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HomeMy WebLinkAboutCity Council/PCDSA Minutes 10/21/2013 October 21, 2013 Vol. 47, Page 1 aV-�� City of Petaluma, California Ll4 , MEETING OF THE CITY COUNCIL/ ce PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY /35.6 1 City Council/PCDSA Minutes 2 Monday, October 21, 2013 3 Regular Meeting 4 5 6 MONDAY, OCTOBER 21, 2013 7 CLOSED SESSION - 5:30 P.M. 8 9 10 CALL TO ORDER - CLOSED SESSION 11 12 A. Roll Call 13 14 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 15 Mike Healy; Gabe Kearney (arrived at 5:32 p.m.); Kathy Miller 16 Absent: None 17 18 CLOSED SESSION 19 20 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION/INITIATION OF LITIGATION (One potential 21 case):.Subdivisions (a) and (c) of Section 54956.9: Friends of Lafferty Park, Bill Kortum, Larry Modell, 22 Bruce Hagen, Matt Maguire, David Keller and Mary Fuller McChesney v. Pikachu II, LLC, Kimberly 23 Pfendler,.as Trustee of the Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and William E. 24 Tavernetti, as Trustees of the Richard Rochat Tavernetti Irrevocable Trust, and Does I through 100, 25 Sonoma County Superior Court action number SCV-253148. 26 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:Subdivision (a) of California Government 27 Code Section 54956.9: Bryant Moynihan vs. City of Petaluma, Sonoma County Superior Court No.SCV- 28 259059. 29 • CONFERENCE WITH LEGAL COUNSEL- INITIATION OF LITIGATION: Pursuant to subdivision (c) of Section 30 54956.9: 1 potential case. - Council Member Healy recused himself for this item. 31 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation 32 pursuant to subdivision (b) of Section 54956.9: One potential case. 33 34 PUBLIC COMMENT ON CLOSED SESSION ITEMS 35 36 None. 37 38 ADJOURN TO CLOSED SESSION 39 40 41 42 43 44 45 46 Vol. 47, Page 2 October 21, 2013 1 MONDAY, OCTOBER 21, 2013 • 2 EVENING SESSION - 7:00 P.M. 3 4 5 CALL TO ORDER- EVENING SESSION 6 7 A. Roll Call 8 9 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 10 Mike Healy; Gabe Kearney; Kathy Miller 11 Absent: None 12 13 B. Pledge of Allegiance 14 15 Petaluma Leghorns Baseball Team 16 17 C. Moment of Silence 18 19 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) 20 21 None. 22 23 PRESENTATIONS 24 25 • Petaluma Leghorns - American Legion Baseball Day - October 21, 2013 26 27 Mayor Glass 28 29 • Economic Development Marketing Program Update. (Alverde) 30 31 Economic Development Manager Ingrid Alverde 32 33 Vice Mayor Albertson 34 35 Ms. Alverde 36 37 Vice Mayor Albertson 38 39 Council Member Harris 40 41 Ms. Alverde 42 43 Council Member Kearney 44 45 Ms. Alverde 46 47 PROCLAMATIONS 48 49 • National Massage Therapy Awareness Week - October 20-26, 2013 50 51 Mayor Glass 52 53 Stephanie DeGoyer, Petaluma October 21, 2013 Vol. 47, Page 3 1 2 Mayor Glass 3 4 • Red Ribbon Week - October 22-31, 2013 5 6 Mayor Glass 7 8 Dick Sharke, Petaluma 9 10 • Freedom from Workplace Bullies Week - October 20-26, 2013 11 12 Mayor Glass 13 14 Kim Page, 15 16 • Arbor Day - October 26, 2013 17 18 Council Member Miller 19 20 Council Member Barrett 21 22 Mayor Glass 23 24 GENERAL PUBLIC COMMENT 25 26 Bill Donahue, Petaluma, discussed his concerns regarding rent stabilization at mobile home parks 27 in Petaluma. 