HomeMy WebLinkAboutStaff Report 1.A 01/05/20091
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1.A
January 5, 2009
,rv� A L USP
QOM City of Petalinna, California
MEETING OF THE CITY COUNCIL/
r8ea PETALUMA COMMUNITY DEVELOPMENT COMMISSION
Draft City Council/PCDC Minutes
Monday, December 15, 2008
Regular Meeting
DECEMBER 15, 2008
CLOSED SESSION
CALL TO ORDER - CLOSED SESSION - 6:00 P.M.
A. Roll Call
Present: Teresa Barrett, Samantha Freitas, Mike Harris, Karen Nau, Mike O'Brien,
David Rabbitt, Pamela Torliatt
Absent: None
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
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.
DECEMBER 15, 2008
EVENING SESSION
CALL TO ORDER - EVENING SESSION - 7:00 P.M.
A. Roll Call
Present: Teresa Barrett, Samantha Freitas, Mike Harris, Karen Nau, Mike O'Brien,
David Rabbitt, Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Nicholas Harris, Petaluma
Mayor Torliatt asked that the meeting be adjourned in memory of City of Woodburn Police
Captain Tom Tennant, and Oregon State Police Senior Trooper William Hakim, killed in the
recent bank bombing in Woodburn, Oregon.
C. Moment of Silence
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Vol. XX, Page 2
PROCLAMATION
Adobe Road Winery
Mayor Torliatt
December 15, 2008
Kevin Buckler, Owner, Adobe Road Winery
REPORT OUT OF CLOSED SESSION (Actions Taken)
None.
Mayor Torliatt asked to hear Item 5.A next. Council agreed.
5. NEW BUSINESS
A. Resolution 2008-226 N.C.S. Adding the Teen Council to the Petaluma Youth
Commission, Forming One Youth Commission and Establishing a Process for
Appointments Thereto; and Motion Confirming Youth Members of the
Commission. (Brodhun/Frank)
Parks and Recreation Director Scott Brodhun
Leo Clare do Ceu, Petaluma
Mayor Torliatt
Director Brodhun
Council Member Barrett
Motion: Approve A. Resolution 2008-226 N.C.S. Adding the Teen Council to the
Petaluma Youth Commission, Forming One Youth Commission and Establishing a
Process for Appointments Thereto; and Motion Confirming Youth Members of the
Commission, and Council direction to staff that a report of Youth Commission
activities is to be brought to Council on an annual basis.
Moved by Teresa Barrett, seconded by David Rabbitt.
Vote: Motion carried 7-0
Yes: Teresa Barrett, Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Robbitt; Pamela Torliatt
No: None
Abstain: None
Absent: None
PUBLIC COMMENT
Katherine Bobrowski, Petaluma, thanked the City for distributing flyers at her mobile home park
clarifying the rules for parking in fire lanes but said they are not being enforced.
IG'
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December 15, 2008
Vol. XX, Page 3
Zen Destiny, Petaluma, spoke about the economic crisis, and told Council, "The financial bailout
isjust a platinum parachute for the criminals who made this mess."
Leo Clare do Ceu, Petaluma, spoke about a survey taken by the Youth Commission teen
members regarding the School Resource Officers being removed from campuses. He read
examples of responses from several students.
Shelley Campbell, Petaluma, said she attended two ridgeline and hillside sub -committee
meetings and was treated very rudely by an individual at the meetings. She also spoke about
the importance of notifying the public regarding meetings such as these.
COUNCIL COMMENT
Mayor Torliatt
Council Member Harris
Mayor Torliatt
Vice Mayor Rabbitt
Council Member Barrett
Council Member O'Brien asked that the meeting be adjourned in memory of Don O'Mohandro,
Petaluma.
Council Member Nau
Council Member Freitas asked that anyone who can help children going without this Xmas
contact Dick Sharkey. She then read an e-mail from Diane Reilly Torres regarding work done for
an elderly woman in a mobile home park free of charge. Ms. Torres wrote to commend the
generosity of those that made the work possible: Michael Hardison from Hitmen Termite and Pest
Control in Santa Rosa, Pest Control Operators of California; Dan Foppe and Harold Matzen from D
8 R Termite and Matzen Pest Control in Petaluma; Larry Schork, Schork Inspection Services, Inc.;
Norm La Mothe, Bay Counties Termite 8 Pest Control, Van Hooser, Inc. The Quality Inn and
Applebee's restaurant provided hotel and meals for the citizen while the work was being done.
Mayor Torliatt
CITY MANAGER COMMENT
City Manager Brown
AGENDA CHANGES AND DELETIONS - Changes to current agenda only.
None.
APPROVAL OF MINUTES
A. Approval of Minutes of Regular PCDC/City Council Meeting of Monday,
December 1. 2008.
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Vol. XX, Page 4
2.
3.
