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HomeMy WebLinkAboutAgenda Bill 1.A 08/03/20091 . /`1 e~ugust 3, 2009 a SAL U ~ City of Petaluma, California . MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT COMMISSION l85$ 1 _2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DraffCity Council/PCDC Minutes Monday, June 15, 2009 Regular Meeting MONDAY, JUNE 15, 2009 CLOSED SESSION - 6:00 P.M. CALL TO ORDER -CLOSED SESSION - 6:00 P.M. A. Roll Call Present: Teresa Barrett; David Glass; Mike Harris; David Babbitt; Tiffany Renee; Pamela Torliatt Absent: Mike Healy CLOSED SESSION o CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of California Government Code §54956.9: One potential case. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ADJOURN TO CLOSED SESSION MONDAY, JUNE 15, 2009 EVENING SESSION - 7:00 P.M. CALL TO ORDER -EVENING SESSION - 7:00 P.M. A. Roll Call Present: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt Absent: None B. Pledge of Allegiance . Members of the Cali"Lax All Stars Lacrosse Team Vol. XX Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 C. Moment of Silence AGENDA CHANGES AND DELETIONS Mayor Torliatt City Attorney Danly June 15, 2009 Motion: Add an item to tonight's agenda in accordance with §54954.2, subdivision(b), paragraph (2) of the Brown Act because there is a need to take immediate action on the item, and that need came to the City's attention affer the agenda for tonight's meeting was posted. The agenda item to be added would read as follows; Consideration and Possible Adoption of a Resolution Objecting to Any Seizure by the State Government of the City's Street Maintenance Funds and Authorizing the City Attorney to Cooperate with the League of California Cities, Other Cities and Counties in Litigation Challenging the Constitutionality of Any Such Seizure. Moved by Mike Healy, seconded by Mike Harris. Vote: Motion carried 6-0. Yes: Teresa Barrett; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee, Pamela Torliatt No; None Absent: None Abstain: David Glass Council Member Glass PROCLAMATIONS . Canada Day Lacrosse Tournament -June 27-29, 2009 Mayor Torliatt . Whitney Hall -Youth Commission Mayor Torliatt Whitney Hall, Petaluma ® National Dairy Month -JUNE 2009 Mayor Torliatt Katherine Rinehart, Historian, Petaluma Museum, Susan Bianchi, Petaluma, North Bay Dairy Women, and Hope Hanselman, Petaluma, 2009 Dairy Princess. PRESENTATION Annual Report from the Youth Commission J~.ine 15, 2009 Vol. XX, Page 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Jacklyn Russell, Youth Commission Member Mayor Torliatt REPORT OUT OF CLOSED SESSION -Actions Taken None, PUBLIC COMMENT Cynthia Rathkey, Know Your Neighbor, Petaluma, spoke about greenhouse gas emissions and the Comprehensive Transportation Plan in progress with the Sonoma County Transportation Authority (SCTA). All the cities in Sonoma County agreed to a goal to decrease greenhouse gas emissions, The 2009 Comprehensive Transportation Plan will lead to increased greenhouse gas, She asked Council to urge Council Rep to SCTA David Glass to ask for a review of the Comprehensive Transportation Plan, Future plans should focus on solving the problem -not making it worse, Pat Boyd, Save Our Feral Cats, Petaluma, spoke about implementing a TNR Neuter and Return program for Petaluma's feral cats, She told Council this would save the City money. Forgotten Felines of Santa Rosa has offered to pay for neutering and vaccinating cats prior tore-release, She told Council they offered this back in 2004 and Council turned them down, Angelique Fry, Petaluma, thanked Council for the very positive direction that the feral cat ordinance may betaking, and said that for every feral cat that is not taken into the shelter, the City saves money. She hoped the revised "feral cat ordinance"would be "feral friendly." Bob Demo, Sandalwood Passthrough Association, Petaluma, spoke regarding pass-through fees charged to residents by Bill Feeney. The fees amount to about S50/month per site for five years. His group is retaining an attorney and is having a fund raising barbeque on Sunday, June 28, 2009 at 7 p.m. at Sandalwood Estates, He asked Council, "In these difficult times, if these people lose their houses, where will they go?" He invited Council to attend the barbeque. Katherine Bobrowski, Petaluma, said she has taken 689 pictures of vehicles illegally parked in her mobile home park, and that there are no police patrols in the park. John Warren, Petaluma, Men Evolving Non-Violently, Santa Rosa, said that for 25 years, this group has been helping Sonoma County men with domestic violence issues, He is asking the City for free or low-rent room large enough to fit 6-15 men every Wednesday from 