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HomeMy WebLinkAbout12/01/2008�w City of Petaluma, California CITY COUNCIL/PCDC MEETING RECAP r85$ Monday, December 1, 2008 - 6:00 P.M. MONDAY, DECEMBER 1, 2008 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION - 6:00 P.M. A. Roll Call - All present. PUBLIC COMMENT ON CLOSED SESSION ITEMS - None. ADJOURN TO CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code §54957.6. Agency Designated Representatives: Pamala Robbins and John Brown. Employee Organization: Unit 10 - Public Safety Mid -Management Association. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of California Government Code §54956.9: One potential case. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: Two potential cases. MONDAY, DECEMBER 1, 2008 EVENING SESSION — 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7:12 P.M. Roll Call - All present. B. Pledge of Allegiance - Dennis Teutschel, Petaluma. C. moment of Silence PRESENTATIONS Community Climate Action Plan Presentation - Ann Hancock, Renata brillmger, presenters Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for October 2008. (Orr) REPORT OUT OF CLOSED SESSION (Actions Taken) - None. PUBLIC COMMENT- See video/minutes. COUNCIL COMMENT- See video/minutes. CITY MANAGER COMMENT - See video/minutes. AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) - Council consensus to hear Items 3.1) and 4.E together following the Consent Calendar. 1. APPROVAL OF MINUTES A. Approval of Minutes of Special Petaluma Community Development Commission (PCDC) Meeting of Wednesday, November 12, 2008. - Approved as presented. Vote: 6/O (O'Brien abstain) B. Approval of Minutes of Regular PCDC/City Council Meeting of Monday, November 17, 2008. - Approved as presented. Vote: 6/O (Harris abstain) Petaluma City Council/PCDC Meeting Recap Page 1 Monday, December 1, 2008 APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular PCDC/City Council Meeting of December 15, 2008. — Approved as presented. Vote: 7/0 3. CONSENT CALENDAR A. Resolution 2008-2 17 N.C.S. Accepting Claims and Bilis for October 2008. (Haas) Vote: 7/0 B. Resolution 2008-218 N.C.S. Accepting Completion of the Construction Contract for the Petaluma Boulevard North Bike Lane Project No. C00200108. (Marengo/Zimmer) Vote: 7/0 C. Resolution 2008-219 N.C.S. Authorizing Staff to Apply for the Federal Highway Bridge Program Grant for the Seismic Vulnerability Evaluation of the Washington Street Bridge. (Marengo/Zimmer) Vote: 7/0 Items 3.D and 4.E were heard together next. Midway through the discussion, Council voted unanimously to continue the Public hearmg Item 5.A (Pinnacle Ridge) to a Special City Council Meeting to be held Monday, December 8, 2008 at 7:00 p.m. — this was later changed to G:00 p.m. 3.D Resolution 2008-220 N.C.S. Accepting the Completion of Public Improvements Required by the Owner Participation Agreement By and Between Basin Street Properties and the Petaluma Community Development Commission ("Theatre District Infrastructure Improvements Project C200703"). (Marengo/Zimmer) Vote: 7/0 4.E Addition of Item 4.E to the December 1, 2008 Agenda in Accordance With Council Rules, Policies, and Procedures II.A.3(a). Vote: 5/2 (Barrett, Torliatt "no") Discussion and Possible Action on the Proposed Master Agreement and First Amendment to Parking Garage Easement and Operating Agreement Presented by Basin Street Properties Regarding the Theatre District Project. (Nau/O'Brien) This item was continued to a Special City Council Meeting to be held Monday, December 8, 2008 at G:00 p.m. by a 7/0 vote of Council. 4. NEW BUSINESS A. Resolution 2008-221 N.C.S. Revising Enabling Legislation for the Pedestrian and Bicycle Advisory Committee. (Cooper) - With the addition to section 2 of "the committee shall consist of nine voting members" and deleting the wording "and who shall be a voting member" from bullet points 2 through 4. Vote: 7/0 B. Introduction (First Reading) of Ordinance 23 1 G N.G.S. of the Council of the City of Petaluma Repealing Sections 15.12.071, 15.12.072, 15.12.074, 15.12.075, 15.12.076, 15.12.077 and 15.12.078 of Chapter 15.12 and Adding Chapter 15.17, Water Conservation Regulations, to the Petaluma Municipal Code. (Ban/Orr) Vote: 7/0 C. Introduction (First Reading) of Ordinance 23 17 N.C.S. Approving Grant of Utility Easement to Pacific Gas and Electric Company in Support of the U.S. Army Corps of Engineers' Railroad Industry Track Relocation Project (#C00500103) and Authorizing the City Manager to Execute all Documents to Effect Grant of Easement. (Ban) - As