager Association Unit 4 - Professional, Unit 9 - Mid-Managers, and Unit 11 - 22 Confidential, Peace Officers’ Association of Petaluma Unit 6 - Police, International Association of 23 Firefighters Local, 1415 Unit 7 - Fire and Petaluma Public Safety Mid-Management Association Unit 10 -24 Public Safety Mid-Managers. 25 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation 26 pursuant to subdivision (b) of Section 54956.9: 1 potential case. 27 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to 28 subdivision (c) of Section 54956.9: 1 potential case. 29 30 PUBLIC COMMENT ON CLOSED SESSION ITEMS 31 32 None. 33 34 ADJOURN TO CLOSED SESSION 35 36 37 MONDAY, NOVEMBER 21, 2011 38 EVENING SESSION – 7:00 P.M. 39 40 CALL TO ORDER - EVENING SESSION 41 42 A. Roll Call 43 44 Present: Chris Albertson; David Glass; Mike Harris; Mike Healy; 45 Vol. XX, Page 2 November 21, 2011 Gabe Kearney; Tiffany Renée 1 Absent: Teresa Barrett 2 3 B. Pledge of Allegiance 4 5 Sonoma County Supervisor David Rabbitt 6 7 C. Moment of Silence 8 9 Mayor Glass asked that the meeting be adjourned in memory of Officer Jim Capoot, Vallejo 10 Police Department. 11 12 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) 13 14 CONSENT CALENDAR Item 3.A was moved to NEW BUSINESS and renumbered as Item 4.D. 15 16 PRESENTATION 17 18 • Presentation on Sonoma County Budget (Supervisor David Rabbitt) 19 20 Sonoma County Supervisor David Rabbitt 21 22 Mayor Glass 23 24 Supervisor Rabbitt 25 26 Mayor Glass 27 28 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 29 30 None. 31 32 Mayor Glass 33 34 GENERAL PUBLIC COMMENT 35 36 Tim May, Sonoma County Library Commission, updated the Council on the Commission’s 37 activities and the Library’s holiday hours. 38 39 Council Member Renée 40 41 Mr. May 42 43 Katherine Bobrowski, Petaluma, spoke about problems at the mobile home park where she lives, 44 which she says does not have an on-site manager. 45 46 Peter Tscherneff, Petaluma, spoke about the Thanksgiving holiday. 47 48 Mayor Glass 49 50 November 21, 2011 Vol. XX, Page 3 COUNCIL COMMENT 1 2 Council Member Renée 3 4 Mayor Glass 5 6 Council Member Renée 7 8 CITY MANAGER COMMENT 9 10 None. 11 12 1. APPROVAL OF MINUTES 13 14 A. Approval of Minutes of Special City Council/PCDC Meeting of Monday, October 15 24, 2011. 16 17 Motion: Approve A. Minutes of Special City Council/PCDC Meeting of Monday, 18 October 24, 2011, as presented. 19 20 Moved by Mike Healy, seconded by Tiffany Renée. 21 22 Vote: Motion carried 5-0. 23 24 Yes: David Glass; Mike Harris; Mike Healy; 25 Gabe Kearney; Tiffany Renée 26 No: None 27 Abstain: Chris Albertson 28 Absent: Teresa Barrett 29 30 B. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, 31 November 7, 2011. 32 33 Motion: Approve B. Minutes of Regular City Council/PCDC Meeting of Monday, 34 November 7, 2011, as presented. 35 36 Moved by Gabe Kearney, seconded by Mike Healy. 37 38 Vote: Motion carried 5-0. 39 40 Yes: David Glass; Mike Harris; Mike Healy; 41 Gabe Kearney; Tiffany Renée 42 No: None 43 Abstain: Chris Albertson 44 Absent: Teresa Barrett 45 46 2. APPROVAL OF PROPOSED AGENDA 47 48 A. Approval of Revised Proposed Agenda for Regular City Council/PCDC Meeting of 49 Monday, December 5, 2011. ~ Revision No. 1 ~ Thursday, November 17, 2011. 50 51 Vol. XX, Page 4 November 21, 2011 Motion: Approve A. Revised Proposed Agenda for Regular City Council/PCDC 1 Meeting of Monday, December 5, 2011, as presented. 2 3 Moved by Gabe Kearney, seconded by Mike Harris. 4 5 Vote: Motion carried 6-0. 