28 29 David Cormier, Petaluma, discussed his concerns regarding rent stabilization at Sandalwood 30 Mobile Home Park. 31 32 Mayor Glass 33 34 Mr. Cormier 35 36 Mayor Glass 37 38 Richard Brawn, Petaluma, expressed his concerns about the streets in Petaluma. 39 40 Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. 41 42 Joe Manthey, Petaluma, spoke regarding alleged false information included in the Domestic 43 Partnership Proclamation presented at the October 7th Council Meeting. 44 45 Mayor Glass 46 47 COUNCIL COMMENT 48 49 Council Member Miller 50 51 Council Member Healy 52 Vol. 47, Page 4 October 21, 2013 1 Vice.Mayor Albertson 2 3 Mayor Glass 4 5 City Manager Brown 6 7 Council Member Harris 8 9 Council Member Barrett 10 11 CITY MANAGER COMMENT 12 13 None. 14 15 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 16 17 City Attorney Danly stated that the City Council has been encouraged by some residents to 18 pursue a challenge to the Groton Rancheria Casino. During CLOSED SESSION, the Council voted 19 6/0 (Council Member Healy recused) not to pursue such an action at this time. 20 21 1. APPROVAL OF MINUTES 22 23 A. Approval of Minutes of Special City Council/PCDSA Meeting of Monday, 24 September 23, 2013. 25 26 -The Minutes of Special City Council/PCDSA Meeting of Monday, September 23, 27 2013 were deemed approved as submitted (Mayor Glass, Council Member Miller 28 recused). 29 30 2. APPROVAL OF PROPOSED AGENDA 31 32 A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of 33 Monday, November 4, 2013. 34 35 Motion: Approve A. Proposed Agenda for Regular City Council/PCDSA Meeting 36 of Monday, November 4, 2013, as submitted. 37 38 Moved by Mike Harris, seconded by Teresa Barrett. 39 40 City Manager Brown 41 42 Motion: Amend the previous motion and Approve A. Proposed Agenda for 43 Regular City Council/PCDSA Meeting of Monday, November 4, 2013, with the 44 addition of discussion of the Rainier Crosstown Connector Environmental Impact 45 Report. 46 47 Moved by Mike Harris, seconded by Teresa Barrett. 48 49 Council Member Healy 50 51 City Manager Brown 52 October 21, 2013 Vol. 47, Page 5 1 Vote: Motion carried 7-0 2 3 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 4 Mike Healy; Gabe Kearney: Kathy Miller 5 No: None 6 Abstain: None 7 Absent: None 8 9 3. CONSENT CALENDAR 10 11 A. Resolution 2013-146 N.C.S. Authorizing City Manager to Sign Lease Documents for 12 Replacement Computer Workstations and Software Deployment System. 13 (Williamsen/Brodhun) 14 15 B. Resolution 2013-147 N.C.S. Amending the Classification and Compensation Plan 16 by Revising the Classification Specification of Water Recycling Plant Lead 17 Operator (St. John/Stephens) 18 19 C. Letter Commenting on Sonoma County Library Draft Amended Joint Powers 20 Agreement(JPA). (Brown) 21 22 Vice Mayor Albertson 23 24 Director of Public Works and Utilities Dan St. John 25 26 Vice Mayor Albertson 27 28 Mayor Glass opened Public Comment on CONSENT CALENDAR items. 29 30 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CONSENT 31 CALENDAR items. 32 33 Motion: Approve CONSENT CALENDAR Items 3.A, 32, and 3.C. 34 35 Moved by Gabe Kearney, seconded by Mike Harris. 