HomeMy WebLinkAboutStaff Report 1.B 01/05/2004TB
January 5, 200 ;
City ®f etglu a, Cali orn a
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X MEETING °OF PETALUMA CITY COUNCIL AND THE
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
Draft City Council /PCDC Minutes
Monday, December 15, 2003 - 2:00 R.M. '
Regular Meeting
1 2:00 P.M. - CITY COUNCIL
2
3 CALL TO ORDER
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5 A. Roll Call
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7 Present: C.anevaro, Healy, Moynihan, Vice Mayor O'Brien, Torliatt and
8 Mayor Glass
9 Absent: Harris
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1 1 ADJOURN TO: CITY`COUNCIL CLOSED SESSION
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13 PUBLIC COMMENT
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15 There was no public comment.
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17 ADJOURN TO CLOSED SESSION
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19 ■ PUBLIC EMPLOYEE PER EVALUATION: Pursuant to Govt. - Code
20 §54957: City Attorney
21 ■ CONFERENCE WITH LABOR NEGOTIATOR: Pursuant. to Govt. Code §54957.6:
22 Agency Designated Negotiator: Michael A. Bierman. Unrepresented Employee:
23 City Attorney
24 M CONFERENCE, WITH LEGAL COUNSEL, ANTICIPATED LITIGATION: Significant
25 Exposure to Litigation Pursuant to Govt. Code §54956.9(b) (I matter)
26 . CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Govt.
27 Code §54956.9(a): Hilliard v. City of Petaluma, Workers Compensation•Claim No.-
28 034748.
29 ■ CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to Govt.
30 Code §54956.9(a): Sandalwood Estates 'vs. City of Petaluma (Sandalwood
31 Appeal) Court of Appeal, First Appellate District, Case No. A] 02613)
32 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Pursuant to Govt.
33 Code §54956.9(a): Affected Residents of Sandalwood Mobile Horne Owners'
34 Association vs:, City of Petaluma et. al. (Sandalwood ll) (Sonoma County Superior
35 Court Case No. 233343)
36 CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Govt. Code
37 §54956:8. Property: Kenilworth School. Property Located at 998 E. Washington
38 Street. Agency Negotiator: Michael Bierman. Negotiating Parties: City of
39 Petaluma and Petaluma School District: Under negotiation: Price and Terms.
Vol. XX, Page 2 December 15, 2003
1 MONDAY_ D:ECFMBER 75;_2003 — AFTERNOON SESSION
2 3 :00 P.M.
3
4 CALL TO ORDER
5
6 A. Roll. Call
7
8 Present: Caneyaro, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliatt
9 and Mayor Glass
10 Absent: None
11
12 B. Pledge of Allegiance
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14 REPORT OUT OF CLOSED SESSION ACTIONS TAKEN
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16 There was no reportable action taken.
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18 PUBLIC COMMENT
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20 There was no public comment.
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22 COUNCIL COMMENTS
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24 Council Member Torliatt reported on the recent Zone 2A Meeting, the Water .Advisory
25 Committee M6e;ting, and asked for a report on the enforcement status of unreinforced
26 masonry buildings in the downtown.
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28 Council Member Healy reported on the Sonoma County Transportation Authority
29 Meeting, indicating the news 'is not good and there are various project delays.
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31 CITY MANAGER - COMMENTS
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33 City Manager Bierman presented a report regarding the status of the Vehicle License
34 Fee Backfill ;issue. He indicated there: is an estimated shortfall` of $1,960,353, which will
35 most Likely result in reductions, which could include layoffs, use of 'General Fund reserves,
36 and selected cuts in lower priority areas. He stressed there would not be a reduction in
37 street maintenance.. He indicated' to the Council the need to hold special meetings in
38 January to address the budget shortfall and how to deal'with th`at'issue.
39
40 In response to .questions, `the City Manager noted the Governor's ballot measure in
41 March did not include monies for the VLF backfill. The :City Council supported the
42 Mayor's suggestion 'to write a strong letter 'to local legislators regarding the Vehicle
43 License. Fee Backfill issue.
44
45 AGENDA CHANGES AND DELETIONS (Changes to current agenda only).
46
47 Council Member Moynihan suggested items 7.A and 7:13 (regarding the Garbage
48 Franchised on the Evening Agenda be discussed jointly.
49
50 PRESENTATIONS/PROCLAMATIONS
51
52 There were none.
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December 15, 2003
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Vol. XX, Page 3
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2.
APPROVALOF.'MINUTES
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1. APPROVAL OF MINUTES
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A. City Council /PCDC Minutes of November 17, 2003.
