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HomeMy WebLinkAboutCity Council Minutes 02/05/20051 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 February 7, 2005 ALU a City of Petaluma, California MEETING OF THE PETALUMA CITY COUNCIL/ rs5$ PETALUMA COMMUNITY DEVELOPMENT COMMISSION City Council/PCDC Minutes Monday, February 7, 2005 - 3:00 p.m. Regular Meeting FEBRUARY 7, 2005 AFTERNOON SESSION CALL TO ORDER - 3:00 p.m. A. Roll Call Vol. 40, Page 431 Present: Keith Canevaro, Mike Harris, Mike Healy, Karen Nau, Mike O'Brien, Pamela Torliatt Absent: David Glass B. Pledge of Allegiance Council Member O'Brien PUBLIC COMMENT Gale Valentini, Petaluma, Chair, Butter and Egg Day Celebration: Spoke regarding the celebration, and gave a website address: butterandeggdays.com; and phone number: 763- OEGG for those interested in participating. Janice Cader-Thompson, Petaluma: Requested item 7B be heard before 7A. John Records, Petaluma, Committee on the Shelterless (COTS): Gave an update on the Mary Isaak Center. Sadonna Cody, Empire Waste Management: Spoke regarding their recent open house. COUNCIL COMMENT Council Member Torliatt Council Member Harris CITY MANAGER COMMENT None. AGENDA CHANGES AND DELETIONS (To current agenda only) 1 2 3 4 [[K 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 Vol. 40, Page 432 February 7, 2005 City Manager Bierman removed Consent Calendar Item 3.E. 2. APPROVAL OF MINUTES A. City Council Minutes of January 18, 2005. Council Member Torliatt noted that the meeting was adjourned in memory of Sharon White, not Sharon Wright. MOTION: Approve City Council Minutes of January 18, 2005. Moved by Pamela Torliatt, seconded by Mike Healy. Vote: Motion carried 6-0. Yes: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass City Council Minutes of January 22, 2005. (Public and Council Comment only) MOTION: Approve City Council Minutes of January 22, 2005. (Public and Council Comment only) Moved by Pamela Torliatt, seconded by Mike Healy. Vote: Motion carried 6-0. Yes: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass C. City Council/PCDC Minutes of January 24, 2005. Council Member Torliatt made the following corrections: Page 8, line 33, her name was not included in that comment; page 22, line 18, change to read, "He said he did not oppose the concept, but it needed a lot of work.", and page 23, line 23, she believed John Kinsella had made a comment which had not been included. MOTION: Approve City Council/PCDC Minutes of January 24, 2005. Moved by Pamela Torliatt, seconded by Mike O'Brien. Vote: Motion carried 6-0. Yes: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Council's Regular Meeting of February 28, 2005. l 2 3 4 [[K 12 13 14 15 16 |7 18 |9 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 February 7, 2005 Vol. 40, Page 433 MOTION: Approve toProposed Agenda for Council's Regular Meeting of February 28'20O5. Moved byPamela Todio1f.seconded byMike Healy. Vote: Motion carried 6-O. Yes: Keith Conevmno;Mike Harris; Mike Healy; Karen Nao;Mike {}'Bhon; Pumm|oTodio# No: None Absent: David Glass 3. CONSENT CALENDAR Council Member Torliatt noted she would be voting "no" on Item 3A and it was pulled for discussion. Council Member O'Brien pulled Item 3B for discussion. A. Resolution Accepting the Completion xfthe Tennis Court Resurfacing Project C40O805'for the k4oNearPark, Lucchesi Park and Del Oro Tennis Courts. (Can1 PuUodfordisoussion.