7:00 - 10:00 p.m. They carry their own liability insurance, With the current economic changes, such as job loss, they are finding that family stresses are rising and there is a need for a Southern Sonoma County group. He said the City of Santa Rosa has provided arent-free meeting space for 28 years. They need a space in which to serve Petaluma men who want to learn better communication and life skills. Susan Kirks, Petaluma, Paula Lane Action Network (PLAN), thanked the community and Council Members who came out on June 6 for PLAN's spaghetti dinner and silent auction. Zen Destiny, Petaluma, spoke about genetic genocide, Vol. XX Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 COUNCIL COMMENT Council Member Renee Vice Mayor Barrett Council Member Glass Council Member Babbitt CITY MANAGER COMMENT None. 1. APPROVAL OF MINUTES June 15, 2009 A. Approval of Minutes. of Regular City Council/PCDC Meeting of Monday, May 18, 2009. B. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, June 1, 2009. Council Member Renee (Item 1.A: Minutes of May 18, 2009) noted that on PUBLIC HEARING Item 5:A (Weed Abatement) the motions and votes should include the amendment that nogasoline-powered devices would be used on "Spare the Air" days. Council Member Healy (Item 1.6: Minutes of June 1, 2009) stated that his discussion with the City Attorney regarding addition to the agenda of a CLOSED SESSION item (Conference with Labor Negotiators) came affer the motion, but before the vote on the item. Motion: Approve A. Minutes of Regular Ciry Council/PCDC Meeting of Monday, May 18, 2009; and, B. Minutes of Regular City Council/PCDC Meeting of Monday, June 1, 2009; as corrected. Moved by Tiffany Renee, seconded by Teresa Barrett. Vote: Motion carried 7-0. Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt No; None Absent: None Abstain: None 2. APPROVAL OF PROPOSED AGENDA A. Approval of Revised Proposed Agenda for Regular City Council/PCDC .Meeting of Monday,. July 6, 2009. -Revision No. 1 -Thursday, June 11, 2009. Motion: Approve A. Revised Proposed Agenda for Regular City Council/PCDC Meeting of Mlonday, July 6, 2009, as presented. J~.me 15, 2009 Vol, XX, Page 5 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 3. Moved by Teresa Barrett, seconded by Mike. Harris. Vote: Motion carried 7-0. Yes; Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt No: None Absent: None Abstain: Norie CONSENT CALENDAR A, Resolution. 2009-079 N.C.S. Approving 3% Increase in the 2009-2010, Petaluma Municipal Airport Hangar Rental and Tie-Down Rates. (Marengo/Patterson) B, PCDC Resolution 2009-06 Approving Guidelines for the Brownfields Revolving Loan Fund Program and Authorizing Implementation..(Marengo/Zimmer) C. Resolution 2009-080 N.C.S. Authorizing the Fire Department to Accept an Office of Spill Prevention and Response ("OSPR") Grant Awarding Funds Specifically to Purchase Oit Spill Supplies and.. Equipment Which Will Be Deployed to Protect Local Resources in the Event of an Oil Spill. (Anderson/Fergus) D. Update on Interim Security Fencing at the Hopper Street Wastewater Plant. (Ban/Scherziriger) Mayor Torliatt announced that Item 3.D would be pulled for discussion as she had received a PUBLIC COMMENT card for that item, Motion: Approve CONSENT CALENDAR Items 3.A, 3.B, and 3.C. Moved by Teresa Barrett, seconded by Tiffany Renee. Vote: Motion carried 7-0. Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pdmela Torliatt No: None Absent: None Abstain, None Public Comment on Item 3:D Ed Naas, Petaluma, said. that in the 10-1 /2 months he~ lived at the Mary Isaak Center, no one went anywhere near the sewer treatment plant, He-doesn't think anyone would climb a fence, He said he would appreciate it if there was no barbed wire fencing installed, Mayor Torliatt Vice Mayor Barrett Vol, XX Page b 1 2 3. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 June 15, 2009 Motion: Approve D, Update on Interim Security Fencing at the Hopper Street Wastewater Plant. Moved by Teresa Barrett, seconded by David Glass. Mayor Torliatt Council Member Healy Vice Mayor Barrett Council Member Healy Mayor Torliatt Vote: Motion carried 7-0. Yes; Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt No: None Absent: None Abstain: None 4. UNFINISHED BUSINESS A, Resolution 2009-081 N.C.S. Authorizing the City Manager to Execute a Cooperative Agreement with Sonoma County to Implement the Sonoma County Energy Independence Program. (Ban/Orr/Iribarne) -Continued from the May 18, 2009 City Council Meeting. Mayor Torliatt Council Member Renee Mayor Torliatt City Attorney Danly Mayor Torliatt City Attorney Danly Council Member Renee City Attorney Danly Council Member Glass City AttorneyDahly Council Member Glass J~~m~ 7 ~~, ?009 City Attorney