HomeMy WebLinkAboutStaff Report 5.E 4/7/2014DATE: April 7, 2014
TO: Honorable Mayor and Members of the City Council
Agenda Item #5.9
FROM: Dan St.(a, . CE, Director of Public Works and Utilities
Curtis M. Bates, P.E. City Engineer
SUBJECT: Resolution Repealing and Updating Enabling Legislation for the Pedestrian and
Bicycle Advisory Committee
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Repealing and Updating
Enabling Legislation for the Pedestrian and Bicycle Advisory Committee.
BACKGROUND
At the Pedestrian and Bicycle Advisory Committee's (PBAC) February 1, 2012 meeting, the
committee members discussed the existing role of the PBAC and upon unanimous decision,
recommended the current PBAC enabling legislation as stated in Resolution 2008-221 N.C.S. be
updated and modified to reflect current roles and responsibilities. A draft of the updated enabling
legislation was produced at that time and placed on hold while the City focused on streamlining
and standardizing committee and commission procedures. At the February 5, 2014 PBAC
meeting, the committee, including new members since February 2012, again reviewed the
modified enabling legislation and recommended minor changes to the February 2012 draft
legislation. These changes are described in this staff report and have been incorporated in the
attached resolution for City Council consideration. The following summarizes the legislative
history of the PBAC.
On January 19, 1993 the City Council adopted Resolution 93-23 N.C.S. (Attachment 2), which
established the Petaluma Pedestrian and Bicycle Advisory Committee (PBAC or Committee).
The Resolution set out the mission, composition, duties and authorities of the committee. In
February 1995, the City Council adopted Resolution No. 95-39 N.C.S. (Attachment 3) which
modified the reporting authority and composition of the committee. In August 2001, the Council
acted via Resolution 2001-148 N.C.S. to revise the composition of the committee. In August of
2008, the committee's enabling legislation was again updated per Resolution 2008-154 N.C.S. to
clarify the terms, mission, duties and authority as well as add three additional members for a total
of ten, and set a quorum of seven needed to hold meetings. Subsequently, the committee
experienced difficulty in achieving a quorum at its meetings. Therefore, in December of 2008,
Agenda Revie
City AttorneyjU� Finance Director City Manager
the City Council updated the enabling legislation to reduce the number of members from ten to
nine, and reduce the necessary quorum from seven to five.
The PBAC committee members expressed concerns that the existing enabling legislation does
not adequately reflect all of the duties and responsibilities that the committee currently performs.
While the PBAC committee is an advisory recommending body and does not have approval
authority, their principle output are thoughtful recommendations prepared for the consideration
of the City's Planning Commission, City Council, and other governing bodies as may be
requested by those governing bodies. The substantive changes from Resolution No. 2008-221
N.C.S., by section, are:
Section 1. Repeal. No changes.
Section 2. Composition. No changes.
Section 3. Continuance of Current Terms. This section is amended to list the names of
incumbents filling positions on the Committee, and their current terms.
Section 4. Mission. The mission statement from the 2008-221 N.C.S. states that the mission of
the committee is "to develop bicycle and pedestrian projects and submit them for final adoption
by the Sonoma County Transportation Authority." This section is proposed to be updated as
follows: "The mission of the committee is to promote the creation, expansion, and maintenance
of a safe, comprehensive and integrated bicycle and pedestrian system for recreational users and
commuters throughout Petaluma."
