HomeMy WebLinkAboutCity Council Minutes 05/02/2005May 2, 2005 Vol. 41, Page 63
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a City of Petaluma, California
MEETING OF THE PETALUMA CITY COUNCIL/
rss$ PETALUMA COMMUNITY DEVELOPMENT COMMISSION
1 City Council/PCDC Minutes
2 Monday, May 2, 2005
3 Regular Meeting
4 MAY 2, 2005
5 AFTERNOON SESSION
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8 CALL TO ORDER - 3:00 p.m.
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10 A. Roll Call
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12 Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy,
13 Karen Nau, Mike O'Brien, Pamela Torliatt
14 Absent: None
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16 B. Pledge of Allegiance
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18 Council Member O'Brien
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20 PUBLIC COMMENT
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22 None.
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24 COUNCIL COMMENT
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26 Council Member Torliatt
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28 CITY MANAGER COMMENT
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30 City Manager Bierman
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32 AGENDA CHANGES AND DELETIONS
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34 None.
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36 1. APPROVAL OF MINUTES
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38 A. City Council Minutes of April 9, 2005.
39 B. City Council/PCDC Minutes of April 18, 2005.
40 C. City Council Minutes of April 25, 2005.
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Vol. 41, Page 64
May 2, 2005
1 MOTION: Approve City Council Minutes of April 9, 2005, City
2 Council/PCDC Minutes of April 18, 2005, and City Council Minutes of April
3 25, 2005, as presented, with Council Member O'Brien abstaining on the
4 April 9, 2005 Minutes.
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6 Moved by Pamela Torliatt, seconded by Mike Harris.
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Vote: Motion carried 7-0.
Yes: Keith Canevaro; David Glass; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: None
Abstain: Mike O'Brien (April 9, 2005 Minutes only)
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for City Council/PCDC Regular
Meeting of May 16, 2005.
Vice Mayor Harris
Mayor Glass
Council Member Healy
Council Member Torliatt
City Manager Bierman
Council Member Torliatt
MOTION: Approve Proposed Agenda for City Council/PCDC
Regular Meeting of May 16, 2005. Council consensus that the City
Manager may, at his discretion, move the evening item to the
afternoon and cancel the evening session.
Moved by Mike Healy, seconded by Pamela Torliatt.
Vote: Motion carried 7-0.
Yes: Keith Canevaro; David Glass; Mike Harris; Mike
Healy; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: None
3. CONSENT CALENDAR
A. Introduction (First Reading) of Ordinance 2207 N.C.S. Approving an
Offer of an Exclusive Utility Easement to Pacific Gas and Electric
Company (PG&E), Southern Bell Companies (SBC) and Comcast,
Inc. for the Purposes of Installing and Maintaining "Dry" Public
Utility Lines Within City -Owned Land Shown as Parcel A of the
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4.
May 2, 2005
Vol. 41, Page 65
Stratford Place Subdivision - Phase 1 Final Map, Filed in Book 663,
Page 35 SCR. (Bates/Moore)
B. Resolution 2005-065 N.C.S. Approving Cooperative Agreement for
Development, Use and Maintenance of Petaluma Transit Mail with
County of Sonoma. (Beatty/Ryan)
MOTION: Approve Introduction (First Reading) of Ordinance 2207
N.C.S. and Resolution 2005-065 N.C.S.
Moved by Mike O'Brien, seconded by Mike Harris.
Vote: Motion carried 7-0.
Yes: Keith Canevaro; David Glass; Mike Harris; Mike
Healy; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: None
PUBLIC HEARING
A. Resolution 2005-066 N.C.S. Ordering Abatement of Nuisance
Consisting of Weeds Growing on Public/Private Property in the City
of Petaluma and Ordering the Fire Chief to Remove said Weeds by
Contract or His Own Forces. (Ginn)
Fire Marshal Mike Ginn
Mayor Glass
Council Member O'Brien
MOTION: Approve Resolution 2005-066 N.C.S. Ordering Abatement
of Nuisance Consisting of Weeds Growing on Public/Private
Property in the City of Petaluma and Ordering the Fire Chief to
Remove said Weeds by Contract or His Own Forces.
Moved by Mike O'Brien, seconded by Pamela Torliatt.
Vote: Motion carried 7-0.
Yes: Keith Canevaro; David Glass; Mike Harris; Mike
Healy; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: None
i
A. Recommendation to the Mayors' & Council members' Association,
Mayors' City Selection Committee, for the following Committee
appointment:
• Airport Land Use Commission (one position - four year term; to
fill the unexpired term of Vicki Vidak-Martinez which expires in
May 2006).
