HomeMy WebLinkAboutCity Council/PCDC Minutes 01/03/2011 January 3, 2011 Vol. 45, Page 423
4 4 r City of Petaluma, California
at R -; ; MEETING OF THE CITY COUNCIL/
"N PETALUMA COMMUNITY DEVELOPMENT COMMISSION
1858
I
1 City Council /PCDC Minutes
2 Monday, January 3, 2011
3 Regular Meeting
4
5
6 MONDAY, JANUARY 3, 2011
7 RECEPTION: CITY HALL FOYER - 6:00 P.M.
8
9
10 RECEPTION for Newly Elected Mayor and Council Members.
11
12
13 MONDAY, JANUARY 3, 2011
14 EVENING SESSION - 7:00 P.M.
15
16 CALL TO ORDER - EVENING SESSION - 7:00 P.M.
17
18 A. Roll Call
19
20 Council Members Barrett, Harris, Healy, and Renee; Vice Mayor Glass; Mayor Torliatt
21 (Former Council Member Rabbitt was present to comment, but was not included in the
22 roll call because he had already been sworn in as Sonoma County Supervisor)
23
24 B. Pledge of Allegiance
25
26 C. Moment of Silence
27
28 SWEARING -IN CEREMONY FOR SCHOOL BOARD TRUSTEES
_ 29
30 City Clerk Cooper swore in newly elected Petaluma Joint Union High School District Board Trustee
31 Sheri Chlebowski and re- elected Trustees Mike Baddeley and Carolyn Tennyson.
32
33 COUNCIL COMMENT
34
35 Sonoma County Supervisor David Rabbitt
36
37 Council Member Harris
38
39 Council Member Barrett
40
41 Vice Mayor Glass
42
43 Council Member Renee
44
Vol. 45, Page 424 January 3, 2011
1 Council Member Healy
2
3 Mayor Torliatt
4
5 SWEARING -IN CEREMONY FOR MAYOR AND COUNCIL MEMBERS
6
7 Outgoing Mayor Pamela Torliatt swore in newly - elected Mayor David Glass. City Clerk
8 Cooper swore in newly - elected Council Member Chris Albertson, and re- elected Council
9 Members Teresa Barrett and Mike Harris.
10
11 D. Roll Call
12
13 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
14 Tiffany Renee
15 Absent: None
16
17 AGENDA CHANGES AND DELETIONS (Current Agenda Only)
18
19 Mayor Glass announced that Item 5.A would be heard next, as staff had requested that the
20 item be continued to a date to be determined.
21
22 5. PUBLIC HEARING
23
24 A. Public Hearing on Resolution Amending Master Fee Schedule for City Services to
25 Add Updated Fees and Charges for Building Permits and Other Building Division
26 Services and Repealing Previously Adopted and Conflicting Fees and Charges for
27 such Building Division Services. (Brown /Hamer) - Continued from the December
28 6, 2010 Meeting
29
30 Motion: Continue A. Public Hearing on Resolution Amending Master Fee Schedule
31 for City Services to Add Updated Fees and Charges for Building Permits and Other
32 Building Division Services and Repealing Previously Adopted and Conflicting Fees
33 and Charges for such Building Division Services, to a date to be determined.
34
35 Moved by Teresa Barrett, seconded by Mike Healy.
36
37 City Attorney Danly
38
39 Mayor Glass
40
41 Vote: Motion carried 6 -0.
42
43 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
44 Tiffany Renee
45 No: None
46 Abstain: None
47 Absent: None
48
49 PROCLAMATION
50
51 • Citizen Recognition: Nathan Olaf Andressen
52
•
January 3, 2011 Vol. 45, Page 425
•
1 Mayor Glass announced that this item would be rescheduled due to illness.
2
.3 PRESENTATIONS
4
5
• The City of Petaluma - Ellis Creek Water Recycling Facility 2010 WateReuse Award of Merit.
