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HomeMy WebLinkAboutCity Council Meeting Recap 03/07/2011�w City of Petaluma, California CITY COUNCIL/PCDC MEETING RECAP r85$ Monday, March 7, 2011 - 6:00 P.M. MONDAY, MARCH 7, 2011 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION - 6:00 P.M. A. Roll Call - All present APPOINTMENT OF SEVENTH COUNCIL MEMBER Resolution 201 1-030 N.C.S. Appointing Gabe Kearney to Fill Vacancy and Serve Unexpired Term Created by Election of David Glass as Mayor. (Cooper) Vote: G/0 SWEARING CEREMONY FOR NEW COUNCIL MEMBER The City Clerk swore in newly -appointed Council Member Gabe Kearney. B. Roll Call - All present CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant subdivision (b) of §54956.9 (California Government Code): one potential case. Existing facts and circumstances that support that a significant exposure to litigation exists are reflected in requests for additional compensation submitted by Kiewit Pacific Company to the City concerning the Ellis Creek Water Recycling Facility project. Compensation requests will be made available for public inspection on request. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: Baywood, LLC, vs. City of Petaluma, et al., Sonoma County Superior Court No. SCV 243426. - Added with Revision No. I - Thursday, March 3, 201 1 . CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of §54956.9: One potential case. - Added with Revision No. I - Thursday, March 3, 201 1 . PUBLIC COMMENT ON CLOSED SESSION ITEMS - None. ADJOURN TO CLOSED SESSION MONDAY, MARCH 7, 2011 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7:00 P.M. A. Roll Call - All present B. Pledge of Allegiance C. Moment of Silence AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) - None. Petaluma City Council/PCDC Meeting Recap Page 1 Monday, March 7, 201 1 PRESENTATION • FY 09-10 CAFR Presentation (30 minutes) REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) — City Attorney Danly reported that in accordance with California Government Code 954957.1 that the Council has given authorization tonight in CLOSED SESSION to initiate legal action and that the action the defendants and other particulars shall, once formally commenced, be disclosed to any person upon inquiry unless doing so would Jeopardize the agency's ability to effectuate service of process on one or more unserved parties or if doing so would Jeopardize its ability to including existing settlement negotiations to its advantage. PUBLIC COMMENT— See video/minutes. COUNCIL COMMENT— See video/minutes. CITY MANAGER COMMENT — See video/minutes. 1. APPROVAL OF PROPOSED AGENDA A. Approval of Revised Proposed Agenda for Regular City Council/PCDC Meeting of Monday, March 21, 2011. — Revision No. I — Thursday, March 3, 201 1. — Approved as presented. Vote: 7/0 2. CONSENT CALENDAR A. Resolution 201 1-03 1 N.C.S. to Approve Claims and Bills for January 2011. (Mahoney) Vote: 7/0 Resolution 201 1-032 N.C.S. Approving the Project Budget and Authorizing Award of Contract for Installation of Pilot Controlled Lighting and Replacement of the Rotating Beacon at the Petaluma Municipal Airport. (Patterson) Vote: 7/0 C. Adoption (Second Reading) of Ordinances 2396, 2397, 2398, 2399, and 2400 N.C.S. Amending Ordinances 2386, 2387, 2388, 2389, 2390 N.C.S. to Change Certain Appropriations for the Operations for the City of Petaluma from July 1, 2010 to June 30, 2011. (Mahoney) Vote: 7/0 D. Resolution 201 1-033 N.C.S. Amending the Classification and Compensation Plan by Establishing the New Classification and Pay Range of Director of Public Works and Utilities, Abolishing the Classifications of Director of Public Works and Director of Water Resources and Conservation and Authorizing the Position Allocation of Director of Public Works and Utilities. (Brown/Stephens) Vote: 7/0 E. Resolution 201 1-034 N.C.S. Authorizing the Position Allocation of Building Inspector I in the Building Services Division. (Brown/Stephens) Vote: 7/0 ADJOURN TO ANNUAL MEETING OF THE PETALUMA PUBLIC FINANCING CORPORATION Annual Meeting of the Petaluma