December 15, 2008
Motion: Approve A. Minutes of Regular PCDC/City Council Meeting of Monday,
December 1, 2008, as presented.
Moved by Mike O'Brien, seconded by Samantha Freitas.
Vote: Motion carried 7-0.
Yes: Teresa Barrett, Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: None
APPROVAL OF PROPOSED AGENDA
Approval of REVISED Proposed Agenda for Regular PCDC/City Council Meeting of
January 5, 2009. - Revised Thursday, December 11, 2008.
Motion: Approve A. REVISED Proposed Agenda for Regular PCDC/City Council
Meeting of January 5, 2009, as presented.
Moved by Teresa Barrett, seconded by Samantha Freitas.
Vote: Motion carried 7-0.
Yes: Teresa Barrett, Samantha Freitas; Mike Harris; Karen Nau; Mike
O'Brien; David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: None
CONSENT CALENDAR
A. Resolution 2008-227 N.C.S. Declaring Canvass of Election of November 4, 2008.
(Cooper)
B. Resolution 2008-228 N.C.S. Authorizing the Addition of Laboratory Analyst to the
Department of Water Resources and Conservation's FY 2008-2009 Authorized
Positions. (Ban)
C. Adoption (Second Reading) of Ordinance 2317 N.C.S. Approving Grant of Utility
Easement to Pacific Gas and Electric Company in Support of the U.S. Army Corps
of Engineers' Railroad Industry Track Relocation Project (C00500103) and
Authorizing the City Manager to Execute all Documents to Effect Grant of
Easement. (Ban)
D. Resolution 2008-229 N.C.S. Amending Resolution No. 2008-198 N.C.S. for an Urban
Streams Restoration Grant for the Denman Reach Phase 3 Project to Amend the
Non -Profit Agency Partner from the Southern Sonoma County Resource
Conservation District to the Conservation Corps North Bay. (Ban/Scherzinger/Tuft)
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December 15, 2008
Vol. XX, Page 5
E. Resolution 2008-230 N.C.S. Amending the Classification and Compensation Plan
by Establishing the New Classification, Pay Range, and Assignment of
Environmental Services Supervisor. (Brown/Robbins)
Resolution 2008-231 N.C.S. Amending the Classification and Compensation Plan
by Establishing the New Classification, Pay Range, and Assignment
of Environmental Compliance Inspector. (Brown/Robbins)
G. Resolution 2008-232 N.C.S. Amending the Classification and Compensation Plan
by Establishing the New Classification, Pay Range, and Assignment of Laboratory
Analyst. (Brown/Robbins)
H. Resolution 2008-233 N.C.S. Amending the Classification and Compensation Plan
by Establishing the New Classification, Pay Range, and Assignment of Senior
Environmental Chemist. (Brown/Robbins)
I. Resolution 2008-234 N.C.S. Establishing the 2008-2009 Compensation Plan for
Professional Employees in Unit 4. (Brown/Robbins)
J. Resolution 2008-235 N.C.S. Establishing the 2008-2009 Compensation Plan for
Department Directors in Unit 8. (Brown/Robbins)
K. Resolution 2008-236 N.C.S. Establishing the 2008-2009 Compensation Plan for Mid -
Management Employees in Unit 9. (Brown/Robbins)
L. Resolution 2008-237 N.C.S. Ratifying Memorandum of Understanding Executed by
the Duly Authorized Representatives of the City and the Public Safety Mid -
Management Association for Employees of Unit 10. (Brown/Robbins)
M. Resolution 2008-239 N.C.S. Approving the Position Reallocation of Secretary in the
Public Works Department. (Brown/Robbins) - Removed for discussion.
N. Resolution 2008-238 N.C.S. Removing State Street Bank and Trust Company as
Passive Nondiscretionary Trustee of the Trust for the City of Petaluma 401 (A)
Employer Discretionary Retirement Plan and Appointment of Reliance Trust
Company as Successor Passive Nondiscretionary Trustee of the Trust for the Plan.
(Brown/Robbins)
O. Resolution 2008-240 N.C.S. Approving a Planned Use of Expending 2008-09
Proposition 1 B Local Streets and Roads Funds. (Marengo/Zimmer) - Removed for
discussion.
Resolution 2008-241 N.C.S. Authorizing the Police Department to Accept a Traffic
Safety Grant from the California Office of Traffic Safety for a Sobriety Checkpoint
Program in the Amount of $13,900.54. (Hood/Thomas) - Removed for discussion.
Q. Adoption (Second Reading) of Ordinance 2318 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) - Removed for discussion.
Vol. XX, Page 6 December 15, 2008
R. Adoption (Second Reading) of Ordinance 2319 N.C.S. 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) - Removed for discussion.
Mayor Torliatt asked to remove CONSENT CALENDAR Items 3.M, 3.0, 3.P, 3.Q, and 3.R.
