HomeMy WebLinkAboutCity Council Minutes 03/12/2001March 12, 2001 Vol. 36, Page 1
1
2
3 City of Petaluma, California
4 Minutes of a Special` ,
5 City Council Meeting
6
7 Monday, March 12, 2001
g Council Chambers
9
10
11 The Petaluma City Council met on this dafe at 5:30 P.M. in the Council Chambers.
12
13 ROLL CALL
14
15 PRESENT: Council Members Healy, Moynihan, O'Brien, Torliatt*, Mayor Thompson
16
17 ABSENT: Vice Mayor Cader-Thompson; Council Member Maguire
18 .
19 *Clerk's Note: Council Member Torliatt left the Closed Session at 6:15 P.M.
20
21 PUBLIC COMMENT
22
23 None
24
25 CLOSED SESSION
26
27 Mayor Thompson announced that: Council would adjourn 'to .Closed Session to address
28 the following items:
29
_ .,
30 CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Subdivision ~ (a) of.
31 Government Code §54957.6. Agency Negotiator: City Manager. Unrepresented.
32 Employee: City Attorney.
33
34. CONFERENCE WITH. REAL PROPERTY NEGOTIATOR - :Pursuant to Government
35 Code §54956.8. Property: 101 North McDowell Boulevard: (APN 007-34;0-006);
36 Negotiation Parties: City of Petaluma and Maria Novak and Martha Ttiorup. Under
37 Negotiation: Price and Terms.
38
39 CONFERENCE. WYTH' LEGAL COUNSEL -Anticipated Litigation, Significant Exposure
40 to Litigation Pursuant to Subdivision (b) of Government Code §54956.9. (Two Matters)
41
42 CONFERENCE WITH LEGAL COUNSEL -Existing Litigation, Pursuant to Subdivision
43 (a) of Government Code §.54,956.9, City ofi Petaluma vs. Olmstead, Sonoma County
44 Superior Court .Case No. 223404.
45
46
Vol. 36, Page 2 March 12, 2001
1
2 ADJOURN
3
4 Council adjourned to Closed Session at 5:35 P...M.
5
6
7 ******
8
9
10
11 RECONVENE
12
13 The Petaluma City Council reconvened its Special- Meeting at 7'1.0 P.M. in the Council
14 Chambers.
15
16 ROLL CALL
17
18 PRESENT: Council Members. Healy, Moynihan, O'Brien; Vice Mayor- Caller-
19 Thompson; Mayor Thompson
20
21 ABSENT: Council Membegs Maguire, Torliatt ~ .
22
23 REPORT O,U.T O:F CLOSED' SESSION
24 -
25 Mayor Thompson announced the following action taken in. Closed Session:
26
27 "Council scheduled a Special Me,eting,. sp.ecifieally a public hearings fo consider
28 adoption of findings of fact pursuant to the California. Environmental Quality Act (CEQA)
29 related to the 11th Amended Agreement for Water Supply (Amendment 11') and to ratify
30 City Council's approval of Amendment 11 taken January 22, 200'1, to take pace on
31 March 22, 2001, at 7:00 P.M., at City Hall,... 11 .English Street, in 'the Council. Chambers."
32
`33 SEMINAR -
34 , - .
35 Fair Political Practices :Cornrnission ;(,FPPC) Seminar: Presentation by Scott ,Tocher of
36 the FPPC Moderated. by P'etalurna City Attorney Richard Rudnansky.
37
38 City Attorney Rich , Rudnansky introduced Scott Tocher, Fair Political Practices
39 Com,rnission Attorney. He rioted that Mr. Toucher was a graduate of California State
40 University Sacramento with a major in Government and recei~e~d his law degree from
41 ,McGeorge. He has been ;employed: .6y the F.P.P.C. since 1998:. His current
42 responsibilities with the F.P.P.C. include Government. Relations, Lobbying; and Counsel
43. for the Commission's legal division'..
