HomeMy WebLinkAboutStaff Report 1.B 01/26/20091
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1.B
January 26, 2009
WAS �" I' rT,y�,
QOM City of Petaluma, California
MEETING OF THE CITY COUNCIL/
i86e PETALUMA COMMUNITY DEVELOPMENT COMMISSION
Draft City Council/PCDC Minutes
Monday, January 5, 2009
Regular Meeting
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
Swearing in of new City Council Members David Glass, Mike Healy,. and Tiffany Ren6e.
City Clerk Cooper
Mayor Torliatt
Council Member Glass
Council Member Healy
Council Member Ren6e
MONDAY. JANUARY 5, 2009
CLOSED SESSION - 7:15 P.M.
CALL TO ORDER - CLOSED SESSION
A. Roll Call
Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Robbitt;
Tiffany Renee; Pamela Torliatt
Absent: None
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Bill Donahue, Petaluma, spoke regarding the lawsuit by Sandalwood Estates against the City and
asked Council to please keep in the loop about what's taking place.
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Vol. XX, Page 2
January 5, 2009
Marcelle Guy, Petaluma, asked Council to think in CLOSED SESSION about the injustices, stress,
retaliation seniors at Sandalwood Estates have been subjected to.
Shelly Campbell, Petaluma, spoke regarding the City Council action on the vesting tentative
map for the Pinnacle Ridge project.
Janice Cader-Thompson, Petaluma, said the seniors at Sandalwood Estates have been
"tortured" for ten years and it's time for the Council to take action.
Mayor Torliatt
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.
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
EVENING SESSION - 8:00 P.M.
CALL TO ORDER - EVENING SESSION - 8:30 P.M.
A. Roll Call
Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Robbitt;
Tiffany Ren6e; Pamela Torliatt
Absent: None
B. Pledge of Allegiance
Dennis Elias, Petaluma
C. Moment of Silence
Mayor Torliatt asked that the meeting be adjourned in memory of Millie Libarle, a "long
standing member of our community"; Dick Hodge, who was "very involved with the
Petaluma Airport"; Francisco Martinez, "the recent Carpe Diem High School graduate
who was tragically killed on Adobe Road"; and Jeff Forney, who was 40 years old, "a
very dear friend of many people and who will be sorely missed - he was a huge asset to
the community that we will remember for a very long time."
APPOINTMENT
Resolution 2009-001 N.C.S. Appointing Vice Mayor for Calendar Year 2009.
Mayor Torliaff
Motion: Approve Resolution 2009-001 N.C.S. Appointing Teresa Barrett Vice Mayor for Calendar
Year 2009.
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January 5, 2009
Moved by David Rabbitt, seconded by David Glass.
Vote: Motion carried 7-0.
Yes:
Teresa Barrett, David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
PROCLAMATION
Human Trafficking Awareness Day - January 11, 2009
Mayor Torliatt
Christina Brenner, Sonoma County Commission on the Status of Women
REPORT OUT OF CLOSED SESSION - Actions Taken
Vol. XX, Page 3
City Attorney Danly announced that Council would reconvene in CLOSED SESSION after
tonight's EVENING SESSION on the Sandalwood Estates item. Also, CONSENT CALENDAR Item 3.G
(Pinnacle Ridge) from tonight's meeting will be removed and continued to the January 26, 2009
Council Meeting.
Mayor Torliatt
PRESENTATION
Verbal Update for Progress on Construction of the Ellis Creek Water Recycling Facility for
November 2008. (Orr)
Water Resources and Conservation Engineering Manager Margaret Orr
Council Member Renee
Ms. Orr
PUBLIC COMMENT
Connie Madden, Petaluma, spoke about people in town losing their jobs, having hours cut, etc.
She thinks there will be a lot of people who will be really worried and we need to reach out to
our neighbors and remain a "whole" community during this time of upheaval. She also spoke
about Shollenberger Park and her concerns regarding the proposed Dutra Asphalt Plant
adjacent to the park.
Melissa Abercrombie, Petaluma, spoke about retail businesses closing in Petaluma and how the
loss of local businesses affects the town.