Motion: Approve CONSENT CALENDAR Items 3.A, 3.11, 3.C, 3.1), 3.E, 3.F, 3.G, 3.H, 3.1, 3.J,
34 31, and 3.N.
Moved by Mike O'Brien, seconded by Teresa Barrett.
Vote: Motion carried 7-0
Yes: Teresa Barrett, Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: None
Council Member Freitas (Item 3.M)
City Manager Brown
Council Member Freitas
Human Resources Manager Pamala Robbins
Council Member Freitas
Mayor Torliatt
Motion: Approve M. Resolution 2008-239 N.C.S. Approving the Position Reallocation of
Secretary in the Public Works Department.
Moved by Samantha Freitas, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett, Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Council Member O'Brien recused himself for Item 3.0 and left the dais
Motion: Approve O. Resolution 2008-240 N.C.S. Approving a Planned Use of Expending
2008-09 Proposition 1 B Local Streets and Roads Funds.
Moved by Samantha Freitas, seconded by Karen Nau.
December 15, 2008
Mayor Torliatt
Vote: Motion carried 6-0
Yes:
Teresa Barrett, Samantha Freitas; Mike Harris; Karen Nau;
David Rabbitt; Pamela Torliatt
No:
None
Abstain:
Mike O'Brien
Absent:
None
Council Member O'Brien returned to the dais.
Public Comment on Item 3.P
Vol. XX, Page 7
Zen Destiny, Petaluma, spoke about the tragedy of drunk drivers. He then spoke in
opposition to Sobriety Check Points, and about protection of Fourth Amendment Rights.
Motion: Approve P. Resolution 2008-241 N.C.S. Authorizing the Police Department to
Accept a Traffic Safety Grant from the California Office of Traffic Safety for a Sobriety
Checkpoint Program in the Amount of $13,900.54.
Moved by Mike O'Brien, seconded by Samantha Freitas.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett, Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Mayor Torliatt
Council Member Barrett (Item 3.Q) read from a statement she had prepared for the
record expressing her reasons for voting against this item and changes she hopes to see
in the Council's decision-making process in the future.
Council Member O'Brien
Council Member Nau
Council Member Freitas
Mayor Torliatt
Motion: Call for the question
Moved by Pamela Torliatt, seconded by Teresa Barrett.
Vote: Motion carried 6-1.
Yes: Pamela Torliatt; Samantha Freitas; Mike Harris; Karen Nau;
Vol. XX, Page 8 December 15, 2008
Mike O'Brien; Teresa Barrett
No: David Rabbitt
Abstain: None
Absent: None
Motion: Approve Q. Adoption (Second Reading) of Ordinance 2318 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.
Moved by Mike O'Brien, seconded by Karen Nau.
Vote: Motion carried 5-2.
Yes: Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt
No: Teresa Barrett; Pamela Torliatt
Abstain: None
Absent: None
City Attorney Danly
Vice Mayor Rabbitt
Mayor Torliatt (Item 3.11)
Community Development Director Mike Moore
City Attorney Danly
Director Moore
Mayor Torliatt
Public Comment on Item 3.11
Scott Stegemen, Petaluma, told Council that "at their worst" they are better than some
Councils he has spoken to. He then spoke about noticing requirements that he does not
think have been met.
Richard Brawn, Petaluma, lives directly below development. He believes that approval of
this project will surely lead to litigation.
Shelley Campbell, Petaluma, pointed out where her house was in relation to the
proposed project, and spoke about the increased fire danger that she believes the
project will cause.
Rick Carlson, Petaluma, said that in spite of his strong disapproval of this item, he vowed
to keep his shoes on.
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4.
December 15, 2008
Vol. XX, Page 9
Iry Pitrokowski, Petaluma, attorney in Petaluma for 34 years, said he sees a disturbing
trend. It used to be that newcomers to Petaluma were welcomed, but now it seems like
we want to draw a curtain around us and not let anyone else in. He added, "To say that
there has not been adequate opportunity to comment on this is ridiculous."
Council Member Freitas
Fire Marshal Mike Ginn
Council Member Freitas
Director Moore
Council Member Freitas
City Attorney Donly
Mayor Torliatt
Council Member Freitas
Director Moore
Vice Mayor Rabbift
Director Moore
Mayor Torliatt
Motion: Approve R. Adoption (Second Reading) of Ordinance 2319 N.C.S. 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.
OS-ZOA-0029-CR. (Moore/Borba)
Moved by Mike O'Brien, seconded by Karen Nau.
Vote: Motion carried 5-2.
