HomeMy WebLinkAboutCity Council/PCDC Minutes 12/15/2003December 15; 2003
Vol. 39, Page 29,1
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a A ~ C'aty ®f'etalua,, . C'al~f®~n~a
~S5S MEETING Of PETALUMA CITY COUNCIL AND THE
PETALUMA COMMUNITY D'EVfLOPMENT COMMISSION
City Council/PCDC Minutes
Monday, December 15, 2003 - 2:00 P.M.
Regular Meeting
2:00 P.M. -CITY COUNCIL
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CALL TO :ORDER
A. Roll Call
Present: Cdnevaro, Healy, Moynihan,
Mayor Glass
Absent: Harris
Vice Mayor O'Brien, Torliatt and
ADJOURN TO: CITY COUNCIL CLOSED SESSION
PUBLIC COMMENT
There was no. public comment.
ADJOURN TO CLOSED SESSION
^ PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Govt. Code .,
§54957: City Attorney
^ CONFERENCE WITH. LABOR NEGOTIATOR: Pursuant to Govt. Code §,54957.6:.
Agency Designated Negotiator: Michael A. Bierman. Unrepresented;•Ernployee:
City Attorney
^ CONFERENCE' WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant.
Exposure to Litigation Pursuant to Govt. Code §54956.9(b) (1 matter)
^ CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION: Pursuant to Govt.
Code §54956.9(a): Hilliard v. City of Petaluma, Workers Compensation Claim No.
034748..
^ CONFERENCE WITH .LEGAL COUNSEL -EXISTING LITIGATION: Pursuant to Govt.
Code ;§54956.9(a): Sandalwood Estates vs. City of Petaluma (Sandalwood I
Appeal) Court of Appeal, First Appellate District, Case No. A 102613)
^ CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION: Pursuant to Govt.
Code §54956.9(a): Affected Residents of Sandalwood Mobile Home Owners'
Association vs. City of Petaluma et. al. (Sandalwood ll) (Sonoma County Superior
Court Case No. 233343)
^ CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Pursuant to Govt.. Code
§54956:8. Property: Kenilworth School Property Located at 998 E. Washington
Street. Agency Negotiator: Michael Bierman. Negotiating Parties: City of
Petaluma and Petaluma School District. Under negotiation: Price and Terms.
Vol. 39, Page 292
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5 CALL TO ORDER
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7 A. Roll. Call
December 1'S', 2003
MONDAY,_DECEIVfBER; T5, 2003 -.AFTERNOON SESSION
3:00 P.M.
Present:' Canevaro; Harris;
and Mayor Glass
Absent; None
B. Pledge of Allegiance
Healy, fvloynihan; Vice Mayor O'Brien, Torliatt
REPORT'O'UT OF.CLO$ED. SESSION ACTIONS TAKEN
There was no reportable action taken.
PUBLIC CONIM'ENT
There was no public comment..
COUNCIL COMMENTS
`Council ,Member Torliatt reported on the .recent Zone 2A Meeting, the Water Advisory.'
Committee Meeting; and asked for a report on the enforcement status of u.hreinforced
masonry buildings in the downtown.
Council, Member Healy reported on the 5onorna County Transportation Authority
Meetinng, indicating the news. is not good and there are various project delays.
CITY IVfAN'A`GER:COM'AAENTS
City M'anager',Bierman presehted a report regarding the status of the: Vehie_le .License
Fe.e Backfill issue.. He indicated. there is an estimated shortfall:. of $1;960,353; which will
most likely result in reductions, which could include layoffs; use of General Fund reserves,
and selected cuts in ,lower priorify at'ea"s. He stressed there would not be a reduction in
sfreet maintenance. He indicated. to the Council the need to hold;~spscidl ,meetings in
January to address the budget shortfall and how to .deal with That issue.
In response. to questions; the City Manager noted the Governor`s bdllo:t measure in
March did "not- include monies #or the VLF backfll. The City Councif supported: 'the
~NI`ayor's suggestion to write a strong letter to local legislators- regarding 'the. Vehicle
.License Fee Back#ill issue.