Section 5. Duties/Authorities. This section contains a majority of the proposed modifications to
the enabling legislation. Currently, the committee's duties and authority include "...education,
public relations and fundraising relating to issues of importance to pedestrians and cyclist in the
Petaluma Community." The proposed enabling legislation includes the following duties:
o Reviewing development applications which are determined by City staff to
contain elements relevant to the Committee's mission and/or duties, providing
recommended conditions of approval to be reviewed by City staff for inclusion in
the staff documents to be submitted for consideration by City Council, Planning
Commission or other entitling body where appropriate. Subject to the
requirements of the Ralph M. Brown Act and other applicable law, members of
the Committee may appear before the City Council, the Planning Commission, or
other entitling body to testify about a proposed condition of approval or other
element of a development application;
o In coordination with City staff, committee's duties include identifying,
developing and seeking to implement local and regional bicycle and pedestrian
projects for approval by the City Council and outside agencies as required;
o Providing advice to the City Council on requested matters;
o Making presentations to City Council and other committees/commissions
concerning development applications and other matters of concern to the
Committee or requested by other committees;
o Assisting with fundraising for projects and programs, including writing letters of
support for City and/or County sponsored projects and grant applications for
projects as well as the works of other nonprofits and agencies that will benefit the
cycling and walking community;
o Recommending to the City Council priorities for upgrades ofbike/ped
infrastructure, facilities and improvements;
o Conducting outreach and educational activities to raise awareness and promote
safe bicycle handling and facilities use and pedestrian safety;
o Reviewing and commenting on proposed language for inclusion in updates to the
Bicycle/Ped Plan as part of the General Plan update process; and
o Time permitting, participating in events such as Walk and Roll to School, Bike to
Work days, and bike rodeos.
The Committee shall have other duties as may be prescribed by ordinance,
resolution, rule or direction of the Council. The Committee's duties do not include
oversight of Petaluma City staff or operations. The Committee has no authority to
employ any person or incur any expense or obligation without approval of the
City Council. The Committee shall have the right to establish such procedures and
regulations as it deems appropriate for the conduct of its meetings, the selection of
its officers and the performance of its functions, consistent with applicable law,
including all applicable City ordinances, regulations, rules and/or direction of the
City Council.
Section 6. Terms. No changes.
Section 7. Resignation/Removal. No changes.
Section 8. Vacancies. No changes.
Section 9. Quorum/Action. No changes.
Section 10. Staff. This section is modified to reflect the updated name of "Department of Public
Works and Utilities" which is the Department designated as the committee liaison.
Considerable effort and discussion went into the drafting of the first "bullet" under section 5
related to reviewing development applications. Staff had suggested that the committee could be
most effective by functioning in an advisory role to staff rather than by preparing an independent
set of recommended project approval conditions that are forwarded directly to the Planning
Department for inclusion with the Planning Commission or City Council package. The package
also contains recommended conditions prepared by staff from various reviewing departments.
Since no other advisory committee is in the practice of preparing an independent set of
comments, the current practice by PBAC is at best redundant to staffs responsibility and at
worst, confusing or conflicting with staff s recommendations. Therefore, PBAC concluded that
their time could be more effectively spent by providing staff clear recommendations,
documented in the PBAC minutes, for staff s use in preparing its review comments. Staff would
be honest to let PBAC know when a recommendation is valid and when one is not appropriate
and why. Staff expects the final result to be a better product and more efficient from a planning
process standpoint once PBAC's comments are discussed at a meeting, captured in the minutes,
and referred to by staff when completing the project review. This proposed practice may serve as
a model to other advisory committees without creating additional work load to planning staff or
confusion to the governing bodies.
Attached for the City Council's consideration are revisions to the resolution establishing the
Pedestrian and Bicycle Advisory Committee as recommended by PBAC and staff.
The proposed action meets Council Goal: "Build a cohesive team."
FINANCIAL IMPACTS
There are no net financial impacts associated with the recommended changes.
ATTACHMENTS
1. Resolution Repealing and Updating Enabling Legislation for the Pedestrian and Bicycle
Advisory Committee.
