HomeMy WebLinkAboutCity Council Minutes 05/16/20051
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May 16, 2005
City of Petaluma, California
MEETING OF THE PETALUMA CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
City Council/PCDC Minutes
Monday, May 16, 2005
Regular Meeting
MAY 16, 2005
AFTERNOON SESSION
CALL TO ORDER - 3:00 p.m.
A. Roll Call
Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy,
Karen Nau, Mike O'Brien, Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Council Member Torliatt
SWEARING IN
Vincent Marengo was sworn in as the new Public Works Director.
PROCLAMATION
Declaring May 14-22,2005 Affordable Housing Week.
Mayor Glass
Cathy Hayes, Sonoma County Housing Coalition
PUBLIC COMMENT
a
COUNCIL COMMENT
Vice Mayor Harris
Mayor Glass
Council Member Torliatt
Vol. 41, Page 73
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Vol. 41, Page 74
Council Member Healy
Mayor Glass
Council Member Torliatt
CITY MANAGER COMMENT
None.
May 16, 2005
AGENDA CHANGES AND DELETIONS (To current agenda only).
Mayor Glass
Council Member Canevaro
Mayor Glass
Council Member O'Brien
Council Member Torliatt
Mayor Glass
1. APPROVAL OF MINUTES
A. City Council/PCDC Minutes of May 2, 2005.
MOTION: Approve City Council/PCDC Minutes of May 2, 2005 as received on dais.
Moved by Pamela Torliatt, seconded by Mike 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
2. APPROVAL OF PROPOSED AGENDAS
A. Approval of Proposed Agenda for City Council Special Meeting of May 23, 2005.
B. Approval of Proposed Agenda for City Council Special Meeting of May 25, 2005.
C. Approval of Proposed Agenda for City Council/PCDC Regular Meeting of June 6,
2005.
MOTION: Approve Proposed Agendas for City Council Special Meeting of May 23, 2005,
City Council Special Meeting of May 25, 2005, and City Council/PCDC Regular Meeting
of June 6, 2005.
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4.
May 16, 2005 Vol. 41, Page 75
Moved by Pamela Torliatt, 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
CONSENT CALENDAR
A. Resolution 2005-068 N.C.S. Approving Claims and Bills for April 2005.
(Netter/Rubaloff)
Resolution 2005-069 N.C.S. Approving Fixed Holidays for Fiscal Year 2005-06.
(Robbins/Carmichael)
C. PCDC Resolution 2005-06 Approving the Expenditure of Tax Increment Funds for
Public Improvements in the Petaluma Community Development Project Area,
Adopting Findings Required By Health and Safety Code Section 33445 and
Accepting The Completion of the 2004 Old East Petaluma Revitalization Area
Sidewalk Installation and Replacement Project C200805. (Beatty/Lackie)
D. Resolution 2005-070 N.C.S. Accepting Completion of the Petaluma Senior Center
Expansion Project C400102. (Carr)
Rese!YfieR AweFdiRg the CeRtrGGt fer 4th ef july Firewerks te Pyre SPeGtGGyIGr,
IRG. of OGk!GRd, C-GlifeMiG, GRel AppreViRg the PregrGrn Gest for the Ever .
(CGFF/MGRdrelI) - This item was removed from the agenda and rescheduled for
the June 6, 2005 Council Meeting.
Adoption (Second 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 Strafford Place Subdivision - Phase I Final Map, Filed in Book 663, Page 35
SCR. (Bates/Moore)
MOTION: Approve Consent Calendar Items A, B, C, D, and F.
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
NEW BUSINESS
A. Resolution 2005-071 N.C.S. Approving Joint Powers Agreement with the Santa
Rosa Junior College District Regarding the Use of the Gatti Park Site. (Carr)
Parks and Recreation Director Jim Carr presented the staff report.