AGENDA CHANGES AND DELETIONS (changes to current agenda only).
Council Member Moynihan suggested items 7.A-sand 7.6 (regarding the Garbage
.Franchise) on the Evening. Agenda be discussed'jointly.
PRESENTATIONS/PROCLAMATIONS.
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December 15, 2003
There were none.
APPROVAL Of MINUTES
1. APPROVAL Of MINUTES
A. City Council/PCDC Minutes of November 17, 2003.
Vol. 39:, Page 293.
Vice Mayor O'Brien recommended the following amendments:
Page 4, line. 6, to include "or a date to be set at the City Manager's
discretion."
Page 26, line 30, correct the .name to "Tracy Swanborn."
Page 27, line 9, to include that "the investigation would be conducted by
an independent investigator, i.e. Risk Management."
Page 28, line 1 1, indicated the type of vehicle was "fo be left up to the
contractor."
Council Merim6er Torliatt requested the following amendments:
Page 5, line 28, change safe to "save."
Page 30, line 26, should reflect that Council .Member Healy voted `NO'
and that she had voted 'YES.'
MOTION fo adopt the November 17, 2003 Minutes as amended:
M/S O'Brien and Healy. CARRIED UNANIMOUSLY.
2. APPROVAL OF'PROPOSfD AGENDA
Approval of Proposed Agenda. for Couneil''s Regular Meeting of January 5, 2004.
Council Member Torliptt requested there be a discussion added regarding the
Arts Fee if there is enough time at this meeting.
Council Member Moynihan requested a. discussion regarding the. City's CIP
Program. in January, as well as an update on the variance report for CIP Projects,
which was noted'would be in memo format to the Council in the next two weeks.
City~Nlanager Bierman pointed out that there would be special meetings in
January, to discuss the mid-year budget, as well as ,proposed budget cuts and
that the~ClP discussion will be q part of those rneetings.
MOTION to approve the Tentative Agenda. as proposed:
M/S Moynihan and O'Brien. CARRIED'UNANIMOUSLY.
Vol. 39, Page 294 December 15, 2003
3. CONSENT CALENDAR
Council Member Moynihan requested Item 3.A be ternoved from the Cohseht
Calendar for separate discussion and action.
MOTION to adopt°the balance of the Cohsent Calehdar'
NI/S Torliatt and W'ealy. CARRIED UNANIMOUSLY.
A. Resolution. Authorizing Execution. of Professional Services .Agreement with
Questa Engineering, in an amount not to exceed $42,OQ0:00, for Contract
Services for Environmental. and Geotechnical. 'Bile :Review and Project
Design for Upland Improvements within, the Denman Reach Flood
Reduction. and .River ;Plan Implemenfation Rroject. (Tuft) Removed' from'
the Consent Ealeno'ar for separate discussion:,
B. Adoption of .Ordinance- 21.69, N.C.S. Adding Petaluma Municipal Code
Chapter 1..18', "Claims Agaihs# City," to :Require that All Claims lie
Presented to the City. Prior to the .Initiation of Litigation. (Rudhansky)'
C. Adoption of .Ordinance 2170 N.C:S.. Amending Petaluma Muriici,paf Code
Section 1.04.060(8), Arnen;di_ng Penalties for Violations. Classified as
Infractions Under the, CityCode:~ (Rudnahsky)
Items'Remo~ed' From Consent:.
A. Resolution 2003-242 N.C:S. Authorizing Execution of Professional Services
Agreement with. Questa Engineering, ih ah amount not to exceed
$42,000.00, for Contract Services for Environmental 'and Geotechnical Site
Review and Project Design.;foi- lJpland Irnprovemehts,.vvifhiri the Denman
Reach Flood Reduction sand River Plan Implerrientation.Pmject`. (Tuft)
Council .Member Moynihan asked for ahd received do explahation .of
how this fits into the General Plah and.. clarified the grant funding for the
project.
MOTION to adoptthe resolution:
N1/S Nloyriihan and Torliatt: CARRIED UNANINO'USLY.
