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HomeMy WebLinkAboutCity Council Minutes 07/16/2012 July 16, 2012 Vol. 46, Page 75 (C''I °4 City of Petaluma, California 44/ MEETING OF THE CITY COUNCIL rs5a 1 City Council Minutes 2 Monddy, July 16, 2012 3 Regular Meeting 4 5 6 7 MONDAY, JULY 16, 2012 8 CLOSED SESSION -5:30 P.M. 9 10 11 CALL TO ORDER - CLOSED SESSION 12 13 A. Roll Call 14 15 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 16 Mike Healy; Gabe Kearney; Tiffany Renee 17 Absent: None 18 19 CLOSED SESSION 20 21 • CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Subdivision (a) of California Government 22 Code Section 54956.9:Baywood, LLC, vs. City of Petaluma, et al., Sonoma County Superior Court No. 23 SCV 243426. 24 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government 25 Code Section 54956.9: City of Petaluma, Appellants v. County of Sonoma, Respondents, et al. Court of 26 Appeal, First Appellate District, Case No. A134559. - AddecLwith.Ag-endwRevf�;o Nlo: 1 - 27 T uu-yday,July 12, 2012. 28 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to California Government Code Section 54957 29 -Title: City Attorney. - Added wLthvAgevulaRevi4tiowNo 1 - 7Tuursduy,July 12, 2012. 30 • PUBLIC EMPLOYEE PERFORMANCE.EVALUATION: Pursuant to California Government Code Section 54957 31 -Title: City Clerk. 32 33 PUBLIC COMMENT ON CLOSED SESSION ITEMS 34 35 None. 36 37 ADJOURN TO CLOSED SESSION 38 .39 40 41 42 43 44 Vol. 46, Page 76 July 16, 2012 1 MONDAY, JULY 16, 2012 2 EVENING SESSION -7:00 P.M. 3 4 5 CALL TO ORDER - EVENING SESSION 6 7 A. Roll Call 8 9 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 10 Mike Healy; Gabe Kearney; Tiffany Renee 11 Absent: None 12 13 B. Pledge of Allegiance 14 15 Dan Drummond, Sonoma County Tax Payers' Association, Petaluma 16 17 C. Moment of Silence 18 19 AGENDA CHANGES AND DELETIONS (To Current Agenda Only) 20 21 Mayor Glass 22 23 City Manager Brown 24 25 Mayor Glass 26 27 Item 6.A, PUBLIC HEARING- Weed Abatement, was moved up to be heard next; NEW BUSINESS 28 Item 5.B, Trestle Rehabilitation was removed from the agenda and will return on September 10, 29 2012; the remaining items in 5. NEW BUSINESS were moved to be heard before the items in 4. 30 UNFINISHED BUSINESS. 31 32 6. PUBLIC HEARING 33 34 A. Resolution 2012-111 N.C.S. Ordering Abatement of Nuisances Consisting of Weeds 35 Growing Upon Public and Private Property in the City of Petaluma and Ordering 36 the Fire Department to Abate Said Weeds by Contract it Property Owners Fail to 37 Do So. (Fergus) 38 39 Mayor Glass opened the PUBLIC HEARING. 40 41 Seeing no persons wishing to speak, Mayor Glass closed the PUBLIC HEARING. 42 43 Motion: Approve A. Resolution 2012-111 N.C.S. Ordering Abatement of 44 Nuisances Consisting of Weeds Growing Upon Public and Private Property in the 45 City of Petaluma and Ordering the Fire Department to Abate Said Weeds by 46 Contract if Property Owners Fail to Do So. 47 48 Moved by Mike Healy, seconded by Chris Albertson. 49 50 Vote: Motion carried 7-0. 51 52 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; July 16, 2012 Vol. 46, Page 77 1 Mike Healy; Gabe Kearney; Tiffany Renee 2 No: None 3 Absent: None 4 Abstain: None 5 6 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 7 8 None. 9 10 GENERAL PUBLIC COMMENT 11 12 Katherine Bobrowski, Petaluma, spoke about problems at the mobile home park where she lives. 13 14 COUNCIL COMMENT 15 16 Council Member Harris 17 18 Council Member Healy 19 20 Vice Mayor Renee 21 22 Council Member Barrett 23 24 Council Member Kearney 25 26 City Manager Brown 27 28 Council Member Kearney 29 30 Mayor Glass 31 32 CITY MANAGER COMMENT 33 34 City Manager Brown 35 36 Mayor Glass 37 38 Mayor Glass 39 40 Council Member Albertson 41 42 1. APPROVAL OF MINUTES 43 44 A. Approval of Minutes of Regular City Council Meeting of Monday, June 18, 2012. 