HomeMy WebLinkAboutCity Council/PCDSA Minutes 09/09/2013 September 9, 2013 Vol. 46, Page 457
4, L°4 City of Petaluma, California•4 '7 MEETING OF THE CITY COUNCIL/
•61
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
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1 City Council/PCDSA Minutes
2 Monday, September 9, 2013
3 Regular Meeting
4
5 MONDAY, SEPTEMBER 9, 2013
6 CLOSED SESSION - 5:30 P.M.
7
8
9 CALL TO ORDER - CLOSED SESSION
10
11 A. Roll Call
12
13 Present: Chris Albertson; Teresa Barrett; Mike Harris;
14 Mike Healy; Gabe Kearney; Kathy Miller
15 Absent: David Glass
16
17 Vice•Mayor Albertson
18
19 PUBLIC COMMENT ON CLOSED SESSION ITEMS
20
21 None.
22
23 _CLOSED SESSION
24
25 • CONFERENCE WITH LEGAL COUNSEL.- ANTICIPATED LITIGATION: Significant exposure to litigation
26 pursuant to subdivision (b) of Section 54956.9: One potential case.
27 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:Subdivision (a)of California Government
28 Code Section 54956.9: Hollyn D'Lil and Richard Skaff v. City of Petaluma, et al., United States District
29 Court, Northern District of California, No. 3:11-CV-02088-JCS.
30 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:Subdivision (a) of Section 54956.9: Friends of
31 Lafferty Park, Bill Kortum, Larry Modell, Bruce Hagen, Matt Maguire, David Keller and Mary Fuller
32 McChesney v. Pikachu II, LLC, Kimberly Pfendler;as Trustee of the Kimberly Pfendler Marital Trust,
33 Richard Rochat Tavernetti and William E.Tavernetti, as Trustees of the Richard Rochat Tavernetti
34 Irrevocable Trust, and Does 1 through 100,Sonoma County Superior Court action number SCV-253148/
35 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION: Subdivision (c) of Section 54956.9: One
36 potential case.
37 • CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION: Subdivision (c) of Section 54956.9: 1
38 potential case. -CoancA ,MemberHealy reca4ed.hthuelf forthu-item.
39
40 ADJOURN TO CLOSED SESSION
41
42
43
44
45
46
Vol. 46, Page 458 September 9, 2013
1 MONDAY, SEPTEMBER 9, 2013
2 EVENING SESSION- 7-100 7:10 P.M.
3
4
5 CALL TO ORDER- EVENING SESSION
6
7 A. Roll Call
8
9 Present: Chris Albertson; Teresa Barrett; Mike Harris;
10 Mike Healy; Gabe Kearney; Kathy Miller
11 Absent: David Glass
12
13 B. Pledge of Allegiance
14 Assistant City Manager Scott Brodhun
15
16 C. Moment of Silence
17
18 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
19
20 None.
21
22 Vice Mayor Albertson
23
24 PRESENTATION
25
26 Citizen in Action Award - Fire Department. (Jeff Schoch)
27
28 Fire Battalion Chief Jeff Schach
29
30 Vice Mayor Albertson
31
32 GENERAL PUBLIC COMMENT
33
34 Mrs. Loran Patel, Petaluma, spoke in opposition to the proposed Safeway gas station.
35
36 Jeremy Hancock, Petaluma, spoke in opposition to the proposed Safeway gas station.
37
38 Vice Mayor Albertson
39
40 City Clerk Cooper
41
42 Assistant City Manager Brodhun
43
44 Larry Bertram, Petaluma, spoke in opposition to the proposed Safeway gas station.
45
46 Elizabeth Ambrosi, Petaluma, spoke in opposition to the proposed Safeway gas station.
47
48 Susan Harvey Chavez, Petaluma, spoke in opposition to the proposed Safeway gas station.
49
50 Arash Salkhi, Petaluma, spoke in opposition to the proposed Safeway gas station.
51
September 9, 2013 Vol. 46, Page 459
1 Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives.