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Vice Mayor O'Brien recommended the following amendments:
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Page 4, line 6, to include `'or a date to be set at the City Manager's
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discretion."
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Page, 26, line 30, correct the name to "TracySwonborn."
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Page 27, line 9, to include that "the investigation would be conducted by
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an independent investigdfor,, i.e. Risk Man'agement."
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Page 28, line 11, indicafed fhofyp'e'l of vehicle was "to be left up to the
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contractor."
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Council Me'mber'Torliatt requested the following amendments:
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Page 5, line 28, change'safe to "save."
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Page 30, line 26, should ; refl'rect that Council Member Healy voted 'NO'
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and that she had voted 'YES.'
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.MOTION, to adopt the November '1,7,2003 Minutes as amended:
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M/S O'Brien and Healy. CARRIED .UNANIMOUSLY.
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2. APPROVAL OF'PROPOSED AGENDA
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Approval of Proposed Agenda for C_ouncil's Regular Meeting of January 5, 2004.
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Council Member Torliatf requested there be a- discussion added regarding the
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Arts Fee if there is enough time at this meeting.
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Council Member Moynihan requested a discussion regarding the City's CIP
39
Program in January, as well as an update on'the variance report for CIP Projects,
40
which was noted would be in memo format to the Council in the next two weeks.
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City,Manager Bierman pointed out that there "would be special meetings in
43
January, to discuss the mid- year'budget, as well as proposed budget cuts and
44
that the CIP discussion will be apart of (hose meetings.
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MOTION to approve the Tentative Agenda as proposed:
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M /,S Moynihan and O'Brien. CARRIED UNANIMOUSLY.
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Vol. XX, Page 4
December 15, 2003
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3. CONSENT CALENDAR
Council Member Moynihan requested Item 3.A be removed from the Consent
Calendar for separate discussiorl and action.
MOTION to adopt the balance of the Consent Calendar:
M/S Torliatt and Healy. CARRIED UNANIMOUSLY.
A. Resolution Authorizing Execution of Professional Services Agreement with
Questa Engineering, in an amount not to exceed $42,000.00, for Contract
Services. for Environmental and Geotechnical Site Review and Project
Design for Upland Improvements within the Denman Reach Flood
Reduction and River Plan Implementation Project. (Tuft) Removed from
the Consent Caleddar for separate discussion.
B.. Adoption of Ordinance 216.9 N C.S. Adding Petaluma Municipal Code
Chapter 1.1& "Claims Against City," to Require that All Claims be
Presented to the City Prior to the Initiation of Litigation. (Rudnansky.)
C. Adoption of Ordinance 2170'N.C.S. Petaluma Municipal,Code
Section 1.04.060(B),, Amending Penalties for Violations Classified as
Infractions Under the City Code. (Rudnansky)
Items Removed From Consent -
A Resolution 2003-242 N.C:S. Authorizing Execution of Professional Services
Agreement 'with Questa . Engineering, in 'an amount not to exceed
$42,000.00, for Contract Services for Environmental and Geotechnical Site
Review and Project Design for. Upland Improvements within the Denman
Reach Flood Reduction and River Plan Implementation Project. (Tuft)
Council Member Moynihan asked for and received an explanation of
how this fits into_: the General Plan and clarified the grant funding for the
project.
MOTION to adopt the resolution:
M/S Moynihan and Torliatt. CARRIED UNANINOUSLY.
4. NEW BUSINESS,- COUNCIL AND PCDC
A. Resolution 2003 -243 N:C.S. Reappointing Stephen C. Ayala to the Mosquito
Confrof District, fora term to expire December 31, 2007. As the Current
Representative, Mr. Ayala's term expires December 3.1, 2003. (Petersen)
MOTION 'to adopt the resolution:
M/S Torliatt and O,'B'rien. CARRIED UNANIMOUSLY.
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December .15 Vol. XX, Page 5
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B. PCDO Resolution 2003: , 16 Authorizing the Purchase of Street Furniture from
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Petaluma High,School' for Downtown Improvements, Phase 1, Project 9053.
3
(Marangella)
4
5
Paul Marangella, Economic and Redevelopment Director, gave the staff
6
report and introduced Joyce Clark, Redevelopment Program Manager.
7
8
Mike.Simpson, Principal of Petaluma High School, along with teachers and
9
students who will be participating in the program, urged the City Council
10
to support this worthwhile effort. One of the students expressed this is their
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opportunity to stand out and be one of the "smart ones" without being a
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" techie."
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The, City.Council unanimously supported the recommendation to have
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Petaluma High School Students create the furniture and expressed this is
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an exciting opportunity and an investment from the youth of the
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community in the downtown. They expressed their support for partnering
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with the School District on this community project.
