HomeMy WebLinkAboutCity Council/PCDC Minutes 07/07/2003JuIY 7, 2003
VoL 39, Page`:31
~p'Ltj.
a , ~ City of Petaluma, C'alfo~a~ia
` ~_ REGULAR MEETING OF T:HE PETALUlV1A C1TY COUNCIL
1858 AND PETALUnAA CO`MIVIUNITY ®EVE~LOPMEIVT
COMNAISS'1ON
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City Council/P.CDC Nlinufes
Monday; .July 7; 2U03"- 2:00 P.M.
Regular Meeting
Note: Eouncil Member il~lichael Healy participated in this meeting via
to%conference: Under the provisions of the: Brown Act, Government Code Section
54953; the fol%wng conditions were. met:
• The agenda has been posted at 1 Main Street, South Rirm, Grand Canyon,
Arizona 86023, at least 24 hours prior to this meeting. A "No ice of a
Special Meeting" has also been posted of least 24 hours prior to this
meeting.
• The location .at 1 Main Street; South Rim, Grand Canyon is accessible to
the public.
® A quorum of fhe members. of the Council participating in this meeting are
at a Location(s) within the boundaries of the City.
® Any pubic present at -the teleconference location may- address the
Council during the Public Comment portions of`the Council meeting:
2:00 P.M. -CITY COUNCIL CLOSED SESSI'OIV
CALL TO ORDER -The meeting was called to order at 2 p.m.
A. Roll Call
Present.: Members Canevaro, Harris, Moynihan, O'Brien, Torliatt and
Mayor Glass
Absent: Healy
B. .Pledge of Allegiance
Vol. 39, Page 32 July 7, 2003
1 PUBLIC COMMENT
2 ,
3 Bill Donahue, Petaluma, addressed the City Council ;regarding the `Sandalwood
4 Park litigation aril asked'-that the Council be supportive ofi their efforts'in dealing
5 with the park owners and increases in rental space leases:
6
7 ADJOURN TO CLOSED SESSION
8
9 CONFERENCE 'WITH LEGAL COUNSEL=EXISTING LITIGATION: P~rsudrt to
10 Government Code '§54956.9- - Sandalwood Estates :vs. City of Petaluma
11 (Sonoma County Superior C.ourfi Case No. 230414) _
12 CONFERENCE'WITH LEGAL COUNSEL: Pursuant to G.overrme'nt Code §549'56,:9
13 - Lni.t~iati~on o:f' Li.tigation. '(2 rr~a~tters)~. ~ .
14 • CONFERENCE" WITHREAL, PROPERTY NEGOThATAR; Pursuant to Government
i5 Code §54956:8. 'Property: Two parcels Located on the: 4000 Block.of Lakeville
16 Highway ~APN`s 017-170-002 and 068-01'0-Q26') One Parcel Lo.c:ated Southwest
17 of the City's Oxidation .Ponds (APN 019-330-009)',. ~A 'Sm'all ,P'ortion of One
18 Parcel Located at 3880 Cypress. Drive. (APN 005,-090-Ob2~): N;e;goti'ating ;Forty:
19 Michael Bierman/Michael 'Ban:. Under Negotiation: Price, Terms o,r°,Payme;nt;
20 or Both.
21 CON'FERENCE` WLTH LA'_BOR~ NEGOTIATOR: Government Code §54957.6.
22 Agency Negotiator: ,Michael Bierman/D:enriis Morris. Employee
23 Organizations: AFSCME and Unrepresented Groups
24 • CONFERENCE; WITH LEGAL COUNSEL= EXISTING LITIGATf~N: Government Code.
25 §549,56.9 (a) - Bobby Thompson vs. City of Petaluma (Thompson I), Sonoma
26. County Superior Court Case N.o. SCY-22567.:7
27 • CONFER€NC,E~'WITH. LEGAL COUNSEL-EXISTING LITIGATI:C7N: Government Code
28 §54956.9(=a,) -~;B:obbyThompson vs. City of Petaluma (Thompson Il,). U.S. District
29 Court; Northern California, Case Mo. C, 03-0033EDL
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31 3:.,00 P.nA'. - J®I,NT CITY COUNCIL/PC['C SESSION.
CALL TO ORDER'
A. Roll. Call
Present: Members Can:evaro, Harris, Moynihan, O'Brien, Torliatf aril
Mayor Glass
Absent:. Healy
B. Pledge of Allegiance
44 PUBLIC COMMENT
45
46 There was no public comment.
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July 7, 2003 Vol. 39, Page `33
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REPORT O'UT OF CLOSfD_'SfSSlO'N .ACTIO'NS TAKEN
The Mayor announced that direction was .given to the City Attorney to facilitate
a discussion amongst all parties regarding the current outstanding issues ih fhe
Sandalwood case. He also submitted copies of the Rohnert Park Mobile Horne
and zoning ordinances.
