HomeMy WebLinkAboutCity Council Minutes 10/06/2003October 6, 2003
Vol. 39, Page '189
`SALE'.
a ~ ~ C~~ ®f'Petaluac, Calif'®~nia
REGULAR MEETING OF THE PETALU~IV~A CITY COUNCIL
1858
City Council Minutes
Monday, October 6, 2003 - 7:00 P.M.
Regular Meeting
7:00 P.M. -CITY COUNCIL CLOSED SESSION
3 CALL TO ORDER
4
5 A. Roll Call
b
7 Present: Members Canevaro, Harris, O'Brien, Mayor Glass, Torliatt,
8 Moynihan
9
10 Absent: Healy
11
12 B. Pledge of Allegiance
13 C. Moment of Silence
14
15 PUBLIC COMMENt
16
17 Jack Burial, Petaluma, addressed the City Council. regdrding his interaction with
18 police officers in the City and indicated he is being treated differently, perhaps
19 because of how he is dressed.
20
21 David Keller,. Petaluma, addressed the City Council and asked the Council to re-
22 agendize a discussion regarding the proposed Indian Casino in Rohnert Park.
23 He stressed the. need to discuss concerns regarding plans and policy.
24
25 Elaine Lucia, Petaluma;, addressed, the City Council regarding Walk to School
26 . Day, indicating her support for this national program. She stated she is not in
27 favor, of the program as it .pertains to Petaluma Junior High School. She went on
28 to explain that she drives her daughter across the street every morning due to
29 the traffic conditions there. She stressed the need. for signs indicating there is a
30 school, there. Sf1ee_ncour•aged the Council to put in street signs indicating this is
31 a SCHOOL CROSSING/CHILDREN CROSSING, signs indicating there is a school in
32 the area;,. and signs posting a slower speed limit than 35 mph, which is too fast.
Vol. 39, Page 190 .October'6; 2003
1 She also encouraged them to consider a flashing yellow light at the -top of
2 Western at the blind curve, an'd if possible a traffic light and crosswalk would be
3 even better.
4 ,
5 Treanor Cose, Petaluma,; addressed the City Council regarding the streetscape
6 project in the downtown. He suggested or:.ganizirng the construction activities'to
7 one side of the street or the Daher as it is affe'eting their business traffic.
8
9~ L nn France
y sco, Petaluma, add. ressed the City Council as d pacent~regarding a
10 study from the diabetes center; which ctairns children arebeing diagnosed with
1 1 the disease at an epidemic rate. She encouraged the Council to be proactive
12 and supportive of healthy lifestyle activities and commented on an event faking
13 place at the Luchessi Center, Wednesday, October 8, '2Q03, where children will
14 walk from thereto school..
l b Diane Reilly Torres, `Petaluma; addressed the City Council'. regarding her cable bill
17 anal an insert she received regarding their privacy policy. .
18 -
i 9 COUNCIL COMMENTS
20
21 Council Member Torliatt noted: she has received email from Elaine. ,Lucia: and'
22 noted Bill Alfen has tried to address this'issue. She .pointed out this section ofi road
23 is in the. County limits and asked that this request should be forwarded fo the
24 Sonoma County Supervi :or Mike Kerns ,in addition to the Sonoma County Traffic
25 Engineer. She:. encouraged those Junior High School kids to use the north Webster
26 access to Petaluma Junior _High on Walk to. School Dray -perhaps not those
27 children who live on Western Avenue, ',but other children who attend Petaluma
28 Junior High. ~ .
2°
30 With regard to construction taking place on Kentucky Street, she- indicafed'.she
31 hopES staff can address`the concerns of the businesses i'n .that area.
32
33 Council Member Torliatt then gave an update on the Water Advisory Committee
34 Meeting .held earlier today. She indicated the City Manager, .,Mike Ban, S eve
35 Simmons and' .'she attended the Writer Advisory.:Comrnitte~e Meeting. She
36 indicated, one of the, issues on fhe fable is the City of Santa Rosa has .sent a letter
3I t.o all of the .contracfors and the Sonoma: County Water-:Agency requesting that
38 the Water Agency take their methodology for interpreaing Section 3.5 .of the
39 Eleventh Amended. Agreement which is the water shortage section. She. noted
40 Santa Rosa 'has done their own analysis without consulting with 'the other. water
41 contractors.'She nofed he made a motion at the: meeting, which, was seconded
42 by Jake Mackenzie of Rohnert Park, to discuss this at the next WAC Meeting; as a
43 full 'WAC, to decide this methodology may be looked at. She .indicated, to 'say
44 the least, the methodology was not favorable to the City of Fe'taluma, and
45 allowed th'e City of Santa Rosa to keep most of their water alloccitions. She felt 'it
October 6, 2003 Vol. 39, Page 191
1 necessary to bring this to the Council and the public's attention. She will keep
2 the Council informed on where this issues goes from here.