45 46 Motion: Approve A. Regular City Council Meeting of Monday, June 18, 2012, auk 47 p re4e nted: 48 49 Moved by Teresa Barrett, seconded by Tiffany Renee. 50 51 Vice Mayor Renee 52 Vol. 46, Page 78 July 16, 2012 1 City Manager Brown 2 3 Council Member Healy 4 5 Mayor Glass 6 7 Vote: Motion carried 7-0. 8 9 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 10 Mike Healy; Gabe Kearney; Tiffany Renee 11 No: None 12 Absent: None 13 Abstain: None 14 15 B. Approval of Minutes of Special City Council Meeting of Monday, June 25, 2012. 16 17 Motion: Approve B. Minutes of Special City Council Meeting of Monday, June 25, 18 2012, ay p reyentecl 19 20 Moved by Gabe Kearney, seconded by Teresa Barrett. 21 22 Vote: Motion carried 7-0. 23 24 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 25 Mike Healy: Gabe Kearney; Tiffany Renee 26 No: None 27 Absent: None 28 Abstain: None 29 30 2. APPROVAL OF REVISED PROPOSED AGENDA 31 32 A. Approval of Revised Proposed Agenda for Regular City Council Meeting of 33 Monday, August 6, 2012. - RevLaio-vvNo 1 - Thursday,July 12, 2012. 34 35 Mayor Glass asked that for the August 6, 2012 City Council Meeting only, 36 PRESENTATIONS, PROCLAMATIONS, GENERAL PUBLIC COMMENT, COUNCIL 37 COMMENT, and CITY MANAGER COMMENT be moved to the end of the meeting. 38 39 City Manager Brown asked that the Successor Agency Amended and Restated 40 Cooperative Agreement with City, which had been removed for the tentative 41 agenda, be reinstated pending confirmation from Redevelopment Manager 42 Ingrid Alverde that the item was not needed. 43 44 City Clerk Cooper 45 46 City Manager Brown 47 48 Motion: Approve A. Revised.Proposed Agenda for Regular City Council Meeting 49 of Monday, August 6, 2012, awamended to-move,F? ESENTATIONS, 50 PROCLAMATIONS, GENERAL PUBLIC COMMENT, COUNCIL COMMENT, 51 and/CITY MANAGER COMMENT to-the/encl of the/meettno; anal.to-add. July 16, 2012 Vol. 46, Page 79 1 theSu-ccebbor Agency A mended,a,n.chReistatecbCooperatweAgreement 2 wLth.CWy. 3 4 Moved by Gabe Kearney, seconded by David Glass. 5 6 Vote: Motion carried 7-0. 7 8 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 9 Mike Healy; Gabe Kearney; Tiffany Renee 10 No: None 11 Absent: None 12 Abstain: None 13 14 Vice Mayor Renee asked that the Investment Policy be added to the August 27, 15 2012 Special City Council Meeting and Council concurred. 16 17 City Manager Brown 18 19 3. CONSENT CALENDAR 20 21 No CONSENT CALENDAR items on this agenda. 22 23 5. NEW BUSINESS 24 25 A. Resolution 2012-112 N.C.S. Ratification of the Memorandum of Understanding 26 Executed by the City and the International Association of Firefighters, Local 1415, 27 for Employees of Unit 7. (Brown/Stephens) 28 29 Human Resources Manager Pamala Stephens 30 31 Mayor Glass 32 33 Council Member Albertson 34 35 Motion: approve A. Resolution 2012-112 N.C.S. Ratification of the Memorandum of 36 Understanding Executed by the City and the International Association of 37 Firefighters, Local 1415, for Employees of Unit 7. (Brown/Stephens) 38 39 Moved by Gabe Kearney, seconded by Tiffany Renee. 40 41 Vote: Motion carried 7-0. 42 43 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 44 Mike Healy; Gabe Kearney; Tiffany Renee 45 No: None 46 Absent: None 47 Abstain: None 48 49 B. Reso - •_ .