HomeMy WebLinkAboutStaff Report 1.B 10/06/2014Agenda Item # 1.9
azALa � City of Petaluma, California
O MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
185$
1 Draft City Council/PCDSA Minutes
2 Monday, September 8, 2014
3 Regular Meeting
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MONDAY, SEPTEMBER 8, 2014
CLOSED SESSION - 5:30 P.M.
10 CALL TO ORDER - CLOSED SESSION
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12 A. Roll Call
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14 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
15 Gabe Kearney; Kathy Miller
16 Absent: None
CLOSED SESSION
• Government Code Section 54956.9: Hollyn D'Lil and Richard Skoff v. City of Petaluma, et al., United
States District Court, Northern District of California, No. 3:11 -CV -02088 -JCS.
• CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d)
of California Government Code Section 54956.9: Arbitration of David Sears Disciplinary Appeal, JAMS
No. 1100077589.
• CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California
Government Code Section 54956.9: Friends of Lafferty Park, Bill Korium, Larry Modell, Bruce Hagen, Matt
Maguire, David Keller and Mary Fuller McChesney v. Pikochu II, 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 REAL PROPERTY NEGOTIATORS: Pursuant to California Government Code Section
54956.8: Property: Assessor's Parcel Number 007-380-027 (portion). Agency negotiator: John Brown.
Negotiating parties: Merlone Geier LP, MGP VIII Properties, LLC. Under negotiation: Both price and
payment terms.
• CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to California Government Code Section
54956.8: Property: Assessor's Parcel Numbers 007-031-004 and 007-031-005 (Fairgrounds property)
Agency negotiator: John Brown and Ingrid Alverde. Negotiating parties: Joe Barkett and Sarah
Cummings. Under negotiation: Instruction to negotiators concerning price, terms, and terms of
payment. -Added with Agenda Revision No. I -Thursday, September 4, 2014.
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41 PUBLIC COMMENT ON CLOSED SESSION ITEMS
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43 Mayor Glass opened Public Comment on CLOSED SESSION.
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45 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED SESSION.
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Vol. XX, Page 2
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ADJOURN TO CLOSED SESSION
September 8, 2014
MONDAY. SEPTEMBER S. 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
City Clerk Claire Cooper
C. Moment of Silence
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Mayor Glass announced that COUNCIL COMMENT would move to the end of the agenda.
PRESENTATION
• Junior Officer Police Camp Recognition (Patrick Williams, Chief of Police;
Heidi Borges and Jen Row, Public Safety Dispatchers and Camp Co -Leaders)
Police Chief Pat Williams
Public Safety Dispatcher and Camp Co -Leader Heidi Borges
Chief Williams
Ms. Borges
Chief Williams
GENERAL PUBLIC COMMENT
Bob Curry, Petaluma, spoke about political campaign signs, which he called pollution, and
suggested that candidates' money would be better spent educating the local community on
their views and what they hope to do if elected.
Katherine Bobrowski, Petaluma, spoke of problems in the mobile home park where she lives.
Victor Chechanover, Petaluma, said he is happy that the city is undertaking a study to consider
the feasibility of joining Sonoma Clean Power. He also spoke regarding the path he uses to get
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September 8, 2014
Vol. XX, Page 3
from his home near Wiseman Park to Shollenberger, saying it is not maintained and hasn't been
for as long as he can remember. He told Council there are a number of users of that path and it
is dangerous in some places. He would like some commitment that it will be fixed.
Janice Cader-Thompson, Petaluma, spoke about a pamphlet she received in the mail from
Basin Street Properties, describing their accomplishments in Petaluma, and said that the money
they spent on a color mailer like this would have been better spent on putting in an all-weather
field at their Riverfront project.
COUNCIL COMMENT
Mayor Glass
CITY MANAGER COMMENT
None.
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, July 7,
2014.
The Minutes of Regular City Council/PCDSA Meeting of Monday, July 7, 2014 were
deemed approved as presented.
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday,
September 15, 2014.
Council Member Healy
Motion: Approve A. Agenda for Regular City Council/PCDSA Meeting of Monday,
September 15, 2014, as amended to move the Use of Potential Sales Tax
Revenues item to the October 6, 2014 Regular City Council/PCDSA Meeting.
