HomeMy WebLinkAboutCity Council Minutes 08/13/2001August 13, 2001
Vol. 36, Page 351
1 CITY OF PETALUMA, CALIFORNIA
2 MINUTES OF A SPECIAL
3 CITY COUNCIL MEETING
4 MONDAY, AUGUST 13,20-01
5
6
7 ROLL CALL 4:00 p.m.
8
9 Due to a lack of quorum, the afternoon session was cancelled.
10
11 ROLL CALL: 7:00 p.m.
12
13 PRESENT: O'Brien, Healy, Torliatt, Maguire, Moynihan, Vice
14 Mayor Cader-Thompson,, Mayor Thompson
15 ABSENT: None
16
17 PLEDGE OF ALLEGIANCE
18
19 Eileen Morris led the Pledge of Allegiance.
20
21 MOMENT OF SILENCE
22
23 PUBLIC COMMENT
24
25 Geoff Cartwright, 56 Rocca Drive, reported that a meeting to discuss flooding issues
26 will be held at McKinley School, 110 Ellis Street on August 29th at 7:00 p.m. He
27 also stated that Councilmember Moynihan had received contributions over the limit
28 adopted in Ordinance 2106 NCS.
29
30 Onita Pellegrini, Petaluma Area Chamber of Commerce, announced that the
31 Waterfront Jazz Festival will be held on August 18 at the Foundry Wharf from 1:00
32 p.m. to 6:00 p.m. She introduced Judy Smith., a volunteer with the Festival, who
33 passed out T -Shirts to the Council.
34
35 COUNCIL COMMENT
36
37 Councilmember O'Brien thanked the Argus -Courier for their coverage of the
38 Wiskeriho Contest. John Mills won for best sideburns.
39
40 Councilmember Maguire asked Lisa Goldfein, Assistant City Attorney, to look into
41 the legality of Councilman Moynihan making a payment of $125 to the Boy Scouts
42 for dues on his Campaign Contribution filing.
43
44 Vice Mayor Cader:Thompson stated that she had attended the Car Show and
45 Safety Fair put on by the Petaluma Police Department last Saturday at the
46 Petaluma Plaza. It was well attended and the Safety Faire was very informative
Vol. 36, Page 352
August 13, 2001
1 COUNCIL COMMENT, continued
2
3 and she thanked Dr. Syars of Plaza North for sponsoring the Faire.
4
5 She,also stated 'that 'people should. start forming together in dealing with the issue of
6 getting a theatre; back in PetalUma. She received a letter from Nancy Bosch,
7 regarding i ' Washington Street improvements. She advised Ms. Bosch that work
8 should start in August.
9
10 Councilmember Torliattannouncedthat the, Sonoma County General Plan Update
11 meeting will be held .tomorroW night (August 14, 2001) at the Veterans
12 Bu'ilding here in Petalufna at 7:00 p.m.
13
14 Councilmembor Moynihan was concerned with a stop sign at Eighth and ".D"
1`5 Streets,.. He has received 'citizen complaints relating to traffic issues. He would like
16 to revisit the Traffic Committee Policy on how complaints are -processed.
17
18 He requests'that a complete Mitigation Fee Reconciliation Report on past developer
19 In -Lieu fees be placed on an agenda. He would 1 - ike the Finance Director to -outline
20 what we have collected, in the past, and how much is allocated to each project.
21
22 He welcom"es'WbrkRight to Petaluma and announced that Trader Joe's will be
23 locating to the. HOilig Meyers Furniture, Store building, on Petaluma Boulevard North.
24 He believes the Boy Scout expenditure in question was a donation, not fees.
25
26 Councilm.ernbw"Maguire wants to see the Traffic Committee Policy brought back
27 and he feels that the Traffic Mitigation Fees item .does not need to be agendized.
28
29 Councilmember Torliatt thought that if Council is going to agendize citizen
30 complaints regarding road conditions and traffic, she would like to include
31 sidewalks, Risk Assessment and Risk Management..
32
33 Councilmember Healy would like feedback on citizen complaints regarding traffic
34 issues in memo form; specifically, how they,are being handled in light of the Traffic
35 Engineer position vacancy.
36
37 Councilmember Torliatt received a memo.from Mike Evert regarding discussion with
3.0 Caltrans staff and SCTA about the removal of the Kenilworth Civercros - s.in g. There
�39 seem to be no reconstruction, plans for that overbrossing. She has concerns with -
40 the HUB project going in and the need for non -auto -oriented traffic. The Kenilworth
41 Civercrossing serves as a critical connector from east to west, from that project to
42 the shopping centers.
