HomeMy WebLinkAboutCity Council Minutes 04/28/2003April 28, 2003 Vol: 38, Page 459
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a ~ City of'Petalur~a, Calif®~~a
REGULAR MEETING
~s5$ ' OF THE PETALUMA CITY COUNCIL
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3 Cify Council Meeting Minutes
4 Monday; April 28, 2003 -°.5:00 P.M.
5 Regular Meeting
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7 5:00 p.m. - CITYCOUNCIL CLOSED SESSION
8
9 CALL TO ORDER
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11 A. Roll Call
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13 Present: .Members Canevaro, Harris, Healy, Moynihan, O'Brien,
14 Torliatt and' Mayor Glass
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16 PUBLIC COMMENT: ,Prior to adjournment into Closed Session, the public may
17 speak up to three minutes on items to be addressed in Closed Session.
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19 There was no. public comment.
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21 ADJOURN T.O CLOSED SESSION
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23 Council adjourned to Closed Session at 5:02'p.m.
24
25 Conference with Real Property Negotiator -Pursuant to Government
26 Code §54956.:8: Property: Two Parcels Located on the 4000 Block of
27 Lakeville Highway (APNs 01:7=170-002 and 068-010-026). O,ne Parcel
28 Located Southwest of the City's Oxidation Ponds (APN 019-330-009). A
29 Small Portion of One Parcel Located at 3880 Cypress Drive (APN 005-090-
30 062). Negotiating Party: Michael Bierman/Michael. Ban: Unde"r
31 Negotiation: Price, Terms or Payment, or:Both.
32
33 Conference with Legal Counsel - Exisfing Litigation Pursuant to
34 Government Code §54956.9(a): City of Petaluma vs. Moynihan, Sonoma
35 County Superior Court Case No. 228276.
36
37 Conference with Real Property Negotiator -Pursuant to Government
38 Code §54956.8. Property: Kenilworth: School Property Located at 998 E.
39 Washington Street. Agency Negotiator: Michael .Bierman., Negotiating
40 Parties: City of Petaluma and Petaluma School District. U.nd,er
41 Negotiation: Price and Terms.
Voi. 38, Page 460
April 28, 2003
1 6100 P.M. -..CITY COUNCIL MEETING
2
3 CALL ,TO ORDfR
4
5 A. ROIL Call
6
7 Members Harris, Cdnevaro, Healy, O'Brien, Mayor Glass, Torliatt, Moynihan
B. Pledge of:Allegance
l l C. Moment of Silence .
12
13 PU~B~LIC COMMENT
14
15 lee Olaeta,; Petaluma, addressed the City Council regarding the roundabouf at
1.6 Corona :Road and Sonoma Mountain Parkway. He irdi:cai~ed big rig trucks:
17 cannof;go through it and: is concerned. if emergency vehicles would b.e dble fo
18 maneuver it, as well. He asked, since the roundab:ouf is nc>f completely-finished,
19 if the City can make changes. to it as it doesn''t work and it was poorly designed..
21 Bill Hammerman; Petdluma, add`ress'ed °tfle-City Council regarding an Argus-
22 Courier editorial Last Wednesday. He indicafed fhe Butter and Egg Dray Fesfivities
23 were d chance to;cdfch up-with ofd friends and neigfl_bors. He also commented
24 on the Pet.alum'a River Clean-Up Day~Sunday. In conclusion, he remarked-that
25 there was no mention of .April 12i" being the City's anniversary of incorporation in
26 1858. He suggested ~to the Council that they app.oinf a citizens committee to
27 make plans fior the City's sesquicentenna(celebratio.n in five years.
28
29 REPORT OUT OF CLOSED SESSION: ACTIONS TAKEN -There was no reportable. .
30 action taken.
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32 CITY COUNCIL COMMffVTS
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34 Council Member Torliatt commented on the various events that° happened over
35 the weekend, including the _Bufter 8~ Egg'Day Events; the'River Clean-Up, and the
36 Airport exhibifi.
37
38 Council Member T9rligtt also gave a;report on the Water 8, Larid 'lJse Spring
39 Assembly Conference, ABAG Response'Panel, where Water 8~ Land Use
40 Legislation was discussed..
41
42 Vice Mayor O'Brien commented on the Bufter & Egg Day f=estivifies'and:
43 indicated he is supportive of the idea of forming a citizen. committeeto plan for
44 the City's 150'" anniversary celebration.
