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Agenda 01/27/2003
4 . City of Petalumla California PETALUMA COMMUNITY DEVELOPMENT COMMISSION AND CITY COUNCIL AGENDA Monday, — uaTy,,27..,,,2.,0P,-.3:00 p.m. Co uncil Chambers, City Hall 11 English street, Petaluma, California 94952 Regulqr Wetin, City Manager's Office: Phone 707-118-4845 Fax 707�778-4419 E-mail: citymgr@ci.petaluma.ca.us City Clerk's Office: Phone 707-778-4360 Fax 7b7-778-4554 E-mail: cityclerk@ci.petaluma.ca.us City Website: www.ci'. petal u ma.ca. us Revision #1 — Friday; January 24, 2001 Agenda posted according to Government Code §,54954.2. A binder containing supporting materials is av ailable ' va , le in the City Council Chambers on the Friday preceding the meeting. Packet materials are also available .for public viewing at the Petaluma Regional Library, 100 Fairgrounds Drive, Petaluma; Santa Rosa Junior , , . Library, 680 Sonoma Mountain, Parkway, Petaluma; Petaluma Senior Center, 211 Novak Drive,, Petaluma; and the Petaluma Community Center, 320 Norfh,McDowell Boulevard, Petaluma. Speaker cards are available for those wishing to speak during public comment or10 a specific hd item. ROLLICALL PUBLIC COMMENT: Persons wishing to spL- on items not on the agenda may do so under public comment:, Depending on the number dt"persons wishing to address the Council, time will be allocated in equol,sh of up to no more than fifteen minutes. If more than three persons wish to address Council on the �sd' m'e' I to pic, they are encouraged to select a spokesperson, who Will be allocated equal time of no more than three ,ree Inutes M, and no !less than any oth individuals speaking. Council reserves the right to limit the, Public Comments to fifteen minutes. The Mayor will call on individuals whose names appear on the. speaker cards. Speakers will be acknoWl6dgOd by the Mayor or a Council Member and may be asked questions for clarification. If you wish to distribote, materials I s to.Coun.dil, please - submit' ten copies to the City, Clerk. The City Council will hear public com'ments only on matters over which they hove jurisdiction. Council can take no action on these items;,however, the Council -may refer questions to City Mon,agement for review. The Council would also request°that you focus, your comments to the; issues only. No personal attacks or comments on any individual's IN6 ' grityWill b6 Your assistance in helping to create open and civil public discussion and yo ur participotio 0 i . n community issues is appreciated. CORRESPONDENCE COUNCILCOMMENT -AND'LlAISON REPORTS CITY MANAGER' COMMENTS AGENDA CHANGES ANDDELETIONS! HEARINGS REQUIRED BYLAW: Applicants and/or app ellants - - mdy'hdve up to ten minutes at the outset of the public discussion to make their remarks I and up to five minutes for concluding remarks after other members of the public have spoken., Qty of Petdlurna,.California PetalOrna Community Developmet Commis sio'n and "City Council Agenda Regul,arMe-etingl- January 27, 2003 Revn #1 Page! I $ PETALUMA COMMUNITY DEVELOPMENT COMMISSION 1. Discussion and Action Approving a Resolution. Establishing Pay Parking Rates for the Keller Street Garage. (Marangella) 2. Discussion and Possible Action Approving a Resolution Appropriating Housing Funds for a Grant to Petaluma Ecumenical Properties (PEP) for,the Rehabilitation of Four Older Senior Properties. Cost of Proposal: $300,676. (Gaebler) 49 ,age ADJOURN TO .CITY COUNCIL MEETING APPROVAL OF MINUTES January 6, 2003 LIAISON APPOINTMENTS Direction Regarding City Council Appointment to Planning Commission Vacancy. CONSENT CALENDAR Resolution Confirming City Council. Liaison Assignments. (Petersen) 2. Resolution.Approving Proposed Budget Amendment Authorizing the Expenditure of $1 "03,000 from the Capital Facilities Fund for the Renovation of 22 Bassett Street (Moore /Thomas) . 