3
4 Council Member Moynihan commented on a letter the Council received from a
5 group called Conservatory, which discussed the advantages and disadvantages
6 of single stream recycling, particularly dealing with the issue of the
7 contamination of recycled paper. He noted it is an interesting report.
8
9 He continued by commenting he wrote a memo to Mike Ban and the City
10 Manager dealing with the Capital Improvement Programs/Plans for the
11 treatment facilities (the entire recycling stream) and asked for a breakout of CIP
12 costs. He noted his concern is the costs continue to go up and rates set a year
13 ago were: based on lower capital costs. He commented on the need to see
14 whether or not fhe sewer and water rates the City is increasing would be
15 adequate to meet the capital costs, which continue to grow.
16
17 Council Member Moynihan continued by stating he had a good time with the
18 Recreation, Music and Parks Commission. He noted they have had two meetings
19 regarding the Gafti Park design. He added the plans are very exciting and
20 should have something for everyone. He noted a recommendation should be
21 coming to the Council in December.
22
23 Lastly, he noted his daughter attends Petaluma. Junior High and traffic is a
24 concern.' He noted we do have folks that are better suited to deal with traffic
25 issues at Public Facilities. He indicated if the issues are dealt with and it is not to
26 the satisfaction of the general public, the issue can be taken to the Traffic
27 Committee. The issue can be taken to that committee with the opportunity for-
28 public input.
29
30 Vice Mayor O'Brien commented on the Kentucky Street construction issue and`.
31 stated he hopes Public Facilities will work with the contractor to make
32 adjustments.
33
34 With regard to the casino issue, he indicated if the City Manager feels there
35 needs to be a public discussion held, he would be in favor of it and added he is
36 definitely not in favor of the casino project and the impacts it will have. on~
37 Petaluma.
38
39 Vice Mayor O'Brien concluded his comments by noting Fire Captain Phil Sutsos
40 lost his father; ,Mike Sutsos, two weeks ago and asked that tonight's meeting be
41 adjourned in his memory.
42
43 Council Member Canevaro commented also on ,the loss of Captain Sutsos'
44 father and noted he was a fellow Marine. He noted if the County can't deal
Vol. 39, Page 192
October 6,.2003
T with the traffic around Petaluma Junior High, the City show d step up to `the plate.
2 somehow.
3'
4 With respect to the casino issue, Council Member Canevai~o stated he would:. be
5 willing ~to discuss it as well, as long as there is enough information regarding the
6 proposal to discuss the issue.
7
8 Council Member Harris indicated he would be happy to discuss the casino item.
9
10 Mayor Glass indicated he would work with th'e City Manager to agendize the.
11 issue.
12
13 CITY MANAGER. COMMENTS
14
15 City Manager Bierman, commented on the .Sheraton. Hotel issue as it relates to
16 changing the owner pdrfii'cipation agreement. He indicated the two: big issues
17 were. the card check neutrality dnd the living wage. He noted. he :rnet with the
18 Management and fhe Union to discuss those issues Idst Friday. He indicated
19 there is a tentative, agreement between the Union and the Management to
20 modify Section 314.2, which is the card check neutrality, and to a modified
21 election process. The OPA needs Labe modified to eliminate the current Section
22 314:2, which is card cheek neutrality, and put- in a new section, which is' the
23 agreed upon section, He indicated one :of th'e agreements that was made that
24 .evening was if the Union was successful in its. or..ganizing and it becomes the
25 Union at the hotel, the living wage section would then also .be dmended and
26 , eliminated. because they would then be operating under union wages. He
27 indicated there are. several other chahges that will have to be dealt'with within.
28 the OPA, i.e., management changes.. The amended OPA and discussion/vote
29 will be scheduled at the next Council Meeting.
1 Council Member Moynihan. clarified Council would be considering amending
32 -the OPA and riot repealing. it.