Dave Libchitz, Petaluma, urged Council to agendize a meeting with Supervisor Kerns and
County planning staff to ask why there have been no public meetings in Petaluma regarding
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Vol. XX, Page 4
January 5, 2009
the proposed Dutra Asphalt Plant adjacent to Shollenberger Park. He also asked that Council
please revise the sign ordinance.
Marcelle Guy, Petaluma, said we in Petaluma have failed badly in looking after animals in the
City. One year ago she asked Council to amend or rescind the 2004 feral cat ordinance and
nothing has happened.
Riccardo Gaudino, Golden State Historian for the Golden State History Transportation -Ag -
Education Fund, came to recognize Mayor Torliatt for her "support in energizing the national
movement to reverse the decline in knowledge of history, science, and literature across the
country." He said that Petaluma was the "historic center of the northern frontier of Mexico in
1804" and is a resource for understanding the history of California.
Mayor Torliatt
Alicia Kae Herries, Petaluma, representing EI Rose -Hayes Lane Coalition, said they have
appealed the December 11 approval of the 30 EI Rose Project and listed the group's concerns
Katherine Bobrowski, Petaluma, spoke regarding vehicles parked illegally in the fire lanes at the
mobile home park where she lives.
Zen Destiny, Petaluma, spoke in support of a new Jewish homeland. He suggested it was time to
ask countries of the world which would be willing to give up a significant portion of their land in
exchange for the gross national product that such affiliation would represent.
Shelly Campbell, Petaluma, asked that responses to concerns regarding the Pinnacle Ridge
project be given verbally and in writing to her and to Scot Stegeman.
COUNCIL COMMENT
Mayor Torliatt
Council Member Harris
David Rabbitt
Vice Mayor Barrett
Council Member Renee
Council Member Glass
CITY MANAGER COMMENT
City Manager Brown
Director Marengo
AGENDA CHANGES AND DELETIONS - Changes to current agenda only
None.
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3.
January 5, 2009
APPROVAL OF MINUTES
Vol. XX, Page 5
A. Approval of Minutes of Regular PCDC/City Council Meeting of Monday,
December 15, 2008,
Motion: Approve A. Minutes of Regular PCDC/City Council Meeting of Monday,
December 15, 2008, as presented.
Moved by Mike Harris, seconded by Teresa Barrett,
Vote: Motion carried 7-0.
Yes:
Teresa Barrett, David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
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.
Motion: Approve Items 2.A, 2.8. and 2.C, with the addition to Item 2.0 (January 26, 2009
Meeting) of Pinnacle Ridge Subdivision (Item 3.G) removed from tonight's agenda.
Moved by David Glass, seconded by Mike Harris,
Vote: Motion carried 7-0.
Yes: Teresa Barrett, David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: None
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)
B. Adoption (Second Reading) of 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,
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Vol. XX, Page 6
fi
January 5, 2009
Part 9, 2007 California Fire Code, Regarding Regulation of Fireworks Sales and
Discharge in the City. (Anderson/Ginn) - Removed for discussion.
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 016100902. (Marengo/Zimmer)
D. Adoption (Second Reading) of Ordinance 2316 N.C.S. 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) - Removed for discussion.
E. Resolution 2009-004 N.C.S. Accepting Completion of the Water Street North Sewer
Main Replacement Project. (Ban/Gothard)
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/Donly) - Removed for discussion.
G. 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) - This item was removed from the
agenda and continued to the Monday, January 26, 2009 City Council/PCDC
Meeting.
H. Resolution 2009-005 N.C.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) - Removed for
discussion.
Motion: Approve CONSENT CALENDAR Items 3.A, 3.C, and 3.E.
Moved by David Rabbitt, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Council Member Ren6e (Item 3.8)
Fire Chief Larry Anderson
Council Member Ren6e
City Attorney Danly
Chief Anderson
Motion: Approve B. Adoption (Second Reading) of Ordinance 2320 N.C.S. Repealing
Section 17.20.050 of the Petaluma Municipal Code and Adding a New Section 17.20.050
lull
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January 5, 2009
Vol. XX, Page 7
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 Tiffany Renee, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes: Teresa Barrett, David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: None
Council Member Renee (Item 3.D)
Water Resources and Conservation Director Mike Ban
Council Member Renee
Director Ban
Mayor Torliatt
Motion: Approve D. Adoption (Second Reading) of Ordinance 2316 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 Tiffany Renee, seconded by Teresa Barrett.