43
44 Vice Mayor Cader-Thompson wants to agendize the Kenilworth Civercrossing.
45
46 Mayor'Clark Thompson, wants some response from the Traffic Committee and/or
August 13, 2001
Vol. 36, Page 353
1 COUNCIL .COMMENT, continued
2
3 Public Facilities & Services regarding the justification for installing a stop sign at
4 Eighth and "D" Streets.
5
6 RESO. 2001-152 NCS
7 COUNCIL RULES POLICIES AND PROCEDURES
8
9 Beth Meredith, 104 Fifth Street, stated that she would like it stated in the rules that
10 the City Clerk type Summary Minutes as opposed to Action Minutes. Summary
11 Minutes are researchable, whereas Action Minutes don't state what people said.
12
13 Council would like the City Clerk to give them 'her definition of Action Minutes,
14 Summary Minutes.and Verbatim Minutes.
15
16 She also stated that. under Public Comment, two members of the public may elect to
17 cede their time to a third person, such that a member of the public or group may
18 have up to nine (9) minutes. The two people ceding their time must either put it in
19 writing or address the Council at the podium and state for the record that they cede
20 their time.
21
22 Council Revisions to Rules, 'Pol_icies, and Procedures
23
24 Page 1 Regular Meetings - (A) Last sentence change to. Matters not completed by
25 11:00 PM will be continued to the next adjourned or regular meeting unless the
26 majority of the Council supports continuing the matter past 11:00 PM.
27
28 Page 2' Emergency Meetinqs 1 (D) At end of sentence, add the wording of
29 Government Code Section 54956.5, as follows:
30
31 ® In the case of an emergency, situation involving matters upon which
32 prompt action is necessary due to the disruption or threatened disruption
33 of public facilities, a legislative body may hold an emergency meeting
34 without complying with either the 23 -hour notice requirement or the 24-
35 hour posting requirement of Section 54956 or both of the, notice and
36 posting requirements.
37
38 For the purposes of this section, "emergency situation" means any of the
39 following:
40 a. Work stoppage or other activity which severely impairs public health,
41 safety, or both, as determined by the majority of the members of the
42 legislative body.
43 b. Crippling disaster which severely impairs public health; safety, or both,
44 as determined by a majority of the members of the legislative body.
45 However, each local newspaper of general circulation and radio or
46 television station which has requested notice of special meetings
47 pursuant to Section 54956 shall be notified by the presiding officer of
Vol. 36, Page 354
August 13, 2001
1 RESO. 20014-52 NCS
2 COUNCIL RULES, POLICIES AND PROCEDURES, continued
3
4 the, legislativebody, or designee thereof, one hour prior to the
5 emergency meeting' telephone and all telephone numbers provided in,
6 the: most recent request of such newspaper or station for notification of
7 special meetings, shall be. exhausted. In the, event that telephone
8 services ces; -are not functioning, the notice requirements of this section
9 shall be deemed waived, and the legislative body, or designee of the
10 legislative body, shall notify those, newspapers, - radio stations, or
11 television stations of.the fact offfie holding'of,the emergency meeting,
12 the purpose of the meeting, and any action taken at the meeting 'as,
4
13 soon., atter the meeting as. possible..
1
15 Not withstanding Section 54957, the - legislative, body shall notmeet in
16 closed'session dufihg,a meeting called,pursuant to this section.
17
18 All special meeting requirements, as, prescribed .in Section 54956 shall
19 be applicable to a meeting called -
pursuant to this section, with, the
220 exception ofthe 24-hour notice requirement.
1
22 The minutes of a meeting called of
to -this section, a list of
23 persons who the,presiding officer of thelegislative bodyor designee of
24 the legislative body, notified or attempted to notify; a copy of the roll
25 call vote, and any actions taken at :the :meeting shall be posted for a
26 minimum of 10 days in a public Place as soon after the meeting as
27 possible ,(or as, may be required by state law).
28
29 Page, 2, (G,
Participation by Teleconference: Change 100 miles -to 50
30 miles outside: the Petaluma city limits.