36 37 Vote: Motion carried 7-0 38 39 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 40 Mike Healy; Gabe Kearney; Kathy Miller 41 No: None 42 Abstain: None 43 Absent: None 44 45 4. NEW BUSINESS 46 47 A. Progress Report on Traffic Study Addressing Petaluma Boulevard South Road Diet 48 Project. (St. John/Bates) 49 50 Director of Public Works and Utilities Dan St. John 51 52 City Engineer Curt Bates Vol. 47, Page 6 October 21, 2013 1 2 Mayor Glass 3 4 Council Member Harris 5 6 Council Member Barrett 7 8 Council Member Kearney 9 10 Director St. John 11 12 Mr. Bates 13 14 Vice Mayor Albertson 15 16 Mr. Bates 17 18 Vice Mayor Albertson 19 20 Council Member Healy 21 22 Mr. Bates 23 24 Council Member Miller 25 26 Mr. Bates 27 28 Mayor Glass opened Public Comment on Item 4.A. 29 30 Ross Jones, Petaluma Downtown Association, Petaluma, thanked staff for their 31 work regarding the road diet concerns, and spoke of continuing concerns of the 32 downtown businesses. 33 34 John Maher, aka "Petaluma Pete," Petaluma, spoke of safety concerns related to 35 the Road Diet. 36 Richard Brawn, Petaluma, stated he did not believe funds should be spent on the 37 Road Diet, but on other street projects. 38 39 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 40 on Item 4.A. 41 42 Mr. Bates 43 44 City Manager Brown 45 46 Mayor Glass 47 48 B. Introduction (First Reading) of Ordinance 2474 N.C.S. Repealing and Replacing 49 Sections 17.20.010, 17.20.040, 17.20.050, and 17.20.060 of the Petaluma Municipal 50 to Adopt the 2013 California Fire Code, California Building Standards Code, Title 51 24, Part 9, Based on the 2012 Edition of the International Fire Code. 52 (Anderson/Fergus) October 21, 2013 Vol. 47, Page 7 1 2 Council Miller rec used herself for the item, and left the dais. 3 4 Fire Marshal Cary Fergus 5 6 Mayor Glass 7 8 Fire Marshal Fergus 9 10 Mayor Glass 11 12 Fire Marshal Fergus 13 14 Mayor Glass 15 16 City Manager Brown 17 18 Mayor Glass 19 20 Council Member Healy 21 22 Fire Marshal Fergus 23 24 Council Member Healy 25 26 Mayor Glass 27 28 Vice Mayor Albertson 29 30 Council Member Harris 31 32 Council Member Kearney 33 34 Council Member Barrett 35 36 Fire Marshal Fergus 37 38 Council Member Barrett 39 40 Mayor Glass opened Public Comment on Item 4.B. 41 42 Katherine Bobrowski, Petaluma, spoke about problems with fireworks at the 43 mobile home park where she lives. 44 45 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 46 on Item 4.B. 47 48 Fire Marshal Fergus 49 50 Council Member Kearney 51 52 Fire Marshal Fergus Vol. 47, Page 8 October 21, 2013 1 2 Council Member Kearney 3 4 Council Member Healy 5 6 Motion: Approve B. Introduction (First Reading) of Ordinance 2474 N.C.S. 7 Repealing and Replacing Sections 17.20.010, 17.20.040, 17.20.050, and 17.20.060 8 of the Petaluma Municipal to Adopt the 2013 California Fire Code, California 9 Building Standards Code, Title 24, Part 9, Based on the 2012 Edition of the 10 International Fire Code, as amended to replace gender-specific language with 11 gender-neutral language ("he" to "he/she"). 12 13 Moved by Chris Albertson, seconded by Gabe Kearney. 