HomeMy WebLinkAboutStaff Report 03/26/2001 (13) DRAFT DRAFT DRAFT
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1 City of Petaluma, California
2 Draft Minutes of a Special Meeting
3 Monday, March 12, 2001
4' •
5
5 The Petaluma City Council met on this date at 5:30 p.m. In the Council Chambers.
8 ROLL CALL
9
10 PRESENT: Council Members Healy, Moynihan, O'Brien, Torliatt*, Mayor Thompson
11
12 ABSENT: Vice Mayor Cader-Thompson; Council Member Maguire
13
14 Clerk's Note: Council Member Torliatt left the Closed Session at 6:15 P.M.
15
16 PUBLIC COMMENT
17
is None
19
20 CLOSED SESSION
21
22 Mayor Thompson announced that Council would adjourn to Closed Session to address the
2.3 following items:
24 •
W 5 CONFERENCE WITH'LABOR NEGOTIATOR- Pursuant to Subdivision (a)of Government
26 Code § 54957.6. Agency Negotiator: City Manager. Unrepresented Employee: City
27 Attorney.
28
29 CONFERENCE WITH REAL PROPERTY NEGOTIATOR- Pursuant to Government Code
30 § 54956.8. Property: 101 North McDowell Boulevard (APN 007-340-006); Negotiation
31 Parties' City of Petaluma and Maria Novak and Martha Thorup. Under Negotiation: Price
32 and Terms.
33
34 CONFERENCE WITH LEGAL COUNSEL-Anticipated Litigation, Significant Exposure to
35 Litigation Pursuant to (b) of Government Code § 54956.9. (Two Matters)
36
37 CONFERENCE WITH LEGAL COUNSEL- Existing Litigation, Pursuant to Subdivision (a)
3 8 of Government Code§ 54956.9, City of Petaluma vs. Olmstead, Sonoma County Superior
39 Court Case No. 223404.
40
41 ADJOURN
42
43 Council adjourned to Closed Session at 5:35 p.m.
44
45
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Draft Minutes of.a Special;Meeting of the Petaluma City Council-,Monday, March 12,2001
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2 RECONVENE
3 •
4 The Petaluma City Council reconvened its Special Meeting at 7:10 p.m. in the Council
5 Chambers.
6
7 ROLL CALL
8
9 PRESENT: Council Members Healy, Moynihan, O'Brien; Vice Mayor Cader-Thompson;
10 Mayor Thompson
11
12 ABSENT: Council Members Maguire, Torliatt
13
14 REPORT OUT OF CLOSED SESSION
15
16 Mayor Thompson announced the following action taken in Closed Session:
17
18 "Council scheduled a Special Meetings specifically a public hearing,to consider adoption.of
19 findings of fact pursuant to the California Environmental Quality Act (CEQA) related to the
20 11th Amended Agreement for Water Supply (Amendment 11) and to ratify,City Council's
21 approval of Amendment 11 taken January 22, 2001, to take place on March 22,'2061', at
22 7:00 P.M:, at City Hall, 11 English Street, in the Council Chambers."
23 p
24 SEMINAR
25 •
26 Fair Political Practices,Commission (FPPC) Seminar:Presentation by Scott Tocher of the
27 FPPC Moderated by Petaluma City Attorney Richard Rudnansky.
28
29 City Attorney Rich Rudnansky introduced Scott Tocher, Fair Political Practices Commission
30 Attorney,. He noted that Mr. Toucher was a graduate of California State University
31 Sacramento with a major in Government and received his law degree,from McGeorge. He
32 has been employed by the F.P.P.C. since 1998: His current responsibilities with the
33 F.P.P.C. include Government Relations, Lobbying, and Counsel for the Commission's legal
34 division.:.
35
3 6 Scott Toucher, Attorney, overviewed the Political Reform Act(PRA), the Commission's role
37 and proceeded with his,presentation, responding to questions from in attendance as
38 they were.raised. Thirty-five persons attended. Mr. Toucher provided the toll free number
39 for the F.P.P.C., 1-800-ASK- FPPC, recommended the,Commission's website as a good
40 resource, and left his business card with the City Attorney, should anyone be interested in
41 contacting him directly. •
42
43 Recess: 9:00 P.M.
44
45 Reconvene: 9:05 P.M.
46
47 ROLL'CALL •
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Draft Minutes of aSpecial Meeting of the Petaluma City Council-Monday,March 12,2001
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1 PRESENT: Council Members Healy, Moynihan, O'Brien; Vice Mayor Cader-Thompson;
2 Mayor Thompson
• 3
4 ABSENT: Council.Members:Maguire, Torliatt
5
6 REPORT OUT OF CLOSED SESSION
7 •
8 Mayor Thompson announced, again, the following action taken in Closed Session:
9
10 "Council scheduled a Special Meeting/specifically a public;hearing,to consider adoption&of
11 findings of fact pursuant to the California Environmental Quality Act (CEQA) related to the
12 11th Amended Agreement for Water'Supply (Amendment 11)and to ratify City Council's
13 approval of Amendment 11 taken January 22, 2001, to take place on March 22, 2001, at
14 7:00 P.M., at City Hall, 11 English Street, in the Council Chambers."