CITY COU;N,CIL COMII~ENTS
Council Allember TorliaH commented on having attended the Water Advisory
Committee Meeting and .noted the- .Advisory Committee has put together a
subcommittee to give some recommendations to the County regarding their
proposed Water Resources Element. The WAC will discuss those
recommendations at fheir next meeting. She also noted that Michael Ban,
Interim Water Reso,urees Direction, had asked to be put on the agenda to
discuss information about peak periods as it pertdins to the MOU for water usage
from the Sonoma County Water Agency because in 2003 collector six was
supposed to be on-fine to increase the million gallons per day allotment for all of
the contractors. Collector six most likely will not be on line until late 2005. So,
there is d difference in the amount of gallons that would be provided from 84
million gallons per day to 92 million gallons per day.
CITY MANAGER COMMENTS
There were no comments made.
AGENDA CHANGES AND DELETIONS (to current agenda only.J
1. PRESENTATIONS
A. Employee Service Awards for Second Quarter of 2003.
Mayor Glass presented service awards to the following employees
who were present to accept:
Stephen Curtis, 15 Years, Fire Department
Juan Colorado, 15 Years, Fire Department
Russell Rasmussen, T5'Years, Fire Department
Chris#opher Peck, 20 Years, Parks and Recreation Department
The following individuals were recognized, but were not able to be
present:
Adrianne Wallace, 5 Years, Police Department
Natalie Alves, 5 Years, Police Department
Anthony Morgan, 5 Years, Police Department
Tamara. Shoemaker, 5 Years, Police Department
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Vol. 39, Page 34
2.
3.
July 7,.2003
Matthew Stapleton, 15 Years, Police, Department
Albert VoThies, 15 Years, Parks and Recreation"Q'eparfinent
:Don. Phoenix, 15 years, Parks and Recreation Department
ARPROVAL OF MINUTES
A. City Council Minutes of June 2, 2003
Council AAember Torliatt requested page-3,,line 8'reflect "initiating''
discussions.
B, City Council Workshop Minut:es of June 4', 2003
Accepted qs submitted. _
`C. City Council Workshop tvlinufes of June 9,2003
Accepted as ubmitted.
D. City Council Workshop Minutes of June 10, 2a03
Council Member T.orliatt requested that page. 4, line 37, be
amended to reflect additionglly: "increase the do//ar amounf spen-t
on Water Conservation Projec s and apply for money in the Water
Conservation Sefi-acid. e in SCWA Operations ar~d Maintenance
Budget.
E.
F.
City Council/i'CDC V~/orkshop Minutes of June 11, 2003
.Accepted as suprnitted.
City Council/PCDC Minutes of June.16;'2003
Council Member T.orliatt requested her comrne.nts o,n page; 6, line
32 reflect, "...where the pipe is going; ,to potem~i'ol/y coordnote q
location for- bike and pedestrian access mproiiements
MOTION to approve fhe Minutes submitted with the above amendments:
M/S Torliatt and O''`Brien. CARRIED UNANIMOUSLY.
APPRO.yAL OF PRO:POSfD AG'ENDA.for July 14, 2003.
The City Manager noted 'items that will be moved from July 14 Agenda to
the August 4 Agenda..
City Council direction was given to bring forward a citywide
beautifi.cati'on plan, as well as a'Park Naming'Policy. These.items will ..most
likely be brought forward in lafe -August.
July 7, 2003
Vol. 39, Page 35
1 ~ Council 'Member Moynihan asked for an ,updated report on itigation
2 costs.
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_.,:
4 MOTION to approve the July 14, 2003 agenda:
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6 M/S O'Brien and Moynihan, CARRIED IfNANIMOUSLY.
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8 4. CONSENT CALENDAR
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10 Council Member Moynihan requested ffems A and F be removed from the
11 Consent Calendar for separate discussion.
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13 Council Member Torliatt requested item. J be removed from the Consent
14 Calendar for separate discussion.... ~;':.
15 ~ ~-
16 MOTION to approve the balance of the Consent Calendar:
17
18 M/S O'Brien and Torliatt:. CARRIED UNANIMOUSLY.
19 •
20 A. Resolution Accepting Claims and .Bills from Demand Dates 5/23
21 and 6%6/Q3. (Thomas) ~~ Removed from fh"e Consenf Calendar for
22 separate:,discussion.