Danly Council Member Glass Mayor Torliatt Public Comment on Item 4.A voi. xx, Page 7 Terry Wilcox-Rutgers, Petaluma, told Council this progrdm is an opportunity for him and other homeowners to do something constructive that will benefit them and also the environment, He urged Council to move forward with this, Terry Regan, Petaluma, said he is, "one of those people who wants to get his windows done. "Regarding the .issue of requiring mortgage lender approval for participation, he said that both of his children work at banks and mortgages, and neither of them are concerned, He contacted his mortgage company and was told there is no way they foreclose on a home because of participation in this program. Almost every other city in Sonoma County has adopted this. He is concerned that the money is running out. Zen Destiny, Petaluma, wants to use the old sewer plant as a museum commemorating the history of politics, Richard Brawn, Petaluma, spoke about the energy and financial problems the nation is facing. He said, "We are short of money now, we are going to be short of energy in the future. " Mayor Torliatt Rod Doyle, Sonoma County Auditor-Controller-Treasurer-Tax Collector, said he was very excited about Petaluma joining the program. To clarify the matter of lender approval, the County met with banks early in the process and asked if there was any concern, Bank representatives said there was not any concern on residential properties, only on commercial properties. Council Member Renee Mr. Doyle Motion: Approve A. Resolution 2009-081 N.C.S. Authorizing the City Manager to Execute a Cooperative Agreement with Sonoma County to Implement the Sonoma County Energy Independence Program. Moved by Tiffany Renee, seconded by Teresa Barrett.. Council Member Healy Vote: Motion carried 7-0. Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt VoF. XX Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 June 15, 2009 No: None Absent: None Abstain; None 5. NEW BUSINESS A, Resolution 2009-082 N.C.S. Approving d Cooperative Agreement between Caltrans and the City of Petaluma Defining the Scope of Work for the Old Redwood Highway Interchange Project. (Marengo/Lackie) Mayor Torliatt Public Works Director Vince Marengo Mayor Torliatt Director Marengo Mayor Torliatt Council Member Renee Council Member Rabbitt Director Marengo Mayor Torliatt Director Marengo Council Member Rabbitt Director Marengo Ramsey Hissen, URS Corporation Mayor Torliatt Council Member Rabbitt Mr. Hissen Council Member Rabbitt Mr. Hissen Mayor Torliatt Director Marengo Mayor Torliatt June 15, 2004 Council Member Healy Director Marengo Council Member Healy Mr. Hissen Council Member Glass Val, XX; Page 9 Motion: Approve A. Resolution 2009-082 N.C.S. Approving a Cooperative Agreement between Caltrans and the City of Petaluma Defining the Scope of Work for the Old Redwood Highway Interchange Project. Moved by David Glass, seconded by Tiffany Renee. Vote: Motion carried 7-0. Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt No; None Absent; None Abstain; None Item 5.D was heard next. D, Resolution 2009-083 N.C.S. to Write Off the Inter-Fund Advance Amount Between the General Fund and the Ambulance Fund as of 6/30/2009 as Uncollectible. (Haas) Mayor Torliatt City Manager Brown Motion: Approve D. Resolution 2009.-083 N.C.S. to Write Off the Inter-Fund Advance Amount Between the General Fund and the Ambulance Fund as of 6/30/2009 as Uncollectible. Moved by David Glass, seconded by Mike Harris. Vote: Motion carried 7-0. Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt No: None Absent: None Abstain: None B, Introduction and Adoption of Ordinances 2327, 2328, and 2329 N.C.S. Amending Ordinances 2321, 2322, and 2323 N.C.S. to Change Certain Appropriations for the Operations for the City of Petaluma from July 1, 2008 to June 30, 2009 and Declaring the Urgency Thereof, To Take.Effect Immediately; PCDC Resolution Vol. XX Page 10 June 15, 2009 1 2009-OT Approving Adjustments to the Petaluma Community Development 2 Commission FY 2008-2009 Budget. {Haaas) 3 4 City Manager Brown 5 6 Mayor Torliatt 7 8 Motion: Approve B. ,Introduction. and Adoption of .Ordinances 2327, 2328, and 9 2329 N:C.S. Amending Ordinances 2321, 2322, and 2323 N.C.S. to Change Certain 10 Appropriations for the Ope"rations for the City of Petaluma from July 1, 2008 to 11 June 30, 2009.and Declaring the Urgency Thereof, To Take Effect Immediately; 12 PCDC. Resolution 2009-07 Approving Adjustments to the Petaluma Community 13 Development Commission FY 2008-2009 Budget. 14 15 Moved by Teresa Barrett, seconded by David Glass. 16 17 Vote: Motion carried 7-0. 