6
7 Pamela Tuft, Water Resources and Conservation Interim Director
8
9 Mayor Glass
10
11 Interim Director Tuft
12
13 0 Award of Presentation to Permalla Dental Care for Becoming the First Pollution Prevention
14 Partner by Participating in the City of Petaluma's Voluntary Mercury Amalgam Recovery
15 Program. (Tuft)
16
17 Mayor Glass
18
19 Pamela Tuft, Water Resources and Conservation Interim Director
20
2-1 O Five -Year General Fund Fiscal Sustainability Study. (Puckett)
22
23 Marc Puckett, Finance Director
24
25 City Manager Brown
26
27 Mayor Glass
28
29 Council Member Harris
30
31 Director Puckett
32
33 Council Member Harris
34
35 City Manager Brown
36
37 Council Member Harris
38
39 Council Member Renee
40
41 City Manager Brown
42
43 Mayor Glass
44
45 City Manager Brown
46
47 Mayor Glass
48
49 Council Member Healy
50
51 City Manager Brown
52
Vol. 45, Page 426 January 3, 2011
1 Council Member Healy
2
3 Council Member Barrett
4
5 Council Member Albertson
6
7 Director Puckett
8
9 Council Member Albertson
10
11 Director Puckett
12
13 Council Member Albertson
14
15 Council Member Renee
16
17 Mayor Glass
18
19 PUBLIC COMMENT
20
21 Richard Shafii, Petaluma, said he has been given the run - around by the City Water Department
22 and asked that someone be assigned to his case.
23
24 Mayor Glass
25
26 Wayne Clark, Petaluma, spoke about the various individuals representing the public on the State
27 and County level.
28
29 Zen Destiny, Petaluma, he stated that the Republicans' and Democrats' relationship with the tea
30 party is kind of like an ex -wife; they try to destroy anything they can't control
31
32 Michael Orton, Petaluma, stated that the Council has quite a task ahead of them. He discussed
33 bicycle baths and 101 and Petaluma Boulevard South interchange.
34
35 Katherine Bobrowski, Petaluma, thanked Mayor Torliatt for coming to all the Relays for Life
36 and congratulations to Council Members Albertson, Barrett, Harris, and Glass on election.
37 Further, she spoke about vandalism in the Little Woods Mobile Home Park, where she lives.
38
39 COUNCIL COMMENT
40
41 Council Member Renee
42
43 CITY MANAGER COMMENT
44
45 City Manager Brown
46
47 Mayor Glass
48
49 City Manager Brown
50
51
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January 3, 2011 Vol. 45, Page 427
•
1 1. APPROVAL OF PROPOSED AGENDA
2
3 A. Approval of Proposed Agenda for Regular City Council /PCDC Meeting of
4 Monday, January 24, 2011.
5
I 6 Council Member Barrett
7
8 City Manager Brown
9
10 Mayor Glass
11
12 Motion: Approve A. Proposed Agenda for Regular City Council /PCDC Meeting of
13 Monday, January 24, 2011, as amended to remove one instance of an item that
14 was listed twice.
15
16 Moved by Teresa Barrett, seconded by Mike Healy.
17
18 Vote: Motion carried 6 -0.
19
20 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
21 Tiffany Renee
22 No: None
23 Abstain: None
24 Absent: None
25
26 2. CONSENT CALENDAR
27
28 A. Resolution 2011 -001 N.C.S. to Accept Claims and Bills for November, 2010.
29 (Puckett)
30
31 Motion: Approve A. Resolution 2011 -001 N.C.S. to Accept Claims and Bills for
32 November, 2010.
33
34 Moved by Mike Harris, seconded by Teresa Barrett.
35
36 Vote: Motion carried 6 -0.
3.7
38 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
39 Tiffany Renee
40 No: None
41 Abstain: None
42 Absent: None
43
44 B. Resolution 2011 -002 N.C.S. Approving Award of Contract for the 10th Street Water
45 and Sewer Main Replacement Project. (tuff /Gothard)
4 "6
47 Council Member Healy
48
49 Remleh Scherzinger, Water Resources and Conservation Utility Engineering
50 Manager
51
52 Council Member Healy
Vol. 45, Page 428 January 3, 2011
1
2 Mr. Scherzinger
3
4 Council Member Healy
5
6 Mr. Scherzinger
7
8 Mayor Glass
9
10 Mr. Scherzinger
11
12 Mayor Glass
13
14 Council Member Healy
15
16 Mr. Scherzinger
17
18 Council Member Healy
19
20 Council Member Barrett
21
22 Mr. Scherzinger
23
24 City Manager Brown
25
26 Mayor Glass
27
28 City Manager Brown
29
30 Mayor Glass
31
32 Council Member Barrett
33
34 Motion: Approve B. Resolution 2011 -002 N.C.S. Approving Award of Contract for
35 the 10th Street Water and Sewer Main Replacement Project. (Tuff /Gothard)