44
45 Scott Toucher, ,Attorney, overuiewed they Political !Reform Act (PRA);;; the Commission`s
46 role and proceeded with his presentation, responding to questions fiorn those ih
March 12; 2001 Vol. 36, Page 3
1 attendance as they were raised. Thirty-five persons attended. Mr. Toucher provided the
2 toll free number for the F.P.P.C., 1-800-ASK- FPPC, recommended the Commission's
3 website as a good resource, .and left his business, card with the City Attorney, should
4 anyone be interested in contacting him directly.
5
6 Recess: 9:00 P.M.
7
8 Reconvene: 9:05 P.M.
9
10 ROLL CALL
11
12 PRESENT: Council Members Healy, Moynihan, O'Brien; Vice Mayor Cader-
13 Thompson; Mayor Thompson
14
15 ABSENT: Council Members Maguire, Torliatt
16
17 REPORT OUT OF CLOSED SESSION
18
19 Mayor Thompson announced, again, the following action taken in Closed Session:
20
21 "Council scheduled a Special Meeting, specifically a public hearing, to consider
22 adoption of findings of fact pursuant to the California Environmental Quality Act (CEOA)
23 related to the 11th Amended Agreement for Water Supply (Amendment 11) and to ratify
24 City Council's approval of Amendment 11 taken January. 22, 2001, to take place on
25 March 22, 2001, at 7:00 P,M., at City Hall, 11~ English Street, in the Council Chambers."
26
27 PUBLIC COMMENT - 9:00'P.M.
28 ~-
29 Bill Phillips, 824 Blossom, spoke. regarding Consent Calendar gravel mining from the
30 Russian River.
31 ,'
32 Terence Garvey, 83 .:Maria Drive, spoke regarding studies and finances relative to the
33 City's water recycling facility.
34
35 Wayne Vieler, Planning Commissioner, asked the Council to provide direct to the City
36 Attorney to attend a Planning Commission .meeting and that the City's Zoning Director's. ~4'
37 interpretation be provided to the Planning Commission at their second, regularly
38 scheduled meeting at the end of March. .
39
40 Council concurred that the item returns on an agenda for Council discussion at the next
41 Council meeting.
42
43 Geoff Cartwright; 56 Rocca Drive, asked that complete disclosure by Council Member
44 Moynihan of 'his financial interests be made available to the public in light of the seminar
45 that had just taken place.
46
Vol. 36, Page 4 March 12, 2001
1 CORRESPONDENCE
2
3 None
4
5 .COUNCIL COIVIIVIENTS AND .LIAISON REPORTS
6
7 Vice Mayor :Caller=.Thompson spoke regarding Assembly Bill 227 and shifting. gas tax
8 and asked Council fo discuss whether they wanted to endorse the legislation.
9
10 Council Member O'Brien reported on the Downtowrt Association meeting he, attended.
11 regarding the filmmakers and the 35th Anniversary of McGoo's Restaurant.
12
13
14 CITY MANAGEMENT COMMENTS
15
16 None .
17
18 AGENDA CHANGES,. ADDITIONS, AND. DELETLONS
19
20. None
21
22 CONSENT CALENDAR
23 ~ .
24 :Council Member Moynihan asked that Consent .Calendar item 5, 9' and 11 be ,removed
25 fro. m Consent for discussion/comment.
26
27 MOTION: Council Member Healy moved, seconded by Caller-Thompson, to approve
28 Consent Calendar Items 1 through 4 and Item 6.
29
30 MOTION
3'1 PASSED: 5/0/2. (Maguire,. Torliatt absent)
32.
33 1. Resolution: 2001-053 N.C.S. Certifying City of .Petaluma 1Nould :Sustain :Its Level .of
34 Expenditures for Transportation Purposes. (Thomas)
35
36 2, .Resolution 2001-054 IV,C..S. ,Authorizing. the Treasurer of the City of Petaluma to
'37 ,Invest Surplus; Funds in .Shares of the California Asset .Management. Trust and in
.38 Individual. Portfolios. (Thomas) .