2. Resolution No. 93-23 NCS
3. Resolution No. 95-39 NCS
4. Resolution No. 2001-148 NCS
5. Resolution No. 2008-154 NCS
6. Resolution No. 2008-221 NCS
4
Attachment l
RESOLUTION REPEALING AND UPDATING ENABLING LEGISLATION FOR THE
PEDESTRIAN AND BICYCLE ADVISORY COMMITTEE
WHEREAS, the City Council created the Pedestrian and Bicycle Advisory Conunittee
("the Committee") on January 19, 1993, by adopting Resolution 98-123 N.C.S.; and
WHEREAS, from time to time the City Council has identified the responsibilities of the
Committee and appointed members to the Committee, including a member of the City Council,
Planning Commission and Parks and Recreation Commission as liaisons and voting members to
the Committee; and
WHEREAS, the City Council most recently updated the enabling legislation for the
Committee on December 1, 2008 by Resolution No. 2008-221 N.C. S.; and
WHEREAS, the City Council wishes to confirm the composition; amend the mission,
duties and authority of the Committee.
NOW THEREFORE, BE IT RESOLVED that:
1. Repeal. All previous resolutions relating to the City's Pedestrian and
Bicycle Advisory Committee ("Committee") are repealed and superseded by this
resolution to the extent that they contain provisions that conflict with this
resolution.
2. Composition. The Committee shall consist of nine (9) voting members, as
follows:
o Six (6) pedestrian bicyclist members shall be appointed by City Council
from the community at large. Members shall be current residents of the
City of Petaluma who have resided in Petaluma for at least one (1) year,
except for two (2) members, who may live outside City limits but in the
County of Sonoma.
o One (1) member of the Planning Commission, selected by the Planning
Commission, who shall serve as liaison between the Committee and the
Planning Commission.
One (1) member of the Recreation, Music, and Parks Commission,
selected by the Recreation, Music, and Parks Commission, who shall serve
as liaison between the Committee and the Recreation, Music, and Parks
Commission.
One (1) member of the City Council, selected by the City Council, who
shall serve as liaison between the Committee and the City Council.
3. Continuance of Current Terms. Subject to the terms of this resolution,
current members of the Committee shall continue to serve for the remainder of the
terms to which they have been appointed. The remaining members at large and
the expiration date of each term are:
Name
Term Ending
Allen, Alan
6/30/16
Asselmeier, Pamela
6/30/17
Hatheway; Melissa
6/30/16
Lofroos, Kit
6/30/15
Heidecke, Alena
6/30/15
Pallas, Mimi
6/30/15
The current liaisons are:
Name
Liaison From
Term
Miller, Kathy
City Council
2014
Richard Marzo
Planning Commission
2014
Alden, Dave
Recreation, Music, & Parks Commission
2014
4. Mission. The mission of the Committee is to promote the creation,
enhancement, expansion, and maintenance of a safe, comprehensive and
integrated bicycle and pedestrian system for recreational users and commuters
throughout Petaluma.
5. Duties/Authority. The Comrnittee is authorized and directed by the City Council
to carry out the duties and activities set forth herein. The Committee's duties include
applying the provisions of the General Plan adopted by the Council set forth in the
Bicycle and Pedestrian Plan dated May 2008.
The Conunittee's duties also include:
o Reviewing development applications which are determined by City staff to
contain elements relevant to the Committee's mission and/or duties, providing
recommended conditions of approval to be reviewed by City staff for inclusion in
the documents to be submitted for consideration by City Council, Planning
Commission or other entitling body. Subject to the requirement of the Ralph M.
Brown Act and other applicable law, members of the Committee may appear
before the City Council, the Planning Commission, or other entitling body to
testify about a proposed condition of approval or other element of a development
application;
o In coordination with City staff, committee's duties include identifying,
developing and seeking to implement local and regional bicycle and pedestrian
projects for approval by the City Council and outside agencies as required;
o Providing advice to the City Council on requested matters;
o Making presentations to City Council and other committees/commissions
concerning development applications and other matters of concern to the
Committee or requested by other committees;
o Assisting with fundraising for projects and programs, including writing letters of
support for City and/or County sponsored projects and grant applications for
projects as well as the works of other nonprofits and agencies that will benefit the
cycling and walking community;
o Recommending to the City Council priorities for upgrades ofbike/ped
infrastructure, facilities and improvements;
o Conducting outreach and educational activities to raise awareness and promote
safe bicycle handling and facilities use and pedestrian safety;
o Reviewing and commenting on proposed language for inclusion in updates to the
Bicycle/Ped Plan as part of the General Plan update process; and
o Time permitting, participating in events such as Walk and Roll to School, Bilre to
Work days, and bike rodeos.