Public Financing Corporation. (Mahoney) • Approval of Minutes of March 1, 2010; and, . • Status Report and Audited Financials for Fiscal Year 2009-10 Vote: 4/0 (Albertson, Harris, Kearney abstain) Petaluma City Council/PCDC Meeting Recap Page 2 Monday, March 7, 2011 RECONVENE REGULAR CITY COUNCIL/PCDC MEETING 3. UNFINISHED BUSINESS A. Resolution 201 1-035 N.C.S. Confirming Council Liaison Appointments. (Cooper) - Continued from the January 24, 2011 City Council Meeting. Vote: 7/0 4. NEW BUSINESS A. Appointments to City Boards, Commissions, and Committees. (Cooper) Resolution 201 1-03G N.C.S.: Name 2011 Representative Animal Services Advisory Committee Gabe Kearney Transit Advisory Committee Gabe Kearney Health Action Council Gabe Kearney Sonoma County Solid Waste Divestiture Project Gabe Kearney Alternate 2/28/15 Sonoma County Water Advisory Committee Gabe Kearney (WAC) (Alternate) Alden, David Vote: 7/0 4. NEW BUSINESS A. Appointments to City Boards, Commissions, and Committees. (Cooper) Resolution 201 1-03G N.C.S.: Name Appointed To Term Ending Moors, Paula Animal Services Advisory Committee 6/30/11 Moors, Paula Senior Advisory Committee 6/30/12 May, Tim Sonoma County Library Commission 2/28/15 Hallock, Mary Ann Transit Advisory Committee 6/30/11 Alden, David Transit Advisory Committee 6/30/12 Solomon, Ellen Tree Advisory Committee 6/30/11 On, Brian Youth Commission (youth member) 6/30/11 (option to renew for one additional ear Vote: 7/0 Resolution 201 1-037 N.C.S.: Name Appointed To Term Ending POK, Kenneth Yu Fai Technology & Telecommunications 6/30/12 AdvisoryCommittee Vote: 4/3 (Harris, Kearney, Renee "no") B. Presentation and Discussion of Financial Impact Report on the City's Future Costs of Offering Two Years Additional Service Credit under PERS to Miscellaneous, Police, and Fire Employees; and, Possible Direction to Grant Another Designated Period for Two Years Additional Service Credit. (Stephens/Brown) - Direction to staff to bring a resolution back at the March 2 1, 201 1 City Council Meeting to grant another designated period for two years additional service credit. Vote: 7/0 Petaluma City Council/PCDC Meeting Recap Page 3 Monday, March 7, 2011 C. Consideration of Private Placement Financing of up to $12 Million to Fund Transportation Improvement Projects, Including the Rainier Interchange Project, and Actions to Approve the Financing. Joint City CounciVPCDC Resolution 201 1-038 N.C.S. Authorizing the City Manager/Petaluma Community Development Commission Executive Director to Execute a Pass Through Agreement Amendment on Behalf of the Community Development Commission and the City; Resolution 201 1-039 N.C.S. Approving of Community Development Commission Issuance of Debt; PCDC Resolution 201 1-05 Authorizing Issuance and Sale of Debt; and Petaluma Public Financing Authority Resolution 201 1-1 Authorizing Purchase and Sale of Debt of the Community Development Commission, As Necessary and Appropriate for the Financing. (Danly) — Added with Revision No. I — Thursday, March 3, 201 1 . Vote: 7/0 ADJOURN — 9:30 p.m. Petaluma City Council/PCDC Meeting Recap Page 4 Monday, March 7, 2011 City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION/ �85a PETALUMA PUBLIC FINANCING AUTHORITY Monday, March 7, 2011 Regular Meeting 6:00 P.M. Closed Session 7:00 P.M. Evening Session KCV151on No. 1 — Thursday, March 3, 201 1' 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: Mayor: David Glass Vice Mayor: Mike Healy Council Members: Chris Albertson, Teresa Barrett, Mike Harris, Tiffany Ren6e 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 Call to Order Roll Call Public Comment on Closed Session Items Adjourn to Closed Session ORDER OF BUSINESS - EVENING SESSIONS Call to Order Roll Call Pledge of Allegiance Moment of Silence Agenda Changes & Deletions (Current Agenda Only) Proclamations Presentations Report Out of Closed Session (Actions) Public Comment Council Comment City Manager Comment Approval of Minutes All actions are made by the City Council, unless otherwise noted. PUBLIC PARTICIPATION Public Comment on Closed Session Items Approval of Proposed Agenda(s) 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 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 cityclerkQci.