4. NEW BUSINESS -:CITY COUNCIL,AND PCQC
A. Resolution°2003-343'N.C.S. Reappointing Stephen C. Ayalafo the'Mosquto
Con#~ol Disfrict, :for 'a term. to expire 'December 31, 2007. As the Current
Representative, Mr. Ayala"s term expires December 31; 2003. ,(Petersen).
MOTION to adopt the resolution::
M/S Torliaft and O`Brien. CARRIED UNANIMOUSLY.
December 1 S, 2003 Vol. 39, Page 295.
1 B. PCDC Resolution 2003-16 Authorizing the Purchase of Street .Furniture from
2 Petaluma High School for Downtown Improvements, Phase 1, Project 9053.
3 (Ma~angella)
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5 - Paul. Marangella, Economic and Redevelopment Director, gave the staff
•- 6 report and' introduced Joyce Clark, Redevelopment Program Manager.
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8 Nlike 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
1 1 ~ opportunity to stand out and be one of the "smart ones" without being a
12 "tecfe."
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14 The City Council unanimously supported the recommendation to have
15 Petaluma High School Students create the furniture and expressed this is
16 an exciting opportunity and an investment from the youth of the
17 community in the downtown. They expressed their support- for partnering
18 with the SchooP District on this community project.
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20 The City Council did note Petaluma High School has one of the few
21 Industrial Arts Programs and encouraged the students, when considering
22 materials to be used, to use anti-graffiti paiht and/or coatings.
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24 MOTION to adopt the resolution:
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26 M/S Torliatt and O'Brien. CARRIED UNANIMOUSLY.
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28 5. UNFINISHED BUSINESS
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30 At the request of Council Member Moynihan, Item 5. B was .addressed .before 5. A.
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32 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
34 Resolution No. 2003-212 and Restricting. the Use of the Fee Revenue Inside
35 the City's Urban Growth Boundary. (Rudndnsky)
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37 .Public Input
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39 David Libchitz, Friends of Lafferty Park, addressed the City Council in
40 opposition to the resolution.
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42 Council Member Healy noted Schollenbetger Park extension is outside the
43 urban boundary and once the purchase is completed it will be inside the
44 City limits. He proposed an amendment to the language and referenced
45 page 2 of the resolution, Idst paragraph:
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47 - "It is the intent of the City council to clacifythat, to the extent that revenue
48 from the Park Impact Fee adopted by Resolution No. 2003-212 is used for
49 park improvements, 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
5'1 " ~ improvement of any kind of park or recreation facility located either (1)
Vol. 39, Page 296
December 15, 2003
.outside the city Jimifs of the City of Petaluma, or~ (2) in :incorporated islands
of the 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 longer.,
.She stated her desire fo see the fee in place.
:City Attorney Rudnansky commented on how this relates to the Quimby
Act and AB 1600 fees.
Council Member Moyriihan expressed;. his concerns wth-the original nexus
sfudy and. how the calculatioris are based. on acreage. ~He also noted he
had .requested a report regar:dn,g 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 be up to the discretion of the Council on any
property within the City limits.
Council Member Healy referenced an email from Bruce H.dgen and
supported his suggestion to aufhorize'the .Mayor or City Manager to. wrife
the :State Coastal Conservancy indicating the City's interest' in. selling ._ •
.Lafferty, to be managed gs 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'. F.OLLOWLNG VOTE:'
AYES: Canevaro; Harris, Healy, O'Brien and Glass
NOES: .Moynihan. and Torliatt
A. Adoption.. of Ordinance N'o. 2166 N:G,S. Amending Sections 20.34.090: and
20.34.1Og 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 adaman"t, 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
Housing ,Linkage Fee for Nonresidential ,Development in the Citty of
Pefaluma: (Gaebler),
Council Member Moynihan. indicated. he will. be voting 'N.0' as he cannot
support changing the fee to support a program that :has. no't yet been
December 15, 2003 Vol. 39; Page 297
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defined. He indicated he feels this will hurt business locally ahd it. would
be premature to enact this now.
.Council .Member Torliatt commented the City of Petaluma is showing
leadership ih moving forward with this now dnd hopes other cities will
follow suit.