18 19 Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; 20 Tiffany Renee; Pamela Torliatt 21 No: None 22 Absent: None 23 Abstain: None 24 25 C. Resolution 2009-084~N.C.S. Adopting the Fiscal Year 2009-10 Preliminary General 26 Fund Budget for the City of Petaluma; Resolution. 2009-085 N:C.S. Adopting the 27 Fiscal Year 2009-10 Preliminary Enterprise Funds Budget for the City of Petaluma; 28 Resolution 2009-086 N.C.S. Adopting the Fiscdf Year 2009-10 Preliminary Internal 29 Service Funds Budget for the City of Petaluma; Resolution 2009-087 30 N.C.S. Adopting the Fiscal Year 2009-10 Special Revenues and Trust Funds Budget 31 for the City of Petaluma; Resolution 2009-088 N:C.S: Adopting the Fiscal Year 32 2009-10 Preliminary Capital Projects and Debt Fund Budget for the City of 33 Petaluma; PCDC Resolution 2009-08 Adopting, the Fiscal Year 2009-10 PCDC 34 Budget; and Introduction and Adoption of Ordinance' 2330 N.C:S. (General Fund); 35 Ordinance 2331 N,C.S: (Enterprise Funds); Ordinance 2332 N.C.S. (Internal Service 36 Funds); Ordinance 2333 N.C.S. (Special Revenue. and Trust Funds); and Ordinance 37 2334 N.C.S. (Capital 'Projects-and Debt Funds) Appropriating Funds for the 38 Operation of the, City of Petaluma, CA from, July 1, 2009 through June 30, 2010 39 and Declaring the Urgency Thereof, To Take Effect Immediately. (Brown/Haas) 40 41 Mayor Torliatt 42 43 City Manager Brown 44 45 .Mayor Torliatt 46 47 Cit~i Manager Brown 48 49 jVlayor Torliatt 50 ' 51 City Manager Brown 52 J~.~ne 15, 20iJ9 Mayor Torliatt Council Member Harris Mayor Torliatt Vice Mayor Barrett City Manager Brown Council Member Rabbitt City Manager Brown Council Member Renee City Manager Brown Council Member Rabbitt City Manager Brown Council Member Rabbitt City Manager Brown Council Member Rabbitt Vcal. XX, P~~ge 11 City Manager Brown Public Comment on Item 5.C Juliet Pokorny, Petaluma, on behalf of-Cinnabar~Theatre, asked Council to continue: funding the theater through the Transient Occupancy Tax (fOT). Richard Brawn, Petaluma, asked for a moment of silence for the City streets. Anfhy O'Brien, Petaluma, ~in support of the Cinnabar Theater, which she called "its own mini-stimulus package, " Bruce 62ualls, Regency Centers, said he didn't envy Council and their difficult decisions. He feels they have an opportunity to help ,bridge the budget gap by bringing Target to Petaluma. He said Regency has talked about the jobs and benefits the project would bring, and. the. properfy tax and sales tax revenue the project would bring. He told Council; "Regency has done everything asked of them. They do not control the EIR. The ball is not in their court -it's in the City's court. They want awell-designed project.'' The project must make fiscal sense to Regency. He said the design is consistent with other centers with a Target. Zen Destiny, Petaluma, told Council, "We're not poor, we're ignorant. We don't have to follow-the dollar down the drain. The people who made this mess are Vol; XX Page 12 June 15, 2009 1 being rewarded, and those who need the services the most will not receive 2 them, " 3 4 Diane Reilly Torres, Petaluma, said that the 1'.00 p.m. budget workshop meeting 5 wdsnot on N, although it was on Granicus. The information on the blue and 6 yellow sheets. Council was working from at that session was not made available to 7 public. 8 9 Mayor Torliatt 10 11 Council MemberHealy , 12 " 13 Vice Mayor Barrett 14 15 City Manager .Brown 16 17 Mayor Torliatt 18 19 City Manager Brown 20 21 Mayor Torliatt 22 23 Water Resources and Conservation DiFector Mike Ban 24 25 Mayor Torliatt 26 27 Vice Mayor .Barrett 28 29 Mayor Torliatt . 30 31 Council Member Harris 32 33 Council Member Rabbitt 34 35 Council Member Glass 36 " 37 Mayor Torliatt 38 39 ~ Motion; Approve C. Resolution 2009-084,N.C.S: Adopting the Fiscal"Year 2009-10 40 Preliminary General Fund Budget for the City of Petaluma; Resolution. 2009-085 41 N.CS: Adopting #he'Fiscaf Year 2009-10 Preliminary Enterprise Funds Budget for " 42 the City of Petaluma; Resolution 2009-086 N.C.S. Adopting the Fiscal Year 2009-.10 43 ~ Preliminary Internal Service Funds Budget for the City of Petaluma; Resolution 44 2009-087 N:C:S. Adopting the Fiscal"Year 2009-1 O Special Revenues arid. 45 Trust Funds Budget for the City of Petaluma; Resolution 2009-088 N.C:S. Adopting 46 the Fiscal Year 2U09-10•Preliminary Capital Projects and -Debt Fund Budget for the 47 City of Petaluma; PCDC Resolution 2009-08 Adopting the Fiscal Year 2009-10 48 PCDC Budget; and,Introduction and Adoption of Ordinance 2330 N.C.S. (General 49 Fund); Ordinance 2331 N.C.S. (Enterprise Funds); Ordinance 2332 N.C.S. (Internal 50 Service Funds); Ordinance 2333 N.C.S. (Special Revenue and Trust Funds); and 51 •Ordinance.2334 N;C.S. (Capital Projects and Debt Funds) Appropriating Funds for Deane 1:5; 2Q09 Vol. XX, PagP 1~3 the