Vol. 41, Page 66
May 2, 2005
Recommendation to the Mayors' & Council members' Association,
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Board of Directors, for the following Committee appointments:
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Association of Bay Area Governments (ABAG) Executive Board
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(two positions - two year terms; current terms expire June 2005).
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County Agricultural Preservation and Open Space Advisory
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Committee (three positions - two year terms; current terms
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expire June 2005).
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County Human Services Commission (one position - two year
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term; current term expires June 2005).
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1 1 Mayor Glass
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13 MOTION: Support David Glass for appointment to the Airport Land
14 Use Commission.
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16 Moved by Mike Healy, seconded by Pamela Torliatt.
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18 Council Member Canevaro
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20 Council Member Nau
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22 Vote: Motion carried 5-2.
23 Yes: Keith Canevaro; David Glass; Mike Healy;
24 Mike O'Brien; Pamela Torliatt
25 No: Mike Harris; Karen Nau;
26 Absent: None
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28 MOTION: Support appointment of Steve Rabinowitsh, Santa Rosa
29 and Pamela Torliatt, Petaluma to the ABAG Executive Board;
30 support re -appointment of Jake Mackenzie, Rohnert Park, Kent
31 Mitchell, Healdsburg, and Gail Pardini-Plass, Cloverdale to County
32 Agricultural Preservation and Open Space Advisory Committee.
33 (No letters of interest were received for the County Human Services
34 Commission).
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36 Moved by Pamela Torliatt, seconded by Mike Healy.
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38 Vote: Motion carried 7-0.
39 Yes: Keith Canevaro; David Glass; Mike Harris; Mike
40 Healy; Karen Nau; Mike O'Brien; Pamela Torliatt
41 No: None
42 Absent: None
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44 B. Discussion and Possible Action on Appointment of Members to the
45 Transient Occupancy Tax (TOT) Council Subcommittee.
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47 Mayor Glass
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49 Council Member O'Brien
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51 Mayor Glass
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May 2, 2005
Council Member O'Brien
Council Member Canevaro
Vice Mayor Harris
Council Member Torliatt
Council Member Healy
Vol. 41, Page 67
MOTION: Appoint Council Member Canevaro, Vice Mayor
Harris, and Council Member O'Brien to the TOT Council
Subcommittee.
Moved by David Glass, seconded by Mike O'Brien.
Vote: Motion carried 7-0.
Yes: Keith Canevaro; David Glass; Mike Harris; Mike
Healy; Karen Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: None
C. Presentation/Distribution of Proposed 2005-2006 City of Petaluma
Budget. (Carmichael)
City Manager Bierman presented the preliminary FY 2005-06
budget.
Mayor Glass
ADJOURN TO CLOSED SESSION
City Attorney Rudnansky
PUBLIC COMMENT
a
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 Organization:
AFSCME, Petaluma Police Officers Association, Local 1415 IAFF, Public Safety
Mid -Management Association.
• CONFERENCE WITH LEGAL COUNSEL - Initiation of Litigation: (Government
Code §54956.9 (one matter)
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Vol. 41, Page 68
CALL TO ORDER - 7:00 p.m.
A. Roll Call
May 2, 2005
MAY 2, 2005
EVENING SESSION
Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy,
Karen Nau, Mike O'Brien, Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Council Member Canevaro
C. Moment of Silence
PROCLAMATIONS
First Annual Service to Pets Award Honoring Stephanie Hartman.
Council Member Torliatt
Nancee Tavares, Animal Services Manager
Mayor Glass
Declaring May 16-20 Bicycle to School/Work Week.
Bernie Album, Pedestrian and Bicycle Advisory Committee
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
PUBLIC COMMENT
Bryant Moynihan, Petaluma: Spoke about rehabilitating streets.
Nancee Tavares, Petaluma: Spoke about microchipping pets.
Sadonna Cody, Empire Waste Management: Petaluma River Clean Up and Spring
Clean Up Event.
Mayor Glass
COUNCIL COMMENT
Council Member Torliatt
Council Member Healy
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May 2, 2005
City Attorney Rudnansky
Council Member Healy
City Manager Bierman
Mayor Glass
CITY MANAGER COMMENT
Vol. 41, Page 69
City Manager Bierman announced that Item 713 would be heard before 7A.