MOTION to adopt the ordinance:
M/S Canevaro and Torliatt. CARRIED BY THE FOLLOWING VOTE:
AYES: Canevaro, Harris, Healy, O'Brien, Torliatt and Glass
NOES: Moynihan
City Council recessed Qt 4:15 p. m. to 4: ZO p. m.
D. Verbal Presentation Regarding Streets. (Bierman)
City Manager Bierman made a presentation regarding budget concerns
for the maintenance of streets.' He .noted proposed funding to include
$1.4M to be programmed to streets from Gas Tax monies; $.3M from the
General fund to support Street Lights and Signs; and $1M for Street
Resurfacirig and Slurry Seal.
Council Member Moynihan. noted the presentdtion represents an under
funding of what needs to be funded to address deteriorating streets. He
commented on the memo (dated December 10, 2003) he had distributed
to the Council which outlined eleven (1 1) recommendations for Council's
consideration. In response to those recommendations the City Manager
noted::
1. ~He doesn't khow where the $3.6M would come from.
2. Indicafed the Citizens Advisory Committee submitted a good
report- and there is ho need for ah additional advisory committee.
3. Indicated the City would spend $T5M over the next 5 years in
street maintenance.
4. Using RDA funds is controversial and the Attorney's office is
reviewing that issue now.
5. Gas Tax Fuhds in the amount of $294,000 are currently budgeted
for a CIP project.
6. Agrees with appropriating tie entire amount of gas tax subvention
revenues as long as it is used for street signs, lights and
maintenance.
7. This would limit the Council and could result in even less money
than. expected.
8. Supported developing a policy establishing a reasonable ceiling
on program management budget costs.
9. Feels dedicating the increase of Geheral Fund Revenues over the
increase in Expenditures capped by a cost of living increase would.
be too much of a lock on the City's funds.
10. Indicated he has already agreed to show the Streef'
Reconstruction Fund as a funding source in appropriate CIP
Vol. 39, Page 298
December 15, 2003
budgets and to provide a corrected CIP by the Mid-Yeas' Budget
Review.
11. Has agreed` to modify the PFB~S Operating. Budget to show the
Street Maintenance Fund as a' revenue source :and as an
operating expenditure from the Street Maintenance Account.
Council Member Healy indicated he shares the frustration with, the state of
the sfreets, but is in general agreement with the City Manager's
presentation on how to address the needs.
City Manager Bierman indieat`ed he could roll changes into the Mid-Year
Budget Review.
City Council discussion. ensued regarding. the: use of Redevelopment
Agency Funds for street~maintenance: There was;general Council support
to explore that possibility.
Council discussion regarding supporting; a ballot measure to earmark '10%
of the City's General'Funds for street maintenance ensued.: 'The majority
of the: Council was not in favor of such. a measure and felt it would ,puf the
City in dire straights if it were to be. approved.
Council Member Moynihan Vindicated there has .been progress in funding,
street maintenance, 'but i# has not"been enough. He stressed "the need to:
take action.
There 'was. 'City Council consensus to .move forward with the City
Manager's recorrirnendations.
Council discussion continued and it was noted the Council would
determine what and how monies would be spent at the Mid-Year Budgef
Review.. Council asked the City Manager fo ;provide a "counter plan"
based on feedbeck_ as to how to deal with anticipated budget shortfalls
and it was noted that would be reviewed .during 'the Midyear `Budget
Review discussions.
City Council .adjourned back into Closed Session at 5x20 p, m.,
CALL TO ORDER
A. Roll Call
MONDAY, DECEMBER 15. 2003 - EVENING,SESSION
7:00 P.IVI.
Present:,, Canevaro, Harris, Healy; Moynihan, Vice .Mayor O'Brien, Torliatt
and. Mayor Glass
Absent:- None
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December 15, 2003
B. Pledge of Allegiance
C. Moment of Silence
PUBLIC COMMENT .
Vol. 39, Page 299
Norm Hilliard, N.E.S.P., addressed the City Council and stated his opposition to the
proposed Buckelew project in his neighborhood. He urged the Council to deny the
project when it comes before them.