2
3 Jim Proctor, Petaluma, discussed the City's decision to remove his boat from the Turning Basin.
4
5 COUNCIL COMMENT
6
7 Council Member Harris
8
9 Assistant City Manager Brodhun
10
11 Council Member Harris
12
13 Council Member Kearney
14
15 Council Member Barrett
16
17 Council Member Miller
18
19 Council Member Healy
20
21 Vice Mayor Albertson
22
23 ASSISTANT CITY MANAGER COMMENT
24
25 Assistant City Manager Brodhun
26
27 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
28
29 City Attorney Danly announced that there was no reportable action from tonight's meeting.
30 Council will return to CLOSED SESSION at the conclusion of tonight's EVENING SESSION. He then
31 reported regarding a conclusion of a settlement from a prior night's CLOSED SESSION that was
32 not final at the time of that meeting and has since been finalized. The settlement was approved
33 by a vote of 6/1 with Council Member Barrett opposed. The settlement regards the Redwood
34 Business Center Project and development fees applicable to that project. Under the settlement,
35 the remaining buildings will be subject to all applicable development fees at the time of building
36 permit issuance, except that traffic fees for the entire project will be credited as fully paid as
37 long as the City receives payment for the entire $817,000.00 Redwood Highway intersection
38 contribution negotiated for the project. The settlement agreement is a public document,
39 available upon request.
40
41 1. APPROVAL OF MINUTES
42
43 A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, August
44 5, 2013.
45
46 B. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, August
47 19, 2013.
48
49 C. Approval of Minutes of Adjourned/Continued Regular City Council/PCDSA
50 Meeting of Thursday, August 22, 2013.
51
Vol. 46, Page 460 September 9, 2013
1 The Minutes of the Regular City Council/PCDSA Meeting of Monday, August 5,
2 2013, the Regular City Council/PCDSA Meeting of Monday, August 19, 2013, and
3 the Adjourned/Continued Regular City Council/PCDSA Meeting of Thursday,
4 August 22, 2013,were,deemed,app roved,aypreaewted.
5
6 2. APPROVAL OF PROPOSED AGENDA
7
8 A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of
9 Monday, September 16, 2013.
10
11 Motion: Approve A. Proposed Agenda for Regular City Council/PCDSA Meeting
12 of Monday, September 16, 2013, wiathe,add-it/on of Select-tan of Three.
13 No-mmeet for Appo intmznt to-the/Regyan.a.lClimate Protect-Law
14 Authority's-Climate,Act'Low 2020 Stakeholder Group.
15
16 Moved by Gabe Kearney, seconded by Kathy Miller.
17
18 Council Member Harris
19
20 Council Member Barrett
21
22 Council Member Harris
23
24 Vote: Motion carried 6-0
25
26 Yes: Chris Albertson; Teresa Barrett; Mike Harris;
27 Mike Healy; Gabe Kearney; Kathy Miller
28 No: None
29 Abstain: None
30 Absent: David Glass
31
32 3. CONSENT CALENDAR
33
34 A. Resolution 2013.125 N.C.S. Approving Claims and Bills for July 2013. (Mushallo)
35
36 B. Resolution 2013-126 N.C.S. Accepting Completion of the Glendon Way, Halsey
37 Ave, and G Street Water and Sewer Replacement. (St. John/Zimmer)
38
39 C. Report Outlining the Updated Fund Balance in the Vehicle and Equipment
40 Replacement Fund. (Mushallo)
41
42 D. Resolution 2013-127 N.C.S. Approving the Funding Plan for the Public Safety
43 Dispatch Supervisor Position and the Full-Time Public Safety Dispatch Position
44 Approved by City Council Resolution 2013-124 N.C.S. on August 5, 2013.
45 (Williams/Cook)
46
47 E. Introduction (First Reading) of Ordinance 2473 N.C.S. Adding Chapter 8.38,
48 "Massage Establishments and Massage Professionals," to the City of Petaluma
49 Municipal Code. (Williams)
50
51 Council Member Harris
52
September 9, 2013 Vol. 46, Page 461
1 Motion: Approve CONSENT CALENDAR Items 3.A, 3.B, and 3.C.
2
3 Moved by Gabe Kearney, seconded by Mike Healy.
4
5 Vote: Motion carried 6-0
6
7 Yes: Chris Albertson; Teresa Barrett; Mike Harris;
8 Mike Healy; Gabe Kearney; Kathy Miller
9 No: None
10 Abstain: None
11 Absent: David Glass
12
13 Council Member Harris
14
15 Motion: Approve D. Resolution 2013-127 N.C.S. Approving the Funding Plan tor the Public
16 Safety Dispatch Supervisor Position and the Full-Time Public Safety Dispatch Position
17 Approved by City Council Resolution 2013-124 N.C.S. on August 5, 2013.
18
19 Moved by Mike Harris, seconded by Gabe Kearney.
20
21. Vote: Motion carried 6-0
22
23 Yes: Chris Albertson; Teresa Barrett; Mike Harris;
24 Mike Healy; Gabe Kearney; Kathy Miller
25 No: None
26 Abstain: None
27 Absent: David Glass
28
29 Vice Mayor Albertson opened Public Comment on Item 3.E.
30
31 Trish Smith, Petaluma, submitted a letter from massage therapists thanking the Council for
32 working with them on the Massage Ordinance.