Yes: Samantha Freitas; Mike Harris; Karen Nau; Mike O'Brien; David Rabbitt
No: Teresa Barrett; Pamela Torliatt
Abstain: None
Absent: None
UNFINISHED BUSINESS
A. Discussion and Introduction (First 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)
Vol. XX, Page 10 December 15, 2008
Fire Chief Larry Anderson
Council Member Freitas
Chief Anderson
Council Member Harris
Chief Anderson
Council Member Harris
Chief Anderson
Council Member Barrett
Vice Mayor Rabbitt
Council Member Nau
Fire Marshal Mike Ginn
Council Member Nau
Fire Marshal Mike Ginn
Council Member Freitas
Public Comment on Item 4.A
Dick Sharkey, Petaluma, said that if this ordinance is passed, the McDowell Drug
Task Force will be unable to put enough money back into the community to
make it worthwhile for them to have the fireworks booths. He said, "You cannot
trust people to use common sense - unless you drill a hole in their heads and pour
it in." Banning fireworks will not keep those without common sense from using
dangerous fireworks every day.
Dennis Revell, TNT Fireworks, said the proposal before Council is a "consensus
document" and is the result of working with law enforcement agencies
throughout the County.
Vice Mayor Rabbitt
Mr. Revell
Council Member Harris
Council Member Freitas
Mr. Revell
Council Member Freitas
December 15, 2008
Mr. Revell
Mayor Torliatt
Mr. Revell
Mayor Torliatt
Vice Mayor Rabbiff
Vol. XX, Page 11
Katherine Bobrowski, Petaluma, asked if it was legal to sell fireworks in residential
areas.
Tiffany Renee, Petaluma, didn't see any information about air pollution from
fireworks as it relates to our efforts to reduce our carbon footprint.
James Pero, Petaluma, spoke in support of Dick Sharkey and also said he wasn't
too worried about emissions on one day of the year, "As we celebrate the
birthday of our country."
Fire Marshal Mike Ginn
Council Member Nau
Fire Marshal Ginn
Mayor Torliatt
Mr. Revell
Council Member Nau
Mayor Torliatt
Council Member Freitas
Vice Mayor Rabbiff
Council Member O'Brien
Council Member Barrett
Motion: Continue this item to the January 5, 2009 Council Meeting.
Moved by Teresa Barrett, seconded by Samantha Freitas.
Vice Mayor Rabbitt
Mayor Torliatt
Council Member O'Brien
i6,
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Vol. XX, Page 12
December 15, 2008
Council Member Harris
Council Member Barrett
Mayor Torliatt
City Attorney Danly
Council Member Freitas
Council Member Barrett amended her motion to include an "Adopt -a -Park"
program and to remove the $250 fee for the first year.
Council Member Freitas amended her second.
City Attorney Danly
Council Members Barrett and Freitas withdrew their motion and second.
Motion: Approve Introduction (First 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.
Moved by Mike O'Brien, seconded by Samantha Freitas.
Vote: Motion carried 7-0.
Yes: Teresa Barrett, Samantha Freitas; Mike Harris; Karen Nou;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: None
B. Resolution -Urging4he-Sonoma-County Transportation -Authority -(SETA)- Board -te
Allocate -AAciditionakVteasu,e n f,,nds4, Offset4ho nudge+cti_y„ort+rallfar+�s+
lllfashington-Street-�gc °roJect RDA�,__,i nD2$0 Component Gf Caltrans
Marin/SonorTlagJOFF Ns (MSN) Segment C uigh_Ocsupancy4+IOy)_Project anci_te
Evaluate the a Fede tIS" ---t;r.,i,,,,olus Packages. P.49re. . n GGkie) - Moved to the
January 5, 2008 Council Meeting.
5. NEW BUSINESS. continued
B. Downtown Petaluma Business Improvement District (DPBID): Discussion and Action
Approving the 2009 Fiscal Year Annual Report and Budget of the Downtown
Petaluma Business Improvement District and Adoptina Resolution 2008-242 N.C.S.
of Intention to Levy an Annual Assessment for Fiscal Year 2009. (Brown/Haas) -
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December 15, 2008
Vol. XX, Page 13
Motion: B. Approving the 2009 Fiscal Year Annual Report and Budget of the
Downtown Petaluma Business Improvement District and Adopting Resolution
2008-242 N.C.S. of Intention to Levy an Annual Assessment for Fiscal Year 2009.
Moved by Mike O'Brien, seconded by Karen Nau.
Vote: Motion carried 7-0.
Yes: Teresa Barrett, Samantha Freitas; Mike Harris; Karen Nau;
Mike O'Brien; David Rabbitt; Pamela Torliatt
No: None
Abstain: None
Absent: None
ADJOURN
The meeting was adjourned at 10:24. At the request of Mayor Torliatt and Council Member
O'Brien, the meeting was adjourned in memory of City of Woodburn Police Captain Tom
Tennant, Oregon State Police Senior Trooper William Hakim, and Don O'Mohandro, Petaluma.
ATTEST:
Claire Cooper, CMC, City Clerk
Pamela Torliatt, Mayor