-Rernowsdfoxdbcussion. Resolution in Support of the Gulf qfthe Fana|hones and Cordell Bonk National Marine Sanctuaries Boundary Modification and Protection Act, as Re -Introduced by U.S. Representative Lynn Woolsey, Which Would Extend Existing Boundaries Northward to the Sonoma/Mendocino County Line. The Primary Impact of this Bill Would BetoPermanently Ban Offshore Oil Drilling Along the Entire Sonoma County Coast. (Hom|y)-Removed for discussion. C. Adoption (Second Reading) ofOrdinance 2199N.C.S.Approving the Prezoning/Rezoning, Unit Development Plan and Development Standards for Ellis Creek Water Recycling Facility located ot4lO4Lakeville Highway, /\PNOO5-009- O23.O68-OOl-O23.O248`O25;O68-OlO-O26.and Ol7-l7O-O02'Fi|e-O4-ANX-O698-CR. (Moore/Borba) D. Resolution 2005-018 N.C.S. Amending the Classification and Compensation Plan byEstablishing the New Classification, Pay Range, and Unit Assignment of Housing Program Specialist and Abolishing the Classifications of Housing Coordinator and Housing Project Manager./Robbins/Ne1ted Removed from by City Manager Bierman. MOTION: Approve balance of Consent Calendar, item 3C Ordinance 2199 N.C.S. and item 3[}Resolution 2Q05-Ol8 N.C.S. Moved byMike Healy, seconded byMike Harris. Vote: Motion carried 6-O. Yeo: KoithConevoro; Mike Harris; Mike Healy; Karen Nnu; Mike [)'8hon;Pamela 1 2 3 4 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 Vol. 40, Page 434 No: None Absent: David Glass Items Removed for Discussion February 7, 2005 A. Resolution 2005-019 N.C.S. Accepting the Completion of the Tennis Court Resurfacing Project C400805, for the McNear Park, Lucchesi Park and Del Oro Tennis Courts. (Carr) MOTION: Approve Resolution 2005-019 N.C.S. Moved by Mike Harris, seconded by Keith Canevaro. Vote: Motion carried 5-1. Yes: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien No: Pamela Torliatt Absent: David Glass Resolution 2005-020 N.C.S. in Support of the Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act, as Re -Introduced by U.S. Representative Lynn Woolsey, Which Would Extend Existing Boundaries Northward to the Sonoma/Mendocino County Line. The Primary Impact of this Bill Would Be to Permanently Ban Offshore Oil Drilling Along the Entire Sonoma County Coast. (Healy) Council Member O'Brien Council Member Healy MOTION: Approve Resolution 2005-020 N.C.S. Moved by Mike Healy, seconded by Keith Canevaro. Vote: Motion carried 5-1. Yes: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Pamela Torliatt No: Mike O'Brien Absent: David Glass 4. UNFINISHED BUSINESS A. Motion for Reconsideration of Action Taken at the January 18, 2005 Special Council Meeting: Review, Discussion, and Action on Selection of Contractor for Refuse Collection and Disposal Services and Authorization for City Manager to Complete Franchise Agreement Negotiations. (Nau) City Attorney Richard Rudnansky explained that if the motion should pass, the actual reconsideration would be at a subsequent meeting. Public Comment John Hanania, Petaluma, encouraged Council to reconsider and asked to use Lucchesi Center to hold a meeting of all three proposers. 1 2 3 4 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 February 7, 2005 Vol. 40, Page 435 Ken Oku, Burlingame, on behalf of Operating Engineers Local No. 3, spoke in support of awarding the contract to NorCal Waste Systems, Inc. Barbara Cassidy, Petaluma, spoke in support of awarding the contract to NorCal Waste Systems, Inc. Dewey Thomas, Petaluma, spoke in opposition to awarding the contract to NorCal Waste Systems, Inc. Jim Cornwell, Petaluma, spoke in support of awarding the contract to Waste Management. Kim Donnelly, Petaluma, spoke in support of awarding the contract to NorCal Waste Systems, Inc. Paul Paddock, Sonoma Compost Company, compared proposals of three bidders with Sonoma Compost. David Keller, Petaluma, presented a list of rules Council should follow during this process to help restore trust in the process and the City. These included no private contacts with bidders during bidding and negotiations; ethics requirements to be included in the City's franchise agreement, and prohibition of campaign contributions by the contractee during the term of the franchise agreement. Paul Sherman, Petaluma, spoke in support of awarding the contract to NorCal Waste Systems, Inc. Ron Kinyon, Petaluma, spoke in opposition to awarding the contract to NorCal Waste Systems, Inc. John Legnitto, Norcal Waste Systems, spoke in support of awarding the contract to NorCal Waste Systems, Inc. Council Member Torliatt Bill Donahue, Petaluma, spoke in opposition to awarding the contract to NorCal Waste Systems, Inc. Council Member Torliatt Greg Gunheim, Operating Engineers Local No. 3, spoke in opposition to awarding the contract to Waste Management. Council Member Healy Jim Landa, Waste Management Tom Macias, Petaluma, Waste Management employee, spoke in support of awarding the contract to Waste Management. Michael Gross, GreenWaste Recovery, San Jose, spoke in support of awarding the contract to his company. Vol. 40, Page 436 February 7, 2005 1 2 Stephen Merel, Santa Rosa, spoke in support of awarding the contract to Waste 3 Management. 