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. 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. Requests for translators or interpreters should be made a minimum of two full working days prior to a meeting to ensure the availability of these services. Please note that City Hall is closed on Fridays. 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/ PETALUMA PUBLIC FINANCING AUTHORITY Monday, March 7, 2011 Council Chambers, City Hall, 11 English Street, Pefaluma, California 94952 Regular Meeting Agenda 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, March 3, 20'1 1 MONDAY, MARCH 7, 2011 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION - 6:00 P.M. A. Roll Call Council Members Albertson, Barrett, Harris, and Ren6e; Mayor Glass; Vice Mayor Healy APPOINTMENT OF SEVENTH COUNCIL MEMBER Resolution Appointing Gabe Kearney to Fill Vacancy and Serve Unexpired Term Created by Election of David Glass as Mayor. (Cooper) SWEARING CEREMONY FOR NEW COUNCIL MEMBER The City Clerk will swear in newly -appointed Council Member Gabe Kearney. B. Roll Call Council Members Albertson, Barrett, Harris, Kearney, and Renee; Mayor Glass; Vice Mayor Healy CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant subdivision (b) of §54956.9 (California Government Code): one potential case. Existing facts and circumstances that support that a significant exposure to litigation exists are reflected in requests for additional compensation submitted by Kiewit Pacific Company to the City concerning the Ellis Creek Water Recycling Facility project. Compensation requests will be made available for public inspection on request. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: Baywood, LLC, vs. City of Petaluma, et al., Sonoma County Superior Court No. SCV 243426. - Added with Revision No. 1 - Thursday,'' March 3, 201 1 . L� 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. Requests for translators or interpreters should be made a minimum of two full working days prior to a meeting to ensure the availability of these services. Please note that City Hall is closed on Fridays. 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. Petaluma City Council/PCDC Meeting Agenda Page 2 March 7, 2011 • CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of §54956.9: One potential case.— Added with Revision No. I - Thursday, March 3, 201 1. 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 MONDAY, MARCH 7, 2011 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7:00 P.M. A. Roll Call Council Members Albertson, Barrett, Harris, Kearney, and Renee; Mayor Glass; Vice Mayor Healy B. Pledge of Allegiance C. Moment of Silence AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) PRESENTATION • FY 09-10 CAFR Presentation (30 minutes) REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 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 1. APPROVAL OF PROPOSED AGENDA A. Approval of Revised Proposed Agenda for Regular, City Council/PCDC Meeting of Monday, March 21, 2011. Revision No. I Thursday, March 3, 201 1 2. CONSENT CALENDAR A. Resolution to Approve Claims and Bills for January 2011. (Mahoney) B. Resolution Approving the Project Budget and Authorizing Award of Contract for Installation of Pilot Controlled Lighting and Replacement of the Rotating Beacon at the Petaluma Municipal Airport. (Patterson) Petaluma City Council/PCDC Meeting Agenda Page 3 March 7, 2011 C. Adoption (Second Reading) of Ordinances Amending Ordinances 2386, 2387, 2388, 2389, 2390 N.C.S. to Change Certain Appropriations for the Operations for the City of Petaluma from July 1, 2010 to June 30, 2011. (Mahoney) D. Resolution Amending the Classification and Compensation Plan by Establishing the New Classification and Pay Range of Director of Public Works and Utilities, Abolishing the Classifications of Director of Public Works and Director of Water Resources and Conservation