Operation of the City of Petaluma, CA from July 1, 2009 through June 30, 2010 and Declaring the Urgency Thereof, To Take> Effect Immediately. Moved by David•Glass, seconded by Mike Healy. Vote: Motion carried 7-0. Yes: Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt No, None Absent: None Abstain: None E, Resolution 2009-089 N.C.S. Authorizing Agreement with Fire Recovery USA to Collect Mitigation Recovery Fees for Emergency Responses Services to Non-City of Petaluma Residents. (Anderson) Motion: Approve E, .Resolution 2009-089 N.C:S. Authorizing Agreement with Fire Recovery USA to Collect Mitigation Recovery Fees for Emergency Responses Services to Non-City of Petaluma Residents. Moved by David Glass, seconded by Teresa Barrett: Vote: Motion carried 7-0. Yes; Teresa Barrett; David Glass; Mike Harris; Mike Healy; -David Babbitt; Tiffany Renee; Pamela Torliatt No; .None Absent; None Abstain; None F, Introduction {First Reading) of.Ordinance 2335 N:C:S: Authorizing the Expenditure of S21,900, Plus Costs and Fees, to Purchase Easements from David P. Frym and Dale E. Daniels on Sonoma County Assessor's'Pgrcel Numbers 007-071-009 and 007-.071-01:0 in Connection with the Petaluma. River Trail Enhancement Project and Authorising the City Manager to Execute All Required Documents. (Marengo/Zimmer) Motion: Approve F. Introduction (First Reading) of Ordinance 2335 N:C:S. Authorizing the Expenditure. of $21,900, Plus Costs and Fees, to Purchase Easements from David P. Frym and Dale E. Daniels on Sonoma County Assessor's Parcel Numbers 007-071-009 and 007- 071-010 in Connection. with the Petaluma River Trail Enhancement Project and Authorizing the City Managerto Execute All Required Documents. Moved by Teresa Barrett, seconded, by Tiffany Renee. Vote: Motion carried 7-0. Yes; Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt No; None Vol: XX Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 June 15; 2009 Absent: None Abstain; None G, Introduction (First Reading) of Ordinance 2336 N.C.S: Amending Specified Provisions of Chapter 8.20, "Regulation of Smoking in Certain Public. Places," and Chapter 1.3:28, "Use of Public Parks," of the Petaluma Municipal Code to Prohibit Smoking in City Parks. (Brodhun) Assistant Cty~Manager Scott Brodhun Council Member Renee Assistant City Manager Brodhun Council Member Renee Council Member Rabbitt Assistant City Manager Brodhun Mayor Torliatt Assistant City Manager Brodhun Council Member Harris Mayor Torliatt Council Member Rabbitt Assistant City Manager Brodhun Council Member Renee Council Member Healy Mayor Torliatt Vice Mayor Barrett Mayor`Torliatt City Attorney Danly Council Member•Glass Public Comment on Item 5.G Ed Maas, Petaluma, spoke in support of the ordinance, Craig Stammler,.Bella Luma Caffe, Petaluma, wondered how this ban would be eriforceable. 1 4 5 6 8 9 10 T1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48. 49 50 51 52 ,liana 15, 209 Vc~i, XX Pc~cle 15 Ron Martinez; ,Petaluma, is the, father of 5- and 1-year-olds, ad when they go to the park, they offen see parents of other kids smoking, He thinks fhis is a small step forward, Zen Destiny, Petaluma, said that for. the record, he has never smoked and hates cigarettes. However, he iS opposed to this ordinance. because he believes that criminalizing tobacco would give the police probable cause to "shake down anyone who issmoking." He called the fines a "Rdrasitic, arbitrary form of taxation. '` Kerry Andrade, Sonoma County Health Department Tobacco Education Program, thanked Council for considering this ordinance, She told them there really is no constitutional right to smoke. The Health Department is in a position to provide some financial support should the Council decide to adopt this ordinance. Robert Caruso, Petaluma, said he didn't understand why there was no public outrage against smokers "whose second hand smoke causes the deaths of thousands of innocent people each year," Pam Grainger, Petaluma, said Petaluma's ordinance. regulating smoking in public places was .last updated in 1994, and is overdue for revision, Mayor Torldtt Ms. Andrade City Attorney Danly Mayor Torliatt . City Attorney Danly . Council Member Ra6bitt City Attorney Danly Mayor Tarliatt City Manager Brown City Attorney Danly Motion: Approve G.