HomeMy WebLinkAboutCity Council/PCDSA Minutes 03/03/20141
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March 3, 2014
w��L° City of Petaluma, California
a0� MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
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City Council/PCDSA Minutes
Monday, March 3, 2014
Regular Meeting
MONDAY, MARCH 3, 2014
CLOSED SESSION - 6:00 P.M.
CALL TO ORDER - CLOSED SESSION
A. Roll Call
Present: Chris Albertson; Teresa Barrett; David Glass;
Mike Harris; Mike Healy; Gabe Kearney; Kathy Miller
Absent: None
CLOSED SESSION
Vol. 47, Page 107
• CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION/INITIATION OF LITIGATION (One potenfiol
case): Paragraphs (1) and (4) of Subdivision (d) of Section 54956.9: Friends of Lafferty Park, Bill Kortum,
Larry Modell, Bruce Hagen, Matt Maguire, David Keller and Mary Fuller McChesney v. Pikochu ll, LLC,
Kimberly Pfendler, as Trustee of the Kimberly Pfendler Marital Trust, Richard Rochat Tavernetti and
William E. Tavernetti, as Trustees of the Richard Rochat Tavernetti Irrevocable Trust, and Does 1 through
100, Sonoma County Superior Court action number SCV-253148.
• CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION: Paragraph (4) of Subdivision (d) of
Section 54956.9: One potential case. - Added with Agenda Revision No. I -Thursday, February 27, 2014
• CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION: Significant exposure to litigation
pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: One potential case. - Added with
Agenda Revision No. I -Thursday, February 27, 2014
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
ADJOURN TO CLOSED SESSION
Vol. 47, Page 108
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March 3, 2014
MONDAY, MARCH 3, 2014
EVENING SESSION - 7:00 P.M.
CALL TO ORDER - EVENING SESSION
A. Roll Call
Present: Chris Albertson; Teresa Barrett; David Glass;
Mike Harris; Mike Healy; Gabe Kearney; Kathy Miller
Absent: None
B. Pledge of Allegiance
Janice Cader-Thompson, Petaluma
C. Moment of Silence
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Mayor Glass announced that Item 4.E would be moved to follow the CONSENT
CALENDAR and COUNCIL COMMENT would be moved to the end of the meeting.
PROCLAMATION
• National Surveyor's Week - March 6-22, 2014
Mayor Glass
Paul Brown, California Land Surveyors Association, Sonoma County Chapter
GENERAL PUBLIC COMMENT
Ramona Obeso and Ninel Lucas, Petaluma, students from the Petaluma Adult School Citizenship
Class, introduced themselves and talked about their experience in the class.
John Cheney, Petaluma, showed slides and talked the homeless living in Cedar Park.
City Manager Brown
Mayor Glass
City Manager Brown
Janice Cader-Thompson, Petaluma, spoke about the possibility of Governor Brown brining back
redevelopment "in a different way."
Mayor Glass
City Manager Brown
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March 3, 2014
Mayor Glass
CITY MANAGER COMMENT
City Manager Brown
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
APPROVAL OF MINUTES
Vol. 47, Page 109
A. Approval of Minutes of Special City Council/PCDSA Meeting of Monday, January
13, 2014.
The Minutes of Special City Council/PCDSA Meeting of Monday, January 13, 2014
were deemed approved as presented.
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday, March
17. 2014.
Motion: Approve A. Agenda for Regular City Council/PCDSA Meeting of Monday,
March 17, 2014, as presented.
Motion by Gabe Kearney, seconded by Mike Harris.
Vote: Motion carried 7-0
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
None
Abstain:
None
Absent:
None
3. CONSENT CALENDAR
A. Resolution 2014-031 N.C.S. Approving Claims and Bilis for January 2014.
(Mushallo)
B. Resolution 2014-032 N.C.S. to Receive and File the City Treasurer's Reports dated
September 30, 2013 and December 31, 2013. (Mushollo)
C. Resolution 2014-033 N.C.S. Accepting Completion of the East Washington Street
18" Water Main Replacement (Hwy 101 to Edith Street). (St. John/Zimmer)
D. Resolution 2014-034 N.C.S. Accepting Three FTA Grants (Two JARC and One New
Freedom) and Authorizing City Manager to Execute Grant Agreements. (St.
Vol. 47, Page 110
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GA
March 3, 2014
John/Rye)
E. Reseldtlerl-A the ng +I-9TCityPetaluma to Apply-' er Cv 12/13 and
13/14 Transit Performance Inr,entiye F„nds Earned b Petaluma Transit,. -(S4
' ) - Moved to be considered after Item 4.C.