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24 B. Resolution, No::2003-T23 N.C.S. Accepting the. Completion of the
25 2002-2003 Water Main Replacement Project. The Project Involved
26 R'eplgcing Water Mains at Various .Locations to Improve Service
27 and Reduce Nldinten'ance Costs. The Project .Also Included the
28 Replacement of a .Detecio"rating Sewer Main Located. Within the
29 Water Main Construction -Area. Final Project Cost: $520,000.
30 Funding Source: Water< Funds:. and -Sewer Funds. Contracfor;
31 TerraCon Pipelines Inc.. (Ban/Nguyen)
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33 C. Resolution. No. 2003-124'. N.C.S. Approving the Submittal of an
34 Application by the Committee. on the Shelterless tb th'e
35 Department of Housing and Urban Development (MUD) Under fh'e
-3'6 Continuum of Care Process and Authorizing the City Manager- to
37 Sign All Necessary Documents Related to the 2003 Continuum. of
3'8 Care application. (Gaebler) .
39
40 D. Resolution. No. 2003-125. N.C.S. ,Rejecting' All Bids for the FY 2002-
41 2003 Pedestrian Crossing Enhancement Projecf 3306, Phase 2.
42 (Skladzien)
43
44 E. Resolution No. 2003-126 N.C.S. Declaring, Vehicles and Equipment
45 Surplus to the City's Needs and Directing the City Manager to
46 Dispose of the Vehicles and Equipment in Accordance with
47 Provisions of the Petaluma Municipal Code. (Thomas)
48
Vol. 39, Page 36
July 7, 2003
1 F. Resolution Approving Bids and Au horization to. Award .the Contract
2 for the FY ;2003-2004, Pavement Maintenarnce .Program, No. 9732.
3 The Project Involves Maintenance Repairs to Streefs ~ at' Vdriou"s
4 Locations Citywide-. , • (Skladzen./Castaldo) Removed 'from the
5 Consent Ca/endar for sepu :rote discussion.
6 _
7 G. :Resolution No. 2003=.127 N.C.S. Amendmen~k the .Classification :and
8 Compensation Plan -and Establisliing_ Classification Descriptions.
9 (Morris)
10 ._
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11 H. Resolution: No. ~ 2
003-128 N.C.S.: Ado~ptn, g FY 2003-2004
12 .
.Appropriations Limit: (Thomas).
13 .
14 I. Resolution No. 2003-129 N.C.S. Authoriziri'g, ;the City ;Manager to
15 Sign an Agreement with Witarnan: Enterprises LLC to Provide: Billing
16 Services for Ambulance :and Emergency Response Services.
17 (Thomas.)
18
19 J. Resolution Awdrding the C:onfract to Desigri~'tlie Proposed. 7-.Acre.
20 ,Park,. Located at the Gdtti Park. Site.. to Gretchen Stranzl McCann
.
21 - Landscape Architects of. Napa for. ~$l 17,OOQ:: {Carr.) Reittoved from
22 the Consent Colendgr 'for sepvrote, discussion. •
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24 K. Resolution. No. 2003=-130 N.C.S. Designating the Fourth Saturday of
25 June as "Celebrate The Accordion" Day::. {Carr).
26
27 L. Adop ion (Seconds Reading) ~ qfi .Ordinance No. .21':53'. N:C:S.
28 Authorizing the Cit°y • Manager to Execute Tow Franchise
29 Agreements wi#h Qualifying Tow Operators and Establishing the;
30 ~ Initial Tow Franchise Fee:(Thomas)
ITEMS. REM"OVED FROM CONSEiVT:
34 A: Resolution ;fVo. 2003=131 N.C.S. Accepfiing Claims ;qnd :Bills' from
..
35 Demand• Qdtes S/23 and 6j6y03, (Thomas) -
36
37 Council Member 'Moynihan clarified with. staff that the ,new
38 accounting software would be utilized in ~ Qetob'er and. aske'.d to
39 receive a staff report on the. status of that, Kzroject: H:e questioned
40 Check numbers 30780 and :3078:6: of M'ay 23, 2003 and clarified
41 these are. a part of the already incre.dsed ~ppropridtioris. He also
42 asked for clarifications on Check #3'1038 and questioned why gas..
43 tdx funds are being used if it is, a CfP prolec;t: Staff explained the
44. details reflect how the item was billed.
MOTION to adopt the Resolution:
July 7, 2003 Vol. 39, Page 37
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M/S Moynihan and, Harris. CARRIED UNANIMOUSLY.
f. Resolution No. '200.3'-132 N.C.S.. Approving Bids and Authorization to
Award the Contract for the FY 2003-.2004 .Pavement Maintenance
Program, No. 9732. The Project involves Maintenance Repairs to
Streets at Various Locations Citywide. (Skladzien%Castaldo)
Council Member Moynihan. commented he .feels there is an
account number discrepancy and that it is not consistent with the
new policy. Thee Finance Director stated the checks just reflec# the
description that was submitted on the billing.
MOTION to approve the resolution:
M/S Moynihan and Glass. CARRIED UNANIMOUSLY.