31
32 Page 4 1,1 (A) (3) Change Additions to Approved Draft Agenda: to
33 Modifications to Approved , Draft - Mienda:
34 (6) add that items can 'be added
ded to a draft age-nda'verba/ly as Well as
35 memo form, letter, e-mail etc...
36
37 Page 4 11 (A) (4) Add "Items foe Future Aaendas": Any Councilmember
38 may propose items for future. agendas not yet drafted which will be
39 considered by the City Manager as those future agendas are
40 assembled.
41
42 • Page. 6 (E) 1 (a) The City Council- determines by majority vote that, an
43 emergency situation exists as, defined 'in Government Code .section
44 54956.5;
45
46 Councilmember'Healy Would like clarification from the City Attorney if E (a)
47 and' (W.,are separate Government Code Sections.
48,
August 13, 2001
Vol. 36, Page 355
1 RESO. 2001-152 NCS
2 COUNCIL RULES POLICIES AND PROCEDURES, continued
3
4 E (a) and (b) are separate. -E. (b) should reference Government Code
5 Section 54954.2 and (a) is Government Code Section 54956.5.
6
7 Councilmember Healy, suggests that with (b) the appropriate Government Code
8 Section be referenced. With respect to (a) give the definition in 54956.5 as to what
9 constitutes an emergency under the Brown Act.
10
11 In the case of an emergency"situation involving matters upon which
12 prompt action is necessary due to the disruption or threatened
13 disruption of public facilities, a legislative body may hold an emergency
14 meeting without complying with either the 23 -hour notice requirement
15 or the 24-hour posting requirement of Section 54956 or both of the
16 notice and posting requirements.
17
18 For the purposes of this section, "emergency situation" means any of
19 the following:
20 c. Work stoppage or other activity which severely impairs public
21 health, safety, or both, as determined by the majority of the
22 members of the legislative body.
23 d. Crippling disaster which severely impairs public health, safety, or
24 both, as determined by a majority of the members of the legislative
25 body.
26 However, each local newspaper of general- circulation and radio or
27 television station which has requested noice of special meetings
28 pursuant to Section 54956 shall be notified by the presiding officer of
29 the legislative body, or designee thereof, one hour prior to the
30 emergency meeting telephone and all :telephone numbers provided in
31 the most recent request of such newspaper or station for notification of
32 special meetings shall be exhausted. In the event that telephone
33 services are not functioning, the notice requirements of this section
34 shall be deemed waived, and the legislative body, or designee of the
35 legislative body, shall notify those newspapers, radio stations, or
36 television stations of the fact of the holding of the emergency meeting,
37 the purpose of the meeting, and any action taken at the meeting as
38 soon after the meeting as possible.
39
40 Not withstanding Section 54957, the legislative body shall not meet in
41 closed session during.a meeting called pursuant to this section.
42
43 All special meeting requirements, as prescribed in Section 54956 shall
44 be applicable to a meeting called pursuant to this section, with the
45 exception of the 24-hour notice requirement.
46
47 The minutes of a . meeting called pursuant to this section, a list of
48 persons who the presiding, officer of the legislative body, or designee of
Vol. 36, Page 356
August 13, 2001
1 RESO. 2001-152 NCS
2 COUNCIL RULES POLICIES AND PROCEDURES, cont1hued
3
4 the legislative body, notified or attempted to notify, a,.copy of the roll
5 call: vote, and any actions taken at the meeting shall be posted 'for' a
6 minimum of TO days in a public place as soon after the meeting as
7 possible (bras may be required by state. law).
8
9 v Page 7 F (3) Comments for the, Record: Add,-'Ifa Councilmember or a
10 member of the - public (public must- give their name,, address and
11 substance of comments) desires - that a commentbp-irricluded in the minute
12 to be recorded in minutes........
13
14 e Page - 8 111 (A) delete 2nd sentence - The Agenda need not....
15 provide.....determined, by the legislative- bo
I
16 Change "permitted" to "recognized"
17
18 Page 9,. 2 Persons who address the Council, under specific agenda
19 items will be limited to not less than three .(3) minutes.
20
21 Page 9, 111..(C) add #3 Public Comment if two people of the public elect to
22 cede their time to :a third person such that a member of the public or group
23 may have up to. 9 minutes.The two people ceding their time must be, -in
24 the audience :and either put it in writing or address- the Council at the
25 podium and state for the record that they code their time.