14 15 Vote: Motion carried 4-2 16 17 Yes: Chris Albertson; Mike Harris; Mike Healy; Gabe Kearney 18 No: Teresa Barrett; David Glass 19 Abstain: Kathy Miller 20 Absent: None 21 22 Council Member Barrett 23 24 Mayor Glass 25 26 Council Member Miller returned to the dais. 27 28 C. Introduction (First Reading) of Ordinance 2475 N.C.S. Adopting the 2013 Edition of 29 the California Building Standards Code, California Code of Regulations Title 24, 30 Pads, 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12, and Amendments Thereto Based on 31 Local Climatic, Geological and Topographic Conditions. (Brown/Hamer) 32 33 Chief Building Official John Hamer 34 35 Council Member Kearney 36 37 City Manager Brown 38 39 Motion: Approve C. Introduction (First Reading) of Ordinance 2475 N.C.S. 40 Adopting the 2013 Edition of the California Building Standards Code, California 41 Code of Regulations Title 24, Parts, 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12, and 42 Amendments Thereto Based on Local Climatic, Geological and Topographic 43 Conditions, as amended to replace gender-specific language with gender- 44 neutral language ("he" to "he/she"). 45 46 Moved by Gabe Kearney, seconded by Kathy Miller. 47 48 Mayor Glass opened Public Comment on Item 4.C. 49 50 Monica Soiland Nelson, Midstate Construction, Petaluma, 51 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 52 on Item 4.C. October 21, 2013 Vol. 47, Page 9 1 2 City Manager Brown 3 4 Council Member Barrett 5 6 Vote: Motion carried 5-2 7 8 Yes: Chris Albertson; Mike Harris; Mike Healy; Gabe Kearney; 9 Kathy Miller 10 No: Teresa Barrett; David Glass 11 Abstain: None 12 Absent: None 13 14 Mayor Glass 15 16 5. PUBLIC HEARING 17 18 A. Resolutions Adopting a Mitigated Negative Declaration, Resolution Approving a 19 General Plan Amendment, and Abandonment of Public Utility Easement, and 20 Introduction (First Reading) of an Ordinance to Approve a Zoning Amendment for 21 the Maria Drive Apartments Project Located at 35 Maria Drive. (Hines) 22 23 Mayor Glass 24 25 Council Member Harris 26 27 Council Member Kearney 28 29 Mayor Glass 30 31 Council Member Barrett 32 33 Vice Mayor Albertson 34 35 Council Member Healy 36 37 Council Member Miller 38 39 Mayor Glass 40 41 City Attorney Danly 42 43 Mayor Glass 44 45 Alicia Giudice, Senior Planner 46 47 Council Member Barrett 48 49 Council Member Kearney 50 51 Vice Mayor Albertson 52 Vol. 47, Page 10 October 21, 2013 1 Ms. Giudice 2 3 Vice Mayor Albertson 4 5 Mayor Glass 6 7 Ms. Giudice 8 9 Mayor Glass 10 11 Ms. Giudice 12 13 Vice Mayor Albertson 14 15 Ms. Giudice 16 17 Council Member Miller 18 19 Ms. Giudice 20 21 Council Member Miller 22 23 Zachary Matley, AICP, Associate, W-Trans, Inc., Santa Rosa 24 25 Council Member Healy 26 27 Mr. Matley 28 29 Mayor Glass 30 31 Vice Mayor Albertson 32 33 Ms. Giudice 34 35 Council Member Harris 36 37 Ms. Giudice 38 39 Heather Hines, Planning Manager 40 41 Council Member Harris 42 43 Council Member Kearney 44 45 Ms. Giudice 46 47 Vice Mayor Albertson 48 49 Mayor Glass 50 51 Marty Brill, JDA West, San Francisco, Applicant 52 October 21, 2013 Vol. 47, Page 11 1 Vice Mayor Albertson 2 3 Jonathan Ennis, AIA, DBE Architecture, Inc., San Francisco 4 5 Mayor Glass 6 7 Mr. Motley 8 9 Judy Davidoff, Sheppard Mullin Richter & Hampton, LLP, Attorneys at Law, San 10 Francisco 11 12 Mayor Glass 13 14 Mr. Ennis 15 16 Mayor Glass opened Public Comment on Item S.A. 17 18 Kathleen Garvey, ceded time by Laura Bouchard, Amy Fearnley, Judith Whitman, 19 Eastside Neighbors Coalition, Petaluma, discussed the Coalition's concerns with 20 traffic and other issues in regards to the project. 