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Vol. 41, Page 76 May 16, 2005
Council Member Healy
Director Carr
Council Member Torliatt
Director Carr
MOTION: Approve Resolution 2005-071 N.C.S. Approving Joint Powers Agreement
with the Santa Rosa Junior College District Regarding the Use of the Gatti Park
Site.
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
B. Discussion and Direction Regarding Adoption of a Solar Policy. (Moore)
Community Development Director Mike Moore presented the staff report.
Council Member Torliatt
Council Member Canevaro
Director Moore
Vice Mayor Harris
Council Member O'Brien
Council Member Healy
Director Moore
Mayor Glass - Council consensus to direct staff to gather information on market
acceptance in the three developments where photovoltaic electric generating
systems have been installed.
ADJOURN TO CLOSED SESSION - 3:30 p.m.
PUBLIC COMMENT
None.
CLOSED SESSION
■ PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957(e): City Clerk.
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May 16, 2005
Vol. 41, Page 77
CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Significant Exposure to Litigation
(Government Code §54956.9(b). (2 matters)
CONFERENCE WITH LABOR NEGOTIATORS: 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 LABOR NEGOTIATORS: Government Code §54957.6. Agency Designated
Representative: City Attorney. Unrepresented Employee: City Manager.
MAY 16, 2005
EVENING SESSION
CALL TO ORDER — 7:00 p.m.
A. Roll Call
Present: Keith Canevaro, David Glass, Mike Harris, Mike Healy,
Karen Nau, Mike O'Brien, Pamela Torliatt
Absent: None
B. Pledge of Allegiance
The Superb Seven led the pledge.
C. Moment of Silence
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
No reportable action.
PUBLIC COMMENT
The Superb Seven, Petaluma, noted the upcoming opening of the new movie theater on
Thursday, May 19, and the Boys and Girls' Club Benefit to be held on Wednesday, May 18.
Mayor Glass
Troy Sanderson, Petaluma, asked that the children here in support of Little League be
acknowledged now so they can go home, do their homework and go to sleep.
Hank Flum, Petaluma, regarding sidewalks in East Petaluma less than a year old being overtaken
by weeds, and requirements for detention ponds.
Mayor Glass
COUNCIL COMMENT
Council Member Nau
Mayor Glass
Council Member Canevaro
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Vol. 41, Page 78
Council Member O'Brien
Council Member Torliatt
Mayor Glass
Council Member Torliatt
Mayor Glass
CITY MANAGER COMMENT
None.
5. UNFINISHED BUSINESS
May 16, 2005
A.I. Discussion, Direction, and Possible Action on Franchise Agreement with Empire
Waste Management, OR
A.2. Review, Discussion, and Action on Selection of an Alternate Contractor for Refuse
Collection and Disposal Services and Authorization for the City Manager to
Complete Franchise Agreement Negotiations.
Mayor Glass
City Manager Bierman suggested that Council direct him to negotiate a six-
month extension of the collection and disposal agreements with Empire Waste
Management; ask Empire Waste Management and their employees to resolve
their differences because of the concern that labor strikes could have an impact
on service; that the City Manager continue to negotiate to resolve all
outstanding business points between the City and Empire Waste Management on
the collection and disposal agreements, and that he report back to Council with
a status report on these negotiations.
Mayor Glass
Public Comment
Sylvia Abdel-Kader, Empire Waste Management employee, regarding
labor issues.
Don Alvarez, Healdsburg, former Empire Waste Management employee, in
opposition to awarding the franchise agreement to Empire Waste Management.
Alicia Sanchez, Sebastopol, Empire Waste Management employee, regarding
labor issues.
Greg Gunheim, Operating Engineers Local 3, regarding labor issues.
Bill Scott, Petaluma, Central Labor Council, regarding labor issues.
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May 16, 2005
Vol. 41, Page 79
Steve Merel, Empire Waste Management employee, regarding labor issues.
Cynthia Learned, Petaluma, in favor of awarding the franchise agreement to
Empire Waste Management.