J. Resolution No. 2003.-133 N:CS: Awarding the Contract to Design
the Proposed 7-Acre Park Located at the Gatti Park Site to
Gretchen Stranzl McCann Landscape .Architects of Napa for
$117,000. (Carr)
Council Member Torliatt noticed ~ fhe contract` addressed the
installation. of a softbalj field and a. Little League-sized baseball.
diamond and questioned if soccer fields were' included. Staff noted.
the contract provides for putting the fields. contiguous to each
other, .similar to Prince Park, so that the outfield area and the area
between can be used for soccer and%or multi-use fields.
MOTION to adopt the resolution:
Ivl/S Torliatt and Harris. CARRIED UNANI'AAOUSLY.
5. UNFINISHED, BUSINESS
A. Adoption (Second, Redding) of Ordinance: No. 2.1:5'4 N.C:S.
Providing for Appropriations for FY 2003-2004. (Th'omas)
MOTION to adopt the Ordinance:
M/S Torliatt and O'Brien.
AYES: Harris, Canevaro, O'Brien, Mayor Glass and Torliatt
NOES: Moynihan
Council Member Moynihan sta ed he is voting NO for the same
reasons as ,stated at the last meeting.
Vol. 39, Page 38
July `7, 2003
2 6. NEW BUSINESS
3
4 A.. Reso_Iution 2003-1,34 N:CS. Approving an Amended Bail Schedule
5 for Non-Traffic. Violations of. the Petaluma 'Municipal Code.
6 (R~udnansky)
7
8 Council Member Tgrliatt co,n_firmed, the Council has the right to
9 increase the base or total amount of the bails. She further
10 indicated her desire to 'see ai $500..00 fine for the second offense for
11 violation of- TOT taxes; and.. indicated $75.00 is, not enough. of a
12 penalty for someone w.ho has removed a heritage. and/or
13 landmark tree, ~ With regard, to violations forUniform Codes, she also
14 noted she would dike t'o see stronger fines for 2nd and 3~a offenses..
15
16 Council Member Moynihan commented he felt Council Member
17 Torliatt brought up some, good points and- would support staff
18 , coming back some. time 'in the future to address fhose issues. But,
19 he is uncomfortable about making changes in the recornmencied
20 `rates in light of potential ,liability or litigation if 'they are not in line.
21
22 Council M.embe~ Moynihan .MOVED:- th.e recomrnenda;tions as
23 presented in the, staff'report:,'Councl Member Harris SECONDED. T,HE
24 IVIOTIOiV for discussion purposes.
25
26 City Attorney Rich Rudnansky noted the figures used for the TOT Tax
27 and' ahe Heritage -Tree/.Landmarks were set based on discussion
28 with .staff ahd .indicated 'he does -not feed it would be .improper- to
29 increase those amounts as suggested.. He further explained the
30 mandatory appearance procedur:.e and indicated the judge
31 would impose the fines, based on, the severity of the offense,. if it
32 were to reach that poinf.
33
34 Council Member Torliatt reiterated her desire to se:e' fees increased
35 for the TOT and Heritage Tree/Landmark offenses.
36
37 MOTION by Vice Mayor O'Brien, 'SECONDEDD by Council M'ernber
38 Nloyriihan, to CA, LL FO;R THE QUESTION. .
39
40 Council` Member Torliatt noted.. 'for the record that she will. be
41 supporting the resolution, but wanted the record to reflect that'she
42 would prefer those two fees be increased,
43
44 The original. MOTIOfV to approve the resolution as submitted was: .
45 voted upon and CARRIED UNANIAAOUSLY.
46
47 The City Council adjourned at 4:00 p.m. to the Evening Session.
48
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July 7, :2003
nAONDi4Y, JULY 7, 2003 - EVEIVI;IV'C
CALL T.O O;RDER ~ .
A. Roll Call
Vol. 39, Page 39
Present: Members Harris, Canevaro, O'Brien, Mayor Glass, Torlia~tt,
Moynihan ~ .
Participating
via
teleconference: Council Member Healy
B. Pledge of:Allegidnce
C. Moment of'Silence
7. PRESENTATfON
A. Healthy-Community Recognition. Aw,drd to Sheila Bride.
Mayor Glass presented the Healthy Community Recognition Award
to Sheila .Bride,
CounciLMember Moynihan indicated he has had the pleasure of
serving on a committee with Ms. Bride and indicated she is a real
role model.
PUBLLC COMMENT'
Karen iV.au, Petaluma, addressed the City Council regarding the recent article in
the Argus-Courier regarding the Adobe Fiesta ending, indicating it is Petaluma's
Founders Day event. She concluded by stating her support .for the state park in
Petaluma.
John Hanania, Petaluma, addressed the City Council with concerns with
abandoned and junk cars in the community. He supported the. idea of having a
beautification ordinance to help regulate this kind of nuisance.