6 7 Yes: Chris Albertson; David Glass; Mike Harris; 8 Mike Healy; Gabe Kearney; Tiffany Renée 9 No: None 10 Abstain: None 11 Absent: Teresa Barrett 12 13 3. CONSENT CALENDAR 14 15 A. Adoption (Second Reading) of Ordinance2421 N.C.S. of the City Council of the 16 City of Petaluma Amending Petaluma Municipal Code Chapter 8.16 Governing 17 Garbage and Rubbish Disposal: A. Amending Section 8.16.060, Temporary 18 Contracts; Adding Section 8.16.065, Award of Franchises Without Competitive 19 Bidding; Amending Section 8.16.070, Award of Franchises With Competitive 20 Bidding; and Amending Section 8.16.080, Renewal of Competitively Bid Contract. 21 (Brown) ~ This item was moved to NEW BUSINESS and renumbered as Item 4.D. 22 23 B. Resolution 2011-158 N.C.S. Supporting the Recommendations made by the 24 Sonoma County Transportation Authority to the Metropolitan Transportation 25 Commission Regarding the Proposed “One Bay Area Grant.” (Zimmer) 26 27 Vice Mayor Healy 28 29 Motion: Approve B. Resolution 2011-158 N.C.S. Supporting the Recommendations 30 made by the Sonoma County Transportation Authority to the Metropolitan 31 Transportation Commission Regarding the Proposed “One Bay Area Grant.” 32 33 Moved by Mike Healy, seconded by Tiffany Renée. 34 35 Vote: Motion carried 6-0. 36 37 Yes: Chris Albertson; David Glass; Mike Harris; 38 Mike Healy; Gabe Kearney; Tiffany Renée 39 No: None 40 Abstain: None 41 Absent: Teresa Barrett 42 43 4. NEW BUSINESS 44 45 A. Resolution 2011-159 N.C.S. Encouraging Petaluma Lending Institutions to Put into 46 Action a Temporary Moratorium on Residential Foreclosure and Eviction 47 Processes from November 24, 2011 through December 30, 2011 January 1, 2012. 48 (Brown) 49 50 City Manager Brown 51 52 November 21, 2011 Vol. XX, Page 5 Public Comment on Item 4.A 1 2 Nathan Nies, Petaluma, encouraged Council to support the moratorium on 3 foreclosures. 4 5 Amy Hanks, Occupy Petaluma, thanked the Council for supporting the 6 foreclosure moratorium and presented foreclosure information. 7 8 John Cheney, Petaluma, spoke in support of the foreclosure moratorium and 9 presented information on “Occupy the Corners.” 10 11 Mayor Glass 12 13 Bonne Gaebler, Housing Administrator 14 15 Mayor Glass 16 17 Ms. Gaebler 18 19 Mayor Glass 20 21 Ms. Gaebler 22 23 Council Member Kearney 24 25 Ms. Gaebler 26 27 Council Member Kearney 28 29 Ms. Gaebler 30 31 Motion: Approve A. Resolution Encouraging Petaluma Lending Institutions to Put 32 into Action a Temporary Moratorium on Residential Foreclosure and Eviction 33 Processes from November 24, 2011 through December 30, 2011. 34 35 Moved by Mike Healy, seconded by Tiffany Renée. 36 37 Council Member Renée 38 39 City Attorney Danly 40 41 Council Member Renée proposed that the resolution be amended to change the 42 ending date from December 30, 2011 to January 1, 2012, and to revise the 7th 43 paragraph to read as follows: NOW, THEREFORE, BE IT RESOLVED that the Petaluma 44 City Council join in the effort of those institutions by declaring a “foreclosure 45 moratorium” during the period November 24, 2011 through January 1, 2012, by 46 having the Mayor write a letter to Mr. Edward J. DeMarco, Acting Director, 47 Federal Housing Finance Agency, requesting he direct institutions under the 48 conservatorship of the Federal Housing Finance Agency to postpone foreclosures 49 and auctions until January 2, 2012. 