Motion by Mike Healy, 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
Vol. XX, Page 4
September 8, 2014
1 3. CONSENT CALENDAR
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3 A. Resolution 2014-135 N.C.S. Approving Claims and Bills for July 2014. (Mushallo)
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5 B. Resolution 2014-136 N.C.S. Setting 2014-2015 Annual Assessment District
6 Administration Rates. (Mushallo)
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8 C. Resolution 2014-137 N.C.S. Authorizing the City Manager to Amend the
9 Professional Services Agreement with Kennedy/Jenks Consultants, Inc. for
10 Engineering and Design Services for the Headworks Screen Upgrade and the
11 Performance Optimization Projects at the Ellis Creek Water Recycling Facility. (St.
12 John/Walker)
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14 D. Resolution 2014-138 N.C.S. Authorizing the City Manager to Execute a Professional
15 Services Agreement with GHD, Inc. for an Addendum to the Environmental
16 Impact Report (EIR) for Ellis Creek Water Recycling Facility. (St. John/Walker)
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18 E. Resolution 2014-140 N.C.S. Approving the Budget and Authorizing Award of
19 Contract for the Western Avenue Water Main Replacement (Bantam Way to
20 Benjamin Lane) Project. (St. John/Zimmer)
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22 F. Resolution Authorizing the City Manager to Execute a Professional Services
23 Agreement with Dun Rite Maintenance for Downtown Sidewalk Cleaning. (St.
24 John/DeNicola)
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26 G. Resolution 2014-139 N.C.S. Authorizing the Extension of the Abandoned Vehicle
27 Abatement Program until April 30, 2025.
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29 Mayor Glass
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31 Mayor Glass opened Public Comment on the CONSENT CALENDAR.
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33 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on the
34 CONSENT CALENDAR.
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36 Council Member Albertson
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38 Motion to: Approve CONSENT CALENDAR items 3.A, 3.8, 3.C, 3.1), and 3.G.
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40 Motion by Gabe Kearney, seconded by Kathy Miller.
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42 Vote: Motion carried 7-0
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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
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50 Council Member Albertson
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52 Director of Public Works and Utilities Dan St. John
September 8, 2014
Council Member Albertson
Director St. John
Vol. XX, Page 5
Mayor Glass opened Public Comment on Item 3.E.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 3.E.
Motion: Approve E. Resolution 2014-140 N.C.S. Approving the Budget and Authorizing
Award of Contract for the Western Avenue Water Main Replacement (Bantam Way to
Benjamin Lane) Project.
Motion by Chris Albertson, 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
Council Member Miller
Director St. John
Council Member Miller
Director St. John
Council Member Healy
Mayor Glass
Council Member Barrett
Council Member Harris
Director St. John
Mayor Glass
Director St. John
City Manager Brown
Council Member Healy
Direction to staff to revise Item 3.F - Resolution Authorizing the City Manager to Execute a
Professional Services Agreement with Dun Rite Maintenance for Downtown Sidewalk
Cleaning to tighten the scope of work as appropriate for current drought conditions.
Vol. XX, Page 6
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September 8, 2014
2 4. UNFINISHED BUSINESS
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4 A. Adoption (Second Reading) of Ordinance 2509 N.C.S. to Approve a Zoning Map
5 Amendment to Rezone the Property located at 200 Greenbriar Circle from
6 Planned Unit Development (PUD) to R-4 for the Addison Ranch Apartment
7 Complex. (Hines)
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9 Mayor Glass opened Public Comment on Item 4.A.
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11 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
12 4.A.
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14 Motion: Approve A. Adoption (Second Reading) of Ordinance 2509 N.C.S. to
15 Approve a Zoning Map Amendment to Rezone the Property located at 200
16 Greenbriar Circle from Planned Unit Development (PUD) to R-4 for the Addison
17 Ranch Apartment Complex.
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19 Motion by David Glass, seconded by Teresa Barrett.
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21 Vote: Motion carried 7-0
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23 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
24 Mike Healy; Gabe Kearney; Kathy Miller
25 No: None
26 Abstain: None
27 Absent: None
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29 5. NEW BUSINESS
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31 A. Resolution 2014-141 N.C.S. Authorizing the City Manager to Implement the City's
32 Water Shortage Contingency Plan, Stage I as Amended, as Mandated by the
33 State Water Resources Control Board within the Area Served by the City of
34 Petaluma Public Water System and Repeal and Replace Resolution No. 2014-045
35 N.C.S. (St. John/Walker)
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37 Director of Public Works and Utilities Dan St. John
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39 Vice Mayor Kearney
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41 Director St. John
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43 Vice Mayor Kearney
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45 Director St. John
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47 Council Member Harris
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49 City Attorney Donly
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51 Council Member Harris
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September 8, 2014
City Attorney Donly
Council Member Harris
Mayor Glass
Vice Mayor Kearney
City Manager Brown
Mayor Glass
Council Member Barrett
Director St. John
Council Member Barrett
Director St. John
Council Member Barrett
Director St. John
Mayor Glass
Director St. John
Mayor Glass
Director St. John
City Attorney Danly
Mayor Glass
Council Member Healy
Council Member Barrett
Director St. John
Mayor Glass opened Public Comment on Item S.A.
