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Home My WebLink About12/03/2012�wsALt'� City of Petaluma, California CITY COUNCIL/PCDSA MEETING RECAP r&5s3 Monday, December 3, 2012 - 6:00 P.M. MONDAY, DECEMBER 3, 2012 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION A. Roll Call - 12evteer aXrbe At CLOSED SESSION • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6. Agency Designated Representatives: John Brown, Scott Brodhun, and Pamala Stephens. Employee Organizations: AFSCME Unit 1 - Confidential, Unit 2 - Maintenance, Unit 3 - Clerical/Technical. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code Section 54956.9: Application of the City of Petaluma for an Order Authorizing the Permanent Relocation of One At -Grade Crossing of the Tracks of the Sonoma -Marin Area Rail Transit District, Before the Public Utilities Commission of the State of California, filed March 30, 2012, Application number A-12-03-027. PUBLIC COMMENT ON CLOSED SESSION ITEMS -See vLd eo/ynivwtte4. ADJOURN TO CLOSED SESSION MONDAY, DECEMBER 3, 2012 EVENING SESSION -7:00 P.M. CALL TO ORDER - EVENING SESSION A. Roll Call - 1?e4i de, ati-� (arrvvedl a lro- 7:30 p. wv.) B. Pledge of Allegiance - City ClerklClaixelCooper C. Moment of Silence AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) - Itenv 5.A wak ww-ved to- fbUoty thel CONSEN7- CA LENDA2. PRESENTATION • Petaluma Visitor Program GENERAL PUBLIC COMMENT - Seel vtdeo/wa*uAtes: COUNCIL COMMENT - See, vLdea/wafu,ttek: CITY MANAGER COMMENT - see, videa/eek. REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) - Noywl. Petaluma City Council/PCDSA Meeting Recap Page 1 Monday, December 3, 2012 1. APPROVAL OF MINUTES None. 2. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of Monday, January 7, 2013. - Appro-ve.& ak pre4e gtecL. Vote,. 7/0 3. CONSENT CALENDAR A. 2esolu m2012 -165 N.C.S. Declaring Canvass of Returns and Results of the Regular Municipal Election Held November 6, 2012, in Consolidation with the Statewide Presidential Election. (Cooper) Votes 7/0 B. IZe4ol uiw-w2012 -166 N.C.S. Approving Claims and Bills for October 2012. (Mushallo) Vote:7/0 C. ZascA &q -w2012 -167 N.C.S. Accepting Completion of the Construction Contract for the Cycle 8 Safe Routes to Schools Project. (St. John/Zimmer) Vote:* 7/0 D. 1Ze,4oUttw-w 2012 -168 N.C.S. Authorizing Staff to Apply for the Environmental Enhancement and Mitigation Program under Section 164.56 of the Streets and Highways Code for the 101 Corridor Tree Replacement Project, and Authorizing City Manager to Sign the Grant -Related Documents. (St. John/Zimmer) Vote:7/0 E. 1Ze4o&WG&yt12012 -169 N.C.S. Authorizing the Filing of an Application for FTA Section 5307 Funding for Replacement of Two Paratransit Vans, Transit Facility Security Upgrades, Maintenance Shop Lift Replacement, and Preventative Maintenance Projects; Committing the Necessary Local Match for the Projects; and Stating the Assurance of the City of Petaluma to Complete the Projects. (St. John/Rye) Vote. 7/0 F. Ze4olutw-w 2012 -170 N.C.S. Adopting Petaluma Transit Riders' Code of Conduct. (St. John/Rye) Vote,' 7/0 G. Petatu*na,,Covi�tm,wu ty De�v"mg4,it Succemav A Remo ctw-w 2012 -05 Accepting the Due Diligence Review Pursuant to Health and Safety Code Section 34179.5. (Alverde) Votes 7/0 Itevw 5.A wa k hea rd nzxV 5. PUBLIC HEARINGS A. Public Hearing to Levy an Annual Assessment for Fiscal Year 2013 for the Downtown Petaluma Business Improvement District and Approve Ze4oUaw*v 2012 -171 N.C.S. Establishing the Levy for the 2013 Annual Assessment for the Downtown Petaluma Business Improvement District. (Mushallo) Votes 5/0 (Yea iy, %2e4ieei rec,u4ed/) Petaluma City Council/PCDSA Meeting Recap Page 2 Monday, December 3, 2012 4. NEW BUSINESS A. IZe�ol Lw-YL/2012-172 N.C.S. Adopting the 2012 Petaluma