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Home My WebLink About11/17/2008�ALU� a City of Petaluma, California CITY COUNCIL/PCDC MEETING RECAP r85$ Monday, November 17, 2008 - 6:00 P.M. MONDAY, NOVEMBER 17, 2008 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION - 6:00 P.M. A. Roll Call - Harris absent PUBLIC COMMENT ON CLOSED SESSION ITEMS - See video/minutes. ADJOURN TO CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: 1 potential case. MONDAY, NOVEMBER 17, 2008 EVENING SESSION — 7:00 P.M. CALL TO ORDER — EVENING SESSION — 7:13 P.M. A. Roll Call - barns absent Pledge of Allegiance - Larry Zimmer, Public Works Department Moment of Silence REPORT OUT OF CLOSED SESSION (Actions Taken) - None, PROCLAMATION Comcast Cares Day PUBLIC COMMENT- See video/minutes. COUNCIL COMMENT- See video/minutes. CITY MANAGER COMMENT - None, AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) - None. 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular PCDC/City Council Meeting of November 3, 2008. - Approved as presented. Vote: 6/O (Harris absent) 2. APPROVAL OF PROPOSED AGENDA A. Approval of Revised Proposed Agenda for Regular PCDC/City Council Meeting of December 1, 2008. - Approved with addition to the item regarding removing non -participating members of City Committees of possible modification of the quorum required for the Pedestrian and Bicycle Advisory Committee. Vote: 6/O (Harps absent) Petaluma City Council/PCDC Meeting Recap Page 1 Monday, November 17, 2008 3. CONSENT CALENDAR A. Resolution 2008-2 1 1 N.C.S. Approving Development of a Regional Climate Protection Coordination Plan and the Initial Framework for Implementation. (Brown) Vote: G/0 (Harris absent) Resolution 2008-207 N.C.S. Ratifying Petaluma Transit's Application to the State Transit Assistance (STA) for Lifeline Grant Funding, and Authorizing City Manager to Accept the Grant Award and Enter Into Any Relevant Agreements with the Sonoma County Transportation Authority (SCTA) or the Metropolitan Transportation Commission (MTC). (Marengo/Calder) Vote: G/O (Harris absent) C. Resolution 2008-21 2 N.C.S. Amending the Schedule of Penalties for Administrative Citations for Violations of the Petaluma Municipal Code. (Moore/Garcia) Vote: G/0 (Harris absent) D. Resolution 2008-208 N.C.S. Authorizing Change Order One for the Hopper Street Pavement Rehabilitation Project No. F00228506. (Marengo/Lackie) Vote: G/O (Harris absent) E. Resolution 2008-209 N.C.S. Authorizing the Police Department to Accept a Traffic Safety Grant from the California Office of Traffic Safety to Host the Avoid the 13 DUI Campaign - Sonoma County Program in the Amount of $659,650.00, October 1, 2008 through January 31, 2012. (Hood/Edwards) Vote: G/0 (Harris absent) F. Resolution 2008-213 N.C.S. Authorizing Staff to Apply for the 2009/2010 Bicycle Transportation Account (BTA) Grant for the Lynch Creek Trail. (Zimmer/Marengo) Vote: G/O (Harris absent) G. Resolution 2008-2 10 N.C.S. Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act. (Brown/Robbins) Vote: G/O (Harris absent) 4. NEW BUSINESS A. Resolution 2008-214 N.C.S. Approving the Memorandum of Understanding Regarding the Sonoma Marin Water Saving Partnership. (Ban) Vote: G/O (Harris absent) . B. Discussion of MOU with Nissan Motor Company Ltd. Regarding Electric Vehicle Program for Sonoma County Cities and Resolution 2008-2 15 N.C.S. Authorizing City Manager to Execute Non -Disclosure Agreement with Nissan Motor Company Ltd. in Substantial Conformity with Attached Exhibit A. (Brown/Danly) - Wordrng reused and staff report provrded with geo-5ion No. / on Thursday, November / 3, 2008. Vote: G/O (Harris absent) 5. PUBLIC HEARING A. Public Hearing on the Formation of an Underground Utility District on Petaluma Boulevard North/Stony Point Road/Industrial Avenue and Resolution 2008-2 1 G N.C.S. Approving Formation of the Petaluma Boulevard/Industrial Avenue Underground Utility District. (Marengo/Zimmer) Vote: G/O (Harris absent) ADJOURN - 8:3 1 p.m. Petaluma City Council/PCDC Meeting Recap Page 2 Monday, November 17, 2008 pCity of Petaluma, California gy, L U� MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION Monday, November 