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HomeMy WebLinkAbout01/05/2009a City of Petaluma, California CITY COUNCIL/PCDC MEETING RECAP '85$ Monday, January 5, 2009 - 6:00 P.M. MONDAY JANUARY 5, 2009 RECEPTION - 6:00 P.M. RECEPTION Reception in City Hall Foyer for Newly Elected Council Members, MONDAY JANUARYS, 2009 SWEARING IN CEREMONY - 7:00 P.M. SWEARING-IN CEREMONY The City Clerk swore in new City Council Members David Glass, Mike Healy, and Tiffany Ren6e. MONDAY JANUARYS, 2009 CLOSED SESSION - 7:15 P.M. CALL TO ORDER - CLOSED SESSION A. Roll Call - All present. PUBLIC COMMENT ON CLOSED SESSION ITEMS - See video/minutes. `HyJOURN TO CLOSED SESSION • 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: One potential case. - Added with Revision No. I , Wednesday, December 3 1 , 2008. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9): Sandalwood Estates, LLC v. City of Petaluma, Sonoma Superior Court No. SCV 244098 and Sandalwood Estates, LLC v. City of Petaluma, Sonoma Superior Court No. SCV 244110. MONDAY, JANUARYS, 2009 EVENING SESSION --A5-P:-N.8:00 P.M. CALL TO ORDER - EVENING SESSION - 8:30 P.M. A. . Roll Call - All present. B. Pledge of Allegiance - Denrns Elias, Petaluma C. Moment of Silence APPOINTMENT P -Solution 2009-00 1 N.C.S. Appointing Teresa Barrett as Vice Mayor for Calendar Year 2009. ,;e: 7/0 Petaluma City Council/PCDC Meeting Recap Page 1 Monday, January 5, 2009 PROCLAMATION Human Trafficking Awareness Day - January 11, 2009 REPORT OUT OF CLOSED SESSION (Actions Taken) — Council would reconvene Closed Session after the Evenincl Session on the Sandalwood Estates item. Item 3.G from tonight's meeting would be continued until the January 2G, 2009 Council Meeting. PRESENTATION Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for November 2008. (Orr) 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.) — Item 3.G moved to the January 2G, 2008 Council Meeting; Closed Session to reconvene at end of tonight's Evening Session. 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular PCDC/City Council Meeting of Monday, December 15, 2008. — Approved as presented. Vote: 4/0 (Glass, Healy, Renee abstain) APPROVAL OF PROPOSED AGENDAS A. Approval of Proposed Agenda for Special PCDC/City Council Meeting of Monday, January 12, 2009. — Approved as presented. Vote: 7/0 B. Approval of Proposed Agenda for Special City Council Workshop Meeting of Thursday, January 15, 2009. — Approved as presented. Vote: 7/0 C. Approval of Proposed Agenda for Regular PCDC/City Council Meeting of Monday, January 26, 2009. — Approved as with addition of Pinnacle Ridge Subdivision item from tonight's agenda. Vote: 7/0 CONSENT CALENDAR A. Resolution 2009-002 N.C.S. Amending the Classification Plan by Revising the Classification Specification of Fire Battalion Chief and Fire Marshal (Brown/Robbins) Vote: 7/0 Adoption (Second Reading) of an Ordinance 2320 N.C.S. 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) Vote: C. Resolution 2009-003 N.C.S. Approving East Washington Street Pedestrian Crossing Project and Accepting Proposed Project Budget, Including a Transfer of $84,885 from C00500108 to C16100902. (Marengo/Zimmer) Vote: 7/0 Petaluma City Council/PCDC Meeting Recap Page 2 Monday, January 5, 2009 D. Adoption (Second Reading) of Ordinance 231 G N.C.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 E. Resolution 2009-004 N.C.S. Accepting Completion of the Water Street North Sewer Main Replacement Project. (Ban/Gothard) Vote: 7/0 F. Adoption (Second Reading) of Ordinance 23 18 N.C.S. Authorizing Execution of First Amendment to Parking Garage Easement and Operating Agreement by and among the City of Petaluma, Petaluma Community Development Commission (PCDC), Basin Street Properties, and Petaluma Theatre District Parking, LLC and Accepting Easement. (Brown/Danly) Vote: 7/0 G. Adoption (SeGeRd ReGding) Of GR OrdiRGnGe Approving G Planned Unit District (PUD) Amendment, llnGluding the Unit Development Plan GRd Development Stein ards fer the Pinnacle Ridge Subdivision Project Consisting ef Eleven Single Fa Ily Residential Units Locate- d- cAt 0762-±9 Street, APN 019 401-019, Project File No. 05,.ZOA-0029-CR. (Meere/BerbG) — This item was continued to the January 2G, 2009 Council Meeting. H. Resolution 2009-005 N.G.S. Authorizing the Police Department to Purchase Three (3) Ford Class -E Police Interceptor Police Vehicles from Downtown Ford, Sacramento, CA, in the Amount of $93,857.98. (Hood/Evans) Vote: 7/0 4. UNFINISHED BUSINESS A. Presentation Regarding and PCDC Resolution 2009-01 Accepting Completion of Construction Contract for the 'D' Street Bridge Rehabilitation Project No. C00201204. (Marengo/Zimmer) Vote: 7/0 PUBLIC HEARING A. Downtown Petaluma Business Improvement District (DPBID): Public Hearing to Levy an Annual Assessment for Fiscal Year 2009 for the Downtown Petaluma Business Improvement District and Approval of Resolution 2009-OOG N.C.S. Levying the Assessment. (Brown/Haas) Vote: 5/0 (Healy, Renee recused) PUBLIC COMMENT ON CLOSED SESSION ITEMS — See video/minutes. ADJOURN TO CLOSED SESSION — 10:23 p.m. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9): Sandalwood Estates, LLC v. City of Petaluma, Sonoma Superior Court No. SCV 244098 and Sandalwood Estates, LLC v. City of Petaluma, Sonoma Superior Court No, SCV 244110. ADJOURN — 1 1 :04 p.m, At the re6Jue5t of Mayor Torliatt, the meeting was adjourned in memory of Emily "Millie" Libarle, Francisco Martinez, Jeffery Forney and Dick Hodge. Petaluma City Council/PCDC Meeting Recap Page 3 Monday, January 5, 2009 City of Petaluma, California aw. MEETING OF THE CITY COUNCIL/ P. PETALUMA COMMUNITY DEVELOPMENT COMMISSION Ig54' Monday, January 5, 2009 Revision No. I — Wednesday, December 3 1, 2008 • 6:00 P.M. Reception for Newly -Elected Council Members (City Hall Foyer) • 7:00 P.M. Swearing in Ceremony (Council Chambers) • 7:15 P.M. Closed Session • 8:00 P.M. Evening Session Start time changed with Regular C City Hll Y Revision No. I , Wednesday, 11 English Street December 3 1, 2008. Petaluma, California 94952 WELCOME Welcome to your City of Petaluma City Council Meeting. Your City Council Members are: Mayor: Pamela Torliatt Council Members: Teresa Barrett, David Glass, Mike Harris, Mike Healy, David Rabbitt, Tiffany Ren6e 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 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 — CLOSED SESSION — G:00 P.M. Call to Order Roll Call Public Comment on Closed Session Items ORDER OF BUSINESS — EVENING SESSIONS — 7:00 P.M. Call to Order Roll Call Pledge of Allegiance Moment of Silence Proclamations Presentations Report Out of Closed Session (Actions) Public Comment Council Comment City Manager Comment Approval of Minutes Approval of Proposed Agenda(s) 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 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. RIn 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, January 5, 2009 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 707.7784554 E-mail: cityclerk@ci.petaluma.ca.us City Website: cityofpetaluma.net Revision No. I: Wednesday, December 31 , 2008 MONDAY, JANUARY 5, 2009 RECEPTION - 6:00 P.M. RECEPTION Reception in City Hall Foyer for Newly Elected Council Members. MONDAY, JANUARY 5, 2009 SWEARING IN CEREMONY - 7:00 P.M. SWEARING-IN CEREMONY f" City Clerk will swear in new City Council Members David Glass, Mike Healy, and Tiffany Ren6e. MONDAY, JANUARYS, 2009 CLOSED SESSION - 7:15 P.M. CALL TO ORDER - CLOSED SESSION A. Roll Call Council Members Barrett, Glass, Harris, Healy, Rabbitt, Ren6e 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 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: One potential case. - Added with Revision No. I , Wednesday, December 3 1 , 2008. ,- 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 availability of translation services. In consideration of those with multiple chemical sensitivities or other environmental illness, it is 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 ore 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 January 5, 2009 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9): Sandalwood Estates, LLC v. City of Petaluma, Sonoma Superior Court No. SCV 244098 and Sandalwood Estates, LLC v. City of Petaluma, Sonoma Superior Court No. SCV 244110. MONDAY, JANUARY 5, 2009 ENING SESSION -?:45 P AA R -Of Start time changed with CALL TO ORDER - EVENING SESSION Revision No. I , Wednesday, A. Roll Call December 31 , 2008. Council Members Barrett, Glass, Harris, Healy, Rabbitt, Renee and Mayor Torliatt B. Pledge of Allegiance C. Moment of Silence APPOINTMENT Resolution Appointing Vice Mayor for Calendar Year 2009. - Wording changed to reflect inclusion of resolution and draft resolution distributed with Revision No. I , Wednesday, December 31 , 2008. PROCLAMATION Human Trafficking Awareness Day - January 