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HomeMy WebLinkAboutCity Council/PCDSA Minutes 07/20/2015July 20, 2015 T, City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY zg5$ 1 City Council /PCDSA Minutes 2 Monday, July 20, 2015 3 Regular Meeting 4 6 MONDAY, JULY 20, 2015 7 CLOSED SESSION - 5:30 P.M. 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 CALL TO ORDER - CLOSED SESSION A. ROLL CALL Vol. 47, Page 437 Present: Chris Albertson; Mike Healy; Gabe Kearney; Dave King Absent: Teresa Barrett; David Glass; Kathy Miller (Ali arrived during CLOSED SESSION) CLOSED SESSION • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: Friends of Lafferty Park, Bill Kortum, Larry Modell, Bruce Hagen, Matt Maguire, David Keller and Mary Fuller McChesney v. Pikachu 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 LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9: Hollyn D'Lil and Richard Skaff v. City of Petaluma, et al., United States District Court, Northern District of California, No. 3:1 1 -CV- 02088 -JCS. • 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. • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Paragraph (1) of Subdivision (b) of California Government Code Section 54957. Title: City Attorney. • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d) of California Government Code Section 54956.9: Barry London v. City of Petaluma and Does 1 to 100, Sonoma County Superior Court Action No. SCV- 255488. - Added with Agenda Revision No. l - Thursday, July 16, 2015. PUBLIC COMMENT ON CLOSED SESSION ITEMS Council Member Healy opened Public Comment on CLOSED SESSION items. Vol. 47, Page 438 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 53 July 20, 2015 Seeing no persons wishing to speak, Council Member Healy closed Public Comment on CLOSED SESSION items. ADJOURN TO CLOSED SESSION MONDAY, JULY 20, 2015 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION A. ROLL CALL Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Absent: None B. PLEDGE OF ALLEGIANCE Mayor Glass C. MOMENT OF SILENCE AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) Mayor Glass announced that COUNCIL COMMENT and CITY MANAGER COMMENT would be moved the end of the agenda; Item 6.A would be heard next, and Council Member King would recuse himself for the item as his personal residence was within 500 feet of the properties included in the item. Council Member King recused himself and left the dais. 6. PUBLIC HEARINGS A. Resolution 2015 -105 N.C.S. Ordering Abatement of Nuisances Consisting of Weeds Growing Upon Public and Private Property in the City of Petaluma and Ordering the Fire Department to Abate Said Weeds by Contract if Property Owners Fail To Do So. (Fergus) 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 2015 -105 N.C.S. Ordering Abatement of Nuisances Consisting of Weeds Growing Upon Public and Private Property in the City of Petaluma and Ordering the Fire Department to Abate Said Weeds by Contract if Property Owners Fail To Do So. Motion by Kathy Miller, seconded by Chris Albertson. 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 July 20, 2015 Vote: Motion carried 6 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Kathy Miller No: None Abstain: Dave King Absent: None Council Member King returned to the dais. PRESENTATION • Youth Commission End -of -Year Report Mayor Glass Council Member Kearney Jeanette Jin, 2014 -2015 Youth Chair, Youth Commission Tessa Hughes, 2015 -2016 Youth Chair, Youth Commission Ms. Jin Ms. Hughes GENERAL PUBLIC COMMENT Vol. 47, Page 439 Mayor Glass opened GENERAL PUBLIC COMMENT. Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. Seeing no other persons wishing to speak, Mayor Glass closed GENERAL PUBLIC COMMENT. REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) None. 1. APPROVAL OF MINUTES A. Approval of Minutes of Special City Council /PCDSA Workshop Meeting of Tuesday, June 30, 2015. Minutes of Special City Council /PCDSA Workshop Meeting of Tuesday, June 30, 2015 were deemed approved as submitted. 