45
46 Council Member Moynihan indicated he agreed with Vice Mayor O'Brien's
47 comments and additionally requested the' Gouneif Meeting be adjourned in
.48 memory of Don, Karism'a.
April 28', .2003 Vol. 38, Page 461
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Mayor Glass commented on having aftende_ d the weekend `festivities; as well as
the Qowntown Antique Faire on Sunday. He indicated further that he had
spoken with members of the film industry regarding tfle Hisfbric Museum and
noted their concern with the proposal of trees to be planted in the front. He
indicated tr""ees iri front of th'e museum would beproblematic for filming at that
location. _
Council:Mernber_H~ealy commented on a meeting he attended earlier regarding
water negotiations'and water allocations'for hunting licenses. With regard to Mr.
Olaeta's comments, he indicated the roundabout had been engineered for
anticipated truck traffic and fire engines. He requested a report from staff
'regarding the issue.
Mayor Glass confirmed with the City Manager thdf the issue of Development
Impact Fees will be coming forward for Council consideration in a couple of
months.
Council Member Canevaro commented on the, recent Bicycle Committee
Meeting and indicated the use of TDA Funds is stilt being discussed.
Couricil Member'Moynihan reported on the recent Recreation, Music, and Pq_rks
Commission Meeting, and indicated the Parke Master Plan is nearing, completion.
In addition, he:reported that the Library Commission is moving forward with
facility improvements; including their meeting room and HVAC system.
CITY-;MANAGER COMMENTS
The City Manager announced that the May 19, 2003 City Council Regular
Meeting has been ,cancelled.
l.. UNFINISHED BUSINESS
A. Consideration and Discussion of Recommendations from Citizens
Advisory Committee on .Street Improvements. (Continued from
April 7, 2003) (Skladzien)
Mark Albertson, Committee Chair, gave an overview and
presentation bf the recommendations from the Citizens Advisory
Committee.
Mike . Bierman, ~ City Manager, commented on those
recommendations that staff could upport.
Public Input
Richard Brawn; Petaluma, addressed the City Council and
congrdtulated them.-for addressing the issue of roads. He indicated
Vol. 38, Page 462
April 28, 2003
1 we are- facing an economic disaster with regard to our
2 infrastructure in the City.. He continued. Icy stating. the City is
3 responsible for deferring maintenance on the roads, which has
4 created this'situa ion. He saaae'd he could nat support taxes for the
5 - irnp.rovernent of roads and there should be an alignment of
6 spending with-the revenues available. He urged the City Council to
7 identify what the .core responsibilities of the .City are, determine if
8 they :are: adequate, :and then quantify what t~hq# means. ih terms of
9 dollars. He mdicat.ed he would like the Council' to hold'~heari,ngs>
10 change -the .definition of what constitutes ''welfare`' operations,
11 :and. to stop the diversion of money and use it :for the core needs.
12
13 lee Olaeta, Petaluma,; addressed. the Gity Council :,regarding
14 concerns with the reconstruction of`Payran Street and the need, for
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15 good plannipg.
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17 ,Pierre Miramont, Petaluma, addressed the- City Council .regarding.
18 potholes on City streets and presented T-Shirts_ to each Council
19 member. -
20 -
21 Council Member'. Healy corximen.ted on fhe need to surve.,y ffe _
22 scene in Sdcramento..and continue to move forward- with the
23 ~'
budget process. and s#reet issues. He added that sidewalks are the ,
24 property owner's responsibility.; He also commented that he ~ -
25 doesn't expect crowning of the streets to bemuch of an issue.,. but,
26 urged staff to look at any interests of seating,v.p.assessment districts;
27 which could include the undergrounding of utilities~in.some°~areas.
28
29 Council Member Healy complimented the Advisory Comrnitte,e for
30 their hard work and indicated. this is anoi-her step forward' and
31 provides d.:good road map for Council in the future,.
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33 Council Member Harris thanked the Committee and indicated the
34 report was thorough and comprehensive. Regarding a proposed
35 tax. measure, he feels this would be the first step fo accepting an
36 action plan.
37
38 Council Member Caneuaro indicafed he was supportive of staff's
39 recommendations and would support .having a special session of
40 the City Council to discuss budgeting.