26
27 • Page; 9, IV. DEBATE & DECORUM
28 (A.) Gettinq the Floor: change "Chair' to "Presiding Offic&'
29
30 Page 11, V. OFFICERS AND MEMBERS 1. in the absence of the Mayor
31 and Vice Mayor, Council shall be chaired by the most senior
i6f
32 Councilmember present (senior in term). He or she will also call the
33 meeting to order.
34
35 Councilmembor Moynihan requested an Exhibit "B" be added in order to
36 have the Parliamentary Procedures at a Glance.
ce.
37
38 a Page 26, IX (F) Define interested parties as "anyone who has business
39 before the City Council or. will have business before, the City Council in the
40 foreseeable future." (Couhcilr-hemb.er may or*,'may not. ,meet with a
41 developer in City Hall or outside. of, City Nall prior to: that item, being on a
42 Council. Agenda. This not to be changed until confirmation from FPF- C
43 regarding communication with developers)
44
45 Page 26 (G) add "Any indiVi
clual City ,Councilmember may use, City
46 stationary With only their name on it.
August 1,3, 2001
Vol. 36, Page 357
1 RESO.2001-152 NCS
2 COUNCIL RULES POLICIES AND'PROCEDURES, continued
3
4
5 ® EXHIBIT "A" change the name of the .Bicycl'e, Advisory Committee to
6 Pedestrian and Bicycle Advisory Committee and change Senior Citizen
7 Center Committee to Senior,Citizen Advisory Committee
8
9 Bring back definition of Minutes, the. legal requirement when someone
10 states "for the record" and .confirm with FPPC. re: Councilmember may or
11 may not -meet with, a developer :in City Hall or outside of City Hall prior to
12 that iternr being on a CouncilAgenda.,-
13 Agenda.;13
14 CAMPAIGN FINANCE.ORDINANCE
15
16 PUBLIC COMMENT
17
18 Jane Hamilton addressed tfe Council regarding the Campaign Finance Ordinance.
19 She feels the Council has the power to change how campaigns are run. Council can
20 make the elections in Petaluma a productive process and not a money driven
21 campaign that is based on advertisements and debates. Campaign contributions
22 are the cost of doing business. There are expectations in accepting contributions
23 and a candidate must choose. what he or she is willing to give of him or herself.
24 _
25 The City can, afford the amount of money it would cost to enact the public financing.
26 We cannot afford not to-do it.
27
28 She would like an opinion from the City Attorney. regarding Councilmember
29 Moynihan having received $500 donations .in violation of'the ordinance adopted in
30 December 2000. Does he need to recuse himself from discussion or voting?
31
32 Dale Axelrod, - 522 East "D." Street, feels that instead of handing people a blank
33 checks the City should put together a program where the City becomes an advocate
34 for citizen involvement. Don't look at this so much as public financing but, as a
35 program of incentives that you could characterize as. democracy insurance.
36 Campaign spending is going to rise to a level, that it will lock out ordinary citizens
37 from participation.
38
39 John Cheney, 55 Rocca Drive, it's time to change, the system. Leave the ordinance
40 in place. 'If we have to pay as taxpayers to elect campaigns and .that's the way to
41 get a system that, is really for the people, not for the people with the money. We
42 can't keep feathering the .nest of all` those who are rich and are able to buy their
43 position because, they have the money..
44
45 Lynda Hungerford,, President of the League of Women Voters of Sonoma County
46 feels the ordinance should stand as is and opposes any measure that would
Vol. 3-6, Page 358.
August 13, 2001
11 -CAMPAIGN FINANCE, OR DI NANCE, continued
2 PUBLIC COMMENT, continued
3
4 weaken;orrepeal it., The need for a large campaign account reduces the number of
5 candidates Who can. -run. As more money -pours into campaigns, more, voters
6 become alienated from a system that suggests that Money buys influence,
7
8 Victor Chechanover, 2301' Marylyn Circle, feels that. speech 'is for those who
9 have the money to speak.. He feels. limitin
the aeriodhtof money a,person can
10 spend Will get us back to our democratic! rools.'Democracy is worth. every penny we
11 spend on it., but we; don't got democracy by allowing largo contributions tol,inf luencb
12 elections. The average - person can't afford a $500 contribution, but large
13 corporations and developers can. This ordinance gives the average person the
14 opportunity of feeling that they are contributing' to the candidate of their choice. and
15 that others, with much more money are not'inf luencing the election beyond'their own
16 capabilities of -doing so.