17, 2008 6:00 P.M. Closed Session 7:00 P.M. Evening Session Regular Meeting Revision No. 1: Thursday, November 13, 2008 Council Chambers City Hall 11 English Street Petaluma, California 94952 WELCOME Welcome to your City of Petaluma City Council Meeting. Your City Council Members are: Pamela Torliatt, Mayor, David Rabbitt, Vice Mayor; Teresa Barrett, Samantha Freitas, Mike Harris, Karen Nau, and Mike O'Brien, Council Members CITY COUNCIL MEETINGS Regular meetings of the City Council are held on the first and third Mondays of each month. Closed Session, if any, is generally scheduled for 6:00 p.m. Evening Session for each Council Meeting is held at 7:00 p.m. The City Council Agenda may also include actions of the Petaluma Community Development Commission (PCDC), which will be clearly noted. In addition, meetings of the Petaluma Public Financing Corporation are held annually in the month of December in conjunction with City Council meetings. All actions listed on the Agenda are City Council actions, unless otherwise noted. ORDER OF BUSINESS — CLOSED SESSION — G:00 P.M. Call to Order Roll Call Public Comment on Closed Session Items ORDER OF BUSINESS — EVENING SESSIONS — 7:00 P.M. Call to Order Report Out of Closed Session (Actions) Roil Call Public Comment Pledge of Allegiance Council Comment Moment of Silence City Manager Comment Proclamations Approval of Minutes Presentations Approval of Proposed Agendas) All actions are made by the City Council, unless otherwise noted. PUBLIC PARTICIPATION Public Comment on Closed Session Items Adjourn to Closed Session Consent Calendar Unfinished Business New Business Public Hearing Adjourn Persons wishing to speak regarding items scheduled for Closed Session may do so at the beginning of the session, before Council leaves the Council Chambers. Each speaker must complete a Speaker Card, a supply of which is available at the rear of the Council Chambers, and submit it to the City Clerk. Each speaker will be allowed 3 minutes. General Public Comment !Persons wishing to speak regarding items not on the agenda may do so during General Public Comment at the j beginning of each evening session. Each speaker must complete a Speaker Card, a supply of which is available at the rear of the Council Chambers, and submit it to the City Clerk. The Mayor will call on individuals whose names appear on the Speaker Cards. Depending on the number of persons wishing to address the Council, time will be allocated in equal shares totaling no more than 15 minutes. If more than three persons wish to address Council on the same topic, they are encouraged to select a spokesperson. Public Comment on Agendized Items Persons wishing to speak regarding agendized items may do so at the beginning of that item. Each speaker must complete a Speaker Card, a supply of which is available at the rear of the Council Chambers, and submit it to the City Clerk. Each speaker will be allowed 3 minutes. The primary spokesperson for a group supporting/opposing an agenda item will be limited to 10 minutes. Up to two members of the public may cede their time to a third individual, such that a member of the public may have 9 minutes to speak. The Council requests that you focus your comments to the issues only. No personal attacks or comments on any individual's integrity will be tolerated. Your assistance in helping to create open and civil public discussion and your participation in community issues is appreciated. Public Use of Audio -Visual Equipment During Public Comment or Presentations • You must use the equipment provided in the Council Chambers, which is a Dell laptop capable of running video DVD, Powerpoint, Word, Excel and can browse web sites. • If your presentation includes viewing a web site, please send the web address (URL) to the City Clerk* 72 hours prior to your meeting. • If your presentation is a DVD or CD, please bring the disc to the City Clerk* 72 hours prior to the meeting. • If your presentation is only a few files, you can email them to the City Clerk* 72 hours prior to the meeting. • If you're making a slide show, we can upload Acrobat or Powerpoint content to our web streaming solution. If you wish to