Transit Short Range Transit Plan. (St. John/Rye) Vote • 7�0 B. 2012-173 N.C.S. Accepting the Cycle 5 Highway Safety Improvement Program Grant for the Lakeville Highway at Pine View Way Channelization Project, Approving the Proposed Project Budget, and Authorizing City Manager to Sign all Grant - Related Documents. (St. John/Zimmer) Vote:7/0 C. Introduction (First Reading) of OvdZnavue-2+49 N.C.S. Repealing Petaluma Municipal Code Chapter 8.20, "Regulation of Smoking in Certain Public Places," and Adding Chapter 8.20, "Regulation of Smoking and Tobacco Sales," to the City of Petaluma Municipal Code. (Williams)-As,amevvded/to- covvecttypographica, errors- aM,cLak �wk. Sectw-w8.20.040 (3) - a.d&sulr-Ctetw6, "Yote , wwtelk, an&otTw teen porary l,o,�„ to- th& U4V of area4, i w p u&±. places where woki Vi1lpvoha)ite&,* a4ud/Sectw-w8.20.040 (C) - eUwi4nate/itewv1, wh6dv spec4te-&that wty ,k�co l& be. allowed/ Lw up to -20r. of gaestroom t~ Lw hove ib wwtd k, a v& s� tra+We� to dv- ,re ak l ovuw a,k 80r. of th.& rootnk were, d 4!gv ated' perwt a Az+itly ak n-ow-ww rcom* Vote:7/0 D. Introduction (First Reading) of an Ordinance Adding Chapter 8.38, "Massage Establishments and Massage Workers," to the City of Petaluma Municipal Code. (Williams)-7'litevwwiU.retu�wwitYvwre�vi.�ecl ardance aterpubltici autveaJV.. E. Introduction (First Reading) of Ordi�e 2450 N.C.S. Approving an Offer to Dedicate Three Exclusive Utility Easements and One Non -Exclusive Utility Easement to Pacific Gas and Electric Company for the Purposes of Installing, Operating and Maintaining its Public Utilities within City Owned Land Known as the Petaluma Swim Center, Petaluma CA, 273 O.R. 187, APN: 007-031-004. (St. John/Bates) Vote:5/1(JZeywe& "via", g4cww reca4e&) 5. PUBLIC HEARINGS, c&YWwt� B. 2a -so w -w2012-174 N.C.S. Ordering the Summary Vacation of an Irrevocable Offer of Dedication of Grayview Way and Professional Drive as Shown on Parcel 2 of Petaluma Parcel Map No. 170, Assessor Parcel Number 007-380-005. (St. John/Bates) Vote:• 6/1 (Glace "Yw2 ) C. ge-so-1 t&yt/2012-175 N.C.S. Ordering the Vacation of a Portion of an Existing Public Sewer Easement on Assessor Parcel Numbers 007-380-005 and 007-380-027. (St. John/Bates) Vater• 6/1 ADJOURN - 11:25 p. wv. Petaluma City Council/PCDSA Meeting Recap Page 3 Monday, December 3, 2012 City of Petaluma, California PETALUMA CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY MEETING Monday, December 3, 2012 Council Chambers, City Hall, 1 1 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: citvotpetalumamet MONDAY, DECEMBER 3, 2012 CLOSED SESSION - 6:00 P.M. CALL TO ORDER - CLOSED SESSION A. Roll Call. Council Members Albertson, Barrett, Harris, Healy, Kearney, Mayor Glass, Vice Mayor Ren6e CLOSED SESSION • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6. Agency Designated Representatives: John Brown, Scott Brodhun, and Pamala Stephens. Employee Organizations: AFSCME Unit 1 - Confidential, Unit 2 - Maintenance, Unit 3 - Clerical/Technical. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government Code Section 54956.9: Application of the City of Petaluma for an Order Authorizing the Permanent Relocation of One At -Grade Crossing of the Tracks of the Sonoma -Marin Area Rail Transit District, Before the Public Utilities Commission of the State of California, filed March 30, 2012, Application number A-12- 03-027. 