HomeMy WebLinkAboutCity Council/PCDC Minutes 09/15/2003September 15, 2003 Vol. 39, Page. l 69
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a ~ ~ City of'Petalacrn, Calf®~aa ~ _ .
~- REGUL~4R 11~EETIIVG OF THE PET~4LU1~A COiV1AA'UIVITY
185$ DEV~LOPMfIVT COMMISSION i4IVD TH'f PETA'LUMA
CITY ~COUtVCIL
F'CDC/City Council Minutes
Monday, September 15, 2003 - 2:00 P.M.
Regular Meeting
2:00 P.M. -CITY COUNCIL. CLOSEb SESSION
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CALL TO OR--DER
A. Roll Call
Present: Members Canevaro, Harris, Healy, O'Brien, Mayor Glass,
Torliatt, Moynihan.
PUBLIC COMMENT`
There was none.
ADJOURN TO CLOSED. SESSION
The Council adjourned to Closed Session at 2:00 p.m. to discuss the following:
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Government Code
§54956,9. City of Petaluma vs. Novak (Beacon Station), Sonoma County Superior
Court Case # SCV-226816.
• CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION: Affected Residents of the
Sandalwood Mobile Home Owner's .Association vs. City of; Petaluma et al, Sonoma
County Superior Court Case # 233343.
• CONFERENCE WITH IEGAL COUNSEL -EXISTING LITIGATION: Sandalwood Estates vs.
City of` Petaluma, Sonoma County Superior Court"Case # 23041:4. (Sandalwood I).
PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code
§54957(e): City Clerk
.- .:~
Vol. 39, Page 170 September 1.5, 2003
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AFTERBV00N SESSION - 3:0.0 P.N1.
JOFNT CITY C.OUNCFL/RCDC
CALL TO ORDER
A. ,Roll Call' ~ ~.
Present: ~ Members Canevaro, Harris, Hegly; O'' Brien, Mayor
Gldss, Torljatt, Moynihan
B. Pledge of Allegiance
REPORT OUT OF CLOSED.SESSION
There was no reportable action taken.:
PUBLIC COMMENT
There was none.
COUNCIL'COMMENT
Mayor Glass commented on having., been out of town ire Vdashington; DC. to
lobby for funding thatwould complete the Payran Flood control Projec#.
CITY MANAGER' COMMENT
City .:Manager Bierman requested Item 5A (OPA Agreement. with LOK) be
referred back to City adminisfration in order to get people together. to. negofiate
on a collaborative agreement. He would like to see the public comment limited
on this. item so that negotiations would not be compromised. He recommended
referring the item back to fhe City Nfanager.
Council Member Torlidtt commented she could see there are people in the
audience who want to speak.to the issue.
Mayor Glass indicated he would close off City Council discussion: aftert,he public
input has been received, and. questioned if the Council wanted. to move forward..
with comment on that item at this; time:
Council Member Healy remarked :he felt we should wait until the. normal time on
the agenda as some people'were'planning on arriving later in the day.
AGENDA CHANGES AND DELETIONS (Changes to current agenda only).
There were no changes.
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September 15; 2003
PROCLAMATLbN
Proclaiming October BiII Soberanes Month.
The proclamation was accepted by Jane Soberaries.
1. APPROVAL OF AGENDA
Viol: 39, Page 171
A. Approval of Proposed Agenda for Council's Regular Meeting of
October b, 2003.
The item Awarding the Contract for Washington Creek Bike Path
was moved to the New Business section of the agenda.
.MOTION to adopt the October 6, 2003 Agenda as amended:
M/S Torliatt and Moynihan: CARRIED UNANIMOUSLY.
2. CONSENT CALENbAR
Council .Member Moynihan requested Item 2A be removed for separate
discussion.
Council Member Healy reques#e`d Item 2D be removed for separate
discussion.
Vice: Mayor O"Brien "requested Item 2G be removed for separate
discussion.
MOTION to adopt the bdlance of the Consent Calendar as submitted:
M/S O'Brien and Torliatt. CARRIED UNANIMOUSLY.
A. Resolution Accepting Claims and Bills. (Thomas) Removed from
'Consent for separate discussion.
B. Resolution .2003-177 N.C.S. Receipt and Filing of Quarterly
Treasurer's Report: (Thomas)
C_ Resolution 2003-.1'.78 NC.S..Awarding the Contract .for Paula Lane
Water Tank Dcain Line Installation and Gully Repair Project.
Estimated Project Cost: $65,424.78. Funding: Water Funds.
(Ban/Nguyen)
D. Resolution Approving the Final Map for the Rockridge Pointe
Subdivision. (Moore) Removed from Consent for separate'
discussion.