The Committee shall have other duties as may be prescribed by ordinance,
resolution, rule or direction of the Council. The Committee's duties do not include
oversight of Petaluma City staff or operations. The Committee has no authority to
employ any person or incur any expense or obligation without approval of the
City Council. The Committee shall have the right to establish such procedures and
regulations as it deems appropriate for the conduct of its meetings, the selection of
its officers and the performance of its functions, consistent with applicable law,
including all applicable City ordinances, regulations, rules and/or direction of the
City Council.
6. Terms. The term of office of each member, other than the Planning
Commission Liaison, Recreation, Music, and Parks Liaison, and Council Liaison,
shall be four (4) years, and no member shall serve for more than 3 consecutive
terms, notwithstanding the foregoing, a member appointed to serve out the
balance of the term of a former member, may serve three additional four year
terms beyond completion of the partial term. The Planning Commission and
Recreation, Music, and Parks Commission Liaisons shall be appointed annually
by those bodies to serve a one-year term from July 1 — June 30. The Council
liaison shall be appointed annually in January by the City Council to serve for that
calendar year. The members' terms shall be staggered such that the terms of no
more than three members, not including appointed liaisons, shall expire in any
given year. Notwithstanding the expiration of a member's term pursuant to this
provision, and subject to provision 7, members shall serve until a successor is
appointed by the City Council.
7. Resignation/Removal. The City Council may declare the office of a
member vacant: upon the resignation, death, disability that results in the inability
of a member to perform her/lis duties; loss of permanent City residency or other
status required for the member to be eligible to serve; unexcused absence of a
member from three consecutive regular meetings of the Committee; or for any
other reason in the Council's sole discretion.
8. Vacancies. Upon declaring a Committee office vacant for any reason, the
City Council shall thereupon appoint a qualified person to fill the vacancy for the
unexpired tern.
9. Quorum/Action. A quorum of five (5) voting members is required to
meet and conduct business. Fewer than 5 members, or if no members are present,
staff to the Committee, may adjourn meetings of the Committee in accordance
with all applicable requirements of the Ralph M. Brown Act (California
Government Code Section 54950 et seq.). All actions or recommendations of the
Committee shall be made at a meeting at which a quorum of the Committee is
present and shall be made by majority vote of the members present. A tie vote
shall constitute no action on the motion, proposed action or recommendation.
10. Staff. The City's Director of Public Works and Utilities and/or designees
of said Director shall serve as Committee staff and advise and support the
Committee as appropriate in the perfonnance of its duties.
Attachment 2
Resolution No. 93-z3 N.C.S.
1 of tide City of Petaluma, California
2
3
4
5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
6 AUTHORIZING CREATION OF A BICYCLE ADVISORY COMMITTEE
/I
8
9 WHEREAS, Transportation Development Act (TDA) funds are made available for transit,
10 pedestrian/bicycle, streets and roads; and
11
12 WHEREAS, allocations for pedestrian/bicycle purposes are allocated under Article 3; and
13
14 WHEREAS, in December 1991 the Metropolitan Transportation Commission (MTC) adopted
15 new procedures for programming TDA Article 3 funds; and
16
17 WHEREAS, the procedure requires that all jurisdictions with populations over 10,000
18 appoint a local Bicycle Advisory Committee (BAC) consisting of a minimum of three bicyclists; and
ME
20 WHEREAS, the BAC will develop bicycle and pedestrian projects and submit them for final
21 adoption by the Sonoma County Transportation Authority.