33
34 Seeing no other persons wishing to speak, Vice Mayor Albertson closed Public Comment
35 on Item 3.E.
36
37 Council Member Healy
38
39 City Attorney Danly
40
41 Council Member Healy
42
43 City Attorney Danly
44
45 City Attorney Danly
46
47 Motion: Approve E. Re-Introduce (First Reading) of Ordinance 2473 N.C.S. Adding
48 Chapter 8.38, "Massage Establishments and Massage Professionals," to the City of
49 Petaluma Municipal Code. (Williams)
50
51 Moved by Mike Healy, seconded by Teresa Barrett.
52
Vol. 46, Page 462 September 9, 2013
1 Vote: Motion carried 6-0
2
3 Yes: Chris Albertson; Teresa Barrett; Mike Harris;
4 Mike Healy; Gabe Kearney; Kathy Miller
5 No: None
6 Abstain: None
7 Absent: David Glass
8
9 Council Member Miller
10
11 City Attorney Donly
12
13 Council Member Miller
14
15 4. NEW BUSINESS
16
17 A. Resolution 2013-128 N.C.S. Authorizing the Purchase of One Demonstration
18 ("Demo") Emergency Type I Ambulance from Braun Northwest Inc., Chehalis, WA
19 in the Amount of $150,657.84. (Anderson)
20
21 Fire Chief Larry Anderson
22
23 Council Member Kearney
24
25 Chief Anderson
26
27 Council Member Harris
28
29 Chief Anderson
30
31 Council Member Harris
32
33 Chief Anderson
34
35 Motion: Approve A. Resolution 2013-128 N.C.S. Authorizing the Purchase of One
36 Demonstration ("Demo") Emergency Type I Ambulance from Braun Northwest
37 Inc., Chehalis, WA in the Amount of $150,657.84.
38
39 Moved by Gabe Kearney, seconded by Mike Harris.
40
41 Vote: Motion carried 6-0
42
43 Yes: Chris Albertson; Teresa Barrett; Mike Harris;
44 Mike Healy; Gabe Kearney; Kathy Miller
45 No: None
46 Abstain: None
47 Absent: David Glass
48
49
50 B. Resolution 2013-129A N.C.S. Recommending to the Mayors' 8 Councilmembers'
51 Association the Appointment of Chri.-AU,ertJ, , Peta.lurna, to Fill a Vacancy
52 on the North Bay Division, League of California Cities Executive Board. (Brown)
September 9, 2013 Vol. 46, Page 463
1
2 Motion: Approve Resolution 2013-129A N.C.S. Recommending to the Mayors' &
3 Councilmembers' Association the Appointment of Ch r&1AU,evtoyi, Petcawn ,
4 to Fill a Vacancy on the North Bay Division, League of California Cities Executive
5 Board. (Brown)
6
7 Moved by Gabe Kearney, seconded by Teresa Barrett.
8
9 Vote: Motion carried 6-0
10
11 Yes: Chris Albertson; Teresa Barrett; Mike Harris;
12 Mike Healy; Gabe Kearney; Kathy Miller
13 No: None
14 Abstain: None
15 Absent: David Glass
16
17 Council Member Kearney
18
19 Vice Mayor Albertson opened Public Comment on Item 4.B.
20
21 Seeing no persons wishing to speak, Vice Mayor Albertson closed Public
22 Comment on Item 4.B.
23
24 Motion: Approve Resolution 2013-129B N.C.S. Recommending to the Mayors' &
25 Councilmembers' Association the Appointment of Latu'Le 6aUuz,, Sonoma,
26 to Fill a Vacancy on the North Bay Division, League of California Cities Executive