50 51 Vol. XX, Page 6 November 21, 2011 Motion: Amend previous motion and second and approve A. Resolution 2011-1 159 N.C.S. Encouraging Petaluma Lending Institutions to Put into Action a 2 Temporary Moratorium on Residential Foreclosure and Eviction Processes from 3 November 24, 2011 through December 30, 2011 January 1, 2012, as amended to 4 change the ending date from December 30, 2011 to January 1, 2012, and 5 revising the 7th paragraph to read as follows: NOW, THEREFORE, BE IT RESOLVED 6 that the Petaluma City Council join in the effort of those institutions by declaring a 7 “foreclosure moratorium” during the period November 24, 2011 through January 8 1, 2012, by having the Mayor write a letter to Mr. Edward J. DeMarco, Acting 9 Director, Federal Housing Finance Agency, requesting he direct institutions under 10 the conservatorship of the Federal Housing Finance Agency to postpone 11 foreclosures and auctions until January 2, 2012. 12 13 Moved by Mike Healy, seconded by Tiffany Renée. 14 15 Council Member Harris 16 17 Council Member Kearney 18 19 Council Member Albertson 20 21 Vice Mayor Healy 22 23 Council Member Renée suggested that a letter from Mayor Glass, on behalf of 24 Council, be sent to Sonoma County Sheriff Steve Freitas, requesting that his 25 department suspend evictions during the holidays, December 30, 2011 through 26 January 1, 2012. 27 28 Mayor Glass confirmed that there was Council consensus to send such a letter. 29 30 Council Member Renée 31 32 Mayor Glass 33 34 Vote: Motion carried 6-0. 35 36 Yes: Chris Albertson; David Glass; Mike Harris; 37 Mike Healy; Gabe Kearney; Tiffany Renée 38 No: None 39 Abstain: None 40 Absent: Teresa Barrett 41 42 B. C. Resolution 2011-158 N.C.S. Ordering the Vacation and Abandonment of a 10-foot 43 Wide Public Utility Easement at 1280 and 1340 North McDowell Boulevard, APN: 44 007-582-008 and 009. (Bates) ~ Item moved up in the agenda and renumbered 45 as Item 4.B with Revision No. 1 ~ Thursday, November 17, 2011. 46 47 Council Member Renée recused herself and left the dais. 48 49 Curt Bates, City Engineer 50 51 Mayor Glass 52 November 21, 2011 Vol. XX, Page 7 1 Motion: Approve B. Resolution 2011-158 N.C.S. Ordering the Vacation and 2 Abandonment of a 10-foot Wide Public Utility Easement at 1280 and 1340 North 3 McDowell Boulevard, APN: 007-582-008 and 009. 4 5 Moved by Gabe Kearney, seconded by Mike Harris. 6 7 Vote: Motion carried 5-0. 8 9 Yes: Chris Albertson; David Glass; Mike Harris; 10 Mike Healy; Gabe Kearney 11 No: None 12 Abstain: Tiffany Renée 13 Absent: Teresa Barrett 14 15 Council Member Renée returned to the dais. 16 17 C. B. Resolution 2011-161 N.C.S. Approving the Final Map for the East Washington Place 18 Project Located at 980 East Washington Street. (Bates) ~ Item moved to the end 19 of the agenda and renumbered as Item 4.C with Revision No. 1 ~ Thursday, 20 November 17, 2011. 21 22 Mayor Glass recused himself and left the dais. 23 24 Curt Bates, City Engineer 25 26 Council Member Renée 27 28 City Attorney Danly 29 30 Motion: Approve C. Resolution 2011-161 N.C.S. Approving the Final Map for the 31 East Washington Place Project Located at 980 East Washington Street. 32 33 Moved by Mike Harris, seconded by Chris Albertson. 34 35 Vote: Motion carried 4-1. 