22
23 NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council does hereby
24 authorize creation of a Bicycle Advisory Committee consisting of the Music Parks and Recreation
25 Commission and a minimum of three bicyclists as appointed by and serving at the pleasure of the
26 City Council and direct staff to seek letters of interest.
27
28
29 c:\words\reso.doc
30 1/20/93 (fmk)
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by theApproved as to
mauld
Council of the City of Petaluma at a (Regular) OM meeting
on the —.12th ........... day of........larluaiW.............. -........ ........ 19.93.., by the
following vote: _._ ._. r-ae.._--......
Ci t or
AYES: Nelson, Barlas, Read, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: None
ATTEST: ......... ....................... _.__-- ........ -....... .........
y Clerk
9
CA 10.9.5 9�tN.._...9.3-.23__._.. N.cs.
:+-
Attachment 3
Resolution No. 95-39 N.C.S.
of the City of Pelaklina, California
REVISING THE COMPOSITION AND
REPORTING AUTIIORITYOF THE
PETALUMA BICYCLE ADVISORY CONLMITTEE
WHEREAS, Transportation Development Act (TDA) funds are made available for transit,
pedestrian/bicycle, streets and roads; and,
WHEREAS, in December, 1991, the Metropolitan Transportation Commission (MTC)
adopted new procedures for programming TDA Article 3 funds requiring local jurisdictions to
appoint a local Bicycle Advisory Committee to review and to prioritize bicycle and pedestrian
projects prior to final adoption by the Sonoma County Transportation Authority.
WHEREAS, the Petaluma City Council, at their meeting of January 19, 1993, authorized
creation of.a Bicycle Advisory Committee (BAC); and,
WHEREAS, the initial Bicycle Advisory Committee consisted of the Music, Parks and
Recreation Commission and five bicyclists; and,
WHEREAS, to clarify the mission, composition and reporting authority of the Committee,
a subcommittee of the Bicycle Advisory Committee made a presentation to the full Bicycle
Committee regarding proposed changed; and,
WHEREAS, the Bicycle Advisory Committee unanimously endorsed the proposed changes
and recommended the same to the City Council.
95-39
..... ........ .............. vcs.
10
NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council does hereby authorize
changes to the Petaluma Bicycle Advisory Committee, to include:
a) COMPOSITION - five (5) bicyclists, one (1) Parks, Music &
Recreation Commission member, one (1) Planning Commission member.
b) REPORTING AUTHORITY - Bicycle Advisory Committee to be a
committee of the Petaluma Planning Commission.
C) BICYCLE ADVISORY COMMITTEE - To serve at the pleasure and
direction of the City Council
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE'': I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) meeting (Alor
form
on the PI......_......... day of...........EQbrVW.Y ........ ..... ......... 19..9.5., by the (
following vote: ------__...-.
ey
AYES: Shea, Maguire, Barlas, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: N
ATTEST: ........���...........�........
City Clerk
CA 10 es
Cmmdl File ....... _._....... .....
R,.. N.. ......... 95c3.9...... a Cs.
Attachment 4
Resolution No.2001-148 N.C.S.
of the City of Petaluma, California
REVISING THE COMPOSITION OF THE
PETALUMA BICYCLE ADVISORY COMMITTEE
WHEREAS, at their August 6, 2001 meeting, the Petaluma City Council did hereby
approved the recommendations of the Bicycle Committee as follows:
1. The composition of the Bicycle Committee shall be made up of seven
PedestrianBicyclists, one Parks, Music and Recreation Commission Member,
one Planning Commission Member and one City Council Liaison.
2. Change the residency allowing two of the seven Pedestrians/Bicycle
Committee Members may live outside the city limits.
3. Change the name of the Committee from Petaluma Bicycle Advisory
Committee to Petaluma Pedestrian and Bicycle Advisory Committee.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
AYES:
NOES:
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting /
f
on the ........6h .............. day of ..............August............................. 20 ..... g1by the
following vote: ........ ...... ............._
ty tarney
O'Brien, Healy. Torliatt, Vice Mayor Cader-Thompson
None
ABSENT: �-fMaguire, Moynihan. Mayor Thompson
ATTEST: ........ ..�al..:F..L... ............................