27 Board. (Brown)
28
29 Moved by Gabe Kearney, seconded by Teresa Barrett.
30
31 Vote: Motion carried 6-0
32
33 Yes: Chris Albertson; Teresa Barrett; Mike Harris;
34 Mike Healy; Gabe Kearney; Kathy Miller
35 No: None
36 Abstain: None
37 Absent: David Glass
38
39 Vice Mayor Albertson
40
41 Council Member Healy
42
43 Council Member Kearney
44
45 Vice Mayor Albertson
46
47 C. Status Report - City Water Supply and Water Conservation. (St. John)
48
49 Director of Public Works and Utilities Dan St. John
50
51 Water Conservation Coordinator Dave Iribarne
52
Vol. 46, Page 464 September 9, 2013
1 Council Member Kearney
2
3 Council Member Barrett
4
5 Dave Iribarne
6
7 Council Member Barrett
8
9 Director St. John
10
11 Council Member Healy
12
13 Director St. John
14
15 Mr. Iribarne
16
17 Vice Mayor Albertson opened Public Comment on Item 4.C.
18
19 Seeing no persons wishing to speak, Vice Mayor Albertson closed Public
20 Comment on Item 4.C.
21
22 Vice Mayor Albertson
23
24 5. PUBLIC HEARING
25
26 A. Resolutions Denying a General Plan Amendment and Denying the Appeal
27 Submitted and Upholding the Planning Commission's Denial of a Zoning Map
28 Amendment for the Lynch Creek Plaza Project Located at the Southwest Corner
29 of Lynch Creek Way and McDowell Boulevard. (Hines)
30
31 Vice Mayor Albertson
32
33 Alicia Giudice, Senior Planner
34
35 Council Member Miller
36
37 Ms. Giudice
38
39 Council Member Miller
40
41 Council Member Kearney
42
43 Ramona Faith, CEO, Petaluma Health Care District
44
45 Rock Tang, Walgreens
46
47 Ms. Faith
48
49 Jim Stephens, Director of Development, Browman Development Company, Inc.,
50 Walnut Creek
51
52 Vice Mayor Albertson
September 9, 2013 Vol. 46, Page 465
1
2 Council Member Kearney
3
4 Hilda Chung, Walgreens
5
6 Council Member Kearney
7
8 Mr. Tang
9
10 Council Member Harris
11
12 Ms. Faith
13
14 Ms. Chung
15
16 Ms. Faith
17
18 Council Member Harris
19
20 Mr. Tang
21
22 Council Member Kearney
23
24 Mr. Tang
25
26 Council Member Kearney
27
28 Mr. Tang
29
30 Ms. Faith
31
32 Council Member Healy
33
34 Mr. Stephens
35
36 Council Member Healy
37
38 Ms. Faith
39
40 Council Member Healy
41
42 Ms. Faith
43
44 Council Member Barrett
45
46 Ms. Faith
47
48 Council Member Barrett
49
50 Ms. Faith
51
52 Ms. Chung
Vol. 46, Page 466 September 9, 2013
1
2 Council Member Barrett
3
4 Ms. Chung
5
6 Council Member Barrett
7
8 Ms. Faith
9
10 Council Member Miller
11
12 Mr. Kidson
13
14 Council Member Miller
15
16 Council Member Kearney
17
18 Mr. Tang
19
20 Council Member Kearney
21
22 Mr. Tang
23
24 Michael Beamer, Manager, Walgreens Store, Santa Rosa
25
26 Council Member Miller
27
28 Council Member Kearney
29
30 Ms. Faith
31
32 Vice Mayor Albertson opened Public Comment on Item 5.A.
33
34 Elece Hempel, Board of Directors, Petaluma Health Care District, spoke in support
35 of the Walgreens Project.
36
37 Erin Hawkins, Petaluma Health Care District, spoke in support of the Walgreens
38 Project.
39
40 Alice Kilgore, Petaluma, spoke in support of the Walgreens Project.
41
42 Rene Cardinaux, Petaluma, spoke in support of the Walgreens Project.
43
44 Colleen Campbell, Petaluma, spoke in support of the Walgreens Project.
45
46 Robert Allen, DDS, Petaluma, spoke against the Walgreens Project, and suggested
47 a pharmacy be placed in the adjacent Deer Creek site.
48
49 Bob Koenitzer, DDS, Petaluma, ceded time by Naja Mavalwalla and Austin
50 Hartford, spoke against the Walgreens Project.
51
September 9, 2013 Vol. 46, Page 467
1 Annette Santorini, Nurse at Petaluma Valley Hospital, spoke in,support of the
2 Walgreens Project.
3
4 Fran Adams, Board of Directors, Petaluma Health Care District, spoke in support of
5 the Walgreens Project.