~Introduction (First Reading) of'Ordinance 2336N.CS, Amending'Spe'cified Provisions of Chapter~'8:20, "Regulation of Smoking in Certain Public Places,"and Chapter 13.28', "Use df Public Parks;" of the Petaluma .Municipal Code to Prohibit Smoking in .Cify Parks, amended as follows: Cldpter8.2U.11.0 Violations, Penalties and Enforcement -Item F.: change " ..egnfgined in Chapters 1.10 through 1.15" to ",..,contained in Chapters 1.10 through 1.16. " Delete chgngesto Chapters 13.28.030 Definitions as Used in This: Chapter, and Chapter 1.,3:28.'180 Unlawful Acts in~Park. `Vol;. XX Page 16 June 15, 2009 Moved by Teresa Barrett,. seconded by Tiffany Renee. Vote:°Motion carried 7-0. Yes: Teresa. Barrett;. David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany.Rene'e; Pamela Torliatt No: None Absent. .None Abstain: None Council Member'Renee Mayor Torliatf Council Member Rabbitf H, Introduction (First Reading):Ordinance.2337 N.CS: Amending, Chapter-2.08 (Planning'Commission) and Repealing Chapter.2;50 ($PARC) of the Petaluma Municipal Code~to Consolidate Bgth into a Single, Reconstituted Planning Commission,;, Ordinance 2338 N.C:S: Amending Specified Sections of the Implementing Zoning'Ordinance (Ordinance 2300N,C,S:) and'Ordinance:2339 .. N.C.S: to,Ame~nd Specified Secfions of the SmartCode© (Ordinance 21-52 N.C.S.) to Reflect the Consolidation. (Brown) City Manager<Brown Council Member,Healy City Manager Brown Council Member :Healy City Attorney Danly City ManagerBrown Mayor Torliatt Motion: To continue the, meeting after 11 p:rn:, as required by Counci 's Rules,. Policies, and Procedures: Moved,by Tiffany°Renee, .seconded by Teresa Barrett. Vofe M'oti'on carried. 7-0. Yes; Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt No: ~ None Absent; None Abstain: None Ji:~n~ 1'S, 20g9 Veal.. XX, F?~:~c~~ i 7' 1 Council Member Renee 2 3 '. Council Member Glass 4 5 Mayor Torlialt 6 7 Council Member Gldss 8 9 Public: Comment°on item 5.H 10 11 Bruce Qualls, Regency Centers, fihought that on the surface, this looks like it might 12 streamline the process; however, there s,d concern that this might actually 13 delay their project even further,, He told Council, "After five .years, we have some 14 anxiety;'" He is, concerned that the new group of Planning Commission members 15 .could. "stack, the deck'` against their,projects, 16 17 Jeff Mayne, Petaluma Area`Chamber of Commerce, feels there are some issues 18 that need to be explored before this approve. Although the Chamber applauds 19 the desire to streamline the process, they would like to weigh in, . " 20 21 ~ Mark Soiland, on b"ehalf of°~the North Coast. Builders Exchange and the Home 22 Builders Association, told Council that although they likefihe idea of streamlining, 23 .they believe this change: should involve the stakeholders and industry experts. 24 25 Mary Dooley, ;Petaluma, Owner, MAD Architecture, said she been through.the 26 developmenf'approval process in Petaluma a number of times. She does not 27" support this proposed legislafion,'She believes the public has a right to know that 28 this was riot the recommendation of the pevelopment Code Advisory 29 Committee. She told Council that combining SPARC and the Planning 30 Commission will overburden the 7-member Planning; Commission and "will require 31 completely differerit skills sets tb be; on the one. horrid, a Planning Commissioner, 32 and at the same: time, a design review board member, "She believes 33 that Council•should have an open discussion about the pros and cons of this 34 change, beeause~it appearsthat Council wants to have complete discretion to 35. approve or deny-any project, rather than relying on written legislation or trained 36 planners. 37 = 38 Dave Alden,. CSW/Stuber-Stroh, Petaluma, told Council that although Mayor ~ 39 Torliatt said that no one new project will save the City, good. projects that are 40 processed expediently will help the City rebound a bit quicker, He does not fhink 41 this proposedchangewiltstreamlinethe process in the.near term, To bring a 42 different`body into the process now wilt slow down. projects thaf are currently "in 43 the pike." " 44 45 Council. M,'ernber Glass 46 47 Council Member Renee .. __. _. 48 49 Council Member Rabbitt 50 51 Vice Mayor Barrett 52 Vo(: XX Page 18 1 Council Member Harris 2 3 .Council Member Healy 4 5 Mayor Torfiatt 6 7 City Attorney Danly 8 9 Council Member Healy 10 11 City Attorney Danly 12 13 Council Member Healy 14 15 City Attorney Danly 16 17 Mayor Torliatt 18 19 CounciF Member Glass 20 21 Mayor Torliatt 22 23 Council Member Rabbitt 24 25 Council Member Renee 26 27 City Attorriey'Danly 28 29 Mayor Torliatt 30 31 City Attorney.Danly 32 33 Council Member Renee 34 35 Vice Mayor Barrett 36 ' 37 Council Member Renee 38 39 IVlayor Torliatt 40 41 Vice. Mayor Barrett 42 43 Mayor Torliatt•• 44 45 _. _ City Attorney Danly 46 47 Vice: Mayor Barrett 48 49 City Attorney D.anly 50 51 C-ouncil Member Glass - 52 June 15; 2009 ~. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48. 