HomeMy WebLinkAboutCity Council/PCDC Minutes 03/15/20101
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R L U City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
Y85a
City Council/PCDC Minutes
Monday, March 15, 2010
Regular Meeting
MONDAY, MARCH 15, 2010
CLOSED SESSION - 6:00 P.M.
CALL TO ORDER - CLOSED SESSION - 6:00 P.M.
A. Roll Call
Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
Absent: None
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
Code §54956.9: BCC Property Holdings, Inc. v. City of Petaluma, Sonoma Superior Court No. SCV
246196.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
Code §54956.9: Regency Centers Corporation v. City of Petaluma, Sonoma Superior Court No. SCV
246634.
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
Code §54956.9: Gonzales -Fuentes v. Hammerman, et al, Sonoma Superior Court No. SCV 245373.
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
pursuant to subdivision (b) of §54956.9: 1 potential case.
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to
subdivision (c) of California Government Code §54956.9: 1 potential case.
• PUBLICEMPLOYEE PERF
AAGRGgPr__ - This item was not heard.
City Attorney Danly
Vice Mayor Glass
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
ADJOURN TO CLOSED SESSION
Vol. 45 Page 148
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March 15, 2010
MONDAY, MARCH 15, 2010
EVENING SESSION - 7:00 P.M.
CALL TO ORDER - EVENING SESSION - 7:00 P.M.
A. Roll Call
Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Vince Marengo, Public Works Director
C. Moment of Silence
AGENDA CHANGES AND DELETIONS - Changes to current agenda only.
City Manager Brown
Vice Mayor Glass announced the Item 3.0 would be heard before Item 3.B.
REPORT OUT OF CLOSED SESSION (Actions Taken)
None.
PROCLAMATION
• Google Fiber Day -March 26, 2010
Jason Davies, Petaluma
Vice Mayor Glass
COUNCIL COMMENT
Council Member Harris
Council Member Rabbitt
Vice Mayor Glass
Council Member Ren6e
Vice Mayor Glass
Council Member Healy
Vice Mayor Glass
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CITY MANAGER COMMENT
None.
1. APPROVAL OF PROPOSED AGENDA
A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, April 5, 2010.
Council Member Barrett
City Manager Brown
Motion: Approve A. Proposed Agenda for Regular City Council/PCDC Meeting of
Monday, April 5, 2010, amended as follows:
■ APPOINTMENT: Change wording as shown:
Recommendation to the Mayors' & Councilmembers' Association on
Appointments to the Local Agency Formation Commission, the Airport Land
Use Commission, Gnd the Sonoma County Child Care Planning Co
Committee. - Remove this portion of the title.
■ CONSENT CALENDAR: Add:
Resolution Authorizing the Mayor to Sign the Letter of Support for California
Assembly Bill 2256 (Huffman) Relating to the Definition of Flushable Wipes.
(Ban)
Moved by Teresa Barrett, seconded by Tiffany Renee.
Council Member Healy
Council Member Renee
City Manager Brown
Council Member Renee
Public Works Director Vince Marengo
Vice Mayor Glass
Council Member Healy
Director Marengo
Vice Mayor Glass
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Vol. 45 Page 150
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March 15, 2010
Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: None
CONSENT CALENDAR
A. Resolution 2010-034 N.C.S. Declaring Weeds Growing Upon Parcels of Public and
Private Property a Public Nuisance and Setting Public Hearing for Objections.
(Anderson/Fergus)
Adoption (Second Reading) of Ordinance 2366 N.C.S. (General Fund); Ordinance
2367 N.C.S. (Special Revenue Fund); Ordinance 2368 N.C.S. (Enterprise
Fund); Ordinance 2369 N.C.S. (Internal Service Fund); and Ordinance 2370 N.C.S.
(CIP and Debt Service Fund) Amending Ordinances 2355, 2356, 2357, 2358, and
2334 N.C.S. to Change Certain Appropriations for the Operations for the City of
Petaluma from July 1, 2009 to June 30, 2010. (Brown)
C. Resolution 2010-036 N.C.S. Authorizing Staff to Apply for Caltrans Community -
Based Transportation Planning Grant for the Historic Trolley Feasibility Study,
Authorizing the City Manager to Sign Federal Application Forms and Agreements,
Consenting to the Use of $13,000 in Petaluma Community Development Tax
Increment Funds for the Grant, and Adopting Findings Required by Health &
Safety Code Section 33445; PCDC Resolution 2010-05 Authorizing the Use of
$13,000 of Tax Increment Funds in the Central Business District and/or Petaluma
Community Development Project Areas, and Adopting Findings Required by
Health and Safety Code Section 33445 for the Historic Trolley Feasibility Study;
and Approving the Necessary Budget Adjustment.
