HomeMy WebLinkAbout10/20/2008�AI'U
a� City of Petaluma, California
CITY COUNCIL/PCDC MEETING RECAP
r8�8 Monday, October 20, 2008 - 3:00 P.M.
MONDAY, OCTOBER 20, 2008
AFTERNOON SESSION - 3:00 P.M.
CALL TO ORDER - AFTERNOON SESSION - 3:00 P.M.
A. Roll Call - Samantha Freitas absent
B. Pledge of Allegiance - Bill Donahue, Petaluma
C. Moment of Silence
PROCLAMATIONS
• United Nations Day, October 24, 2008
• Red Ribbon Week, October 23-31, 2008
• Domestic Violence Awareness Month - October 2008
PRESENTATIONS
• Employee Service Awards for Third Quarter 2008 (July - September)
• Phase 11 NPDES Storm Water Annual Report. (Ban/Orr)
• Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for July
2008
• Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for
August 2008
PUBLIC COMMENT- See video/minutes.
COUNCIL COMMENT- See video/minutes.
CITY MANAGER COMMENT- See video/minutes.
AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) - None.
1. APPROVAL OF PROPOSED AGENDA
A. Approval of Revised Proposed Agenda for Regular PCDC/City Council Meeting of
November 3, 2008. - Approved as amended to move Item 4.0 to the November
17, 2008 meeting or later if necessary.
Vote: 4/2 (O'Brien, Babbitt "no")
2. CONSENT CALENDAR
A. Resolution 2008-190 N.C.S. Accepting Claims and Bills for July 2008. (Haas)
Vote: G/O f Freitas absent)
B. Resolution 2008-19 1 N.C.S. Accepting Claims and Bilis for August 2008. (Haas)
Vote: G/O f Freitas absent)
Petaluma City Council/PCDC Meeting Recap
Monday, October 20, 2008
Page 1
C. Resolution 2008-192 N.C.S. to Approve June 30, 2008 Quarterly Treasurer's
Report. (Haas)
Vote: GIO (Freitas absent)
D. Adoption (Second Reading) of Ordinance 23 14 N.C.S. Providing for
Appropriations for FY 2008-09.
Vote: GIO (Freitas absent)
E. Resolution 2008-193 N.C.S. Authorizing the City Manager to Execute the
Memorandum of Agreement for the Bay Area Recycled Water Coalition Federal
Legislative Efforts. (Ban)
Vote: GIO (Freitas absent)
3. UNFINISHED BUSINESS
A. Discussion and Designation of the Intersection of Petaluma Boulevard North/Stony
Point Road/Industrial Avenue as an Underground Utility District and Resolution
2008-194 N.C.S. Setting November 17, 2008, at 7:00 P.M., as the Date and Time
for a Public Hearing to Form the Underground Utility District. (Marengo/Evert)
Vote: GIO (Freitas absent)
4. NEW BUSINESS
A. Approving Four Applications for Grant Funds for the California River Parkways
Grant Program (Resolution 2008-195 N.C.S.: `C' Street Fishing Pier; Resolution
2008-1 9G N.C.S.: 'f1' Street Public Access Pier; and Resolution 2008-197
N.C.S.: Denman Reach Phase 3); and the Urban Streams Restoration Grant
Program (Resolution 2005-198 N.C.S.: Denman Reach Phase 3) Under the Safe
Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Act of 2006 (Proposition 84) and Resolution 2008-199 N.C.S.
Authorizing Project -Related Environmental Analysis and Preliminary Design.
(Ban/Scherzinger/Tuft; Marengo/Zimmer)
Vote: GIO (Freitas absent)
C.
Resolution 2008-200 N.C.S. Authorizing the City Manager to Execute the
Amendment No. 1 to the Professional Design Services Agreement with WEST
Consultants, Inc., for Professional Contract Services for the Completion of the
FEMA Floodway/Floodplain Remapping Effort. (Ban/Scherzinger/Tuft).
Vote: G/O (Freitas absent)
IR 12 C177 GRGI 15.12.078 ef Chapter 15.12 GRd Adding Cha ter 15.17, Water
Consen.ration Regulations, to the Petaluma Municipal ) — This item
was moved to the November 3, 2008 Council Meeting Agenda on Friday,
October 17, 2008, and was moved to the November 17, 2008 Council
Meeting Agenda during approval of the draft agenda, Item I .A above.