Vol. 39, Page 172
Septernbec 15, 2003
1 E. Resolution 2003-179 IV.C:S.,Approving aFee Credit. Agreement with
2 R.D. Sonoma, In,c. for Development of a Two-Acre Park as Part' of
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the Traditions Subdivision. ,(Carr)
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5 F. Resolution 2003.-.180 N:C.S..Approv'ing aFee Credit Agreement w. i~th'
6 Mardell LLC for bevelopnent of a 1.9-Acre Park as Part' of the-
7 Rockridge Subdivision. (Carr)
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9 G.. Resolution Authorizing fhe Purchase of Two, 2~D04 Ford f150 Extended
10 Super Cab 'Mid-Size Pick Up Trucks from Downtown Ford Sates,
11 Sacramento in the amount of $39,,224;4b. (Thomas) Removed from
12 Consent for separote o'iscussion.
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14 Items removed from. the Consent Calendar:
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16 A. Resolution 2003-1.'8;1 IV.C S Accepting Clans and Bills. (Thomas)
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18 Council .M'ember M;o ,nhan
y ~ _ qu~estioried Check #3~1557';~ demand
19 date 6-20-03, and clarified that this was issued to a contracted
20 employee and .clarified justifioation for Check #316~1~9.,, demand.
21 date 6-20-03 as well as Cheek #32268, demand date. 6=23-03._
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23 MOT,CON to adopt the Resolution:
24 M/S Moynihan and Glass. CARRIED UNANIMOUSLY`.
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26 D. .Resolution '20.03-182 iV.C.S. Approving .thee FingJ .Mqp for the
27 Rockridge Pointe Subdivision. (Moore').
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29 Council Member Healy; with respect to traffic cglmng measures on
30 Windsor Drive,. recommended a 4-way stop rather than "traffic
31 splitters."
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33 MOTION; t;o adopt the resolution:
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35 M/S Healy and O'Brien. CARRIED U:NANIMOU~SLY.
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37 G. .Resolution: '2003-183 'N.CS. Authorizing the Purchase of Two 2004
38 Ford :F1'50 Extended Super Cab Mid'-Size Pick .Up Trucks from
39 Downtown Ford Sales., .Sacramento in "fhe ~mounf of $:39;224:45:
40 {Thomas)
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42 Vice Mayor O'Brien commented the warranty 'submitted w. as a
43 premium care warranty with no .deductible, and he feels a base
44 care warranty with a $50 deductible would :have been more
45 appropriate.
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September 15, 2003
Vol. 39, Page 173
Bill Thomas, Finance Director, indicated he would .get informal bids
from the bidders who submitted and requested. authority'to award
the bid based on an $1,100 approximate cost.
MOTION to approve the resolution.
M/S O'Brien and Healy.. CARRIED UNANIMOUSLY.
PUBLIC HEARING
A. Resolution 2003-1:84 N.C.S. Authorizing. the Allocation of FY 2003-
2004 Supplemental Law Enforcement: Service Funds (SLESF) for the
Computer Aided. Dispatch/Records Management System
(CAD/RM`S). (Thomas/Simms)
Bill Thomas, finance Director, gave an overview of the proposal and
recommended .City Council approval.
Mayor Glass opened the public hearing. Hearing no requests to speak,
the public hearing was closed..
MOTION fo adopt the resolution:
M/S Torliatt and O'Brien. CARRIED UNANIMOUSLY.
UNFLNISHED BUSINESS
A. Resolution .2003-185 N.C.S. Approving Street Closures for Antique
Faire on Sunday, Sepfember 28, 2003: Fourth Street between "B"
Street and Western Avenue; Kentucky Street between Western
Avenue and Washington Street; and the "A" Street Parking. Lot
between Fourth and Fifth. Street. (Simms)
Police Chief Tom Simms .gave an overview of the proposal and
recommended City Council approval.
Jeff Mayne,. Petaluma Downtown Association, addressed the City
Council, noting former problems with closing Washington Street,
but indicated on the whole, the downtown supports fhis event. He
indicated a willingness to address- problems from :a year ago in a
detailed written report for the City Council, if necessary.
Council Member .Moynihan clarified the Petaluma Market and
Couches, etc. have had problems with the faire in the past arid
asked if #hey had been made aware of this event being scheduled
and had a chance for feedback.
Vol. 39, Page 174
`September 15, 2003
1 Mr. Mayne responded he_ didn't know about Couches, etc:, but he has
2 had conversations wifh Petaluma Market.. He concau.d'ed by stating
3 Washington St"reet will riot be closed this year.
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5 Council Member Moynihan suggested the f'pA make a couple phone
6 calls to possibly assist them with any issues they .may have, He clarified
7 with the PDA that they will be absorbing the $,1200 cost `for City services
8 (Police/Public Works).
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10 Council Member Torliatt commented on the importance of tracking the
11 grosssales dithe vendors.
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13 City Co.uhcil discussion ensuedregarding fhe issue of'recovering fees from
14 "for profit" events held in the City.
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16 M'OTLO,iV #o adopt the resoiuti.on:
17 M/S Cdnevaro and Q'Brien. CARRIED lrNAfUIMOUSLY`.
18 _ .