D. Resolution 2010-035 N.C.S. Approving Second Amendment to 2007-2009
Agreement Between the City of Petaluma and Petaluma People Services Center
for the Provision of Paratransit Services. (Marengo/Rye)
Vice Mayor Glass removed Item 2.0 for discussion/public comment.
Motion: Approve CONSENT CALENDAR Items 2.A, 2.11, and 2.D.
Moved by Teresa Barrett, seconded by Tiffany Renee.
Council Member Healy asked to remove Item 2.13 for discussion/public comment.
Motion: Amend previous motion and Approve CONSENT CALENDAR Items 2.A and 2.D.
Moved by Teresa Barrett, seconded by Tiffany Renee.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
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Vice Mayor Glass
Motion: Approve B. Adoption (Second Reading) of Ordinance 2366 N.C.S. (General
Fund); Ordinance 2367 N.C.S. (Special Revenue Fund); Ordinance 2368 N.C.S. (Enterprise
Fund); Ordinance 2369 N.C.S. (internal Service Fund); and Ordinance 2370 N.C.S. (CIP
and Debt Service Fund) Amending Ordinances 2355, 2356, 2357, 2358, and 2334 N.C.S. to
Change Certain Appropriations for the Operations for the City of Petaluma from July 1,
2009 to June 30, 2010.
Moved by Teresa Barrett, seconded by Tiffany Ren6e.
Vote: Motion carried 6-1.
Yes: Teresa Barrett; David Glass; Mike Harris; David Rabbitt;
Tiffany Ren6e; Pamela Torliatt
No: Mike Healy
Abstain: None
Absent: None
Council Member Ren6e recused herself for Item 2.0 and left the dais
Public Comment on Item 2.0
Lauren Williams, President of Petaluma Trolley, Petaluma, spoke in support of the City
Council resolution to apply for the grant for the Historic Trolley Feasibility Study.
Chris Stevick, Vice President of Petaluma Trolley, Petaluma, thanked Council for their
dedication and has been active in trying to further the cause of restoring the Petaluma
Historic Trolley.
Council Member Healy
Mr. Stevick
Vice Mayor Glass
Council Member Rabbitt
Diane Ramirez, Project Manager, Public Works
Council Member Rabbitt
Vice Mayor Glass
Ms. Ramirez
Motion: Approve C. Resolution 2010-036 N.C.S. Authorizing Staff to Apply for Caltrans
Community -Based Transportation Planning Grant for the Historic Trolley Feasibility Study,
Authorizing the City Manager to Sign Federal Application Forms and Agreements,
Consenting to the Use of $13,000 in Petaluma Community Development Tax Increment
Funds for the Grant, and Adopting Findings Required by Health & Safety Code Section
Vol. 45 Page 152
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KI
March 15, 2010
33445; PCDC Resolution 2010-05 Authorizing the Use of $13,000 of Tax Increment Funds in
the Central Business District and/or Petaluma Community Development Project Areas,
and Adopting Findings Required by Health and Safety Code Section 33445 for the Historic
Trolley Feasibility Study; and Approving the Necessary Budget Adjustment.
Moved by Pamela Torliatt, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Pamela Torliatt
No:
None
Abstain:
Tiffany Renee
Absent:
None
Council Member Ren6e returned to the dais.
UNFINISHED BUSINESS
A. Resolutions 2010-037 N.C.S. - 2010-040 N.C.S. Appointing Members to City Boards,
Committees, and Commissions. (Cooper)
Vice Mayor Glass
Motion: Approve Resolution 2010-037 N.C.S. Appointing Dee Brillhart to the Animal
Services Advisory Committee to Complete a Three -Year Term Expiring June 30,
2010; and Appointing Traci DiStefano to the Tree Advisory Committee to Serve a
Two -Year Term Expiring June 30, 2011.