Bill Donahue, Petaluma, addressed the City Council. regarding Sandalwood
Mobile Home Park issues and vacancy control
Richard. Parker, Petaluma, addressed the City-Council regarding the Landscape
Assessment District at Greystone Creek aril indicated ~(by~ bringing a bag of
weeds from the area) that it is .not wo_ rking.
Vol. 39, Page 40 July 7, 2003
1 Kathleen Murry, Petaluma; addressed, the City Council regarding concerns with
2 junk cars in the community. ,
3 -.
4 Frank Simpson, Petaluma, addressed the City Council and submitted a
5 supplemental report on the streets of Petaluma,. which was prepared by
6 Petaluma -,.Involved Neighbors. 'The report addressed the need to update the 72
7 hours parking law and the. parking of oversized and non-motorized vehicles on.
8 city streets.
9
10 Betty Mazzucchi; Petaluma, addressed the City Council in support ofi the efforts
11 of the Sandalwood. Mobile Home Estates: residents., She urged the Council to'help
12 the residents to enforce, ,the' ordinance and stop the yearly arbitrations with the:
13 owners who are trying to force them to'sign leases:
14
15 Vince Landof, Petaluma; .addressed the Cify 'Council regarding. weeds
16 throughout the community and the need` to move forward with flood plain fixes.
17
18 Doug Peacock, Petaluma, addressed the City Council regarding fhe long-term
19 parking of .boats, trailers ,and RVs on city streets.
20
21 Jeri; Shubert,. Petaluma, addressed the City Council regarding the proposal ,t_o
22 develop the Gatti: property off Sonoma Mountain Parkway. .She noted, before
23 the park is finally .approved, sfe would like to have additiondl studies made. of
24 Riesling Road where it~ is intersected by Sonoma Mc~,unfain Parkway.. _She
25 commented they would. like to see the frontage that is ,used at the Gatti area
26 now be dedicated to providing access. from Sonoma Mountain Parkway to new
27 residents of this development... She indicated they have done fheir own trdffi'c
28 study. She noted the junior high school is ,going to be built, and. fh:e college
29 expansion is significant, and other developments are occurring `that will impact
30 the traffic,. which she fieels was not considered, She added. the developer wds
31 asked and .responded that the Buckingham residenfs being pleased with the
32 development was his highest priority. She continued on to express cone.erns
33 regarding homes that are ,planned to abut th_e backyards ofi the Buckingham
34 residents and the fencing that is proposed.
35
36 CORRESPONDENCE
37
38 There was none.
39
40 COUNCLL COMMENT AND LIAISON `REPORTS'
41.
42 Council Member. Harr'is~ commented that he would like to 'see a Bedutification
43 Ordinance. put on cf future agenda for a full presentatio"ra. He .also commented
44 he would. like to see all.. fhe issues regarding the Gatti proposal addressed bystaff
45 prior to the: discussion being held o,n July 14, 2003. .He concluded he would, not
46 be in attendance of~the .Airport Commission Meeting,'wh'ich was changed to this
July 7, .20.03 Vol. 39, Page 41
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week because he w'i(I` be in attendance at the Mayors' and Councifinembers'
Meeting. He will provide a full written rep,ort..
Council Member Canevaro also supported bringing forward a Beautification
Ordinance; noted that the Council will discuss .Mobile Home Zoning' in the near
future; and supported any kind of traffic mitigation that can be done with regard
to the Gatti proposal.
Vice Mayor O'Brien agreed with Council Member- Harris and Canevaro's
statements.
Council Member Torliatt commented. she would support sending a letter to the
State regarding the funding for the Old Adobe Fiesta; supported agendizing a
beautification ordinance; noted the Mobile Home Park issue will be discussed on
August 4, 2003; noted the Landscape .Assessment Districts will be discussed on
July 14, 2003; and stated her support for the .Petaluma Involved Neighbors who
are proposing an ordinance to address- long term parking of boats, trailers and
RV's.
In conclusion, Council Member Torliatt_ noted .the Gatti Park issue would be
discussed at the Recreation and Parks Committee. Meeting. on July 16, 2003 at 7
p.m. at Santa Rosa Junior College in the library They are seeking input on what
the park will look like.
Finally,. she noted an additional Closed Session regarding the Martine li and
Freitas property would be held on August 4, 2003. _
CITY MANAGER.COMMENTS
There were none.
8. PUBLIC HEARING .
A. Discussion and Consideration of (1) Approving a Charter
...
Amendment to Allow the City to Collect, a U ility Users Tax (U UT),
Subject to Voter Approval; (2) Appro~ing'an, Or,'dinan:ce Adopting a
UUT on he Use. of Gas and Electricity, Subject to Voter Approval;
and (3j Adopting.Resolutions Placing; the Charter Arnendrnenf and
Ordinance on the November 4, 2003 Ballot; (Rudnansky%Petersen)
1. Resolution Calling. and Giving Notice of,_ a .Special Municipal
Election to be Held on Tuesday, November 4, 2003 for a Charter
Amendment and Companion Measure Regarding d Utility Users'
Tax.