19 B. Adoption (Se:cond Reading of) Ordinance 7_~,16T N.C.S'. Aufh,orizing
20 the City Manager to Execute AI[ Documents Relating to the
21 Purchase of Real Property Described As Sonoma County _Assessor's
22 Parcel Nos. 068-0'10-026, And '017-010-002, Consisting Of
23 Approximately 26"1.33 Acres. (B'an)
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25 Public Input:,
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2? David Yearsley; Petaluma; thanked the City c ouncil for moving this
28 item forward to purchase the 'property.. He also thanked former
29 Gify Council Members Cader=Thompson;. Nlag,uire and Keller for
30 their input. He added he hopes with an Audubon center and :a
31 wetlands center that it`woold boost education efforts.
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33 David Keller, Petaluma; thanked "the. City Council and no ed thiss is
34 something that we can be very proud of.
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36 Council Member Harris noted his support for this item even fhough
37 he was not present for fhe first reading of'the ordinance.
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39 Council M'ernber 'Moynihan noted his ~~support for the acquisition of
40 the property and indicated it is'q'sizeable costsavings to using a
41 portion. of the property for the City sewer treatment facility, He
42 pointed out,; although, that the ~plan't costs .have gotten ouf of
43 hand:'and. the ratepayers wilt be the Dries to pay forfhis. He asked.
44 the City Council,, again; to auth°orize peer review of the plane in
45 order to do everything we can t"o save ratepayers money..:.
September 15, 2003 Vol. 39, Page ~17~5
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Council Member Torliatf clarified the item before- C.ouneil is for the
purchase of the p"raperty only. Perhaps Nlr. Moynihan did not read
the staff report thorou_ ghl,y, _ _
Vice Mayor O'Bten agreed wifih Council Member Torliatf and
noted this. project has been peer- reviewed three times and, there. is
no need to look at it again. He urged the Council. to move
forward.
MOTION to adopt the ordinance:
M/S Torliat# and Healy. CARRIED UNANI'MO:LLSLY.
C. Resolution 2003-186 N:C.S. Adopting fVew Reconstruction Policy for
Street Reconstruction, Rehabilitation, and Maintenance, as per fhe
Recommendations of the Citizens Advisory, Committee on Street
Improvements. (Skladzien) ~ ..
Rick Skladzien, Director of. Public Facilities and Services, gave the
staff .report and recommended approval.
At the request of Council Member Healy, Mr. Skladzien summarized
highlights on how some of these: standards differ from those of past
City practices and noted once streets-are reconstructed at these
standards they will have .a longer life.
.Council Member Moynihan questioned the trenching standards
and confirmed that the new trench standards are better.
MOTION to adopt fhe resolution:
M/S Healy and Torliatf. CARRIED UNANIMOUSLY.
Council Member Torliatf thanked the CAC for all their hard work on this'
issue..
The City Council recessed at 3:50 p.m. to 3:55 p.m:
5. NEW BUSINESS
A. Discussion and Direction Regarding a~ Resolution Approving the
Termination, of the Owner Participation Agreement by and Between
the PCDC dnd the LOK Petaluma. Marina; Hotel Company, LLC, and
Approving Terms for.the• Repayment of ahe Currently outstanding
PCDC Loan for the LOK Pefaluma Marina.Hotel by WG Investment"s,
LLC, and Authorizing: the • Executive Director to Enter into
Appropriate Agreements, to ,Implement the. Terms .of the Loan
Repayment and OPA .Termination, in a Form Acceptable to PCDC
Legal Counsel. (Ntarangella) •
Vol. 39, Page 176 ~~' September 15, 2003
2 Public Comment: ~ ~ . ~ ~ `
4 Lourdes Coronado,'Sheraton`Employee, addre"ssed fhe Ci y Council
5 and noted. she works at the .Sheraton aril started there before. the
... .
6 hotel' opened. She indicated she. is a member of the union
7 committee an`d they ~ a're asking for respect, cheaper health
8 insurance, and bonuses that they have been promised; She
9 stressed the. need forprotection firom the Union and indicated
10 ,many coworkers did no. come today for "fear of the company
11 taking action against them. ~S.he urged the City Council to please
12 not rob their right to`work ffiere -please protect their~obs.
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14 Manual Rojo, :Sheraton Employee; addressed fhe City Council
15 stafing the. ;.need for prote~ctian; insurance, etc. H°e conveyed he is
16 afraid of~retribu ion ;from his employer.
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18 J.arnie Thompson and Christian Racks thanked the City Council_ for
19 delaying the: decision to terminate the OPA tonight;. The also stated
20 their appreciation °fo the City for stating the desire to inc ud,e the
21 union of fhe table ;for negotiations. Mr. Racks then gave some
22 history about the hotel and the` union labor involvement
23 commitment. He .noted since June they have been denied access
24 to the hotel. H:e commented' if the OPA goes away fhe;y become
25 sitting ducks out there and wili be subject to a hostile organizing
26 situation: and' no protection for the workers. He concluded: by
27 stating they are' very' committed to organizing. this hotel and are
28 hopeful and prepared to n°egotiate with reason.