F. Resolution 2014-035 N.C.S. Accepting Completion of the Petaluma Transit
Maintenance Facility Project. (St. John)
Mayor Glass opened Public Comment on the CONSENT CALENDAR.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on the
CONSENT CALENDAR.
There was Council consensus to remove Item 3.E from the CONSENT CALENDAR and hear
it after Item 4.C.
Motion: Approve CONSENT CALENDAR items 3.A, 3.8, 3.C, and 3.D.
Motion by Mike Harris, seconded by Gabe Kearney.
Vote: Motion carried 7-0
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
None
Abstain:
None
Absent:
None
NEW BUSINESS
Item 4.E was heard next:
E. Consideration and Possible Action on a Resolution Establishing a Temporary
Moratorium on New Gas Station Uses in Petaluma. (Brown/Hines)
City Attorney Danly
Mayor Glass
Council Member Albertson
City Attorney Danly
Council Member Healy
City Attorney Danly
Council Member Miller
Vice Mayor Kearney
March 3, 2014
Council Member Harris
Council Member Albertson
Council Member Barrett
Mayor Glass opened Public Comment on Item 4.E.
Janice Cader-Thompson, Petaluma, spoke in opposition to a temporary
moratorium on new gas station uses.
Vol. 47, Page 111
Judy Morris, Petaluma, spoke in support of a temporary moratorium on new gas
station uses.
Mayor Glass
Jeremy Hancock, Petaluma, spoke in favor of a temporary moratorium on new
gas station uses.
Bruce Johnston, Napa, spoke in opposition to a temporary moratorium on new
gas station uses.
Addy Ortega and Ludivina Martinez, students at Petaluma Adult School, spoke in
support of a temporary moratorium on new gas station uses.
Frances Frazier, Petaluma Adult School, spoke in support of a temporary
moratorium on new gas station uses.
Arash Salkhi, SRAP, Inc., Petaluma, spoke in support of a temporary moratorium
on new gas station uses.
Elizabeth Ambrosi, Petaluma, spoke in support of a temporary moratorium on new
gas station uses.
Mary Davi, Safeway, Pleasanton, spoke in opposition to a temporary moratorium
on new gas station uses.
Mayor Glass
Council Member Healy
Ms. Davi
Council Member Healy
Ms. Davi
Council Member Healy
Ms. Davi
Council Member Healy
Vol. 47, Page 112 March 3, 2014
Ms. Davi
Council Member Healy
Mayor Glass
Council Member Harris
Ms. Davi
Mayor Glass
Joe Cunningham, Petaluma, spoke in opposition to a temporary moratorium on
new gas station uses.
Delmas Galt, Petaluma, spoke in opposition to a temporary moratorium on new
gas station uses.
Kim Gutzman, Petaluma, local business owner since 1982, spoke in favor of a
temporary moratorium on new gas station uses.
Bert Lathrop, Metron Supplies, Inc., Petaluma, spoke in support of a temporary
moratorium on new gas station uses.
Susan Harvey Chavez, Petaluma, spoke in support of a temporary moratorium on
new gas station uses.
Maureen Rudder, Principal, McDowell Elementary School, spoke in support of a
temporary moratorium on new gas station uses and in opposition to the proposed
fueling station.
Matt Krupp, Petaluma, spoke in opposition to a temporary moratorium on new
gas station uses.
Dean McKilloe, Petaluma, suggested a compromise could be reached regarding
the proposed fueling station.
John Karvonen, Petaluma, spoke in opposition to a temporary moratorium on
new gas station uses.
Matt Francois, Sedgwick LLC, land use counsel for Safeway, spoke in opposition
to a temporary moratorium on new gas station uses.
Mayor Glass
Mr. Francois
Mayor Glass
Ms. Davi
March 3, 2014
Mayor Glass
Mr. Francois
Vol. 47, Page 113
Adriann Saslow, Petaluma, spoke in support of a temporary moratorium on new
gas station uses.
Miles Gardea, Student at Casa Grande High School, Petaluma, spoke in support
of a temporary moratorium on new gas station uses.
Alexander Saslow, Petaluma, spoke in support of a temporary moratorium on
new gas station uses.
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item 4.E.