15
16 PUBLIC COMMENT - 9:00 P.M.
17
18 Bill Phillips, 824 Blossom, spoke regarding Consent Calendar gravel mining from the
19 Russian River.
20
21 Terence Garvey, 83 Maria Drive, spoke regarding'studies and finances relative to the City's
22 water recycling facility.
23
24 Wayne Vieler, Planning Commissioner, asked the Council to provide direct to the City
i5 Attorney to attend a Planning.Commission meeting and that the City's Zoning Director's
26 interpretation be provided;tothe Planning Commission;at their second regularly scheduled
27 meeting at the end of March.
28
29 Council concurred that the item returns on an agenda for Council discussion at the next
30 Council meeting.
31
32 Geoff Cartwright, 56 Rocca Drive, asked that complete disclosure by Council Member
33 Moynihan of his financial interests'be made available to the public in light of the seminar
34 that had just taken place.
35 -
36 CORRESPONDENCE
37
38 None
39
40 COUNCIL COMMENTS AND LIAISON REPORTS
41
42 Vice Mayor Cader-Thompson spoke regarding Assembly.Bill 227 and shifting gas tax and
43 asked Council to discuss whether they wanted to endorse the legislation.
44
45 Council Member O'Brien reported on the Downtown Association meeting he attended
ak46 regarding the filmmakers and the 35th Anniversary of McGoo's Restaurant.
gir
48 CITY MANAGEMENT COMMENTS
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Draft'Minutes:of a special Meeting of the Petaluma City Council-Monday, March 12,2001
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2 None
3 •
4 AGENDA CHANGES, ADDITIONS, AND DELETIONS
s
6 None
7
a CONSENT CALENDAR
9
10 Council Member Moynihan asked:'that Consent Calendar item.5, 9 and 11 be.removed
11 from Consent for discussion/comment.
12
13 MOTION: Council Member Healy.moved, seconded by Cader-Thompson,to approve
14 Consent'Calendar Items 1 through'4 and Item 6.
15
16 MOTION
17 PASSED: 5/0/2 (Maguire, Torliatt absent)
18 •
19 1. Resolution 2001-053 N.C.S. Certifying City of Petaluma Would Sustain Its Level of •
2 o Expenditures for Transportation.Purposes. (Thomas)
21
22 2. Resolution 2001-054 N.C.S. Authorizing,the Treasurer of the City of Petalumato Invest
23 Surplus Funds in Shares of the California Asset Management Trust and in Individual
24 'Portfolios. (Thomas)
25 •
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26 3.' Resolution 2001-055 N.C.S. Approving Adoption of California Public Employees'
27 Deferred Compensation Plan. (Thomas)
28
29 4. Ordinance'2110 N,C.S, (Second Reading),Amending Ordinance 2101 N.C.S.,Adopting
30 Mid-Year'Budget Amendments'for FY 2000/2001. (Thomas)
3'1
32 6. Resolution 2001-056 N.C.S. Approving the Final Map for the Pinnacle Heights
33 (Formerly Maxwell) Subdivision. The Project Would Create Fourteen Single-Family
34 Residential Lots as Well as Three New PrivateStreets Designated as'Pinnacle Drive,Tree
35 Haven Lane, and Tilden Lane.'(Moore/Bates)
36
37 End of Consent
38
39 Removed from Consent:
40
41 5. Status Report Regarding,Street Needs Program and Financial Plan Being Prepared by
42 Public Facilities Director.
43
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44 Council Member Moynihan noted that Petaluma had the lowest rating of all the cities,inthe
45 index referred to by City Management. He asked that City Management;to consider where
46` to make budget cuts to come up with the funds to improve the condition of the City's
47 streets. •
48
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Draft Minutes of a Special Meeting of the Petaluma City Council-Monday, March 12,2001
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1 MOTION': Council Member Moynihan moved, seconded by Cader-Thompson to accept
2 the status report.
• 3
4,
5 MOTION I
6 PASSED: 5/0/2 (Maguire, Torliatt absent)
7
8 Clerk's Note:The following asterisked.(*:) items, if approved,will bean acknowledgement
9 of Council's acceptance of the status reports and or proposals provided as underlying
10 documentation for each numbered item.