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30 .David;, Keller, former Council Member, addre_ ssed `the City Council
31 indicating he was a principal neg_ otiator of this OPA. He indicated,
32 when this was negotiated, the City was very clear about the
33 ~ p'artnership with.. LOK. He indicated. it was conditioned "upon the
34 .public, dol{ars for this hotel that there would be a guaranteed_
35 payback'with interest. There was also a condition of" card :check
36. anal union"wages. He commented on the" lack of` good faith by
37 Nlr. Green and WG' Investments and :expressed he feels the P;CD.C
38 has been played for, as a ''Chump" over the last 15 years. It waS
39 noted the PC_ DC was involved, to help local business, to provide
40 living wages, to ;help the business community for lodging for their
41 customers.- He "indicated concern that ~ we are looking at a.
42 leveraging 'of• labour versus relinquishment :of the requirernen;t to
43 payback th'e° City's loan. He commented on a Subordination
44 Agreement .executedfour months later by former' City Manager
45 fred Stouder, which should have~~come back. before the FCDC fior
46 official action,. He concluded 'by stating. fhe attempts'to"cancel the
47 interest payments are•sh:ameful:
48 ~~ -
September 15, 2003
Vol. 39, .Page 177
1 Andy lee, Loca_L 2850, addressed fhe City, Council..and commented
2 on the financial standing of the two orgdnizations (WG Jnvestments
3 and RIM Management. .
4 ..
5 Eric Boehm conceded his time to M_ arty Bennett.
6
7 Mark Bennett, living Wage • Coalition, addressed the. City Council. in
8 support of the Living Wage Coalition. He quotedportion of the OPA
9 regarding employee: wages and the commitment,to',living,wage jobs. He
10 concluded by commenting on the afifects of ',low wageworkers on the
11 community and urged card check neutrality.
12 ,
13 Father Abel Mena, St. Vincent de .Paul;. addressed.. the City Council in
14 support of the workers and their right ~to organize. He concluded by
15 stating the.harmony of the City is at stake. .
16
17 Steward Jones conceded his time to Mr. Birdsall. •
18
19 Tom Birdsall, WG Investments, addressed the City Council .indicated WG
20 Investments are local investors. He:clarified' that WG is not the hotel owner
21 today,-they are just the. primary lender. .He noted payments are currently
22 in default: He also commented WG Investments is working to make the
23 hotel more stable. He noted RIM Management is a strong believer in
24 employee training programs and plans to keep all the employees.
25
26 He then commented that WG Investments did not borrow any money
27 from the City of Petaluma and WG Investments is not required to pay the
28 City back. He did indicated WG would be reasonable and may agree to
29 repay the $900,000 and forgo the rest of the promised $2 million loan if the
30 City is willing to eliminate- the labor agreement. Mr. Birdsall continued by
31 commenting the OPA makes the survival of the hotel less .likely. He added
32 WG Investments does not oppose the right of workers to organize, but
33 Card Check is not a' fundamental right,. He .indicated by allowing the
34 union to organize under card check terms puts the Sheraton at a
35 disadvantage in the marketplace and would make it harder to recoup
36 the losses. He concluded by stating the agreement that was signed is very
37 biased toward the Union. He'indicated they believe ~fhe workers. have the
38 right to be represented by •the Union, but should use the privacy of a
39 secret ballot if they wish to organize.
40
4:1 Mr. Birdsall concluded by _stating there: is a need..=to-act on the issue now.
42 If fhe City does not terminate the OPA, their, offer" to repay the $900,000 is
43 off the table.
44 •
45 Council Member Healy questioned the value of the hotel and indicated
46 the amount of the safe for fhe hotel ,would be pertinent to the City's
47 decision.
Vol. 39, Page 178 September ,15;:2003
2 Mr. Birdsall indicated there is littl:e~ inferesf in selling it for less than $20
3 Million.
4
5 Victor- Chechdnove~, Petaluma, addressed the City Council and
6 commented on the spirit of community in Petafurna and noted, the
7 workers at this. hotel are members; ofi our community. He commented' that
8 the major investors of the; Sheraton who misjudged the market are not the
9 faul# of the workers. or the union that:is trying to organize.. He indicated all
10 kinds of`rates• have risen and they should be able to take fhis :into account
11 when negotiating wages. He commenfed the City agreed with. the State
12 of California to construct the":Marina and the State has not agreed to
13 aggregate theagreement. Given that, the money willhave to come from.
14 the General Fund. He', .questio`ned when fhe City Council .was made
15 aware of the 'n'eed to renegotiate fhis agreement and was; the
16 information. from the City :Manager or from PC;DC? He noted the offer of
17 repayment ofi the $900,000 fhat the City has advanced, which ,he doesn't
18 appreciate, but it' would mean more money 'wouldn't be` expended
19 either. He concluded by s,ta;ting,the $900,00:0 repayment should not be
20 what makes the decision for the Council.
21 .