distribute materials to Council, please submit ten copies to the City Clerk. *The City Clerk's Office may be reached by phone at 707-778-4360; by fax at 707-778-4554, or by e-mail at cityclerk@ci.petaluma.ca.us. PUBLIC HEARING PROCEDURES Public Hearings are specifically noticed items for discussion. Anyone wishing to speak regarding a Public Hearing should fill out a Speaker Card prior to the completion of the Staff Report and give it to the City Clerk. The order of business for Public Hearings is as follows: 1. Staff Presentation 2. Applicant/Appellant — 10 minutes 3. City Council Questions/Clarifications CONSENT CALENDAR 4. Public Comments — 3 minutes per person 5. Applicant/Appellant Rebuttal — 5 minutes 6. City Council Comments/Questions/Action Consent Calendar items are typically routine in nature and are considered for approval by the City Council with a single action. The City Council may remove items from the Consent Calendar for discussion. Items listed on the Consent Calendar are deemed to have been read by title. AGENDAS The agenda is posted according to Government Code §54954.2. The agenda and staff reports are available on line at the City's website, cityorpetaluma.net, six days before each meeting. Those without computers may view these materials on line at the Petaluma Regional Library, 100 Fairgrounds Drive, Petaluma; and Santa Rosa Junior College Library, 680 Sonoma Mountain Parkway, Petaluma. Binders containing paper copies of these materials are available for public viewing in the City Council Chambers, Petaluma Senior Center, 211 Novak Drive, Petaluma; and the Petaluma Community Center, 320 North McDowell Boulevard, Petaluma on the Tuesday preceding the meeting. In accordance with Government Code §54957.5, any materials of public record relating to an agenda item for a regular meeting of the City Council that are provided to a majority of the members less than 72 hours before the meeting will be made available on-line and at the City Clerk's Office, 11 English Street, during normal business hours. Materials of public record that are distributed during the meeting shall be made available for public inspection at the meeting if prepared by the City or a member of its legislative body, or the next business day after the meeting if prepared by some other person. RIn accordance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's Office at 707.778.4360 (voice) or 707.778.4480 (TDD). Translators, American Sign Language interpreters, and/or assistive listening devices for individuals with hearing disabilities will be available upon request. A minimum of 48 hours is needed to ensure the availability of translation services. In consideration of those with multiple chemical sensitivities or other environmental illness, it is requested that you refrain from wearing scented products. The City Clerk hereby certifies that this agenda has been posted in accordance with the requirements of the Government Code. City of Petaluma, California PETALUMA CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION AGENDA Monday, November 17, 2008 Closed Session - 6:00 p.m. Evening Session - 7:00 p.m. Council Chambers, City Hall, 11 English Street, Petaluma, California 94952 Regular Meeting City Manager's Office: Phone 707.778.4345 Fax 707.778.4419 E-mail: citymgr@ci.petaluma.ca.us City Clerk's Office: Phone 707.778.4360 Fax 707.778.4554 E-mail: cityclerk@ci.petaluma.ca.us City Website: citvofpetaluma.net Revision No. I : Thursday, November 13, 2008 MONDAY, NOVEMBER 17, 2008 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - 6:00 P.M. A. Roll Call Council Members Barrett, Freitas, Harris, Nau, O'Brien, Rabbitt and Mayor Torliatt PUBLIC COMMENT ON CLOSED SESSION ITEMS Prior to adjournment into Closed Session, the public may speak up to 3 minutes on items to be addressed in Closed Session. ADJOURN TO CLOSED SESSION • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: 1 potential case. MONDAY, NOVEMBER 17, 2008 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7:00 P.M. A. Roll Call Council Members Barrett, Freitas, Harris, Nau, O'Brien, Rabbitt and Mayor Torliatt B. Pledge of Allegiance C. Moment of Silence REPORT OUT OF