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HomeMy WebLinkAbout05/18/2009awIPLU City of Petaluma, California CITY COUNCIL/PCDC MEETING RECAP rs5$ Monday, May 18, 2009 - 6:00 P.M. _MONDAY MAY 18, 2009 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION - 6:00 P.M. A. Roll Call - Council Member Babbitt absent. CLOSED SESSION • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) 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. PUBLIC COMMENT ON CLOSED SESSION ITEMS - None. ADJOURN TO CLOSED SESSION MONDAY MAY 18, 2009 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7:00 P.M. A. Roll Call - All present B. Pledge of Allegiance - Buzz Weisenfluh, Petaluma C. moment of Silence AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) - None. REPORT OUT OF CLOSED SESSION (Actions Taken) - None. PUBLIC COMMENT - See video/minutes- COUNCIL COMMENT - See video/minutes- CITY MANAGER COMMENT - None. 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, April 20, 2009. - Approved as presented. - Vote: 7/0 B. Approval of Minutes of Special City Council/PCDC Meeting of Monday, May 4, 2009. - Approved as presented. - Vote: 7/0 2. APPROVAL OF PROPOSED AGENDA A. Approval of Revised Proposed Agenda for Regular City Council/PCDC Meeting of Monday, June 1, 2009. - Revision No. I - Thursday, May 14, 2009. - Approved as presented. - Vote: 7/0 Petaluma City Council/PCDC Meeting Recap Monday, May 18, 2009 3. CONSENT CALENDAR A. Resolution 2009-OGG N C S Authorizing Mayor to Sign the Declaration for Data Release from PG&E in Support of the Climate Protection Campaign and the Sonoma County Water Agency's Analysis of Energy Usage in Sonoma County. (Brown) Vote: 7/0 B. Resolution 2009-OG7 N C S Authorizing Street Closures on Second Street between 'B' Street and 'D' Street Every Wednesday from June 10, 2009 through August 26, 2009, from 2 P.M. to 9p.m. for a Weekly Farmers Market. (Fish/Cook) Vote: 7/0 C. RPSOII-Ition Authorizing the City Manager t e- Extem lie e Cooperative kareement, vith (BGRj1Qrr)1e) — Continued to June 1, 2009 City Council Meeting. D. Resolution 2009-OG8 N C.5. Finding a Severe Fiscal Hardship Will Exist if Additional Local Property Tax Funds are Seized and Additional Mandates are Adopted by the State of California. (Brown) — With second to last paragraph in the resolution amended to read, "BE IT FURTHER RESOLVED, the City Council strongly urges the Governor to suspend the enactment of any new mandates on local governments, unless the state provides complete funding for all existing and new mandates." Vote: G/O (Glass abstain) E. Resolution 2009-OG9 N C S Changing the Date for Submission of the Tentative Budget from May 21, 2009 and Fixing the Date for Submission of the 2009/2010 Tentative Budget as June 4, 2009. (Brown) — Direction added to schedule an additional Special Budget Meeting prior to June 15, 2009. Vote: G/ I (Healy "no") 4. NEW BUSINESS A. Resolution 2009-070 N C S Authorizing the City Manager to Execute an Agreement with S&S Trucking for the Hauling and Beneficial Reuse or Disposal of City Biosolids. (Ban/Orr) Vote: 4/3 (Harris, Healy, Rabbit "no") 5. PUBLIC HEARINGS A. Resolution 2009-07 I A — 2009-071 F N.C.S. Ordering Abatement of Nuisance Consisting of Weeds Growing on Public/Private Property in the City of Petaluma and Ordering the Fire Chief to Remove said Weeds by Contract or His Own Force, amended to state that no gasoline -powered devices are to be used on "Spare the Air" days. (Anderson/Fergus) Vote: 2009-071 A: G/O (Glass abstain); 2009-0728: G/O (Harris abstain); 2009- 072C: G/0 (Healy abstain); 2009-072D: G/O (Rabbitt abstain); 2009-072E: G/O (Torliatt abstain); and, 2009-072F: 7/0 B. Resolution 2009-072 N C S to Adopt a Mitigated Negative Declaration; Introduction (First Reading) of Ordinance 2325 N.0 S Approval of Rezoning to a Planned Unit District (PUD) for Logan Place, a 66 -Unit Affordable Multi -family Rental Housing Community. (Moore/Robbe) - The resolution Approving the Unit Development Plan and Development Standards was amended and will return to Council for approval with the second reading of the ordinance at the June 1, 2009 Council Meeting. Vote: 7/0 ADJOURN — 10:49 p.m, Petaluma City Council/PCDC Meeting Recap Page 2 Monday, May 18, 2009 City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION Revision No Note: There WILL be CLOSED SESSION at 6:00 P.M. Monday, May 18, 2009 1: Thursday, May 14, 2009 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: Mayor: Pamela Torliatt Vice Mayor: Teresa Barrett Council Members: 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 - 6:00 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 Agenda Changes & Deletions (Current Agenda