17
18 Hank Flurn, Petaluma Tomorrow, supports the existing Ordinance for Campaign
19 Finance -Reform. Large spacial interest. donations 'made 'in the last days. o -a
20 'campaign are impacting ' the election process. . The $200 limit encourages
21 candidates to seek a broad base of' support in their efforts to raise money., The
22 public has, a right r to know, of everyone, making, large and small contributions. in the
23 existing ordinance, a, candidate w'h'o raises $5,000 from the community becomes,.
24 eligible for public matching funds to 8C
maximum $6,60G. These funds are -offered to
25 those candidates who voluntarilyadhereto spending caps and .full disclosure of
,26 their contributors. 'Without public: financing', we would be punishing ,capable
27 candidates who. want to work for the greater good, of, our community without. being
28 beholden,to special interests.
29
30 Bill Phillips, Petaluma Tomorrow , showed an overhead to the CouP,cil. Petaluma
31 needs campaign finance reform. It puts the power in the hands of the people, and
32 reduces the influence of big money special interests. The City can,afford matching,
33 funds.
34
35 Beth Meredith, -Petaluma Tomorrow, supports the current ordinance. It is time to
36 Address the inequities and_ problems of our local campaign, financing laws.. In a
37 democracy in the United States fri'the year 2001, we cannot not afford.campaign-
38 financinci reform-..
,39
40 Elaine Woodriff, 717 North-WIDoWoll Boulevard, supp-brts the current ordinance.
41 She feels the. reform would' benefit 'the oaopI& of Petaluma by reducing the,
owned by large contributors'. encouraging 42 perception that elected offidal's�air'e I I - 111- 1 �rlg CIVIC -
43 minded people who might not, be'able to raise a, lot of money to run for office;
44 requiring candidates to focus on old -fa ' shioned-c ampaigning, including door-to-door
45 canvassing, instead of.dependi'n-g- on slick mailers.
46
August 13, 2001
Vol. 36, Page 359
1 CAMPAIGN ,FINANCE'. ORDINANCE, continued
2 PUBLIC COMMENT, con"timed
3
4 Terrance Garvey, 83 Maria Drive, feels the ordinance should be repealed in its
5 entirety. If it is not repealed, a committee should be formed to study the issue and
6 come back with recommendations.
7
8 Dick Day, 847 5th Street, Santa Rosa, spoke on behalf of Sonoma County
9 Conservation Action. He asked Petaluma to lead the other cities in Sonoma County
10 by keeping this ordinance in effect.
11
12 Councilmember Torliatt wanted Mr. Day to respond to the fact that Sonoma County
13 Conservation Action is a political action group and there are people that work for
14 SCCA who do distribute literature.
15
16 Dick Day stated that this group does have paid canvassers. They work directly for
17 candidates. They do report this as in-kind contributions to the Fair Political Practices
18 Commission. Five individuals who were either office holders or candidates the
19 group had opposed formed a committee four years ago and made a formal
20 complaint to the FPPC regarding their activity and questioned whether or not they
21 were revealing the actual value of the in-kind contributions made to the candidates.
22 After investigating -the matter, the FPPC said there was no basis for the complaint
23 and they continued to make those reports. If they're going to work in concert with
24 the candidate, they're going to be limited the same way as anyone else giving
25 money.
26
27 COUNCIL COMMENT
28
29 Councilmember Pamela Torliatt disclosed that Sonoma County Conservation Action
30 did endorse her in the last election and they did provide some canvassing for her,
31 which she did disclose on her campaign filing.
32
33 Councilmember Moynihan explained that he does believe campaign reform and
34 campaign guidelines are appropriate, and thinks. they need to 'be reasonable and
35 they need to level the playing field. His concern with the ordinance in front of
36 Council'was that he did not feel it leveled the playing field.
37
38 He referred to a memo from City Attorney Rich Rudnansky addressing the current
39 ordinance. He had asked Mr. Rudnansky how "candidate" was defined, and if it
40 applied to office holders. Councilmember Moynihan ,'believed it was clear that the
41 ordinance did not apply to office holders, and Mr. Rudnansky did not refute that
42 interpretation.
