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HomeMy WebLinkAboutAgenda Bill 05/07/2001 (10) DRAFT DRAFT DRAFT • . - MY City'of•Petaluma, California' Draft Minutes of a Regular 3 City Council Meeting 4 5 6 Monday, April 2, 2001 7 Council Chambers 8 9 The Petaluma City Council met•on this date in the Council Chambers at 3:00 P.M. 10 • 11 ROLL CALL 12 't3 PRESENT: Council Members Healy, Maguire (4:2Q P.M,), Moynihan, O'Brien, Torliatt; 1'4 Vice Mayor Cader-Thompson; Mayor Thompson 15 1.6 ABSENT: None 17 , 18 PUBLIC COMMENT 19 20 Persons wishing to speak regarding items not on the agenda may do so under public 21 comment. doJo Ann Ritko Pozzi, 1.310:Sunset Drive, spoke`irroppos'ition to tree planting in front of ' 24 her business on WashingtoriStreet. 25 . 26 Geoff Cartwright, 56 Rocca.Drive,.spoke regarding water issues. 27 28 SPECIAL ORDERS OF THE°'DAY' • 29 30 PRESENTATION: 31 32 Employee Service,Awards- Mayor Clark Thompson recognized the following . 33 employees of the Cityand'presented'service awards to thoselpresent. 34 . 35 Thirty Years: ' 36 Bob Gloeckner - Fire Department 37 38 Twenty Years: 39 Joe Edwards= Police Department 40 David Kahl - Police Department . 41 ' 42 Fifteen Years: .. .4 43 Terry Campbell`-'Police Department Michael Cook'-Police Department Ronnie Gossner- Public Facilities and Services City;of Petaluma„California Draft Minutes of a Regular • • City.Council Meeting Monday,April.2,2001 Page 1 • DRAFT DRAFT . DRAFT • 1 Catherine Robbins - Police Department • 2 RobereTheen - WaterResources and Conservation 3 4 Ten 'Years: 5 Robert Mullins - Water'Resources and Conservation 6 7 Five Years; 8 Michael Ban,- Water Resources,and Conservation 9 David Cormier - Police,Department 10 Richard:Cox - Police Department 11 Donnie,Frank -Parks and Recreation Department - 12 Brian Morgan--F ire'Department 13 Lois P,lummer - Police,Department, 14 Joel Stemmer - Police Department - 15 16 PROCLAMATION':, 17 18 National Volunteer Week - Mayor Clark Thompson read the,proclamation and,presented 19 it to Sally Soufer, the Volunteer Coordinator of the Petaluma branch of the Volunteer 20 Center of'Sonoma County. 21 22 MINUTES 23 •24 October 25, 1999; January 2, 16, 22, 27, February 5; 20, March 5, 12, 19, 2001; 25 - 26 October 25 1999: 27 28 MOTION: Council Member Torliatt moved, seconded by'Mayor Thomas, to-approve • 29 thetminutes of October 25, 1999, without changes. • 30 MOTION 31 PASSED` 5/0/2, (Council Members.Moynihan and O'Brien abstaining) 32 33 January, 2,;2001,: 34 35 MOTION: Council Member Torliatt moved; seconded by Moynihan, to approve the 36 minutes of January 2,2001, Without changes. 37 38 MOTION 39 PASSED: 770/0 40 • • 41 January 16;,2001: 42 43 Council Member Moynihan noted that on page'6, line 15, "Council Member Moynihan 44 preferred to discuss should read, "Mr- Thoma s preferred to discuss." 45 pity �•J Draft{Minutes of a Regular city Meeting -- ' - =-� Monday,:April'2,2001 Page 2 I DRAFT • DRAFT DRAFT • in MOTION`: Council Member Torliatt moved, seconded by'Maguire, to,approve the Minutes'of January°16,•2001, as corrected. 3 4 MOTION 5 PASSED: 7/0/0 6 7 January-22, 2001: 8 9 Council Member Healystated that;on page 10,,line 4, "natural" assets should be 10 changed to "generating" assets. 