33
34 .Public- Comment:
35
36 Marty Bennetf; Co=chair, Living Wage Coalition, addressed the City Council in
37 support of the view agreement and the amendments. He indicated this new
38 agreement would ensure the rights of workers to participate in a democratic
39 process. for. their election to unionize. He commented: on the .Gity''s position to
40 .continue fo protect the intent o;f .the original dgreement and indicated; through
41 a Union they can protect a living wage.. He thanked the City'f.or protecting this
42 process and' for listening to all sides of the issue and concluded by stating this is
43 an important first step... He indicated their ~ intent to introduce a living wage
44 ordinance in Petaluma next year:
45
October 6, 2003 Vol. 39, Page T93.
1 Christian Rak, Locaf 2850, addressed the City Council and thanked the City
2 Council grid City Manager for the role they played in bringing all the parties
3 together. He continued by thanking their allies, both in the commuriity and .in
4 labor, and indicated he looks forward to a neutral election in the future. He
5 stated he is hopeful that .fhis'is the beginning of a good working relationship with
6 RIM and the management of the hotel.
7
8 Sita Young,' worker at the Petaluma Sheraton, .addressed the City Council and
9 thanked the City for their work and support in keeping this agreement and for
10 bringing all the parties together to work through the issues. She noted it is nice to
11 see that people still care about people in the comm_ unity.
12
13 CITY MANAGER COMMENTS (CON'T)
14
15 City Manager Bierman commented on ,parking at the Keller Street garage.. He
16 indicated he had a meeting and a 60-day timeframe was given to come up
17 with a plan. Ne indicated the plan that is in place now is free parking in the
18 garage, four hours on the first floor and then TO hours on the next two floors. He
19 indicated there is still permit parking if you want to park 24 hours a day. This all
20 went into effect today, October 6th. He indicated to pay for this, the City will be
21 going to the property owners with enabling legislation that would put an
22 assessment on them. This was agreed to at the parking meetings where the
23 property owners were involved along. with the merchants. He indicated this
24 program would continue until the enabling legislation is in place.
25
26 PROCLAMATIONS/PRESENTATIONS
27
28 Walk to School Day -Becky Sherman and Tom .Maunder accepted.
29
30 Physical Therapy Month
31
32 • Fire Prevention Week
33
34 • EI Dia De Los MuerFos, Petaluma 2003
35
36 Presentation of Certificates to Members of the Cenfral Petaluma Specific, Plan
37 Citizens Advisory Committee.
38
39 Jane Hdmilton and David Keller addressed the City Council and spoke about
40 their experience while .having served on the committee. They urged the City
41 Council. to create a small Central Petaluma Specific Plan Advisory
42 Committee to review proposals and to use them as a resource to provide
43 background and knowledge.
44
1
3
4
5
6
7
8
9
10
11
12
13
14
~ ,5
16
17
18
19
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
Vol. 39, Page 194
October 6, .2003
Council Member T.orliatt thanked .everyone for the hours they volunteered
and indicated it was: all about your,love for the: community. She thanked this
Council for going the Iasi` mile. and: commented on the- leadership prior
Councils have shown, which,. also deserve some:re.cognition.. She noted when
looking at commitfees and. commissions that perhaps we` could, look at a
Central Petaluma Specific Rlan representative as d SPARC member - or have
a discussion dbout having an advisory committee.
APPROVAL OF'MINUTES
1.
APPROVAL OF MINUTES'
A. City Council/PCDC Minutes of'Augusf 18, 2003.
Council Member'Torliatt asked that page 5, line 15 be amended to~
read "scoping" session.
..Mayor Glass requested page. 6, line 23 read^ "winning"student's
name..
MOTION to approve-the August 18, 20031v1inutes as amended:
M/S Torliatt and O'Brien. CARRIED' UNANIMOUSLY.
B. City Council Minutes of September 8, 2003.
MOTION to approve the Sept.. 8, 2003 Minutes as submifted:
iv1/S Torliatt and O'Brien. CARRIED UNANIMOU~SiY.
C. City Council/PCDC Minutes of.September 15, 2003.
Council Member Torliatt requested page 7, dine 3 read: "staff
reporf'' fhorough.ly; and page 13, line 9 read`: "She clarified w..ifh
staff that they would be..:.."
MOTION to approve the Sept. 15, 2Q03 Minutes as amended:
M/S Torlatt and O``Brien. CARRIED UNANIMOUSLY.
2.
APPROVAL OF PROPOSED'AGENDA
Approval of Proposed Agenda :for Council's Regulae Meeting of Oc#ober
20, 2003.
October 6, 2003
Vol. 39, Page 195
1 Council Member Torliatt requested that the discussion regarding Boards,
2 ~Coromitte`e and'Commissions be moved to the evening agenda.