and Authorizing the Position Allocation of Director of Public Works and Utilities. (Brown/Stephens) E. Resolution Authorizing the Position Allocation of Building Inspector I in the Building Services Division. (Brown/Stephens) ADJOURN TO ANNUAL MEETING OF THE PETALUMA PUBLIC FINANCING CORPORATION Annual Meeting of the Petaluma Public Financing Corporation. (Mahoney) • Approval of Minutes of March 1, 2010; and, • Status Report and Audited Financials for Fiscal Year 2009-10 RECONVENE REGULAR CITY COUNCIL/PCDC MEETING 3. UNFINISHED BUSINESS A. Resolution Confirming Council Liaison Appointments. (Cooper) - Continued from the January 24, 2011 City Council Meeting. 4. NEW BUSINESS A. Appointments to City Boards, Commissions, and Committees. (Cooper) B. Presentation and Discussion of Financial Impact Report on the City's Future Costs of Offering Two Years Additional Service Credit under PERS to Miscellaneous, Police, and Fire Employees; and, Possible Direction to Grant Another Designated Period for Two Years Additional Service Credit. (Stephens/Brown) C. Consideration of Private Placement Financing of up to $12 Million to Fund Transportation Improvement Projects, Including the Rainier Interchange Project, xecutive Director to Execute a Pass Through Agreement Amendment on Behalf )f the Community Development Commission and the City; Adoption of A City :�ouncil Resolution Approving of Community Development Commission Issuance )f Debt; Adoption of a Community Development Commission Resolution kuthorizing Issuance and Sale of Debt; and Resolution of the Petaluma Public =inancing Authority Authorizing Purchase and Sale of Debt of the Community )evelopment Commission, As Necessary and Appropriate for the Financing. Danly) Added with Revision No. I - Thursday, March 3, 201 1 ADJOURN Petaluma City Council/PCDC Meeting Agenda Page 4 March 7, 2011 REVISED TENTATIVE AGENDA All Regular Meetings include Closed Session at 6:00 p.m. unless otherwise stated. Revsion`'No, I Thursday, March 3, 20`1`1 MONDAY, MARCH 21, 2011 — EVENING — 7:00 PM Regular Meeting PRESENTATION SMART: Joint Development Process for Downtown Petaluma Property - Added with Revision No. I -Thursday, March 3 201 1 CONSENT CALENDAR Resolution to Receive and File the City's Treasurer's Report for the Period Ending December 31, 2010. (Mahoney) - Added with Revision No. I Thursday, March 3, 201 1. Resolution Declaring That Weeds Growing Upon Parcels of Public and Private Property Constitute and Are a Public Nuisance and Require Abatement and Setting Public Hearing for Objections. (Anderson/Fergus) Resolution Authorizing Purchase of 200 Residential Smart Irrigation Controllers for New SmartYard Program. (Tuft/Scherzinger) Resolution Approving the Purchase of One (1) 2011 F-550 Maintenance Truck with Service Body and Crane in the amount of $102,718.33 from Corning Ford, Corning CA and One (1) John Deere 27D Excavator in the amount of $38,308.05 from Pape Machinery, Rohnert Park, CA. (Tuft) Wording changed with Revision No. I - Thursday, March 3, 201 1 . NEW BUSINESS Presentation of Petaluma Gateway Features Proposed for Old Redwood Highway and Petaluma Blvd. South Bridges and Resolution Approving Installation of Same for Old Redwood Highway. (Zimmer/Lackie) ReSGIYtieR APPFGViRg Petaluma Refuse & Recycling, Ince. Rate Period 5 and 6 Compensation and Rates (ZiMMeF/I GGkie)'- Removed and will return at a later date to be determined with Revision No. I - Thursday, March 3, 201 1 Discussion and Possible Introduction (First Reading) of an Ordinance Authorizing the Expenditure of $82,000, Plus Costs and Fees, to Purchase Right -of -Way from Consolidated Industries, Inc. in Connection with the Lynch Creek Trail Project, and Authorizing the City Manager to Execute All Required Documents. (Zimmer) Resolution Authorizing Award of Contracts for Landscape Assessment Districts and City of Petaluma Right of Way Landscape Maintenance. (DeNicola) UNFINISHED BUSINESS Mid -Year Budget Review and FY 2011-12 Budget Development. (Brown) - Continued from the February 28, 2011 City Council Meeting.