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Home My WebLink About11/03/2008aw City of Petaluma, California CITY COUNCIL/PCDC MEETING RECAP rg�$ Monday, November 3, 2008 - 3:00 P.M. MONDAY, NOVEMBER 3, 2008 AFTERNOON SESSION - 3:00 P.M. CALL TO ORDER - AFTERNOON SESSION - 3:00 P.M. A. Roll Call - Council Member Freitas arrived 3:OG p.m. B. Pledge of Allegiance - "Milo," Petaluma C. Moment of Silence PROCLAMATION Arbor Day - November 22, 2008 PRESENTATION Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for September 2008. (Orr) PUBLIC COMMENT - See video/minutes. COUNCIL COMMENT- 5ee video/minutes. CITY MANAGER COMMENT - None. AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) - None. 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular PCDC/City Council Meeting of October 6, 2008. - Approved as presented. Vote: 5/0 (Freita5, Harris Afternoon 5e55ion) B. Approval of Minutes of Regular PCDC/City Council Meeting of October 20, 2008. - Approved with addition of Marcelle Guy's Public Comment. Vote: G/0 (Freita5 abstain) C. Approval of Minutes of Special PCDC/City Council Meeting of October 27, 2008. - Approved a5 presented. Vote: G/0 (O'Brien abstain) 2. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Special PCDC Meeting of Wednesday, November 12, 2008. - Approved a5 presented. Vote: 7/0 B. Approval of Revised Proposed Agenda for Regular PCDC/City Council Meeting of November 17, 2008. - Revision No. 1: Monday, November 3, 2008. - Approved a5 presented. Vote: 7/0 3. CONSENT CALENDAR A. Resolution 2008-204 N.C.5. Accepting Claims and Bills for September 2008. (Haas) Vote: 7/0 Petaluma City Council/PCDC Meeting Recap Page 1 Monday, November 3, 2008 Resolution 2008-205 N.C.S. Adopting FY 2008-2009 Gann Appropriations Limit. (Haas/Simmons) Vote: 7/0 C. PCDC Resolution 2008-08 Authorizing Submittal of Application to the United States Environmental Protection Agency for the Brownfields Assessment Grant. (Marengo/Zimmer) Vote: 7/0 4. UNFINISHED BUSINESS A. Discussion of the East Washington Interchange Project RDA100280 Status, Direction Regarding Further Action, and PCDC Resolution Making Specified Findings and Consenting in Accordance with California Health and Safety Code Section 33445 to Reallocate PCDC Funds from Right -of - Way and Construction of the Project to Right -of -Way Acquisition of Plaza North and South and Construction of Four Sound Walls as Part of the Marin/Sonoma Narrows (MSN) Segment C High Occupancy Vehicle (HOV) Project; and Recommending Sonoma County Transportation Authority (SCTA) Reallocate Existing Project Funding to Allow Caltrans to Complete Full Design of the MSN -Segment C HOV Project and Construct the Four Adjoining Sound Walls. (Marengo/Lackie) and B. Resolution Consenting to Reallocation of $4 Million of Tax Increment Funds in the Central Business District and/or Petaluma Community Development Project Areas and Adopting Findings Required by Health and Safety Code Section 33445 for the East Washington Interchange Project No. RDA100280. (Mare ngo/Lackie) - Council direction to staff to work with Caltrans to coordinate a cooperative agreement with Regency to pay for the cost of the needed right-of-way at a future date when the MSN 15 constructed. Council also directed staff to prepare a resolution to send to the Sonoma County Board of Supervisors reque5tincJ additional Measure M funds be allocated to the East Washington Project it could move forward to construction. This 15 to be placed on the November 17 Council Agenda. C. Resolution 2008-206 N.C.S. Certifying an Environmental Impact Report for the Petaluma Water Recycling Expansion Program; Approving the Project; and Making Findings of Fact, Adopting a Statement of Overriding Considerations and Adopting a Mitigation Monitoring Program. (Ban/Orr) Vote: 7/0 PUBLIC COMMENT ON CLOSED SESSION ITEMS — See video/minutes. ADJOURN TO CLOSED SESSION — 5:00 p.m. CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code §54957.6. Agency Designated Representatives: Pamala Robbins and John Brown. Employee Organizations: Represented Unit 10 - Public Safety Mid - Management Association. Unrepresented Employees Unit 4 - Professional; Unit 8 - Department Directors; Unit 9 - Mid - Management. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to subdivision (a) of California Government Code §54956.9: Sandalwood Estates, Plaintiff/Appellant v. City of Petaluma, Defendant/Respondent, First District Court of Appeals, Division 3, Case No. 122544. REPORT OUT OF CLOSED SESSION (Actions Taken) — None. ADJOURN — 5:30 p.m. At the re1Jue5t5 of Council Member O'Brien and Mayor Torliatt, the meeting was adjourned in memory of Charlie Zetterqui5t and Joseph H. Mendoza. NO EVENING SESSION Petaluma City Council/PCDC Meeting Recap Page 2 Monday, November 3, 2008 � City of Petaluma, California � L r''�r a MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION I85$ Monday, November 3, 2008 3:00 p.m. Afternoon Session NO 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. There are generally two sessions held for each Council Meeting. An Afternoon Session is usually held at 3:00 p.m. and an Evening Session held at 7:00 p.m. Starting times for Council Meeting Afternoon Sessions may vary. 