11 - 12 MOTION: Council Member Healy moved, seconded by Torliatt, to approve°the 13 minutes of,January 22;:2001, as corrected:_ 14 15 MOTION • • 16 PASSED: 7/0/0 • 17 18 January 27,-2001: 19 • 20 MOTION: Council Member Torliatt'moved, seconded by;Healy, to approve the 21 minutes of January 27, 2001, without changes: 40 MOTION PASSED: 7/0/0 25 26 February 5, 2001: 27 • 28 MOTION: Council Member Moynihan moved, seconded by Healy, to approve the 29 minutes of February 5, 2001, without changes: 30 31 MOTION 32 PASSED: 7/0/0 ' - 33 34 February 20, 2001: 35 36 Council Member Moynihan referred to page4, line 28 and discussion about his 37 possible conflict of interest. He thought he had stated that he would abstain from the 38 vote, not because he had a conflict,but to avoid-the'perception that he had a conflict 39 On page 9,line 4, he indicated that hevoted "no-" The vote should read 6/1/0. • 40 41 Council Member'Healy corrected the vote on page 7, line 6, from 7/1/0 to 6/1/0. 42 43 MOTION: Council Member Torliatt moved, seconded by Mayor Thomas to approve 44 theminutes of February 20; 2001 with•Council Member Moynihan and • Council Member Healy's corrections on the votes, and with Council City of Petaluma,California Draft!Minutes of.a'Regular City Council Meeting Monday,April 2, 2001 Page 3 DRAFT DRAFT DRAFT 1 Member Moynihan's clarification of his'comments, if the CityClerk • 2 determined, upon listening to the audiotape, that his recollection of his 3 statement was accurate. 4 5 MOTION 6 PASSED: 7/0/0 7 8 March 5, 2001: 9 •- 10 Council,Member"Moynihan' noted.that on;page 3,he acknowledged "Boy Scout Troop 11 3," not "Girl 'Scout Troop 3" for their assistance with tree planting, and added,thatLhe 12 had discussed the Pavement Management,Study results•and challengedCouncilto 13 budget $5 million for street maintenance this°year: 14 15 Council.Member Healystated that on page 3, the SCTA subcommittees first meeting, 16 Supervisor'Smith wasn't there, and "John"Wright..to "Sharon"Wright of Santa Rosa. On 17 page 10, the votes should be changed from 4/0/3 and 3/0/4 to 4'13/0 and;3/4/0. . 1.8 19 Council Member O'Brien explained that on page 3, the last line of his.comments; he 20 acknowledge the "Petaluma Chapter of the American Cancer Society." 21 22 MOTION: Council Member Healy moved, seconded,by Moynihan, to approve the 23 minutes of March 5, 2001, as corrected: 24 25 26 MOTION 27 PASSED: 7/0/0 28 • 29 30 March 12, 2001: 31 32 Council Member Healy pointed out that on page 6; the Campaign Finance:Ordinance 33 item, the vote should read 4/1/2, and on page 6, the vote reflected 8 people voting'.. 34 35 MOTION: Council Member Moynihan moved, seconded by Healy,to approve the 36 minutes of March.12, 2001, as corrected. _ 37 - 38 MOTION 39 PASSED: 7/0/0 • 40 • 41 March 19,2001 42 43 Council Member Healy asked that his comments on page 12, lines 16-17,rbe corrected 44 to delete the words following the semi-colon. 7 45: City of,Petalurna„California •” DraitMinutes of a Regular - --.City Codftpilpeeting • • Monday,.April 2, 2001. Page 4 DRAFT DRAFT DRAFT lip MOTION: Council Member Healy moved; seconded by Maguire, to approve the minutes of March 19,:2001, as corrected, 3 4 MOTION 5 PASSED: 7/0/0 6 7 8 CONSENT CALENDAR, 9 10 All items were removed from consent, discussed and enacted by separate motions as 11 follows 12 13 1. Adopt Resolution 2001-075 N.C.S._in Support of.thesSubmission of a 14 Department of Water Resources — Urban Streams,,Restoration Grant by the 15 Trust for Public Lands'on Behalfof the City of Petaluma for the Purpose of 16 Purchasing the Grangeu,Property,`Located on,Industrial Avenue North of Corona 17 Road, in Compliance with the Adopted River Access and Enhancement Plan, 18 with Said Property Being Substantially Affected by Floodway Designation and 19 Zoning. (Tuft) 20 21 MOTION: Council Member Torliatt moved, seconded by Vice Mayor Cader- Thompson, to Adopt Resolution 2001-075.N.C.S. In Support Of An. Urban Streams Restoration Grant For The Purchase Of The 4 Grange Property, Industrial Avenue, Petaluma, California. 