amended to correct "Lakeville Road" to "Lakeville Street." Vote: 7/0 Petaluma City Council/PCDC Meeting Recap Page 2 Monday, December 1, 2008 D. Resolution 2008-222 N.C.S. Authorizing City Manager to Execute a Professional Design Services Agreement with Carollo Engineers to Complete Preparation of Volume 1 - Operations and Maintenance Manual and Volume 2 - Standard Operating Procedures in Support of Operation and Maintenance of the Ellis Creek Water Recycling Facility and to Maintain Regulatory Compliance. (Ban/Orr) Vote: 7/0 5. PUBLIC HEARING FIX Negative Declarcition fGF the PinnaGie Ridge Proposal, Located at 2762 "1" �trppf -A -6N 019-401 - 019, He No., 05-ZOA 0029 -CR. (Meere/BerbA* - This Public Hearineg was continued to a Special City Council Meeting to be held Monday, December 8, 2008 at G:00 p.m. by a 7/0 vote of Council. ADJOURN The meeting was adjourned at 12:05 a.m. At the request of Mayor Torliatt, the meeting was adjourned in memory of Carolyn Leupp. Petaluma City Council/PCDC Meeting Recap Page 3 Monday, December 1, 2008 City of Petaluma, California aw MEETING OF THE CITY COUNCIL/ PETALUM A COMMUNITY DEVELOPMENT COMMISSION r85a Monday, December 1, 2008 6:00 P.M. Closed Session 7:00 P.M. Evening Session Regular Meeting Council Chambers City Hall 11 English Street Petaluma, California 94952 WELCOME Welcome to your City of Petaluma City Council Meeting. Your City Council Members are; Pamela Torliatt, Mayor, David Rabbitt, Vice Mayor; Teresa Barrett, Samantha Freitas, Mike Harris, Karen Nau, and Mike O'Brien, Council Members CITY COUNCIL MEETINGS Regular meetings of the City Council are held on the first and third Mondays of each month. Closed Session, if any, is generally scheduled for 6:00 p.m. Evening Session for each Council Meeting is held at 7:00 p.m. The City Council Agenda may also include actions of the Petaluma Community Development Commission (PCDC), which will be clearly noted, in addition, meetings of the Petaluma Public Financing Corporation are held annually in f,- the month of December in conjunction with City Council meetings. All actions listed on the Agenda are City Council t actions, unless otherwise noted. ORDER OF BUSINESS — CLOSED SESSION — Call to Order Roil Call Public Comment on Closed Session Jtems ORDER OF BUSINESS — EVENING SESSIONS — 7:00 P:M. Call to Order Report Out of Closed Session (Actions) Roll Call Public Comment Pledge of Allegiance Council Comment Moment of Silence City Manager Comment Proclamations Approval of Minutes Presentations Approval of Proposed Agendas) All actions are made by the City Council, unless otherwise noted. PUBLIC PARTICIPATION Public Comment on Closed Session Items Adjourn to Closed Session Consent Calendar Unfinished Business New Business Public Hearing Adjourn Persons wishing to speak regarding items scheduled for Closed Session may do so at the beginning of the session, before Council leaves the Council Chambers. Each speaker must complete a Speaker Card, a supply of which is available at the rear of the Council Chambers, and submit it to the City Clerk. Each speaker will be allowed 3 minutes. General Public Comment Persons wishing to speak regarding items not on the agenda may do so during General Public Comment at the beginning of each evening session. Each speaker must complete a Speaker Card, a supply of which is available at the rear of the Council Chambers, and submit it to the City Clerk. The Mayor will call on individuals whose names appear on the Speaker Cards. Depending on the number of persons wishing to address the Council, time will be allocated in equal shares totaling no more than 15 minutes. If more than three persons wish to address Council on the same topic, they are encouraged to select a spokesperson. Public Comment on Agendized Items Persons wishing to speak regarding agendized items may do so at the beginning of that item. Each speaker must complete a Speaker Card, a supply of which is available at the rear of the Council Chambers, and submit it to the City Clerk. Each speaker will be allowed 3 minutes. The primary spokesperson for a group supporting/opposing an agenda item will be limited to 10 minutes. Up to.two members of the public may cede their time to a third individual, such that a member of the public may have 9 minutes to speak. The Council requests that you focus your comments to the issues only. No personal attacks or comments on any individual's integrity will be tolerated. Your assistance in helping to create open and civil public discussion and your participation in community issues is appreciated. Public