HomeMy WebLinkAboutStaff Report 1.B 12/01/20081
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December 1, 2008
w� a L o`Lr
a0� City of Petaluma, California
MEETING OF THE CITY COUNCIL/
r&6a PETALUMA COMMUNITY DEVELOPMENT COMMISSION
Draft City Council/PCDC Minutes
Monday, November 17, 2008
Regular Meeting
NOVEMBER 17, 2008
CLOSED SESSION
CALL TO ORDER - CLOSED SESSION - 6:00 P.M.
A. Roll Call
Present: Teresa Barrett, Samantha Freitas, Karen Nau, Mike O'Brien,
David Rabbitt, Pamela Torliatt
Absent: Mike Harris
Mayor Torliatt noted that Council Member Harris was unable to attend.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
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.
NOVEMBER 17, 2008
EVENING SESSION
CALL TO ORDER - EVENING SESSION - 7:00 P.M.
A. Roll Call - 7:13 P.M.
Present: Teresa Barrett, Samantha Freitas, Karen Nau, Mike O'Brien,
David Rabbitt, Pamela Torliatt
Absent: Mike Harris
Mayor Torliatt noted that Council Member Harris was unable to attend.
B. Pledge of Allegiance
Larry Zimmer, Public Works Department
Vol. XX, Page 2
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C. Moment of Silence
November 17, 2006
REPORT OUT OF CLOSED SESSION - Actions Taken
None.
PROCLAMATION
Comcast Cares Day
Mayor Torliatt
Paul Gibson, Comcast
PUBLIC COMMENT
Richard Brawn, Petaluma, spoke in opposition to the Ridgeview project being scheduled for a
Council Meeting in December as he thought people would be busy getting ready for the
holidays.
Robert Nasser, Petaluma, said he works for United States Postal Service in Santa Rosa six days a
week. He came to Petaluma on his day off to meet his friend. They were sitting in Putnam Plaza
talking when a police officer confronted them, made them sit on the curb, and shined his
flashlight in their eyes. He had no idea that the plaza was designated a City park, or that it was
illegal to be there after 9:00 p.m. He said the officer was not interested in his explanation and
issued him a $100 ticket. He later learned it would cost him $200 (non-refundable) to appeal the
ticket. He said he understands the purpose of the law, but he feels he was treated unfairly, and
should have been given a warning by the officer, so that he would know what the rules were in
the future.
Keith (Last Name Not Provided), Petaluma, said he is the friend Mr. Nasser met in Putnam Plaza.
He said he also had no idea Putnam Plaza was a park. He read in the Petaluma Municipal Code
that parks are to have signs posted at all four corners stating that it is illegal to be in the park at
certain times, and the signs in Putnam Plaza do not contain that language, and are shielded by
trees. He thinks it's wrong to have to pay $200 to fight a $100 ticket. He added that Starbucks,
which is next to the Plaza and has an entrance on the Plaza, is open until 10 p.m., yet the park
closes at 9:00 p.m.
John Cheney, Petaluma, expressed concerns about the Basin Street project currently underway,
which he does not think is in compliance with the EIR. He also spoke about the area behind the
homes on Rocca Drive, which are easements connected with the Army Corps of Engineers
Flood Project. He was told that when the project was complete, it might be possible for
homeowners to extend their back fences into these easements. He would like to do so.
Mayor Torliatt
Mr. Cheney
Mayor Torliatt
Zen Destiny, Petaluma, said, "If all we can do is define the problem, maybe we're part of the
problem. "
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November 17, 2008
Vol. XX, Page 3
Shelley Campbell, Petaluma, spoke regarding Pinnacle Ridge, said the Planning Commission is
very rude.
Katherine Bobrowski, Petaluma, brought a letter signed by residents of her mobile home park
saying that the park management is not enforcing the rules for "certain minority residents"
regarding parking, dogs on leashes, loud music, etc.
COUNCIL COMMENT
Council Member Nau
Council Member Barrett
Council Member Freitas
Vice Mayor Rabbitt
Mayor Torliatt
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,
Motion: Approve A. Minutes of Regular PCDC/City Council Meeting of November
3, 2008, as presented.
Moved by Mike O'Brien, seconded by David Rabbitt.
Vote: Motion carried 6-0
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Revised Proposed Agenda for Regular PCDC/City Council Meeting of
December 1, 2008. - Revision No. 2 - Monday, November 17, 2008.
Mayor Torliatt
Vol. XX, Page 4
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3.
November 17, 2008
Council Member Barrett
City Attorney Danly
Council Member Barrett
Mayor Torliatt
Council Member Barrett
City Attorney Danly
Council Member Barrett
City Clerk Cooper
Mayor Torliatt
Council Member Barrett
City Clerk Cooper
Motion: Approve A. Revised Proposed Agenda for Regular PCDC/City Council
Meeting of December 1, 2008, with the addition to the item regarding removal of
non -participatory committee members possible reduction of the number of
members necessary for a quorum of the Pedestrian and Bicycle Advisory
Committee.
Moved by Mike O'Brien, seconded by Karen Nau.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
CONSENT CALENDAR
A. Resolution 2008-211 N.C.S. Approving Development of a Regional Climate
Protection Coordination Plan and the Initial Framework for Implementation.
(Brown) - Removed for discussion.
B. 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)
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November 17, 2008
Vol. XX, Page 5
C. Resolution 2008-212 N.C.S. Amending the Schedule of Penalties for Administrative
Citations for Violations of the Petaluma Municipal Code. (Moore/Garcia) -
Removed for discussion.
D. Resolution 2008-208 N.C.S. Authorizing Change Order One for the Hopper Street
Pavement Rehabilitation Project No. F00228506. (Marengo/Lockie)
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)
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)
- Removed for discussion.
