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HomeMy WebLinkAboutCity Council/PCDC Minutes 08/01/2011 August 1, 2011 Vol. 46, Page 137 4 C City of Petaluma, California a ..1�. ,� MEETING OF THE CITY COUNCIL/ n / PETALUMA COMMUNITY DEVELOPMENT COMMISSION /858 1 City Council /PCDC Minutes 2 Monday, August 1, 2011 3 Regular Meeting 4 5 6 7 MONDAY, AUGUST 1, 2011 8 CLOSED SESSION - 6:00 P.M. 9 10 11 CALL TO ORDER - CLOSED SESSION 12 13 A. Roll Call 14 15 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 16 Mike Healy; Gabe Kearney; Tiffany Renee 17 Absent: None 18 19 CLOSED SESSION 20 21 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation 22 pursuant subdivision (b) of §54956.9 (California Government Code): one potential case. Existing facts 23 and circumstances that support that a significant exposure to litigation exists are reflected in requests 24 for additional compensation submitted by Kiewit Pacific Company to the City concerning the Ellis 25 Creek Water Recycling Facility project. Compensation requests will be made available for public 26 inspection on request. 27 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation 28 pursuant to subdivision (b) of §54956.9: One potential case. 29 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code §54957.6. Agency 30 Designated Representatives: John Brown and Pamala Stephens. Employee Organizations: AFSCME Unit 31 1 - Confidential, Unit 2 - Maintenance, Unit 3 - Clerical /Technical, Petaluma Professional & Mid - 32 Manager Association Unit 4 - Professional, Unit 9 - Mid - Managers, and Unit 11 - Confidential, Peace 33 Officers' Association of Petaluma Unit 6- Police, International Association of Firefighters Local, 1415 Unit 34 7 - -.Fire and Petaluma Public Safety Mid - Management Association Unit 10 - Public Safety Mid - 35 Managers. 36 37 PUBLIC COMMENT ON CLOSED SESSION ITEMS 38 39 Zen Destiny, Petaluma, spoke about City management and their role in union rights. 40 41 ADJOURN TO CLOSED SESSION 42 43 44 45 46 Vol. 46, Page 138 August 1, 2011 1 MONDAY, AUGUST 1, 2011 2 EVENING SESSION - 7:00 P.M. 3 4 CALL TO ORDER - EVENING SESSION 5 6 A. Roll Call 7 8 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 9 Mike Healy; Gabe Kearney; Tiffany Renee 10 Absent: None 11 12 B. Pledge of Allegiance 13 14 Mike Kerns, Petaluma 15 16 C. Moment of Silence 17 18 AGENDA CHANGES AND DELETIONS - Changes to current agenda only. 19 20 Mayor Glass announced that Item 4.A would be opened now and continued to the September 21 12, 2011 Regular City Council /PCDC Meeting. 22 23 4. PUBLIC HEARING 24 25 A. Public Hearing to Adopt Resolution Ordering the Vacation and Abandonment of 26 a Portion of Cherry Street Adjacent to St. Vincent High School. (Bates) 27 28 Mayor Glass opened the PUBLIC HEARING. 29 30 Motion: Approve continuation of this item to the September 12, 2011 Regular City 31 Council /PCDC Meeting. 32 33 Moved by Mike Healy, seconded by Tiffany Renee. 34 35 Vote: Motion carried 7 -0. 36 37 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 38 Mike Healy; Gabe Kearney; Tiffany Renee 39 No: None 40 Abstain: None 41 Absent: None 42 43 CITY MANAGER COMMENT 44 45 City Manager Brown 46 47 Mayor Glass 48 49 Bill Mushallo, Finance Director 50 51 Mayor Glass 52 August 1, 2011 Voi. 46, Page 139 1 REPORT OUT OF CLOSED SESSION (Actions Taken) 2 3 None. 4 5 PRESENTATION 6 7 o Presentation Regarding Carryout Bags (Sonoma County Waste Management Agency) 8 9 Patrick Carter, Program Manager, Sonoma County Waste Management Agency 10 11 Council Member Renee 12 13 Mr. Carter 14 15 Mayor Glass 16 17 Mr. Carter 18 19 Mayor Glass 20 21 Henry Mikus, Executive Director, Sonoma County Waste Management Agency 22 23 Council Member Renee 24 25 Council Member Kearney 26 27 Vice Mayor Healy 28 29 Mr. Carter 30 31 Vice Mayor Healy 32 33 Mr. Carter 34 35 Mayor Glass 36 37 Mr. Carter 38 