6. NEW BUSINESS
A. Resolution 2005-067 N.C.S. Appointing David Rabbitt to the Site
Plan and Architectural Review Committee (SPARC). (Cooper)
Mayor Glass
Public Comment
Tammara Norman, Petaluma, SPARC applicant
Interim City Clerk Claire Cooper read the results of the ballots:
Mayor Glass: David Rabbitt
Council Member Canevaro: David Rabbitt
Vice Mayor Harris: David Rabbitt
Council Member Healy: David Rabbitt
Council Member Nau: David Rabbitt
Council Member O'Brien: Abstained
Council Member Torliatt: Tammara Norman
Council Member O'Brien
7. UNFINISHED BUSINESS
B. Discussion and Direction on Franchise Agreement with Empire
Waste Management.
City Manager Bierman
Mayor Glass
Public Comment
Sylvia Kader, Empire Waste Management employee: Labor
negotiations.
James Devlin, Empire Waste Management employee: Labor
Vol. 41, Page 70
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May 2, 2005
negotiations.
Pat O'Halloran, Operating Engineers Local Union No. 3: Labor
negotiations.
H.K. Pang, Operating Engineers Local Union No. 3: Labor
negotiations.
John Scoma, Empire Waste Management employee: Labor
negotiations.
Robyn Scoma, wife of Empire Waste Management employee:
Labor negotiations.
Roberto Garcia, United Farm Workers of America: Labor
negotiations.
Richard Coshnear, Instituto Sanchez Mendoza, Sebastopol:
Petaluma's chance to answer historical question, "Which Side Are
You On?"
Steve Benjamin, Operating Engineers Local Union No. 3: Honoring
workers.
Larry Edginton, Sacramento, Operating Engineers Local Union No.
3: Fairness, dignity, courage and conviction.
Denise Siedentopf, Santa Rosa, wife of Empire Waste Management
employee: Labor negotiations.
Greg Gunhelm, Operating Engineers Local Union No. 3: Labor
negotiations.
Ben Boyce, Sonoma, New Economy Working Solutions: In support
of union organization.
Alicia Sanchez, Instituto Sanchez Mendoza, Sebastopol: Labor
negotiations.
Caroline Banuelos, Sonoma County Latino Democratic Club, Santa
Rosa: Labor negotiations.
Alfredo Sanchez, Instituto Sanchez Mendoza, Sebastopol: Labor
negotiations.
Jesus Lozano, Instituto Sanchez Mendoza, Santa Rosa: Labor
negotiations.
Carlos Martinez, Empire Waste Management employee: Labor
negotiations.
Salvador Mendoza, via translator, United Farmworkers: Labor
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May 2, 2005
Vol. 41, Page 71
negotiations.
Angel Castillo, via translator, Empire Waste Management
employee: Labor negotiations.
Alex Mallonee, Santa Rosa, North Bay Labor Council: Labor
negotiations.
Leonard Cox, Empire Waste Management employee: Labor
negotiations.
John Barrett, Empire Waste Management employee: Labor
negotiations.
Chuck Giovanetti, Empire Waste Management employee: Labor
negotiations.
Michael Fiumara, Santa Rosa, attorney representing workers:
Discrimination against workers.
Frank Herrera, Sacramento, Operating Engineers Local Union No. 3:
Labor negotiations.
Naemi Rivas, Empire Waste Management employee: Labor
negotiations.
Vice Mayor Harris
Council Member Nau
Council Member Healy
Council Member Canevaro
Council Member Torliatt
Mayor Glass
MOTION: Require Empire Waste Management to deliver to the City
a signed agreement with Operating Engineers Local Union No. 3
by 9:00 a.m. on May 16, 2005. If they do not, the Council will give
direction to the City Manager at that evening's Council Meeting
regarding the next step to be taken on securing a franchise
agreement for the City. The franchise agreement with Empire
Waste Management, if it goes forward, is to include card check
neutrality and prompt binding arbitration on any allegations of
unfair labor practices.
Moved by David Glass, seconded by Mike Healy.
Council Member O'Brien
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Vol. 41, Page 72 May 2, 2005
Council Member Healy
City Attorney Rudnansky
Mayor Glass
City Attorney Rudnansky
Council Member Healy
Council Member Torliatt
Council Member O'Brien
City Manager Bierman
Council Member Torliatt
City Manager Bierman
Council Member Canevaro
Council Member Healy
Vote: Motion carried 7-0.
Yes: Keith Canevaro; David Glass; Mike Harris; Mike Healy; Karen
Nau; Mike O'Brien; Pamela Torliatt
No: None
Absent: None
A. General Plan 2025 - Conclusion of Discussion on the Draft Land Use Plan. (Tuft) -
This item was not heard and will be placed on the May 16, 2005 Council agenda.
ADJOURN
The meeting was adjourned at 9:05 p.m.
ATTEST:
/s/
Claire Cooper, CMC, Interim City Clerk
/s/
David Glass, Mayor