21 22 Motion: continue the meeting past 11:00 p.m., as required by Council's Rules, 23 Policies, and Procedures. 24 25 Moved by Mike Harris, seconded by Gabe Kearney. 26 27 Vote: Motion carried 7-0 28 29 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 30 Mike Healy; Gabe Kearney; Kathy Miller 31 No: None 32 Abstain: None 33 Absent: None 34 35 Terence Garvey, Petaluma, suggested a separate meeting be held to discuss 36 solutions to the issues. 37 38 Dan Ellecamp, ceded time by Victoria Ellecamp, Eastside Neighborhood 39 Coalition, Petaluma, discussed concerns with the project. 40 41 Albert Wong, ceded time by Alfred Johnston, Yvonne Johnston, Eastside 42 Neighbors Coalition, Petaluma, discussed his concerns with the project. 43 44 Stanley Dettner, Eastside Neighbors Coalition, Petaluma, discussed his concerns 45 with the project. 46 47 Barbara Detner, Eastside Neighbors Coalition, Petaluma, discussed her concerns 48 with the project. 49 50 Mayor Glass 51 Vol. 47, Page 12 October 21, 2013 1 Sheila Garvey, Eastside Neighbors Coalition, Petaluma, discussed her concerns 2 with the project. 3 4 Monica Soiland Nelson, Midstate Construction, Petaluma, spoke in support of the 5 project. 6 7 Roger Nelson, Midstate Construction, Petaluma, spoke in support of the project. 8 9 John Keating, Petaluma, discussed his concerns with the project. 10 11 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 12 on Item S.A. 13 14 Mr. Brill 15 16 Mayor Glass 17 18 Vice Mayor Albertson 19 20 Mr. Motley 21 22 Mayor Glass 23 24 Mr. Matley 25 26 Mr. Bates 27 28 Mayor Glass 29 30 Mr. Brill 31 32 Vice Mayor Albertson 33 34 Mr. Brill 35 36 Vice Mayor Albertson 37 38 Mr. Motley 39 40 Vice Mayor Albertson 41 42 Mr. Bates 43 44 Council Member Miller 45 46 Vice Mayor Albertson 47 48 Mr. Brill 49 50 Vice Mayor Albertson 51 52 Mr. Brill October 21,2013 Vol. 47, Page 13 1 2 Vice Mayor Albertson 3 4 Council Member Harris 5 6 Mr. Brill 7 8 Mayor Glass 9 10 Mr. Ennis 11 12 Mayor Glass 13 14 Council Member Miller 15 16 Council Member Healy 17 18 Mayor Glass 19 20 Vice Mayor Albertson 21 22 Council Member Barrett 23 24 Council Member Kearney 25 26 Council Member Harris 27 28 Mayor Glass 29 30 Council Member Healy 31 32 Council consensus that the proposed project should be redesigned with a 33 reduction in density. 34 35 Ms. Hines 36 37 Motion: Continue the item to a date uncertain, to allow the project developer to 38 respond to Council's concerns. 39 40 Moved by Gabe Kearney, seconded by Teresa Barrett. 41 42 Vote: Motion carried 7-0 43 44 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 45 Mike Healy; Gabe Kearney; Kathy Miller 46 No: None 47 Abstain: None 48 Absent: None 49 50 51 52 ADJOURN Vol. 47, Page 14 October 21, 2013 1 2 Motion: Adjourn the meeting. 3 4 Moved by Mike Healy, seconded by Chris Albertson. 5 6 Vote: Motion carried 7-0 7 8 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 9 Mike Healy; Gabe Kearney; Kathy Miller 10 No: None 11 Abstain: None 12 Absent: None 13 14 The meeting was adjourned at 12:20 p.m., Tuesday, October 22, 2013. 15 16 17 / 18 /19 20 ���/�i! 21 Evid Glass, Mayor 22 23 24 25 ATTEST: 26 27 28 n L cJ�� , Q_ 29 � J� 30 Claire Cooper, CMC, City Clerk 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51