D. Resolution 2008-201 N.C.S. of the City Council of the City Of Petaluma,
Repealing its Present Conflict of Interest Code (Resolution No. 2006-165 N.C.S.)
and Any Conflicting Resolutions and Adopting by Reference the Model Conflict of
Interest Code Set. Forth in Title 2, Section 18730 of the California Code of
Regulations. (Cooper/Danly)
Vote: GIO (Freitas absent)
Petaluma City Council/PCDC Meeting Recap Page 2
Monday, October 20, 2008
PUBLIC COMMENT ON CLOSED SESSION ITEMS - None.
ADJOURN TO CLOSED SESSION - 5:2 1 p.m.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to subdivision (a) of California
Government Code §54956.9: Elizabeth Coletti and Ken Murray v. City of Petaluma, Case SCV-242198
CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to California Government Code §54956.8:
o Property:
APN 05-060-080
Agency Negotiators:
Geoff Hornsby, Larry Zimmer
Negotiating Parties:
Sonoma Marin Area Rail Transit (SMART)
Under Negotiation:
Price and terms of payment
o Property:
APN 05-060-087
Agency Negotiators:
Geoff Hornsby, Larry Zimmer
Negotiating Parties:
McPhail Properties, Inc.
Under Negotiation:
Price and terms of payment
o Property:
006-284-029, 006-284-010,006-284-018
Agency Negotiators:
Geoff Hornsby, Larry Zimmer
Negotiating Parties:
Kerry Davidson, et al.
Under Negotiation:
Price and terms of payment
o Property:
006-284-036
Agency Negotiators:
Geoff Hornsby, Larry Zimmer
Negotiating Parties:
The Goliti Living Trust
Under Negotiation:
Price and terms of payment
o Property:
007-071-009
Agency Negotiators:
Geoff Hornsby, Larry Zimmer
Negotiating Parties:
David P. Frym, Susan A. Frym and Dale E. Daniels
Under Negotiation:
Price and terms of payment
PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to California Government Code §54957: City
Clerk,
REPORT OUT OF CLOSED SESSION (Actions Taken) - Public Employee Performance Evaluation of the
City Clerk was completed.
ADJOURN - 5:45 p.m. in memory of Dorothy M. Barella and Jimmie Rogers.
MONDAY, OCTOBER 20, 2008
EVENING SESSION - 7:00 P.M.
NO EVENING SESSION
Petaluma City Council/PCDC Meeting Recap Page 3
Monday, October 20, 2008
City of Petaluma, California
in
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
Monday, October 20, 2008
3:00 p.m. Afternoon Session
NO Evening Session
Revision No. 1: Friday, October 17, 2008
Regular Meeting
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. There are generally two
sessions held for each Council Meeting. An Afternoon Session is usually held at 3:00 p.m. and an Evening Session held
at 7:00 p.m. Starting times for Council Meeting Afternoon Sessions may vary.
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 — AFTERNOON SESSIONS
Call to Order Proclamations/Presentations
Roll Call Agenda Changes & Deletions
Pledge of Allegiance Public Comment
Moment of Silence Council Comment
ORDER OF BUSINESS — EVENING SESSIONS
Call to Order
Roll Call
Proclamations
Presentations
City Manager Comment Unfinished Business
Approval of Minutes New Business
Approval of Tentative Agenda Closed Session
Pledge of Allegiance Report Out of Closed Session (Actions)
Moment of Silence Public Comment
All actions are made by the City Council, unless otherwise noted.
PUBLIC PARTICIPATION
General Public Comment
Council Comment
City Manager Comment
Unfinished Business
New Business
Persons wishing to speak regarding items not on the agenda may do so during General Public Comment at the
beginning of each afternoon and 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, 1 1 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.
In 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
avai able upon reques . minimum o ours is ne-eded to ensure the avai a i i y ods a ion 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, October 20, 2008 - 3:00 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: cityofpetaluma.net
Revision No. I: Friday, October 17, 2008
MONDAY, OCTOBER 20, 2008
AFTERNOON SESSION - 3:00 P.M.
CALL TO ORDER - AFTERNOON SESSION - 3:00 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
PROCLAMATIONS
United Nations Day, October 24, 2008
Red Ribbon Week, October 23-31, 2008
• Domestic Violence Awareness Month - October 2008
PRESENTATIONS
• Employee Service Awards for Third Quarter 2008 (July - September)
• Phase II NPDES Storm Water Annual Report. (Ban/Orr)
• Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for July
2008
- - Verbal Update for Progress -on Construction -of -the -Ellis -Creek Water -Recycling -Facility -for- -- -
August 2008
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 an 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
® In 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
)e availability of translation services. In consideration of those with multiple chemical sensitivities or other environmental illness, it is
2quested 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
October 20, 2008
AGENDA CHANGES AND DELETIONS (Changes to current agenda only)
1. APPROVAL OF PROPOSED AGENDA
A. Approval of. Revised Proposed Agenda for Regular PCDC/City Council Meeting of
November 3, 2008 - Revised Friday, October 17, 2008.