22 Eileen .Morris, Son'orna County Living Wage 'Coalition, addressed' the City
23 Council, asking if the City will be fi`rst'in line. when. things are pgid :back?
24 She indicated (here were three main reasons to go forward. with this
25 project -more visitors; increasedproperty value - fhe ability to use public
26 money to promo e another part of the public. good., and fair wages and
27 the 'ri'ght to organize. She concluded with comments regarding rising
28 ~ housing costs in S:ohoma County. •
30 Don Weisenflu, ,Petaluma, addressed. the City Council and stated: years
31 ago he argued against building a .four-star hotel at that site and 'believes
32 the prior Council may .have interfered with the free market process.. He
33 noted today they are. in bankruptcy. He stafed facts about living wages
34 and commented on the cheap labor workforce that. ,is here illegally: He
35 indicated until the Federal Government .corrects the problem there wou d
36 be artificially low wages everywhere. He stressed th.e need to ;get rid of
37 the illegal com~peaition and indicated it'is not incumbent upon the City to
38 settle Union disputes.
39
40 Scot# Vouri, ;Petaluma, addressed the City Cd;uncil; indicating the Council
41 did not get the-.,City in trouble by' pldcing `these: terms in the. operating
42 agreement. He indicated LOK came to the City and asked that TOT
43 monies not be ,collected so they could make payments on larger loans to
44 build a bigger hotel. Ydithout.more money they wou'Id not be able to build.
45 fhe large .hotel/confere_nce:center., He .noted it'has bee_n'implied thaf the
46 money wily be repdid sand '-that 'they will not, benefit from the OPA: He
47 concluded by stating 'now it is ~ tune for fhem to reciprocafe by living
48 wages and card check:
September 15, 2003
Vol. 39., Pagel 79
2 Public Input was closed...
3
4 Council M:e.mber Healy indicated he was .pleased to hear that 'the City
5 "Manager is going to reconvene all parties at the table.. He indicated there
6 is more information that needs to come forward and it is c ear that the
7 folks understand That the offer on the fable would not have guaranteed
8 the repayment of the $900,000 that had been.. advanced by the City. He
9 added fh:e City is reaping the benefits from an investment from a financial
10 point of view - if the hotel operates in a remotely good manner, the results
11 are revenue for the Gity. He cornm.ented he fuels there is an opportunity
12 for awin=win situation here and would hope there is an opportunity for a
13 Closed' Session to discuss the issues.
14
15 Council Member Harris indicated this evening is an information gathering
16 exercise.. He indicated he is supportive of all parties coming together for
17 an amicable solution.
18
19 Council Member Moynihan commented on the $750,000 project cost loan
20 and indicated he would like rnore~ information on the Deeds of Trust and
21 any secured equity to fullyunderstand the City's leverage or lack of
22 leveragge. With regard to the terms. for payback, he .stated he was
23 concerned with the amount of princip.ai received. and interest received to
24 ddf_e ahd would like to see the details. He noted concerns with the details
25 of~ the proposed terms of the new note to replace the OPA_ and/or
26 change the ownership provisions in. the OPA. He questioned why former
27 City Manager Fred St9uder signed as City Manager and Executive
28 Director of PCDC rgther than the Chair .of :fhe PCDC. He concluded by
29 indicating there are still #hree months before any sale can occur.
30
31 Council Member Torliatt commented quite a few .issues have been raised
32 and,, clearly, fhe. City Council needs more information. She added that
33 some of the comments made today are some of the same comments
34 made during the original discussions. She indicated she would.be happy
35 to see all parties involved. and' negotiating at the table: She concluded by
36 wishing the City Manager luck in getting all the 'information needed for
37 the Council to make a decision.
38
39 Vice Mayor O'Brien indicated he would like to see this come back. in
40 Closed Session for discussion as he has many questions.
41
42 Mayor Glass commented o,n the subordinated note and clarified the City
43 is second in ine to the first mortgage. He concluded by indicating he
44 looks forward to continuing this item; perhaps in Closed Session.
45
Vol. 39, Page 180 ~~ September 15, 2003
1 Council. Member Torliatt commented the City does need to be: firs# yin line
2 and that is one of the reasons she did notsupport`;the agreement the. first
3 time around,
4
5 The City Council took no oct,.ion regarding the OPA at this meeting.
6
7 The City Council recessed of 5 p.m. to 5:05 p.m.
B. Resolution 2003-187 N.C:S. Approving .'Loan Documents and
Regulatory Agreements, Required :for an $11.5 Million Bond.' Issue f_or`
he Downtown River,Apartments. (Gaebler)
Bonne. Gaebler, Housing ,Administrator,; ,gave the staff report and
recommended. Council approval' of~the;'Resolution
,M"OTION to adopt the resolution:
M/S Ta_rliatt and O''`Brien. CARRIED~BY'THE FOLILOWING VOTE:
AYES: Council .Members Harris, Canevaro, Healy; Q'Bri'en,
" Torliat and Mayor Glass
NOES: Council Member M"oyriihan .
Council Member AAoyningn indicated he voted "NO:'' due to
concerns with the cost per unit on this project and 'that fhis ~is
consistent. with 'how ~he has. voted in the pe~sf with regard"to this
issue, "
C. Introduction of ari ,Ordinance 21`6'2, N.C:S._ o:f the Gouncif of the. City,
of Petaluma .Authorizing a Lease, of Real Property ,Located at 900
HopperSfceet, Petaluma; CA. (Gaebler)
Bonne G'aebler, Housing Administrator, gave the staff report and
recommended Council approval- of the introduction of the
ordinance:. "
MOTION. to'introduce the ordinance:
M/S Torlia_tt and O'Brien. CARRIED UNANIMOUSLY.