25 26 MOTION 27 PASSED: 4/1/1/1 (Council Member Moynihan voting "No," Council Member 28 O'Brien'abstaining due to the possibility of a conflict of interest 29 based on the location of the property in proximity to his place of 30 employment, and Council Member Maguire absent) 31 32 2. Resolution 2001-076 N.C.S. Approving Amendment to Contract with Richard R. 33 Rudnansky, City Attorney. 34 35 MOTION: Council Member Moynihanmoved, seconded by.Healy to adopt 36 Resolution 2001'-076 N.C.S. Approving Contract with Richard 37 Rudnansky. 38 39 MOTION . • • 40 PASSED: 5/1/1 (Vice Mayor Ceder-Thompson voting "No," and Council 41 ;Member Maguire absent) 42 43 4 3. Adoption of Ordinance;;2110 N.C.S. (Second Reading) Approving Ground Lease for Private Hangar at Petaluma Airport. '(Beatty) Citypf:Petaluma, California Draft Minutes of'a'Regular City Council Meeting Monday,April'2,2001 Page 5 DRAFT DRAFT DRAFT • 1 2 MOTION: Vice..Mayor Cader-Thompson,moved, seconded by,Healy, to adopt • 3 Ordinance 2110 N.C.S.Approving Ground Lease for Private 4 Hangar at Petaluma.Airport: 5 6 MOTION 7 PASSED: 4/1/2 (Council Member Torliatt-voting "No," Council Member t. 8 Maguire absent>and'O'Bnen not present) 9 10 3A. Approval of Proposed Agenda;for>.Council's Regular Meeting of,April 16, 2001,. 11 (No items°will".be;added to the agenda after this approval, although some items 12 may be removed at the request of one of the parties necessary to theTdiscussion • 13 and approval of the agenda item.), 14 15 MOTION: , Vice Mayor Cader-Thompson moved, seconded by„Heal'y, to 16 approve the proposed agenda for Council's regular,meeting'of April 17 16, 2001,with the followingrmodifications: 18 1. Move the Russian River Gravel Mining`iternto.a future 19 agenda. 20 2: Add Council'discussion, and possible action and:or direction 21 regarding water rate increases. 22 23 MOTION •, • 24 PASSED: 6/1 (Council Member Maguire absent) 25 26 PUBLIC HEARINGS 27” 28 4. Conduct a Public;Hearing to Receive Comments on the 2001-2002 Proposed 29 Community Development Block Grant Action Plan and Adopt Resolution 30 2001-077 N.C.S. Approving the Block Grant Projects and Authorizing the City 31 Manager to Sign•All Documents Required,by. HUD. (Gaebler) 32 • •33 No members of the public asked to be heard regarding the matter. 34 35 MOTION: Vice Mayor Cader-Thompson moved, seconded by Moynihan to 36 Adopt Resolution 2001-077'N.C.S. Approving the Block,Grant 37 Projects and Authorizing the City Manager to Sign All Documents 38 Required by HUD. 39 40 •MOTION 41. PASSED: 6/1 (Council Member Maguire absent) 42 43 Clerk's Note: Council Member Maguire arrived- 4:20 P.M. 44 • 45 • 5. Resolution 2001-078 N.C.S. Ordering Abatement of Nuisance Consisting of. a co,of Petaluma, California Draft Minutes of al Regular Gait Council Monday;April 2,-2001 Page+.6 • • DRAFT .DRAFT' DRAFT Weeds Growing Upon Public and Private Property in-the City of Petaluma and Ordering the Fire;Chief;to Remove Said Weeds by Contract or His Own Forces. 3 (Ginn/Krout) 4 5 No members of the public asked to be heard.;regarding the matter. 6 7 MOTION: Council Member Moynihan moved,seconded by O'Brien to Adopt 8 Resolution 2001-078 N.C.S. Ordering Abatement of Nuisance 9 Consisting of Weeds Growing Upon;Public and Private Property in 10 the City of'Pet'aluma and Ordering the.Fire Chief to Remove Said 11 Weeds by Contract or His Own Forces'. 12. 