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HomeMy WebLinkAboutCity Council Meeting Recap 09/20/2010City of Petaluma, California CITY COUNCIL/PCDC MEETING RECAP r8�$ Monday, September 20, 2010 - 6:00 P.M. MONDAY, SEPTEMBER 20, 2010 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION - 6:00 P.M. A. Roll Call - harri5 absent. CLOSED SESSION • CO NF-EIRENCE WITH REAL PRO PERTY NEGOTIATORS! PUPSUGIRt fe QGIUAMiG Gevernment Cede §54956.9, Prepe#�a. - This item was removed from the agenda. ■ CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code §54957.6. Agency Designated Representatives: John Brown and Pamala Stephens. Employee Organization: Petaluma Professional & Mid -Manager Association Unit 4 -Professional, Unit - 9 Mid -Management, and Unit 11 - Confidential/Mid- Management. ■ CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: Baywood, LLC, a California Limited Liability Company v. City of Petaluma, et al. - Sonoma Superior Court No. SCV-243426. ■ CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: EI Rose/Hayes Lane Coalition v. City of Petaluma, et al. - Sonoma Superior Court No. SCV-244939. ■ CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: James Webster v. City of Petaluma, et al. - Sonoma Superior Court No. SCV-245798. Another Closed Session item was added at the meeting, in accordance with Section 54954.2, subdivision (b), paragraph (2) of the Brown Act: ■ CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of California Government Code Section 54956.9: 1 potential case. PUBLIC COMMENT ON CLOSED SESSION ITEMS - None. ADJOURN TO CLOSED SESSION MONDAY, SEPTEMBER 20, 2010 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7:00 7:35 P.M. A. Roll Call - All present. B. Pledge of Allegiance - Pamela Tuft, Interim Director of Water Resources and Conservation C. Moment of Silence - Adjourn in memory of Angelo A. Mazzucchi and Richard Poremba. AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) - None. • Russian River Cleanup Day- September 25, 2010 Petaluma City Council/PCDC Meeting Recap Page 1 Monday, September 20, 2010 PRESENTATION • Fireworks After -Action Report Presentation REPORT OUT OF CLOSED SESSION (Actions Taken) — None. PUBLIC COMMENT — See video/minutes. COUNCIL COMMENT — See video/minutes. CITY MANAGER COMMENT— None. 0. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, September 13, 2010. — Approved as presented. Vote: 7/0 1. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of Monday, October 4, 2010. — Approved as amended to include items regarding Measure W and Proposition 26 on the November 2, 2010 ballot, and the proposed Roblar Road Quarry. Vote: 7/0 2. CONSENT CALENDAR A. Resolution 2010-1 66 N.C.S. Approving Agreement Between Sonoma -Marin Area Rail Transit District (SMART) and City of Petaluma to Allow City of Petaluma to Act as a Pass Through Agency for a $1.9M Federal Earmark for SMART Rail Projects (Marengo/Rye) Vote: 7/0 3. UNFINISHED BUSINESS A. Resolution 2010-167 N.C.S. Repealing and Updating Enabling Legislation for the Transit Advisory Committee to Reduce Committee Membership from Nine to Seven Members and Reduce the Quorum from Five to Four Members. (Marengo/Rye) Vote: 5/2 Harris, Healy "no" B. Appointing Individuals to City Boards, Commissions, and Committees. (Cooper) Resolution 2010-1 68 N.C.S. Confirming Appointments to the Youth Commission Vote: 7/0 Resolution 2010-1 G9 N.C.S. Appointing Leslie Weiss to the Animal Services Advisory Committee for a Three -Year Term Expiring June 30, 2013. Vote: 6/ I (Harris "no") Resolution 2010-170 N.C.S. Appointing Denise Sperling to the Animal Services Advisory Committee for a Three -Year Term Expiring June 30, 2013. Vote: 6/ I (Barrett "no") Resolution 20 10-17 1 N.C.S. Appointing Lynn Richardson to the Animal Services Advisory Committee for a Three -Year Term Expiring June 30, 2013. Vote: 5/2 (Healy, Torhatt "no") Petaluma City Council/PCDC Meeting Recap Page 2 Monday, September 20, 2010 Resolution 20 10-1 72 N.C.S. Appointing Sarah Young to the Senior Advisory Committee for a Two -Year Term Expiring June 30, 2012. Vote: 7/0 Resolution 20 10-1 73 N.C.S. Appointing Barbara Mutscheller to the Senior Advisory Committee for a Two -Year Term Expiring June 30, 2012. Vote: G/ I (Babbitt "no") Resolution 2010-174 N.C.S. Appointing William B. Jones to the Senior Advisory Committee to complete a Two -Year Term Expiring June 30, 2011. Vote: 5/2 (Glass, Harris "no") Resolution 20 10-1 75 N.C.S. Appointing Sheldon Gen to the Transit Advisory Committee for a Two -Year Term Expiring June 30, 2012. Vote: 5/2 (Harris, Babbitt "no") Resolution 2010-1 7G N.C.S. Appointing