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HomeMy WebLinkAboutCity Council/PCDSA Minutes 11/02/2015November 2, 2015 T, U City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY j85$ 1 City Council /PCDSA Minutes 2 Monday, November 2, 2015 3 Regular Meeting 4 5 6 7 MONDAY, NOVEMBER 2, 2015 8 CLOSED SESSION - 5:30 P.M. 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 CALL TO ORDER - CLOSED SESSION A. ROLL CALL Vol. 48, Page 21 Present: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Absent: Teresa Barrett CLOSED SESSION • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6. Agency Designated Representatives: Scott Brodhun, and Dianne Dinsmore. International Association of Firefighters Local, 1415 Unit 7 - Fire; and, Petaluma Public Safety Mid - Management Association Unit 10 - Public Safety Mid - Managers. • 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: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: Spivak v. SMART, Sonoma County Superior Court Case No. SCV- 255260. • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9: One potential case. • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Paragraph (1) of Subdivision (b) of California Government Code Section 54957. Title: City Attorney. PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Glass opened Public Comment on CLOSED SESSION items. Vol. 48, Page 22 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 November 2, 2015 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED SESSION items. ADJOURN TO CLOSED SESSION MONDAY, NOVEMBER 2, 2015 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION A. ROLL CALL Present: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Absent: Teresa Barrett B. PLEDGE OF ALLEGIANCE Members of Petaluma Adult School Citizenship Class C. MOMENT OF SILENCE AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) • Request from Vice Mayor Miller and Council Members Healy and Kearney to place an item on the current agenda for discussion and possible direction to staff: Discussion and Possible Direction on Revisions to the Traffic Mitigation Fee Program to Consider Inclusion of Land Acquisition Costs for the Rainier Cross -Town Connector and Interchange Project and for SMART Station Improvements for the Future Corona Road SMART Station. (Brown) - Added with Agenda Revision No. 1 - Thursday, October 29, 2015. Motion: Approve Request from Vice Mayor Miller and Council Members Healy and Kearney to place an item on the current agenda for discussion and possible direction to staff: Discussion and Possible Direction on Revisions to the Traffic Mitigation Fee Program to Consider Inclusion of Land Acquisition Costs for the Rainier Cross -Town Connector and Interchange Project and for SMART Station Improvements for the Future Corona Road SMART Station, as the last item on tonight's agenda prior to Council's return to CLOSED SESSION. Motion by Mike Healy, seconded by Kathy Miller. Vote: Motion carried 6 -0 Yes: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: Teresa Barrett 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 November 2, 2015 Item 5.13 was heard next: 5. PUBLIC HEARINGS Vol. 48, Page 23 B. Public Hearing and Resolution 2015 -165 N.C.S. Confirming the Cost of Abatement of Weeds and Confirming Approval of the Forwarding of Unpaid Bills to the County Assessor's Office for Collection as Assessments. (Fergus) Council Member King recused himself and left the dais as he lives within 500' of one of the parcels. Mayor Glass opened Public Comment on Item S.B. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 5.B. Motion: Approve B. Resolution 2015 -165 N.C.S. Confirming the Cost of Abatement of Weeds and Confirming Approval of the Forwarding of Unpaid Bills to the County Assessor's Office for Collection as Assessments. Motion by Mike Healy, seconded by Gabe Kearney. Vote: Motion carried 5 -0 Yes: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Kathy Miller No: None Abstain: Dave King Absent: Teresa Barrett Council Member King returned to the dais. PRESENTATION • Presentation of the Certificate of Achievement for Excellence in Financial Reporting Award. Finance Director Bill Mushallo Mayor Glass GENERAL PUBLIC COMMENT Mayor Glass Ignacio Romo and Maria Guerrero, from Mexico and Columbia, both students in the Petaluma Adult School Citizenship Class, spoke about why they wanted to become U.S. Citizens. Paul Clary, Petaluma Gap Winegrowers Alliance, spoke in favor of winery home occupation and showcasing Petaluma wines downtown. Kamari Sivadas, Sebastopol, Sonoma Alliance for Medical Marijuana, would like to be involved in developing the medical marijuana ordinance. Vol. 48, Page 24 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 November 2, 2015 Mary Pat Jacobs, Jenner, Sonoma Alliance for Medical Marijuana, feels that Petaluma's marijuana ordinance can be nuisance abated like Sebastopol's ordinance. Mayor Glass Janice Cader- Thompson, Petaluma, spoke about issues with traffic in Petaluma at Lakeville and D Streets. REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) City Attorney Danly stated that there was no required reportable action out of CLOSED SESSION, but that Council had directed staff to prepare a packet of legislation for Traffic Mitigation Fees for the December 7, 2015 City Council Meeting. CITY MANAGER COMMENT City Manager Brown Mayor Glass City Manager Brown Council Member Albertson City Manager Brown 1. APPROVAL OF MINUTES A. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, August 3, 2015. B. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, September 14, 2015. C. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, September 21, 2015. D. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, October 5, 2015. E. Approval of Minutes of Special City Council /PCDSA Meeting of Monday, October 19, 2015. Council Member Healy Mayor Glass Item 1.A (Minutes of August 3, 2015) was deemed approved as corrected on page 4 under GENERAL PUBLIC COMMENT to state that Janice Cader- Thompson alleged that Vice Mayor Miller voted at the SCTA meeting in favor of toll roads for Highway 101. Items 1.13, 1.C, 1.D, and 1.E were deemed approved as presented. 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 2. 3. November 2, 2015 Vol. 48, Page 25 APPROVAL OF PROPOSED AGENDA A. Approval of Agenda for Regular City Council /PCDSA Meeting of Monday, November 16, 2015. Motion: Approve A. Agenda for Regular City Council /PCDSA Meeting of Monday, November 16, 2015, as presented. Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 6 -0 Yes: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: Teresa Barrett CONSENT CALENDAR A. Resolution 2015 -166 N.C.S. Approving Claims and Bills for September 2015. (Mushallo) B. Resolution 2015 -167 N.C.S. Adopting Comparable Agencies for the Petaluma Professional and Mid - Managers Association Representing Employees of Unit 4 (Professional), Unit 9 (Mid- Managers), and Unit 11 (Confidential) Pursuant to the Terms of the Memoranda of Understanding of July 1, 2014 through June 30, 2016 Between the City of Petaluma and the Petaluma Professional and Mid - Managers Association. (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 and 3.8. Motion by Kathy Miller, seconded by Gabe Kearney. Council Member Albertson City Manager Brown Council Member Albertson Vote: Motion carried 6 -0 Yes: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: Teresa Barrett Vol. 48, Page 26 November 2, 2015 1 4. NEW BUSINESS 2 3 A. Introduction and Adoption of Urgency Ordinances: Ordinance 2556 N.C.S. - 4 Ordinance 2560 N.C.S. Amending Ordinances 2536, 2537, 2538, 2539 and 2540 5 N.C.S. to Change Certain Appropriations for the Operations of the City of 6 Petaluma from July 1, 2015 to June 30, 2016 and Declaring the Urgency Thereof, 7 to Take Effect Immediately. Resolution 2015 -168 N.C.S. Committing Reserve Funds 8 for Specific Uses. (Mushallo) 9 10 Finance Director Bill Mushallo 11 12 Mayor Glass opened Public Comment on Item 4.A. 13 14 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 15 4.A. 16 17 