Planning Manager Heather Hines
City Attorney Donly
Council Member Albertson
Ms. Hines
Council Member Albertson
Mayor Glass
Ms. Hines
Mayor Glass
Ms. Hines
Council Member Barrett
Ms. Hines
Council Member Barrett
Council Member Harris
Mayor Glass
Council Member Healy
Ms. Hines
Council Member Healy
Ms. Hines
Vol. 47, Page 114
March 3, 2014
1 Council Member Healy
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3 Ms. Hines
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5 Council Member Healy
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7 Ms. Hines
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9 Council Member Healy
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11 Council Member Barrett
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13 Ms. Hines
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15 Council Member Barrett
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17 Ms. Hines
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19 Council Member Barrett
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21 Ms. Hines
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23 Vice Mayor Kearney
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25 Council Member Miller
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27 Mayor Glass
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29 City Attorney Danly
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31 Council Member Healy
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33 Mayor Glass confirmed that there was not sufficient support on the Council to
34 establish a temporary moratorium.
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36 Item 4.A was heard next:
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38 A. Resolution 2014-036 N.C.S. - Resolution 2014-042 N.C.S. Updating Existing
39 Development Related Fees. (Duiven)
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41 Senior Planner Scott Duiven
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43 Council Member Healy
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45 Council Member Barrett
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47 Mayor Glass
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49 Council Member Barrett
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51 Mayor Glass
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March 3, 2014
1 Mr. Duiven
Vol. 47, Page 115
3 Council Member Healy
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5 Motion: Approve A. Resolutions Updating Existing Development Related Fees.
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7 Motion by Mike Healy, seconded by Gabe Kearney.
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Mayor Glass
City Attorney Danly
Mayor Glass
City Attorney Danly
Mr. Duiven
Mayor Glass
Motion: Amend the previous motion and second, to approve:
Resolution 2014-036 N.C.S. Replacing the Current City Facilities Development
Impact Fee Resolution Providing for City Facilities for Future Development Within
the City of Petaluma (Resolution No. 2012-121 N.C.S., Adopted August 27, 2012),
to Amend Provisions Governing Housing Definitions and Credit for Prior Uses;
Resolution 2014-037 N.C.S. Replacing the Current Park Land Development Impact
Fee Resolution Providing for Park Improvements for Community and
Neighborhood Parks for Future Development Within the City of Petaluma,
(Resolution No. 2012-122 N.C.S., Adopted August 27, 2012), to Amend Provisions
Governing Housing Definitions and Credit for Prior Uses;
Resolution 2014-038 N.C.S. Replacing the Current Park Land Acquisition Fee
Resolution for Non -Quimby Act Development Projects to Provide for Park Land
Acquisition Necessary to Serve Future Development Within the City of Petaluma,
(Resolution No. 2012-124 N.C.S., Adopted August 27, 2012), to Amend Provisions
Governing Housing Definitions and Credit for Prior Uses;
Resolution 2014-039 N.C.S. Replacing the Open Space Land Acquisition Fee
Resolution for New Development Projects Providing for Open Space Land
Acquisition Necessary to Serve Future Development Within the City of Petaluma,
(Resolution No. 2012-123 N.C.S., Adopted August 27, 2012), to Amend Provisions
Governing Housing Definitions and Credit for Prior Uses; and,
Resolution 2014-040 N.C.S. Replacing the Current Traffic Development Impact Fee
Resolution for Future Development Within the City of Petaluma, (Resolution No.
2012-125 N.C.S., Adopted August 27, 2012), to Amend Provisions Governing
Housing Definitions, Credit for Prior Uses and Refund of Fees Already Paid.
Motion by Mike Healy, seconded by Gabe Kearney.
Vol. 47, Page 116 March 3, 2014
Vote: Motion carried 5-2
Yes: Chris Albertson; Mike Harris; Mike Healy; Gabe Kearney;
Kathy Miller
No: Teresa Barrett; David Glass
Abstain: None
Absent: None
Mayor Glass opened Public Comment on Item 4.A.
Ross A. Jones, Jones Architecture & Development, told Council that development
fees for gas stations should be based on gallons estimated to be pumped, not
square footage.
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item 4.A.
Mayor Glass
City Attorney Danly
Mayor Glass
Mr. Duiven
Mayor Glass
Council Member Harris
Mayor Glass
Mr. Duiven
Mayor Glass
Mr. Duiven
City Manager Brown
Mayor Glass
City Manager Brown
Mayor Glass
Council Member Healy
Motion: Approve A. Resolution 2014-041 N.C.S. Replacing the Current Wastewater
Capacity Fee Resolution for New Development Within the City of Petaluma,
(Resolution No. 2012-127 N.C.S., Adopted August 27, 2012), to Amend Provisions
Governing the Time for Fee Payment.