3
4 ~•Mayor Glass ^indicated his desire to see the Development Impact Fees
5 item on this agenda.
6 -
7 MOTION to approve the proposed agenda and to move the meeting to
8 October 27, 2003.
9
10 M/S Torliattand O'Brien. CARRIED UNANIMOUSLY.
11
12 3. GONSfNT CALENDAR
13
14 Council Member Torliatt asked that Item 3A be removed from the Consent
15 Calendar for separate discussion.
16
17 Council Member Moynihan requested Item 3C be removed from the
18 Consent Calendar for separate discussion.
19
20 MOTION to adopt the balance of the Consent Calendar:
21
22 M/S O'Brien and Canevaro. CARRIED UNANIMOUSLY.
23
24
25 A. Resolution Awarding a Construction Contract for the FY 2003-2004
26 Obstruction Lights at ~ Prince Park Project No. 6510.
27 (Skladzien/Castaldo) Removed from fhe Consenf Calendar for
28 discussion.
29
30 B. Resolution 2003-191. N.C.S. Declaring Scrapped Water AAeters as
31 Surplus and Authorizing City Manager to Dispose of Water Meters,
32 for Fiscal Years 2003-2004, 2004-2005 ahd 2005-2006. (Ban)
33
34 C. Resolution Dedicating a Revenue Source for Repayment of a State
35 Revolving Fund . Loan for the Phase 1 Recycled Water Pipeline
36 Project. (Banj'Removed from fhe Consent Calendar for discussion.
37
38 D. Resolution 2003=1..92 N.C.S. Aufhorizing the City Manager to Execute
39 a Funding Agreement with 'the Sonoma County Water Agency in
40 Support of Construction of the Phase 1 Recycled Water Pipeline
41 Project. (.Bari);
42 ~ .
43 E. Resolution 2003-,193 N.C.S. Approving Agreement with the County
44 of Sonoma for the Purpose of Conducting Consolidated Municipal
45 Elections for the City of Petaluma. (Petersen)
Vol. 39, Page 196
October 6, 2003
1
2 F. .Resolution .2003-194 N:C.S. Approving the Submittal of the 20_.02-03
3 Consolidated .Annual Performance Evaluation Report (CAPER) to
4 the Department of Housing and Urban Development,. (Gaebler)
5 '.
6 G. Adoption (Second Reading) of Ordinance N'o. 2162 N.C.S. of the
7 Council of the City of Petaluma Authorizing a Lease . of ,Real.
8 Property Located at 900 :Hopper Street, Petaluma, CA. (Gdebler)
9
10 Items Removed for Separate'Discussion
11
12 A. Resolution ,2003-195 N.C:S. Awarding a Construction Contract for
13 the FY2003-2004 Obstruction Lights at Prince: Park Project 1Vo. 6510.
14 (Skladzien/Castaldo)
15
16 Council Member Torliaft requested that "street reconstruction" be
17 .removed. from the Resolution's first "whereas. `'
18
19 MOTION to adopt the Resolution as amended:
20
21 M/S Torliatt and O'Brien. CARRIED UNANIMOUSiY.
22
23 C. .Resolution ,200'3-196 N.C.S. Dedicating a Revenue Source for
24 Repayment of d State Revolving ,Fund Loan for the Phase 1.
25 Rec;y.cled Water Pipeline Project. (BanJ
26 •
27 Council Member Canevaro stepped outside the chambers for a
28 few moments.
29
30 Council Member Moynihan. noted there are •two funding sources
31 identified 'in the resolution, which is fo be a-combination of 'th'e.
32 water pollution. control funds and' the wastewater connection fees
33 collected. He questioned wh;y we are not: also. identifying the
34 revenue stream from the sale of tertiary treated water; as a
35 potential funding source for the payment of the project.
36
37 City Manager Bierman commented there wouldn't be any tertiary
38 water ru,nn,ng through this ,pipe for some time.. This will be for the
39 recycled water that can only go to _R'ooster Run and not onto
40 parks. Eventually, we .may be able. to use part ~of' those; :monies to
41 reimburse - we may be able ao, but it will most likely b~e~-fully.
42 reimbursed by that time. _
43
44 Council Member Moynihan voiced co:nce'rn that the City .has not
45 secured any revenue stream for' the ,treated wastewater:.. `We
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
4.I,
42
43
44
October 6, 2003
Vol. 39, .Page 197
` should take a look at now, .going forward and identifying this as a
revenue stream, and going forward and contracting with those
entities that ultimately will be taking this water to make sure that we
are not in the same financial bind in the future that we find
ourselves in today in disposing of the wastewater.