D. Public Meeting 'Initiating Proceedings .and Proposing Formation of
fhe Turnbridge Subdivision l.gndscape and Lighting Maintenance
Assessmenf` District. (Anchordoguy);~ "
Resolution 2003=1`88 N.C.S. Proposing 'Fo.rmation, of Assessment
District.
.,
Resolution: 2003-;189 N.C.S. Preliminary Approval`. of Ehgineer'a
Report.
September 15, 2003 Vol. 39, Page l81
1 Resolution_2003-190 N.C.S. Declaring Intention to Order Levy an'd
2 Colleef Assessments.
3
4 Ed Anchordoguy, Parks and .Land Manager, gave the staff report
5 and urged Council's approval of fhe proposed resolutions.
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7 Council Member Torliatt commented on the proposed supervision
8 for. the cost of $500 pe.r year. She noted perhaps it should be on an
' 9 hourly basis, not on a square-foot basis. She clarified with staff that
10 they will be looking at this twice a month.
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12 Mayor Glass clarified there is no Homeowners Association.
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14 Council Member Canevaro explained how staff came. up with "fhe
15 .annual costs. The Engineer's estimate is based on current costs
16 according to industry standards. He indicated he would like to use
17 costs estimated by landscape companies rather than City
18 engineers and would prefer taking bids based on those figures.
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20 Mr. Anchordoguy noted those figures could be artificially low, too.
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22 Vice Mayor O'Brien agreed with Council Member Canevaro and
23 indicated some landscape contractors have said the same thing.
24 He concluded. by commenting he would like to see the scope of
25 work proposed to be done for the estimated cost.
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27 Mr. Anchordoguy indicated when the City goes out to bid to
28 maintain these districts, there dre very detailed specificatioris
29 included.
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31 Vice Mayor O'Brien indicated he would like to see an estimate
32 from the landscape company rather than the City engineer.
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34 City Manager Bierman agreed the City needs to ,get better
35 information on the estimates upfront,, but indicated he doesn`f
36 know how we do that. He did agree, however, something needs
37 to change.
38
. 39 Council Member .Healy indicated there have been ongoing issues
40 with landscape districts and staff is making progress on resolving
41 those issues.
-~ 42
43 MOTION to adopt the resolutions:
44 M/S Healy and Moynihan. CARRIED UNANIMOUSLY.
45
46 ADJOURN: The City Council adjourned at 5:20 p.m. to the evening session.
47
Vol. 39, Page 182 September' 15, 2003
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2 EVENING SESSLO'N - 7:00 P'.M.
3 CITY COUNCIL ONLY
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6 CALL TO ORDER
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8 A. RoII.CaII
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10 Present: Mem, bees C,anevaro, .Harris; Hea6y, O'Brien,. Mayor .Glass;,
11 Torliatt, Moynihan
12 B. Pledge of Allegiance
13 C. .Moment of Silence
14
15 PUBLLC COMMENT
16
17 Geoff Cartwright, 'Petaluma, addressed. fhe City Council regarding the upcoming
18 October 7th election and commented on the voting ..machine problems in a
19 number of counties throughout California.
20
21 David Libchitz; Petaluma, addressed the City Council regarding the Open Space
22 District Advisory Committee. He indicated the Board of Supervisors makes two
23 appointments which expirenext week.. He ,noted that. current members on the
24 Advisory Committee from District 2 .are sorely lacking.: He. urged .Supervisor ,Kerns
25 to solicit names of `interested individuals-who want to serve: and no ed if anyone
26 watching this o,n PC,A this evening is interested in serving, they should contact
27 Supervisor Kerns.
28
29 CORRESPONDENCE
30
31 There was. none.
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33 COUNCIL COMMENT AIV~D LIAISON REPORTS
34
5 Council Member `Torlidtf commented on having attended :the Chabot Tile 8
36 Stone ribbon .cutting, ceremony; fhe refinement event for Shirley Miller, retiring
37 Captain .from the Petaluma .Police Department;: the Mayors'' 8~ Counc,ilmembers'
38 Meeting held Thursday night;.. the fundraising event- for' 'Petaluma Ecumental
39 Properties;- and the September l 1'th Memorial of the Ve,teran's Building.
40
41 Mayor Glass commented on having been `in washingt,on, D.C. last week. _
42 lobbying for funding for funding that would complete the Payran Flood control
43 Project.
44
45 Council. Member .Moynhq_n reported. on having, attended the Petaluma
46 Ecumental Properties event also and noted' it was' h'is daughter's 12th birthday
47 that day.
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September 15, 2003
CITY MANAGER `COMMENTS.
There were none.
6: UNFINISHED BUSINESS.
Vol: 39, Page 183
A. Discussion.. and Direction. on the Request for Proposals for Solid
Waste/Garbage Contract. (Bierman) .