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 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. Petaluma City Council/PCDSA Meeting Agenda Page 2 December 3, 2012 MONDAY, DECEMBER 3, 2012 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION A. Roll Call -- Council Members Albertson, Barrett, Harris, Healy, Kearney, Mayor Glass, Vice Mayor Renee B. Pledge of Allegiance C. Moment of Silence AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) PRESENTATION • Petaluma Visitor Program GENERAL PUBLIC COMMENT During General Public Comment, the public is invited to make comments on items of public interest that are within the City Council's subject matter jurisdiction and that are not listed on the current agenda. Public comments are limited to 3 minutes per person. Depending on the number of persons wishing to address the Council, time will be allocated in equal shares totaling no more than 20 minutes. Please fill out a speaker card (available at the rear of the Council Chambers) and submit it to the City Clerk. SPEAKER CARDS FOR GENERAL PUBLIC COMMENT WILL NOT BE ACCEPTED AFTER THE MEETING BEGINS (USUALLY 7:00 P.M.) The Mayor will call on individuals whose names appear on the Speaker Cards. If more than three persons wish to address Council on the same topic, they are encouraged to select a spokesperson. Please be ready to step forward to the microphone as soon as the previous speaker has concluded his/her comments. (Cal. Gov't. Code §54954.3(a), Petaluma City Council Rules, Policies and Procedures, lll(A)) COUNCIL COMMENT CITY MANAGER COMMENT REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 1. APPROVAL OF MINUTES None. 2. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of Monday, January 7, 2013. 3. CONSENT CALENDAR A. Resolution Declaring Canvass of Returns and Results of the Regular Municipal Election Held November 6, 2012, in Consolidation with the Statewide General Election. (Cooper) B. Resolution Approving Claims and Bills for October 2012. (Mushallo) C. Resolution Accepting Completion of the Construction Contract for the Cycle 8 Safe Routes to Schools Project. (St. John/Zimmer) Petaluma City Council/PCDSA Meeting Agenda Page 3 December 3, 2012 D. Resolution Authorizing Staff to Apply for the Environmental Enhancement and Mitigation Program under Section 164.56 of the Streets and Highways Code for the 101 Corridor Tree Replacement Project, and Authorizing City Manager to Sign the Grant -Related Documents. (St. John/Zimmer) E. Resolution Authorizing the Filing of an Application for FTA Section 5307 Funding for Replacement of Two Paratransit Vans, Transit Facility Security Upgrades, Maintenance Shop Lift Replacement, and Preventative Maintenance Projects; Committing the Necessary Local Match for the Projects; and Stating the Assurance of the City of Petaluma to Complete the Projects. (St. John/Rye) F. Resolution Adopting Petaluma Transit Riders' Code of Conduct. (St. John/Rye) G. Petaluma Community Development Successor Agency Resolution Accepting the Due Diligence Review Pursuant to Health and Safety Code Section 34179.5. (Alverde) 4. NEW BUSINESS A. Resolution Adopting the 2012 Petaluma Transit Short Range Transit Plan. (St. John/Rye) B. Resolution Accepting the Cycle 5 Highway Safety Improvement Program Grant for the Lakeville Highway at Pine View Way Channelization Project, Approving the Proposed Project Budget, and Authorizing City Manager to Sign all Grant -Related Documents. (St. John/Zimmer) C. Introduction (First Reading) of an Ordinance Repealing Petaluma Municipal Code Chapter 8.20, "Regulation of Smoking in Certain Public Places," and Adding Chapter 8.20, "Regulation of Smoking and Tobacco Sales," to the City of Petaluma Municipal Code. (Williams) D. Introduction (First Reading) of an Adding Chapter 8.38, "Massage Establishments and Massage Workers," to the City of Petaluma Municipal Code. (Williams) E. Introduction (First Reading) of an Ordinance Approving an Offer to Dedicate Three Exclusive Utility Easements and One Non -Exclusive Utility Easement to Pacific Gas and Electric Company for the Purposes of Installing, Operating and Maintaining its Public Utilities within City Owned Land Known as the Petaluma Swim Center, Petaluma