Moved by Mike Harris, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: None
City Clerk Cooper collected the ballots for the Technology and
Telecommunications Advisory Committee and read the results as follows:
Council Member Barrett: Jason Davies
Vice Mayor Glass: Jason Davies
Council Member Harris: Ray Johnson
Council Member Healy: Ray Johnson
Council Member Rabbitt: Ray Johnson
Council Member Ren6e: Jason Davies
Mayor Torliatt: Jason Davies
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City Attorney Danly tallied the results and announced that Council had
appointed Jason Davies to the Technology and Telecommunications Advisory
Committee to Complete a Two -Year Term Expiring June 30, 2010 (Resolution 2010-
038 N.C.S.).
City Clerk Cooper collected the ballots for the Senior Advisory Committee and
read the results as follows:
Council Member Barrett: Evelyn Pedroni
Vice Mayor Glass: Evelyn Pedroni
Council Member Harris: Evelyn Pedroni
Council Member Healy: Russell Odland
Council Member Rabbitt: Evelyn Pedroni
Council Member Renee: Barbara Mutscheller
Mayor Torliatt: Evelyn Pedroni
City Attorney Danly tallied the results and announced that Council had
appointed Evelyn Pedroni to the Senior Advisory Committee to Complete a Two -
Year Term Expiring June 30, 2011 (Resolution 2010-039 N.C.S.).
Council Member Renee
City Attorney Danly
Council Member Renee
Vice Mayor Glass
Council Member Renee
Vice Mayor Glass
Council consensus to appoint Ray Johnson to the Youth Commission to Complete
a Two -Year Term Expiring June 30, 2011 (Resolution 2010-040 N.C.S.).
Item 3.0 was heard before Item 3.B:
C. Discussion and Action Regarding the Sonoma County Water Agency's Draft FYI 0-
11 Operations and Maintenance Budget. (Ban)
Water Resources and Conservation Director Mike Ban
Vice Mayor Glass
Council Member Healy
Director Ban
Council Member Healy
Director Ban
Vol. 45 Page 154 March 15, 2010
Grant Davis, Interim General Manager, Sonoma County Water Agency
Vice Mayor Glass
Mr. Davis
Vice Mayor Glass
Council Member Rabbitt
Mr. Davis
Vice Mayor Glass
Council Member Healy
Mr. Davis
Vice Mayor Glass
Mr. Davis
Council Member Rabbitt
Mr. Davis
Council Member Ren6e
Mr. Davis
Vice Mayor Glass
Mr. Davis
Council Member Rabbitt
Council Member Healy
Mr. Davis
Mike Thompson, Deputy Chief Engineer- Maintenance, Sonoma County Water
Agency
Council Member Healy
Mr. Thompson
Vice Mayor Glass
Public Comment on Item 3.0
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Richard Brawn, Petaluma, said he doesn't hold the same opinions as the SCWA,
and that "years of politics are causing serious financial problems for the citizens of
Petaluma."
Diane Reilly Torres, Petaluma, questioned the construction contracts and
wondered who was paying for them. She further stated that every property
owner in Sonoma County pays Warm Springs Dam, but when they figure out how
much North Marin Municipal Water District pays they only count the people in the
service area. She also believes that the County needs to conserve water all year
round, not just the summer.
Zen Destiny, Petaluma, spoke about subsidizing the renewal energy hidden in the
water payment schemes.
Chris DeGabriele, General Manager, North Marin Water District, Novato, stated
that he was not here to advocate one way or the other over the SCWA budget.
He offered facts and clarified information about the Kastania pipeline.
Mayor Torliatt
Mr. DeGabriele
Mayor Torliatt
Mr. DeGabriele
Council Member Healy
Mr. DeGabriele
Council Member Healy
Vice Mayor Glass
Mayor Torliatt
Vice Mayor Glass
City Manager Brown
Council Member Healy
Motion: Approve staff's recommendation and direct the City's Water Advisory
Committee (WAC) representative to vote "no" when the budget is considered by
the WAC on March 22, 2010.
Moved by Mike Healy, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
Vol. 45 Page 156
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March 15, 2010
No: None
Abstain: None
Absent: None
Council Member Rabbitt
Council Member Harris
Vice Mayor Glass
Status of Capital Improvement Projects. (Sato)
Interim Finance Director Sandra Sato
Mayor Torliatt
City Manager Brown
Vice Mayor Glass
D. Discussion and Possible Direction to (1) Modify Garbage Franchise with Petaluma
Refuse and Recycling, Incorporated, an Affiliate of The Ratto Group of
Companies, Inc. ("PR&RI"); and, (2) Enter Into Agreements with Petaluma, Old
Adobe, and Waugh School Districts to Provide, Collectively, for the following:
■ Allow PR&RI to use Reserve Garbage Trucks in Petaluma that are Not
Exclusively Dedicated for Use in Petaluma.