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42 Vice Mayor O'Brien thanked the Committee and the City Manager
43 for their recommendations. He indicated,: he was amazed at the
44 amount of work that is getting done,, He stated things can't be
45 fixed overnight;. bu:t this is, a .giant step fiorward: ,He expressed there
46 is a rie'ed t.o look of a tax measure; but the trus;f of fhe people
47 needs to be gained first:
48
April 28', 2003 - Vol. 38; Fa~ge 4;63
1 ~ Co.uncil Member Moynihan co`mmente:d the Committee has done
2 good work: He indicated he 'sees a problem with. the proposed
3 .approach. He added that City bureaucracy can sometimes cause
4 you to lose sight of the goal. He indicated to accomplish .the goal
5 to fix streets, there'is a need for commitment to street maintenance
6 and reconstruction programs. He added the recommendation
7 doesn`t'.a,dd up to-the $3.2NI do lags the Council has committ,e'd to.
8 He continued by indicating, in order to accomplish the goals, there
9 is a need to be more precise and follow it up with. a budget. He
10 .would Pike fo see the City use other funds. to accomplish the streets
11 issue without a fax measure. He commented on the use of
12 Redevelopment Agen`ey monies in the past and indicated there
13 have been instances where the City was able to make findings that
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14 .work: ouf"side the redevelopment district can qualify for funding if
15 the district would benefit. He concluded by stressing the need for
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16 a good `implementation plan, ,
17 - ~ ~ '
18 ~ City Manager Bierman commented the proposed budget
19 -~ .do'cument would give a good start to, street maintenance and
20 ~. capital projects. He stressed the need to baldnce t'he City's
21 resources.
22 ~~
23 Council Member Torliatt commented' on the condition of Payran
24 Sfreet, ndcafing the rating of the street changes from segment to
25 segment,, She commended the Committee for doing such a great
26 job. and assured them they will see results next month at the budget
27 hearings, She added., the Council will continue to fund the pothole
28 maintenance program and expressed a desire to have staff
29 address truck.,routes throughout the City. She commented briefly
30 on landscape f dssessrnenf districts that are done now and
31 indicated' she would be supportive of looking into maintenance
32 assessment districts, which would give neighborhoods d tool to
33 _ address their own issues.
34
'35 With regard to sidewalk repairs, Council Member Torliatt
36 commented on the role unrepaired sidewalks play in litigation -and
37 liability.
38
39 She continued by commenting on the MTC Surface Transportation
40 Progr..am and the ability to get funding;. as well as the Regional
41 Transportation Plan, where there is a need to focus on project for
42 grant funding in 04/05. She indicated there should be Prop. 42
43 dollars available in 2006.
44
45 In conclusion, Council Member Torliatt indicated this is d great
46 starting point and she agreed with staff's recommendations. She
Vol. 38, Page 464
April 28, 2003
1 indicated she would like to see. the proposed policies on :the
2 agenda sometime in June.
4 :Mayor Glass. remdrked he is riot in favor of rmore taxes;.. but
:,.
5 indicated.°f"rom ,his point of view,. the only way to accomplish fixing
6 the. streets ,is to come up wifh, revenue and a tax.. He commented
7 on spending City funds prudently and; the" need to stay within the
8 law wifih~ regard to Redevelopment Agency monies.
9
10 Ke indicated he accepts the recomrn'endations of the Committee;
11 as well as staff's: 'He conclude"d thaf this carving, year the Counci(
12 would find ou.t if the people will enable, the political 'body to fiX:the~
13 streets through upport ;of a measure regarding an~ increase in "sales
14 tax;. utility taxes, .or ;a;.pdreel tax. He str€~ssed the need for a
15 comprehensive plan. and stated `he. is leery of dipping into the
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16 theCity,. He would,. however, be willing ~to Ilook of
general funds of
17 a Higher tax to, keep the City's general. funds whole.
18
19. Ci#y Manager Bierman indicated that next -steps .wou d be for t;he
20 Cornmitt,ee to now finalize and formalize 'the recornmendato,ns;
21 The Council will begin `ta deal-~wifh th°e funding issues when they
22 consider the proposed 20Q3/Q4 fiscal year budget:
23
24 Council Member Healy thanked: Pierre 'Mirarnont~ and his group for
25 focusing o.n .the issue.. He indicated the. City's; resources are limited,.
26 but th.e Council will be moving forward to address th'e is"sues..