43
44 The "off" election year, between campaigns allows incumbents to raise a
45 considerable amount of money. He suggested that the ordinance be clarified and
46 asked, "various people" to "quit going around suggesting ,that other people are
Vol. 36, Page 360
August 13, 2001
1 CAMPAIGN FINANCE ORDINANCE,. continued
2 COUNCIL COMMENT, continued
3
4 breaking the Jaw." He did not think .it state that a candidate's ability to raise
5 substantial campaignTfunds meant,that: he or she was "owned"by anyone.
6
7 He referred to Bill Phillips' comments regarding the cost of mailing campaign
8 literature,, and compared it to the cost of a "slimeball hit piece." That doesWt, cost a
9 lot to do, but., 'that *W of a damaging, n,eqatiVe,.marketihg effort costs threefold,
10 four -fold, ten -fold more to go, out and counteract with a productive, truthful; open
11 type of piece.," He pointed out, that those negative types of campaigns aren't
12 addressed at, all in the current ordinance, and he saw it as a definite, weakness in
13 th'e, ordinance, because, "it puts 'those people who -follow the rules at a great
14 disadvantage to,those:who don't.' It also allows certain special interests to go out
15 and negatively impact an election, and unfairly thwart the
he opportunity of such
..16 candidates as Mr. O'Brien to get elected. I don't think that'sfair or right, and I think -
17 that needs to be addressed to make this indeed a level playing field.
18
19 bob Stern,. President of the CO'nter for Governmental Studies in Los Angeles,
20 feels our ordinance is verycomprehensive. He made suggestions for improving the
.21 ordinance.
22
23 a Disclosure threshold at $1 is too to low. It should be at least $10 or
24 higher.
25 v Lift the spending Hermit or double the spending limit or give additional public:.
26 financing .dollars.
27 * When you receive a.contribution, if it doesn't have, the occupation and
28 employer listed, that check cannot, be cashed.
29 e Independent expenditure of $25 to low.,, It should be at least $100 or $200.
30
31 He advised Council that there are twelve (12), local entities that have adopted public.
32 financing throughput the country; five of them are in. California. No local - jurisdiction
33 that has. adopted public financing has repealed it. When a jurisdiction. ad -opts public
ry
34 financing, it has imposed a spending, limit as well.: It is a volunta, spending limit, but
35 it's mandatory- if you accept. the public money. It provides, a cap for_ most candidates
36 so they know what the , ir target is. Petaiu.ma's target is $20,000 so it allows the
37 candidates to raise the money with this target in mind. Once, they reach the target,
38 they can stop raising Money. 11 reduces the need to raise money from interests
.3.9 appearing, before the Council.
40
41 Mr. Stern suggested.that an alternative to repealing the ordinance would beto: put it
42 on the ballot and let the people decide whether or not they want to Keep the
43 measure.
44
45 Coundilmember Healy, one -aspect of the San Francisco ordinance which apparently
46 bas a Voluntary spending cap, the candidates. Who, agree to comply with that
August 13, 2001
Vol. 36, Page 361
1 CAMPAIGN FINANCE ORDINANCE, continued
2
3
4 spending cap get some kind of a designation on the ballot.
5
6 Mr. Stern stated' that he has suggested that in the past, but feels it is
7 unconstitutional. It is his- understanding, the San Francisco ordinance has not been
8 challenged, but that it will in the future.
9
10 Ordinance 2106 NCS
11
12
13 Section 1.30.030 Contribution Limitation
14
15 It was Council majority to tentatively change the Contribution Limit from
16 $200 to $300.
17
18 Section 1.30.040 Disclosure Requirement
19
20 It was Council majority to tentatively change the disclosure requirement
21 from to $50.00
22
23 Page 4 (B),, Line 11, remove the word other literature.......
24
25 1.30.042 Aggregation of Contributions.
26
27 Revisit at`a later date:
28
29 1.30.044 Loan to City Candidates and Their Controlled Committees
30
31 (D) Delete -part of the last sentence: This section shall apply only to loans
32 and extensions of credit used or intended for use for campaign purposes.