•50 Rehobilitotion-R e}ect e-s - - - - -- • - • - - - • - - - he Trestle 51 S4ruc10 t rw+re4 - T1'u%K Ltevw wad removed/from.the,a d e,n da' 52 a.nd.wab return,at the/September 10, 2012 City CocuticLV Meet-Ling: Vol. 46, Page 80 July 16, 2012 1 2 Mayor Glass 3 4 C. Resolution 2012-113 N.C.S. Authorizing the City Manager to Execute Amendment 5 No. 2 to the Professional Services Agreement for Design Services for Recycled 6 Water Pump Station Main and No. 1 Improvements. (St. John/Gothard) 7 8 Director of Public Works and Utilities Dan St. John 9 10 Council Member Healy 11 12 Director St. John 13 14 Council Member Barrett 15 16 Director St. John 17 18 Council Member Barrett 19 20 Director St. John 21 22 Vice Mayor Renee 23 24 Director St. John 25 26 Vice Mayor Renee 27 28 Director St. John 29 30 Mayor Glass 31 32 Motion: Approve C. Resolution 2012-113 N.C.S. Authorizing the City Manager to 33 Execute Amendment No. 2 to the Professional Services Agreement for Design 34 Services for Recycled Water Pump Station Main and No. 1 Improvements. 35 36 1Mayor Glass opened Public Comment on Item S.C. 37 38 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 39 S.C. 40 41 Vote: Motion carried 7-0. 42 43 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 44 Mike Healy; Gabe Kearney; Tiffany Renee 45 No: None 46 Absent: None 47 Abstain: None 48 49 4. UNFINISHED BUSINESS 50 51 A. Resolution 2012-114 N.C.S. Ordering the Submission to the Qualified Electors of 52 the City of an Ordinance to Impose an Annual Parcel Tax on Parcel Owners in the July 16. 2012 Vol. 46, Page 81 1 City of Petaluma to Fund Specified Park and Recreation Facilities and Programs in 2 the City of Petaluma at the General Municipal Election to Be Held on Tuesday, 3 November 6, 2012, Requesting the Sonoma County Board of Supervisors to 4 Consolidate Said Election with the November 6, 2012 Statewide General Election 5 and Providing For Submission of Ballot Arguments and Rebuttals. (Danly/Cooper) 6 7 Mayor Glass 8 9 City Attorney Danly 10 11 Mayor Glass opened Public Comment on Item 4.A. 12 13 Carol Eber, Petaluma, Petaluma Friends of Recreation (PFOR), discussed the 14 benefits of the parcel tax initiative and thanked the Council for their support. 15 16 Kathy Miller, Petaluma, PFOR, discussed the benefits of the parcel tax initiative. 17 18 Mark Ferguson, Petaluma, PFOR, thanked the community, Council and City Staff 19 for their help and support towards the tax initiative. 20 21 Kevin McDonald, Petaluma, PFOR, thanked the Council for their support and 22 encouragement for the tax initiative. 23 24 Andy Eber, Petaluma, PFOR, thanked the Council for their support towards the tax 25 initiative. 26 27 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 28 on Item 4.A. 29 30 Council Member Kearney 31 32 Motion: Approve A. Resolution 2012-114 N.C.S. Ordering the Submission to the 33 Qualified Electors of the City of an Ordinance to Impose an Annual Parcel Tax on 34 Parcel Owners in the City of Petaluma to Fund Specified Park and Recreation 35 Facilities and Programs in the City of Petaluma at the General Municipal Election 36 to Be Held on Tuesday, November 6, 2012, Requesting the Sonoma County Board 37 of Supervisors to Consolidate Said Election with the November 6, 2012 Statewide 38 General Election and Providing For Submission of Ballot Arguments and Rebuttals. 39 40 Moved by Gabe Kearney, seconded by Teresa Barrett. 41 42 Council Member Barrett 43 44 Mayor Glass 45 46 Vice Mayor Renee 47 48 Council Member Healy 49 50 Council Member Albertson 51 52 Council Member Harris • Vol. 46, Page 82 July 16, 2012 1 2 Mayor Glass 3 4 City Attorney Danly explained that he had revised the ballot question, with the 5 concurrence of the proponents, to conform to the 75-word limit imposed by the 6 Registrar of Voters. 