27 -,
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28 Council' Member Moynihan commented on° how the "Pothole
29 Patrol'' :has done a 'large service `to the community. He added
30 .street mdinfenance has bee'ii paid .from the general fund, but has
31 been. given a low priority. He' stressed the people want "the streets
3"2 fixed and `they cire looking to the City Council to use current funds
33 to do so. He commented on the need 'to limit expenditures to
34 address the street issues and' to say we would need to 'tax. the
35 people of Petaluma to fix,streets is not' fair:
36
37 Council Member Torliatt added" that perhaps° when Council is
3'8 reviewing funding sources, perhaps the commuriify should be
39 asked to. rate where their priorities are, e.g., the. importance of
_40 police and fire:.. She cgncluded by stating there is a need to work
41 together°as a cornmunity~ '
42
43 Vice Mayor O'Brien commented fh`ere is a .need to look at the big
44 picture -public; safety, sewer and water` are priorities for this.
45 community.
46
April 28, 2003 Vol. 38,'Page 46`5
1 There was no action: taken; •:on this matter. Formal
2 reco`mm'endations wilt be brought back' to: the ,Council of `a later
3 date.
4
5 The City Council took a recess at 7:30 p.m. to 7:40 p.m.
6 •
7 B: Discusson~and Consideration of City of Petalurna's Campaign
8 Finance Ordinance. (Rudnansky)
9
10 Mayon Glass read the rules regarding public: comment on agenda
11 items and fhe City Attorney: went over an explanation of options
12 available to the Council to discuss tf;is issue tonight.
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14 Several members of fhe public asked for copies of the staff report
15 _ ~ on-this item and the Council took a brief recess in order to allow the
16 ~ City CI`erk to make copies for the public's use.
17
18 Council recessed from 7:50 p.m. to 8:00 p.m.
19
20 INayor 'Glass, with the concurrence of Council, indicated the
21 Council would take pub.Jic.i.nput on-this issue at this time.
22
23 Public Input
24
25 Bill Phillips,. Petaluma, addressed the City Council regarding his
26 ~ supp•ort for.' a cap on campaign contributions from individuals and,
27 ._ shared ihformation on the. history of contributions made by
28 ~ _ developers over 'the years. He concluded by stating the City`s
29 ~ campaigns have largely been' influenced by businesses out of
'30 town.
31
32 Hank Flume Petaluma, addressed the Council regarding the
33 legislative intent of the City's ordinance. He supported .leaving the
34 ordinance as. is and, if anything, just tweaking the current language
35 to make it clearer in its intent.
3.6
37 Robert Breen, Petaluma, addressed the Council indicating he feels
38 it is wrong and unfair to use public funds'fior campaigns.
39
40 Janice Cader-Thompson, .Petaluma, addressed the City Council
4'1 expressing her opinion. that politics is corrupt. She also commented
42 on the amounts of money- developers give to campaigns and in
43 effect "buying" candidates. She stressed that if you want to have
44 a level playing field you need to have public financing available to
45 candidates:. She concluded ,by sfating it is sad when the elected
46 officials are not vested in the community and you get elected by
47 skirting the .truth.
Vol. 38, Page 466 ~ April 28, 2003
2 ..Jerry Price,: Petaluma, 'addressed.. the City Cc~uncii in support of fhe
3 public. matching funds portion of the City's ordinance... He urged
4 the Council to do what is right for Petaluma. -
5
6 Elaine L-u.cia, Petaluma; addressed the City Council in support of
7 campaign 'con'tributio'n' limits and public ,snatching funds. She
8 indicated these aspects should be. main#ained in the City`s
9 ordinance in order to encourage various members, of the
1.0 cornrnunityto runfor office,
„ .. :t
12 Louise Leff,. 'Petaluma, addressed the City Council; 'inquiring as to
13 why this: 'issue was brought forward now before 'the laws,ui;t with
14 Cou.neil Member Moynihan has been settled? She :expressed
15 concern that the.. campaign financing,issue is;,more .important than
16 funding thee. campaign .issues. Sh.e indicated she, would, supp,brt the
17 ;requ,iremen;t to report all p:olitic_al confributi~ns!~and u'rge.d the `City'
1.8 Council to not water--down the City's ordinance. ,
20 'Victor Chechdnover, Petaluma,. addressed tkae City Council, s;fating
21 fhe current ordinance..enables people: who don`t have- access ~to
22 big money from developers. to Have a chance at getting elected.
