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HomeMy WebLinkAboutCity Council/PCDSA Minutes 08/04/2014August 4, 2014 a�"L" � City of Petaluma, California O MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY l8ea 1 City Council/PCDSA Minutes 2 Monday, August 4, 2014 3 Regular Meeting 4 6 MONDAY, AUGUST 4, 2014 7 CLOSED SESSION - 5:45 P.M. 10 CALL TO ORDER - CLOSED SESSION 11 Vol. 47, Page 165 12 A. Roll Call 13 14 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; 15 Gabe Kearney; Kathy Miller 16 Absent: None 17 18 CLOSED SESSION • CONFERENCE WITH LABOR NEGOTIATORS: Agency designated representatives: Dianne Dinsmore and Scott Brodhun. Employee Organizations: AFSCME Units 1 - Confidential, 2 - Maintenance, 3 - Clerical/Technical; and, Petaluma Professionals and Mid Managers Association Units 4 - Professional, 9 - Mid Managers, and 1 1 - Confidential. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to paragraph )1) of subdivision (d) of California Government Code Section 54956.9: o Arbitration of David Sears Disciplinary Appeal, JAMS no. 1100077589 o Friends of Lafferty Park, of al., v. Pikochu II, LLC et al., Sonoma County Superior Court Case no. SCV- 253148 o Thompson v. City of Petaluma, Case no. A] 37981 in the Court of Appeal of the State of California, First Appellate District, Division 4 o D'Lil et al. v. City of Petaluma, Case no. CI I -CV -02088 -JCS, United States District Court, Northern District o Minick v. City of Petaluma, et al., Sonoma County Superior Court Case no. SCV-251915 City of Petaluma v. Anna Matosantos, et al., Case no. C075812, in the Court of Appeal of the State of California, Third Appellate District o Andrea D. Waters v. City of Petaluma Fire Department, U.S.E.E.O.0 Charge no. 5555-2014-00733 39 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION/LIABILITY CLAIMS: Significant exposure to 40 litigation pursuant of paragraph )2) of subdivision )d) of California Government Code Section 54956.9: 1 41 potential case: Liability claims pursuant to section 54956.95. Unemployment Insurance Claim of Andrea 42 D. Waters. Agency claimed against: City of Petaluma. 43 44 PUBLIC COMMENT ON CLOSED SESSION ITEMS 45 46 Mayor Glass opened Public Comment on CLOSED SESSION. 47 Vol. 47, Page 166 August 4, 2014 1 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED SESSION. 2 3 ADJOURN TO CLOSED SESSION 4 5 6 7 MONDAY, AUGUST 4, 2014 8 EVENING SESSION - 7:00 7:12 P.M. 9 10 11 CALL TO ORDER - EVENING SESSION 12 13 A. Roll Call 14 15 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; 16 Gabe Kearney; Kathy Miller 17 Absent: None 18 19 B. Pledge of Allegiance 20 21 Mayor Glass 22 23 C. Moment of Silence 24 25 Mayor Glass announced that the meeting would be adjourned in memory of James 26 Brady, former Press Secretary to President Ronald Reagan. 27 28 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) 29 30 Mayor Glass announced that Item 3.1) would be removed from tonight's agenda and 31 rescheduled for the October 6, 2014 Regular City Council/PCDSA Meeting. 32 33 Council Member Healy 34 35 Mayor Glass 36 37 Council Member Healy 38 39 Mayor Glass 40 41 Council Member Healy 42 43 City Clerk Cooper 44 45 City Attorney Danly 46 47 Mayor Glass 48 49 PRESENTATION 50 51 Citizen in Action Awards from Fire Department. (Schoch) 52 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 August 4, 2014 Fire Battalion Chief Jeff Schach GENERAL PUBLIC COMMENT Vol. 47, Page 167 Misty Rushing, O+ Festival ("O" Positive), Petaluma, spoke regarding the festival, which she described as a three-day festival of art, music, and wellness," which will come to Petaluma November 7 - 9, 2014. Joe Concra, Petaluma, O+ Festival ("O" Positive), Petaluma, also spoke about this festival. Joe McDonald, Icehouse Gallery, Petaluma, told Council about this new gallery, which is located in the Burdell Building, across the street from the Petaluma Arts Center. Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. COUNCIL COMMENT Council Member Harris Mayor Glass Council Member Albertson Council Member Barrett Vice Mayor Kearney Council Member Healy Council Member Miller Mayor Glass CITY MANAGER COMMENT None. REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) None. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, June 16, 2014. The Minutes of Regular City Council/PCDSA Meeting of Monday, June 16, 2014 were deemed approved as submitted. Vol. 47, Page 168 August 4, 2014 1 2. APPROVAL OF PROPOSED AGENDA 2 3 A. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday, 4 September 8, 2014. 5 6 Mayor Glass 7 8 Council Member Healy 9 10 Mayor Glass 11 12 City Attorney Danly 13 14 Mayor Glass 15 16 City Attorney Danly 17 18 Council Member Barrett 19 20 City Attorney Danly 21 22 Mayor Glass made a motion to Reconsider Resolution 2014-125 N.C.S., Resolution 23 2014-126 N.C.S., and Resolution 2014-127 N.C.S. 24 25 Council Member Barrett seconded the motion. 26 27 Mayor Glass 28 29 City Attorney Danly 30 31 Council Member Healy 32 33 Vice Mayor Kearney 34 35 Mayor Glass 36 37 Vice Mayor Kearney 38 39 City Attorney Danly 40 41 Planning Manager Heather Hines 42 43 City Clerk Cooper 44 45 City Attorney Danly 46 47 Mayor Glass 48 49 Ms. Hines 50 51 City Attorney Danly 52 August 4, 2014 Vice Mayor Kearney Ms. Hines City Attorney Danly Mayor Glass City Attorney Danly Mayor Glass Ms. Hines City Attorney Danly Ms. Hines Mayor Glass City Attorney Danly Council Member Albertson Ms. Hines City Attorney Danly Mayor Glass Vol. 47, Page 169 Mayor Glass amended his previous motion, moving to Reconsider Resolution 2014-127 N.C.S. Approving a 144 -lot Phased Tentative Subdivision Map for the Riverfront Mixed Use Project Located at 500 Hopper Street within the Boundaries of the Petaluma Central Petaluma Specific Plan. Council Member Barrett amended her second. Mayor Glass Council Member Healy City Manager Brown Council Member Healy Ms. Hines Motion: Approve Agenda for Regular City Council/PCDSA Meeting of Monday, September 8, 2014, as amended to include Item 3.1): Resolution Accepting Completion of the Petaluma Swim Center Energy Efficiency and Renewable Energy Project from tonight's agenda, and to include a vote on the Motion to Reconsider Resolution 2014-127 N.C.S. Approving a 144 -lot Phased Tentative Vol. 47, Page 170 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 August 4, 2014 Subdivision Map for the Riverfront Mixed Use Project Located at 500 Hopper Street within the Boundaries of the Petaluma Central Petaluma Specific Plan, which was adopted at the July 21, 2014 Regular City Council/PCDSA Meeting. Motion by Mike Healy, seconded by Mike Harris. Vote: Motion carried 6-1 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Kathy Miller No: Gabe Kearney Abstain: None Absent: None Council Member Miller 3. CONSENT CALENDAR A. Resolution 2014-128 N.C.S. Accepting Claims and Bills for June 2014. (Mushallo) B. Resolution 2014-129 N.C.S. Approving Application to the Federal Aviation Administration (FAA) for the Airport Improvement Program AIP 24 FY 13/14 Grant Funding and to the California Department of Transportation Caltrans Division of Aeronautics for a 5% Grant Match and Authorizing City Manager to Accept Grant Funding from Both Agencies and Execute All Grant Related Documents. (St. John/Olive) C. Resolution 2014-130 N.C.S. Authorizing Award of Contract for the Various Locations Rock Slope Protection Project. (St. John / Zimmer) D. Resol��+•�.,o.,-Accepting luras SwiM Seater Energy Efficiency and-Renewebie Energy Project. (St. John/Zimmer) - This item was removed from the agenda and rescheduled for the Monday, September 8, 2014 Regular City Council/PCDSA Meeting. E. Resolution 2014-131 N.C.S. Authorizing Award of Contract for the Petaluma Municipal Airport Runway 11-29 Pavement Improvements Project. (St. John/Zimmer) F. Update on Petaluma Public Art Committee's Upcoming Call for Artists/Request for Qualifications (RFQ) for Public Art Installation. (Hines) Mayor Glass opened Public Comment on the CONSENT CALENDAR. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on the CONSENT CALENDAR. Council Member Albertson Larry Zimmer, Capital Improvements Engineering Manager, Public Works and Utilities Department 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 Ell August 4, 2014 Council Member Albertson Mr. Zimmer Motion: Approve CONSENT CALENDAR items 3.A, 3.6, 3.C., 3.E, and 3.F. 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 UNFINISHED BUSINESS Vol. 47, Page 171 A. Adoption (Second Reading) of Ordinance 2508 N.C.S. to Approve a Zoning Map Amendment to Rezone the Property Located at 500 Hopper Street from Conceptual Area Boundary Zoning Urban Center (T-5), Urban Core (T-6) and Civic Space (CS) to General Urban (7-4), Urban Center (T-5), Urban Core (T-6) and Civic Space (CS) for the Riverfront Mixed Use Development Project. (Hines) Mayor Glass Planning Manager Heather Hines Mayor Glass opened Public Comment on Item 4.A. Kim Arfsten, Petaluma, said that new construction takes a huge amount of water. She told Council, "You can't build projects for people who aren't here when we don't have enough water for people who already are here." Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 4.A. Motion: Approve A. Adoption (Second Reading) of Ordinance 2508 N.C.S. to Approve a Zoning Map Amendment to Rezone the Property Located at 500 Hopper Street from Conceptual Area Boundary Zoning Urban Center (T-5), Urban Core (T-6) and Civic Space (CS) to General Urban (T-4), Urban Center (T-5), Urban Core (T-6) and Civic Space (CS) for the Riverfront Mixed Use Development Project. Motion by Mike Healy, seconded by Kathy Miller. Vote: Motion carried 5-2 Yes: Chris Albertson; Mike Harris; Mike Healy; Gabe Kearney; Kathy Miller No: Teresa Barrett; David Glass Abstain: None Vol. 47, Page 172 August 4, 2014 1 Absent: None 3 B. Adoption (Second Reading) of Ordinance 2507 N.C.S. of the City of Petaluma on 4 the Subject of a 1% Transactions and Use Tax Applicable in the City of Petaluma: 5 Ordering the Submission of the Transactions and Use Tax to the Qualified Electors 6 of the City at the General Municipal Election to be Held on Tuesday, November 4, 7 2014; Approving the Ordinance in Accordance with Revenue and Taxation Code 8 Section 7285.9; Requesting the Sonoma County Board of Supervisors to 9 Consolidate Said Election with the November 4, 2014 Statewide General Election; 10 and Providing for Submission of Ballot Arguments and Rebuttals. (Brown) 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 City Manager Brown Mayor Glass opened Public Comment on Item 4.B. Kim Arfsten, Petaluma, asked if sales tax measure would guarantee streets would be repaired and Rainier would finally be built. Richard Brawn, Petaluma, said he is opposed to the sales tax measure and will be writing an argument against it. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 4.B. Motion: Approve Adoption (Second Reading) of Ordinance 2507 N.C.S. of the City of Petaluma on the Subject of a 1% Transactions and Use Tax Applicable in the City of Petaluma: Ordering the Submission of the Transactions and Use Tax to the Qualified Electors of the City at the General Municipal Election to be Held on Tuesday, November 4, 2014; Approving the Ordinance in Accordance with Revenue and Taxation Code Section 7285.9; Requesting the Sonoma County Board of Supervisors to Consolidate Said Election with the November 4, 2014 Statewide General Election; and Providing for Submission of Ballot Arguments and Rebuttals. Motion by Gabe Kearney, seconded by Mike Healy. Vote: Motion carried 5-2 Yes: No: Abstain: Absent: 5. NEW BUSINESS Chris Albertson; Mike Harris; Mike Healy; Gabe Kearney; Kathy Miller Teresa Barrett; David Glass None None A. City Council Consideration and Adoption of Resolution 2014-132 N.C.S. Providing Direction Regarding Submission of a Ballot Argument for and a Rebuttal Argument Regarding a Ballot Measure on a 1%Transactions and Use Tax Applicable in the City of Petaluma to be Submitted to the Qualified Electors of the City at the November 4, 2014 Statewide General Election. (Donly) August 4, 2014 City Attorney Danly Council Member Healy Council Member Harris Vice Mayor Kearney Council Member Miller Council Member Albertson Vol. 47, Page 173 Council Member Healy City Attorney Danly Council Member Healy City Attorney Danly Mayor Glass opened Public Comment on Item S.A. Richard Brawn, Petaluma, said he didn't understand how a City employee could write an unbiased analysis. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item S.A. City Attorney Danly Council Member Barrett City Attorney Donly Mayor Glass Motion: Approve A. Resolution 2014-132 N.C.S. Providing Direction Regarding Submission of a Ballot Argument for and a Rebuttal Argument Regarding a Ballot Measure on a 1% Transactions and Use Tax Applicable in the City of Petaluma to be Submitted to the Qualified Electors of the City at the November 4, 2014 Statewide General Election, with Council Members Healy and Miller and Vice Mayor Kearney to prepare, sign, and file the ballot argument in favor of the measure; and Council Members Healy, Albertson, and Harris to prepare, sign, and file the rebuttal to any argument filed against the tax measure. Motion by Mike Healy, 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 Vol. 47, Page 174 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 6. August 4, 2014 Abstain: None Absent: None Mayor Glass Council Member Healy Vice Mayor Kearney City Attorney Danly B. Resolution 2014-133 N.C.S. Approving Fourth Amendment to the Agreement for Employment of the City Clerk. (Brown) Mayor Glass opened Public Comment on Item S.B. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item S.B. Motion: Approve B. Resolution 2014-133 N.C.S. Approving Fourth Amendment to the Agreement for Employment of the City Clerk. 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 PUBLIC HEARING A. Resolution 2014-134 N.C.S. Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Addison Ranch Apartment Complex and Introduction (First Reading) of Ordinance 2509 N.C.S. to Approve a Zoning Map Amendment to Rezone the Property Located at 200 Greenbriar Circle from Planned Unit Development (PUD) to R-4. (Hines) Elizabeth Jonckheer, Senior Planner Council Member Healy Ms. Jonckheer Mayor Glass Ms. Jonckheer Mayor Glass 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 August 4, 2014 Vol. 47, Page 175 Council Member Barrett Ms. Jonckheer Council Member Barrett Planning Manager Heather Hines Ms. Jonckheer Vice Mayor Kearney Ms. Jonckheer Vice Mayor Kearney Ms. Jonckheer Council Member Barrett Ms. Jonckheer Council Member Barrett Ms. Jonckheer Mayor Glass Ms. Hines Sid Paul, Ezrolow Company, Managing member of Addison Ranch LLC, Applicant Council Member Barrett Mr. Paul Council Member Barrett Mr. Paul Council Member Healy Mr. Paul Vice Mayor Kearney Mr. Paul Vice Mayor Kearney Mr. Paul Vol. 47, Page 176 August 4, 2014 Mayor Glass Mr. Paul Council Member Albertson Mr. Paul City Engineer Curt Bates Mayor Glass Mr. Bates Council Member Healy Mr. Bates Council Member Healy Mr. Paul Mayor Glass Mr. Paul Mayor Glass Mr. Paul Mayor Glass City Attorney Danly Ms. Hines Mayor Glass opened Public Comment on Item 6.A. Mary Roybal, Petaluma, ceded time by Richard Roybal, Petaluma, told Council she is still most concerned with privacy issues in the development, as the building will be so close to her home. She said she is also concerned with the amount of open space that will be lost to this development. Richard Roybal, Petaluma, thanked everyone for their efforts, and spoke about the big changes this project will make to the entire area. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 6.A. Ms. Hines Vice Mayor Kearney 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 August 4, 2014 Council Member Healy Mayor Glass Council Member Barrett Mayor Glass Council Member Healy Ms. Hines Council Member Miller Mayor Glass Council Member Miller Vice Mayor Kearney Mayor Glass Council Member Miller City Attorney Danly Mayor Glass City Attorney Danly Mayor Glass City Attorney Donly Mr. Paul Council Member Albertson Ms. Hines Council Member Albertson Ms. Hines Council Member Albertson Ms. Hines Council Member Albertson Council Member Healy Vol. 47, Page 177 Vol. 47, Page 178 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 August 4, 2014 City Attorney Danly Council Member Healy Mayor Glass Council Member Healy Ms. Hines Council Member Healy City Attorney Donly Vice Mayor Kearney Council Member Healy Motion: Approve A. Resolution 2014-134 N.C.S. Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Addison Ranch Apartment Complex. Motion by Mike Healy, seconded by Gabe Kearney. Vote: Motion carried 6-1 Yes: Chris Albertson; Teresa Barrett; Mike Harris; Mike Healy; Gabe Kearney; Kathy Miller No: David Glass Abstain: None Absent: None Motion: Approve A. Introduction (First Reading) of Ordinance 2509 N.C.S. to Approve a Zoning Map Amendment to Rezone the Property Located at 200 Greenbriar Circle from Planned Unit Development (PUD) to R-4. Motion by Mike Healy, seconded by Kathy Miller. Vote: Motion carried 6-1 Yes: Chris Albertson; Teresa Barrett; Mike Harris; Mike Healy; Gabe Kearney; Kathy Miller No: David Glass Abstain: None Absent: None Mayor Glass ADJOURN Motion: Adjourn the meeting. 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 August 4, 2014 Motion by Gabe Kearney, seconded by David Glass. 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 179 The meeting was adjourned at 10:05 p.m. in memory of James Brady, former Press Secretary to President Ronald Reagan. ATTEST: Claire Cooper, CMC, City Cler avid Glass, Mayor