Peter Tscherneff, Petaluma, addressed the City Council regarding the state of the world
and issues regarding the homeless population.
Doug. Frampton; Petaluma, addressed the City Council in opposition to the proposed
Buckelew project.
Andy Eber, Aquatics Board, addressed the City Council urging an early opening of the
City's Swim Csnter..He urged 'the Council to consider a March 15t opening for 2004 and
recommended a flexible fee system, better advertising for the use of the pool, a. single
point of entry to capture the most user fees, and the need to continue to increase
programming. He had members of the audience stand in recognition of their support.
Chris Braun, Twin Valley Aquatics, addressed the City Council in support of the March l:r
opening of the Swim Center.
Russell Pleech, Petaluma, addressed the City Council in opposition to the proposed
Buckelew project.
Diane Reilly Torres, Petaluma, addressed the City Council regarding her unfair removal
from the Petaluma Community Access. Board. She left information with the City Clerk to
support her claim that she was wrongfully removed.
CORRESPONDENCE
There was none.
COUNCIL COMMENT AND LIAISON REPORTS.
CITY MANAGER COMMENTS
Council Member Healy indicated his support to find a way to open the Swim Center by
March l St. He asked that the .issue be placed on the January 26, 2004 City Council
Agenda and asked the City Atforney to review the concerns expressed by Diane Reilly
Torres.
With respect to the Buckelew Project, Council Member Healy noted he is the Council
liaison on the Planning Commission and that the Buckelew project had received
unanimous support from Planning Commissioners. He indicated the Buckelew facility
would have a property manager on site and that they would have an ongoing
relationship with residents. He asked the Council to keep an open mind when this matter
comes before them for action.
Vol. 39, Page 300 December 15, 2003'
Council Member Moynihan indicated he had met,. with Assemblymernber Joe 'Nation.
regarding the Vehicle License Fee and the. effects it may have ~ori Police and Fire:.
services. He indicated Senator Nation, was unwilling to go forward with a spending cape
a_nd the' message to local agencies was to work out the details. Council Member
;Moynihan stressed fhe.necessity.-to work with local legislators very closely regarding future
issues.
With respect. to the ;Buckelew program; Council Member ,Moynihan noted the program
has some merit and questioned if the use of Redevelopment Agency Funds. for social
programs is appropriated, Ne asked staff for a memo regarding social 'service activities
and how th°ey have .been funded. He dlso questioned' the. ,inter-fund loan from the
,Housing-ln=Lieu account: He. concluded by expressed concerns with. continuing to-fund
social service programs and urged the Couhcil to take another look at what the City is
obligated to pay and what assistance might be available from other funding sources.
Council Member°Toeliatt stated her support for using In-Lieu' Housing fees for programs. like
the Buckelew project.
With regard to the Swim, Center, Council .Member Toeliatt indicated h'er desire to see §taff
work with the Aquatics Groups to create new programs and. generate. revenue:.
In conclusion, Council Member Toeliatt wished everyone safe and peaceful holidays and
expressed ,her hopes that all the U.S. Troops will :be safe.
Council Member Harris reported on the A'irpor't Commission Meeting and thanked. the
Council for:allowing him to serve as the Council's liaison.,
Council Member Harris indicated his support for a full discussion regarding the Swim
Center later in January; as well. as a full .discussion cegdrdng; the proposed Buckelew
project.
Council Member Canevdro reported on the recent Pedestrian and Bicycle, Advisory
Committee Meeting. 'He additionally commented he had met with neighbors regarding
the Buckelew project and indicated their concerns are .not about traffic, they are abquf
people. He encouraged the balance of City Council to .meet with the neighbors ih the
area, as their-fears are real to them.
With respect to the .Aquatics Center, Council ;M'ember Canevaro stated. his support for
looking at creative financing and: would like to 'see a way 'to make a March 1st opening
happen.
Vice Mayor .O';Brien indicated he Would save his comments about the Buckelew projecf
and the Svvirri Center for when those issues actually come before the Council fbr d full:
discussion,
In conclusion, Vice Mayor O'Brien wished the community a happy holiday and asked,
that they remember the Public Safety personnel thatwould be working :over the holidays.