39 Council Member Renee 40 41 Council Member Albertson 42 43 Mr. Carter 44 45 City Manager Brown 46 47 Mayor Glass 48 49 City Manager Brown 50 51 Vice Mayor Healy 52 Vol. 46, Page 140 August 1, 201 1 1 Assistant City Attorney Leslie Thompsen 2 3 Mayor Glass 4 5 Assistant City Attorney Thompsen 6 7 Vice Mayor Healy 8 9 Mayor Glass 10 11 Mr. Mikus 12 13 Mayor Glass 14 15 Assistant City Attorney Thompsen 16 17 Mayor Glass 18 19 Public Comment on Presentation 20 21 Zen Destiny, Petaluma, stated that he feels that any fees derived from a ban on single use 22 carryout bag would be misplaced by big government. 23 24 Richard Brawn, Petaluma, stated there are some communities where a prohibition on single - 25 use bags is needed, but Petaluma is not one of them. This would affect business owners, and 26 they should have a right to veto such matters. 27 28 Mayor Glass 29 30 Council Member Kearney 31 32 Council Member Barrett 33 34 Mayor Glass 35 36 Vice Mayor Healy 37 38 Council Member Harris 39 40 Mayor Glass 41 42 Council Member Renee 43 44 Mayor Glass 45 46 Council Member Renee 47 48 Mayor Glass 49 50 Council Member Kearney 51 52 Council Member Albertson August 1, 2011 Vol. 46, Page 141 1 Mayor Glass 2 3 City Manager Brown 4 5 Vice Mayor Healy 6 7 Mr. Carter 8 9 Mayor Glass 10 11 Council Member Renee 12 13 Mayor Glass 14 15 Council Member Harris 16 17 City Manager Brown 18 19 PUBLIC COMMENT 20 21 Noel Agajan, Petaluma, thanked Council for asking representatives from St. Vincent's High 22 School to meet with the neighbors about the Cherry Street backstops. 23 24 Mayor Glass 25 26 Jeff Mayne, Petaluma, Sonoma Equity Lending, told Council property owners near the SMART 27 train depot site, 840 North McDowell Boulevard, have tried to work with SMART and sell 28 properties for eight years without success. He suggested reaching out to SMART to with a lease 29 option agreement. 30 31 Zen Destiny, Petaluma, stated that "the SMART Train was born with a lobotomy." He is also 32 concerned about doing away with the Police Captain position as the Lieutenants will be "doing 33 Captains' work for the next twenty -five years." 34 35 Cindy Thomas, Petaluma, asked Council to take a serious look at the fireworks problem. The 36 community should be allowed to weigh in on how they would like to see the fireworks issue 37 handled. Non - profits can raise funds in other ways than fireworks sales. 38 39 Mike Kerns, Retired Sonoma County Supervisor, Retired Petaluma Police 40 . Sergeant, Petaluma, expressed concern about elimination of Captains' positions in the Police 41 Department. He said he is not sure how much information Council was given prior to making the • 42 decision, or what were the motivations behind the decision. Flattening the organization at that 43 level results in less control, less accountability and low morale 44 45 Cleve Masad, Petaluma, says that the decision to eliminate the Police Captain position is a very 46 bad one. 47 48 Katherine Bobrowski, Petaluma, requested that the City please not eliminate the Police Captain 49 position. She would like to know who owns the property in the marina where she fell. She stated 50 that the manager at her mobile home park is, with family and friends, trespassing on and 51 vandalizing her property. 52 Vol. 46, Page 142 August 1, 2 01 1 1 Dick Sharke, Petaluma, came back from Vietnam wanting to make a difference in his 2 community and lives by one word: integrity. Dave Sears, an "awesome man," was demoted 3 and only two Council Members stood up for him. He does not think that shows integrity. He does 4 not trust the folks running this community now and thinks there is collusion. 