CA, 273 O.R. 187, APN: 007-031-004. (St. John/Bates) 5. PUBLIC HEARINGS A. Public Hearing to Levy an Annual Assessment for Fiscal Year 2013 for the Downtown Petaluma Business Improvement District and Approve Resolution Establishing the Levy for the 2013 Annual Assessment for the downtown Petaluma Business Improvement District. (Mushallo) B. Resolution Ordering the Summary Vacation of an Irrevocable Offer of Dedication of Grayview Way and Professional Drive as Shown on Parcel 2 of Petaluma Parcel Map No. 170, Assessor Parcel Number 007-380-005. (St. John/Bates) C. Resolution Ordering the Vacation of a Portion of an Existing Public Sewer Easement on Assessor Parcel Numbers 007-380-005 and 007-380-027. (St. John/Bates) ADJOURN Petaluma City Council/PCDSA Meeting Agenda Page 4 December 3, 2012 TENTATIVE AGENDA All Regular Meetings include Closed Session at 6:00 p.m. unless otherwise stated. MONDAY DECEMBER 17 2012 No- Mzet'wl.cy MONDAY JANUARY 7 2013 - EVENING - 7:00 PM Regular Meeting 5:00 - 7:00 PM - Council Reception SWEARING IN OF COUNCIL PRESENTATIONS • Citizen in Action Presentation (Anderson) • Recognition of Employee Longevity (Brown) • CAFR (Mushallo) CONSENT CALENDAR Resolution Approving Claims and Bills for November 2012. (Mushallo) Resolution Adopt the FYI 1-12 Annual Report on Development Impact Fees. (Mushallo) Adoption (Second Reading) of an Ordinance Repealing Petaluma Municipal Code Chapter 8.20, "Regulation of Smoking in Certain Public Places," and Adding Chapter 8.20, "Regulation of Smoking and Tobacco Sales," to the City of Petaluma Municipal Code. (Williams) Adoption (Second Reading) of an Ordinance Adding Chapter 8.38, "Massage Establishments and Massage Workers," to the City of Petaluma Municipal Code. (Williams) Adoption (Second Reading) of an Ordinance Approving an Offer to Dedicate Three Exclusive Utility Easements and One Non -Exclusive Utility Easement to Pacific Gas and Electric Company for the Purposes of Installing, Operating and Maintaining its Public Utilities within City Owned Land Known as the Petaluma Swim Center, Petaluma CA, 273 O.R. 187, APN: 007-031-004. (St. John/Bates) Resolution Authorizing the City Manager to Execute a Professional Services Agreement for Engineering and Inspection Services during construction of the Recycled Water Pump Station Upgrades Project. (St. John/Gothard) Resolution Approving the Project Budget and Authorizing Award of Contract for the Recycled Water Pump Station Upgrades Project. (St. John/Gothard) Resolution Accepting Completion of the Construction Contract for the Sonoma Mountain Parkway Rehabilitation Project. (St. John/Zimmer) Resolution Accepting Completion of the Community Center Roof Overlay Project. (St. John/Gothard) Petaluma City Council/PCDSA Meeting Agenda Page 5 December 3, 2012 UNFINISHED BUSINESS Adoption (Second Reading) of an Ordinance Approving New 15 -Year Franchise Agreement Between the City of Petaluma and Petaluma Refuse and Recycling, Incorporated, an Affiliate of The Ratto Group of Companies, Inc., for Solid Waste, Recyclable Materials and Yard Trimmings Services and Street Sweeping Services; and Authorizing City Manager to Execute a Franchise Agreement upon Satisfaction of the Conditions Precedent Contained in the Ordinance. (St. John/Zimmer) NEW BUSINESS Resolution Appointing Vice Mayor for Calendar Year 2013. (Cooper) Resolution Confirming Council Liaison Appointments. (Cooper) Introduction (First Reading) of an Ordinance Amending Part III of Title 15, Section 15.48 and Section 15.64, of the Petaluma Municipal Code Concerning City Sewers and Sewer Disposal. (St. John/Scherzinger) Resolution Amending the Rate Schedule for Wastewater Service and Resolution No. 2011-166 to Establish Industrial Tier Rates for Wastewater Service Charges. (St. John/Scherzinger)