Use of Audio -Visual Equipment During Public Comment or Presentations • You must use the equipment provided in the Council Chambers, which is a Dell laptop capable of running video DVD, Powerpoint, Word, Excel and can browse web sites. • If your presentation includes viewing a web site, please send the web address (URL) to the City Clerk* 72 hours prior to your meeting. • If your presentation is a DVD or CD, please bring the disc to the City Clerk* 72 hours prior to the meeting. • If your presentation is only a few files, you can email them to the City Clerk* 72 hours prior to the meeting. • If you're making a slide show, we can upload Acrobat or Powerpoint content to our web streaming solution. If you wish to distribute materials to Council, please submit ten copies to the City Clerk. *The City Clerk's Office may be reached by phone at 707-778-4360; by fax at 707-778-4554, or by e-mail at cityclerk@ci.petaluma.ca.us. PUBLIC HEARING PROCEDURES Public Hearings are specifically noticed items for discussion. Anyone wishing to speak regarding a Public Hearing should fill out a Speaker Card prior to the completion of the Staff Report and give it to the City Clerk. The order of business for Public Hearings is as follows: 1. Staff Presentation 4. Public Comments - 3 minutes per person 2. Applicant/Appellant - 10 minutes 5. Applicant/Appellant Rebuttal - 5 minutes 3. City Council Questions/Clarifications 6. City Council Comments/Questions/Action CONSENT CALENDAR Consent Calendar items are typically routine in nature and are considered for approval by the City Council with a single action. The City Council may remove items from the Consent Calendar for discussion. Items listed on the Consent Calendar are deemed to have been read by title. /_Te��lr7:� The agenda is posted according to Government Code §54954.2. The agenda and staff reports are available on line at the City's website, cityorpetaluma.net, six days before each meeting. Those without computers may view these materials on line at the Petaluma Regional Library, 100 Fairgrounds Drive, Petaluma; and Santa Rosa Junior College Library, 680 Sonoma Mountain Parkway, Petaluma. Binders containing paper copies of these materials are available for public viewing in the City Council Chambers, Petaluma Senior Center, 211 Novak Drive, Petaluma; and the Petaluma Community Center, 320 North McDowell Boulevard, Petaluma on the Tuesday preceding the meeting. in accordance with Government Code §54957.5, any materials of public record relating to an agenda item for a regular meeting of the City Council that are provided to a majority of the members less than 72 hours before the meeting will be made available on-line and at the City Clerk's Office, 11 English Street, during normal business hours. Materials of public record . that are distributed during the meeting shall be made available for public inspection at the meeting if prepared by the City or a member of its legislative body, or the next business day after the meeting if prepared by some other person. MI. In accordance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's Office at 707.778.4360 (voice) or 707.778.4480 (TDD). Translators, American Sign Language interpreters, and/or assistive listening devices for individuals with hearing disabilities will be available upon request. A minimum of 48 hours is needed to ensure the availability of translation services. In consideration of those with multiple chemical sensitivities or other environmental illness, it is requested that you refrain from wearing scented products. The City Clerk hereby certifies that this agenda has been posted in accordance with the requirements of the Government Code. City of Petaluma, California PETALUMA CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION AGENDA Monday, December 1, 2008 Closed Session - 6:00 p.m. Evening Session - 7:00 p.m. Council Chambers, City Hall, 11 English Street, Petaluma, California 94952 Regular Meeting City Manager's Office: Phone 707.778.4345 Fax 707.778.4419 E-mail: citymgr@ci.petaluma.ca.us City Clerk's Office: Phone 707.778.4360 Fax 707.778.4554 E-mail: cityclerk@ci.petaluma.ca.us City Website: cityofpetaluma.net MONDAY, DECEMBER 1, 2008 CLOSED SESSION — 6:00 P.M. CALL TO ORDER — CLOSED SESSION - 6:00 P.M. A. Roll Call Council Members Barrett, Freitas, Harris, Nau, O'Brien, Rabbitt and Mayor Torliatt PUBLIC COMMENT ON CLOSED SESSION ITEMS Prior to adjournment into Closed Session, the public may speak up to 3 minutes on items to be addressed in Closed Session. ADJOURN TO CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code §54957.6. Agency Designated Representatives: Pamala Robbins and John Brown. Employee Organization: Unit 10 - Public Safety Mid -Management Association, CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of California Government Code §54956.9: One potential case. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: Two potential cases. MONDAY, DECEMBER 1, 2008 EVENING SESSION — 7:00 P.M. CALL TO ORDER — EVENING SESSION - 7:00 P.M. A. Roll Call Council Members Barrett, Freitas, Harris, Nau, O'Brien, Rabbitt and Mayor Torliatt B. Pledge of Allegiance C. Moment of Silence EdIn accordance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's Office at (707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign Language interpreters, and/or assistive listening devices for individuals with hearing disabilities will be available upon request. A minimum of 48 hours is needed to ensure 7vailability of translation services. In consideration of those with multiple chemical sensitivities or other environmental illness, it is 1 jested that you refrain from wearing scented products. The City Clerk hereby certifies that this agenda has been posted in accordance with the requirements of the Government Code. In accordance with Government Code §54957.5, any materials of public record relating to an agenda item for a regular meeting of the City Council that are provided to a majority of the members less than 72 hours before the meeting will be made available on-line and at the City Clerk's Office, I 1 English Street, during normal business hours. Materials of public record that are distributed during the meeting shall be made available for public inspection at the meeting if prepared by the City or a member of its legislative body, or the next business day after the meeting if prepared by some other person. Petaluma City Council/PCDC Meeting Agenda Page 2 December 1, 2008 PRESENTATIONS Community Climate Action Plan Presentation, Ann Hancock, presenter (15 Minutes) Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for October 2008. (Orr) REPORT OUT OF CLOSED SESSION (Actions Taken) PUBLIC COMMENT Public comments are limited to 3 minutes per person. When you address the City Council, you should fill out a speaker card and submit it to the City Clerk so the order of speakers may be determined and an official record of speakers obtained. Please be ready to step forward to the microphone as soon as the previous speaker has concluded his/her comments. The public is invited to make comments on items of public interest not listed on the agenda at this time. COUNCIL COMMENT CITY MANAGER COMMENT AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) 1. APPROVAL OF MINUTES A. Approval of Minutes of Special Petaluma Community Development Commission (PCDC) Meeting of Wednesday, November 12, 2008. B. Approval of Minutes of Regular PCDC/City Council Meeting of Monday, November 17, 2008. 2. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular PCDC/City Council Meeting of December 15, 2008. 3. CONSENT CALENDAR A. Resolution Accepting Claims and Bills for October 2008. (Haas) B. Resolution Accepting Completion of the Construction Contract for the Petaluma Boulevard North Bike Lane Project No. C00200108. (Marengo/Zimmer) C. Resolution Authorizing Staff to Apply for the Federal Highway Bridge Program Grant for the Seismic Vulnerability Evaluation of the Washington Street Bridge. (Marengo/Zimmer) D. Resolution Accepting the Completion of Public Improvements Required by the Owner Participation Agreement By and Between Basin Street Properties and the Petaluma Community Development Commission ("Theatre District Infrastructure Improvements Project C200703"). (Marengo/Zimmer) 4. NEW BUSINESS A. Resolution Revising Enabling Legislation for the Pedestrian and Bicycle Advisory Committee. (Cooper) B. Introduction (First Reading) of an Ordinance of the Council of the City of Petaluma Repealing Sections 15.12.071, 15.12.072, 15.12.074, 15.12.075, 15.12.076, Petaluma City Council/PCDC Meeting Agenda Page 3 December 1, 2008 15.12.077 and 15.12.078 of Chapter 15.12 and Adding Chapter 15.17, Water Conservation Regulations, to the Petaluma Municipal Code. (Ban/Orr) C. Introduction (First Reading) of an Ordinance Approving Grant of Utility Easement to Pacific Gas and Electric Company in Support of the U.S. Army Corps of Engineers' Railroad Industry Track Relocation Project (#C00500103) and Authorizing the City Manager to Execute all Documents to Effect Grant of Easement. (Ban) D. Resolution Authorizing City Manager to Execute a