City Clerk
hltent:► H a.a.�.
11., N"2Q..0..7...-......7...4...8..v_..c...s...
-
.......................................................................................
Mayor
12
Attachment 5
Resolution No. 2008-154 N.C.S.
of the City of Petalaina, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
REPEALING AND UPDATING ENABLING LEGISLATION FOR
THE PEDESTRIAN AND BICYCLE ADVISORY COMMITTEE
WHEREAS, the City Council created the Pedestrian and Bicycle Advisory Committee
("the Committee") on January 19, 1993, by adopting Resolution 98-23 N.C.S.; and,
WHEREAS, the City Council revised the composition and reporting authority of the
Committee on February 6, 1995, by adopting Resolution 95-39 AT.C.S. and on August 6, 2001 by
adopting Resolution 2001-148 N.C.S.; and,
WHEREAS, the City Council wishes to clarify the duties, authority, composition,
voting, ten -ns, vacancies, and criteria for removal for all City Boards, Commissions, and
Committees.
NOW, THEREFORE, BE IT RESOLVED that:
1. Repeal. All previous resolutions relating to the City's Pedestrian and Bicycle Advisory
Committee ("Committee") are repealed and superseded by this resolution to the extent that they
contain provisions that conflict with this resolution.
2. Continuance of Current Terms. Subject to the terms of this resolution, current
members of the Committee shall continue to serve for the remainder of the terms to which they
have been appointed. Current Committee members and the expiration date of each term are:
Name
Term Ending
Asselmeier, Pamela
6/30/09
Hatheway, Melissa
6/30/12
Hauswald, Yuri Brennan
6/30/12
Lofroos, Kit
6/30/11
Tarr, Marja
6/30/12
Webster, David
6/30/11
Wetter, Mara
6/30/11
3. Composition. The Committee shall consist of ten members, as follows:
n Seven pedestrian/bicyclist members shall be appointed by Council from the community
at large. Members shall be current residents of the City of Petaluma who have resided in
Petaluma for at least one year, except for two members, who may live outside City limits.
13
Resolwion Na. 2008-154 N.C.S.
Pnge I
• One member of the Planning Commission, selected by the Planning Commission, who
shall serve as Raison between the Committee and the Planning Commission, and who
shall be a voting member of the Committee.
• One member of the Recreation, Music, and Parks Commission, selected by the
Recreation, Music, and Parks Commission, who shall serve as liaison between the
Committee and the Recreation, Music, and Parks Commission, and who shall be a voting
member of the Committee.
• One member of the City Council, selected by the City Council, who shall serve as liaison
between the Committee and the City Council, and who shall be a voting member of the
Committee.
4. Mission. The mission of the Committee is to develop bicycle and pedestrian projects and
submit them for final adoption by the Sonoma County Transportation Authority.
5. Duties/Authority. The Committee's duties shall include education, public relations and
fundraising relating to issues of importance to pedestrians and cyclists in the Petaluma
community, providing advice to the City Council regarding such matters, and such other duties
as may be prescribed by ordinance, resolution, rule or direction of the City Council. The
Committee's duties do not include oversight of Petaluma staff or operations. The Committee has
no authority to employ any person or incur any expense or obligation without approval of the
City Council. The committee shall have the right to establish such procedures and regulations as
it deems appropriate for the conduct of its meetings, the selection of its officers and the
performance of its functions, consistent with applicable law, including all applicable City
ordinances, regulations, rules and/or direction of the City Council.
6. Terms. The term of office of each member, other than the Planning Commission
Liaison, Recreation, Music, and Parks Liaison, and Council Liaison, shall be four years, and no
member shall serve for more than 3 consecutive terms. The Planning Commission and
Recreation, Music, and Parks Commission Liaisons shall be appointed annually by those bodies
to serve a one-year term from July 1 — June 30. The Council liaison shall be appointed annually
in January by the City Council to serve for that calendar year. The members' terms shall be
staggered such that the terms of no more than five members, not including the City Council
Liaison, shall expire in any given year. Notwithstanding the expiration of a member's term
pursuant to this provision, and subject to provision 7, members shall serve until a successor is
appointed by the City Council.