Mayor Glass commented on the work the: Council has done over the. last year and
indicated there are a number of "wants" in the community. He asked members of the
community to "send letters to their legislators regarding. the Vehicle 'Licensee Backfill issue
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December 15, 2003
Vol. 39, .Page ,301
and indicated if the City realizes the cuts they are anticipating, the City may not be able
to deliver. services the people in the community are accustomed to.
I~n conclusion, he wished everyone a Merry Christmas.
CITY MANAGER COMMENTS
There were none.
Council. Member .Moynihan stated a possible conflict of interest with the Keller Street
Garage item and excused himself from the dais and Council Chambers.
6. PUBLIC HEARING
A. Public Hearing and Consideration of Property Related Fee to Fund Parking
Improv"e"ments, Parking Maintenance, and, Packing Security at the Keller
Street Garage Facility. (Marangella)
RECOMMENDED ACTION: Determine whether a majority of property
owners have presented written protests against the fee.. If a majority
protest exists, tdke no action. If no majority protest exists:
Adopt Resolution. 2003-245 N:C.S. Imposing a Property Related Fee Under
Proposition 218, Subject to Voter Approval, to Fund Parking Maintenance
and Se.curify dt the Keller Street, Garage Facility and Setting aMailed-
Ballot, Property-Owner Election for February 2, 2004.
Paul Marangella, Economic Development and Redevelopment Director,
gave the staff report and clarified. with the City Cierk that there have
been 13 protests filed thus far, which results in 1 1 % of the property owners.
He recommended moving forward with adoption of the resolution.
City Council discussion ensued regarding the process and it was noted
that-protests could be filed through the end of the public hearing.
JoAnn Rifko Pozzi, VP, Petaluma Downtown Association, addressed the
City Council and indicated the PDA Board arid Directors thanks them for
their consideration of the parking problems of business owners in the
downtown and added they support putting the issue to a vote of the
property owners.
Mayor Glass noted having received a.letter of support for moving forward
from Dorothy Bertucci.
This being a-duly noticed public hearing, Mayor Glass declared the public
hearing open.
George Whitten, Petaluma Masonic. Hall.. Association, addressed the City
'Council and read a letter from the president opposing the fee as currently
proposed. He noted he feels it is an added burden in addition to the fire
sprinkler refrofit-requirement. He urged the Council to defer this proposal
or withdraw the sprinkler system requirement.
Vol. 39, Page 302
Decernber 15,'2003
Leo Lane, Petaluma; addressed the City Council in protest of the' fee... He
argued, the claim that the garage ddds value to their p~opeity drill.
concluded by stating property owners were told 20 years ago that this
would not happen.
Jeff Harriman; McNegr's Saloon;. addressed fhe City Council in protest of
the assessmenf.
Hearing. no further requests to speak, Mayor Gtass closed the Public
Hearing',
City Council,.discussion .ensued regarding the `performdnce of the security
company; auditing procedures currently in place; and. whether or not the
opportunify `for pldeing metered parking in the downtown had' been.
thoroughly investigated as it reldtes `to overall costs.
Staff indicated the Task Force had .looked dt the fedsibility~ of placing
parking meters in the downtown dnd::it had 'been determined -the dollar
in~estrnent would be significant and. that it was felt it would put the
downtown at g disadvan°tage 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 rioted pr,,operties have the ability to
apply ;for a rebafe.; It'was also noted it may be necessary to seduce the
hours otsecurity'in the future based on actual revenuesreceived.
Council.discussion continued regarding assessment engineering,concerns,
as. well ds th'e: property owners' initial.. investment far the :garage. Ct was
noted :the proposed assessment is' not mare fhan what they hake been
paying and there have. been $'1 M in city improvements made fo the
garage,.