2. Resole?ion Requesting the Sonoma. County Board of Supervisors.
to .Consolidate a Special Election, for the City of Petaluma on
Vol. 39, Page 42 ~ ~ July 7, 2003
1 Tuesday., November 4,.2003 with any Other Election Held on the
2 Same Ddte in Territory Thaf is the Same or'is in Part the. Same;:.
3
4 3. Resolution Providing for the Filing ai` Arguments 'for Cify
5 Measures Submitted at the November 4~ 2003 Special Election.
6 ,
7 4. Resolution Authorizing, Submission ofi Written Arguments
8 Regarding the Charter :Amendment and Companion Measure
9 Regarding a Utili#y Users tax. ,(Optional)
10
11 5. Resolution. Directing the City Attorney fc~> Prep.gre an Impartial
12 Analysis of'fhe Ballot Measures to be Voted on at the fovember
13 :4',.2003 Special Election Regarding a 'U'tility Users Tax.
14
15 Rich Ru.dnansky, City Attorney, .gave a presentation on the: proposed
16 Charter Amendment.
17
18 Public Inpuf:
19
20 .Duane. Bellinger, Petaluma, addressed the: City Council noting he would
21 suggest using. the gasoline tax to b'uild' maintain grid take care of streets.
22 He stated his opposition to a, Utility Users Taxindicating h'e'feels it'wo:uld be
23 subsidizing automobiles by taxing people via a UUT to keep roads fixed,,
24
25 Heather- Hupp, Petaluma, addressed the City Council stating she is neutral
26 on the 'issue. She indicated d cross-town connector is not really needed
27 and the City should. use'the~money`to fix streets..
28 _ '
29 Riehard: Brawn; Petaluma,, addressed the :City Council commenting: on'the
30 State :deficit and .noted. California .is dead last in fiscal' responsibility. He:
31 stated he is annoyed' a~t the situatipn and would not support any new
32 taxes.
33
34 Mike. Zenone, Petaluma, addressed, the City Council and echoed Mr.
35 Brawn's carnmen.ts t.o some degree. He pointed out the UUT is the only
36 way to go and feels it would be ambiguous as to if the City could impose
37 a gas'tdx. He stated he doesn' f like the wording of "deleting" the .Charter
38 Secfion, but` would rather recommend, wording that would make an
39 exception to this section, He continued by recommending a cap of
40 $18.000 to .$22,00.0 a year for businesses. and furfhE~r indicated he feels it
41 would be . pro;blernatic t.o 'use the: word road "improvement" in the
42 language -yit should be more specifiic.
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44 Council Member T.orliatt commented on the statement that Petaluma h.as
45 the worst streets in the County and indicated. that ~s not true and would'-
46 .like thatstatement in the ordinance changed: She :ques,tioned where: the
47 timeline and' costs. for' projec s will be included, .indicated ,this. could be:
48 seen as taxing ourselves to subsidize autos and scree-ts (as expressed by d
July 7, .2003 Vol. 39, Page 43
1 member ofi the public); and stated there is not good information on what
2 the cap will be and how that would affect the pot of monies available;
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4 City Council discussion ensued regarding requirements for the CARE
5 Program, the recommendation to amend the Charter language rather
6 than repealing it; the need to delete the statement fhdt Pefdluma has the
7 worst streets in Sonoma County (which is not true.); and whether it would
8 be prudent to list the street projects; timelines ~an'd costs in the measure
9 itself. .Discussion also ensued regarding the amount of the cap to be used.
10 for businesses, and fhe importance of the Citizens Advisory Committee
11 drafting the argument.
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13 City Manager Bierman commented. he can try to come up with a list of
14 the proposed. streets to be done, but would recommend not putting the
15 list in the ordinance.
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17 Council Member Carievaro concurred with the City Manager and added
18 the Citizens Advisory Committee could market the measure with the
19 community and the street information could be placed on the city's
20~ website for citizens to track.
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22 ~ Vice Mayor O'Brien commented the wording in the ordinance needs to
23 be changed to reflect "curb- to-curb repair" and make it clear it does not
.24 ~ apply to new construction. He also would like to see the Charter Section.
25 kept in tact, with an exception added to allow for the utility user tax on
26 .gas an'd' electric. He also supported a cap on the. tax for businesses so the
27 cost is no"t passed on to the public.
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29 Council Member Healy supported the Charter being amended, rather
30 'than a section being repealed, to allow for a UUT on gas and electric;
31 "supported a cap for businesses and asked. staff to get a best estimate;:
32 would recommend "curb-to-curb" wording be used instead of
33 '`impro,verrients," as welt as adding monies will not be used for new
34 construction; and direct staff to try to obtain information from PG8~E be
35 next week as to what the CARE Program is estimated to cost.
