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HomeMy WebLinkAboutStaff Report 1.B 01/24/20111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Agenda/Itevw# 1.3 City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION Y85a Draff City Council/PCDC Minutes Monday, January 3, 2011 Regular Meeting MONDAY, JANUARY 3, 2011 RECEPTION: CITY HALL FOYER - 6:00 P.M. RECEPTION for Newly Elected Mayor and Council Members. MONDAY, JANUARY 3, 2011 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7:00 P.M. 0 Council Members Barrett, Harris, Healy, and Ren6e; Vice Mayor Glass; Mayor Torliatt (Former Council Member Rabbitt was present to comment, but was not included in the roll call because he had already been sworn in as Sonoma County Supervisor) SWEARING-IN CEREMONY FOR SCHOOL BOARD TRUSTEES City Clerk Cooper swore in newly elected Petaluma Joint Union High School District Board Trustee Sheri Chlebowski and re-elected Trustees Mike Baddeley and Carolyn Tennyson. COUNCIL COMMENT Sonoma County Supervisor David Rabbitt Council Member Harris Council Member Barrett Vice Mayor Glass Council Member Ren6e Vol. XX, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Council Member Healy Mayor Torliatt January 3, 2011 iI7►'FiULAI 711]WA3t7i`iW►`,I141 Outgoing Mayor Pamela Torliatt swore in newly -elected Mayor David Glass. City Clerk Cooper swore in newly -elected Council Member Chris Albertson, and re-elected Council Members Teresa Barrett and Mike Harris. Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Tiffany Renee Absent: None AGENDA CHANGES AND DELETIONS (Current Agenda Only) Mayor Glass announced that Item 5.A would be heard next, as staff had requested that the item be continued to a date to be determined. 5. PUBLIC HEARING A. Public Hearing on Resolution Amending Master Fee Schedule for City Services to Add Updated Fees and Charges for Building Permits and Other Building Division Services and Repealing Previously Adopted and Conflicting Fees and Charges for such Building Division Services. (Brown/Hamer) - Continued from the December 6, 2010 Meeting Motion: Continue A. Public Hearing on Resolution Amending Master Fee Schedule for City Services to Add Updated Fees and Charges for Building Permits and Other Building Division Services and Repealing Previously Adopted and Conflicting Fees and Charges for such Building Division Services, to a date to be determined. Moved by Teresa Barrett, seconded by Mike Healy. City Attorney Danly Mayor Glass Vote: Motion carried 6-0. Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Tiffany Renee No: None Abstain: None Absent: None PROCLAMATION • Citizen Recognition: Nathan Olaf Andressen 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 3, 2011 Vol. XX, Page 3 Mayor Glass announced that this item would be rescheduled due to illness. PRESENTATIONS • The City of Petaluma -Ellis Creek Water Recycling Facility 2010 Wate Reuse Award of Merit. Pamela Tuft, Water Resources and Conservation Interim Director Mayor Glass Interim Director Tuft • Award of Presentation to Permalla Dental Care for Becoming the First Pollution Prevention Partner by Participating in the City of Petaluma's Voluntary Mercury Amalgam Recovery Program. (Tuft) Mayor Glass Pamela Tuft, Water Resources and Conservation Interim Director • Five -Year General Fund Fiscal Sustainability Study. (Puckett) Marc Puckett, Finance Director City Manager Brown Mayor Glass Council Member Harris Director Puckett Council Member Harris City Manager Brown Council Member Harris Council Member Renee City Manager Brown Mayor Glass City Manager Brown Mayor Glass Council Member Healy City Manager Brown Vol. XX, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Council Member Healy Council Member Barrett Council Member Albertson Director Puckett Council Member Albertson Director Puckett Council Member Albertson Council Member Renee Mayor Glass PUBLIC COMMENT January 3, 2011 Richard Shafii, Petaluma, said he has been given the run-around by the City Water Department and asked that someone be assigned to his case. Mayor Glass Wayne Clark, Petaluma, spoke about the various individuals representing the public on the State and County level. Zen Destiny, Petaluma, he stated that the Republicans' and