6
7 John Eder, Sebastopol City Council, spoke against the Walgreens Project.
8
9 Katherine Bobrowski, Petaluma, spoke in support of the Walgreens Project.
10
11 Seeing no other persons wishing to speak, Vice Mayor Albertson closed Public
12 Comment on Item S.A.
13
14 David Ziokowski, Chief Operating Officer for Sonoma County, St. Joseph Health
15
16 Mr. Tang
17
18 Mr. Stephens
19
20 Ms. Faith
21
22 Vice Mayor Albertson
23
24 Council Member Miller
25
26 Council Member Healy
27
28 City Engineer Curt Bates
29
30 Council Member Healy
31
32 Mr. Bates
33
34 Frank Penry, Project Traffic Engineer, GHD, Inc., Santa Rosa
35
36 Council Member Healy
37
38 Mr. Penry
39
40 Council Member Healy
41
42 Mr. Penry
43
44 Council Member Healy
45
46 Council Member Barrett
47
48 Mr. Penry
49
50 Council Member Barrett
51
52 Council Member Kearney
Vol. 46, Page 468 September 9, 2013
1
2 Dan Kidson, Walgreens
3
4 Council Member Kearney
5
6 Mr. Kidson
7
8 Council Member Kearney
9
10 Mr. Stephens
11
12 Council Member Kearney
13
14 Council Member Harris
15
16 Vice Mayor Albertson
17
18 Mr. Bates
19
20 Vice Mayor Albertson
21
22 Planning Manager Heather Hines
23
24 Vice Mayor Albertson
25
26 Ms. Hines
27
28 Vice Mayor Albertson
29
30 Motion: Approve continuing the meeting after 11 p.m., as required by Council's
31 Rules, Policies, and Procedures.
32
33 Moved by Gabe Kearney, seconded by Mike Harris.
34
35 Vote: Motion carried 6-0
36
37 Yes: Chris Albertson; Teresa Barrett; Mike Harris;
38 Mike Healy; Gabe Kearney; Kathy Miller
39 No: None
40 Abstain: None
41 Absent: David Glass
42
43 Vice Mayor Albertson
44
45 Mr. Stephens
46
47 Vice Mayor Albertson
48
49 Council Member Miller
50
51 City Attorney Danly
52
September 9, 2013 Vol. 46, Page 469
1, Vice Mayor Albertson
2
3 City Attorney Danly
4
5 Council Member Miller
6
7 City Attorney Danly
8
9 Ms. Hines
10
11 Vice Mayor Albertson
12
13 Ms. Hines
14
15 Council Member Barrett
16
17 Council Member Miller
18
19 Council Member Kearney
20
21 City Attorney Danly
22
23 Council Member Healy
24
25 City Attorney Danly
26
27 Ms. Hines
28
29 City Attorney Danly
30
31 Council Member Kearney
32
33 Council Member Healy
34
35 Ms. Hines
36
37 City Attorney Danly
38
39 Council Member Barrett
40
41 Council Member Healy
42
43 Ms. Hines
44
45 Vice Mayor Albertson
46
47 Council Member Healy
48
49 City Attorney Danly
50
51 Ms. Hines
52
Vol. 46, Page 470 September 9, 2013
1 City Attorney Danly
2
3 Council Member Kearney
4
5 City Attorney Danly
6
7 Ms. Hines
8
9 City Attorney Danly
10
11 Vice Mayor Albertson
12
13 City Attorney Danly
14
15 Ms. Hines
16
17 City Attorney Danly
18
19 Motion: Remand the project to the Planning Commission for reconsideration for
20 support of the proposed General Plan Amendment and Zoning Amendment, with
21 direction to the applicant to redesign the project without the drive-through and
22 with architecture that blends in with the neighborhood.
23
24 Moved by Gabe Kearney, seconded by Kathy Miller.
25
26 Vic de Melo, Browman Development Company, Inc.
27
28 Vice Mayor Albertson
29
30 City Attorney Danly
31
32 Vice Mayor Albertson
33
34 Voter Motion carried 5-1
35
36 Yes: Chris Albertson; Mike Harris;
37 Mike Healy; Gabe Kearney; Kathy Miller
38 No:. Teresa Barrett
39 Abstain: None
40 Absent: David Glass
41
42 ADJOURN TO CLOSED SESSION
43
44 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:Subdivision (a) of Section 54956.9: Friends of
45 Lafferty Park, Bill Kortum, Larry Modell, Bruce Hagen, Matt Maguire, David Keller and Mary Fuller
46 McChesney v. Pikachu II, LLC, Kimberly Pfendler, as Trustee of the Kimberly Pfendler Marital Trust,
47 Richard Rochat Tavernetti and William E. Tavernetti, as Trustees of the Richard Rochat Tavernetii
48 Irrevocable Trust, and Does 1 through 100, Sonoma County Superior Court action number SCV-253148/
49 CONFERENCE WITH LEGAL COUNSEL: Initiation of litigation pursuant to subdivision (c) of Section 54956.9:
50 One potential case.
51
52 Vice Mayor Albertson
53
September 9, 2013 Vol. 46, Page 471
1 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
2
3 None.
4
5 ADJOURN
6
7 The meeting was adjourned at 11:57 p.m.
8
9
10
11 it
12
13 Chris Albertson, Vice Mayor
14
15
16
17 ATTEST:
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20 atanub
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22 Claire Cooper, CMC, City Clerk
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