4 5 Cynthia Learned, Petaluma, spoke in support of awarding the contract to Waste 6 Management. 8 John Scoma, Santa Rosa, spoke in support of awarding the contract to Waste 9 Management. 10 I I John Barrett, city not stated, spoke in support of awarding the contract to Waste 12 Management. 13 14 Mark Steiner, Santa Rosa, spoke in support of awarding the contract to Waste 15 Management. 16 17 Rich Spediacci, city not stated, spoke in support of awarding the contract 18 to Waste Management. 19 20 Council Comment 21 22 Council Member Nau 23 24 Council Member Canevaro 25 26 Council Member Healy 27 28 Council Member O'Brien 29 30 Council Member Torliatt 31 32 Vice Mayor Harris 33 34 MOTION: (actual Motion made at the January 24, 2005 meeting) Reconsider 35 Action Taken at the January 18, 2005 Special Council Meeting: Review, 36 Discussion, and Action on Selection of Contractor for Refuse Collection and 37 Disposal Services and Authorization for City Manager to Complete Franchise 38 Agreement Negotiations. (Nau) 39 Moved by Karen Nau, seconded by Mike Healy. 40 41 Vote: Motion carried 6-0. 42 Yes: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; 43 Pamela Torliatt 44 No: None 45 Absent: David Glass 46 47 MOTION: Set a Special Meeting for Wednesday, February 23, 2005 at 7:00 p.m. for 48 Reconsideration of Action Taken at the January 18, 2005 Special Council 49 Meeting: Review, Discussion, and Action on Selection of Contractor for Refuse 50 Collection and Disposal Services and Authorization for City Manager to Complete 51 Franchise Agreement Negotiations. 1 2 3 4 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 5. February 7, 2005 Vol. 40, Page 437 Moved by Mike Healy, seconded by Keith Canevaro. Vote: Motion carried 6-0. Yes: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass PCDC Resolution 2005-01 Approving the Plans and Specifications Prepared by Pentagram Design and Redevelopment Staff, Approving the Project Budget, Awarding the Contract for the Petaluma Wayfinding Signs Project No. C200603. Estimated Maximum Total Project Cost: $270,900. Funded by Central Business District Fund (3300). (Marangella) (04:33 PM) Director of Economic Development and Redevelopment Paul Marangella presented the staff report. Public Comment Jeff Mayne, Petaluma Downtown Association, spoke in support of the project. Onita Pellegrini, Petaluma Area Chamber of Commerce, spoke in support of the project. Council Member O'Brien Council Member Torliatt MOTION: Approve PCDC Resolution 2005-01 Moved by Mike Healy, seconded by Mike Harris. Vote: Motion carried 6-0. Yes: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass NEW BUSINESS A. Resolution 2005-021 N.C.S. Approving the Form and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of Petaluma's Vehicle License Fee Receivable from the State and Directing and Authorizing Certain Other Actions in Connection Therewith. (Netter) (04:45 PM) Interim Finance Director Joe Netter presented the staff report. Vice Mayor Harris MOTION: Approve Resolution 2005-021 N.C.S. 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 Vol. 40, Page 438 February 7, 2005 Moved by Mike Healy, seconded by Keith Canevaro. Vote: Motion carried 6-0. Yes: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass 6. PUBLIC HEARING A. Introduction of Ordinance 2200 N.C.S. Amending Chapter 11. 