Democrats' relationship with the tea party is kind of like an ex-wife; they try to destroy anything they can't control. Michael Orton, Petaluma, stated that the Council has quite a task ahead of them. He discussed bicycle baths and 101 and Petaluma Boulevard South interchange. Katherine Bobrowski, Petaluma, thanked Mayor Torliatt for coming to all the Relays for Life and congratulations to Council Members Albertson, Barrett, Harris, and Glass on election. Further, she spoke about vandalism in the Little Woods Mobile Home Park, where she lives. COUNCIL COMMENT Council Member Renee CITY MANAGER COMMENT City Manager Brown Mayor Glass City Manager Brown 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 F� January 3, 2011 APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of Monday, January 24, 2011. Council Member Barrett City Manager Brown Mayor Glass Vol. XX, Page 5 Motion: Approve A. Proposed Agenda for Regular City Council/PCDC Meeting of Monday, January 24, 2011, as amended to remove one instance of an item that was listed twice. Moved by Teresa Barrett, seconded by Mike Healy. Vote: Motion carried 6-0. Yes: Chris Albertson Tiffany Renee No: None Abstain: None Absent: None CONSENT CALENDAR Teresa Barrett; David Glass; Mike Harris; Mike Healy; A. Resolution 2011-001 N.C.S. to Accept Claims and Bills for November, 2010. (Puckett) Motion: Approve A. Resolution 2011-001 N.C.S. to Accept Claims and Bills for November, 2010. Moved by Mike Harris, seconded by Teresa Barrett. Vote: Motion carried 6-0. Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Tiffany Renee No: None Abstain: None Absent: None B. Resolution 2011-002 N.C.S. Approving Award of Contract for the 10th Street Water and Sewer Main Replacement Project. (Tuft/Gothard) Council Member Healy Remleh Scherzinger, Water Resources and Conservation Utility Engineering Manager Council Member Healy Vol. XX, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 C January 3, 2011 Mr. Scherzinger Council Member Healy Mr. Scherzinger Mayor Glass Mr. Scherzinger Mayor Glass Council Member Healy Mr. Scherzinger Council Member Healy Council Member Barrett Mr. Scherzinger City Manager Brown Mayor Glass City Manager Brown Mayor Glass Council Member Barrett Motion: Approve B. Resolution 2011-002 N.C.S. Approving Award of Contract for the 10th Street Water and Sewer Main Replacement Project. (Tuft/Gothard) Moved by Teresa Barrett, seconded by Tiffany Ren6e. Vote: Motion carried 5-1. Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Tiffany Ren6e No: Mike Healy Abstain: None Absent: None Resolution 2011-003 N.C.S. Authorizing the City of Petaluma to Accept a $200,000 Traffic Safety Grant from the California Office of Traffic Safety to Continue Impaired Driving Enforcement and Education Efforts. (Fish) January 3, 2011 Vol. XX, Page 7 Public Comment on Item 2.0 Zen Destiny, Petaluma, said he is opposed to the arbitrary detainment of our citizens without probable cause. Council Member Harris Motion: Approve C. Resolution 2011-003 N.C.S. Authorizing the City of Petaluma to Accept a $200,000 Traffic Safety Grant from the California Office of Traffic Safety to Continue Impaired Driving Enforcement and Education Efforts. (Fish) Moved by Mike Harris, seconded by Mike Healy. Council Member Renee Mayor Glass Council Member Healy Council Member Barrett Police Chief Dan Fish Council Member Barrett Chief Fish Council Member Barrett Chief Fish Council Member Barrett Chief Fish Council Member Barrett City Manager Brown Council Member Barrett Chief Fish City Manager Brown Council Member Barrett Chief Fish Council Member Barrett Chief Fish Vol. XX, Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 January 3, 2011 Mayor Glass City Manager Brown Mayor Glass Council Member Albertson Vote: Motion carried 6-0. Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Tiffany Renee No: None Abstain: None Absent: None 3. UNFINISHED BUSINESS A. Uraencv Ordinance 2394 N.C.S. Approving Amendment No.1 to Option Agreement between the City of Petaluma and Regency Petaluma LLC; and, Resolution 2011-004 N.C.S. Approving Right of Way Contract between Regency Petaluma LLC, the City of Petaluma and the State of California, Acting by and through its Director of Transportation. (Danly) Mayor Glass City Attorney Danly Mayor Glass City Attorney Danly Mayor Glass Vince Marengo, Public Works Director Council Member Healy Motion: Approve A. Uraencv Ordinance 2394 N.C.S. Approving Amendment No.1 to Option Agreement between the City of Petaluma and Regency Petaluma LLC; and, Resolution 2011-004 N.C.S. Approving Right of Way Contract between Regency Petaluma LLC, the City of Petaluma and the State of California, Acting by and through its Director of Transportation. Moved by Mike Healy, seconded by Mike Harris. Vote: Motion carried 6-0. Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Tiffany Renee No: None 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 4. January 3, 2011 Abstain: None Absent: None Council Member Renee NEW BUSINESS Vol. XX, Page 9 A. Resolution 2011-005 N.C.S. Appointing Mike Healy as Vice Mayor for 2011. (Cooper) Motion: Approve A. Resolution 2011-005 N.C.S. Appointing Mike Healy as Vice Mayor for 2011. Moved by Teresa Barrett, seconded by Mike Harris. Vote: Motion carried 6-0. Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Tiffany Renee No: None Abstain: None Absent: None B. Resolution Confirming Council Liaison Appointments. (Cooper) Motion: Approve B. Resolution Confirming Council Liaison Appointments, as presented. Moved by Teresa Barrett, seconded by Tiffany Ren6e. Council Member Harris Mayor Glass Council Member Ren6e Council Member Harris Mayor Glass Council Member Albertson Mayor Glass Vice Mayor Healy Mayor Glass Vice Mayor Healy Mayor Glass Vol. XX, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 C January 3, 2011 Council Member Barrett Council Member Renee Council Member Barrett Mayor Glass Council Member Renee Mayor Glass Vote: Motion failed 3-3. Yes: Teresa Barrett; David Glass; Tiffany Renee No: Chris Albertson Mike Harris; Mike Healy Abstain: None Absent: None Discussion and Possible Action Regarding Council Vacancy. (Brown) Mayor Glass Public Comment on Item 4.0 Robert Ramirez, Petaluma, encouraged the Council to appoint Jason Davies to fill the vacancy on Council. Zen Destiny, Petaluma, asked that the Council not punt the issue to a special election, and said, "Don't hide behind the citizenry to avoid a difficult decision." Heidi Rhymes, Petaluma, suggested that the Charter be amended to say that a vacancy would be filled by the next highest vote -getter. Until then, she encouraged the Council to appoint Jason Davies to fill the vacancy. Dave Libchitz, Petaluma, said half an hour ago he had a different speech and stated he is not a "happy camper." He suggested appointing the fourth place finisher because it gives the public a voice. Tom Brown, Petaluma, told Council his wife says his tombstone will say "Ever Hopeful." He said he would like to see Jason Davies appointed to the vacant seat. Allen Pendley, Petaluma, spoke in support of Jason Davies for the appointment. Bill Phillips, Petaluma, read from the Economic Development Strategy Plan and the importance of technology and communications jobs and spoke of Jason Davies and his qualifications for the vacant seat on Council. Jerry Price, Petaluma, spoke in support of appointing Jason Davies. January 3, 2011 Vol. XX, Page 1 1 1 Katherine Bobrowski, Petaluma, said that the Council should choose the 2 right person who will go out and investigate the problems and correct them. 3 4 Thom Butler, Petaluma, congratulated the newly elected and re-elected and 5 spoke in support of appointing Jason Davies. Valerie Williams, Petaluma, said the people of Petaluma have already selected the next member of Council, Jason Davies. 10 Victor Chechanover, Petaluma, said that as a great believer in democracy and 11 someone who did not vote for Jason Davies, he still believes that democracy 12 requires that you appoint Jason Davies as the next highest vote getter. 13 Moved by Teresa Barrett, seconded by Tiffany Renee. 14 Cecily Wallace, Petaluma, proposed to the Council that a special election should 15 not occur as the charter says the Council shall appoint someone to fill the seat. 16 She called upon the Mayor and Council to start the new year, a new 17 decade, with a new outlook and a new spirit of cooperation. 