11
12 City Manager Fred Stouder stated that he thought it'helpful to provide a status report and
13 anticipated dates that the-following items would come before the Council.
14 I
15 7. *Discussion and Possible Direction Regarding Regional Water Policies and Programs.
16 (Hargis)
17
18 8. *Discussion and Possible Direction Regarding Potential Bond Financing for Parks
19 Development and Status of'Parks & Recreation Study. (Carr)
20
21 9. *Discussion and Possible Direction on Campaign Finance Ordinance. Council Member
22 Mike Healy has a revised draft he will circulate to the Council; item is scheduled for the
23 April 2, 2000 evening meeting: (Rudnansky/Stouder)
24
05 Council Member Moynihan noted that Council Member Healy drafted language for a
26 revised campaign finance ordinance and that he had read it He wanted it to return'to
27 Council on April 2 together with a copy of the City of Santa Rosa's recently adopted
2,8 campaign finance legislation. He noted that he wanted to repeal the existing ordinance and
29 establish a new one.
30
31 MOTION: Council Member Moynihan moved, seconded by O'Brien, to repeal the
32 existing ordinance at the.April 2.meeting and discuss verbiage for a new
33 ordinance and direct City Management to prepare the ordinance accordingly.
34
35 MOTION
36 PASSED: 5/1/2 .(Cader-Thompson voting no; Maguire Torliatt absent)
37
38 10. *Discussion and Possible Direction on Russian River Gravel Mining. Proposed
39 Ordinance to Ban-Russian River Gravel within Petaluma City Limits (Hargis).
40
41 Council Member Healy'asked that no more staff work'be done and/or drafting of proposed
42 legislation be done on this item. He wanted it to return to Council for discussion at the
43 Council's regular meeting scheduled for April 16; a preliminary discussion and possible
44 direction to CityManagement.
45
46 MOTION: Council Member Healy moved, seconded by Cader-Thompson, to have the
7 item advertised to return on Council's agenda for April 16th for a preliminary
48 discussion and possible direction to City Management.
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Draft Minutes of.a Special Meeting;of the Petaluma City Council-Monday,March 12,2001
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2 MOTION
3 PASSED: 5/0/2 (Maguire, Torliatt absent) •
4
5 11 . *Discussion and Possible Direction Regarding Appointment of Citizen Advisory
6 Committee for City Investment Policy. (Thomas)
7
a Council Member Moynihan supported Finance Director Thomas's recommendation to
9 create a City Investment Policy Committee and asked that he come up with asuggestion of
10 a few candidates to serve as members of the committee.
11
12 Vice Mayor Cader-Thompson did not believe it was efficient for the City to formalize a
13 committee; if Council moved forward'with .a committee, she wanted a selection process
14 established.
15
16 Council Member Moynihan asked that the Finance Director return to Council with
17 recommendations for a formal committee, and that the City Clerk, proceed with a
18 recruitmentprocess, pursuant to the provisions of the Maddy Act, and do the same for the
19 Personnel Board and a Citizen's Advisory Committee for City Investment Policy,
20
21 MOTION: Council Member Moynihan moved, seconded by Healy, that the Finance
22 Director return:to Council with recommendations for a formalized comrr ittee,
23 andahatthe City Clerk proceed with a recruitment process, pursuant''to'the
24 provisions of the Maddy Act, for the Personnel Board and a Citizen's •
25 Advisory Committee for City investment Policy.
26
27 MOTION
2 8 PASSED: 5/1/2 (Cader-Thompson voting "No' Maguire, Torliatt absent)
29 •
30 Clerk's Note: The Personnel Board recruitment was not on Council's agenda for
31 discussion and or action. Therefore, .no'.actioh will be taken in connection with the'
32 Personnel°Board',recruitment. This item is on Council's agenda for March 19.
33
34 12. *Discussion of Structure of Future Assembly Bill(AB) 1600 Reports Regarding
35 Mitigation•and Impact Fees (Thomas).
36
37 MOTION: Council Member O'Brien moved, seconded by Healy, to approve Consent
38 Calendar items 7, 8 and 12.
39
40 MOTION
41 PASSED: 5/0/2 (Maguire, Torliatt absent)
42
43 UNFINISHED BUSINESS
44
45 13. Introduction of Ordinance 2111 N.C.S. Approving Ground Lease for Private Hangar
46 at Petaluma Airport (Beatty). •
47
48 Assistant City Manager Gene Beatty provided background information,
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Draft Minutes of a'Special Meeting of the Petaluma City Council-Monday,March 12,2001
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recommendations`and:alternatives.
2
•`a Council Member Moynihan asked if the Airport Commission reviewed the lease.