3. Resolution Authorizing the City Manager to Purchase Two GO -4 Interceptor II Parking Enforcement Vehicles in the Amount of $50,627: (Thomas) Approval of Proposed Agenda for Council`s, Regular Meeting of February 3 2003. UNFINISHED BUSINESS 4A. Discussion and Possible Action to Approve Resolution Amending Agreerhent for Design Services with DKS for1he Petal uma,Transit Mail and Providing Authorization Regarding Circulation Improvements at the 1 "ntersection of E. Washington and Copeland Streets. (Skladzien /Ryan). City of Petaluma, California Petaluma Community Development; Commission and: °Council Agenda Regular Meeting - January 27, 2003 - Revision # 1 Page 2 NEW BUSLNESS 5. In;froducfion of,Ordi'n'anca Am.ending°Petoluma Municipal Code Section 8.20.050 r to Prohibit Smoking Within 20 •Feet -of the City's Enciosed Facilities and Vehicles. (Rudnansky) 6. Introduction -of Ordinance.Amending Petaluma, Municipal Code Chapter 8.16 to Add Sections 8.16:330 and:8.1.6.340 Prohibiting Unauthorized Scavenging of Garbage, Rubbish and Recyclable Materials. (Rudnansky) 7. Introduction of Ordinance, Amending .Ordinance No. 2133 N.C.S. to, Change Certain Appropriations for the Operation of the City of Petaluma from July 1, 2002 Through June'30, 2003. (Marangella /Gaebler) 8. Introduction of Ordinance Approving' Ground Lease, with Cingular Wifeless for Antenna at LaCresta Hill. (Beatty) 9. Resolution Approving the 2003 investment Policy. (Thomas) (Moved to February 3,2003:) 1,0. Motion to Discuss Request'by Council Members Moynihan and Harris to Rescind Resolution 99 -150 N.C.S., Resolution `to Remove the Rainier Avenue Cross -Town Connector and US Highway 101 Interchange Proje.c from the City of Petaluma and Petaluma Communit y bevelopment ,Comrnission's.(PCDC) List of Capital Improvement Projects and Traffic Circulation Improvements. CLOSED SESSION • PUBLIC EMPLOYEE.AP Government Code § 54957, Title: City Manager. • CONFERENCE WITH LEGAL COUNSEL- Existing Litigation, Subdivision (a) of Government Code § 54956:9, Sandalwood Estates vs. City of Fe- tdluma, Sonoma County Superior Court' Case`' No. 2304,14. MOTION' TO ADJOURN City of Petaluma, California Petaluma Community beyelopment Commission and City Council Agenda Regular`Meet'ing - January 27, 2003 - Revision # I Page 3 Petaluma City Council Agenda Monday, January 27, 2003 - Even'r`ng 7:00 p.m. 4 Y ,ase. 7::00: prn. - 'R'OL4 CALL PLEDGE OF ALLEGIANCE MOMENT OF'SILENC€ PUBLIC COMMENT Persons wishing to speak on items not on the agenda may' do so under public comment. Depending on the number of persons wishing to address the Council, time will be allocated in equal shares of up to :no more than fifteen minutes. If more titian three persons wish :to address Council on the s_arri,e topic, #liey, are encouraged to select a spokesperson who will be allocated equal time of no more than' three minutes and no less than any other individuals speaking. Council reserves the right to limit the Public Comments to fifteen minutes. The Mayor will call on individuals whose names appear on the speaker cards. Speakers will be acknowledged by the Mayor or, a Council Member and may be asked questions for clarification. If you wish to