11, 2009 PRESENTATION Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for November 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 Regular PCDC/City Council Meeting of Monday, December 15, 2008. APPROVAL OF PROPOSED AGENDAS A. Approval of Proposed Agenda for Special PCDC/City Council Meeting of Monday, January 12, 2009. B. Approval of Proposed Agenda for Special City Council Workshop Meeting of Thursday, January 15, 2009. C. Approval of Proposed Agenda for Regular PCDC/City Council Meeting of Monday, January 26, 2009. Petaluma City Council/PCDC Meeting Agenda Page 3 January 5, 2009 3. CONSENT CALENDAR A. Resolution Amending the Classification Plan by Revising the Classification Specification of Fire Battalion Chief and Fire Marshal. (Brown/Robbins) B. Adoption (Second 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) C. Resolution Approving East Washington Street Pedestrian Crossing Project and Accepting Proposed Project Budget, Including a Transfer of $84,885 from C00500108 to C16100902. (Marengo/Zimmer) D. Adoption (Second 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) E. Resolution Accepting Completion of the Water Street North Sewer Main Replacement Project. (Ban/Gothard) F. Adoption (Second Reading) of an Ordinance Authorizing Execution of First Amendment to Parking Garage Easement and Operating Agreement by and among the City of Petaluma, Petaluma Community Development Commission (PCDC), Basin Street Properties, and Petaluma Theatre District Parking, LLC and Accepting Easement. (Brown/Danly) G. Adoption (Second Reading) of an Ordinance Approving a Planned Unit District (PUD) Amendment, Including the Unit Development Plan and Development Standards for the Pinnacle Ridge Subdivision Project Consisting of Eleven Single -Family Residential Units Located at 2762 '1' Street, APN 019-401-019, Project File No. 05-ZOA-0029-CR. (Moore/Borba) H. Resolution Authorizing the Police Department to Purchase Three (3) Ford Class -E Police Interceptor Police Vehicles from Downtown Ford, Sacramento, CA, in the Amount of $93,857.98. (Hood/Evans) 4. UNFINISHED BUSINESS A. Presentation Regarding and PCDC Resolution Accepting Completion of Construction Contract for the 'D' Street Bridge Rehabilitation Project No. C00201204. (Marengo/Zimmer) 5. PUBLIC HEARING A. Downtown Petaluma Business Improvement District (DPBID): Public Hearing to Levy an Annual Assessment for Fiscal Year 2009 for the Downtown Petaluma Business Improvement District and Approve Resolution Levying the Assessment. (Brown/Haas) ADJOURN Petaluma City Council/PCDC Meeting Agenda Page 4 January 5, 2009 TENTATIVE AGENDAS MONDAY JANUARY 12 2009 - 7.00 P.M. - EVENING SESSION Special City Council/PCDC Meeting NEW BUSINESS Economic Development Strategy RFP Workshop. (Brown) THURSDAY JANUARY 15 2009 - WORKSHOP - 8.30 A.M. - 4.30 P.M. Special Workshop Meeting Sheraton Petaluma 745 Baywood Drive City Council Goals Workshop. MONDAY JANUARY 26 2009 - 6:00 P.M. - CLOSED SESSION Regular City Council/PCDC Meeting MONDAY JANUARY 26 2009 - 7:00 P.M. - EVENING SESSION Regular City Council/PCDC Meeting , COUNCIL LIAISON APPOINTMENTS CONSENT CALENDAR Resolution Accepting Claims and Bills for November 2008. (Haas) Resolution Approving the Project Budget and Authorizing Award of Contract for Fox Hollow Park Project No. C00400305. (Marengo/Zimmer) Resolution Approving the Project Budget and Authorizing Award of Contract for Airport Underground Storage Tank Removal Project No. C00100208. (Marengo/Zimmer) Review and File Annual Report June 30, 2008 and Adopt Resolution to Reaffirm the Necessity of Development Impact Fees. (Haas) UNFINISHED BUSINESS Resolution Urging the Sonoma County Transportation Authority (SCTA) Board to Allocate Additional Measure M Funds to Offset the Budget Shortfall for the East Washington Street Interchange Project RDA 100280 Component of Caltrans Marin/Sonoma Narrows (MSN) Segment C High Occupancy (HOV) Project and to Evaluate the Federal/State Stimulus Packages. (Marengo/Lackie) NEW BUSINESS Presentation on Decommissioning of Hopper Street Wastewater Treatment Facility and Resolution Authorizing City Manager to Execute Amendment No. 2 to the Professional Service Agreement for Interim Operation and Maintenance of City of Petaluma Wastewater Treatment Facility with CDM Constructors, Inc. for Final Draining, Cleanup and Shutdown of Wastewater Tanks, Basins and Other Facilities. (Ban/Scherzinger)