4
' 5 Airport Commission Chair Tom McGaw replied that:the Commission, which reviewed
6 the lease a year ago, recommended that Assistant City Manager Beatty and Airport ,
7 Manager Mike Glose finalize negotiations;with Mr. Toly.
8
9 MOTION: Vice Mayor Cader-Thompson moved, seconded by Healy, to accept the
io Introduction of Ordinance 211'1 N.C.S. Approving a Ground Lease for
11 Private Hangar at•Petaluma.Airport (first reading).
12
13 MOTION
14 PASSED: 5/0/2,(Maguire/Torliatt absent)
15
16 Mayor Thompson read portions of a letter addressed to Mitch Daniels, Director of Office of
17 Management, signed b •Barbara Boxers Dianne Feinstein, and Lynn Woolsey requesting:
18
19 "...$6.2 million for construction plus $8.6 million of reimbursement for the non-federal
2 o sponsor, the City of Petaluma."
21
22 He continued: I
23
24 "Construction: The Corps will need $6.2 million in FY-02 for construction of the remaining
•5 two railroad bridges. The design and engineering of•the rail bridges are scheduled to be
26 completed by the end of calendar year 2001."
27
28 "Reimbursement: Section 112 of WRDA 2000 authorized a new cost share for the
29 Petaluma flood control project, as well:as.a reimbursement clause for expenses borne by
30 the non-federal sponsor above their cost share."
31
32 NEW BUSINESS
33
34 14. Water Conservation Program:
35
36 Waters Resources and Conservation Director Tom Hargis summarized that the City of
37 Petaluma Water Conservation Program for FY 2000/01 included development and
38 implementation of various'.water conservation measures that reduced the amount of water
3 9 used by the customers of Petaluma's Water Utility Systems, as well as reducing tie
40 amount of water dischargedrto Petaluma's Wastewater Treatment and Disposal System.
41 The professional services agreements included with this item were required to implement
42 various programs outlined in the City of Petaluma Water Conservation Program for FY
43 2000/01. He introduced Lynne Hulme and Ally Davidson of the Sonoma County Water
44 Agency Conservation Program.
45
46 Sonoma County Water Agency (S:C.W.A.) Water Conservation Program Coordinator
7 Lynne Hulme proceeded with a presentation that overviewed the program to date and
48 its upcoming objectives.
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Draft Minutes-of a Special Meeting of.the Petaluma City Council-Monday, March 12,2001
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2 Vice Mayor Cader-Thompson asked if S.C:W.A. coordinated with their efforts with the
3 Christmas in April Program and why they Used plastic instead of paper. •
4
s. Ms. Hulme replied that S.C:W.A. did coordinate efforts with the Christmas In April
6 program and that they would consider using paper instead of plastic bags and thanked
7 Vice Mayor Ceder-Thompson for the suggestion.
8 •
9 MOTION: Council;MemberMoynihan moved, seconded by O'Brien, to adopt:.
10
11 A. .Resolution 2001-057 N.C.S. Approving a Professional Services Agreement for
12 the "Residential Toilet Replacement Program: Recycling of Old Toilets" with Old
13 Adobe Development Services, Inc.
14
15 B. Resolution 2001-058 N.C.S. Approving a Professional Services Agreement for
16 Furnishing Materials and Services for the Landscape Water Audit Project with
17 Cagwin & Dorward.
18
19 C. Resolution 2001-059 N.C.S. Approving a Professional Services.Agreement for
20 Furnishing Materials and Services for the GIS' Mapping and Audit Project at
21 Bond Park with Dendron Landscape Management Consultants.
22
23 D. Resolution 2001-060 N.C.S. Approving,a Professional Services Agreement for
24 Furnishing Materials and,Services for Promoting the Petaluma Water
25 Conservation Program with the Walker"Group. •
•
26
27 E. Resolution,2001-061 N.C.S. Approving a Professional Services Agreement for
28 Furnishing Materials and Services for the Industrial-Water Efficiency Program
29 with Pacific`TechnologyAssociat'es.
30
3.1 Public Comment
32
33 Geoff Cartwright, 56 Rocca Drive, spoke regarding the parallel pipeline and S.C.W.A.'s
34 agreement to sell unused water to Mahn County.
35
36 MOTION •
37 PASSED: 5/0/2 (Maguire', Torliatt absent)
38
39 ADJOURN
40
41 The meeting adjourned at/0: 25 P.M. '
42
43
44
45
46
47 E. Clark.Thompson, Mayor is
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Draft Minutes Of a Special Meeting of the Petaluma City Council-Monday,March 12,"2001
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1 ATTEST:
2
•;4
s Beverly J. Kline, City Clerk
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7 . < . > . * * *
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Draft Minutes of a Special'Meeting.of,thePetaluma City Council-Monday, March 12,2001