Sheila Valencia to the Transit Advisory Committee for a Two -Year Term Expiring June 30, 2012. Vote: 5/2 (Harris, Healy "no") Resolution 2010-177 N.C.S. Appointing Jennifer Bethke to the Public Art Committee to Complete a Four -Year Term Expiring June 30, 2012. Vote: 5/2 (Babbitt, Renee "no") C. Resolution 20 10-1 78 N.C.S. Opposing Wastewater Rate Initiative. (Danly/Cooper) Vote: 7/0 4. NEW BUSINESS A. Resolution 20 10-1 79 N.C.S. Approving Self -Fueling Agreement and Accompanying Rules and Regulations for Self -Fueling at the Petaluma Municipal Airport and Authorizing City Manager to Execute the Agreement on Behalf of the City of Petaluma. (Marengo/ Patterson) Vote: 7/0 B. Application for Use of Recycled Water by Oxfoot Associates, LLC. (Tuft) ) - Council direction to staff to proceed with the necessary environmental review processes to allow processing of said application. C. City Council Consideration and Direction to Staff Regarding the Formation of a Citizen Advisory Committee for the Station Area Planning Process. (Brown/Duiven) - Council reviewed and accepted the proposed composition of the committee, with the addition of a member of the Petaluma Youth Commission. Vote: 7/0 D. Discussion and Possible Action to Request to Add an Item to the September 20, 2010 Agenda Pursuant to Rule II (A) (3) of the City Council's Rules, Policies, and Procedures: Discussion and Possible Direction Regarding Processing of Application of Merlone Geier Management, LLC for Deer Creek Village Proposal. (Harris/Rabbitt/Healy) — Council agreed to discuss the timeline and processing of the application. They were presented with a processing timeline for the remainder of the project, and agreed to discuss in the future ways to further improve the processing of project applications. ADJOURN — I I : 10 p.m., in memory of Angelo A. Mazzucchi and Richard Poremba. Petaluma City Council/PCDC Meeting Recap Page 3 Monday, September 20, 2010 City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION Monday, September 20, 2010 Regular Meeting. 6:00 P.M. Closed Session 7100 P.M. Evening Session Revision No. I — Thursday, September I G, 201 O 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: David Glass Council Members: Teresa Barrett, Mike Harris, Mike Healy, David Rabbiff, Tiffany Renee 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 ,t actions, unless otherwise noted. ORDER OF BUSINESS — CLOSED SESSION Call to Order Roll Call Public Comment on Closed Session Items ORDER OF BUSINESS — EVENING SESSIONS Cali 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. 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, 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. 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. Requests for translators or interpreters should be made a minimum of two full working days prior to a meeting to ensure the availability of these services. Please note that City Hall is closed on Fridays. 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, September 20, 2010 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, September I G, 201 O MONDAY, SEPTEMBER 20, 2010 CLOSED SESSION 6:00 - P.M. CALL TO ORDER - CLOSED SESSION - 6:00 P.M. A. Roll Call Council Members Barrett, Harris, Healy, Rabbitt, and Ren6e; Vice Mayor Glass; Mayor Torliatt CLOSED SESSION ■ CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to California Government Code §54956.8. Property: Easement Affecting APN: 007-071-009 and 007-071-010, real property between Copeland Street and Lakeville Street. Agency Negotiators: John C. Brown, Vincent Marengo, Larry Zimmer. Negotiating Parties: David P. Frym, Dale E. Daniels. Under Negotiation: Price payment and terms. ■ CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code §54957.6. Agency Designated Representatives: John Brown and Pamala Stephens, Employee Organization: Petaluma Professional & Mid -Manager Association Unit 4 -Professional, Unit - 9 Mid -Management, and Unit 1 1 - Confidential/Mid-Management. ■ CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: Baywood, LLC, a California Limited Liability Company v. City of Petaluma, et al. - Sonoma Superior Court No. SCV-243426. • CONFiRENCE WITH LEGAL COUNSEL - EXISTING LITIGATION; Subdivision (G) ef GG1ifGFRiG GGV6FRMeRt GGd9_ §54956.9; UG Gilles v. Gity ef PetGIUMG1, et Gil. . - Removed from agenda with Revision No. I - Thursday, September I G, 201 O. ■ CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: EI Rose/Hayes Lane Coalition v. City of Petaluma, et al. - Sonoma Superior Court No. SCV- 244939. ■ CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code §54956.9: James Webster v. City of Petaluma, et al. - Sonoma Superior Court No. SCV-245798. 