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The City Council did note Petaluma. High School has one of the few
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Industrial Arts Programs and encouraged the students, when considering
22
materials to be used, to use anti- graffiti paint and /or coatings.
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24
MOTION to adopt the resolution:
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27
M/S Torliatt and O'Brien. CARRIED UNANIMOUSLY.
28
5. UNFINISHED BUSINESS
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At the request of Council Member Moynihan, Item 5. B was addressed before 5. A.
31
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B. Resolution 2003;244, `N.,C.S. Clarifying the Intent of the City Council
33
Regarding. the Use of ,Revenue from the Park Impact Fee Approved by
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Resolution-No. 2003 -212 and .Restricting the Use of the Fee Revenue Inside
35
the City's Urban Growth Boundary. (Rudriansky)
36
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Public Input
38
39
David Libchitz, Friends of Lafferty Park, addressed the City Council in
40
opposition to the resolution.
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Council Member Healy noted Schiollenberger Park, extension is outside the
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urban boundary and once the purchase is completed if- will be inside the
44
City limits. He proposed an :amendment to the language and referenced
45
page 2 of the resolution, last paragraph:
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"it is the intent of the City,council to clarify`that, to the extent that revenue
48
from the Park Impact Fee :adopted by Resolution No. 2003 -212 is used for
49
park improvements,f it may be used only for the improvement of parks
50
within the contiguous city limits of the City of Petaluma, and not for the
51
improvement of any kind of park or recreation facility located either (1)
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Vol. XX, Page 6 December 15, 2003
outside the city limits of the City of Petaluma, or (2) in incorporated islands
of'fhe "City of,Petaluma surrounded by unincorporated lands."
Council Member Torliatt stated she does not feel the resolution .and
ordinance `match and does not want to delay the ordinance ;any lono"er.
She stated her desire to; see the fee in place.
City Attorney Rudnansky commented on how this relates to the Quimby
Act and AB 1600 fees.
Council: Member Moynihan expressed. his concerns with the original nexus
study and how the calculations are based on acreage. He also noted' he
hacl recluested a report regarding the breakout of the 5% administration
fee and he has not received that. He indicated he would be voting 'NO'
because of the administration fee and the lack of a nexus.
Council Member Torliatt indicated she would be voting 'NO' on resolution
as the park fee should b "e up to: the discretion of the Council on any
property within the City limits.
Council Member Healy referenced an email from Bruce Hagen' and
supported his suggestion to authorize trie Mayor or City Manager to write
the State Coastal Conservancy, indicating the City's interest in selling
Lafferty, to be managed as an open space park like Jack London State
Park. "
MOTION 'to adopt the resolution with the proposed amended language.
M/S Healy and O'Brien:. CARRIED BY THE FOLLOWING VOTE:
AYES: Canevaro, Harris, Healy, O'Brien and Glass
NOES: Moynihan and Torliatt
A. Adoption of Ordinance No. 2166 N.C.S. Amending Sections 20.34.090:and
20.34.100 of the Petaluma Municipal Code Regarding the Amount of Park
Land and Park Fees Required. (Thomas).
Council Member Torliatt commented that although. she is not in favor of
the language change to include "within the: Urban Growth Boundary she
is adamant about moving this issue forward so the fees can be charged
and will be supporting the resolution.
MOTION to adopt the ordinance:
M/S Healy and O'Brien. CARRIED UNANIMOUSLY.
C. Adoption of Ordinance No. 2171 N.C.S. 'Implementing an Affordable
p p 9
Housing Linkage Fee 'for Nonresidential Development in the City of
Petaluma. (Gaebler)
Council Member Moynihan indicated he will be voting 'NO' as he cannot
support changing the fee to support a program that has not yet been
December 15, 2003 Vol. XX, Page 7
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defined. He indica =ted he feels -this will hurt business locally and it would
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be prendature to enact this now.
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Council Member Toriiatt, commented. the City of Petaluma is showing
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leadership. in moving forward with this now and hopes other cities will
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follow suit.
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MOTION to adopt the ordinance:
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M/S Canevaro and Torlia`tt. CARRIED BY THE FOLLOWING VOTE:
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City Council recessed at 4:15 p, m. to 4:20 p. m.
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D. Verbal Presentation Regarding Streets. (Bierman)
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City Manager Bierman made a presentation regarding budget concerns
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for the maintenance of streets. He noted proposed funding to include
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.$1,.4M to be programmed to streets from Gas Tax.monies; $.3M from the
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General fund to support Street Lights and Signs; and $1 M for Street
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Resurfacing and Slurry Seal.