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37 ~ ~ Mayor Glass commented this is a #iscally prudent tax for the community.
3'8 _ .
39 The City Attorney clarified with the Council that the .proposed information
40°- would not be distributed to the Council until. Friday.
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42 Council. Member Moynihan indicated the- recommendation is a well
43 intended one, but to entirely repeal the Charter Section proposed would
44 not be well received in the public. He suggested spending money on
45 sfreets rather than using' the money to conduct a Special Election. He
::-4b went on to explain the importance of repairing the streets qnd indicated it
47 would be a hoax to take this tax measure to the public right now. He
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asked. that: he Council delay this item as there is no need to rush. to get-
this on the ballot.
Mayor Glass thanked the, Citizen'a Advisory Comrnttee for all their .hard
work and indicated b'y placing this measure on fhe ballot it would be
giving the community.. "the opportunity to fix fhe streets.
City Council .recessed ~at 8;35. a.m. #0 9:00 pm.
Lt was noted that Items 10:A and 1 O.B will b.e continued to the July
14, 2003 City Council Agenda for discussion.
9. UNFINISHED, BUSINESS
A. Ordinance ,2156 fV.C.S. Intr.,o~duction .('First Reading) .of Amendment
to the Cify of Petaluma's Campaign Finance Ordinance.
{,Rudnansky)
City Attorney Rich Rudndnsky gave a brief report on the proposed
changes "to the ordinance.
Public Input:
Bill. Phillips, Peta_luma., addressed. the. City Council regarding out=of-
town contributors and asked that the limit be set at $100.00.
Stan Gold; Petaluma, addressed fhe City .C°ou.ncil in su'pporfi of
public carripdign financing, as it 'was .supported ~by 63%: of 'the
voters in Santa Rosa:.He indica"ted that public find"racing provides
for a level playing field for all candidates. "
Dennis Teutsc.hel, Pefdluma, addressed the City Council,
questioning why fihe City Council:is even addressing this ssue::d•t this
time and stresse:d'there are more pressing issues f,or Council to deal
with.
.Elaine. Lucia, Petaluma;_ addressed the City Council,; indicating the
public~`is not clamoring to the chambers to change ;.the. ordinance
or to remove the public financing element. S_heasked that 'the
Council rethink the public financing aspect`,.
Diane Reilly-Torres, Petaluma, addressed .the City Council, asking
for the currenf ordinance to be`~ placed on the website. with. the
proposed :changes.." She added she feels. 'fhe "Code of Fair
Campaign Practices" hou d"be tossed, out ds no' one follows them.
anyway,. and asked "to receive d copy of the letter 'f,'rom FPPC
regarding potential conflicts of interest on b,enalf .of the Council
Members who have current.campaign account balances.,
July 7, 2003 Vol. 39, Page 4'S
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2 Clark Thompson, Petaluma, addressed the City Council; giving a
3 brief history of the campaign ordinance and. indicated he is not in
4 support of public financing.
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6 Peter Dunlap,. Petaluma, addressed the Council in support of public
7 financing.
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9 Heather Hupp, Petaluma,. addressed the City Council, questioning
10 why the City Council is mdking the decision about public financing
11 rather than a citize"n group or placing the issue on the ballot.
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13 Matt Maguire, Petaluma, addressed the City Council, indicating this
14 was not a poorly written law that was rushed through. He
15 commented the Council reviewed it thoroughly. He supported the
16 suggestion o.f the formation .of a citizen committee. He stated his
17 support for the public financing aspect and indicated it is a worthy
18 expenditure, which creates a level playing field. He concluded by
19 indicating his support fora four-year election cycle; a $25.00
20 reporting limit; inclusion of expanded, definition of extended credit;
21 and an aggregation of debt retirement.
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23 Dale Axelrod, Petaluma, addressed the City Council, indicating Phis
24 issue should be placed on the ballot for citizens to decide. He also
25 stated his support for public financing.
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27 Council Member .Healy stated his support of the recommendations
28 with regard to Debt Retirement Aggregation, supported a $25.00
29 reporting limit, supported the expanded; definition of extension. of
30 credit, and supported the language regarding election cycles that
31 referred to "per cify election cycle" as originally proposed on June
32 1 bt".
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34 City Council discussion .ensued regarding the election cycle
35 language..
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37 Council Member Moynihan commented on the changes being
38' proposed, and indicated the ordinance is now coming close to the
39 Santa Rosa version. He commented on various aspects of the
40 proposed ordinance.
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4.2 Council Member Moynihan made a MOTIO V to introduce fhe
4'3 Ordinance identified as Exhibit A & B for the agenda Item 9.A with'
44 the following modifications:
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46 1.30.025(D). "Candidate'' means any person who is a candidate
47 for Mayor- or City Council for the City of Petaluma, including
Vol. 39, Page 46
July 7, 2003
1 incumbent Mayor or Council Members, appointed or elected,
2 whether or not: a cardida;te for reelection.