7 8 Vice Mayor Renee 9 10 City Attorney Danly 11 12 Vice Mayor Renee 13 14 Mayor Glass 15 16 Ms. Eber 17 18 City Attorney Danly 19 20 Mayor Glass 21 22 Amend Motion: Approve A. Resolution 2012-114 N.C.S. Ordering the Submission to 23 the Qualified Electors of the City of an Ordinance to Impose an Annual Parcel Tax 24 on Parcel Owners in the City of Petalumd to Fund Specified Park and Recreation 25 Facilities and Programs in the City of Petaluma at the General Municipal Election 26 to Be Held on Tuesday, November 6, 2012, Requesting the Sonoma County Board 27 of Supervisors to Consolidate Said Election with the November 6, 2012 Statewide 28 General Election and Providing For Submission of Ballot Arguments and Rebuttals, 29 as amended to revise the ballot question to read: 30 31 "Shall the City of Petaluma ordinance enhancing specific park and recreation 32 projects, making trail/field safety improvements and playgrounds more 33 accessible, repairing/replacing outdated, deteriorating facilities, and establishing 34 new recreational opportunities by levying a fifteen:year parcel tax of$52 35 annually for single-family homes; with specified amounts for multi-family and other • 36 properties; exemptions for seniors and others, with resulting revenue remaining 37 local (exempt from state use), annual audits, and oversight by an independent 38 citizens' committee, be adopted?" 39 40 Moved by Gabe Kearney, seconded by Teresa Barrett. 41 42 Vote: Motion carried 7-0. 43 44 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 45 Mike Healy; Gabe Kearney; Tiffany Renee 46 No: None 47 Absent: None 48 Abstain: None 49 50 B. Consideration of a Sales Tax Increase Measure on the November 2012 Ballot. 51 (Brown) - Rev C4ect,an &Staff Report ProvLdediwith'A4en.d.ai Rev t&iov� 52 No- t - Thursday,July 12, 2012. July 16, 2012 Vol. 46, Page 83 1 2 City Manager Brown 3 4 Public Comment on Item 4. B 5 6 Dan Drummond, Executive Director, Sonoma County Taxpayers Association, 7 cleared up some misconceptions that he felt were occurring in regards to the 8 Association. He encouraged the Council not to move forward with the sales tax 9 proposal. 10 11 Mayor Glass 12 13 Vice Mayor Renee 14 15 Mayor Glass 16 17 Council Member Healy 18 19 Mayor Glass 20 21 Council Member Albertson 22 23 Mayor Glass 24 25 Council Member Albertson 26 27 Council Member Harris 28 29 Council Member Kearney 30 31 Council Member Barrett 32 33 Mayor Glass 34 35 Vice Mayor Renee 36 37 Mayor Glass 38 39 Council Member Healy 40 41 Vice Mayor Renee 42 43 Mayor Glass 44 45 Vice Mayor Renee 46 47 Council Member Healy 48 49 Council Member Albertson 50 51 Council Member Kearney 52 Vol. 46, Page 84 July 16, 2012 1 Mayor Glass 2 3 City Attorney Danly 4 5 Mayor Glass 6 7 City Manager Brown 8 9 Mayor Glass 10 11 Vice Mayor Renee 12 13 Council direction to staff to continue research on the possibility of placing a sales 14 tax measure on the November 6, 2012 ballot; item to return at the August 6, 2012 15 Regular City Council Meeting. 16 17 CLOSED SESSION 18 19 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government 20 Code Section 54956.9: City of Petaluma, Appellants v. County of Sonoma, Respondents, et al.Court of 21 Appeal, First Appellate District, Case No. A134559. - Addec/withAg.en.d.ai 12evC4.LonNo: 1 - 22 Thwr day,July 12, 2012. 23 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to California Government Code Section 54957 24 -Title: City Attorney. - Added wall/A0-evtdai l?evL+to-wNo 1 - Thursday,July 12, 2012. 25 • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to California Government Code Section 54957 26 -Title: City Clerk. 27 28 PUBLIC COMMENT ON CLOSED SESSION ITEMS 29 30 None. 31 32 RETURN TO CLOSED SESSION 33 34 REPORT OUT OF CLOSED SESSION (Actions Taken) 35 36 None. 37 38 ADJOURN 39 40 The meeting was adjourned at 10:20 p.m. 41 42 43 44 45 46 • // 47 48 49 l 50 David Glass, Mayor 51 52 July 16, 2012 Vol. 46, Page 85 1 2 3 ATTEST: 4 5 8 Claire Cooper, CMC, City Clerk , 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52