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 NIn 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. Requests for translators or interpreters should be made a minimum of two full working days prior to a meeting to ensure the availability of these services. Please note that City Hall is closed on Fridays. 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. Petaluma City Council/PCDC Meeting Agenda Page 2 September 20, 2010 MONDAY, SEPTEMBER 20, 2010 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION - 7:00 P.M. A. Roll Call Council Members Barrett, Harris, Healy, Rabbitt, and Renee; Vice Mayor Glass; Mayor Torliatt B. Pledge of Allegiance C. Moment of Silence AGENDA CHANGES AND DELETIONS (Changes to current agenda only.) PROCLAMATION • Russian River Cleanup Day - September 25, 2010 PRESENTATION • Fireworks After -Action Report Presentation 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 0. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, September 13, 2010. - Added with Revision No. I - Thursday, September I G, 2010. 1. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular City Council/PCDC Meeting of Monday, October 4, 2010. 2. CONSENT CALENDAR A. Resolution Approving Agreement Between Sonoma -Marin Area Rail Transit District (SMART) and City of Petaluma to Allow City of Petaluma to Act as a Pass Through Agency for a $1.9M Federal Earmark for SMART Rail Projects (Marengo/Rye) 3. UNFINISHED BUSINESS A. Resolution Repealing and Updating Enabling Legislation for the Transit Advisory Committee to Reduce Committee Membership from Nine to Seven Members and Reduce the Quorum from Five to Four Members. (Marengo/Rye) Petaluma City Council/PCDC Meeting Agenda Page 3 September 20, 2010 B. Resolutions Appointing Individuals to City Boards, Commissions, and Committees. (Cooper) - Correction made with Revision No. I — Thursday, September I G, 2010, C. Resolution Opposing Wastewater Rate Initiative. (Danly/Cooper) — Staff Report made available with Revision No. I — Thursday, September I G, 2010. 4. NEW BUSINESS A. Resolution Approving Self -Fueling Agreement and Accompanying Rules and Regulations for Self -Fueling at the Petaluma Municipal Airport and Authorizing City Manager to Execute the Agreement on Behalf of the City of Petaluma. (Marengo/ Patterson) B. Discussion and Direction to Staff Regarding an Application for Use of Recycled Water by Oxfoot Associates, LLC. (Tuft) C. City Council Consideration and Direction to Staff Regarding the Formation of a Citizen Advisory Committee for the Station Area Planning Process. (Brown/Duiven) D. Discussion and Possible Action to Request to Add an Item to the September 20, 2010 Agenda Pursuant to Rule II (A) (3) of the City Council's Rules, Policies, and Procedures: Discussion and Possible Direction Regarding Processing of Application of Merlone Geier Management, LLC for Deer Creek Village Proposal. (Harris/Rabbitt/Healy) — Added with Revision No. I — Thursday, September I G, 2010. ADJOURN Petaluma City Council/PCDC Meeting Agenda Page 4 September 20, 2010 TENTATIVE AGENDA All Regular Meetings include Closed Session at 6:00 p.m. unless otherwise stated. MONDAY, OCTOBER 4, 2010 - EVENING - 7.00 PM Regular Meeting PRESENTATIONS Healthy Communities Consortium Update: Petaluma Youth Network and Drug Free Communities Initiative. (Pat Landrum) PROCLAMATIONS International Walk and Roll to School Day - October 6, 2010 International Get to Work on Climate Protection Day - October 10, 2010 CONSENT CALENDAR Resolution Accepting Claims and Bills for August 2010. (Sato) Resolution Accepting Emergency Rescue Equipment Purchased by Sonoma County Emergency Services from the FY2009 Homeland Security Grant Program Valued at $20,000, and Authorizing the City Manager to Sign the Current Grant Compliance Agreement as well as all Future Agreements with Sonoma County Emergency Services for Grants Awarded to the City of Petaluma Fire Department. (Anderson NEW BUSINESS Resolution Approving the Project Budget and Authorizing Award of Contract for the Auto Center Dr. Extension to Petaluma Blvd. North Project. (Marengo/Lackie Resolution Adopting the City of Petaluma Updated Floodplain Management Plan. (Marengo/Bates) Resolution Accepting the Regional Transportation for Livable Communities (TLC) Funding for the Petaluma Boulevard South Road Diet Project, Amending the Fiscal Year 2010-11 Adopted CIP Budget to Include Project C16101101, Authorizing a Transfer of Funds, and Authorizing City Manager to Sign the Grant -Related Documents. (Marengo/Zimmer)