distribute mdterials to Council, please submit ten copies'fo the City Clerk: The City Council will hear public comments only on matters over Which 'they have jurisdiction. Council can take no action on' these items; however,-the Council may refer -questions to City. Management for review. The Council would also request that you focus your comments to the issues only. `No personal attacks or , comments on any individual's integrity will be tolerated. Yourassistance in helping to create open and civil public discussion . and your participatiomin. community issues is appreciated. CORRESPONDENCE COUNCIL COMMENT AND LIAISON REPORTS CITY MANAGER CO'MM'ENTS AGENDA CHANGES, ADDITIONS, AND DELETIONS 'HEARINGS REQUIRED BYLAW: Applicants and /or' appellants may have up to. ten minutes at the outset of the public discussion to make their remarks and up to five minutes for concluding remarks after other members of the public have spoken. REPORT OUT OF CLOSED SESSION UNFINISHED. BUSINESS 11. ,Discussion and Possible Direction and /or Action;R'egarding Amendment to Requestfor Proposals for Solid Waste, Recyclable Materials, and Yard- Trimming Services Within the City of Petaluma. (Rudnansky) NEW BUSINESS 12. Presentation and Discussion on the National'Pollutanf Discharge _Elimination System (NPDES) Storm Water Management Program and Phase II Storm Water General Permit Application. (Ban /Eckerson) Cityof`Petaluma, California Petaluma Community Development Commission and City Council Agenda Regular Meeting - January 27, 2003'.= Revision # 1 Page 4 L3. General Plan 2004-2'025: Continued Discussion cind,Qi on the Existing Conditions, Opportunities and (Tuft) ADJOURN in acc5rdance. Wi I th t . he Ame'ri can's with Disabilities; Act,, if you require special assistance to p (�ip �,arf i ate .,in this m e et ing, e contact the City Qerk':$ Office 707 pl6as 7 Although the. Act requires 48-hour no.iificdtibn, a 72-hour notification will help to ensure that necessary arrdngem,ents.ore made.. The' City Clerk certifies that ithis. agenda has been posted in the requirements of Go�er ment.Cod' accordance with n. e. TENTATIVE, FORNEXT'CITY: COUNtlt MEETING MONDAY,'FE9RWAkYj, 2063 ;- AFTERNOON APPOINTMENTS 1.A-. Sbnb'*m 'd4 Cou nty. L ibrary Comrnissibh. 0 Representative. 1,.B. Recom &C'o * uncilmembers' Association, City Selection Com.mitte&,� fo"r FollbWing Appoinfirn toU,pcoming I.. Local Agency Formdtibn Cornnnission.(.LAFCO).: One Vacancy; Term Expires 2. Metro, politan Transportation (MTC) One Vacancy, Expires February 9, 2003., Ass,`ociation'Su Three Nramesto the Board of Supervisors for Consideration. 3.,, 'Ba y A rea, Air Quality Control'B.oard One Vacancy,, Expires March 2003. 4. Golden Gate. B ridg,el, H' l W h' 'ayl&`Tra ��i'str',ic-t: One, Vacancy, . I I -, Expires March 20.03. Association Subrnits Recon to the Board of Supervisors for Qen'sideration-.: 5. Affordable Housing Linkage Fee Wor Group. One Representative. I C. Sonoma C,o,u,nty TourisM CoQncjl�'s, 1 ves1or's Com M One Representative I D. Cities, fbr'Climcfe',Protec-,fio"n Campaign, Spo nsore d the I pansore . . I internatio6ali Council for Lc�c-dl, Environm(5ntal'Inifiat,i,�es� (i[CLE'o. (One'Representafive,. CONSENT CALENDAR 2. Ado ption (8.econdReadingj of Ordinance � A mnen-0in g, Petaluma. Municipal Code secfioh'8J0.080 Pf6hi Smoking Within 20 Feet of the City's Enclos'ed Facilities an d Ve hi c fe s". (RudncfnsKy) 3.,. AC1QPtibn (Sec'dnd Readihq)�,of Ordinance Amending Petaluma Municipal Code Ch',apter 6,.f.,o-: Add -Sections 8.