33 or whiGh aFe-
34
35 1.30.05.0 Public Matching Funds:
36
37 It was Council majority to remove this section from the ordinance.
38
39 1.30.060 Eligibility for Matching Funds
40
41 It was Council majority to remove this section from the ordinance.
42
43 As it was eleven o'clock Council agreed to continue with this item.
44
45 1.30.050.{878) Independent Expenditures
46
Vol. 36, Page 362
August 13, 2001
1 CAMPAIGN FINANCE ORDINANCE, continued
2
3
4 (A) Page 8, Line 5, ,leave in the sentence, ",Each independent expenditure,
5 shall require delivery of a new notice."'
6
7 (13) Change "Any person or entity, making an independent
dependent expenditure in
8 excess of Two Hundred Dollars($200;06),ihall disclose. in any printed or
9 other political, message produced "by the expenditure, the full name of all
10 persons who contributed Fifty Ddliars ($50.00) or more to the
11' expenditure,...........
12
13 Page '9, Line 6, "direct connection with the literature, advertising, labor.;
14 mailing or otherexpense, in which the reportable activity- is contained shall
15 be reported. e _n if petWea-s P_4.Me sut�94mater4;al or- Gther,expense a
16 not othe '949.2,
17
18 Mr. Stern will research Proposition34passed by the,people does exempt
19 mailings sent to members; however, the City` of Petaluma could possible
20 change that .because we are a Charter City.
21
22 1.30.060.-(D* Enforcement
23
24 (D) (Add the language furnished by the City attorney - City Attorney to
25 determine where. it would fit into the Ordinance).
2
27 "Candidate means any person who is a candidate for Mayor or City
28 Councilfor the City of Petaluma. including incumbent Mayors or
29 Councilmembers,
appointed or elected; whether or not a. candidate for
30 reelection.",
31
32 "This chaptefjs intended, to supplement the Political Reform Act of 1974.
33 Unless a 'word is -,ipecd61)y,deWned
or term in this chapter, or the.c.ontrary.
34 is stated or clearly appears from the context,; words and terms used herein
35 shall have the same meaning as defined of used in Title.9 of the California
a6 Government Code, in which the Political Reform .Act of 1974'is codified,
37 and as supplemented by the Regulations of, the Fair Political Practices
38 Commission as set forth in Title 2, Division 6' of the California Code of
39 Regulations" as the same may be, from time .to time, amended. If a
40 definition of any word or-, term defined in this chapter is preempted by the
41 provision of the Political Reform Act or the Regulations of the Fair Political
42 Practices Commission, then the definitions in said Act and Regulations
43 shall prevail.
44
45 "Right to Cure Unknowing: Violation. In the event a candidate accepts -a
46 contribution and then becomes, aware it is in violation of the contribution
August 13, 2001
Vol. 36, Page 363
1 CAMPAIGN FINANCE ORDINANCE, continued
2
3
4 limit, that .violation by the candidate may be excused if the candidate
5 returns the contribution or contributes it to the City General Fund within 10
6 days of becoming aware of the violation."
7
8 (H) Any civil action must be filed within twelve (12) months of the filing of
9 the semi annual statements for the candidates committees of the alleged
10 violation.
11
12 It was determined..that changes would be made in draft form and brought back
13 including the two aggregation paragraphs, an alternative incentive rather than public
14 financing to support a voluntary expenditure cap.
15
16 Councilmember Moynihan made a motion to table the Campaign Finance
17 Ordinance in order -to address items 3 and 4 on the agenda. Seconded by
18 Councilmember Maguire.
19
20 Councilmember Torliatt wanted to continue the item relating to the City Clerk
21 position until a date at which time it could be discussed at length. She felt that the
22 job description of the City Clerk needed to be resolved before appointing a City
23 Clerk.
24
25 Vice Mayor Cader-Thompson agreed with Councilmember Torliatt and asked that
26 Council move forward with item Number 4, Voter Opinion Survey.
27
28 Councilmember Moynihan amended his motion to table the matter of the City Clerk
29 position and only address that portion of the item relating to the appointment of the
30 Deputy City Clerk as Interim City Clerk, seconded by Councilmember Maguire.
31
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33 AYES: O'Brien, Healy, Maguire, Moynihan, Mayor Thompson
34 NOES: Torliatt
35 ABSENT: Vice Mayor Cader-Thompson
36
37
38 RESO. 2001-153 NCS
39 APPOINTING INTERIM CITY CLERK
40
41 Resolution 20017157 NCS appointing Deputy City Clerk Paulette Lyon, Interim City
42 Clerk until rescinded 'by the City Council. Introduced by Councilmember Maguire,
43 seconded by Councilmember O'Brien.