39
40 3. Resolution .20.01-05:5 ,N.C..S. Approving Adoption of: California PublicEmployees'
41 Deferred Compensation Plan. (Thomas)
42
43 4. Ordinance 2110 'N.C.S. (Second Reading) Amending,. Ordinance 2;10'1 N.C;;S.,
44 Adopting. Mid=Year Budget Amendments for FY "2000%2001. (Thomas)
45
46 6. Resolution 20'01-056 N.C.S. Approving the .Final Map for the Pinnacle Heights
March 12, 2001 Vol. 36, Page 5
1 (.Formerly Maxwell) Subdivision. The Project Would Create Fourteen Single-Family
2 Residential Lots as 1Nell as Three New 'Private Streets .Designated as Pinnacle Drive,
3 Tree Haven Lane, and. Tilden Lane. (Moore/Bates)
4
5 End of Consent
6
7 Removed from Consent:
8
9 5. Status Report Regarding Street Needs Program and Financial Plan Being Prepared
10 by Public Facilities Director.
11
12 Couneif'Member Moynihan .noted that Petaluma had the lowest rating of all the cities in
13 the index referred fo by City Management. He asked that City Management to consider
14 where to make budget cuts to come up with the funds to .improve the condition of the
15 City's streets.
16
17 MOTION: Council Member Moynihan moved, seconded by Caller-Thompson to
18 accept the status report.
19
20 MOTION
21 PASSED: 5/0/2 (Maguire, Tortiatt absent)
22
23 Clerk's Note: The following asterisked (*) items, if approved, will be an
24 acknowledgement. of Council's acceptance of -the status reports and or proposals
25 provided as underlying documentation for each' numbered item.
26
27 City Manager Fred Stouder stated that he thought it helpful to provide .a status report
28 and anticipated dates that the following items would come before the Council.
29
30 7. *Discussion and Possible Direction .Regarding; 'Regional Water :Policies and
31 Programs. (Hargis)
32
33 8. *Discussion and Possible Direction Regarding. Potential Bond Financing for Parks
34 Development and Status of Parks & Recreation Study. (Carr)
35
36 9. *Discussion and Possible Direction; on Campaign Finance. Ordinance. Council
37 Member Mike Healy has a revised draft he will circulate to the Council; item is
38 scheduled for the April 2, 2000 evening meeting. (RUdnansky/Stouder)
39
40 Council Member Moynihan noted that: Council Member Healy drafted language for a
41 revised campaign. finance ordinance <and that he had read it. He wanted it to return to
42 Council on April 2 together with ~a copy of the City of Santa Rosa's .recently adopted
43 campaign finance legislation, He noted that he wanted to repeal the existing ordinance
44 and establish a new one.
45
46 MOTION: Council Member Moynihan moved.,. seconded by O'Brien, to repeal ~ the
Vol. 36, Page 6
Mardi 12, 2001
1 existing. ordinance at the April 2 meeting. and discuss verbiage for, a new
2 ordinance, and direct City .Management, to prepare. the ordinance
3 accordingly:
4
5 MOTION.
6 PASSED: 4/1/2 (Caller=Thompson voting, "No;" Maguire, Torliaft absert)
7
8 10. *Discussi'on and Possible Qirection on 'Russian. River Gravel. Mining.. Proposed
9 Ordinance to Ban Russian River Gravel within Petaluma City Limits (Hargis).
TO
11 Council Member Healy asked that no more staff work ke done andlor drafting of
12 proposed.. legislation be done on this. 'item: He wanted it to return to Council -for
13 discussion at the Council' regular meeting scheduled for April 16; a ,preli'minary
14 discussion and possible. direction to City Management,
15
16 MOTION: Council Member Healy moved, seconded by Caller-Thompson, to have
17 the; item advertised to return on Councils agenda for. April 16th .for a
18 preliminary discussion and possible "direction to .City Management.