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Council Member Moynihan noted the presentation represents an under
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funding,of what needs to be funded to address deteriorating streets. He
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commented on the memo (dated, December 10, 2003) he had distributed
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to_ the Council which outlined eleven ('11) recommendations for Council's
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consideration. In response to those recommendations the City Manager
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noted:
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1. He doesn't know where the $3.6M would come from.
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2. Indicated the Citizens Advisory Committee submitted a good
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report and there is no need for an additional advisory committee.
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3.. Indicated the- City' would spend $15M over the next 5 years in
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street maintenance. .
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4. Using RDA funds is controversial and the Attorney's office is
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reviewing fhat' issue now. .
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5: Gas Tax Funds in the amount of $294,000 are currently budgeted
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for a CIP project.
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6. Agrees with appropriating the entire amount of gas tax subvention
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revenues as long as it is used for street signs, lights and
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maintenance.
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7. This would limit the Council and could result in even less money
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than expected.
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8. Supported developing a policy .establishing a reasonable ceiling
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on program bud_ get costs.'
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'9. Feels dedicating the increase of General Fund Revenues over the
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increase in Expenditures capped by a cost of living increase would
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be too much of a lock on the City's funds.
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10. Indicated he has already agreed to show the Street
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Reconstruction Fund as a funding source in appropriate CIP
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budgets and to provide a corrected CIP by the Mid -Year Budget
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Review.
Vol. XX, Page 8 December 15, 2003
1 11. Has agreed to modify the PF &S Operating Budget to show the
2 Street Maintenance Fund as a revenue source and as an
3 operating expenditure from the Street Maintenance Account.
4
5 Council Member Healy indicated he shares the frustration with the.state of
6 the streets, but is in general agreement with the City Manager's,
7 presentation on how to address the needs.
8
9 City Manager Bierman indicated he could roll changes into the Mid -Year
10 Budget° Review.
11
12 City Council discussion ensued regarding the use of Redevelopment
13 Agency.Funds for street maintenance. There was general Council support
14 to explore that possibility.
15
16 Council discussion ,regarding supporting, a ballot measure to earmark 10A
1, of the City's. General Funds for street maintenance ensued. The majority
18 of the Council was not in favor of such a measure and felt it would put the
19 City in dire straights if if were to be approved.
20
21 Council Member Moynihan indicated there has been progress in funding
22 street maintenance, but it has not been enough. He stressed the need to
23 take action.
24
25 There was City Council consensus to` move forward with the City
26 Mandger's recommendations.
27
28 Council discussion continued and it was noted the Council would
29 determine what and how monies would be spent at the Mid -Year Budget
30 Review. Council asked the City Manager" to provide a "counter plan"
31 based on feedback as to how to deal with anticipated budget shortfalls
32 and it was noted that would be reviewed during the Mid -Year Budget
33 Review discussions.
34
35 City Council adjourned. back into Closed Session of 5: ; 20 p. m.
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38 °' MONDAY, DECEMBER 15, 2003 -. EVENING SESSION
39 7:00 P.M.
40
41 CALL TO ORDER
42
43 A. Roll Call
44
45 Present: Canevaro, Harris, Healy, Moynihan, Vice Mayor O'Brien, Torliaft
46 and Mayor Glass
47 Absent: None
48
49 B. Pledge of Allegiance
50 C. Moment of Silence
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December 15 2003
Vol. XX, Page 9
1 PUBLIC COMMENT
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3 Norm Hilliard, KE:S.P., addressed the City Council and stated his opposition to the
4 proposed Buckelew project in his neighborhood. He urged the Council to deny the
5 project when it comes before them.
6
7 Peter Tscherneff, Petaluma, addressed, the City Council regarding the state of the world
8 and issues regarding the homeless population.
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10 Doug Frampton, Petaluma, addressed the City Council in opposition to the proposed
11 Buckelew project.
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13 Andy Eber, Aquatics Board,. addressed the City Council urging an early opening of the
14 City's Swim Center. He urged the Council to consider a March l St opening for 2004 and
15 recommended, a flexible fee system, better advertising for the use of the pool, a single
16 point of entry to capture the most user fees, and the need to continue to increase
17 programming.. He had members of the audience stand in recognition of their support.
18
19 Chris Braun, Twin Valley Aquatics, addressed the City Council in support of the March 1St
20 opening of the Swim Center.
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22 Russell Pleech, Petaluma, addressed the ' City Council in opposition to the proposed
23 Buckelew project.
24 -
25 Diane Reilly Torres, Petaluma, addressed the City,Council regarding her unfair removal
26 from the Petaluma Community Access Board. She left information with the City Clerk to
27 support her claim that she was wrongfully removed.
