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HomeMy WebLinkAboutCity Council/PCDC Minutes 02/01/20101 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 R L U City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION Y85a City Council/PCDC Minutes Monday, February 1, 2010 Regular Meeting MONDAY, FEBRUARY 1, 2010 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION - 6:00 P.M. A. Roll Call Present: Teresa Barrett; David Glass; Mike Healy; David Rabbitt; Tiffany Ren6e; Pamela Torliatt Absent: Mike Harris • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: Regency Centers Corporation v. City of Petaluma, Sonoma County Superior Court No. SCV 246634. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: John W. Rittenhouse, III, Kathleen C. Miller, and Spence F. Burton v. Petaluma City Council, City of Petaluma and Does 1 through 100, inclusive, Sonoma County Superior Court No. SCV 245604. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: Baywood LLC v. City of Petaluma, Sonoma Superior Court No. SCV 243426. • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: 1 potential case. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ADJOURN TO CLOSED SESSION MONDAY, FEBRUARY 1, 2010 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7-t00 7:10 P.M. A. Roll Call Present: Teresa Barrett; David Glass; Mike Nealy; David Rabbitt; Tiffany Ren6e; Pamela Torliatt Absent: Mike Harris Vol. 45 Page 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 B. Pledge of Allegiance Phillip Riley, Argus -Courier C. Moment of Silence February 1, 2010 Mayor Torliatt asked that the meeting be adjourned in memory of Peter John Candage, Petaluma. AGENDA CHANGES AND DELETIONS - Changes to current agenda only. The presentation by the Matrix Consulting Group was cancelled and will be rescheduled. PRESENTATIONS Presentation by Nicole Kissarn ef the MGtFIX Consulting Group eR the Overhead Cos Allocation Plan, CIP OveFhead Rate Study, Calculation ef Overhead HOUFIY Rates GRd Use FeT�Tudf - This presentation was cancelled and will be rescheduled. Introduction to Operation Lifesaver (Railroad Safety) Mike Pechner, Advisory Council, Metropolitan Transportation Commission, Oakland Mayor Torliatt Mr. Pechner Council Member Healy Mr. Pechner REPORT OUT OF CLOSED SESSION - Actions Taken City Attorney Danly announced that Council, by unanimous vote of those present (5/0), gave direction to the City Manager to execute a settlement agreement in the matter of John W. Rittenhouse, et at., which disposes of the litigation, requires that it be dismissed with prejudice, and provides for payment of attorney's fees by the City in the amount of $3,000. PUBLIC COMMENT Keith Kay, Petaluma, stated that he is not in support of a Target store in Petaluma. Zen Destiny, Petaluma, quoted a poem by Emma Lazarus, which in inscribed on the Statue of Liberty, called "The New Colossus." Wayne Clark, Petaluma, stated that he was very busy the past week at the Board of Supervisor's meeting speaking about "Dutra and their propaganda." Katherine Bobrowski, Petaluma, said that she called the police and stayed on the phone for over four hours and the police never showed up. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Andrew Packard, on behalf of Petaluma Tomorrow, Petaluma, spoke about the City's campaign finance ordinance and brought forth their review of the Council's compliance with the law. They further alleged that violations were incurred by Council Member Rabbitt. PROCLAMATION Eating Disorders Awareness Week - February 1 - 6 Mayor Torliatt Michelle E. Minero, MFT, Petaluma Mayor Torliatt Ms. Minero COUNCIL COMMENT Council Member Renee Council Member Healy Mayor Torliatt City Attorney Danly Council Member Healy Mayor Torliatt City Attorney Danly Mayor Torliatt Council Member Healy Council Member Rabbitt Vice Mayor Glass CITY MANAGER COMMENT None. APPOINTMENTS • Recommendation to the Mayors' & Councilmembers' Association on Appointments to the Sonoma County Child Care Planning Council Committee and the Executive Board of the North Bay Division of the League of California Cities. (Brown) Motion: Approve Resolution 2010-017 N.C.S. Recommending Appointments to the Mayors' and Councilmembers' Association to Fill the Vacancies on the Board of Directors for the Sonoma County Child Care Planning Council Committee and the Executive Board of the North Bay Vol. 45 Page 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 February 1, 2010 Division of League of California Cities, to Recommend Appointment of Kathleen Shaffer, Council Member from Sebastopol, to the Executive Board of the North Bay Division of League of California Cities. Moved by Teresa Barrett, seconded by Tiffany Renee. Vote: Motion carried 6-0. Yes: Teresa Barrett; Mike Healy; David Glass; Mike Healy; David Rabbitt; Tiffany Renee; Pamela Torliatt No: None Abstain: None Absent: Mike Harris 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, January 4, 2010. Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of Monday, January 4, 2010, as presented. Moved by David Glass, seconded by Teresa Barrett. Vote: Motion carried 6-0. Yes: Teresa Barrett; Mike Healy; David Glass; Mike Healy; David Rabbitt; Tiffany Renee; Pamela Torliatt No: None Abstain: None Absent: Mike Harris 2. APPROVAL OF PROPOSED AGENDAS A. Approval of Proposed Agenda for Special City Council/PCDC Meeting of Monday, February 8, 2010. B. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of Monday, February 22, 2010. Motion: Approve A. Proposed Agenda for Special City Council/PCDC Meeting of Monday, February 8, 2010; and, B. Proposed Agenda for Regular City Council/PCDC Meeting of Monday, February 22, 2010, as presented. Moved by Teresa Barrett, seconded by David Glass. Vote: Motion carried 6-0. Yes: Teresa Barrett; Mike Healy; David Glass; Mike Healy; David Rabbitt; Tiffany Renee; Pamela Torliatt No: None Abstain: None 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 3. 4. Absent: Mike Harris CONSENT CALENDAR A. Resolution 2010-018 N.C.S. Accepting Claims and Bills for December 2009. (Sato) B. Resolution 2010-019 N.C.S. Ratifying Memorandum of Understanding Executed By the Duly Authorized Representatives of the City and the Peace Officers' Association of Petaluma for Employees of Unit 6 (Police). (Brown/Robbins) C. Adoption (Second Reading) of Ordinance 2364 N.C.S. for Approval of the Prezoning/Rezoning and Revised Development Standards for Ellis Creek Water Recycling Facility a Prezoning of Parcel 019-330-009 to Planned Community District (PCD) with a Floodplain Overlay Adjacent to 4104 Lakeville Highway. (Ban/Scherzinger/Tuft) Motion: Approve CONSENT CALENDAR Items 3.A, 3.11, and 3.C. Moved by Teresa Barrett, seconded by David Glass. Council Member Healy Vote: Motion carried 6-0. Yes: Teresa Barrett; Mike Healy; David Glass; Mike Healy; David Rabbitt; Tiffany Renee; Pamela Torliatt No: None Abstain: None Absent: Mike Harris NEW BUSINESS A. Resolution 2010-020 N.C.S. Adding a Council Liaison as a Voting Member of the Petaluma Youth Commission and Repealing and Updating Enabling Legislation for the Petaluma Youth Commission; and Resolution 2010-021 N.C.S. Appointing Tiffany Renee as Council Liaison to the Youth Commission for the Calendar Year 2010. (Cooper/Danly) Motion: Approve A. Resolution 2010-020 N.C.S. Adding a Council Liaison as a Voting Member of the Petaluma Youth Commission and Repealing and Updating Enabling Legislation for the Petaluma Youth Commission. Moved by David Glass, seconded by David Rabbitt. Vote: Motion carried 6-0. Yes: Teresa Barrett; Mike Healy; David Glass; Mike Healy; David Rabbitt; Tiffany Renee; Pamela Torliatt No: None Abstain: None Absent: Mike Harris Vol. 45 Page 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 L:' February 1, 2010 Introduction (First Reading) of Ordinance 2365 N.C.S. Repealing and Replacing Enabling Legislation for the City of Petaluma Tree Advisory Committee. (Cooper/Danly) Council Member Renee City Attorney Danly Motion: Approve B. Introduction (First Reading) of Ordinance 2365 N.C.S. Repealing and Replacing Enabling Legislation for the City of Petaluma Tree Advisory Committee. Moved by Tiffany Renee, seconded by Teresa Barrett. Vote: Motion carried 6-0. Yes: Teresa Barrett; Mike Healy; David Glass; Mike Healy; David Rabbitt; Tiffany Ren6e; Pamela Torliatt No: None Abstain: None Absent: Mike Harris Council then returned to Item 4.A to vote on the second resolution in the item: Motion: Approve A. Resolution 2010-021 N.C.S. Appointing Tiffany Renee as Council Liaison to the Youth Commission for the Calendar Year 2010. Moved by David Glass, seconded by Teresa Barrett. Vote: Motion carried 6-0. Yes: Teresa Barrett; Mike Healy; David Glass; Mike Healy; David Rabbitt; Tiffany Ren6e; Pamela Torliatt No: None Abstain: None Absent: Mike Harris ADJOURN TO CLOSED SESSION Council re -adjourned to CLOSED SESSION at 8:10 p.m. REPORT OUT OF CLOSED SESSION - Actions Taken None. ADJOURN CLOSED SESSION was adjourned at 8:28 p.m. in memory of Peter John Candage, Petaluma. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: /S/ Claire Cooper, CMC, City Clerk /S/ Pamela Torliatt, Mayor