Vote: Motion carried 7-0.
Yes: Teresa Barrett, David Glass; Mike Harris; Mike Healy;
David Robbitt; Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: None
Council Member Glass (Item 3.F)
Motion: Approve F. 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 David Glass, seconded by Mike Healy,
Vote: Motion carried 7-0.
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Vol. XX, Page 8
4.
January 5, 2009
Yes:
Teresa Barrett, David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Renee; Pamela Torliatt
No:
None
Abstain:
None
Absent:
None
Mayor Torliatt
Council Member Rabbitt
Mayor Torliatt
Council Member Renee (Item 3.1-1)
City Manager Brown
Council Member Renee
City Manager Brown
Motion: Approve H. Resolution 2009-005 N.C.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.
Moved by Tiffany Renee, seconded by David Glass.
Vote: Motion carried 7-0
Yes: Teresa Barrett, David Glass; Mike Harris; Mike Healy;
David Rabbitt; Tiffany Renee; Pamela Torliatt
No: None
Abstain: None
Absent: None
Mayor Torliatt
City Manager Brown
Mayor Torliatt
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)
Larry Zimmer, Capital Improvements Division Manager, Public Works Department
Mayor Torliatt
Mr. Zimmer
January 5, 2009 Vol. XX, Page 9
1 Council Member Rabbitt
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3 Mr. Zimmer
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5 Council Member Rabbitt
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7 Mayor Torliatt
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9 Motion: Approve A. PCDC Resolution 2009-01 Accepting Completion of
10 Construction Contract for the 'D' Street Bridge Rehabilitation Project No.
11 C00201204.
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13 Moved by Tiffany Renee, seconded by Mike Healy.
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15 Vote: Motion carried 7-0.
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17 Yes: Teresa Barrett, David Glass; Mike Harris; Mike Healy;
18 David Rabbitt; Tiffany Renee; Pamela Torliatt
19 No: None
2D Abstain: None
21 Absent: None
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23 5. PUBLIC HEARING
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25 A. Downtown Petaluma Business Improvement District (DPBID): Public Hearing to
26 Levy an Annual Assessment for Fiscal Year 2009 for the Downtown Petaluma
27 Business Improvement District and Resolution 2009-006 N.C.S. Levying the
28 Assessment. (Brown/Haas)
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30 Council Members Ren6e and Healy recused themselves and left the dais.
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32 Mayor Torliatt opened the PUBLIC HEARING.
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34 John Wertz, Owner, Leo's Vacuum in the Golden Eagle Center, Petaluma told
35 Council he pays into a common area maintenance fund for the shopping center
36 in which his store is located, and doesn't see why he should also pay into the
37 DPBID.
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39 There being no one else asking to speak, Mayor Torliatt closed the PUBLIC
40 HEARING.
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42 Marie McCusker, Executive Director, Petaluma Downtown Association
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44 Mayor Torliatt
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46 Ms. McCusker
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48 Council Member Glass
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50 Ms. McCusker
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52 Mayor Torliatt
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Vol. XX, Page 10
January 5, 2009
Ms. McCusker
Motion: Approve A. Resolution 2009-006 N.C.S. Levying the Annual Assessment for
Fiscal Year 2009 for the Downtown Petaluma Business Improvement District
Assessment.
Moved by David Glass, seconded by Teresa Barrett.
Council Member Glass
Council Member Rabbitt
Mayor Torliatt
Vote: Motion carried 5-0.
Yes: Teresa Barrett, David Glass; Mike Harris;
David Rabbitt; Pamela Torliatt
No: None
Abstain: Mike Healy; Tiffany Ren6e;
Absent: None
Council Members Ren6e and Healy returned to the dais.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
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.
REPORT OUT OF CLOSED SESSION - Actions Taken
None.
ADJOURN
CLOSED SESSION was adjourned at 11:04 p.m. At the request of Mayor Torliatt, the meeting was
adjourned in memory of Emily "Millie" Libarle, Francisco Martinez, Jeffery Forney and Dick
Hodge.
ATTEST:
Claire Cooper, CMC, City Clerk
Pamela Torliatt, Mayor