28
29 CORRESPONDENCE
30
31 There was none..
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33 COUNCIL COMMENT AND LIAISON REPORTS
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35 CITY MANAGER COMMENTS
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37 Council Member Healy indicated his support to find a way to open the Swim Center by
38 March 1st. He asked that the issue be, placed 'on the January 26, .2004 City Council -
39 Agenda and asked the City Attorney to review the concerns expressed by Diane Reilly
40 Torres.
41
42 With, ;respe,ct to the Buckelew Project, Council Member Healy noted he is the Council
43 liaison on the - Planning Commission and that the Buckelew project had received
moos support from Planning Com' missioners. He indicated fhe Buckelew facility
45 would
have a property manager on. site and that they would have an ongoing
46 relationship with residents. He asked the Council`to keep an open mind when this matter
47 comes before them for action.
48
49 Council Member Moynihan indicated he had met with Senator Joe Nation regarding the
50 Vehicle License Fee and the effects it may have on Police and Fire services. He indicated
51 Senator Nation was unwilling to go forward with a spending cap and the message to
Vol. XX, Page 10 December 15, 2003
1 local agencies was to work out the details. Council Member Moynih "dn stressed the •
2 necessity to work with local legislators very closely.regarding future issues.
3
4 With respect to. the Buckelew program, Council Member Moynihan noted' the program
5 has some merit and questioned if the use' of Redevelopment Agency Funds for socidl
6 programs is appropriated. He asked staff for a memo regarding social service activities
7 and how' they have been, 'funded. He also questioned the inter -fund loan from : 'the
8 Housing -In -Lieu account: He concluded by expressed - concerns with continuing to fund
9 social service programs and urged the Council 'to take another' look at what the, City is
10 obligated -to pay and what assistance might be available from other funding sources.
11
12 Council Member Torliatt stated her support for using In -Lieu Housing fees for programs like.
13 the Buckelew project.
14
1 With regard to the Swim;Center, Council Member Torliatt indicated her desire to see staff.
1�6 work with the Aquatics Groups to create new programs and generate revenue.
17
18 In conclusion, Council Member Torliatt wished everyone safe and peaceful holidays and
19 expressed her hopes that all the U.S. Troops will be safe.
20
21 Council Member Harris reported on the Airport Commission Meeting and thanked the
22 Council for allowing him to serve as the Council's liaison.
23
24 Council Member- Harris indicated his support for a full discussion regarding the Swim
25 Centeriater in January, as well as a'full discussion regarding the proposed Buckelew
26 project.
27
28 Council' ,Member Canevaro . reported on the recent Pedestrian and Bicycle Advisory,
29 Committee Meeting: He 'additionally commented he had.rh.et with neighbors regarding
30 the'Buckelew project and indicated their are not about traffic, they are about
31 people..He encouraged fhe'balance of City Council'to meet with the neighbors in the
32 area, as their fears are real to them.
33
34 With respect to the Aquatics Center, Council Member Canevaro stated his support for
35 looking at ,creative financing and would like to see a way to make a March Is' opening
36 happen.
37
38 Vice. Mayor indicated he would save his comments about the Buckelew project
39 and the: Swim Center for when those issues actually come before the Councii for a full
40 discussion.
41
42 In conclusion, Vice Mayor O`Brien wished the community a ; happy holiday and asked
43 that•they remember the Pu.blicSafety personnel that'would be working over the holidays.
44
45 Mayor Glass commented on the work the Council has done over the last year and
46 indicated there are a number of "wants" in the community. He asked members of the
47 community to send letters to their legislators regarding the Vehicle License Backfill issue
48 and indicated if the City realizes the cuts they are; anticipating the City rriay'nof be able
49 to deliver services the. people in the community are.accustomed to.
50
51 In conclusion; he wished everyone a Merry Christmas.
52
December 15, 2003 Vol. XX, Page 11
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CITY MANAGER COMMENTS
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There were none.
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Council Member Moynihan stated a possible conflict of interest with the Keller Street
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Garage item and excused himself from the dais and Council Chambers.
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6. PUBLIC HEARING
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A. Public;Hearirfg and Consideration of Property Related Fee to Fund Parking
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Improvements, Parking Maintenance, and Parking Security at the Keller
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Street Garage Facility. (Marangella)
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RECQMMENDED ACTION: Determine whether a majority of property
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owners have presented written protests against the fee. If a majority
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protest. exists, take no action. If °no majority protest exists:
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Adopt Resolution :2003 -245 N.C.S. Imposing a Property Related Fee Under
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Proposition 2'18; "Subject to Voter Approval ", to Fund Parking Maintenance
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and Security, at the Keller Street Garage Facility and Setting a Mailed -
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Ballot; Property -Owner Election for February 2, 2004.