City Manager Bierman gave a brief.staff report and indicated there
are some policy questions for• the Council_to give direction on,
which included will they stay in fhe County JPA, to what
percentdge do they want to. set the diversion rate, what types of
additional diversion programs do they want to put in place, do
they want fo control the waste stream to hit;,AB 939 gals through
construction and .demolition debris boxes, are they supportive of
single stream or source separation, .and the number of years they
would like to see for the Length of the contract. He concluded by
recommending the City Council amend the RFP and get additional
proposals and noted that actually, the length of the confrgcf was
not an issue any longer as it is for 10 years, with two one year
extensions.
.Public Input:
Ernie Carpenter, Industrial Carting, addressed the City Council, asking that
they honor their .previous commitment to keep commercial debris boxes
open. .~He commented on the $50;000 bid bond issue and indicated. his
support for revising the RFP: He added whatever site is chosen it should
be a legal site permitted by the County and should meet the
requirements by the State Management Board.
Jane Hamilton, Petaluma, addressed the City Council and indicated, If
done 'right,- garbage collection won't even show up on the radar of
citizens. She encouraged 'the Council. to amend the RFP dnd to
"recirculate it. With regard to the ,garbage subcommittee, she noted
commercial debris boxes was discussed and suggested it should b;e kept
on the open market. Regarding commercial `recycling, she indicated it
was suggested to keep it open and competitive;n:Petaluma. She added
fhis is a serious issue. for the City of Petalurria. She proceeded to express
concerns with SB871 that says if you. are an overlying motor carder,. you
are liable for 3 times the damages incurred. She :stressed the need for
each bidder to reveal their overall status and health as a motor carrier.
11Aatt Maguire, Petaluma, addressed the .City Council and gave a briefi
history of the project.. He commented on t'he importance of taking it out
Vol. 39, Page 184
Septem;ber'15, 2003
1 to bid to get the best deal, for residents: He indica:ied he was pleased to
2 hear staff is recommending reissuing the RFP and noted the importance: of
3 getting more competitors; if possibte. H'e~ concurr'ed wfh earlier comments
4 ..made .regarding temporary debris'. boxes and noted recycling, should be
5 left to the open market. He noted the importance of checking p:eopfe's
6 track records hto see if' they helve; fulfilled their promises made in other
7 places. He stressed' the importance of also ch:eekirrg their DIvIV records;.
8 abuse of any 'regulations and checking; #o sere if there are violations by
9 their drivers. He also noted the need to. look at employee issues - pa,y,
1;0 benefits, labor strikes, He .n;oted the Council would want to avoid
11 problems where.. they can. He conclu.de:d by urging the Council to look-at
_..
12 ~ other related business, entities -franchise violations, etc. anal noted fhe
13 hardest question befo_ re the Council is the .AB 939 question.
14
15 Diane Reilly-Torres, Petaluma, addressed 'the `City Counci( and :agreed
16 with °cornrnents ~by Jane Hamilton and Matt Nlagu~ire. She indicated she
17 hds no proble,rn with Empire Waste - fhey are 'good people;." She
18 indicated;she hopes the City gets the best rates for'itscitizens; and hopes
19 for a better franchise ,agreement than was negotiated with the Cable
20 Company.
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22 Wolfer Schivo, Petaluma, addressed the City Council: and -:gave a history
23 of garbage issues in Novato. He indicated North Bay decided `,to raise the
24 rates for .customers and replaced 45-gallon cans with 32-galloncans. `He
25 continued by indicating Novato is the "Refuse Con ainer Capifal of the
26 World." He commented on mixed recycling and indicated .collec~tio;n
27 recycling trucks burn, more fuel because of having'ta go up and down the
28 street two or three times.
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30 W%th no~ further :requests to speak, the A~layor de~clnhed Public Input on
31 this issue closed. ~ , ,
Council Member Healy stated. his support for continuing `fo keep de.b.ris
boxe"s competitive and asked how to se't the: threshold for the franchise
portion of the'waste collection so we know we are;getting' S0%.
37 City Manager Bierman indicated' Mr. Welts should ,address how they deal
38 with AB939 and indicated single stream and weekly ,ard waste would get
39 us fo meet our goals:thraugh the JPA relating to AB 939,
40 .. ,_ . -
....
41 Mr. Wells explain'ed' how AB939 diversion is measur~;d, which is based on
,. ..
42 data from disposal. H.e indicated the on y me'asure_rnen,t that occurs is :at
43 disposal. He added . f-here is another, w.ay to :measure - sales taX;
44 ernploym,e~nt, and :business .growth. He c:omrnented that they:got out of.
4;5 ~ the counting mode and' relied o'n calculation and the reporting system
46 that goes~~into any landfill. He noted S`onom'a County'is a regional agency,
47 so they report one number :and all cities are aggregated.
Sepfem~ber 15, 2003 VoL 3.9, Page 1'8'5
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2 Council Member Healy noted AB939 requires that certain programs be in
3 place.
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5 Council. Member Moynihan. wonder+e'd what would happen if the State
6 "woke up`' and initiated the penalties,fior having not met the mandate:
7 .
8 Mr: Wells responded they could try that, but 'it would take a significant
9 legislative effort. He noted the City is meeting the intent ofithe law.