12.150 of the Petaluma Municipal Code Authorizing Vehicle Code Enforcement on Private Property Located at: (a) The Theatre District Parking Garage and (b) The Basin Street Town Center Parking Lot. (Netter) (04:52 PM) Interim Finance Director Joe Netter presented the staff report. Council Member Torliatt Council Member Healy Vice Mayor Harris City Attorney Rudnansky MOTION: Introduce Ordinance No. 2200 N.C.S. Moved by Mike Healy, seconded by Mike O'Brien. Vote: Motion carried 6-0. Yes: Keith Canevaro; Mike Harris; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass PUBLIC COMMENT CLOSED SESSION ■ PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957(e): City Manager. ■ CONFERENCE WITH LABOR NEGOTIATOR: Government Code §54957.6. Agency Negotiator: Michael Bierman/Pamala Robbins. Employee Organizations: AFSCME, IAFF Local 1415 and the Petaluma Police Officers Association. ■ CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Government Code §54956.9(a)) - North Bay Construction, Inc. vs. Hronec et al. Court of Appeal, First Appellate District Case # Al 08933 - Bramblett l 2 3 4 5 6 7 8 9 lO ll 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 February 7, 2005 Vol. 40, Page 439 et al. vs. City of Petaluma et al. Sonoma County Superior Court Case # MCV 174982 FEBRUARY 7, 2005 EVENING SESSION Present: Keith Cmnevoro, Mike Healy, Konen Nou. Mike O'Brien, PomeloTodaM Absent: David Glass, Mike Harris B. Pledge of Allegiance C. Moment ofSilence PROCLAMATION Council Member Torliatt read the proclamation, which thanked Alba Silva for her lifetime of service tothe community and wished her ahappy 9lstbirthday. REPORT OUT OF CLOSED SESSION Noreportable action taken. PUBLIC COMMENT Bill Phillips, Petaluma, Petaluma Tomorrow, thanked Council for their cooperation onthe initiative for campaign finance reform. COUNCIL COMMENT Council Member O'Brien CITY MANAGER COMMENT None. 7. UNFINISHED BUSINESS A. Paula Lane Subdivision: Discussion and Possible Action Regarding a Recommendation from the Planning Commission toDeny oRequest for General Plan Amendment, Prezoning, Tentative Subdivision Map, and Mitigated Negative Declaration for a 21 -Unit Residential subdivision Located at 431 Paula Lane, at the Corner ofPaula Lane and Sunset Drive. APNOl9-080-0U9&Ol0.Project Fi|es Irene Borba, Senior Planner, presented the staff report. Steve Ryder, Mission Valley Properties, presontedorovisedp|nnfnrtho 1 2 3 4 ��� 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 Vol. 40, Page 440 February 7, 2005 development to Council. Submitted documents to Council. Public Comment Norma Billing, Petaluma, spoke in opposition to the development. Carrissa Bishop -Sage, Petaluma, spoke in opposition to the development. Charles Carle, Petaluma, spoke in opposition to the development. Susan Kirks, Petaluma, Paula Lane Action Network, spoke in opposition to the development. Council Member Healy Ms. Kirks spoke about the Open Space District's matching grants programs. Julian Podbereski, Petaluma, Paul Lane Action Network, spoke in opposition to the development. Paige Swartley, Petaluma, environmental attorney with Brent, Holley, Glen Ellen, representing the Paula Lane Action Network, spoke in opposition to the development. Council Member Canevaro Ms. Swartley Council Member O'Brien Ms. Swartley Council Member O'Brien Kim Fitts, Bioconsultants LLC, mammal biologist for the Paula Lane Action Network, spoke in opposition to the development. Lawrence Jordan, Petaluma, spoke in opposition to the development. Joanna McClure, San Francisco and Petaluma, spoke in opposition to the development. Rollin Bruce, Petaluma, spoke in opposition to the development. Betsy Ginkel, Petaluma, spoke in opposition to the development. Steve Rubardt, Petaluma, spoke in opposition to the project. Art Melling, Petaluma, spoke in opposition to the development. Greg Colvin, Petaluma, Petalumans for Responsible Planning, spoke in opposition to the development. 