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HomeMy WebLinkAboutAgenda Bill 5F 12/07/2009CITY OF PETALUMA,. CALIFORNIA AGENDA ALL ®ecernber 7, 200c Agenda B'itle: Consideration and Adoption of Resolution Directing the Meeting Date: December 7, Mayor to Submit a Letter to the Sonoma County Board of Supervisors 2009 Objecting to the Revised Dutra Materials Asphalt Batch Plant Project Meeting Time: 7:00 PM Category: ^ Presentation ^ Appointments ^ Consent ^ Public Hearing ^ Unfinished Business ®New Business Department: Director: Contact, Person: Phone Number: City Manager John Brown John Brown 778-4345 City Attorney Eric W. Danly Eric W. Danly 778-4362 ~'otal Cost of Proposal or Project: Name of Fund: Amount Budgeted: Account Number: Current Fund Balance: Recommendation: It is recommended that the City Council take the following action: Deliberate and by motion adopt the attached resolution directing the Mayor to submit a letter to the Sonoma County Board of Supervisors objecting to the revised Dutra Materials Asphalt Batch Plant project 1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to,al]ow posting prior to second reading 2. ^ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second reading; see Attachment ' 3. ^ Other action requiring special notice: Notice has been given, see Attachment Summary Statement: On February 2, 2009, following expression of concern from many Petaluma citizens and groups, the entire City Council signed a letter for submission to the Board of Supervisors urging denial of the Dutra Materials Asphalt Batch Plant project ("Project") and raising objections concerning Project impacts in response to the Project Final Environmental Impact Report ("EIR"). On February 3, 2009, the Board of Supervisors held a public hearing on the considered the draft Envirommental Impact Report ("EIR") and response to comments and tentatively approved the project by a 4-1 straw vote. The project was referred to the County Planning Commission for consideration of a General Plan amendment concerning General Plan noise standards. On May 21, 2009, the Planning Commission passed on a 3-2 vote a recommendation to the Board of Supervisors to approve a General Plan amendment to allow barge operations to exceed General Plan noise standards. Subsequently, the City Council unanimously approved the Mayor's sending a letter on behalf of the. City to the Board of Supervisors raising numerous objections to the project under the California Environmental Quality Act ("CEQA") and other applicable law. The letter was submitted June 2, 2009. On June 9, 2009, the Board of Supervisors held a public hearing, considered the draft EIR and voted tentatively to deny the project on a 3-2 straw vote. The Board continued. the project to July 21, 2009 for a final vote. Prior to the July hearing, the applicant proposed a revised project and requested the item be continued for environmental evaluation of the revised project. The Board continued the item on July 21, 2009, and directed County staff to analyze the revised project and return to the Board with a summary. On December 2, 2009, city staff obtained a staff report and other materials concerning the revised Project for consideration at the December 8t" Board of Supervisors meeting. The staff report is attached to this Agenda Bill and Report as Attachment 3. Additional materials concerning the revised Project are available from the County. As can be seen from the County's staff report, the revised Project: eliminates on-site recycling equipment, reduces use of recycled asphalt, reduces peak hourly asphalt production, reduces the height of the two asphalt silos, and raises the pad elevation of the prior recycling area. The staff report also indicates that the revised Project reduces environmental impacts on aesthetics, air quality, hydrology .and water quality, noise and transportation and traffic, but does not change the Project's impacts on biological resources, geology and soils, cultural resources, hazards and hazardous materials, and land use. According to the staff report, aesthetic and air quality impacts remain significant despite the Project revisions. Attachments to Agenda Packet Item: 1. Previous Letter of Objection Submitted to the Board of Supervisors June 2, 2009 2. Draft Resolution Directing the Mayor to submit a letter to the Board of Supervisors objecting to the revised Dutra Materials Asphalt Batch Plant project. 3. Staff report for December 8 Board of Supervisors meeting Reviewed by Finance Director: Reviewed by City Attorney: A ov d Ci Mana er: Date: Date: .Date: ~Z--3 lU Rev. # Date Last Revised: File: CITY OF PETALUMA, CALIFORNIA December 7, 2009 AGENDA REPORT FOR CONSIDERATION AND POSSIBLE ADOPTION OF RESOLUTION DIRECTING THE MAYOR TO SUBMIT A LETTER TO THE SONOMA COUNTY BOARD OF SUPERVISORS OBJECTING TO THE REVISED DUTRA MATERIALS ASPHALT BATCH PLANT PROJECT 1. RECOMMENDATION: Deliberate and' by motion adopt the attached resolution directing the Mayor to submit a letter to the Sonoma County Board of Supervisors objecting to the- revised Dutra Materials Asphalt Batch Plant project 2. BACKGROUND: A revised Dutra Materials Asphalt Batch Plant project will be considered by the Board of Supervisors at its December 8th meeting. The previous project was the subject of objections and opposition from many Petaluma Citizens and groups, including two letters opposing the project submitted by the City Council. According to the County staff report, the revised Project reduces environmental impacts on aesthetics, air quality, hydrology and water quality, noise and transportation and traffic, but does not change the Project's impacts on biological resources, geology and soils, cultural resources, hazards and hazardous materials, and land use. Also according to the staff report, aesthetic and air quality impacts remain significant despite the Project revisions. 3. DlscussloN: If the City Council continues to object to the Project in its revised form, the Council may consider and adopt the attached resolution directing that the Mayor send the Board of Supervisors another letter of objection on behalf of the City Council. A draft letter will be provided for the City Council's consideration prior to the December 7th City Council meeting. 4. FINANCIAL IMPACTS: None, other than staff and city attorney time to prepare the letter and. any related documents. 1331464.1 Resolution No. 2.009-- N.C.S. of the City of Petaluma,. California Directing the 1Vlayor to. Submit a better to the Sonoflna County hoard of Supervisors objecting to the Revised Dutra 1Vlaterials Asphalt ~-etch Plant Project WHEREAS, a revised Dutra Materials Asphalt Batch Plant project ("Project") will be considered by the Board of Supervisors at its December 8, 2009 meeting; and WHEREAS, the previous Project was the subject of objections and opposition from many Petaluma citizens and groups, including two letters opposing the project submitted by the City Council; and WHEREAS, according to the County staff report for the revised project, the revised Project reduces environmental impacts on aesthetics, air quality, hydrology and water quality, noise and transportation and traffic, but does not change the Projecf's impacts on biological resources, geology and soils, cultural resources, hazards and hazardous materials, and land use; and WHEREAS, also according to the County staff report on the Project, aesthetic and air quality impacts remain significant despite the project revisions. NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council that the Mayor is hereby authorized and directed to submit to the Sonoma County Board of Supervisors on behalf of the City Council for consideration at the. Board of Supervisors' December 8, 2009 meeting a letter presenting the City's objections to the revised Project, based on environmental impacts and other issues concerning the,Proj ect substantially in accordance with the draft letter attached. to and made a part of this resolution asi Exhibit A.