Motion: Approve A. Introduction and Adoption of Ordinance 2556 N.C.S. (General 18 Fund); Ordinance 2557 N.C.S. (Enterprise Funds); Ordinance 2558 N.C.S. (Internal 19 Service Funds); Ordinance 2559 N.C.S. (Special Revenue Funds); and Ordinance 20 2560 N.C.S. (Capital Project Funds) Amending Ordinances 2536, 2537, 2538, 2539 21 and 2540 N.C.S. to Change Certain Appropriations for the Operations of the City 22 of Petaluma from July 1, 2015 to June 30, 2016 and Declaring the Urgency 23 Thereof, to Take Effect Immediately; and Resolution 2015 -168 N.C.S. Committing 24 Reserve Funds for Specific Uses. 25 26 Motion by Gabe Kearney, seconded by Mike Healy. 27 28 Vote: Motion carried 6 -0 29 30 Yes: Chris Albertson; David Glass; Mike Healy; 31 Gabe Kearney; Dave King; Kathy Miller 32 No: None 33 Abstain: None 34 Absent: Teresa Barrett 35 36 B. Resolution 2015 -169 N.C.S. Amending the Classification and Compensation Plan 37 by Establishing the Classification and Pay Range of Utility Services Crew 38 Foreworker and Authorizing the Position Allocation of One Utility Services Crew 39 Foreworker. (St. John /Dinsmore) 40 41 Director of Public Works and Utilities Dan St. John 42 43 Mayor Glass opened Public Comment on Item 4.B. 44 45 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 46 4.B. 47 48 Motion: Approve B. Resolution 2015 -169 N.C.S. Amending the Classification and 49 Compensation Plan by Establishing the Classification and Pay Range of Utility 50 Services Crew Foreworker and Authorizing the Position Allocation of One Utility 51 Services Crew Foreworker. 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 November 2, 2015 Vol. 48, Page 27 Motion by Gabe Kearney, seconded by Chris Albertson. Council Member Albertson Director St. John Council Member Albertson Council Member Kearney Vote: Motion carried 6 -0 Yes: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: Teresa Barrett Discussion of the Sustainable Groundwater Management Act and Groundwater Sustainability Agency Formation. (St. John /Walker) Director of Public Works and Utilities Dan St. John Council Member Healy Director St. John Council Member Kearney Director St. John Council Member Kearney Director St. John Council Member Albertson Director St. John Mayor Glass Council Member Healy Director St. John Vice Mayor Miller Director St. John Council Member Kearney Director St. John Vol. 48, Page 28 November 2, 2015 1 2 Council Member Kearney 3 4 Mayor Glass 5 6 Council Member King 7 8 Council Member Kearney 9 10 Director St. John 11 12 City Attorney Danly 13 14 Director St. John 15 16 Vice Mayor Miller 17 18 Director St. John 19 20 City Attorney Danly 21 22 Mayor Glass 23 24 Council Member Albertson 25 26 Director St. John 27 28 Council Member Albertson 29 30 Director St. John 31 32 Council Member Healy 33 34 City Attorney Danly 35 36 Council Member Healy 37 38 City Attorney Danly 39 40 Mayor Glass 41 42 City Attorney Danly 43 44 Mayor Glass 45 46 Mayor Glass opened Public Comment on Item 4.C. 47 48 Bennett, Petaluma, expressed concerns about pumping water from Petaluma to 49 other counties. 50 51 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 52 on Item 4.C. 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 November 2, 2015 . Vol. 48, Page 29 Council Member Kearney Director St. John Council Member Kearney Director St. John Vice Mayor Miller Mayor Glass City Attorney Danly 5. PUBLIC HEARINGS, continued A. Resolution 2015 -170 N.C.S. Modifying the Approved Unit Development Plan for the Leghorn Marketplace to Enable Construction of a 9,120 Square Foot Single -Story Building at an Existing Parking Lot Abutting Riesling Road, and Approving a Minor Planned Unit Development Text Amendment to Clarify that Medical Service -Minor is a Permitted Use. (Hines /Colin) Contract Senior Planner Kevin Colin Mayor Glass Mr. Colin Council Member Kearney Mr. Colin Council Member Kearney Mr. Colin Mayor Glass Mr. Colin Mayor Glass Stephen Anderson, Gammage & Burnham, Santa Monica Mayor Glass Mr. Anderson Mayor Glass Mr. Anderson Vol. 48, Page 30 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 C November 2, 2015 Mayor Glass Council Member Albertson Mr. Anderson Council Member Albertson Council Member Healy Vice Mayor Miller Mayor Glass opened Public Comment on Item S.A. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item S.A. Motion: Approve A. Resolution 2015 -170 N.C.S. Modifying the Approved Unit Development Plan for the Leghorn Marketplace to Enable Construction of a 9,120 Square Foot Single -Story Building at an Existing Parking Lot Abutting Riesling Road, and Approving a Minor Planned Unit Development Text Amendment to Clarify that Medical Service -Minor is a Permitted Use. Motion by Kathy Miller, seconded by Mike Healy. Vote: Motion carried 6 -0 Yes: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: Teresa Barrett Resolution 2015 -171 N.C.S. Amending the Inclusionary Housing Program in the City of Petaluma's General Plan 2025, 2015 -2023 Housing Element as Adopted by Resolution No. 2014 -190 N.C.S. (Duiven) Senior Planner Scott Duiven City Attorney Danly Mayor Glass Council Member King City Attorney Danly Mayor Glass opened Public Comment on Item S.C. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item S.C. 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 November 2, 2015 Council Member Healy City Manager Brown Council Member Healy Council Member Albertson Mr. Duiven Council Member Albertson Mr. Duiven Heather Hines Mayor Glass Ms. Hines Mayor Glass Vol. 48, Page 31 Motion: Approve C. Resolution 2015 -171 N.C.S. Amending the Inclusionary Housing Program in the City of Petaluma's General Plan 2025, 2015 -2023 Housing Element as Adopted by Resolution No. 2014 -190 N.C.S. Motion by Gabe Kearney, seconded by Mike Healy. Vote: Motion carried 6 -0 Yes: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: Teresa Barrett ITEM ADDED TO TONIGHT'S AGENDA Discussion and Possible Direction on Revisions to the Traffic Mitigation Fee Program to Consider Inclusion of Land Acquisition Costs for the Rainier Cross -Town Connector and Interchange Project and for SMART Station Improvements for the Future Corona Road SMART Station. (Brown) Council Member Healy Mayor Glass Director of Public Works and Utilities Dan St. John City Attorney Danly Mayor Glass Vol. 48, Page 32 November 2, 2015 1 Council Member Healy 2 3 Director-St. John 4 5 Council Member Healy 6 7 Director St. John 8 9 Mayor Glass 10 11 Director St. John 12 13 Mayor Glass 14 15 Director St. John 16 17 Council Member Albertson 18 19 Council Member Healy 20 21 City Attorney Danly 22 23 Council Member Albertson 24 25 Mayor Glass 26 27 Council Member Healy 28 29 City Attorney Danly 30 31 Mayor Glass 32 33 Council Member Healy 34 35 Mayor Glass opened Public Comment on the item. 36 37 Dave Alden, Petaluma, representing a group of citizens who are focused on the SMART project 38 and submitted a letter summarizing the suggestions this group has. 39 40 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on the item. 41 42 Mayor Glass 43 44 Council Member Healy 45 46 Mayor Glass 47 48 Council Member Healy 49 50 Council Member King 51 52 Council Member Healy 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 November 2, 2015 Director St. John Council Member King Council Member Kearney Vice Mayor Miller Council Member Albertson Mayor Glass Council Member Healy Mayor Glass Council Member Healy Director St. John Mayor Glass COUNCIL COMMENT Council Member Healy Vice Mayor Miller Council Member Kearney Council Member King Mayor Glass CLOSED SESSION Vol. 48, Page 33 • 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. • PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Paragraph (1) of Subdivision (b) of California Government Code Section 54957. Title: City Attorney. ADJOURN TO CLOSED SESSION REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) None. Vol. 48, Page 34 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 ADJOURN November 2, 2015 The meeting was adjourned at 10:32 p.m. ATTEST: Claire Cooper, City Clerk u- b* r pciv d Glass, Mayor