■ Stipulate the PR&RI will Provide Free Garbage and Recycling Service for all K-
12 Public Schools Located Within the Petaluma City Limits;
■ Provide that the Petaluma, Old Adobe, and Waugh Districts will Continue to
Allow the Public to Recreate on Their Campuses After Hours as Has Been
Allowed In the Past; and,
■ Provide Direction to Staff to Negotiate Any Further Benefits from PR&RI that
Can Be Achieved. (Healy, Harris)
Vice Mayor Glass
Council Member Healy
Council Member Harris
Vice Mayor Glass read the following statement:
Gifts of Public Funds. The California Constitution prohibits a legislative body from
approving a gift of public funds to a private person or group. An expenditure is a
gift if it does not serve a substantial public purpose. What constitutes a public
purpose is left to the discretion of the agency's board. A court reviewing a
challenged expenditure should uphold the board's decision as long as the board
had a reasonable basis for concluding that the expenditure served a substantial
public purpose. The mere fact that the expenditure also benefits a private party
does not necessarily mean the expenditure is not also serving a substantial public
purpose. Neither the legislature nor the courts provided a bright line definition of
what constitutes a substantial public purpose. However it is clear that an
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expenditure made solely on moral grounds does not serve a substantial public
purpose. Further, if the expenditure does not provide the agency making the
expenditure with a direct substantial benefit, the expenditure would not serve
substantial public purpose. In approving an expenditure that may potentially
raise a gift of public funds issue, a board can strengthen its legal position by
adopting a Resolution with findings that set forth its basis for concluding the
expenditure serves a substantial public purpose.
Council Member Barrett
Public Comment on 3.11)
Greta Vigue, Superintendent, Petaluma City Schools, Petaluma, spoke in support
of providing free garbage service to the schools as proposed by North Bay.
Richard Brawn, Petaluma, said that the schools don't need to pillage the
garbage collection utility.
Steve McCaffrey, Petaluma Refuse and Recycling, Inc., Petaluma, told Council
they were celebrating their one-week anniversary of starting service. He
commended staff during the transition for making sure it was seamless.
Mr. McCaffrey
Council Member Rabbitt
Vice Mayor Glass
Vice Mayor Glass
Council Member Ren6e
Mr. McCaffrey
Council Member Ren6e
Mr. McCaffrey
Council Member Ren6e
Council Member Healy
Vice Mayor Glass
Public Works Director Vince Marengo
Council Member Ren6e
Council Member Healy
Vice Mayor Glass
Vol. 45 Page 158 March 15, 2010
City Manager Brown
Vice Mayor Glass
Director Marengo
Vice Mayor Glass
City Attorney Danly
Council Member Rabbitt
Council Member Renee
Director Marengo
Council Member Renee
Director Marengo
Vice Mayor Glass
Mayor Torliatt
Council Member Barrett
Vice Mayor Glass
City Attorney Danly
Vice Mayor Glass
Council Member Healy
Motion: Approve direction to staff to further research the possibility of amending
the franchise to offer garbage service free of charge to the schools.
Moved by Mike Healy, seconded by David Rabbitt.
Mayor Torliatt
Council Member Renee
Vice Mayor Glass
Council Member Renee
Mayor Torliatt
Motion: Table the item.
Moved by Pamela Torliatt, seconded by David Glass.
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Vote: Motion carried 4-3.
Yes:
Teresa Barrett; David Glass; Tiffany Renee; Pamela Torliatt
No:
Mike Harris; Mike Healy; David Rabbitt
Abstain:
None
Absent:
None
Council Member Rabbitt
ADJOURN
Vice Mayor Glass asked that the meeting be adjourned in memory of Edwin H. "Ed" Behrens.
Motion: Adjourn the meeting.
Vote: Motion carried 7-0.
Moved by Teresa Barrett, seconded by Tiffany Renee.
Yes:
Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Rabbitt;
Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
The meeting was adjourned at 10:53 p.m. in memory of Edwin H. "Ed" Behrens.
ATTEST:
/S/
Claire Cooper, CMC, City Clerk
/S/
Pamela Torliatt, Mayor