2. CONSENT CALENDAR
A. Resolution Accepting Claims and Bills for July 2008. (Haas)
B. Resolution Accepting Claims and Bills for August 2008. (Haas)
C. Resolution to Approve June 30, 2008 Quarterly Treasurer's Report. (Haas)
D. Adoption (Second Reading) of an Ordinance Providing for Appropriations for FY
2008-09.
E. Resolution Authorizing the City Manager to Execute the Memorandum of
Agreement for the Bay Area Recycled Water Coalition Federal Legislative Efforts.
(Ban)
3. UNFINISHED BUSINESS
A. Discussion and Designation of the Intersection of Petaluma Boulevard North/Stony
Point Road/Industrial Avenue as an Underground Utility District and Setting
November 17, 2008, at 7:00 P.M., as the Date and Time for a Public Hearing to
Form the Underground Utility District. (Marengo/Evert)
4. NEW BUSINESS
A. Resolutions Approving Four Applications for Grant Funds for the California River
Parkways Grant Program and the Urban Streams Restoration Grant Program Under
the Safe Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006 (Proposition 84) and Authorizing Project -
Related Environmental Analysis and Preliminary Design. (Ban/Scherzinger/Tuft;
Marengo/Zimmer)
_B._ . ReseluliorLAutbDrizing-fhe City-Mctn_ager-to-Exe-c-ute-the_Amendment No 1 to the
Professional Design Services Agreement with WEST Consultants, Inc., for
Professional Contract Services for the Completion of the FEMA
Floodway/Floodplain Remapping Effort. (Ban/Scherzinger/Tuft).
C.
Petelume Repealing Sections 13 12 071, 15.12.072, 15.12.074,. 2.075,-112.076Conses.ration Regulations, to the Petalurnc-i Municipal Code. (BOR/Orr) _
15.12.077 end 15.12.078 ef Chapter 15.12 and Adding Chapter 15.17, Wate
- Moved
to the November 3, 2008 City Council Meeting Agenda with Revision No. I ,
Friday, October 17$ 2008.
D. Resolution of the City Council of the City Of Petaluma, Repealing its Present
Conflict of Interest Code (Resolution No. 2006-165 N.C.S.) and Any Conflicting
Resolutions and Adopting by Reference the Model Conflict of Interest Code Set
Forth in Title 2, Section 18730 of the California Code of Regulations.
(Cooper/Danly)
Petaluma City Council/PCDC Meeting Agenda Page 3
October 20, 2008
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 - EXISTING LITIGATION: Pursuant to subdivision (a) of California
Government Code §54956.9:
Elizabeth Coletti and Ken Murray v. City of Petaluma, Case SCV-242198
• CONFERENCE WITH REAL PROPERTY
NEGOTIATORS: Pursuant to California Government Code §54956.8:
o Property:
APN 05-060-080
Agency Negotiators:
Geoff Hornsby, Larry Zimmer
Negotiating Parties:
Sonoma Marin Area Rail Transit (SMART)
Under Negotiation:
Price and terms of payment
o Property:
APN 05-060-087
Agency Negotiators:
Geoff Hornsby, Larry Zimmer
Negotiating Parties:
McPhail Properties, Inc.
Under Negotiation:
Price and terms of payment
o Property:
006-284-029, 006-284-010, 006-284-018
Agency Negotiators:
Geoff Hornsby, Larry Zimmer
Negotiating Parties:
Kerry Davidson, et al.
Under Negotiation:
Price and terms of payment
o Property:
006-284-036
Agency Negotiators:
Geoff Hornsby, Larry Zimmer
Negotiating Parties:
The Goliti Living Trust
Under Negotiation:
Price and terms of payment
o Property:
007-071-009
Agency Negotiators:
Geoff Hornsby, Larry Zimmer
Negotiating Parties:
David P. Frym, Susan A. Frym and Dale E. Daniels
Under Negotiation:
Price and terms of payment
• PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to California Government Code §54957: City
Clerk.
REPORT OUT OF CLOSED SESSION (Actions Taken)
ADJOURN
MONDAY, OCTOBER 20, 2008
EVENING SESSION - 7:00 P.M.
NO EVENING SESSION