5 6 COUNCIL COMMENT 7 8 Mayor Glass 9 10 Council Member Barrett 11 12 Council Member Renee 13 14 Vice Mayor Healy 15 16 Council Member Harris 17 18 City Manager Brown 19 20 Council Member Harris 21 22 Council Member Kearney 23 24 Council Member Albertson 25 26 Mayor Glass 27 28 City Manager Brown 29 30 Council Member Renee 31 32 City Manager Brown 33 34 Council Member Renee 35 36 1. APPROVAL OF MINUTES 37 38 A. Approval of Minutes of Regular City Council /PCDC Meeting of Monday, July 11, 39 2011. 40 41 Motion: Approve A. Minutes of Regular City Council /PCDC Meeting of Monday, 42 July 11, 2011, as presented. 43 44 Moved by Gabe Kearney, seconded by Mike Healy. 45 46 Vote: Motion carried 7 -0. 47 48 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 49 Mike Healy; Gabe Kearney; Tiffany Renee 50 No: None 51 Abstain: None 52 Absent: None August 1, 2011 Vol. 46, Page 143 1 2 B. Approval of Minutes of Regular City Council /PCDC Meeting of Monday, July 18, 3 2011. 4 5 Motion: Approve B. Minutes of Regular City Council /PCDC Meeting of Monday, 6 July 18, 2011, as presented. 7 8 Moved by Gabe Kearney, seconded by Mike Harris. 9 10 Vote: Motion carried 6 -0. 11 12 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 13 Gabe Kearney; Tiffany Renee 14 No: None 15 Abstain: Mike Healy 16 Absent: None 17 18 2. APPROVAL OF PROPOSED AGENDAS 19 20 A. Approval of Proposed Agenda for City Council /PCDC Budget Hearing of 21 Wednesday, August 24, 2011. 22 23 Council Member Albertson 24 25 Mayor Glass 26 27 Council Member Albertson 28 29 City Manager Brown 30 31 Council Member Albertson 32 33 City Manager Brown 34 35 Mayor Glass 36 37 Council Member Albertson 38 39 Council Member Harris 40 41 Mayor Glass 42 43 City Manager Brown 44 45 Council Member Albertson 46 47 Vice Mayor Healy 48 49 Council Member Albertson 50 51 Vice Mayor Healy 52 Vol. 46, Page 144 August 1, 2011 1 2 Mayor Glass 3 4 Assistant City Attorney Thompsen 5 6 Mayor Glass 7 8 Council Member Albertson 9 10 City Manager Brown 11 12 Public Comment on Item 2.A 13 14 Richard Brawn, Petaluma, said that a "workshop" solves problems for the City 15 Manager but not for the citizens and taxpayers. 16 17 Mayor Glass 18 19 Assistant City Attorney Thompsen 20 21 Motion: Approve A. Proposed Agenda for City Council /PCDC Budget Hearing of 22 Wednesday, August 24, 2011, as presented. 23 24 Moved by Gabe Kearney, seconded by David Glass. 25 26 Vote: Motion carried 6 -1. 27 28 Yes: Teresa Barrett; David Glass; Mike Harris; 29 Mike Healy; Gabe Kearney: Tiffany Renee 30 No: Chris Albertson • 31 Abstain: None 32 Absent: None 33 34 B. Approval of Proposed Agenda for Special City Council /PCDC Meeting 35 of Monday, August 29, 2011. 36 37 Motion: Approve B. Proposed Agenda for Special City Council /PCDC Meeting 38 of Monday, August 29, 2011, as presented. 39 40 Moved by Teresa Barrett, seconded by Gabe Kearney. 41. 42 Vote: Motion carried 6 -1. 43 44 Yes: Teresa Barrett; David Glass; Mike Harris; 45 Mike Healy; Gabe Kearney; Tiffany Renee 46 No: Chris Albertson 47 Abstain: None 48 Absent: None 49 50 51 • August 1, 2011 Vol. 46, Page 145 1 C. Approval of Proposed Agenda for Regular City Council /PCDC Meeting of 2 Monday, September 12, 2011. 3 4 Motion: Approve C. Proposed Agenda for Regular City Council /PCDC Meeting of 5 Monday, September 12, 2011, as presented. 6 7 Moved by Gabe Kearney, seconded by Teresa Barrett. 8 9 Vote: Motion carried 7 -0. 10 11 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 12 Mike Healy; Gabe Kearney; Tiffany Renee 13 No: None 14 Abstain: None 15 Absent: None 16 17 3. CONSENT CALENDAR 18 19 A. Resolution 2011 -116 N.C.S. Approving Claims and Bills for June 2011. (Finance) 20 21 B. Resolution 2011 -117 N.C.S. Setting 2011 -2012 Annual Assessment District 22 Administrative Rates. (Finance) 23 24 C. Resolution 2011 -118 N.C.S. Approving the Project Budget and Authorizing Award 25 of Contract for the Cycle 8 Safe Routes to School Project. (Ahmann) 26 27 D. Resolution 2011 -119 N.C.S. Authorizing the City Manager to Execute Amendment 28 No. 1 to the Measure M Cooperative Funding Agreement between the Sonoma 29 County Transportation Authority (SCTA) and the City of Petaluma. (Zimmer) 30 31 Public Comment on Item 2.D 32 33 Zen Destiny, Petaluma, stated that the real reason there isn't mass transportation in the 34 North Bay is because Marin fought it because they didn't have land -use laws in place. 