10
11 City Council discussion ensued regarding debris boxes and recyclable
12 materials, the timeframe from the County to meet the 50% dversioh goals,
13 and the lag in time regarding the collection of data in order to measure
14 those goals.
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16 Council Member Torlatt expressed a desire to .see the number for
17 Petaluma, as it relates to whether Petaluma is meeting its goals.
18
19 City Council discussion continued regarding how trucks are weighed
20 going into the landfill.
21
22 Council member Torliatt asked if there were a financial penalty if the City
23 were to withdraw from the JPA or not dump into the County landfill.
24
25 City Manager .Bierman indicated the County told him that if the Gity
26 stayed in the JPA and took. the garbage out of the County landfill, there
27 would be fines. If we were to be on our own, there would be no penalties
28 from the County.
29
30 City Council discussion ensued regarding assurances that the City is
31 addressing fully permitted. facilities and the importance of that being in
32 the RFP.
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34 Council Member Torliatt commented on her appreciation for the safety
35 comments made. She indicated safety criteria should be submitted. She
36 also supports leaving cornrnercial recycling and debris boxes to fhe ,open
37 market. She requested proposers provide information on what wage
38 ranges are being paid to their employees.,
39
40 Council Member Healy questioned i_f Petaluma didn't utilize the County
41 landfill, would Petaluma residents be denied access and would there be
42 p legal basis for that.
43
44 Mr. Wells indicated he believes they can do so.
45
46 City Council discussion ensued regarding programs the City should have
47 to meet diversion goals and pros and cons of single stream versus source
Vol. 39, Page 186 September 1,5, 2003
separation methods.~were discussed. It was noted that single stream
diversion 'is not o_ my "one" can -there would be three cans utilized.
The, majority of the Council was supportive of the single stream method.
After discussion.. regarding construction and demofi'on debris, the majority
of Council concurred that the: options remain open, but That- there be a
requirement `that 'the City gef credit for recycling materials.. The discussion
also included the need fora cen.tral~site for debris boxes and the ability of
"self-haulers" in Petaluma to be able to track the numbers.
City Manager Bierman commented on alternative~~ for use of permitted
facilities and the need to have a mandate that a company hake debris
boxes to q parficu ar site'in order for Petaluma to get the credit.
Council Member°Torliatt argued the hauler sho.ulci be able to provide that-
information and noted the facility doesn"t need to be in or- near
Pe aluma.
City Council discussion continued regarding how to hold; a provider
accountable for meeting the diversion percentages.
Allr. Hilton responded the penalti_es~would be that :they are in violation. of
the franch"se agreement.
Council Member 'Healy commented on requested policy direction
regarding AB93,9; He noted customers are price sensitive and the Council
should be very sensitive to that: He 'indicated the Council 'should be
looking to comply with AB939 requirements and should invite potential
haulers that want to look at additional .programs to cosh them out .for us.
If, he added, t;he City does stay in the JPA, it would: put us'in-compliance
with AB939. He concluded that is the most likely cost efifective way to
proceed.
Council Member Moynihan agreed with Council `Me.mber Healy. .He
commented he is more concerned' with meeting the 50~ m•andated rate
to be in compliance with. State law and would support `leaving it up to the
selected company to figure out how to get fo that level.. He `stressed .his
main concern i"s :keeping costs down.
...
Council Member: Torliatt noted she doesn't understand why it is not
possible for fhe 5p~ to .be a minimum and why the City can't ask the
proposer to estimate what it would cost to get 60% or 70%. .She stressed
the public needs to know what'• it is agoing to cost them to be more
environmentally conscious: _
Councl'Member Canevaro concurred -and agreed the Ci#y should look at
both sides.
September 15, 2003 Vol. 39, Page 187
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Vice Mayor O`Brien indicated he agreed with Council Mempers
Canevgro and Torliafit, as well as Mr. Maguire and Ms. Hamilton tonight.
He :indicated he would like: to see the three percentages figures in they RFP
and noted there is a need to keep as much as possible out of the landfills
and to look at prices versus value.
Council Member Harris commented on the importance of staying with the
County JPA.
Mayor Glass indicated there was a consensus to see the additional
diversion programs and to see -the dollar costs associated with that. He
.added he would like to see the breakdown from the 50 to 70~ diversion
programs. He added safety issues are also important and concluded by
indicated he would like to see the City keep an open mind about staying
with the. County J.PA or going it alone.
Council Member Moynihan commented on insurance requirements ar-d
the importance of indemnifying the City, added we shouldn't require or
mandate wage requirements, and suggested a new comprehensive RFP
be created .and sent out. He stated "the importance of restructuring the
RFP in a way that is very clear.
The majority of Council indicated their support for the inclusion of diversion
information o.n 50~, 60% and 70%.
Council Member Moynihan objected to the inclusion of the diversion
levels, indicating he feels it will limit bidders.
ADJOURN
The City Council Meeting was adjourned at '8:55 p.m. to the next regularly
scheduled meeting.
ATTEST:
David Gidss, agar'
Gayle P terser, City Clerk
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