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Paul Marangella, Economic Development and Redevelopment Director,
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gave the staff report and clarified with the City Clerk that there have
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been 13 protests filed thus far, which results in 11% of the property owners.
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He recommended moving forward with adoption of the resolution.
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City Council' discussion ensued regarding the process and it was noted
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that protests could be filed through the*end. of the public hearing.
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31
JoAnn .Ritko. Pozzi', VP, Petaluma Downtown Association, addressed the
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City °Council and indicated the PDA Board and Directors thanks them for
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their consideration of the parking problems of business owners in the
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downtown and added they support: putting the issue to a vote of the
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property owners.
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Mayor Glass noted having received a letter of support for moving forward
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from Dorothy Bertucci:
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This being a duly noticed public hearing, Mayor Glass declared the public
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hearing open.
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43
George Whitten, Petaluma' ,Masonic Hall Association, addressed the City
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Council and read a letter from the president opposing the fee as currently
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proposed. He noted, he feels.if - is an added burden in addition to the fire
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sprinkler retrofit requirement. He urged. the Council to defer this proposal
47
or withdraw the sprinkler system requirement.
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Leo Lane, Petaluma, addressed the City Council in protest of the fee. He
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argued the claim that the:. garage. adds value to their property and
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concluded by stating property owners were told 20 years ago that this
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would not happen,
Vol. XX, Page 12 December 15, 2003
Jeff Harriman, McNear's Saloon, addressed the City Council in protest,of
the assessment.
Hearing no further requests to speak, Mayor Glass closed the 'Public
Hearing. .
City Council discussion ensued regarding the performance of the security
company, auditing procedures currently in place, and whether or not the
opportunity for placing .metered parking in `the downtown had been
thoroughly investigated as it relates to overall costs.
Staff indicated the Task Force had, looked at the feasibility of placing
parking meters in :the downtown and it had been determined the;d'ollar
investment would be significant and that it' was felt it would 'put the
downtown at a;;disadvantage with :other malls and shopping areas. Staff
added the parking garage is operating at a higher level of service than
ever before.
Council ;expressed some concern regarding the level of security service
proposed indicating there "was a ,general feeling it was excessive and
there should be a way to get the costs down.
Staff explained ;the security issues and noted properties have - fhe ,ability to
apply for .a rebate. It was also no"fed it may be necessary to reduce the
hours of security in the future based on actual revenues received. •
Council discussion continued regarding assessment engineering concerns,
as well as .the property owners' initial investment for the garage. It was
noted the proposed assessment is not more than what they have .been
paying and there have been $1 M in city improvements made to the
garage.
Council Member. Torliatt <expressed her concern about the hours of
security and urged "staff to look at decreasing the total amount of hours.
She also indicated there are many different..uses in the downtown now
from when the assessment was originally, done. She commented to staff
that if you look at "zones" in the there is also a need to look at.
the "uses.."
Mayor Glass- stated his support for the assessment as well as his ;support for
the downtown, business owners. He added parking meters would perhaps .
keep people away from shopping in the downtown. The Mayor
concluded by ,indicating the PDA has their work cut out for them and
urged "the Council to move forward with the resolution and see how it
moves forward,
A MOTION was made by Mayor Glass to adopt the resolution. Seconded'
by Council Member Healy who based his second on the PDA's
recommendation to move forward.
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December 15, 2003 Vol. XX, Page 13
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Council Member Canevaro indicated he would be voting 'NO' because
he feels the City hasn't gotten where they need to in terms of
investigating metered ,parking. He. stated', his support for the PDA but
indicated this,may not be the thing to do.
JoAnn, Pozzi stated the importance of the continued involvement of the
Task Force.
M/S Glass and Healy. CARRIED BY THE FOLLOWING VOTE:
AYES: Healy, O' Brien Torliatt, Moynihan and Glass
NOES: Canevaro and Harris
The City Council recessed at 8:28 p. m. to 8:35 p.m.
7. UNFINISHED BUSINESS
There, was extensive discussion on behalf of the City Council to determine which
item •should be heard first.