Council Member Torliatt expressed, her concern about the hours of
security and urged staff to look at accred"sing 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. qt "zones" in the downtown, there is also a need to look. dt'
the "uses." r
Mayor Glass .stated his support for the assessment as, well as his support for
the: downtown business owners. He .added ,parking mefers would pertidps
keep .people away from shopping in `the downtown, The Mayor
concluded by indicating the PDA has their- work cut out for therii and
urged the Council to move forward° with the resolution and' see how it
moves forward:
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Vol. 39, Page 303
A MOTION was made by Mayor Glass to adopt the resolution. Seconded.
by Council Member Hedly who based his second on the PDA's
recommendation to move forward.
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 right 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, LLC for Additional Work in the Amount _ of $59,918; and
Resolution 2003-231 N.C.S. Authorizing Amendment to Empire Waste
Management's Franchise Agreement Extending Expiration Date Until No
Later Than February 28, 2005. (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 rndjority of the Council voting in favor of
reconsideration, for the actual reconsideration of the matter to be heard
at the January 5, 2004 City Council 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 t9 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 thdf they are still prepared to stand behind their
Vol. 39, Page 304 December 15, 2003
proposals.. He added those proposals have not been analyzed and
presented to the Council or the cornrnuriify and he feels. the Council
would be flying. blind making decisions on whether to go out for anything
else without the .benefit of that kind of information.
Council Member Moynihan noted ,his concern with dealing specifically -
with the. extension period is to possibly save the ratepayers some ;money:
He indicated he would expect the: consultant to come back, potentially;
with amodified recommendation as to the exfension, other than just _ _
continuing it under the sam_ e terms and conditions fora six-monfh
extension.
City Attorney Rudnansky clarified th.e, restated, motion is. acceptable
based on the information included on the agenda.
Vice Mayor O'Brien commented the Council really isn't "flying blind'° as
one of the proposers released information through ads in local
newspaper... It appears by' those: ads, the ratepayer would only have an
annual savings about $60.00. He concluded he is looking for abetter -
product environmentally and for the ratepayer.
22 City Council discussion continued and by consensus,. the Council agreed to
23 -move forward with tfie presentation oa 7 B prior to voting on the.
24 MOTION FOR RECONSIDERATION.
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B. Resoaution Approving Amendment to Solid Waste Collection Request #or
Proposals and Authorization to Solicit Proposals: (Beatty)
Bob ,Hilton, .Hilton, Farnkopf &, Hobson; LLC; .gave. a presentation, on the
status of the Request fob 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 fore
Proposals, including the percentage of diversion levels, food waste
collection program, and commercial recycling,
Public. Ingut
Curtis Michelini, Industrial Carting, addressed the 'City Council indicating
his support for a new Request for Proposals: He indicated his preference
for Option B2 regarding Commercial Recyclgbles.
Gary Liss,. Industriah Carting,,. addressed. the City. Council in 'support of a
new RFP and also supported Altemdtive l32.
December 15, 2003 Vol. 39, Page 305
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Ernie Carpenter, Industrial Carting,. addressed the City Council in support
3 of a new RFP and indicated they most definitely would be bidding for the
4 commercial recycling. He urged the Council to stay with Option B2.
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6 John Legnitto; Norcal' Waste Systems; addressed the City Council noting'
7 their intent to respond to the new RFP. He commented extensively on
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commercial recycling and indicated the disposal aspect could be re-bid
9 at anytime with an RFP. He noted the current provider is unionized and if
10 they were to remain competitive with their bidding they would need.
1 1 information on wages. He continued by supporting Alternative B 1, which
12 would be for the City to maintain exclusive right for solid waste franchise
13 hauler, except other parties being. allowed to collect materials if they pay
14 the generator a fee.
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16 Joe Garbarino, Marin Sanitary Service; addressed the City Council and
17 ~ encouraged them to reissue the RFP and forget about JPA fees. 'He
18 stressed this is a service to and for the City of Petaluma: He urged the
19 Council ao support Alternative B l .
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21 John Legnitto readdressed the City Council dnd urged a separate City
22 disposal'service at the landfill...
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24 Public comment was closed:
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26 Extensive. City Council discussion ensued regarding the various options.