CLOSED SESSION (Actions Taken) RIn accordance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's Office at (707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign Language interpreters, and/or nesistive listening devices for individuals with hearing disabilities will be available upon request. A minimum of 48 hours is needed to ensure availability of translation services. In consideration of those with multiple chemical sensitivities or other environmental illness, it is r_ quested that you refrain from wearing scented products. The City Clerk hereby certifies that this agenda has been posted in accordance with the requirements of the Government Code. In accordance with Government Code §54957.5, any materials of public record relating to an agenda item for a regular meeting of the City Council that are provided to a majority of the members less than 72 hours before the meeting will be made available on-line and at the City Clerk's Office, I I English Street, during normal business hours. Materials of public record that are distributed during the meeting shall be made available for public inspection at the meeting if prepared by the City or a member of its legislative body, or the next business day after the meeting if prepared by some other person. Petaluma City Council/PCDC Meeting Agenda Page 2 November 17, 2008 PROCLAMATION Comcast Cares Day PUBLIC COMMENT Public comments are limited to 3 minutes per person. When you address the City Council, you should fill out a speaker card and submit it to the City Clerk so the order of speakers may be determined and on official record of speakers obtained. Please be ready to step forward to the microphone as soon as the previous speaker has concluded his/her comments. The public is invited to make comments on items of public interest not listed on the agenda at this time. COUNCIL COMMENT CITY MANAGER COMMENT AGENDA CHANGES AND DELETIONS (Changes to current agenda only.). 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular PCDC/City Council Meeting of November 3, 2008. 2. APPROVAL OF PROPOSED AGENDA A. Approval of Revised Proposed Agenda for Regular PCDC/City Council Meeting of December 1, 2008. 3. CONSENT CALENDAR A. Resolution Approving Development of a Regional Climate Protection Coordination Plan and the Initial Framework for Implementation. (Brown) B. Resolution Ratifying Petaluma Transit's Application to the State Transit Assistance (STA) for Lifeline Grant Funding, and Authorizing City Manager to Accept the Grant Award and Enter Into Any Relevant Agreements with the Sonoma County Transportation Authority (SCTA) or the Metropolitan Transportation Commission (MTC). (Marengo/Calder) C. Resolution Amending the Schedule of Penalties for Administrative Citations for Violations of the Petaluma Municipal Code. (Moore/Garcia) D. Resolution Authorizing Change Order One for the Hopper Street Pavement Rehabilitation Project No. F00228506. (Marengo/Lackie) E. Resolution Authorizing the Police Department to Accept a Traffic Safety Grant from the California Office of Traffic Safety to Host the Avoid the 13 DUI Campaign - Sonoma County Program in the Amount of $659,650.00, October 1, 2008 through January 31, 2012. (Hood/Edwards) F. Resolution Authorizing Staff to Apply for the 2009/2010 Bicycle Transportation Account (BTA) Grant for the Lynch Creek Trail. (Zimmer/Marengo) G. Resolution Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act. (Brown/Robbins) Petaluma City Council/PCDC Meeting Agenda Page 3 November 17, 2008 4. NEW BUSINESS A. Resolution Approving the Memorandum of Understanding Regarding the Sonoma Marin Water Saving Partnership. (Ban) B. Discussion of MOU with Nissan Motor Company Ltd. Regarding Electric Vehicle Program for Sonoma County Cities and Resolution Authorizing City Manager to Execute Non -Disclosure Agreement with Nissan Motor Company Ltd. in Substantial Conformity with Attached Exhibit A. (Brown/Danly) - Wording revised and staff report provided with Revision No. 1 on Thursday, November 13, 2008. 5. PUBLIC HEARING A. Public Hearing to Form Petaluma Boulevard North/Stony Point Road/Industrial Avenue Underground Utility District. (Marengo/Zimmer) ADJOURN