49 50 51 52 ,,~ari~ 15; .2009 Mayor Torliatt Vc:~l. XX; F~c-zg~ 19 Cowncf Member Renee called for the question, but was in opposition to 1-year terms, Motion: Approve H. Irntroduction (First Redding) Ordinance 2337 N:C.S. Amending Chapter 2:08 (Planning Commission) and .Repealing Chapter:2:50 (SPARC} oYthe Petaluma Municipal Code to Consolidate Both into a Single, Reconstifuted Planning Commission; Ordinance. 2338 N.C:S. Amending Specified Sections df the Implementing Zbriing Ordinance (Ordinance .2300 N.G:S`.) and Ordinance 2339 N:C:S. to Amend Specified Sections of the SmartCode© (Ordinance 2152 N.C.S.) to Reflect the Consolidation, amended as follows: Ordinance 2337 N.C.S.: In Section 2.08.020, Established -Membership -Terms Change. the sentence, "Themember of the commission selected from the city council shall serve until he thirtieth day of June after the appointment... "to read,. "The member of the commission selected from the city council shall serve until the Thirty-first day of January after`the appointment.. , " Add. the words "Sub, ject to and without limiting the authority of the Cify Council to establish and reconsfifufesubordinate bodies,in accordance with Article VIII, Section 55 of The City Charter, and other applicable law" to the beginning of the sentence, "Any appointed member maybe removed by a vote ~offive members of The council.'' Ordinance 2338 N.C.S.: In Section 1.6:060 -Single Lot Development -;paragraph (I) (6) (d); o Change, "Lightcolored~and reflective roofing materials are discouraged"to read, "Reflective roofing materials are discouraged. " Ordinance 2339 N.C:S.: In Section:4.20,010 -Building Height Ex`ception'in T6 Zone • Change °make the following findings to allow up to two more stores" to read "make the following findirgs to allow up fo two more stories" Moyed by Tiffany Renee, seconded by Teresa Barrett. Vofe: Motion carried 4-3. Yes: Teresa .Barrett; David Glass; Tiffany Renee° Pamela Torliatt No, Mike Harris; Mike Healy; David Rdbbitt .Absent; None Abstain; None Resolution 2009-090 N.GS. Making Appointments to City Boards, Commissions, and Committees; Resolutions 2009-.09TH.-2009-091 E N.C.S. Appointing Individuals to the Senior Advisory Committee. (Cooper) Volk, XX Page:20 2 3 4 5 6 7 June 15, 2009 Council Member Reriee Council Member Healy Motion: Approve L Resolution 2009-090 N.C.S: Making Appointments to City Boards Commissions; and Committees, as follows: Name Appointedto Term Expires Ashton; Marc Airport'Commission 6/30/2013 Debnar, Joe Airport Commission (PAPA Representative) 6/30/2010 Long, Jonathan. Animal Services Advisory Committee 6/30/2012 Hurley, Marianne Historic/Cultural:Pceservation Committee Historic SFARC - Herita e Homes Re resentative 6/30/2010 Wolpert Bitl Historic/Cultural Preservation Cornmiitee HistoricSPARC - 6/30/2010 Asselmeer, Pamela Pedestrian and Bicycle Advisory Committee 6/30/2013 Bookerkriight, Annee Public Art Committee 6/30/2013 Dooley, Mary Public Art Committee (Petaluma Arts Council Liaison 6/30/2013 Escudero„Israel Recreation, Music, a.na Parks Commission 6/30/2013 Helm, Marjorie Recreation, Music, and Parks Commission 6/30/2013 Lombardi, Edward Technology/Telecommunications Advisory Committee 6/30/2011 Lyke, Daniel Technology/Telecommunications Advisory Committee 6/30/2011 Walkin Bear; Jaime g y Technology/Telecommunications Advisory .Committee 6/30/2011 Hempel, Elece Transit Advisory Committee 6/30/2011 .Henderson; Carolyn Transit Advisory Committee 6/30/2011 Law, David R. Transit Advisory-Committee 6/30/2011 Lock,.Kenneth Transit Advisory Committee 6/30/2011 Cdrothers,~Scott Tree Advisory Committee 6/30/2011 :Norman, Tammara Tree Advisory Committee 6/30/2011 Seaccdlosi; Rod Tree Advisory Committee 6/30/2011 9 10 And confirming app""ointments to the Youth Commission as follows: 11 New Youth Commissioners (8fh Grade. -Age 20): Name School , Term Expires Arango;, Verenice Petaluma High School 6/30/2010 Baird; Haley Casa Grande. High School .6/30/2010 Gallagher, James Petaluma High School 6/30/2010 Haddock; Lesley Petaluma High School 6/30/2010 Jeane 1'S; 2009 ' Vr...~l, XX, PG~.c~c~ 2'1 Lofgren, :Ian Petaluma High School 6/30/201.0 McCabe, Mary ' Casa Grande High School .6/30/2010 Sanderson,, Will Petaluma High School 6/30/2010 Sweeney, Nick . Petaluma High School . 6/30/2010 Name School Term Expires Wheless; Avery St, Vincent's High School 6/30/2010 V1/heless; Joshua St, Vincent's High School 6/30/2010 Returning Youth Commissioners: Name. School Term Expires Leahy;, Katie Casa Grande High School 6/30/2010 McNamara, Suzanne Casa~Grande High School 6/30/2010 Meyers, :Brandon Petaluma High School 6/30/2010 Russell; Jaclyn Casa Grande High School 6/30/2010 New Adult Commissioners: Term Expires Bomar, Will. 6/30/2011 ;Martini Matt 6/30%2011 Souza, Patricia ~ 6/30/2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Moved by Mike. Healy, seconded by Teresa Barrett. Vote: Motion carried' 7-0. Yes: Teresa Barrett'. David Glass; Mike-Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torlatt No: None Absent: None Abstain; .None City Clerk Cooper collected the ballots for Senior Advisory Committee and read the results as follows: . B G F1 H R R T R A L A E A E O E Reg/,=Regular/ R A R A~ B N R $ Alt-/ _: Alte"mate/ R S R L B' E L U Year Expires E S I Y I E I L T S T A T T T T T Reg/ Reg/ Reg/ Reg/. Reg/ Reg/ Reg/ Day,,Peggy 2011 2010 2011 2011 201.1 2011. 