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 the month of December in conjunction with City Council meetings. All actions listed on the Agenda are City Council actions, unless otherwise noted. ORDER OF BUSINESS — AFTERNOON 5E55ION5 Call to Order Proclamations/Presentations City Manager Comment Unfinished Business Roll Call Agenda Changes & Deletions Approval of Minutes New Business Pledge of Allegiance Public Comment Approval of Tentative Agenda Closed Session Moment of Silence Council Comment ORDER OF BUSINESS — EVENING 5E55ION5 Call to Order Proclamations Council Comment Roll Call Presentations City Manager Comment Pledge of Allegiance Report Out of Closed Session (Actions) Unfinished Business Moment of Silence Public Comment New Business All actions are made by the City Council, unless otherwise noted. PUBLIC PARTiCIPATION 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 afternoon and 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 of 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 2. Applicant/Appellant - 10 minutes 3. City Council Questions/Clarifications CONSENT CALENDAR 4. Public Comments -3 minutes per person 5. Applicant/Appellant Rebuttal - 5 minutes 6. City Council Comments/Questions/Action 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. AGENDAS 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, 1 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. 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, November 3, 2008 - 3:00 p.m. Council Chambers, City Hall, 1 1 English Street, Petaluma, California 94952 Regular Meeting City Manager's Office: Phone 707.7784345 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, NOVEMBER 3, 2008 AFTERNOON SESSION - 3:00 P.M. CALL TO ORDER - AFTERNOON SESSION - 3:00 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 PROCLAMATION. Arbor Day - November 22, 2008 PRESENTATION Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for September 2008. (Orr) 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 Regular PCDC/City Council Meeting of October b, 2008. L, 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 vailobility of translation services. In consideration of those with multiple chemical sensitivities or other environmental illness, it is rt .,.,ested 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, 1 I English Street, during normal business hours. Materials of public record that are distributed during the meeting shall be mode 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 November 3, 2008 B. Approval of Minutes of Regular PCDC/City Council Meeting of October 20, 2008. C. Approval of Minutes of Special PCDC/City Council Meeting of October 27, 2008. 2. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Special PCDC Meeting of Wednesday, November 12, 2008. Approval of Proposed Agenda for Regular PCDC/City Council Meeting of November 17, 2008. 3. CONSENT CALENDAR A. Resolution Accepting Claims and Bills for September 2008. (Haas) Resolution Adopting FY 2008-2009 Gann Appropriations Limit. (Haas/Simmons) C. PCDC Resolution Authorizing Submittal of Application to the United States Environmental Protection Agency for the Brownfields Assessment Grant. (Marengo/Zimmer) 4. UNFINISHED BUSINESS A. Discussion of the East Washington Interchange Project RDA 100280 Status, Direction Regarding Further Action, and PCDC Resolution Making Specified Findings and Consenting in Accordance with California Health and Safety Code Section 33445 to Reallocate PCDC Funds from Right -of -Way and Construction of the Project to Right -of -Way Acquisition of Plaza North and South and Construction of Four Sound Walls as Part of the Marin/Sonoma Narrows (MSN) Segment C High Occupancy Vehicle (HOV) Project; and Recommending Sonoma County Transportation Authority (SCTA) Reallocate Existing Project Funding to Allow Caltrans to Complete Full Design of the MSN -Segment C HOV Project and Construct the Four Adjoining Sound Walls. (Marengo/Lackie) B. Resolution of the City of Petaluma City Council Consenting to Reallocation of $4 Million of Tax Increment Funds in the Central Business District and/or Petaluma Community Development Project Areas and Adopting Findings Required by Health and Safety Code Section 33445 for the East Washington Interchange Project No. RDA100280. (Mare ngo/La ckie) C. Resolution of the Council of the City of Petaluma Certifying an Environmental Impact Report for the Petaluma Water Recycling Expansion Program; Approving the Project; and Making Findings of Fact, Adopting a Statement of Overriding Considerations and adopting a Mitigation Monitoring Program. (Ban/Orr) 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 Organizations: Represented Unit 10 - Public