19
20 MOTION
21 PASSED: 5/0/2 (Maguire.; Torliattabsent)
22
23 11. *Discussion, and. Possible Direction .Regarding Appointment ofCitizen Advisory
24 Cornrnittee for City Investment Policy:. .(Thomas]
25 ~'
26 Council Member Moynihan supported FinanceDirector Thomas's recommendation to
27 create a City Investment Policy Committee and, asked that he come up with a
28 suggestion of~a few candidates to serve as members of the committee:
29
30 Vice Mayor Caller-Thompson did not ,believe ,it"-was, effieien# for the City to formalize a
31 committee; if Council moved forward with a committee, she wanted a selection process
32 established. '
.._
Council Member Moynihan asked that 'the Finance Director return to Council with
recommendations for a for'rnal. committee., and that the City Clerk; proceed'. with a
recruitment process;... pursuant. to the ,p;rovisions of` the Maddy~ Act,; and'. do' the same for
the Personnel Board' acid a Citizen's Advisory Committee for City Investment Policy..
39 MOTION: Council Member Moynihan. ;moved,,.. seconded by Healy;.. that the Finance
4Q Director return to Council with ~ recommendations for a formalized
41 committee,. and that the City Clerk proceed with a recruitment process,
42 pursuant to the provisions of'the Maddy,Act, #or the Personnel Board and
43 a Citizen's Advisory Committee for-City Investment Policy.
44
45 MOTION
46 PASSED: 4/1:/2 (fader-Thompson: voting "No;'' Maguire,, Torliatt absent)
March 12, 2001.
Vol. 36, Page 7
1
2 Clerk's (Vote: The Personnel Board recruitment was not on Council's agenda for
3 discussion and or action. Therefore, no .action will be taken in connection with the
4 Personnel Board recruitment. This item is on Council's agenda for March 19.
5
6 12. *Discussion of Structure of Future Assembly Bill (AB) 1600 Reports Regarding
7 Mitigation and Impact Fees (Thomas).
8
9 MOTION: Council Member O'Brien moved, seconded by Healy, to approve Consent
10 Calendar items 7, 8 and 12.
11
12 MOTION
13 PASSED: 5/0/2 (Maguire, T'orliatt absent)
14
15 UNFINISHED BUSINESS.
16
17 13. Introduction of Ordinance 21106 N.C.S. Approving Ground Lease for Private
18 Hangar at Petaluma Airport (Beatty).
19
20 Assistant City Manager Gene Beatty provided background information,
21 recommendations and alternatives.
22
23 Council Member Moynihan asked if the Airport Commission reviewed the lease.
24
25 Airport Commission, Chair Tom McCaw replied ;that the Commission, which reviewed
26 the lease a year ago:, recornmentled that Assistant City Manager Beatty and Airport
27 Manager Mike Close fi:nalize~negotiations with Mr. Toly.
28 '
29 MOTION: Vice Mayor Caller-Thompson moved, seconded by.Healy, to accept.the
30 Introduction of Ordinance"21'106 N:C.S: Approving a~Ground Lease for
31 ~ Private Hangar,. at Petaluma Airport (first reading). _
r
32 '
33 MOTION ,
34 PASSED:, ~+ 5IO/2 '(Maguire/Torliatt absent)
35 ~ _
36 Mayor Thompson read portions, of a letter addressed fo Mitch Daniels, Director of Office
37 of Management, signed by~ Barbara Boxer, Dianne Feinstein, and Lynn Woolsey
38 requesting: ~ '
39
40 "...$6.2 .million for construction plus $8.6 million of reimbursement for the non-federal
41 sponsor, the City .of Petaluma." .
42 _ . .