36
37 Moved by Teresa Barrett, seconded by Tiffany Renee.
38
39 Vote: Motion carried 5 -1.
40
41 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
42 Tiffany Renee
43 No: Mike Healy
44 Abstain: None
45 Absent: None
46
47 C. Resolution 2011 -003 N.C.S. Authorizing the City of Petaluma to'Accept a $200,000
48 Traffic Safety Grant from the California Office of Traffic Safety to Continue
49 Impaired Driving Enforcement and Education Efforts. (Fish)
50
51
52
January 3, 2011 Vol. 45, Page 429
1 Public Comment on Item 2.0
2
'3 Zen Destiny, Petaluma, said he is opposed to the arbitrary detainment of our
4 citizens without probable cause.
"5
6 Council Member Harris
7
8 Motion: Approve C. Resolution 2011 -003 N.C.S. Authorizing the City of Petaluma
9 to Accept a $200,000 Traffic Safety Grant from the California Office of Traffic
10 Safety to Continue Impaired Driving Enforcement and Education Efforts. (Fish)
11
12 Moved by Mike Harris, seconded by Mike Healy.
13
14 Council Member Renee
15
16 Mayor Glass
17
18 Council Member Healy
19
20 Council Member Barrett
21
22 Police Chief Dan Fish
23
24 Council Member Barrett
25
26 Chief Fish
27
28 Council Member Barrett
29
30 Chief Fish
31
32 Council Member Barrett
33
34 Chief Fish
35
36 Council Member Barrett
37
38 City Manager Brown
39
40 Council Member Barrett
41
42 Chief Fish
43
44 City Manager Brown
45
46 Council Member Barrett
47
48 Chief Fish
49
50 Council Member Barrett
51
52 Chief Fish
Vol. 45, Page 430 January 3, 2011
1
2 Mayor Glass
3
4 City Manager Brown
5
6 Mayor Glass
7
8 Council Member Albertson
9
10 Vote: Motion carried 6 -0.
11
12 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
13 Tiffany Renee
14 No: None
15 Abstain: None
16 Absent: None
17
18 3. UNFINISHED BUSINESS
19
20 A. Uraency Ordinance 2394 N.C.S. Approving Amendment No.1 to Option
21 Agreement between the City of Petaluma and Regency Petaluma LLC; and,
22 Resolution 2011 -004 N.C.S. Approving Right of Way Contract between Regency
23 Petaluma LLC, the City of Petaluma and the State of California, Acting by and
24 through its Director of Transportation. (Danly)
25
26 Mayor Glass
27
28 City Attorney Danly
29
30 Mayor Glass
31
32 City Attorney Danly
33
34 Mayor Glass
35
36 Vince Marengo, Public Works Director
37
38 Council Member Healy
39
40 Motion: Approve A. Uraencv Ordinance 2394 N.C.S. Approving Amendment No.1
41 to Option Agreement between the City of Petaluma and Regency Petaluma LLC;
42 and, Resolution 2011 -004 N.C.S. Approving Right of Way Contract between
43 Regency Petaluma LLC, the City of Petaluma and the State of California, Acting
44 by and through its Director of Transportation.
45
46 Moved by Mike Healy, seconded by Mike Harris.
47
48 Vote: Motion carried 6 -0.
49
50 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
51 Tiffany Renee
52 No: None
January 3, 2011 Vol. 45, Page 431
1 Abstain: None
2 Absent: None
3
• 4 Council Member Renee
5
I 6 4. NEW BUSINESS
. 7
8 A. Resolution 2011 -005 N.C.S. Appointing Mike Healy as Vice Mayor for 2011.
9 (Cooper)
10
11 Motion: Approve A. Resolution 2011 -005 N.C.S. Appointing Mike Healy as Vice
12 Mayor for 2011.
13
14 Moved by Teresa Barrett, seconded by Mike Harris.
15
16 Vote: Motion carried 6 -0.
17
18 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
19 Tiffany Renee
20 No: None
21 Abstain: None
22 Absent: None
23
24 B. Resolution Confirming Council Liaison Appointments. (Cooper)
25
26 Motion: Approve B. Resolution Confirming Council Liaison Appointments, as
27 presented.