MOTION to adopt the Resolution:
M/S O'Brien and Torliatt. CARRIED BY THE FOLLOWING VOTE:
AYES.: Harris, O'Brien, Torliatt, Moynihan and Mayor Glass
NOES: None
ABSENT: Canevaro (having temporarily stepped out of the
meeting) and Healy
Council MemberCcrnevaro returned fo the Council Chambers.
4. NEW .BUSINESS
Vice Mayor'O'Brien temporarily leff`fhe Council Chambers of this time.
A. Introduction of Ordinance No. 2163 N.C.S. to Amend Reversion
Clause of the. Ground Lease Between the City of Petaluma and
John Ramatici and Partners. (Hangar l , LLC) Skladzien/close)
Rick Skladzien, Director of 'Public Facilities, gave the staff report
and recommended introduction of the ordinance.
Council Member Moynihan commented there was no cost of living
index included for the extensions to the lease and indicated
everyone should have an annual cost of living increase built into
their lease.
Vice Mayor O'Brien returned #o the Council Chambers at this time.
MOTION to introduce the ordinance:
M/S Harris and Moynihan. CARRIED BY THE FOLLOWING VOTE:
AYES: Canevaro, Harris, Torliatt, Moynihan and Mayor Glass
NOES: None
ABSENT: Healy
ABSTAIN: O'Brien
1
2
4
5
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
`25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Vol. 39, Page 198
October 6, 2003
Vice. Mayor O`Brien clarified he abstained on the motion as he wds gone
during the discussion of the item.
5. PUBLIC HEARING
A. Proposed Formation of. Turnbridge Subdivision Landscape and
Lighting Maintenance Assessment District; the counting of ~pr-operty~
owner- ballofs ,cone:erning the proposed formation of the_ district,
and evy of -the assessment. (Anchordoguy}
® Resolution 2003-197 _N.C.S. Declaring the Results .of Balloting.
Tabulated in Accordance: with Article XIIID of the California
Constitution and California. Government Code Section 53753,
Ordering Improvements qnd Confirming the Diagrams and
Annual' Assessments for the Turnbridge Subdivision Pursuant to
the Landscape and Lighfing Act of 1972 for .the 2004-2005. Fiscd'I
Year.
Ed Anchordoguy, Pdrks and Landscape Mcinager, ga"ve the staff
report and urged support for th'e' formation of the maintenance
_ _ _.
district once the public hearing has been held and the ballot
opened.
City Council discussion, ensued. regarding maintenance: and
whether the level of funding was sufficient for the Landscape: and
Lighting Maintenance District.
Mayor Glass declared the public hearing open: ~ Hearing no
requests. t.o speak the public hearing was closed. .
City Gleck Petersen opened the ;ballo:t submit ed by the. owner of
the property and indicated he h,ad voted' in favor of the Turnbridge
Subdivision Landscape and Lighting Maintenance .Assessment
'District.
MOTION to adopt fhe resolution:
M/S Torliatf and O'Brien. CARRIED UNANIMOUSLY:.
CITY COUNCIL CLOSED SESSION
PUBLIC COMMENT.
October 6, 2003
Vol. 39, Page 199
1 Bill Donahue, Petaluma, addressed the City Council recapping recent events in
2 other cities where rent control ordinances were enacted. He urged the Council
3 to keep the needs of the residents in mind.
4
5 ADJOURN TO CLOSED SESSION
6
7 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Govt. Code
8 Section 549.57(e): City Clerk -Continued. fo 10/27/03.
9 CONFERENCE WTIH LEGAL COUNSEL-EXISTING LITIGATION (Government Code
10 Section 54956.9(a)) 2 cases:
11
12 m Sandalwood fsta'tes vs. City of Petaluma (Sonoma County Superior Court
13 Case No. 230414)..
14 Affected Residents of the Sandalwood Mobile Home Owner's Association
15 vs. City of Petaluma et al (Sonoma County Superior Court Case No.
16 233.343)
17
18 ADJOURN.
19 -
20 The City Council adjourned to Closed Session at 8:30 p.m. in memory of Mike
21 Sutsos.
22
23
24
25
26
27
28 David G ass, Mayor
29
30
31 ATTEST:
32
33
34 \
35 J
36 Gayle terser, City Clerk
37
38
39
40
41 _
42 ***************
43