27 Ultimately,; Council directed staff to proceed with Option A4, described in
28 the agenda report as follows: "Revise and reissue the RFP making
29 changes that match final Council preferences (described below) which
30 may or may not conform with current JPA member agency requirements;
31 solicit proposals; and re urn to .Council°with an evaluation report after new
32 proposals are. received." Council stated its preferences regarding revisions
33 to the RFP as follows:
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35 1. Solid one proposal scenario that complies with the )PA's program
36 commitments to the state to meet the state`s 50% diversion
37 reguirernents (i.e., require companies to propose implementation of
38 residential single stream recyclables collection and weekly yard debris
39 collection dnd to use County facilities for solid waste disposal and
40 yard debris composting).
41 2. Solicit -three proposal scenarios that present plans for diverting 50%,
42 60% and 70% of the waste stream collected and which:
43 a. Do not mandate the types of programs companies include in their
44 proposals.
45 b. Allow proposes to use non-County facilities for solid waste disposal
46 and yard debris composting.
Vol. 39, Page 306 December 15, 2003
~ 3. Reserve the right in the franchise agreement for the City fo direct the
2 franchise hauler to irnplernent a food waste collection program ~at a.
3 later date, based on mutually agreeable terms.
4 4, Request a separate proposal for a f,odd waste collection program as
5 ~ part of the current: -procurement, with fhe understanding that the
6 acceptance of any such proposal is at the City's option.
7 5. Require companies fo propose. collection vehicles that 'use
$ ~ alternative/efficient fuels that"meetsfdte law."
6. Review 'the assignment -and bankruptcy terms in„ the franchise
agreement and. modify those terms, if appropriate, to strengthen.
7. Provide current collection, vehicle.drivers and mechanics wage-
information for informdtional purposes; only as part of the, RFP.
Second> Council directed staff to proceed with Option ..B2, to allow
multiple hauling companies to charge commercial b'usihesses for
collection of commercial recyclables hauled in debris boxes. As
presented in the agenda report:,.. Option B2 directs staff to: "Establish a
policy Ghat roller#ion of recyclable materials generafed by .businesses
which ace hauled in debris, boxes may be_ performed by mulfple haulers
#hrough an open marke:fi that is regulated through non-exclusive franchise
agreement system. Direct stafif to revise the RFP for exclusive franchise
service to .reflect this ;policy,, to prepare a nonexclusive. franchise-
ggreement~ and' to _return to Council to present the. non-exclusive
franchise agreement for review ana appro.val."
Although _ Council did not provide direction tc staff regarding other
modifications to the RFP as outlined in the November 2'l ; 2003 letter from
Hilton Farnkopf 8~ Hobson and ,included in the agenda packet,'it was. felt
there was consensus to make those minor changes as outlined.
Council 'Member Torliatt noted concerh with including language into the
agreement that would address. when an entity sells to another and/or
there is a bankruptcy. Mr. Hilton'., responded there is language fo address
such issues and it~would be dealt'with during contract"negotiations.
Ken Wells addressed the City Council regarding existing food. was#e
composting, in Sonoma County and the countywide Solid. Waste
Management Plan, which calls for 70~ diversion by 2015.
Gene Beatty 'noted ifi a proposer. elects to give. a bid for outside the JPA
area for disposal, there. are costs associated with that that are generally
paid for through a tipping fee.
Council :consensus was there was sufficient direction' given for the.
Consultant to move forward w'ifh a new Request for Proposals..
A. MOTION FFOR RECONSIDERATION
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Council: then returned to item 7.A and voted on the MOTION FOR
RECONSIDERATION.
It was noted the motion did not include opening the. existing bids and that
the basic issue is whether the Council wants more flexibility as to when the
extension of the current contract ends. It was noted that issue will come
back for full Council discussion at the January 5, 2004 City Council
Meeting.
M/S Moynihan and Healy. CARRIED BY THE FOLLOWING VOTE:
AYES: Canevaro, Harris, Healy, O'Brien, Moynihan and Glass
NOES: Torliatt
Council Member Moynihan stated he would be asking, when this is
reconsidered, if this is the lowest rate achievable in the extension.
ADJOURN
The meeting was adjourned at 10:35 p.m. to the next regularly scheduled meeting.
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David Glass, Mayor
Attest:
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Gayfe P tersen, City Clerk