44
45 Diane Reilly, 1657 Rainier Drive, stated she wanted to confirm that Paulette Lyon
46 would be doing the City Clerk's job description as it stands now, not the City
47 Managers Secretary. She also asked what the pay would be.
Vol. 36, Page 364
August 13, 2001
1 RESO. 2001-1153 NCS
2 APPOINTING INTERIM CITY CLERK. continued.
3
4 AYES.- O'Brien, Healy, Maguire, Moynihan, Mayor Thompson
5 NOES: Vice Mayor Cade r-Th6m Pson, Torliatt
6 ABSENT: None
7
8
9 VOTER OPINIONOURVEY
10 CAPiTAL.IMPROVEMENT,BOND ISSUE
11
12 Victor Chpchanover, Marylyn Circle, asked Council not to hire a consultant to
13 conduct a, voter opinion survey for capital ,improvement bond issue. Place it on the
14 ballot and let the voters determine what they. want.
15
16 Councilmember Moynihan is comfortable with the City Manager, Public Facilities
17 and Services Director, and Parks '& 'Recreation Director working with Godbe
18 Research to come up with the appropriate level of survey covering the areas that
19 seem to bdappropriate for public funding. When the draft survey is out and they're
20 comfortable with it, the Council should get a copy.
21
22 Onita Pellegrini, Petaluma Area Chamber of Commerce, the meetings conducted
23 between the. Chamber of Commerce' Mayor, Vice Mayor and City Manager resulted
24 in asking for a Street Survey.
25
26 There have been extensive. meetings with Novato and Godbe and What the City of
27 Novato found out in trying to tie parks and streets together was that they could; not
28 pass. The support was there for the, streets, but not for the parks measure. We
29 were strictly asking for a street 'bond measure. We have been told by the
30 professionals 'that'the simpler the measure, the more straightforward Vou are, the
31 easier the public can deal with it.
32
33 Vice Mayor Cader-Thompson asked if when Novato did their determination that
34 people would pay for streets and not parks Was it in a poll such .as the one that will
35 be conducted in Petaluma? The poll could ask questions relating to both streets
316 and parks to see where the supp6rt is. 'She would like the City Manager to work
37 through this and make a decision onproposal I or 2 and bring it baick,
38
39 Councilmember Moynihan would support the higher sampling size..
40
41 Councilmember Healy would support allowing the experts to craft the poll. The
42, focus
ocus should . be on street repair, but thinks we should also determine if support for
43 the measure goes ,up'or down if' parks are or are not included. He agrees with Me..
44 Moynihan that we should support the largqr'satinplo size so that we can get A better
45 breakdown in reviewing the data.
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August 1`3, 2001
Vol. 36, Page 365
VOTER OPINION_ SURVEY
CAPITAL,IMPROVEMENT BOND ISSUE, continued
Councilmember Torliatt would like to include Public Safety and she would also like
to know what level of detail is going to be put into the road survey. Are people going
to support it if it includes sidewalks, pedestrian and bike facilities, or does it just
include road maintenance?
City Manager Stouder stated that the professional surveyors advised that the
broader the subjects., the less reliable the outcome of the survey. The survey takes
approximately 15 minutes. You can go into one subject deeply in 15 minutes, but
less time on multiple subjects.
Motion made by Councilmember Maguire; and seconded by Councilmember
Moynihan, to authorize City Manager to enter into an agreement with Godbe
Research & Analysis for the purposes of conducting a voter opinion survey for a
capital improvement bond issue focusing on streets, sidewalks and parks.
Vice Mayor Cader-Thompson would like the motion amended to include bike lanes
in the survey.
Councilmember Maguire stated he would leave it at the City Manager's discretion in
discussion with the professionals.
AYES: O'Brien, Healy, Torliatt, Vice Mayor Cader-Thompson,
Maguire, Moynihan, Mayor Thompson
NOES: None
ABSENT: None
Meeting adjourned at 11:23 p.m.
ATTEST:
"Et Q -, d,,J�
Paulette Lyon, Interim Cky�blerk
ADJOURN
E. Clark Thompson, Mayor
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