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 February 7, 2005 Vol. 40, Page 441 Cindy Thomas, Petaluma, spoke in opposition to the development. Janice Cader-Thompson, Petaluma, spoke in opposition to the development. Dirk Atkinson, Petaluma, spoke in opposition to the development. Steve Ryder, Mission Valley Properties, stated Mission Valley Properties is exceeding the requirements of the state. Margo Bradish, attorney, Cox, Castle, and Nicholson, LLP, San Francisco, Land Use Attorney for Mission Valley Properties, told Council it was their decision if EIR was needed. Al Cornwell, Petaluma, spoke in opposition to the development. Council Comment Council Member Torliatt Council Member Nau Council Member Healy Council Member Canevaro Council Member O'Brien Council Member Torliatt Council Member Healy Council Members Canevaro and O'Brien Mike Moore, Director of Community Development Council Member Healy Mr. Moore Mr. Moore Council Member Torliatt Council Member Torliatt Council Member Canevaro Council Member Torliatt Mr. Moore 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 Vol. 40, Page 442 P1. February 7, 2005 Council Member Healy Council Member Torliatt Council Member Torliatt Mr. Moore MOTION: Approve send the revised project to the Planning Commission for review. Moved by Keith Canevaro, seconded by Karen Nau. Vote: Motion carried 3-2. Yes: Keith Canevaro; Karen Nau; Mike O'Brien No: Mike Healy; Pamela Torliatt Absent: David Glass; Mike Harris Presentation and Discussion Regarding the Ellis Creek Water Recycling Facility. (Ban/Orr) (09:20 PM) Mike Ban, Director of Water Resources and Conservation, introduced the staff report. Margaret Orr, Engineering Manager, Water Resources and Conservation Department, presented the new facility. Patricia Johansen, Environmental Artist Mr. Ban -0--itr4pe-T1111, =-1 I Gerald Moore, Petaluma Wetlands Alliance, spoke in support of the project. Wayne Till, Petaluma, Docent at Shollenberger Park, spoke in support of the project. David Yearsley, Petaluma River Keeper, spoke in support of the project. David Keller, Petaluma, spoke in support of the project. Janice Cader-Thompson, Petaluma, spoke regarding alternative aspects of the project. Stan Gold, Petaluma, spoke in support of the project. Council Comment Council Member Canevaro City Manager Bierman February 7, 2005 Vol. 40, Page 443 1 Council Member Healy 2 3 Council Member Healy 4 5 Ms. Orr 6 7 Bruce Presser, Covello Group, Inc. 8 9 Council Member Torliatt 10 1 1 Council Member Nau 12 13 Ms. Orr 14 15 Ms. Johansen 16 17 Sandy Reed 18 19 Council Member Canevaro 20 21 Mr. Ban 22 23 Council Member Torliatt 24 25 Mr. Ban 26 27 Council Member Torliatt 28 29 Council Member Healy 30 31 Mr. Ban 32 33 Council Member Healy 34 35 Council Member Torliatt 36 37 City Manager Bierman 38 39 Council Member Healy 40 41 Mr. Ban 42 43 Council Member Torliatt 44 45 Council Member Nau 46 47 Council Member Torliatt 48 49 Council took a five-minute break. 50 51 8. NEW BUSINESS 52 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 Vol. 40, Page 444 February 7, 2005 A. Public Meeting to Hear Testimony Regarding the Formation of a Landscape and Lighting Assessment District for the Stratford Park Subdivision (Anchordoguy/Carr): Resolution 2005-022 N.C.S. Proposing Formation of the Stratford Park Subdivision Landscape and Lighting Assessment District. Resolution 2005-023 N.C.S. of Preliminary Approval of Engineer's Report for Stratford Park Subdivision Landscape and Lighting Assessment District. Resolution 2005-024 N.C.S. Intention to Order the Lew and Collection of Assessments for Stratford Park Subdivision Landscape and Lightinq Assessment District. Ed Anchordoguy, Parks and Land Manager, presented the staff report. MOTION: Approve Resolution 2005-022 N.C.S., Resolution 2005-023 N.C.S. and Resolution 2005-024 N.C.S. Moved by Mike Healy, seconded by Keith Canevaro. Vote: Motion carried 5-0. Yes: Keith Canevaro; Mike Healy; Karen Nau; Mike O'Brien; Pamela Torliatt No: None Absent: David Glass; Mike Harris 4101W The meeting was adjourned at 11:00 p.m. ATTEST: /s/ Claire Cooper, Interim City Clerk /s/ Mike Harris, Vice Mayor /s/ Pamela Torliatt, Council Member ?I' 'ZIR