36 37 Yes: Chris Albertson; Mike Harris 38 Mike Healy; Gabe Kearney 39 No: Tiffany Renée 40 Abstain: David Glass 41 Absent: Teresa Barrett 42 43 Mayor Glass returned to the dais. 44 45 Mayor Glass 46 47 D. (Was Item 3.A) Adoption (Second Reading) of Ordinance 2421 N.C.S. of the City 48 Council of the City of Petaluma Amending Petaluma Municipal Code Chapter 49 8.16 Governing Garbage and Rubbish Disposal: A. Amending Section 8.16.060, 50 Temporary Contracts; Adding Section 8.16.065, Award of Franchises Without 51 Competitive Bidding; Amending Section 8.16.070, Award of Franchises With 52 Vol. XX, Page 8 November 21, 2011 Competitive Bidding; and Amending Section 8.16.080, Renewal of Competitively 1 Bid Contract. (Brown) 2 3 City Manager Brown 4 5 Public Comment on Item 4.D 6 7 David Keller, Petaluma, expressed his concern with the ordinance, calling it an 8 improper workaround, stating it should be voted on as the Charter indicates. 9 10 Lee Pierce, Industrial Carting, Santa Rosa, expressed his concern with the 11 ordinance and affirmed Industrial Carting’s interest in participating in the City of 12 Petaluma’s bidding process for garbage and rubbish disposal in 2016. 13 14 Vice Mayor Healy 15 16 Curtis Michelini, Industrial Carting, Santa Rosa, spoke of Industrial Carting’s 17 partnership with Green Waste, but stated the partnership was not honored with 18 the new contract. 19 20 Vice Mayor Healy 21 22 Mr. Michelini 23 24 Vice Mayor Healy 25 26 Herbert Terreri, Law Offices of H.L. Terreri, Healdsburg, representing Industrial 27 Carting, discussed the RFP process and the history and importance of it. 28 29 Mayor Glass 30 31 Council Member Albertson 32 33 City Attorney Danly 34 35 Council Member Albertson 36 37 City Attorney Danly 38 39 Mayor Glass 40 41 City Attorney Danly 42 43 Mayor Glass 44 45 Council Member Albertson 46 47 Vice Mayor Healy 48 49 November 21, 2011 Vol. XX, Page 9 Council Member Renée 1 2 Mayor Glass 3 4 Council Member Harris 5 6 Council Member Kearney 7 8 Mayor Glass 9 10 City Attorney Danly 11 12 Mayor Glass 13 14 Vice Mayor Healy 15 16 City Attorney Danly 17 18 Vice Mayor Healy 19 20 Mayor Glass 21 22 Council Member Harris 23 24 Motion: Call the question. 25 26 Moved by David Glass, seconded by Mike Healy. 27 28 Vote: Motion carried 4-2. 29 30 Yes: Chris Albertson; David Glass; Mike Healy; Gabe Kearney 31 No: Mike Harris; Tiffany Renée 32 Abstain: None 33 Absent: Teresa Barrett 34 35 Motion: Approve D. Adoption (Second Reading) of Ordinance 2421 N.C.S. of the 36 City Council of the City of Petaluma Amending Petaluma Municipal Code 37 Chapter 8.16 Governing Garbage and Rubbish Disposal: A. Amending Section 38 8.16.060, Temporary Contracts; Adding Section 8.16.065, Award of Franchises 39 Without Competitive Bidding; Amending Section 8.16.070, Award of Franchises 40 With Competitive Bidding; and Amending Section 8.16.080, Renewal of 41 Competitively Bid Contract. 42 43 Moved by Mike Healy, seconded by David Glass. 44 45 Vote: Motion carried 6-0. 46 47 Yes: Chris Albertson; David Glass; Mike Harris; 48 Mike Healy; Gabe Kearney; Tiffany Renée 49 No: None 50 Abstain: None 51 Absent: Teresa Barrett 52 Vol. XX, Page 10 November 21, 2011 1 Council Member Harris 2 3 Council Member Renée 4 5 Mayor Glass 6 7 ADJOURN 8 9 Motion: Adjourn the meeting. 10 11 Moved by David Glass, seconded by Gabe Kearney. 12 13 Vote: Motion carried 6-0. 14 15 Yes: Chris Albertson; David Glass; Mike Harris; 16 Mike Healy; Gabe Kearney; Tiffany Renée 17 No: None 18 Abstain: None 19 Absent: Teresa Barrett 20 21 The meeting was adjourned at 8:55 p.m. in memory of Officer Jim Capoot, Vallejo Police 22 Department. 23 24 25 26 27 ________________________________________ 28 D a v i d G l a s s , M a y o r 29 30 ATTEST: 31 32 33 34 ____________________________________________ 35 Claire Cooper, CMC, City Clerk 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52