18 19 Dale Axelrod, Petaluma, said there were three options; an appointment of 20 someone other than Jason Davies, appoint Jason Davies, or continue in this 3/3 21 split. Despite what happened with Mayor's proposal for liaison appointments, he 22 still thought it possible to carry on as a six -person Council. 23 Vice Mayor Healy 24 Jason Davies, Petaluma, congratulated Mayor Glass and newly elected and re - 25 elected Council Members Albertson, Barrett, and Harris. He said he believes he 26 has needed skills for filling the Council vacancy. 27 Council Member Harris 28 John Hanania, Petaluma, he said he came down to see how everyone would get 29 along, and frankly, he was disappointed. He said a special election will not do 30 the City any good. He further stated that each member of Council is different, 31 but they need to work together to accomplish anything. 32 Council Member Barrett 33 34 Motion: Approve Appointment of Jason Davies to complete the unexpired 35 Council Member term, expiring December 31, 2012. 36 37 Moved by Teresa Barrett, seconded by Tiffany Renee. 38 39 Council Member Albertson 40 41 Council Member Harris 42 43 Vice Mayor Healy 44 45 Mayor Glass 46 47 Vice Mayor Healy 48 49 Mayor Glass 50 51 Council Member Harris 52 Vol. XX, Page 12 January 3, 2011 Mayor Glass Motion: Call for the question on the motion on the table. Moved by Tiffany Ren6e, seconded by David Glass. Council Member Barrett Vote: Motion carried 5-1. Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; No: Tiffany Ren6e No: Mike Healy Abstain: None Absent: None Vote: Motion failed 3-3. Yes: Teresa Barrett; David Glass; Tiffany Ren6e No: Chris Albertson Mike Harris; Mike Healy Abstain: None Absent: None Council Member Albertson Mayor Glass Motion: Approve continuing the meeting past 11:00 p.m., in accordance with Council's Rules, Policies, and Procedures Moved by Teresa Barrett, seconded by David Glass. Vote: Motion carried 6-0. Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Tiffany Ren6e No: None Abstain: None Absent: None Mayor Glass Vice Mayor Healy Council Member Ren6e City Attorney Danly Mayor Glass City Attorney Danly January 3, 2011 City Manager Brown Mayor Glass Vice Mayor Healy Council Member Barrett Mayor Glass Council Member Barrett City Attorney Danly City Manager Brown Vice Mayor Healy Council Member Harris Council Member Barrett Council Member Harris Council Member Barrett Council Member Albertson Mayor Glass Council Member Albertson Mayor Glass Council Member Harris Council Member Renee Vice Mayor Healy Council Member Barrett Mayor Glass City Manager Brown Council Member Barrett Council Member Renee Mayor Glass Vol. XX, Page 13 Vol. XX, Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 January 3, 2011 Vice Mayor Healy Mayor Glass announced that there was Council consensus to release the application form, as amended, and to hold a Special City Council Meeting on Monday, January 31, 2011, at 6:00 p.m. to review the applications. City Manager Brown confirmed that the deadline for submitting applications to fill the vacancy on Council would be Thursday, January 20, 2011, at 5:00 p.m. MONDAY, JANUARY 3, 2011 CLOSED SESSION — FOLLOWING EVENING SESSION CLOSED SESSION - FOLLOWING EVENING SESSION Motion: Adjourn to CLOSED SESSION Moved by Mike Healy, seconded by Tiffany Ren6e. Vote: Motion carried 6-0. Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Tiffany Ren6e No: None Abstain: None Absent: None CLOSED SESSION • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant subdivision (b) of §54956.9 (California Government Code): one potential case. Existing facts and circumstances that support that a significant exposure to litigation exists are reflected in requests for additional compensation submitted by Kiewit Pacific Company to the City concerning the Ellis Creek Water Recycling Facility project. Compensation requests will be made available for public inspection on request. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ADJOURN TO CLOSED SESSION Council adjourned to CLOSED SESSION at 11:55 P.M. REPORT OUT OF CLOSED SESSION None. ADJOURN CLOSED SESSION was adjourned at 12:25 a.m. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 /a11II4 Claire Cooper, CMC, City Clerk January 3, 2011 David Glass, Mayor Vol. XX, Page 15