March 3, 2014
Made by Mike Healy, seconded by Kathy Miller.
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
Vol. 47, Page 117
B. Resolution 2014-043 N.C.S. Amending the Classification and Compensation Plan
by Establishing the Classification and Pay Range of Abandoned Vehicle
Abatement Officer and Authorizing the Position Allocation of Abandoned Vehicle
Abatement Officer. (Brown/Stephens)
Police Lieutenant Tim Lyons
Mayor Glass opened Public Comment on Item 4.11.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
4.B.
Mayor Glass
Lieutenant Lyons
Motion: Approve B. Resolution 2014-043 N.C.S. Amending the Classification and
Compensation Plan by Establishing the Classification and Pay Range of
Abandoned Vehicle Abatement Officer and Authorizing the Position Allocation of
Abandoned Vehicle Abatement Officer.
Motion by David Glass, seconded by Kathy Miller.
Vote: Motion carried 7-0
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
None
Abstain:
None
Absent:
None
Council Member Barrett
City Manager Brown
C. Resolution 2014-044 N.C.S. Approving Transit Signal Priority Project C.I.P. Budget
and Design Services Agreement with DKS Engineering. (St. John/Rye)
Director of Public Works and Utilities Dan St. John
Mayor Glass
Vol. 47, Page 118 March 3, 2014
Transit Manager Joe Rye
Mayor Glass opened Public Comment on Item 4.C.
Dave Alden, Member, Transit Advisory Committee, said that Transit Manager Joe
Rye had covered the comments he had planned to make.
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item 4.C.
Council Member Healy
Mr. Rye
Council Member Healy
Mr. Rye
David Mahama, P.E., DKS Associates, Oakland
Mayor Glass
Mr. Mahama
Vice Mayor Kearney
Mr. Rye
Vice Mayor Kearney
Mr. Rye
Vice Mayor Kearney
Mr. Rye
Vice Mayor Kearney
Council Member Healy
Mr. Rye
Motion: Approve C. Resolution 2014-044 N.C.S. Approving Transit Signal Priority
Project C.I.P. Budget and Design Services Agreement with DKS Engineering.
Motion by Gabe Kearney, seconded by Teresa Barrett.
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
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March 3, 2014
Abstain: None
Absent: None
Council Member Albertson
Mr. Mahama
Council Member Albertson
Mr. Mahama
Council Member Albertson
Item 3.E was heard next:
Vol. 47, Page 119
E. Resolution 2014-045 N.C.S. Authorizing the City of Petaluma to Apply to MTC for FY
12/13 and 13/14 Transit Performance Incentive Funds Earned by Petaluma Transit.
(St. John/Rye)
Motion: Approve E. Resolution 2014-045 N.C.S. Authorizing the City of Petaluma to
Apply to MTC for FY 12/13 and 13/14 Transit Performance Incentive Funds Earned
by Petaluma Transit.
Motion by Mike Healy, seconded by Kathy Miller.
Vote: Motion carried 7-0
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
None
Abstain:
None
Absent:
None
Mayor Glass opened Public Comment on Item 3.E.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
3.E.
Item 4.1) was heard next:
D. Resolution 2014-046 N.C.S. Resolution Declaring a Water Shortage Emergency
and Implementing Stage 1 of the City's Water Shortage Contingency Plan. (St.
John)
Director of Public Works and Utilities Dan St. John
Mayor Glass
Director St. John
Mayor Glass
Vol. 47, Page 120
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March 3, 2014
Mayor Glass opened Public Comment on Item 4.D.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
4.D.
Council Member Healy
Motion: Approve D. Resolution 2014-046 N.C.S. Resolution Declaring a Water
Shortage Emergency and Implementing Stage 1 of the City's Water Shortage
Contingency Plan.
Motion by Mike Healy, seconded by Kathy Miller.
Vote: Motion carried 7-0
Yes:
Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
None
Abstain:
None
Absent:
None
COUNCIL COMMENT
Council Member Healy
Council Member Miller
Mayor Glass
Council Member Harris
Vice Mayor Kearney
Mayor Glass
ADJOURN
The meeting was adjourned at 10:35 p.m.
ATTEST:
Claire Cooper, CMC, City ClerkII
aD220 —
•• • Glass,• •