A. Motion for.Reconsideration of Action Taken November 17, 2003: Resolution
2003 -230 .N.C.S. Authorizing Amendment to Contract with Hilton, Farnkopf
Hobson; 1LC for Additional Work in the Amount of $59,918; and
Resolution 2003 -231 WC.S Authorizing Amendment to Empire Waste
Management's Franchise Agreement Extending Expiration Date Until No
Later.Than February 28, 2.005. `(A Motion for Reconsideration was made by
.Council Member Moynihan ,at the. December 1, 2003 Meeting. According
to the City Council Rules and Regulations; a second to the motion is
required at this meeting, with a majority of the Council voting in favor of
reconsideration, for the actual reconsideration of the matter to be heard
at'the January 5, 2004 CityCounc'il Meeting:)
Council. Member' Moynihan restated his MOTION for reconsideration:
MOTION to reconsider the, amendment to Empire Waste Management's
Franchise Agreement Extending the Expiration to no later than February
28, 2005..
He noted he is suggesting this in order to give the Council an opportunity
to open the two proposals and consider :those proposals in extending the
agreement and terms and conditions of that extension. He noted he
-, would" like, to have the benefit of that information in advance of this
extension and in advance of the consideration of the final contract. He
concluded he would be happy to take, final, definitive action on this at the
next Council Meeting. Council Member Healy seconded the motion.
Council Member Healy noted part of his motivation for doing so is the City
has received confirmation from the two companies that submitted
proposals last 'spring that they are still prepared to stand behind their
proposals. He added those proposals have not been analyzed and
presented to the Council or the community and he feels the Council
would bellying blind making decisions, on whether to go out for anything
else without the benefit of that kind of`information.
Vol. XX, Page 14 December 15, 2003
Council Member Moynihan mfed his concern with dealing specifically
-with the extension period is-to possibly sage the ratepayers some money.
He indicated he would expect the consultant to come back, potentially,
I a modified recommendation as to the extension, other than just
continuing -it under the same terms and conditions for a six= _rn_o_ nth
extension.
City Attorney Rudnansky :clarified the restated motion is acceptable
based on the information included on the agenda.
Vice ,Mayor O'Brien commented 'the Council really isn't "flying .Mind as
one, of the proposers released information through ads in local
newspaper. It appears by those ads, the ratepayer would only be saving
about $60.00. He concluded. he is looking for a better product
environmentally and. for the ratepayer.
City Council, discussion continued and by consensus the Council agreed to
move forward with the presentation on 7.,g prior to voting on the
MOTION FOR RECONSIDERATION.'
B.' Resolution Approving Amendment to Solid Waste .Collection Request for
Proposalsand Authorization to Solicit.Pro'posals. (Beatty)
Bob Hilton, Hilton, Farnkopf :& ;Hobson, LLO, gave a presentation on the
status of the Request for Proposals and asked for clarification from the
Council on how ;to proceed with procurement and direction on a policy
for collection of commercial recyclables.
Extensive City. Council discussion ensued with Council Member Torliatt
pointing out that the former City Council made their decision to move
forward with this process based on a "competitive process." Since that
time; there have only been two bids ',received, with now two other
competitors. being interested in bidding. She noted this now changes the
whole position of the Council.
Discussion continued regarding many aspects of the Request for
Proposals, including the percentage of diversion levels, food waste
collection program, and commercial "recycling.
Public Input
Curtis Michelini, .Industrial Carting,. the City Council 'indicating
his support for a new Request for Proposals. He indicated his preference
for Option B2 regarding Commercial Recycldbles.
Gary Liss, Industrial Carting, addressed the City Council in support of a
new RFP and also supported Alternative B'2:
Ernie Carpenter-, Industrial Carting, addressed the'City.Council in support
of a new RFP and indicated -they most definiteWw be bidding for the
commercial recycling. He urged the Council to stay "with Option B2.
37 2. Solicit three proposal scenarios that present plans for diverting 50 %,
38 605 and 70% of the waste stream collected and which:
39 a. Do not mandate the types' of programs companies include in their
40 proposals.
41 b. Allow proposers to use non- County facilities for solid waste disposal
42 and yard debris composting.
43 3. Reserve the right in the franchise agreement for-the City to direct the
44 franchise hauler to implement: a food waste collection program at a
45 later date, based on mutually agreeable terms.
December 15, 2003 Vol. XX, Page 15
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John Legnitto, Norcal Waste. Systems, addressed the City Council noting
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their intent to respond to the new RFP. He commented extensively on
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commercial r e cycling, and indicated the disposal aspect could be re -bid
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at anytime with an RFP. He noted the current provider is unionized and if
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they were to remain competitive with their bidding they would need
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information on wages. He continued. by supporting Alternative BI, which
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would be.. for the City to maintain exclusive right for solid waste franchise
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hauler, except other parties being allowed to collect materials if they pay
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the generator a fee.