G. Resolution 2008-210 N.C.S. Fixing the Employer's Contribution Under the Public
Employees' Medical and Hospital Care Act. (Brown/Robbins)
Mayor Torliatt asked to remove Items 3.A and 3.0 for discussion.
Council Member Barrett asked to remove Item 3.F for discussion.
Motion: Approve CONSENT CALENDAR Items 3.8, 3.1), 3.E, and 3.G
Moved by Mike O'Brien, seconded by Karen Nau.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
Public Comment on Item 3.A
Zen Destiny, Petaluma, warned Council that "The government is messing with the
weather."
Mayor Torliatt
Motion: Approve A. Resolution 2008-211 N.C.S. Approving Development of a Regional
Climate Protection Coordination Plan and the Initial Framework for Implementation, with
the clarification that the Executive Summary and Plan Chart included with the staff
report be made attachments to the resolution.
Moved by Mike O'Brien, seconded by Samantha Freitas.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
Vol. XX, Page 6 November 17, 2008
David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
Public Comment on Item 3.0
Zen Destiny, Petaluma, told Council, "This manner of generating revenue is a waste of
your most precious commodity- the goodwill of the community."
Mayor Torliatt
Council Member Barrett
Motion: Approve C. Resolution 2008-208 N.C.S. Amending the Schedule of Penalties for
Administrative Citations for Violations of the Petaluma Municipal Code.
Moved by Teresa Barrett, seconded by Karen Nau.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
Council Member Barrett (Item 3.F)
Larry Zimmer, Capital Improvements Division Manager, Public Works Department
Council Member Barrett
Mr. Zimmer
Council Member Barrett
Mr. Zimmer
Vice Mayor Rabbitt
Mr. Zimmer
Vice Mayor Rabbitt
City Manager Brown
Council Member O'Brien
Mayor Torliatt clarified that should the application be approved, staff will return to
Council for approval of the project budget.
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4.
November 17, 2008
Mr. Zimmer
Vol. XX, Page 7
Motion: Approve 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.
Moved by Mike O'Brien, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes:
Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
David Rabbitt; Pamela Torliatt
No:
None
Abstain:
None
Absent:
Mike Harris
NEW BUSINESS
A. Resolution 2008-214 N.C.S. Approving the Memorandum of Understanding
Regarding the Sonoma Marin Water Saving Partnership. (Ban)
Water Resources and Conservation Director Mike Ban
Vice Mayor Rabbitt
Director Ban
Vice Mayor Rabbitt
Mayor Torliatt
Motion: Approve A. Resolution 2008-214 N.C.S. Approving the Memorandum of
Understanding Regarding the Sonoma Marin Water Saving Partnership.
Moved by David Rabbiff, seconded by Teresa Barrett.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
B. Discussion of MOU with Nissan Motor Company, Ltd. Regarding Electric Vehicle
Program for Sonoma County Cities and Resolution 2008-215 N.C.S. Authorizing
City Manager to Execute Non -Disclosure Agreement with Nissan Motor Company,
Ltd. in Substantial Conformity with Attached Exhibit A. (Brown/Donly) - Wording
revised and staff report provided with Revision No. I on Thursday, November 13,
2008
Mayor Torliatt
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Vol. XX, Page 8
5.
November 17, 2008
Council Member Freitas
City Manager Brown
Council Member Freitas
City Manager Brown
Council Member Freitas
Council Member O'Brien
Mayor Torliatt
City Attorney Danly
Council Member O'Brien
Vice Mayor Rabbitt
Council Member Freitas
Motion: Approve Resolution 2008-215 N.C.S. Authorizing City Manager to Execute
Non -Disclosure Agreement with Nissan Motor Company, Ltd, in Substantial
Conformity with Attached Exhibit A.
Moved by Teresa Barrett, seconded by Samantha Freitas.
Vote: Motion carried 6-0.
Yes:
Teresa Barrett; Samantha Freitas; Karen Nou; Mike O'Brien;
David Rabbitt; Pamela Torliatt
No:
None
Abstain:
None
Absent:
Mike Harris
PUBLIC HEARING
A. Public Hearing on the Formation of an Underground Utility District on Petaluma
Boulevard North/Stony Point Road/Industrial Avenue and Resolution 2008-216
N.C.S. Approving Formation of the Petaluma Boulevard/Industrial Avenue
Underground Utility District. (Marengo/Zimmer)
Mayor Torliatt
Vice Mayor Rabbitt
Mayor Torliatt opened PUBLIC HEARING.
David Swaney, Petaluma, said he was confused about what this district is, and
needed some clarification.
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November 17, 2008
Vol. XX, Page 9
Katherine Bobrowski, Petaluma, wanted to know if something went wrong
wouldn't the underground utilities, wouldn't they have to be dug up? Was this
more expensive?
Mayor Torliatt closed the PUBLIC HEARING.
Larry Zimmer, Capital Improvements Division Manager, Public Works Department
Mayor Torliatt
Mr. Zimmer
Vice Mayor Rabbitt
Mr. Zimmer
Vice Mayor Rabbitt
Motion: Approve A. Resolution 2008-216 N.C.S. Approving Formation of the
Petaluma Boulevard/Industrial Avenue Underground Utility District.
Moved by David Rabbitt, seconded by Samantha Freitas.
Vote: Motion carried 6-0.
Yes: Teresa Barrett; Samantha Freitas; Karen Nau; Mike O'Brien;
David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: Mike Harris
ADJOURN
The meeting was adjourned at 8:31 p.m.
ATTEST:
Claire Cooper, CMC, City Clerk
Pamela Torliatt, Mayor