7. Resignation/Removal. The City Council may declare the office of a member vacant:
upon the resignation, death, disability that results in the inability of a member to perform her/his
duties; loss of permanent City residency or other status required for the member to be eligible to
serve; unexcused absence of a member from three consecutive regular meetings of the
Committee; or for any other reason in the Council's sole discretion.
8. Vacancies. Upon declaring a Coirunittee office vacant for any reason, the City Council
shall thereupon appoint a qualified person to fill the vacancy for the unexpired term.
14
Resolution No. 2008-154 N.C.S.
Page 2
9. Quorum/Action. A quorum of 7 members is required to meet and conduct business.
Fewer than 7 members, or if no members are present, staff to the Committee, may adjourn
meetings of the Committee in accordance with all applicable requirements of the Ralph M.
Brown Act (California Government Code Section 54950 et seq.). All actions or
recommendations of the Committee shall be made at a meeting at which a quorum of the
Committee is present and shall be made by majority vote of the members present. A tie vote
shall constitute no action on the motion, proposed action or recommendation.
10. Staff, The City's Public Works Director and/or designees of the Public Works Director
shall serve as Committee staff and advise and support the Committee as appropriate in the
performance of its duties.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Appl ved us to
Council of the City of Petaluma at a Regular meeting on the 0' day of August,
3008, by the fallowing vote:
t -
City A orney
AYES: Barrett, Harris, Nuu, Vice Mayor Rnbbitt, Nlnyor Torlialt —`��
NOES: None
ABSENT: Freitus, O'Brien
ABSTAIN: None /�� �� �1
ATTEST: U� �X/C_J[ -)1
City Clerk
Resolution No. 2008-154 N.C.S.
15
Page 3
Attachment 6
Resolution No. 2008-221 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
REPEALING AND UPDATING ENABLING LEGISLATION FOR
THE PEDESTRIAN AND BICYCLE ADVISORY COMMITTEE
WHEREAS, the City Council created the Pedestrian and Bicycle Advisory Committee
("the Committee") on January 19, 1993, by adopting Resolution 98-23 N.C.S.; and,
WHEREAS, the City Council revised the composition and reporting authority of the
Committee on February 6, 1995, by adopting Resolution 95-39 N.C.S. , on August 6, 2001 by
adopting Resolution 2001-148 N.C.S., and on August 4, 2008 by adopting Resolution 2008-154
N.C.S.; and,
WHEREAS, the City Council wishes to clarify the duties, authority, composition,
voting, terms, vacancies, and criteria for removal for all City Boards, Commissions, and
Committees.
NOW, THEREFORE, BE IT RESOLVED that:
1. Repeal. All previous resolutions relating to the City's Pedestrian and Bicycle Advisory
Committee ("Committee") are repealed and superseded by this resolution to the extent that they
contain provisions that conflict with this resolution.
2. Composition. The Committee shall consist of nine voting members, as follows:
G Six pedestrian/bicyclist members shall be appointed by Council from the community at
large. Members shall be current residents of the City of Petaluma who have resided in
Petaluma for at least one year, except for two members, who may live outside City limits.
o One member of the Planning Commission, selected by the Planning Commission, who
shall serve as liaison between the Committee and the Planning Commission.
G One member of the Recreation, Music, and Parks Commission, selected by the
Recreation, Music, and Parks Commission, who shall serve as liaison between the
Committee and the Recreation, Music; and Parks Commission.
o One member of the City Council, selected by the City Council, who shall serve as liaison
between the Committee and the City Council.
3. Continuance of Current Terms. Subject to the terns of this resolution, current
members of the Committee shall continue to serve for the remainder of the terms to which they
have been appointed, with the exception of Marja Tarr, who has been serving as both a member
from the community at large and as the liaison from the Recreation, Music, and Parks
Commission. This resolution reduces the number of members at large from seven to six. Ms.