43 He continued:
44
45 "Construction: The Corps will need $6.2 million in FY-02 for construction of the
46 remaining two railroad bridges. The design and engineering of the rail bridges are
Vol. 36, Page 8
March 12, 2001
1 scheduled to be completed by the end ofi calendar year 2001'."
2
3 "Reimbursement: Section 112 of WRDA 2000' authorized a new cost share: for the
4 Petaluma flo_ od control project, as well, as a reimbursement; clause for ,expenses borne
5 by the non-federal sponsor above their cost share:"
6
7 ..NEW BUSINESS
8
9 14. Water Conservation Program.:
10
11 Waters Resources and Conservation ..Director Tom Hargis summarized that the "C-ity of
12 Petaluma Water :Conservation Program for FY 2000Y01. included deve opment and.
13 implementation, of various water conservation measures that reduced the amount of
14 water used by .the customers of Petal:uma's `1Nafer Utility Systems,,.. as well as reducing
15 the amount of water discharged . to' Petaluma's Wastewater Treatment; and Disposal
16 System. The profes~s.ional se-Vices agreements included -with this item were required to
17 implement; various, programs outlined, 'in the: City. of Petaluma Water Conservation
18 Program for FY 2000%01. We :introduced Lynne Hulme and Ally Davidson of the ~Sonorna
1'9 County 1Nater Agency Conservation Program.
20
21 Sonoma County Water Agency (S,C.V1/.A.) Water' Conservation Program Coordinator
22 Lynne Hulme proceeded with a presentation that overviewed'the program fo date and
23 its upcoming objectives., ~ _
24
25 Vice Mayor Cader-Thompson asked if S.G.W,A. coordieated with their efforts with the
26 Christmas in April Program and why they used plastic instead of paper.
27
28 Ms. Hulme replied that S.C.1N.A. did coordinate effortsswith the Chr'.istmas In April
29 program and that they .would, consider using paper-'instead of plastic bags and thanked
30 Vice Mayor Cader-Thompson for the suggestion. ._ ,. a
31 ~ M
32 MOTION: Council Member Moynihan. moved, seconded; by O'Brien, to adopt:;
33 ,.
34 A. Resolution 2001-05Z N.C.S. Approving.a Professional Services..Agreement for
35 the "Residential Tgilef Replacement ..Program: Recycling of ~O,Id `Toilets" with Old
36 Adobe Development Services, Inc.
:a.- _'e .
37 .=
38 B. Resolution 2001-05:8 N.C.S. Approving a Professional. Services Agreement for
39 Furnishing Materials -and Services for the Landscape.. Water Audit Project with
40 Cagw,n &, Dorward.
41
42 C. Resolution 2001-059 N'.C:S. Approving a Professional Services Agreement for
43 Furnishing Materials and Services for the G'IS Mapping and' Audit Project at" Bond
44 Park with. Dendron Landscape. Management Coris.ultants.
45
46 D. Resolution 2001-06Q N:C;S.: Approving a Professional Services Agreement for
March 12, 2001
Vol. 36, Page'9
1 Furnishing Materials and Services for Promoting the Petaluma Water
2 Conservation Program with the 1Nalker Group.
3
4 E. Resolution 2001-.061 N.C.S. Approving a Professional Services Agreement for
5 Furnishing Materials and Services for the Industrial Water Efficiency Program
6 with Pacific Technology Associates.
7
8 Public Comment
9
10 Geoff Cartwright, 56 Rocca Drive, spoke regarding the parallel pipeline and S.C.W.A.'s
11 agreement to sell unused water to Marin County.
12
13 MOTION
14 PASSED: 5/0/2 (Maguire, Torliatt absent)
15
16 ADJO4JRIV
17
18 The meeting adjourned at 10: 25 P.M.
19
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21
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23
24
25
26 ATTEST:
27
28
everly J, Kline, City Cler
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35
36
E. lark Thompson,. Mayor