Only) Proclamations Presentations Report Out of Closed Session (Actions) Public Comment Council Comment City Manager Comment Approval of Minutes All actions are made by the City Council, unless otherwise noted. PUBLIC PARTICIPATION Public Comment on Closed Session Items Adjourn to Closed Session Approval of Proposed Agendas) 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. N 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, 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. Fhll 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 Monday, May 18, 2009 Council Chambers, City Hall, 11 English Street, Petaluma, California 94952 Regular Meeting Agenda 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: cltyofpetaluma.net Revision No. I - Thursday, May 14, 2009 MONDAY, MAY 18, 2009 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION A. Roll Call Vice Mayor Barrett; Council Members Glass, Harris, Healy, Rabbitt, and Ren6e; Mayor Torliatt CLOSED SESSION • 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 244110. — Added with Revision No. I , Thursday, May 14, 2009. (` 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, Thursday, May 14, 2009. 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 MONDAY, MAY 18, 2009 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION A. Roll Call Vice Mayor Barrett; Council Members Glass, Harris, Healy, Rabbitt, and Ren6e; Mayor Torliatt B. Pledge of Allegiance C. Moment of Silence 1 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 'lability of translation services. In consideration of those with multiple chemical sensitivities or other environmental illness, it is requested that 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, 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. Petaluma City Council/PCDC Meeting Agenda Page 2 May 18, 2009 AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) 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 hls/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 1. APPROVAL OF MINUTES A. Approval of Minutes for Regular City Council/PCDC Meeting of Monday, April 20, 2009. Approval of Minutes for Regular City Council/PCDC Meeting of Monday, May 4, 2009. 2. APPROVAL OF PROPOSED AGENDA A. Approval of Revised Proposed Agenda for Regular City Council/PCDC Meeting of Monday, June 1, 2009. - Revised with Revision No. 1, Thursday, May 14, 2009. 3. CONSENT CALENDAR A. Resolution Authorizing Mayor to Sign the Declaration for Data Release from PG&E in Support of the Climate Protection Campaign and the Sonoma County Water Agency's Analysis of Energy Usage in Sonoma County. (Brown) B. Resolution Authorizing Street Closures on Second Street between "B" Street and "D" Street Even Wednesday from June 10, 2009 through August 26, 2009, from 2 p.m. to 9p.m. for a Weekly Farmers Market. (Fish/Cook) C. Resolution Authorizing the City Manager to Execute a Cooperative Agreement with Sonoma County to Implement the Sonoma County Energy Independence Program. (Ban/Orr/Iribarne) D. Resolution Finding a Severe Fiscal Hardship Will Exist if Additional Local Property Tax Funds are Seized and Additional Mandates are Adopted by the State of California. (Brown) E. Resolution Changing the Date for Submission of the Tentative Budget from May 21, 2009 and Fixing the Date for Submission of the 2009/2010 Tentative Budget as June 4, 2009. (Brown) - Added with Revision No. I , Thursday, May 14, 2009. 4. NEW BUSINESS A. Resolution Authorizing the City Manager to Execute an Agreement with S&S Trucking for the Hauling and Beneficial Reuse or Disposal of City Biosolids. (Ban/Orr) 5. PUBLIC HEARINGS A. Discussion and Possible Action Ordering Abatement of Nuisance Consisting of Weeds Growing on Public/Private Property in the City of Petaluma and Ordering the Fire Chief to Remove said Weeds by Contract or His Own Force. (Anderson/Fergus) B. Discussion and Possible Action to Rezone the 2.6 -acre Vacant Property at 1200 Petaluma Boulevard North to a Planned Unit District and to Adopt a Mitigated Negative Declaration for Logan Place, a 66 -Unit Affordable Multi -family Rental Housing Community. (Moore/Robbe) ADJOURN Petaluma City Council/PCDC Meeting Agenda Page 4 May 18, 2009 MONDAY, JUNE 15, 2009 - EVENING SESSION - 7:00 P.M.: Regular Meeting `RESENTATION Annual Report from the Youth Commission CONSENT CALENDAR Resolution Awarding a Contract for the Recycled Water Booster Pump Station No. 2 Improvements. (Ban/Gothard) Resolution Approving a Cooperative Agreement between Caltrans and the City of Petaluma Defining the Scope of Work for the Old Redwood Highway Interchange Project. (Marengo/Lackie) Resolution Awarding American Recovery and Reinvestment Act of 2009 (ARRA) Project, Petaluma: Various Street Rehabilitation. (Marengo/Zimmer) Resolution Approving 2009-2010, 3% Increase in the Petaluma Municipal Airport Hangar and Tie -Down Rental Rates. (Marengo/Patterson) Resolution Authorizing Water Resources and Conservation Department to Advertise for Bids for Construction of the C Street Pump Station Upgrade Project. (Ban/Scherzinger) NEW BUSINESS Introduction (First Reading) of an Ordinance Authorizing the City Manager to Execute All Documents Relating to the Granting of Easement with David P. Frym and Dale E. Daniels, on Sonoma County Assessor's Parcel Numbers 007-071-009 and 007-071-010 in Connection with the Petaluma River Trail Enhancement Project. (Marengo/Zimmer) - Added with KeV151on No. I - Thursday, May 14, 2009. Introduction (First Reading) of Ordinances Amending Ordinances to Prohibit Smoking in Parks. (Brodhun) ResGlutiGR Approving the Final Map for the Quarry Heights Subdivision Located Gt 1600 Petaluma _B oulevaird sn, ith (Mareng0/Bates} — Moved to Dates to be Determined with Revision No. I — Thursday, May 14, 2009, appointments to City Boards, Commissions, and Committees. (Cooper) Resolution Approving a Regulatory Fee for Enforcement of the Alcohol -Related Nuisance Ordinance (10.68.110 PMC). (Fish/Cook) PUBLIC HEARING Resolution Adopting the City of Petaluma 2009-2014 Housing Element. (Gaebler) MONDAY, JULY 6, 2009 - EVENING SESSION - 7:00 P.M.: Regular Meeting CONSENT CALENDAR Resolution Accepting Claims and Bills for May 2009. (Haas) PCDC Resolution Approving the Project Budget and Authorizing Award of Contract for the Petaluma Downtown Street Improvement Phase 2 Project C00200603. (Marengo/Zimmer) Resolution Accepting Completion of the Washington Street 16 -inch Water Main and Sewer CIPP Project. (Ban/Gothard) Adoption (Second Reading) of an Ordinance Authorizing the City Manager to Execute All Documents Relating to the Granting of Easement with David P. Frym and Dale E. Daniels, on Sonoma County Assessor's Parcel Numbers 007-071-009 and 007-071-010 in Connection with the Petaluma River Trail Enhancement Project. (Marengo/Zimmer) - Added with Revi5lon No. I - Thursday, May 14, 2009. Adoption (Second Reading) of Ordinances Amending Ordinances to Prohibit Smoking in Parks. Brodhun) t Petaluma City Council/PCDC Meeting Agenda Page 3 May 18, 2009 REVISED TENTATIVE AGENDAS Revision No. I - Thursday, May 14, 2009 All Regular Meetings include Closed Session at 6:00 p.m. unless otherwise stated. MONDAY, JUNE 1, 2009 - EVENING SESSION - 7:00 P.M.: Regular Meeting PRESENTATION Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for April 2009. (Orr) Fireworks Education and Enforcement Program. (Anderson) CONSENT CALENDAR Accepting Claims and Bills for April 2009. (Haas) Resolution Approving Fixed Holidays for Fiscal Year 2009-2010. (Brown/Robbins) Resolution Authorizing the City Manager to Execute a Cooperative Agreement Between the City and Caltrans in the Amount Not -to -Exceed $2.85M for Delivery of Plans, Specifications and Estimates (PS&E) and Right -of -Way Acquisitions, and to Enter into a Cooperative Agreement Between the City and SCTA to Provide Construction Funding in an Amount Not -to - Exceed $1.15M for the East Washington Interchange Project (Project RDAl00280) Component of the Marin Sonoma Narrows Segment C (MSN -C) Project. (Marengo/Lackie) PCDC Resolution Approving the Project Budget, Authorizing the Award of Contract, Authorizing Use of Petaluma Community Development Commission Tax Increment Funds and Making Findings Required By California Health & Safety Code Section 33445 for the In -Roadway Pedestrian Warning System Project - McDowell Boulevard North at Sunrise Parkway. (Marengo/Zimmer) - Agenda tale updated with Revision No. I - Thursday, May 14, 2009. PCDC Resolution Approving Guidelines for the Brownfields Revolving Loan Fund Program and Authorizing Implementation. (Marengo/Zimmer) Resolution Accepting Completion of the Emergency Repair of 8 -inch Water Main Near Petaluma Boulevard North. (Ban/Gothard) Resolution Declaring a Water Shortage Emergency and Implementing Stage 1 Voluntary Conservation of the City's Water Shortage Contingency Plan. (Ban) - Added with RCV151on No. I - Thursday, May 14, 2009. Resolution Authorizing Agreement with Fire Recovery USA to Collect Mitigation Recovery Fees for Emergency Responses Services to Non -City of Petaluma Residents. (Anderson) PUBLIC HEARING Resolution Amending the FY 2008 Community Development Block Grant Action Plan to Allocate an Additional $93,164 through the HUD Recovery and Reinvestment Act of 2009. (Gaebler) MONDAY, JUNE 15, 2009 - AFTERNOON SESSION - 1:00 P.M.: Special Meeting BUDGET REVIEW Review of Proposed FY 2009-10 City of Petaluma Budget