•6.330 and 8.16:340 P(ohllbJting,ljpauthorized cavengih Gbrbage Rubbish, and Recyclable Materials. (Rudnansky) Cit V Development. Commission and City Council Agenda _ California, Petaluma Community Regular Meeting - january 2003 - Revision # 1 Page 5 4. Adopfion:(Second, Reading): of Ordinance Approving Ground Lease with Cingular Wirell.ess. for Antenna at LaCresta Hill. ( S. Adoption ( Second Reading: of Ordinance Amending, Ordinance No. 2133 N.C.S. to Change Certain Appropriations for the Operatlon of City of Petaluma from July 1', 2002 Through June30, 2003. (Marangolla/Gaebler) , 6. Resolution, App roving the Plans and Specifications Prep.afed[by the Wafer Resources) and Conservafi n D'e0artment and Awardin g the Contract for.th,,Q 2002-2003 Walter Main Replacement Project. The'Proje eci.Involves. Replacing Water Mains at Various Locations to Improve Service and Reduce Malhten,ance Costs. The Profe'et Also Includes the Replacement of a Deteriorafin,g,Sewer Main Located Within fheWater Main Construction Area. Estimated Project Cost: '$"55, , 3,690. Funding:Srources! Water and Sewer Funds (Ban),. 7. Resolution Approving the Pians,and.'Specificcitions and, AWdrdihg the Contract I f or t he Property Sit te� Improvements " Water Field Offi I ce Soupd-wa I ll'Pro I j I Oct. The Project I.rWo,1vesReMbvaI of Exisfinci Fence and Provide and InsfQ[I'Precast Concrete Soundwall. Estimated Project Cost $70,000.00. (Ban/Simmons) 8. Resolution Declaring Various'Vehicles and Equip ment,Surpi us tolhe City's Needs and Direc the City Manager to bis pose of the Vehicles and Equ , forT)ent in Accordance with Provisions .of the Petaloma Mu,nicipal Code. (Thom'� 9, Approval of Pirbloo I sed Agenda for C'oUhi:il!s Regular Meeting ol"February 24 2003. PUBLIC GS 10. 'Discussion and Possible Ac,,tioq on an. Appeal by Cobblestone Homes, Inc., of a Decision by the Site Plan;,and'Architectural Review Committee. (SPARC),fo Apply a Condition of Approval' 'Prohibifing, Vinyl Windows in Their Approval, of Cobblestone's 37 Unit Washington Cireek Village'-Subdivision on East - Washington Streef,Southwest of Prince Park. ( 11. Discussion and Possible Acfion 'on an Appeal by Bill Dick of a Decision ', by the Site Plan and Archifectura[ Review Committee (.SPAR3C) to Apply':c Gondition of Approval .R Requiring Wood - Windows in Their App roval of Ba . ker . Ranch Located at the Southeast Corner of Ely - Road and Corona''Rb.ad. (i,moore/Laf - I er) NEW BUSINESS 12. Resolution Authbrizihg the City Manager to Sign .an Amendment No. 2 to the Agreement for the Collection.and Disposal,ol"Garbage, Rubbish,.Wdsfe and Recyclables and Street Sweeping Within Qf Petaluma. (Thomas) ,1 Resolution Approving 2003 Refuse Collection: Rates. (Thomas) City of'Petalurna,'Califoinia Petal ' urn ' a Community Development co ' mrn ' issibh and City QO Lfncil,Aqenda Regular Meeting - January 27, - Revision Yl Page 6 UNFINISHEDZUSINESS 14. Discussion Regarding Local Option Sales Tax for City of Petaluma. (Bierman) CLOSED SESSION © CONFERENCE WITH LEGAL COUNSEL Existing Litigation Pursuant to Government Code § 54956.9 (a); 18 matters as listed below: . 1. Diane Allen vs. Petaluma vs. City of Petaluma (Appeal), First Appellate District, Division Five, Court No. A097839.. 2. Allstate Insurance Companyvs. City of Petaluma, et al., Sonoma County Superior Court No. 1.69954. 3. Amina AI -Jamal vs. City of Petaluma, et al., Sonoma County Superior Court No. 171651. 4. San Francisco Raykeeper vs. California State Water Resources Control Board, Sonoma County Superior Court No. SCV- 224434. 