HomeMy WebLinkAboutCity Council/PCDSA Minutes 06/19/20171
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June 19, 2017
City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
X85$
City Council /PCDSA Minutes
Monday, June 19, 2017
Regular Meeting
MONDAY, JUNE 19, 2017
CLOSED SESSION — 5:45 P.M.
CALL TO ORDER
A. ROLL CALL
Vol. 49, Page 11
Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney;
Dave King; Kathy Miller
Absent: None
CLOSED SESSION
• CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6.
Agency Designated Representatives: Scott Brodhun and Amy Reeve. AFSCME Unit 1 - Confidential, Unit
2 - Maintenance, Unit 3 - Clerical /Technical; Peace Officers' Association of Petaluma, Unit 6 - Police;
Petaluma Professional & Mid - Managers Association, Unit 4 - Professional, Unit 9 - Mid - Managers; and
Unit 11 - Confidential; Petaluma Public Safety Mid - Management Association, Unit 10 - Public Safety Mid -
Managers; and, International Association of Firefighters Local, 1415 Unit 7 - Fire.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Glass opened PUBLIC COMMENT on CLOSED SESSION.
Seeing no persons wishing to speak, Mayor Glass closed PUBLIC COMMENT on CLOSED SESSION.
ADJOURN TO CLOSED SESSION
Vol. 49, Page 12
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June 19, 2017
MONDAY, JUNE 19, 2017
EVENING SESSION - 6:45 P.M.
CALL TO ORDER - EVENING SESSION - 6:45 P.M.
A. ROLL CALL
Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney;
Dave King; Kathy Miller
Absent: None
B. PLEDGE OF ALLEGIANCE
C. MOMENT OF SILENCE
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Mayor Glass announced that Item 6.A would be heard next.
6. PUBLIC HEARINGS
A. Public Hearing and Resolution Adopting the Southgate Landscape Assessment
District Update. (St. John /DeNicola) - This item was continued to the Monday, July
3, 2017 Regular City Council /PCDSA Meeting.
PRESENTATION
• Introduction to Fire Marshal Jessica Power. (Thompson)
Fire Chief Leonard Thompson
Fire Marshal Jessica Power
Mayor Glass
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
GENERAL PUBLIC COMMENT
Mayor Glass opened GENERAL PUBLIC COMMENT.
Jim Goerlich, RN, Petaluma Valley Hospital, told Council there no effective union for nurses at
the hospital.
Linda Bauer, RN, Petaluma Valley Hospital, repeated that there are no effective union for nurses
at the hospital and they are seeking support.
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June 19, 2017
Vol. 49, Page 13
Lucinda Loftus, RN, Petaluma Valley Hospital, told Council they are seeking a safe environment
for both workers and patients, and that is not possible without an effective union for nurses at
hospital.
Joe Castagnola, Petaluma, Applicant for Planning Commission, introduced himself to Council
and spoke in support of his application, as he will not be able to attend the July 3, 2017 City
Council Meeting.
Mayor Glass
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.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Special City Council /PCDSA Workshop Meeting of
Monday, April 24, 2017.
B. Approval of Minutes of Special City Council /PCDSA Workshop Meeting of
Monday, May 8, 2017.
C. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, June 5,
2017.
The Minutes of Special City Council /PCDSA Workshop Meeting of Monday, April 24, 2017,
Special City Council /PCDSA Workshop Meeting of Monday, May 8, 2017; and, Minutes of
Regular City Council /PCDSA Meeting of Monday, June 5, 2017 were deemed approved
as submitted.
2. APPROVAL OF PROPOSED AGENDA
A. Approval of Agenda for Regular City Council /PCDSA Meeting of Monday, July 3,
2017.
Motion: Approve A. Agenda for Regular City Council /PCDSA Meeting of Monday,
July 3, 2017, as presented.
Motion by Kathy Miller, seconded by Mike Healy.
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 2017 -090 N.C.S. Supporting Assembly Constitutional Amendment 4 and
Authorizing the Mayor to Execute a Letter of Support. (Brown)
Vol. 49, Page 14
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June 19, 2017
B. Resolution 2017 -091 N.C.S. Approving the Funding Appropriations for the City of
Petaluma's Affordable Housing Program and Authorizing the City Manager to
Execute Any Related Documents Necessary to Implement the Projects and
Programs. (Castellucci)
C. Resolution 2017 -092 N.C.S. to Receive and File the City Treasurer's Quarterly
Report dated March 31, 2017. (Mushallo)
D. Resolution 2017 -093 N.C.S. Approving the City of Petaluma Investment Policy and
Delegating Investment Authority to the City Treasurer for Fiscal Year 2017 -2018.
(Mushallo)
E. Adoption (Second Reading) of an Ordinance 2617 N.C.S. Authorizing Approval of
Lease PRC 7235.1 with the State Lands Commission and Authorizing the City
Manager to Execute All Required Documents for Continued Use of Marina
Premises on the Petaluma River Located Adjacent to 781 Baywood Drive. (St.
John)
F. Resolution 2017 -094 N.C.S. Approving Fixed and Observed Holidays for Fiscal Year
2017/18. (Reeve) - Continued from the June 5, 2017 City Council /PCDSA Meeting.
Mayor Glass opened Public Comment on CONSENT CALENDAR items.
Duane Bellinger, Petaluma, spoke on Item 3.A, encouraging Council to focus on fixing
our streets.
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on
CONSENT CALENDAR items.
Council Member Healy
Council Member Albertson
Motion: Approve CONSENT CALENDAR Items 3.A, 3.13, 3.C, 3.D, 3.E, and 3.F.