2. APPROVAL OF PROPOSED AGENDA A. Approval of Agenda for Regular City Council /PCDSA Meeting of Monday, August 3, 2015. Mayor Glass Vol. 47, Page 440 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 July 20, 2015 Motion: Approve A. Agenda for Regular City Council /PCDSA Meeting of Monday, August 3, 2015, as presented. Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None 3. CONSENT CALENDAR A. Resolution 2015 -106 N.C.S. Accepting Completion of the Petaluma Community Sports Fields Phase 1 Project. (St. John /Zimmer) B. Resolution 2015 -107 N.C.S. Approving the Final Subdivision Map for the Avila Ranch Subdivision Project Located at 511 Sonoma Mountain Parkway, APN: 149- 413 -023. (St. John /Bates) C. Resolution 2015 -108 N.C.S. Amending the Classification and Compensation Plan by Revising the Job Description for Director of Human Resources. (Brown/ Dinsmore) D. Resolution 2015 -109 N.C.S. Authorizing the Position Allocation of Secretary Confidential in the City Clerk Department. (Brown) E. Resolution 2015 -110 N.C.S. Revising the Temporary Assignment Pay Policy to Include Petaluma Professional and Mid - Managers Association Unit 11 (Confidential). (Dinsmore) F. Resolution 2015 -111 N.C.S. Adopting the City of Petaluma Paid Sick Leave Policy Implementing the Healthy Workplace Healthy Family Act of 2014. (Dinsmore) Mayor Glass opened Public Comment on the CONSENT CALENDAR. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on the CONSENT CALENDAR. Motion: Approve CONSENT CALENDAR Items 3.A, 3.11, 3.C, 3.1), 3.E, and 3.F. Motion by Kathy Miller, seconded by Teresa Barrett. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None 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 4. 5. July 20, 2015 Absent: None Council Member King City Manager Brown Council Member King UNFINISHED BUSINESS Vol. 47, Page 441 A. Adoption (Second Reading) of Ordinance 2546 N.C.S. Amending Water Conservation and Stormwater Management and Pollution Control Regulations Contained in Sections 15.17.020, 15.17.050, 15.80.040, 15.80.070, 15.80.100, 15.80.140, 15.80.150, 15.80.190, 15.80.200, and 15.80.230 of the Petaluma Municipal Code to Comply with State Requirements in the City of Petaluma's Stormwater Permit. (St. John /Walker) Mayor Glass opened Public Comment on Item 4.A. Katherine Bobrowski, Petaluma, spoke of sanitation concerns. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 4.A. Council Member Albertson Motion: Approve A. Adoption (Second Reading) of Ordinance 2546 N.C.S. Amending Water Conservation and Stormwater Management and Pollution Control Regulations Contained in Sections 15.17.020, 15.17.050, 15.80.040, 15.80.070, 15.80.100, 15.80.140, 15.80.150, 15.80.190, 15.80.200, and 15.80.230 of the Petaluma Municipal Code to Comply with State Requirements in the City of Petaluma's Stormwater Permit. Motion by Chris Albertson, seconded by Gabe Kearney. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None NEW BUSINESS A. Resolution 2015 -112 N.C.S. Authorizing Award of Contract for the East Washington Street Water Main Replacement (McDowell Boulevard to Sutter Street) Project to Argonaut Constructors. (St. John /Zimmer) Director of Public Works and Utilities Dan St. John Council Member Kearney Vol. 47, Page 442 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 Q July 20, 2015 Director St. John Vice Mayor Miller Director St. John Mayor Glass opened Public Comment on Item 5.A. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 5.A. Motion: Approve A. Resolution 2015 -112 N.C.S. Authorizing Award of Contract for the East Washington Street Water Main Replacement (McDowell Boulevard to Sutter Street) Project to Argonaut Constructors. Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None Resolution 2015 -113 N.C.S. Authorizing Award of Contract for the East Washington Park Multi -Use Pathway Project to Team Ghilotti, Inc. (St. John /Zimmer) Director of Public Works and Utilities Dan St. John Mayor Glass Council Member Albertson Director St. John Council Member Albertson Director St. John Vice Mayor Miller Council Member Albertson Director St. John Council Member Albertson Director St. John Mayor Glass opened Public Comment on Item S.B. 