Vol. XX, Page 7
Jim Coney, president of a Homeowners' Association in Petaluma, explained that
AB 2100 prohibits HOAs from fining homeowners for allowing their lawns to turn
brown during this drought.
Katherine Bobrowski, Petaluma, asked if the restrictions would apply to businesses,
some of which leave their sprinklers running for hours.
City Attorney Donly
Vol. XX, Page 8
September 8, 2014
Mayor Glass
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item S.A.
Council Member Harris
Director St. John
Motion: Approve A. Resolution 2014-141 N.C.S. Authorizing the City Manager to
Implement the City's Water Shortage Contingency Plan, Stage 1 as Amended, as
Mandated by the State Water Resources Control Board within the Area Served by
the City of Petaluma Public Water System and Repeal and Replace Resolution No.
2014-045 N.C.S.
Motion by Kathy Miller, 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
B. Resolution 2014-142 N.C.S. Authorizing the City Manager to Execute a Professional
Services Agreement with Daily Acts for Ongoing Water Conservation and
Stormwater Pollution Prevention Education and Public Outreach Campaigns. (St.
John/Walker)
Director of Public Works and Utilities Dan St. John
Mayor Glass opened Public Comment on Item 5.B.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
5.B.
Motion: Approve B. Resolution 2014-142 N.C.S. Authorizing the City Manager to
Execute a Professional Services Agreement with Daily Acts for Ongoing Water
Conservation and Stormwater Pollution Prevention Education and Public Outreach
Campaigns.
Motion by Teresa Barrett, 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
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September 8, 2014
6. PUBLIC HEARINGS
Vol. XX, Page 9
A. Resolution 2014-143 N.C.S. Authorizing the Allocation of FY 2014-15 Supplemental
Law Enforcement Service Funds (SLESF) for the Computer Aided Dispatch/Records
Management System (CAD/RMS). (Mushallo)
City Manager Brown
Mayor Glass opened Public Comment on Item 6.A.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
6.A.
Motion: Approve A. Resolution 2014-143 N.C.S. Authorizing the Allocation of FY
2014-15 Supplemental Law Enforcement Service Funds (SLESF) for the Computer
Aided Dispatch/Records Management System (CAD/RMS).
Motion by Gabe Kearney, seconded by Chris Albertson.
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
B. Introduction (First Reading) of Ordinance 2510 N.C.S. Amending Chapter 20 of the
Implementing Zoning Ordinance (Sections 20.020, 20.050, 20.140, and 20.150) to
Allow Freeway Oriented Wall Signs as Part of a Master Sign Program for Retail
Shopping Centers with Highway 101 Frontage. (Hines) - Continued from the May
19, 2014 Regular City Council/PCDSA Meeting
Mayor Glass recused himself as he owns stock in McDonald's Restaurants, left the
dais.
Jackie Turner, AICP, LEED AP, Principal Planner
Council Member Healy
Ms. Turner
Council Member Barrett
Ms. Turner
Council Member Barrett
Ms. Turner
Vice Mayor Kearney
Vol. XX, Page 10 September 8, 2014
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Council Member Healy
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Ms. Turner
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Council Member Healy
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Vice Mayor Kearney
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Planning Manager Heather Hines
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Council Member Healy
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Council Member Albertson
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Ms. Turner
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Ms. Hines
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Council Member Albertson
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Ms. Turner
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Council Member Albertson
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Ms. Turner
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Ms. Hines
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Vice Mayor Kearney opened Public Comment on Item 6.B.
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Seeing no persons wishing to speak, Vice Mayor Kearney closed Public Comment
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on Item 6.B.