2011 Alt/ Alt/ Alt/ Alt/ Alt/ Alt/ Alt/ Martini; Bonnie 2011 2011 2011 2011 2011 2011 2011 Reg/ Reg/ B'eg/ Reg/ Regj Reg/ Reg/ Reg/ O'Reilly; Rita 2010 2011 2011 201'0 201,1 2011 _ 2010 2011 Reg/ Alt% Altj Alt/ Alt/ Solomon, Joel 2011 2011 2011 2011 2011 Vol;, XX Page 22 1 2 4 5 6 7 8 9 10 11 ~12 13 14 15 T6 17 18 19 20 June 15, 2009 Patricia Wapp; Alt/ Alt/ Reg/ Reg/ ~ ,. 201,1 2011 20 ] 1 :2b 1;0 Young; Sarah Reg/ Alt/ Reg/ Regj ' ~ 20.11 2011 2010 20:1 1 City,Attorney Danly announced Council. had voted to appoint. o Peggy Day to the Senior Advisory Committee for a regular two-year term expiring '201'1.:. _ - (Resolution' 2009-091 A N:C:S:) • Bonnie Martini to the:Senior Advisory Committee for an alternate two-year term expinng ;2011: - (Resolution 20Q9-091 B~ N:C.S.) ® Rita O',Reilly to the Senior Advisory Committee for a regular two-year term expiring 2011... - (Resolution 2009-091C N:C:S:) o Joel Solomon to the Senior Advisory Committee for the other alternate two-year term: ezpi'ing 2011: - (Resolution 2009-091 D N.C.S.) He then asked Council fo wote a second time, for the unexpired term expiring 20T1); selecting between Patricia. Wapp and Sarah Young.' City Clerk Cooper redistributed the ballots. City Clerk Cooper collected the ballots and read the results as follows: B G H H R R T R A L A E A E~ O E To complete the 2- R A R A B N R S year term expiring R S R L B E L U 2010 E S I Y I E 1 L T S T A T T T T T Wapp, Patricia X X 2 Young, Sarah X X X X X 5 21 22 Mayor Torliatf confirmed that Sarah Young had been appointed to the Senior 23 Advisory Committee to complete the two-year term expiring 2010. (Resolution 24' 2009=091.E N.C:S.) 25 26 J, Resolution.2009-.092... N.C.S. Objecting"to Any Seizure by the.State Government of 27 the City's~Streef Maintenance ,Funds and' Authorizing the City-Attorney to 28 Cooperate~with the League of California Cities, Other Cities and Counties in 29 Litigation'Challengingth~ Constitutionality of Any Such. Seizure. 30 (Brown/~Danly/Cooper) 31 32 - Council Member Glass recused himself dhd leff the dais, 33 34 Motion: Approve:J,,~Resolution 2009-092 N.G:S: Qbjecting to Any Seizure by the 35 State: Government of fhe City's. Street Maintenance Funds and Authorizing the City 36 Attorney to Cooperate with. the League of California :Cities, Other Cities and 37 Counties in L'tigdtion Challenging the Constitutionality~of Any Such Seizure. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1'9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ~Ji.me 15, 2009 Moved by Mike Healy, seconded by Tiffany Renee. Vote: Motion carried 6-0. Yes; Teresa Bdrrett; Mike Harris; Mike Healy; David Babbitt; Tiffany .Renee; Pamela Torliait No; None Absent: None Abstain: David Glass Council Member Glass returned to the dais. vii. xx, Page 23 6. PUBLIC. HEARING A• Resolution 2009-094 N.C.S: Adopting the City of Petaluma 2009-2014 Housing Element as an Amendment to the City of Petaluma General Plan 2025 and Resolution 2009-093 N.C.S. Adopting a Negative Declaration of Environmental Impact ahd Statement of Overriding Considerations. (Gaebler) Mayor Torliatt opened the PUBLIC; HEARING. Seeing no one wishing to speak, Mayor Torliatt closed the PUBLIC HEARING. Council Member Renee • Housing Administrator Bonne Gaebler Council Member Healy Ms. Gaebler Council Member Healy City Attorney Danly Ms. Gaebler Motion: Approve Resolution 2009-093:N.C.S..Adopting •a Negative Declaration of Envirronmental Impact and Statement of Overriding Considerations. Moved by Mike Healy, seconded by Tiffany Renee. Vote: Motion carried 7-0. Yes; Teresa Barrett; David Glass; Mike Harris; Mike Healy; David Babbitt; • ~ Tiffany Renee; Pamela Torliatt No, None Absent: None Abstain: None Vol;, XX Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 June 15, 2009 Motion: Approve Resolution 2009-093 N.C.S. Adopting a Negative Declaration of Environmental Impact and Statement of Overriding Considerations. (Gaebler) Moved by Mike .Healy; seconded by Tiffany .Renee. Vote: Motion carried 7-0. Yes; Teresa Barrett; David Glass; Mike. Harris; Mike Healy; David Babbitt; Tiffany Renee; Pamela Torliatt No: None Absent. None Abstain; None ADJOURN The meeting was adjourned at 12:55 a.m. on June 16, 2009. Pamela Torliatt, Mayor Claire Cooper, CMC, City Clerk