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 July 20, 2015 Vol. 47, Page 443 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item S.B. Motion: Approve B. Resolution 2015 -113 N.C.S. Authorizing Award of Contract for the East Washington Park Multi -Use Pathway Project to Team Ghilotti, Inc. Motion by Kathy Miller, seconded by Dave King. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None C. Resolution 2015 -114 N.C.S. Authorizing Award of Contract for the Water Service Replacement 2015 -2016 Project to W.R. Forde Associates. (St. John /Zimmer) Director of Public Works and Utilities Dan St. John Mayor Glass Director St. John Mayor Glass opened Public Comment on Item S.C. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item S.B. Motion: Approve C. Resolution 2015 -114 N.C.S. Authorizing Award of Contract for the Water Service Replacement 2015 -2016 Project to W.R. Forde Associates. Motion by Teresa Barrett, seconded by Chris Albertson. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None D. Public Meeting to Hear Testimony Regarding the Annual Assessments for the Landscape Assessment Districts and Adopt: Resolution 2015 -115A N.C.S. - Resolution 2015 -115C N.C.S. Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2015 -2016 Annual Assessment for Landscape Assessment Districts; Resolution 2015 -116A N.C.S. - Resolution 2015 -116C N.C.S. of Preliminary Approval of Engineer's Report for Landscape Assessment Districts, Fiscal Year 2015 -2016; and Resolution 2015 -117A N.C.S. - Resolution 2015 -117C N.C.S. Setting a Public Hearing to Order the Levy and Collection of Assessments Vol. 47, Page 444 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 July 20, 2015 Pursuant to the Landscaping and Lighting Act of 1972 for Landscape Assessment Districts, Fiscal Year 2015 -2016. (St. John /DeNicola) Director of Public Works and Utilities Dan St. John Parks and Facilities Maintenance Manager Ron De Nicola Mayor Glass Council Member Kearney Mayor Glass Mayor Glass opened Public Comment on Item S.D. Frauka, Petaluma, had questions about tree roots lifting the sidewalk. Mayor Glass City Manager Brown Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item S.D. Council Member Albertson recused himself and left the dais. Motion: Approve D. Resolution 2015 -115A N.C.S. Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2015 -2016 Annual Assessment for Landscape Assessment Districts; Resolution 2015 -116A N.C.S. of Preliminary Approval of Engineer's Report for Landscape Assessment Districts, Fiscal Year 2015 -2016; and Resolution 2015 -117A N.C.S. Setting a Public Hearing to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Landscape Assessment Districts, Fiscal Year 2015- 2016, for the following landscape assessment districts: LAD # LAD Name 14 Country Club Estates 46 Riverview Motion by Mike Healy, seconded by Gabe Kearney. Vote: Motion carried 6 -0 Yes: Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: Chris Albertson Absent: None Council Member Albertson returned to the dais. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 July 20, 2015 Vice Mayor Miller recused herself and left the dais. Vol. 47, Page 445 Motion: Approve D. Resolution 2015 -115B N.C.S. Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2015 -2016 Annual Assessment for Landscape Assessment Districts; Resolution 2015 -116B N.C.S. of Preliminary Approval of Engineer's Report for Landscape Assessment Districts, Fiscal Year 2015 -2016; and Resolution 2015 -117B N.C.S. Setting a Public Hearing to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972 for Landscape Assessment Districts, Fiscal Year 2015 -2016, for the following landscape assessment districts: LAD # LAD Name 4 Village East 6 Shelter Hills 35 Cross Creek I and II Motion by Mike Healy, seconded by Gabe Kearney. Vote: Motion carried 6 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King No: None Abstain: Kathy Miller Absent: None Vice Mayor Miller returned to the dais. 26 Motion: Approve D. Resolution 2015 -115C N.C.S. Describing Improvements and 27 Directing Preparation of Engineer's Report for Fiscal Year 2015 -2016 Annual 28 Assessment for Landscape Assessment Districts; Resolution 2015 -116C N.C.S. of 29 Preliminary Approval of Engineer's Report for Landscape Assessment Districts, 30 Fiscal Year 2015 -2016; and Resolution 2015 -117C N.C.S. Setting a Public Hearing 31 to Order the Levy and Collection of Assessments Pursuant to the Landscaping 32 and Lighting Act of 1972 for Landscape Assessment Districts, Fiscal Year 2015- 33 2016, for the following landscape assessment districts: 34 Meadow Park LAD # LAD Name LAD # LAD Name 1 Casa Del Oro 26 Graystone Creek 2 Sycamore Heights 27 Americana 3 Village Meadows 29 Liberty Farms 7 Meadow Park 31 Wisteria 8 Anna's Meadows 28 Kingsfield 10 St. James Estates 33 Woodside Village 11 Park Place 5 34 Magnolia Terrace 12 Glenbrook 36 Westview Estates Vol. 47, Page 446 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 6. July 20, 2015 LAD # LAD Name LAD # LAD Name 13 Fairway Meadows 37 Willow Glen 15 Sonoma Glen North 38 Stoneridge 16 Mountain Valley 39 Lansdowne 17 Kingsmill 40 Twin Creeks 18 Cader Farms 41 McNear Landing 19 Cader Highlands 42 Turnbridge 20 Corona Ranch 43 Washington Creek Village 21 Crane Glen 44 Stratford Village 22 Westridge Knolls 45 Southgate 23 Tatum 47 Hillview Oaks 24 Judith Court Motion by Mike Healy, seconded by Gabe Kearney. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None PUBLIC HEARINGS, continued B. Introduction (First Reading) of Ordinance 2547 N.C.S. Amending the Text of the Implementing Zoning Ordinance Sections 4.030, 7.110, and 27.020, Ordinance No. 2300 N.C.S., and the Smartcode, Ordinance No. 2470 N.C.S, Sections 3.1 and 9.10.010 to Allow Short -Term Vacation Rentals in Residential and Mixed Use Zones and Resolution 2015 -118 N.C.S.to Update the Schedule of Penalties for Municipal Code Violations. (Alverde) - Continued from the June 1, 2015 Regular City Council /PCDSA Meeting. Redevelopment /Economic Development Manager Ingrid Alverde Mayor Glass Council Member Barrett Ms. Alverde Council Member Healy Ms. Alverde Contract Planning Manager Heather Hines 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 July 20, 2015 Council Member Healy Ms. Hines Council Member Barrett Ms. Alverde Council Member Barrett Council Member Kearney Ms. Alverde Vol. 47, Page 447 Council Member Kearney Mayor Glass opened Public Comment on Item 4.A. Nancy Sasser, Petaluma, spoke in opposition to allowing short -term rentals. Michael Kraus, Petaluma, spoke in opposition to allowing short -term rentals. Margarethe Kircher, Petaluma, spoke in support of allowing short -term rentals. Frauka, Air Bnb Host, Petaluma, spoke regarding parking and in support of allowing short -term rentals. Maurice Bowers, Air Bnb Host, Petaluma, spoke regarding transient occupancy tax, and in support of allowing short -term rentals. Naomi Richman, Petaluma, spoke regarding parking and in support of allowing short -term rentals. Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 4.B. Ms. Alverde Mayor Glass Council Member Healy Ms. Alverde Mayor Glass City Manager Brown Vol. 47, Page 448 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 July 20, 2015 Mayor Glass Council Member Healy Ms. Alverde Council Member Barrett Ms. Alverde City Attorney Danly Ms. Alverde Mayor Glass Council Member Albertson Council Member Healy Motion: Approve B. Introduction (First Reading) of Ordinance 2547 N.C.S. Amending the Text of the Implementing Zoning Ordinance Sections 4.030, 7.110, and 27.020, Ordinance No. 2300 N.C.S., and the Smartcode, Ordinance No. 2470 N.C.S, Sections 3.1 and 9.10.010 to Allow Short -Term Vacation Rentals in Residential and Mixed Use Zones and Resolution 2015 -118 N.C.S.to Update the Schedule of Penalties for Municipal Code Violations. Motion by Mike Healy, seconded by Kathy Miller. Vote: Motion carried 6 -1 Yes: Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: Chris Albertson Abstain: None Absent: None Vice Mayor Miller Council Member Kearney Council Member King Council Member Barrett Mayor Glass COUNCIL COMMENT Mayor Glass Council Member Albertson 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 Vice Mayor Miller Council Member Kearney Council Member King Council Member Barrett Mayor Glass CITY MANAGER COMMENT City Manager Brown ADJOURN The meeting was adjourned at 8:30 p.m. ATTEST: Claire Cooper, City Clerk July 20, 2015 David Glass, Mayor Vol. 47, Page 449