Michael Fuimura, Attorney, Santa Rosa, regarding labor issues.
John Walsh, Santa Rosa, Carpenters Local 751, regarding labor issues.
Larry Edginton, Sacramento, Operating Engineers Local 3, regarding labor issues.
Cindy Thomas, Petaluma, regarding labor issues.
Ben Boyce, Sonoma, Living Wage Coalition, regarding labor issues.
Ramon Olivera, former Empire Waste Management employee, through translator,
regarding labor issues and in opposition to awarding the franchise agreement to
Empire Waste Management.
Betty Alvarenga, wife of 33 -year Empire Waste Management employee,
regarding labor issues.
Stan Gold, Petaluma, regarding labor issues.
Ricardo Elias, Empire Waste Management employee, regarding labor issues.
Noemi Rivas, Empire Waste Management employee, regarding labor issues.
Juan Paniagua, Empire Waste Management employee, regarding labor issues.
James Devlin, Empire Waste Management, in favor of awarding the franchise
agreement to Empire Waste Management.
Michael Gross, San Jose, Green Waste Recovery, regarding his company's
continued interest in being awarded the City's waste collection and disposal
contract.
City Manager Bierman
Mayor Glass
Council Member Torliatt
Vice Mayor Harris
Council Member O'Brien
Council Member Healy
Council Member Nau
Council Member Canevaro
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Vol. 41, Page 80
May 16, 2005
Mayor Glass
Council Member Healy
Vice Mayor Harris
Council Member Canevaro
Council Member O'Brien
Council Member Torliatt
Council Member Canevaro
MOTION: Direct the City Manager to negotiate a six-month extension of the
collection and disposal agreements with Empire Waste Management; ask Empire
Waste Management and their employees to resolve their differences because of
the concern that labor strikes could have an impact on service; that the City
Manager continue to negotiate to resolve all outstanding business points
between the City and Empire Waste Management on the collection and disposal
agreements, and that he report back to Council with a status report on these
negotiations.
Moved by Mike Healy, seconded by Mike Harris.
Vote: Motion carried 6-1.
Yes: Keith Canevaro; David Glass; Mike Harris; Mike Healy; Mike O'Brien;
Pamela Torliatt
No: Karen Nau
Absent: None
General Plan 2025 - Conclusion of Discussion on the Draft Land Use Plan. (Tuft) -
This item was removed from the agenda due to time constraints.
6. NEW BUSINESS
A. Resolution 2005-072 N.C.S. Authorizing Staff to work with the Petaluma School
District to Renovate the Petaluma Junior High School Athletic Field for the use by
Community Youth Sports including National Little League and Youth Soccer.
(Carr)
Jim Carr, Director of Parks and Recreation, presented the staff report.
Mayor Glass
Council Member Healy
City Manager Bierman
Council Member Torliatt recused herself from this agenda item because she lives
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May 16, 2005
Vol. 41, Page 81
within 500 feet of Petaluma Junior High School and left the meeting.
Director Carr
Council Member Healy
Director Carr
Council Member Healy
Mayor Glass
Director Carr
Council Member Nau
Director Carr
Vice Mayor Harris
Director Carr
Mayor Glass
Director Carr
Mayor Glass
Public Comment
Troy Sanderson, Petaluma, in support of the project.
Mayor Glass
Mr. Sanderson
David Rabbitt, Petaluma, in support of the project.
Bob Raines, Petaluma, on concerns about parking and drainage.
Suzanne Bordin, Petaluma, in opposition to the project.
Sandra Shand, Petaluma, in opposition to the project.
Mayor Glass
Jim Scaglioni, Petaluma, in opposition to the project.
Mike Baddley, Petaluma, in support of the project.
Lawrence Cowell, Petaluma, in support of the project.
Vol. 41, Page 82
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May 16, 2005
Audrey Gonzales, Petaluma, in opposition to the project.
Al Peterson, Petaluma, in opposition to the project.