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4 1..30.030 ('A) 8~ (B). Change "Two Hundred Dollars ($200J~" fo '`Five
5 Hundred Dollars ($500J"
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7 Add the following 4 paragraphs:
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9 1:30.03:0 (CJ. Recall Elecfi,ons. The contribution limitationsse;t forth..
10 in subsec#ion .A above shall also apply to an,y comrni,ftee which
it collects contributions `for th:e purpose of making expenditures -n
12 support of or opposition to the :recall of a Mayor or City Council
13 Member, and to contributions received by such mayor or City
14 Council Member during a recall Election Cycle as defined in
15 Section 1:30:-035:
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17 1:30:03,0 (DJ Candidafes .Personal Funds. Thee provisions of this
18 section shall not apply to cr Candidafe's contribution of his: or her
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19 personal funds tb his or :her
owri controlled comrnitte,e,
20 Contributions: by th-e spouse. of d Candidate from such spouse's
21 separate property shalt be subjecf to the contribution limi ations set
22 forth in Subsection. A.
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24 1.30.035"(Dj,. Campaign Debt, Noahing in .this chaptershall prohibit
25 indebted candidates and/or their controlled~campaign committee
26 from soliciting and receiving funds fo pa,y otf their campaign deb
27 in accordance with the provisions o.f Section 1..30,03.0, offer the end .
28 of the. Election Cycles defined`above.
1.30.080 Section 2. The City shall reimburse the Office of the Distric#
,Attorney for all expenses',incurred in ,enforcing Chapter 1.3 of th'e
Petaluma Municipal Code:
The MOTION was SECONDED'by Council, Nlernber Harris.
36 A brief discussion took place regarding the proposed changes, by
37 Council Member Moynihan, and then. Mayor Glass CALLED FOR. THE
38 " 'QU.ESTION'. T,h°e :Call.. for the Question 'Motion was SEC:O,NDED. by
39 Council 'Member Torliatt:
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41 The MOTION to. Gall for the Question CA`RRhEG by the following vote:
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43 AYES: Canevaro, H_egly, Mayor Glass and Torliatt
44 NOES: Harris, O"Brien and Moynihan
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46 The original MOTION' by Council Member Moynihan and seconded
47 by Council Member 'Harris was voted upon and CARRIED by the
48 following vote:
July 7, 2003 Vol. 39-, Page 47
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2 AYES: Harris, Cgnevaro; O'Brien and Moynihan..
3 NOES: Healy, Mayor Glass and Torliatt
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5 The City Council recessed at 10 p. m. to 10:10 p.m..
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9 10. NfW BUSINESS
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11 A. Discussion and Possible Direction on Cross-Town Mobility
12 Enhancennent Options for Inclusion in General Plan 2004-2025
13 Alternative analysis. (Tuft) This item was continued fo fhe July 14;
14 2003 `City Council Agenda.
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16 B. Discussion Regarding, Composition of and Upcoming Appointments
17 to the Cify of Petaluma's Various Boards, Committees and
18 Commission. This item was continued #o fhe July 14; 2003 City
19 Council Agenda.
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21 C. Presentation by Proposers of ,Proposals for the Franchise Agreement
22 for the Grant of an Exclusive .Right to Provide Services for the
23 Collection of Solid. Waste> Recyclable Materials and :Yard Trimmings
24 Within the City of Petaluma. (Sklgdzien)
25 "
26 The City Manager explained how the presentations would take place Phis,
27 evening, which would be by alphabetical order. Ne furthe"r explained
28 that there would be no Gity Council decisions made with regard to this
29 issue tonight.
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31 Empire: Waste AAanagenient
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33 Jim Lgnda and Marissa Miller;. Public Education Coordinator made a brief
34 presentation. -
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3°6 North_B'ay Corporation
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38 Clay Clement and Mr. Pallat made a brief presentation.
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40 IVorcal Waste & Marin Sanitary
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42 Mike Sacocciamo and Joe Garbarino made a brief presentation.
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44 Public Input:
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46 Jane Bender, Santa Rosa Council Member, addressed the. City Council,
47 indicating the transition period when North Bay Corporation took over in
48 Santa Rosa. has been wonderful and they have provided great service:.
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She indicated. labor issues were important for Santa Rosa and it has been
working smoothly.
Clark Thompson, Petaluma, addressed' the City Council, indicating he is
sure all three haulers would be satisfactory. He indicated'. it is important to
see what they are.going to do with the garbage when it is picked up.
ADJ'.OURN
The meeting was adjourned at 1 1;05 p.m. to Monday, July 14, 2003.
David Glass, Mayor
ATTEST:
G yle P t rsen; City Clerk .
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t.