13 MOTION 14 PASSED: 7/0 15 16 UNFINISHED BUSINESS 17 18 6. Report Regarding Status of Payran Project and Discussion and Possible 19 Direction Regarding Payran Flood Management Project Financing and Budget. 20 (Hargis/Stouder/Merangella) 21 No Action Taken. 24 PUBLIC 'COMMENT • 25 26 None 27 28 CLOSED SESSION • 29 30 Mayor Thompson adjourned the meeting to Closed Session in the City,Manager's 31 Conference Room at'4.°45 P.M. for Council consideration of the following items, as read 32 by City Attorney Rich Rud'narisky: 33 34 CONFERENCE WITH LEGAL COUNSEL, Existing Litigation, Government:Code § 35 54956.9, Mock vs. City of Petaluma. Sacramento Superior Court'Case No 97AS00848.. 36 ' 37 CONFERENCE WITH LEGAL COUNSEL, Anticipated Litigation, Significant Exposure 38 to Litigation Pursuant`.to subdivision (b) of Government Code § 54956.9'(One Potential 39 Case). 40 • 41 CONFERENCE WITH LABOR NEGOTIATOR, Government Code § 54957, Public 42 Employee Performance, Evaluation. Title: City Clerk, 43 • City of Petaluma; California • . • Draft"Minutes.of a Regular City.Council Meeting Monday;April 2,2001 Page 7 DRAFT DRAFT DRAFT 1 ADJOURN • • 2 3 Closed Session adjourned at 5:50 P.M. 4 5 RECESS = 550;P'.M. 6 7 . < . . . ,t * * , 8 RECONVENE 9 10 The Petaluma City Council reconvened its regufarmeeting on this day at 7:00 P.M. in 11 the Council'Charribers. 12 13 ROLL CALL 14 15 . PRESENT: Council Members Healy, Maguire, Moynihan, O'Brien, Torliatt;Vice Mayor 16 Cader-Thompson; Mayor Thompson 17 118 ABSENT: None 19 20 REPORT OUT OF CLOSED SESSION 21 • 22 Mayor-Thompson reported that no adtion[was taken on matters addressed in'Closed 23 Session. 24 25 PLEDGE OF ALLEGIANCE 26 27 At the request of Mayor Thompson, Bob Foster led the Pledge of Allegiance. 28 29 MOMENT OF 30 31 At,;the request of Mayor T hompson,.a Moment of Silence observed. 32 33 PUBLICCOMMENT 34 35 Persons,wishing to speak regarding items not on the agenda may, do so-under public 36 comment 37 • 38 Terence"Garvey, 83 Maria Drive, spoke regarding the lack of civility during Council 39 meetings among1h e Council Members. 40 41 Beth Meredith, 104 Fifth Street, spoke,in support of public participation,and open 42 dialogue with deáision.makers in matters that.affect,the'community. 43 44 Geoff Cartwright, 56 Rocca Drive, spoke regarding the use of pesticides and spraying., 45 City of Petaluma,.California • Draft,Minutes of a Regular • City council Meeting _. Monday,;April 2, 2001 Page 8 • DRAFT DRAFT DRAFT PUBLIC HEARINGS • 3 7. Resolution 2001-079 N.C.S. Approving a New Fee Schedule for Permit 4 Inspections Conducted by the Fire Marshal's Office. (Ginn) 5 6 MOTION: Vice'Mayor;Cader-Thompson moved, seconded by O'Brien to 7 adopt Resolution 2001 - 079 N.C.S. Approving,a New Fee 8 Schedule for Permit Inspections Conducted by the Fire Marshal's 9 Office, 10 11 MOTION 12 PASSED: 7/0 13 14 8. Public Hearing to Consider Adoption of Findings of Fact Pursuantto the 15 California Environmental Quality Act (CEQA)"Related to the 11th Amended 16 PpY Agreement for Water Su l ` Amendment 11) Ratification of City Council's 9 � ) and 17 January 22,2001 Approval of Amendment 11. (Hargis) 18 19 PUBLIC COMMENTS 21 After hearing backgroundinformation,and a summary of the project to date by City Management; thedfollowing members of the public:came forward to speak as proponents of Council's adoption of the CEQA findings and ratification of the 4 action taken at the January 22. meeting authorizing the Mayor to sign the 11th 25 Amended Agreement.,(Amendment 11). 