Keith Lew, Petaluma, in opposition to the project.
Debra Kafka, Petaluma, in opposition to the project.
Tani Hooper, Petaluma, in opposition to the project.
Art Kusnetz, Petaluma, in opposition to the project.
Ron Close, Petaluma, in opposition to the project.
Carol Harvey, Petaluma, in opposition to the project.
Mimi Pallas, Petaluma, in opposition to the project.
Nick Honey, Petaluma, in support of project.
Bruce Hagen, Petaluma, member of Recreation, Music, and Parks Commission, in
support of the project.
Council Comment
Director Carr
Council Member Healy
Director Carr
Council Member Canevaro
Director Carr
Mayor Glass
Director Carr
Mayor Glass
Council Member Healy
Council Member O'Brien
Council Member Canevaro
Vice Mayor Harris
Council Member Nau
MOTION: Approve Resolution 2005-072 N.C.S. Authorizing Staff to work with the
May l6.2O05 Vol. 41.Page O3
I Petaluma School District to Renovate the Petaluma Junior High School Athletic
2 Field for the use by Community Youth Sports including National Little League and
3 Youth Soccer, adding language to specify the inclusion of a CEQA process, and
4 adding direction fopost the code ofconduct and hours ofthe bo0fie/dx.
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6 Moved byMike Harris, seconded byMike O'Brien.
8 Vote: Motion carried 6-0.
9 Yes: Keith Conevmro;David Glass; Mike Harris; Mike Healy; Karen Nau;
lO Mike O'Brien
ll No: None
12 Absent: None
13 Abstain: Pome|oTndiott
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15 7. PUBLIC HEARING
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17 A. Lomas Petaluma Residential Subdivision AnApplication toAmend the General
18 Plan Land Use Designation of Property Known as the Petaluma (Dutra) Quarry at
19 1500-1600 Petaluma Boulevard South Totaling 46.8 Acres from Industrial to Urban
20 Diversified (Residential); Pnszoningthe Property to Planned Unit Development
21 (PU[})and Adopting oUnit Development Plan and PUD Guidelines; Support
22 Annexation of the Prezoned Property to the City of Petaluma, and Subdivide the
23 Property Per the Proposed Vesting Tentative Mop to A||ovv 170 Single Family
24 Residences, 8OTownhomoCondominiums and 64Live/Work Condominiums; APN
25 Ol9-2lO-OlU.-0ll.-026.-038&-O39;0l9-220-0l2&027;File No. 03-Gpo-O560.
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27 Mayor Glass
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29 MOTION: Call and continue the item fothe June 6'2OO5City Council Meeting.
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31 Moved bvMike Healy, seconded bvKeith Conevaro.
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33 Vote: Motion carried 6-O.
34 Yes: Keith Cunevoro; David Glass; Mike Harris; Mike Healy; Koren Nou;
35 Mike O'Brien
36 No: None
37 Absent: Pome|oTodiott
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39 B. Appeal of the Planning Commission Decision Regarding the Heim Tentative
40 Parcel Map at 511 ^[}''Street. (Spaulding/Moore)
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42 City Engineer Craig Spaulding presented the staff report.
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44 Brian Heim, Petaluma, announced that hehad decided todrop his appeal.
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46 Council Member Healy
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48 City Attorney RwdnmnakV
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50 Mayor Glass
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52 City Attorney Rudnansky
Vol. 4l.Page 84 May l6.2O05
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2 Mayor Glass
4 Council Member Conevorp
6 Director Moore
8 City Attorney Rudnonaky
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lO AAr' Heim
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12 Council Member Healy
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14 Mr. Heim
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16 Council Member Healy
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|9 ADJOURN
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21 The meeting was adjourned ot1[l3Sp.m.
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25 /s/
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27 David Glass, Mayor
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30 ATTEST:
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35 /s/
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37 Claire Cooper, CMC' Interim City Clerk
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