35 He added that additional transportation lanes are twenty -five years behind necessity. 36 37 Vice Mayor Healy 38 39 City Manager Brown 40 41 Council Member Albertson 42 43 Remleh Scherzinger, Water Resources and Conservation Engineering Manager 44 45 Motion: Approve CONSENT CALENDAR Items 3.A, 3.B, 3.C, and 3.D. 46 47 Moved by Mike Healy, seconded by Gabe Kearney. 48 49 Vote: Motion carried 7 -0. 50 51 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 52 Mike Healy; Gabe Kearney; Tiffany Renee Vol. 46, Page 146 August 1, 2011 1 No: None 2 Abstain: None 3 Absent: None 4 5 E. Resolution 2011 -120 N.C.S. Approving the Budget and Authorizing the City 6 Manager to Execute a Professional Design Services Agreement for Engineering 7 and Design Services for the Victoria Pump Station Design Project. 8 (Scherzinger /Carothers) 9 10 Council Member Albertson 11 12 Mayor Glass 13 14 City Manager Brown 15 16 Remleh Scherzinger, Water Resources and Conservation Engineering Manager 17 18 City Manager Brown 19 20 Council Member Harris 21 22 Mayor Glass 23 24 Assistant City Attorney Thompsen 25 26 Motion: Approve E. Resolution 2011 -120 N.C.S. Approving the Budget and 27 Authorizing fhe City Manager to Execute a Professional Design Services 28 Agreement for Engineering and Design Services for the Victoria Pump Station . 29 Design Project. 30 31 Moved by Chris Albertson, seconded by Tiffany Renee. 32 33 Vote: Motion carried 7 -0. 34 35 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 36 Mike Healy; Gabe Kearney; Tiffany Renee 37 No: None 38 Abstain: None 39 Absent: None 40 41 5. NEW BUSINESS 42 43 A. Resolution Recommending Appointments.to the Mayors'.& Councilmembers' 44 Association to Fill Vacancies on the Association of Bay Area Governments 45 Regional Planning Committee and the North Bay Division, League of California 46 Cities Executive Board Alternate. (Brown) 47 48 City Manager Brown 49 50 Motion: Recommend Tiffany Renee, Petaluma, to the ABAG Regional Planning 51 Committee appointment. 52 August 'I , 2011 Vol. 46. Page 147 1 Moved by David Glass, seconded by Teresa Barrett. 2 3 Vote: Motion carried 7 -0. 4 5 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 6 Mike Healy; Gabe Kearney; Tiffany Renee 7 No: None 8 Abstain: None 9 Absent: None 10 11 Mayor Glass 12 13 City Manager Brown 14 15 Vice Mayor Healy 16 17 Mayor Glass 18 19 Council Member Kearney 20 21 Council consensus to recommend Laurie Gallian, Sonoma, for the North Bay 22 Division, League of California Cities Executive Board (alternate); and consensus 23 that these recommendations do not require adoption of a resolution. 24 25 B. SWAG Research Committee Recommendations 26 27 City Manager Brown 28 29 Council Member Renee 30 31 Council Member Barrett 32 33 Council Member Renee 34 35 Mayor Glass 36 37 Council Member Renee 38 39 Mayor Glass 40 41 Council consensus that Recommendations 1 and 2 should be pursued 42 aggressively. No financial or other commitments are to be made at this time for 43 Recommendations 3 and 4. 44 45 ADJOURN 46 47 Motion: Adjourn the meeting. 48 49 Moved by Teresa Barrett, seconded by Tiffany Renee. 50 51 Vote: Motion carried 7 - 0. 52 Vol. 46, Page 148 August 1, 2011 1 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 2 Mike Healy; Gabe Kearney; Tiffany Renee 3 No: None 4 Abstain: None 5 Absent: None 6 7 8 The meeting was adjourned at 9:17 p.m. 10 11 rr r , 4111 . t :.. 12 David Glass, Mayor 13 14 ATTEST: 15 16 17 18 19 Claire Cooper, CMC. City Clerk 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52