26 27 Terence Garvey 28 Jerry Minton 29 Keith Woods 30 Randy Byrd 31 David Elie 32 Carol Fullerton 33 Ed Fullerton , - 34 J. T. Wick - • 35 Linda Buffo 36 Mike Harris 37 Steve Janee 38 Clayton Engstror 39 40 The following members of the public came forward to speak in.opposition of the 41 Council's adoption of the CEQA,fiindings and ratification of the action taken at the 42 January 22 meeting authorizing the Mayor to sign the 11th Amended Agreement 43 (Amendment 1;1;) 44 Geoff Cartwright City.of Petaluma,California Draft of a Regular . .• . City counciVMeeting Monday,April 2,2001 • Page 9 DRAFT DRAFT DRAFT 1 Andrew Packard 2 Bill Phillips 3 Beth Grimes 4 Diane Reilly Torres 5 Vince Landof 6 Frank Egger;Mayor, Fairfax Town Council 7 David Keller 8 Elena Belsky 9 Bill Kortum 10 Beth Meredith 11 Kathy Torneau 12 Peter DeCramer 13 Louie'Nguyen 14 Stan Gold • 15 John Mills - spoke regarding process. 16 . 17 RECESS: 8:45 P.M. 18 19 RECONVENE: 8::50 P.M. 20 21 MOTION:. Council Member moved Moynihan, seconded Healy to adopt 22 'Resolution 2001-080 N.C.S. Authorizing the,Adoption of Findings 23 And Determinations And Statement of Overriding.Considerations,In • 24 Accordance With.The Findings of Fact Pursuant to the California 25 Environmental Quality Act Relating To The Eleventh Amended 26 Agreement for Water Supply (Amendment 1 1). 27 • 28 MOTION 29 PASSED: 5/2 (Vice Mayor, Cader-Thompson and Council MemberTorliatt. 30 voting "No.") 31 32 MOTION: Council Member' O'Brien moved,;seconded by Moynihan to•adopt 33 Resolution 200.1-081 N.0 S. Ratifying Resolution No 2001 - 024 34 N.C.S..And The City Council's January 22, 2001 Approval of the 35 Eleventh Amended Agreement.For Water Supply By and.Between 36 Sonoma County Water A9ency, City of Cotati, Cityrof'Petaluma, 37 City of'Rohnert Park, City of Santa Rosa, Forestville-Water District, 38 North Marin Water District;'Valley of the Moon Water District, City 39 of Sonoma, And.Directing the City Clerk To File A Notice of 40 Determination. 41 42 MOTION 43 PASSED: 6/1 (CounciC MemberTorliatt voting "No") 44 45 RECESS: 10:00 P.M. City of;Petaluma,.California Draft Minutes of a Regular •'City Council Meeting Monday,.-April 2,2001 Page 10 • • • DRAFT DRAFT DRAFT l•' RECONVENE: 1.0.1.0 P.M. 3 4 9. Discussionrand Possible,A ction,Adopting Sonoma County Water Agency on Year 5 2000 Draft Urban Water Management Plan (UWMP). This Report is.Required 6 by the State of California Department of Water Resources and Replaces the 7 Existing 1995:UWMP. A Draft Report and Schedule Will Be Presented at the 8 Meeting. (Hargis)' • 9 10 PUBLIC COMMENT 11 12 Terence Garvey, 83 Maria Drive, spoke regarding employing serious 13 conservation methods in Petaluma. 14 15 Diane Reilly Torres, Rainier Avenue,had questions',about conservation, 16 conservation rebates, a nd she advised the Councilrshe_had filed a complaint 17 against P. G. & E. 18 19 Geoff Cartwright, 56 Rocca Drive,-spoke regarding his concerns about the 20 Sonoma County Water Agency (S.C.W.A.). -21 David Keller, 1327 "I" Street, expressed his concerns and asked the Council to get clarification before adopting the UWMP. 4 • 25 MOTION: Council•Me-mber Moynihan moved, seconded by Healy to adopt 26 Resolution 2001-082 N.C:S..Adopting'Sonoma County Water 27 Agency Year 2000 Draft.,Urban Water Management Plan 28 29 MOTION 30 PASSED: 7/0. 31 32 ADJOURN 33 34 Mayor Thompson adjourned themeeting at 10:35 P.M. 35 36 37 38 E. Clark Thorripson, Mayor 39 40 ATTEST:, 41 42 43 Beverly J Kline, CityClerk' 44 ,City:of Petaluma, California Draft Minutes of a Regular City Council Meeting _ Monday,April 2, 2001 Page 11