23 He urged the Council fo leave, the current City's Campaign
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24 Ordinance as is.
25
26 Stan, .Gold„ Petaluma, addressed the City C;'ov.ncil', indicating :the
27 citizens should be able °to choose their own qucilified candidates to
28 represent them.. He stated his. support. of public matching; funds and
29 indicated he sees this as a public, goad. He also commented on
3D contributions limits in Los. Angeles, `which are at $200:00 per
31 contributor and was genera ly supportive of `the proposed changes
32 to the efec;tio'n cycle fiming.
Cindy Thomas, Petaluma, addressed fhe Cfy Council in support of
maintaining the public. matching" funds aspect .of the ordinance.
She indicated. she could not have run. a viable campaign without
those public matching funds. She feels if this is eliminated it will
eliminate grassroots campaigns. She concluded by stating she did
not take any d:eYelop'er dollars during her campaign and none ofi
her campaign monies. financed any "hit" pieces..
42 Nancy ,Richards, Petaluma, addressed the City Council,
43 representing the League of Women Voters... She stated. their
44 disappointment that the Council is considering weakening the
45 ordinance. She added that, raising the contribuf'ion limit would- send
46 ~ the wrong message to the: community.
47
April 28, 2003 Vol. 38, Page -_467
1 David Libchtz, Petaluma, addressed th'e City Council and
2 indicated he feels that candidates are responsible for the
3 contributions rece:iyed. He also pointed ouf~ That he feels the
4 currently seated City Council persons who have balances in their
5 • campaign accounts may .have a potential conflict of interest and
6 should not be discussing and/or acting on this issue. If discussion
7 does take place, he would like each Council member to
8 announce the balance of his or her account.
'9
10 Connie .Madden, Petaluma, addressed the City Council in support
1'1 of the current City's ordinance as written. She would, however,
12 support a $100 cap on campaign contributions.
13
14 David Keller; Petaluma, addressed- the City Council, asking who is it
t5 ~ that they work for; the general public or your money sponsors? He
16 pointed ouf that the next election is not for some time and
17 questioned why this issue is being brought forward now and before
T8 the settlement of the. lawsuit against Council Member Moynihan?
19 He .feels to weaken the ordinance at this time would compromise
20 the City's position in the current lawsuit. He also added that
21 disclosure reports should be made available on-line as they are
22 filed. He concluded by stating f~the public supplies the money, the
23 public owns the candidate.
24
25 Matt Maguire, Petaluma; addressed the City Council, indicating he
26 feels Council Member Moynihan has a conflict of interest in
27 discussing tonight's item. He agreed, additionally, that any Council
28 Member who has a debt would have a conflict due to a material
29 financial interest. He pointed out developer related contributions
30 to Council Members Harris and Canevaro's accounts and
• 3~1 indicated the City's ordinance has flaws in that it has insufficient
32 penalties for those who violate it. He commented further on
33 election junk mail, indicated the election cycles section of the
34 ordinance should be .amended, and the Council should drop the
35 contribution limit fo $100 per contribution.
36
37 The City Council took a recess at 9:15 p.m. to 9:30 p.m.
38
39 The City Attorney, based on comments made regarding potential
40 conflicts of interests for those Council Members who had campaign
41 debts, recommended Council not discuss. any changes to the
42 ordinance that would be dealing with options regarding debt.
43
44 City Council discussion ensued as to whether or not to proceed
45 with discussion and/or giving any direction to the City Attorney this
46 evening, or deferring the discussion until the City Attorney could
47 issue an opinion regarding conflicts of interest.
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Vol. 38, Page 468
April 28, 2003
Although aorne Council Members were supportive of moving
forward with those issues that would not present a conflict of
interest, they were agreeable to deferring the entire discussion to
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the June.2, 2003 City Council meeting,
MOTION to continue this matter to the June 2, 2003 City Council Meeting:
M/S Harris and'Glass. CARRIED UNANIMOUSLY.
ADJOURN
The Ci y :Council ivleeting was adjourned a;t 9:40:'p,rn. to the next~regularly
scheduled meeting on May 5, 2003..
aw Glass, Mayor .
ATTEST: '
2 ~ ~~
Gdyle Pe rsen, City Clerk
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