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Council Member Healy
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Council Member Barrett
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Council Member Healy
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Council Member Barrett
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Vice Mayor Kearney
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City Attorney Danly
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Ms. Hines
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City Attorney Donly
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Vice Mayor Kearney
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September 8, 2014
Ms. Hines
Ms. Turner
Council Member Barrett
Ms. Turner
Ms. Hines
City Attorney Danly
Council Member Healy
Council Member Harris
Council Member Healy
City Attorney Danly
Ms. Hines
Vol. XX, Page 11
Motion: Approve B. Introduction (First Reading) of Ordinance 2510 N.C.S.
Amending Chapter 20 of the Implementing Zoning Ordinance (Sections 20.020,
20.050, 20.140, and 20.150) to Allow Freeway Oriented Wall Signs as Part of a
Master Sign Program for Retail Shopping Centers with Highway 101 Frontage, with
amendment to Section 20.140(D) to insert a new Section 20.140(D) (5):
5. Freeway oriented signs shall only be considered for tenants
in retail shopping centers with a fogade that abuts the freeway
and under the following square footage thresholds and associated
maximum letter height:
a. 8,000 - 19,999 square foot tenant allowed a maximum letter
height of 18 inches
b. 20,000 square foot or larger tenant allowed a maximum letter
height of 24 inches
Only one freeway oriented sign may be allowed per tenant
meeting the above criteria.
Motion by Mike Healy, seconded by Mike Harris.
Vote: Motion carried 5-1
Yes:
Chris Albertson; Mike Harris; Mike Healy;
Gabe Kearney; Kathy Miller
No:
Teresa Barrett
Abstain:
David Glass
Absent:
None
Council Member Barrett
Vol. XX, Page 12 September 8, 2014
Mayor Glass returned to the dais.
C. Discussion and Direction on Rainier Crosstown Connector Draft Environmental
Impact Report. (Hines)
Olivia Ervin, Senior/Environmental Planner
Mayor Glass
Ms. Ervin
Mayor Glass
Council Member Healy
Mayor Glass
Council Member Barrett
Ms. Ervin
Mayor Glass
Ms. Hines
Vice Mayor Kearney
Council Member Healy
Mayor Glass
Ms. Ervin
Council Member Barrett
Council Member Albertson
Ms. Ervin
Mayor Glass
Mayor Glass opened Public Comment on Item 6.C.
Wayne Leach, CSW Stuber-Stroeh Engineering Group, Inc.,
Petaluma, representing Simon Premium Outlets, owners of the Petaluma Village
Premium Outlets, spoke regarding Parcels "B" to the south of the outlet mall, and
Parcel "C" to its north.
John Cheney, Petaluma, told Council he doesn't believe this Draft EIR is accurate
because of the flood control problems.
Mayor Glass
September 8, 2014
Vol. XX, Page 13
David Keller, Petaluma, Petaluma River Council, said this project would provide
access to properties which will come before Council for development, but fails to
include the traffic impacts induced by this project. He also told Council that the
project is "improperly segmented."
Mayor Glass
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item 6.C.
Council Member Barrett
Council Member Harris
Larry Zimmer, Capital Improvements Engineering Manager, Public Works and
Utilities Department
Mayor Glass
Council Member Healy
Mr. Zimmer
Council Member Albertson
Council Member Miller
Ms. Ervin
City Attorney Danly
Council Member Miller
Ms. Ervin
Council Member Miller
Council Member Barrett
City Attorney Danly
Council Member Barrett
City Attorney Danly
Vice Mayor Kearney
Council Member Healy
Council Member Barrett
Vol. XX, Page 14
September 8, 2014
1 Ms. Ervin
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3 Vice Mayor Kearney
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5 Motion: Direct staff to move forward with preparation of the Final Environmental
6 Impact Report (EIR) for the Rainier Crosstown Connector.
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8 Motion by Mike Healy, seconded by Gabe Kearney.
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10 Vote: Motion carried 7-0
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12 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
13 Mike Healy; Gabe Kearney; Kathy Miller
14 No: None
15 Abstain: None
16 Absent: None
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18 Mayor Glass
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20 COUNCIL COMMENT
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22 Council Member Harris
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24 Council Member Albertson
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26 Council Member Barrett
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28 City Attorney Danly
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30 Council Member Barrett
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32 Vice Mayor Kearney
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34 Council Member Healy
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36 Council Member Miller
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38 Mayor Glass
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40 ADJOURN
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42 The meeting was adjourned at 10:40 p.m.
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46 David Glass, Mayor
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48 ATTEST:
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52 Claire Cooper, CMC, City Clerk