28
29 Moved by Teresa Barrett, seconded by Tiffany Renee.
30
31 Council Member Harris
32
33 Mayor Glass
34
35 Council Member Renee
'36
37 Council Member Harris
38
39 Mayor Glass
40
41 Council Member Albertson
42
43 Mayor Glass
I 44
45 Vice Mayor Healy
46
47 Mayor Glass
48
49 Vice Mayor Healy
50
51 Mayor Glass
52
Vol. 45, Page 432 January 3, 2011
1 Council Member Barrett
2
3 Council Member Renee
4
5 Council Member Barrett
6
7 Mayor Glass
8
9 Council Member Renee
10
11 Mayor Glass
12
13 Vote: Motion failed 3 -3.
14
15 Yes: Teresa Barrett; David Glass; Tiffany Renee
16 No: Chris Albertson Mike Harris; Mike Healy
17 Abstain: None
18 Absent: None
19
20 C. Discussion and Possible Action Regarding Council Vacancy. (Brown)
21
22 Mayor Glass
23
24 Public Comment on Item 4.0
25
26 Robert Ramirez, Petaluma, encouraged the Council to appoint Jason Davies to fill
27 the vacancy on Council.
28
29 Zen Destiny, Petaluma, asked that the Council not punt the issue to a special
30 election, and said, "Don't hide behind the citizenry to avoid a difficult decision."
31
32 Heidi Rhymes, Petaluma, suggested that the Charter be amended to say that a
33 vacancy would be filled by the next highest vote - getter. Until then, she
34 encouraged the Council to appoint
35 Jason Davies to fill the vacancy.
36
37 Dave Libchitz, Petaluma, said half an hour ago he had a different speech and
38 stated he is not a "happy camper. " He suggested appointing the fourth place
39 finisher because it gives the public a voice.
40
41 Tom Brown, Petaluma, told Council his wife says his tombstone will say "Ever
42 Hopeful." He said he would like to see Jason Davies appointed to the vacant
43 seat.
44
45 Allen Pendley, Petaluma, spoke in support of Jason Davies for the appointment.
46
47 Bill Phillips, Petaluma, read from the Economic Development Strategy Plan and
48 the importance of technology and communications jobs and spoke of Jason
49 Davies and his qualifications for the vacant seat on Council.
50
51 Jerry Price, Petaluma, spoke in support of appointing Jason Davies.
52
January 3, 2011 Vol. 45, Page 433
•
1 Katherine Bobrowski, Petaluma, said that the Council should choose the
2 right person who will go out and investigate the problems and correct them.
3
4 Thom Butler, Petaluma, congratulated the newly elected and re- elected and
5 spoke in support of appointing Jason Davies.
6
7 Valerie Williams, Petaluma, said the people of Petaluma have already selected
8 the next member of Council, Jason Davies.
9
1 0 Victor Chechanover, Petaluma, said that as a great believer in democracy and
11 someone who did not vote for Jason Davies, he still believes that democracy
12 requires that you appoint Jason Davies as the next highest vote getter.
13
14 Cecily Wallace, Petaluma, proposed to the Council that a special election should
15 not occur as the charter says the Council shall appoint someone to fill the seat.
16 She called upon the Mayor and Council to start the new year, a new
17 decade, with a new outlook and a new spirit of cooperation.
.18
19 Dale Axelrod, Petaluma, said there were three options; an appointment of
20 someone other than Jason Davies, appoint Jason Davies, or continue in this 3/3
21 split. Despite what happened with Mayor's proposal for liaison appointments, he
22 still thought it possible to carry on as a six - person Council.
23
2'4 Jason Davies, Petaluma, congratulated Mayor Glass and newly elected and re-
2'5 elected Council Members Albertson, Barrett, and Harris. He said he believes he
26 has needed skills for filling the Council vacancy.
27
. 2'8 John Hanania, Petaluma, he said he came down to see how everyone would get
29 along, and frankly, he was disappointed. He said a special election will not do
30 the City any good. He further stated that each member of Council is different,
31 but they need to work together to accomplish anything.