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Joe Garbarino, Marin Sanitary Service,.' addressed the City Council and
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encouraged them to reissue the RFP and forget about JPA fees. He
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stressed this is a service to and for the City of Petaluma. He urged the
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Council support Alternative Bl.
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John Legnitfo readdressed -the City Council and urged a separate City
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disposal service at the landfill. .
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Public comment, was closed.
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Extensive City Council discussion ensued 'regarding the various options.
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Ultimately, Council directed "'staff to proceed'with Option A4, described in
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the agenda report as follows: . "Revise and reissue the RFP making
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changes that match final Council preferences (described below) which
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may or may not conform with current JPA member agency requirements;
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solicit proposals; and return to Council with an evaluation report after new
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, proposals are received. " Council stated its preferences regarding revisions
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to the RFP as follows
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1. Solicit one proposalsI scenario that complies with the JPA's program
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commitments to the state to meet the state's 50% diversion
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requirements (i.e., requir..e companies to propose implementation of
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residential single stream recyclables collection and weekly yard debris
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collection and to use County facilities for solid waste disposal and
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ydrd� debris composting).
37 2. Solicit three proposal scenarios that present plans for diverting 50 %,
38 605 and 70% of the waste stream collected and which:
39 a. Do not mandate the types' of programs companies include in their
40 proposals.
41 b. Allow proposers to use non- County facilities for solid waste disposal
42 and yard debris composting.
43 3. Reserve the right in the franchise agreement for-the City to direct the
44 franchise hauler to implement: a food waste collection program at a
45 later date, based on mutually agreeable terms.
Vol. XX, Page 16
December 15, 2003'
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4. Request a separate proposal for a food waste collection program as
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part of the current procuremenf, with the 'understanding that the •
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acceptance of any such proposal. is at the City's option.
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5. Require companies to propose collection vehicles that use
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alternative /efficient fuels: that `'meetstate law."
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6. Review the assignment and bankruptcy terms in the franchise
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agreement and modify those terms, if appropriate,, to strengthen.
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7. Provide current collection vehicle :drivers and mechanics wage
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information- for informational purposes only as part of the RFP.
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Second, Council directed staff to proceed with Option B2 to allow
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multiple hauling companies to charge commercial businesses for
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collection of commercial recyclables hauled in debris boxes'. As
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presented in. the agenda report, Option B2 directs *staff to' ''Estab'lish a
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policy that collection - of recyclable materials generated: by businesses -
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which are hauled in debris boxes may be performed by multiple haulers
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through on open market that'is , regulated through non - exclusive franchise
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agreement system. Direct staff to revise the RFP for exclusive franchise
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service to reflect this policy, to prepare a nonexclusive franchise
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agreement; and to return to Council to present the non - exclusive
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franchise agreement for review and approval.''
21 Although Council did not provide direction to staff regarding other
22 modificafions to the RFP ids outlined in the. November 21, 2003.1etter from
23 Hilton Farnkopf & H;obson and included 'in the agenda packet -, it was felt
24 there was consensus to make those minor changes.as outlined.
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26 Council Member Torliatf noted concern with including language into the
27 agreement that would address when an, entity sells to another: and /or
28 there 'is a bankruptcy. Mr. Hilton responded there is language to address
29 such issues and it-would be dealt with during contract negotiations.
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31 Ken'Wells addressed the City Council regarding - .existing food waste
32 composting in Sonoma County and the countywide Solid Waste
33 'Management Plan, which'calls for 70% diversion by 2015.
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35 Gene Beatty noted if a proposer elects to .give a bid for outside the JPA
36 area for disposal, there are, costs associated with that that are generally
37 paid for through atipping fee.
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39 Council consensus was there was sufficient direction given "for the
40 Consultant to move forward with a new Request for Proposals.
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42 A. MOTION FOR RECONSIDERATION
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44 Council l. then returned to item 7.A and voted on the MOTION FOR
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December 15 „2003 Vol. XX, Page 17
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It was noted the motion did not include opening the existing bids and that
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the basic issue is whether the Council wants more flexibility as to when the
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extension -of the current contract ends. It was noted that issue will come
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back for full Council discussion at the January 5, 2004 City Council
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Meeting,
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M/S Moynihan .and Healy. CARRIED BY THE FOLLOWING VOTE:
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AYES: Caneva"ro, Harris, Healy, O'Brien, Moynihan and Glass
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NOES. Torliatt
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Council Member Moynihan stated he would. be asking, when this is
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reconsidered, if this is the lowest rate achievable in the extension.
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ADJOURN
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The meeting was ,adjourned at 10:35 p.m. to the next regularly scheduled meeting.
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David Glass, Mayor
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Attest:
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Gayle Petersen, City Clerk
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