Safety Mid -Management Association. Unrepresented Employees Unit 4 - Professional; Unit 8 - Department Directors; Unit 9 - Mid -Management. Petaluma City Council/PCDC Meeting Agenda Page 3 November 3, 2008 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to subdivision (a) of California Government Code §54956.9: Sandalwood Estates, Plaintiff/Appellant v. City of Petaluma, Defendant/Respondent, First District Court of Appeals, Division 3, Case No. 122544. REPORT OUT OF CLOSED SESSION (Actions Taken) ADJOURN NO EVENING SESSION Petaluma City Council/PCDC Meeting Agenda Page 4 November 3, 2008 TENTATIVE AGENDAS WEDNESDAY, NOVEMBER 12 2008 - 6:00 P.M. - EVENING SESSION Special PCDC Meeting NEW BUSINESS Presentation and Discussion on the Current Status of and Developing a Strategic Vision for the Petaluma Community Development Commission. (Brown/Moore/Seifel) MONDAY, NOVEMBER 17 2008 - 6:00 P.M. - CLOSED SESSION Regular City Council/PCDC Meeting MONDAY, NOVEMBER 17, 2008 - 7:00 P.M.- EVENING SESSION Regular City Council/PCDC Meeting PROCLAMATION Comcast Cares Day CONSENT CALENDAR Resolution Approving Application for STA Funding for Petaluma Transit Operating or Capital Subsidy to Offset Standard Revenue Sources. (Marengo/Calder) Resolution Amending the Schedule of Penalties for Administrative Citations for Violations of the Petaluma Municipal Code. (Moore/Garcia) Resolution Authorizing Change Order One for the Hopper Street Pavement Rehabilitation Project No. F00228506. (Marengo/Lackie) Resolution Accepting Completion of the Sewer Outfall Replacement Project. (Ban/Orr/Gothard) Resolution Authorizing the Police Department to Accept a Traffic Safety Grant from the California Office of Traffic Safety to Host the Avoid the 13 DUI Campaign - Sonoma County Program in the Amount of $659,650.00, October 1, 2008 through January 31, 2012. (Hood/Edwards) UNFINISHED BUSINESS Discussion and Possible Introduction (First Reading) of an Ordinance Repealing Section 17.20.050 of the Petaluma Municipal Code and Adding a New Section 17.20.050 to Modify Local Amendments to the California Building Standards Code, Title 24, Part 9, 2007 California Fire Code, Regarding Regulation of Fireworks Sales and Discharge in the City (Anderson/Ginn) NEW BUSINESS Resolution Approving the Memorandum of Understanding Regarding the Sonoma Marin Water Saving Partnership. (Ban) Petaluma City Council/PCDC Meeting Agenda Page 5 November 3, 2008 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) Discussion and Possible Action to Modify the Project Design for Waterfront Apartments. (Brown) PUBLIC HEARING Public Hearing to Form Petaluma Boulevard North/Stony Point Road/Industrial Avenue Underground Utility District. (Marengo/Evert) Petaluma City Council/PCDC Meeting Agenda Page 4 October 20, 2008 Revised TENTATIVE AGENDA Revision No. I: Friday, October 17, 2008 MONDAY, NOVEMBER 3, 2008 - 3:00 P.M. Regular Meeting PRESENTATION Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for September 2008. (Orr) - Moved from Unfinished Business with Revision No. I , Friday, October 17, 2008. CONSENT CALENDAR Resolution Accepting Claims and Bills for September 2008. (Haas) Resolution Authorizing Submittal of Application to the United States Environmental Protection Agency for the Brownfields Assessment Grant. (Marengo/Zimmer) Adoption (SeGeRd ReGdiRg) ef GR Ordinance ef the GeYRGil ef the City ef PetGilurna Repealing Sections 15.12.071, 15.12.072,15.12.074, 15.12.075,15.12.076,15.12.077 GRd 15.12.078 of Chapter 15.12 GRd Adding Chapter 15.17, Water Conservation Regulations, fe the Petaluma Municipal Code. (BGR/OFF) - Moved to the November 17, 2008 Council Meeting Agenda with Revision No. I, Friday, October 17, 2008. Resolution Amending the Schedule of Penalties for Administrative Citations for Violations of the Petaluma Municipal Code. (Moore/Garcia) Resolution Adopting FY 2008-2009 Gann Appropriations Limit (Haas/Simmons) - Added with Revision No. I , Friday, October 17, 2008. UNFINISHED BUSINESS Discussion of Project Status and Direction from Council Regarding Further Action on the East Washington Interchange Project Number RDA100280. (Marengo/Lackie) Resolution of the Council of the City of Petaluma Certifying an Environmental Impact Report for the Petaluma Water Recycling Expansion Program; Approving the Project; and Making Findings of Fact, Adopting A Statement of Overriding Considerations and adopting a Mitigation Monitoring Program (Ban/Orr)-- Revised wording with Revision No. I , Friday, October 17, 2008. NEW BUSINESS 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) - Moved from the October 20, 2008 Council Meeting Agenda with Revision No. 1, Friday, October 17, 2008. Consider and Discuss Water Recycling Expansion Program. (Ban/Scherzinger) Petaluma City Council/PCDC Meeting Agenda Page 5 October 20, 2008 Discussion and Possible Action to Modify the Project Design for Waterfront Apartments. (Brown) NOVEMBER 3, 2008 - EVENING NO EVENING MEETING