Professional Design Services Agreement with Carollo Engineers to Complete Preparation of Volume 1 - Operations and Maintenance Manual and Volume 2 - Standard Operating Procedures in Support of Operation and Maintenance of the Ellis Creek Water Recycling Facility and to Maintain Regulatory Compliance. (Ban/Orr) E. Addition of Item 4.E to the December 1, 2008 Agenda in Accordance With Council Rules, Policies, and Procedures II.A.3(a). Discussion and Possible Action on the Proposed Master Agreement and First Amendment to Parking Garage Easement and Operating Agreement Presented by Basin Street Properties Regarding the Theatre District Project. (Nau/O'Brien) 5. PUBLIC HEARING A. Discussion and Possible Action Regarding a Recommendation from the Planning Commission to the City Council to Approve a Planned Unit District (PUD) Amendment to the Westridge Units 4 & 5 Subdivision, Tentative Subdivision Map for 11 Residential Units and to Adopt a Mitigated Negative Declaration for the Pinnacle Ridge Proposal, Located at 2762 "1" Street, AON 019-401-019, File No., 05-ZOA-0029-CR. (Moore/Borba) ADJOURN Petaluma City Council/PCDC Meeting Agenda Page 4 November 17, 2008 REVISED TENTATIVE AGENDA Revision No. 1: Thursday, November 13, 2008 MONDAY DECEMBER 1 2008 - 6:00 P.M. - CLOSED SESSION Regular City Council/PCDC Meeting MONDAY DECEMBER 1 2008 - 7:00 P.M.- EVENING SESSION Regular City Council/PCDC Meeting PRESENTATION Community Climate Action Plan Presentation, Ann Hancock, presenter (10 Minutes) Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for October 2008. (Orr) CONSENT CALENDAR Resolution Accepting Claims and Bills for October 2008. (Haas) Resolution Establishing the 2008-2009 Compensation Plan for Professional Employees in Unit 4. (Brown/Robbins) Resolution Establishing the 2008-2009 Compensation Plan for Department Directors in Unit 8. (Brown/Robbins) Resolution Establishing the 2008-2009 Compensation Plan for Mid -Management Employees in Unit 9. (Brown/Robbins) Resolution Ratifying Memorandum of Understanding Executed by the Duly Authorized Representatives of the City and the Public Safety Mid -Management Association for Employees of Unit 10. (Brown/Robbins) Resolution Accepting Completion of the Construction Contract for the Petaluma Boulevard North Bike Lane Project No. C00200108. (Marengo/Zimmer) Resolution Authorizing Staff to Apply for the Federal Highway Bridge Program Grant for the Seismic Vulnerability Evaluation of the Washington Street Bridge. (Marengo/Zimmer) Resolution Accepting the Completion of Public Improvements Required by the Owner Participation Agreement By and Between Basin Street Properties and the Petaluma Community Development Commission ("Theatre District Infrastructure Improvements Project C200703") (Marengo/Zimmer) UNFINISHED BUSINESS Resolution Requesting Sonoma County Board of Supervisors Allocate an Additional $1.4M in Measure M to Fund the Budget Shortfall for the East Washington Interchange Project RDA100280. (Marengo/Lackie) Petaluma City Council/PCDC Meeting Agenda Page 5 November 17, 2008 NEW BUSINESS Resolution Removing Non -Participating Members from City Boards, Commissions, and Committees and Directing Staff to Advertise to Fill the Resulting Vacancies and Other Existing Vacancies. (Cooper) Resolution to Reorganize and Combine the Youth Commission and Teen Council and Confirm Appointments Thereto. (Brodhun/Frank) Introduction (First Reading) of an Ordinance of the Council of the City of Petaluma Repealing Sections 15.12.071, 15.12.072, 15.12.074, 15.12.075, 15.12.076, 15.12.077 and 15.12.078 of Chapter 15.12 and Adding Chapter 15.17, Water Conservation Regulations, to the Petaluma Municipal Code. (Ban/Orr) Introduction (First Reading) of an Ordinance Authorizing the City Manager to Execute all Documents Relating to Granting of an Easement to Pacific Gas & Electric for Relocation of a Gas Service in Support of the U.S. Army Corps of Engineers' Railroad Industry Track Relocation Project (C00500103) (Ban) Discussion and Possible Action to Modify the Project Design for Waterfront Apartments. (Brown) — Added with Revision No. 1 on Thursday, November 13, 2008. PUBLIC HEARING Discussion and Possible Action Regarding a Recommendation from the Planning Commission to the City Council to Approve a Planned Unit District (PUD) Amendment to the Westridge Units 4 & 5 Subdivision, Tentative Subdivision Map for 11 Residential Units and to Adopt a Mitigated r` Negative Declaration for the Pinnacle Ridge Proposal, Located at 2762 "I" Street, AON 019-401- 019, File No., 05-ZOA-0029-CR. (Moore/Borba)