Tarr will no longer be a member at large, but will continue her role as liaison from the
16
ResOlulion Na 2008-221 N.C.S. 1''lge l
Recreation, Music, and Parks Commission. The remaining members at large and the expiration
date of each term are:
Name
Term Ending
Asselmeier, Pamela
6/30/09
Hatheway, Melissa
6/30/12
Hauswald, Yuri Brennan
6/30/12
Lofroos, Kit
6/30/11
Webster, David
6/30/11
Yetter, Mara
6/30/11
The current liaisons are:
Name
Liaison From
Term
Barrett, Teresa
City Council
1/08-12/08
Arras, Chris
Planning Commission
7/08-6/09
Tarr, Marja
Recreation, Music, & Parks Commission
7/08-6/09
4. Mission. The mission of the Committee is to develop bicycle and pedestrian projects and
submit them for final adoption by the Sonoma County Transportation Authority.
5. Duties/Authority. The Committee's duties shall include education, public relations and
fundraising relating to issues of importance to pedestrians and cyclists in the Petaluma
community, providing advice to the City Council regarding such matters, and such other duties
as may be prescribed by ordinance, resolution, rifle or direction of the City Council. The
Committee's duties do not include oversight of Petaluma staff or operations. The Committee haE
no authority to employ any person or incur any expense or obligation without approval of the
City Council. The committee shall have the right to establish such procedures and regulations as
it deems appropriate for the conduct of its meetings, the selection of its officers and the
performance of its functions, consistent with applicable law, including all applicable City
ordinances, regulations, rules and/or direction of the City Council.
6. Terms. The term of office of each member, other than the Planning Commission
Liaison, Recreation, Music, and Parks Liaison, and Council Liaison, shall be four years, and no
member shall serve for more than 3 consecutive terms. The Planning Commission and
Recreation, Music, and Parks Commission Liaisons shall be appointed annually by those bodies
to serve a one-year term from July I — June 30. The Council liaison shall be appointed annually
in January by the City Council to serve for that calendar year. The members' terms shall be
staggered such that the terms of no more than five members, not including the City Council
Liaison, shall expire in any given year. Notwithstanding the expiration of a member's term
pursuant to this provision, and subject to provision 7, members shall serve until a successor is
appointed by the City Council.
7. Resignation/Removal. The City Council may declare the office of a member vacant:
upon the resignation, death, disability that results in the inability of a member to perform her/his
duties; loss of permanent City residency or other status required for the member to be eligible to
17
Resoluion No. 2008-221 N.CS, Page 2
serve; unexcused absence of a member from three consecutive regular meetings of the
Committee; or for any other reason in the Council's sole discretion.
S. Vacancies. Upon declaring a Committee office vacant for any reason, the City Council
shall thereupon appoint a qualified person to fill the vacancy for the unexpired term.
9. Quorum/Action. A quorum of 5 members is required to meet and conduct business.
Fewer than 5 members, or if no members are present, staff to the Committee, may adjourn
meetings of the Committee in accordance with all applicable requirements of the Ralph M.
Brown Act (California Government Code Section 54950 et seg.). All actions or
recommendations of the Committee shall be made at a meeting at which a quorum of the
Committee is present and shall be made by majority vote of the members present. A tie vote
shall constitute no action on the motion, proposed action or recommendation.
10. Staff. The City's Public Works Director and/or designees of the Public Works Director
shall serve as Committee staff and advise and support the Committee as appropriate in the
performance of its duties.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: 1 hereby certily the foregoing Resolution was introduced and adopted by the Council of Approved as to
the City of Petaluma at a Regular meeting on the I" day of December, 2008. by the I no
fallowing vote:
City Attomcv
AYES: Barrett, Freitas. Harris. Nau, O'Brien, Vice Mayor Rabbitt, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: /l
City Clerk �— Mayor
1
Resolution No. 2008-221 N,CS. Page 3