32 Council Member Barrett
33
34 Motion: Approve Appointment of Jason Davies to complete the unexpired
35 Council Member term, expiring December 31, 2012.
36
37 Moved by Teresa Barrett, seconded by Tiffany Renee.
38
39 Council Member Albertson
40
41 Council Member Harris
42
43 Vice Mayor Healy
II 4'4
45 Mayor Glass
46
47 Vice Mayor Healy
48
49 Mayor Glass
50
5 Council Member Harris
52
Vol. 45, Page 434 January 3, 2011
1 Mayor Glass
2
3 Motion: Call for the question on the motion on the table.
4
5 Moved by Tiffany Renee, seconded by David Glass.
6
7 Council Member Barrett
8
9 Vote: Motion carried 5 -1.
10
11 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
12 Tiffany Renee
13 No: Mike Healy
14 Abstain: None
15 Absent: None
16
17 Vote: Motion failed 3 -3.
18
19 Yes: Teresa Barrett; David Glass; Tiffany Renee
20 No: Chris Albertson Mike Harris; Mike Healy
21 Abstain: None
22 Absent: None
23
24 Council Member Albertson
25
26 Mayor Glass
27
28 Motion: Approve continuing the meeting past 11:00 p.m., in accordance with
29 Council's Rules, Policies, and Procedures
30
31 Moved by Teresa Barrett, seconded by David Glass.
32
33 Vote: Motion carried 6 -0.
34
35 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
36 Tiffany Renee
37 No: None
38 Abstain: None
39 Absent: None
40
41 Mayor Glass
42
43 Vice Mayor Healy
44
45 Council Member Renee
46
47 City Attorney Danly
48
49 Mayor Glass
50
51 City Attorney Danly
52
January 3, 2011 Vol. 45, Page 435
1 City Manager Brown
2
3 Mayor Glass
4
5 Vice Mayor Healy
1 ,6
7 Council Member Barrett
'8
9 Mayor Glass
10
11 Council Member Barrett
12
13 City Attorney Danly
14
i5 City Manager Brown
16
17 Vice Mayor Healy
18
1.9 Council Member Harris
20
21 Council Member Barrett
,. „„ 22
23 Council Member Harris
24
25 Council Member Barrett
26
27 Council Member Albertson
28
29 Mayor Glass
30
31 Council Member Albertson
.32
;33 Mayor Glass
34
35 Council Member Harris
36
37 Council Member Renee
38
39 Vice Mayor Healy
40
41 Council Member Barrett
42
43 Mayor Glass
4 4
45 City Manager Brown
46
47 Council Member Barrett
48
49 Council Member Renee
50
51 Mayor Glass
52
Vol. 45, Page 436 January 3, 2011
1 Vice Mayor Healy
2
3 Mayor Glass announced that there was Council consensus to release the
4 application form, as amended, and to hold a Special City Council Meeting on
5 Monday, January 31, 2011, at 6:00 p.m. to review the applications.
6
7 City Manager Brown confirmed that the deadline for submitting applications to fill
8 the vacancy on Council would be Thursday, January 20, 2011, at 5:00 p.m.
9
10
11
12 MONDAY, JANUARY 3, 2011
13 CLOSED SESSION FOLLOWING EVENING SESSION
14
15
16 CLOSED SESSION - FOLLOWING EVENING SESSION
17
18 Motion: Adjourn to CLOSED SESSION
19
20 Moved by Mike Healy, seconded by Tiffany Renee.
21
22 Vote: Motion carried 6 -
23
24 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Tiffany Renee
25 No: None
26 Abstain: None
27 Absent: None
28
29 CLOSED SESSION
30
31 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
32 pursuant subdivision (b) of §54956.9 (California Government Code): one potential case. Existing facts
33 and circumstances that support that a significant exposure to litigation exists are reflected in requests
34 for additional compensation submitted by Kiewit Pacific Company to the City concerning the Ellis
35 Creek Water Recycling Facility project. Compensation requests will be made available for public
36 inspection on request.
37
38 PUBLIC COMMENT ON CLOSED SESSION ITEMS
39
40 None.
41
42 ADJOURN TO CLOSED SESSION
43
44 Council adjourned to CLOSED SESSION at 11:55 P.M.
45
46 REPORT OUT OF CLOSED SESSION
47
48 None.
49
50 ADJOURN
51
52 CLOSED SESSION was adjourned at 12:25 a.m.
53
January 3, 2011 Vol. 45, Page 437
1
2 ( ' )
3 David Glass, Mayor
4
5 ATTEST:
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9 a owt_k_.)
10 Claire Cooper, CMC, City Cle
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