5. Mike Carter vs. City of Petaluma, et al., Sonoma County Superior Court No. 227520. 6. City of Petaluma vs. Ann Morrissey, Sonoma County Superior Court No. 452063. 7. City of Petaluma vs. Muria 1. Novak, Sonoma County Superior Court No. SCV- 226817. 8. City of Petaluma vs. Maria 1. Novak (Beacon Station), Sonoma County Superior.Court No. SCV - 226816. 9. City of Petaluma vs Petaluma Properties, Pacific Telephone & Telegraph Companies, Sonoma County Superior Court No. 226706.. 10. Linda Fox vs. City School District, City of Petaluma, et al., Sonoma County Superior Court No. SCV- 229807. 11. Rosaura Gonzales and Juan Carlos Colorado vs. City of Petaluma, et al., Sonoma County Superior Court No. 230688. 12. Patricia McCardle vs. City of Petaluma, et al„ Sonoma County Superior Court No. 226978. 13. Jay Parsegian vs. City of Petaluma, et al., Sonoma County Superior Court No. 229976. 14. Jane ' Pinckney vs. City of Petaluma, et al., Sonoma County Superior Court No, SCV- 230'564.. 15. Sabrina'Ruoff vs. City of Petaluma, et al., Sonoma County Superior Court No. 230622. 16. Sandalwood Estates vs. City of Petaluma, Sonoma County Superior Court No. 230414. 17. Bobby Thompson vs. City of Petaluma, et al (Thompson 1), Sonoma County Superior Court No. SCV- 22567.7. 18., Bobby Thompson vs. City of Petaluma, et al. (Thompson 11) (.not litigated). City of'Petal'uma; California Petaluma Community Development'Commssion and City Council Agenda Regular Meeting - January 27;.2003 - Revision #1 Page 7 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code § 54956.8_ Property: Two Parcels Located on the 4000 Block of Lakeville Highway, (APNs 017- 170 -002 and'068 -010- 026), Formerly Known as the Gray Property. One Parcel Located Southwest of the, City's Oxidation Ponds (APN 019'- 330 -009). ,A Small Portion of One Parcel Located at 3880 Cypress Drive (APN 005- 090- ,062). Negotiating Party: Michael Bierman /Michael Ban. Under Negotiation: Price, Terms or Payment, or Both. PROCLAMATION MONDAY, FEBRUARY 3 2003 = 7:00 PM Proclamation for Season of Non- Violence. UNFINISHED BUSINESS 14.A. Project Update on the Renovation of the Polly Klaas Performing Theater Arts Center and Acknowledgement of $5,000 Donation From Empire Waste Management. (Carr) PUBLIC HEARING 15. °Magnoliai'Place Subdivision: Discussion and Possible Action Regarding: A. Adoption of.Mitigated Negative Declaration for the Magnolia Place Subdivision (APN 048 - 141 =012 and 048 - 231 -027) to be Located on Two Parcels Totaling 24.42 Acres on Magnolia and Gossage,Avenues, West of the Cypress. Hills Cemetery. B. Resolution Approving a General Plan Amendment to -Amend the Land Use ;Designations for an'8'.76 Acre Portion of the_ Magnolia; Avenue Site - From "Proposed Public Park to "Urban Standard" and to Redesignate the. 7.37 Acre Gossage Avenue Site From ".Suburban Residential "' to "Urban Standard." C. Introduction of Ordinance Approving P,rezoning to Planned Unit Development District (PU'D). D. Resolution Approving Planned Unit Development Plan. E. Resolution Approving Vesting Tentative Subdivision Map to Divide the 24.42 Acres into 47 Residential Lots, Leaving 8.46 Acres to be Dedicated to the City for a Neighborhood Public Park. NEW BUSINESS -16. Discussion, Direction and Possible Action to Approve Amendments to City Council Rules and Procedures'. (Rudnansky) City of'Petaluma California Petaluma Community Development Commission and City Council Agenda Regular Meeting - January 27, 2003 - Revision # 1