Motion by Mike Healy, 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
Absent: None
Senior Accountant Janine Tedrow
City Manager Brown
Council Member Albertson
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June 19, 2017
4. UNFINISHED BUSINESS
Vol. 49, Page 15
A. Consideration and Introduction (First Reading) of Ordinance 2618 N.C.S.
Approving: 6th Modification of Declaration of Easements, Covenants, and
Restrictions and Reciprocal Easements for Petaluma Marina Project; Contribution
Agreement (Including Quitclaim Transferring to the Petaluma Marina Owners
Association Title to Lot 6 of Parcel Map No. 247 Filed February 29, 1990 in Book 454
of Maps, Pages 9 and 10, Sonoma County Records); and Amendment
Terminating Subdivided Ground Lease to Lot 6 Dated and Recorded September
11, 1990. ( Danly)
City Attorney Danly
Mayor Glass
Vice Mayor Barrett
Motion: Approve A. Consideration and Introduction (First Reading) of Ordinance
2618 N.C.S. Approving: 6th Modification of Declaration of Easements, Covenants,
and Restrictions and Reciprocal Easements for Petaluma Marina Project;
Contribution Agreement (Including Quitclaim Transferring to the Petaluma Marina
Owners Association Title to Lot 6 of Parcel Map No. 247 Filed February 29, 1990 in
Book 454 of Maps, Pages 9 and 10, Sonoma County Records); and Amendment
Terminating Subdivided Ground Lease to Lot 6 Dated and Recorded September
11, 1990, if there is indemnification for the City.
Motion by David Glass, seconded by Teresa Barrett.
Council Member Albertson
City Attorney Danly
Council Member Healy
City Attorney Danly
Mayor Glass
City Attorney Danly
Mayor Glass
City Attorney Danly
Vice Mayor Barrett
City Attorney Danly
Mayor Glass opened Public Comment on Item 4.A.
Paul Andronico, Counsel for Basin Street Properties
Vol. 49, Page 16 June 19, 2017
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Council Member Healy
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Mr. Andronico
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Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
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on Item 4.A.
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Council Member Healy
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Mayor Glass
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Council Member Healy
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Mayor Glass
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City Attorney Danly
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Mayor Glass
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Council Member Kearney
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City Attorney Danly
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Council Member Kearney
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City Attorney Danly
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Council Member Kearney
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City Attorney Danly
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Council Member Miller
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Council Member King
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Vice Mayor Barrett
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Mayor Glass
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Council Member Healy
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Mr. Andronico
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Council Member Healy
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City Attorney Danly
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Council Member Healy announced that he would make a substitute motion to
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approve the ordinance as if is drafted, accept Basin Street's offer to reimburse
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the City for 1/2 of the cost of time spent on the matter by the City Attorney's
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Office, and provide direction to staff to consult special counsel regarding
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anything else that should be brought back before the second reading.
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June 19, 2017
Vol. 49, Page 17
Council Member Miller announced that she would second Council Member
Healy's substitute motion.
Mayor Glass announced that the first vote would determine if there was Council
support to entertain Council Member Healy's substitute motion. If that vote
passed, it would have the effect of killing the first motion.
Motion to entertain Council Member Healy's substitute motion.
Motion by Mike Healy, seconded by Kathy Miller.
Vote: Motion carried 5 -2
Yes: Chris Albertson; Mike Healy; Gabe Kearney; Dave King; Kathy Miller
No: Teresa Barrett; David Glass
Abstain: None
Absent: None
Motion: Approve A. Introduction (First Reading) of Ordinance 2618 N.C.S.
Approving: 6+" Modification of Declaration of Easements, Covenants, and
Restrictions and Reciprocal Easements for Petaluma Marina Project; Contribution
Agreement (Including Quitclaim Transferring to the Petaluma Marina Owners
Association Title to Lot 6 of Parcel Map No. 247 Filed February 29, 1990 in Book 454
of Maps, Pages 9 and 10, Sonoma County Records); and Amendment
Terminating Subdivided Ground Lease to Lot 6 Dated and Recorded September
11, 1990, as drafted and to accept Basin Street Properties' offer to reimburse the
City for 112 of the City Attorney's time spent on this matter, and give direction to
staff to consult with special counsel regarding any other matters that should be
brought back before the second reading of the ordinance.
Motion by Mike Healy, seconded by Kathy Miller.
Vote: Motion carried 5 -2
Yes:
Chris Albertson; Mike Healy; Gabe Kearney; Dave King; Kathy Miller
No:
Teresa Barrett; David Glass
Abstain:
None
Absent:
None
S. NEW BUSINESS
A. Resolution 2017 -095 N.C.S. Approving Subordination Agreements with an Affiliate
of the Burbank Housing Development Corporation, Old Elm Partners, L. P., in
Connection with the Refinancing of Old Elm Village, and Authorizing the City
Manager to Sign Documents Related to the Financing of the Project. (Castellucci)
Housing Administrator Sue Castellucci
Council Member Healy
Mayor Glass opened Public Comment on Item S.A.
Vol. 49, Page 18
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June 19, 2017
Helen Dunlap, Burbank Housing, told Council she concurred with the
recommendations in the staff report.
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item S.A.
Motion: Approve A. Resolution 2017 -095 N.C.S. Approving Subordination
Agreements with an Affiliate of the Burbank Housing Development Corporation,
Old Elm Partners, L. P., in Connection with the Refinancing of Old Elm Village, and
Authorizing the City Manager to Sign Documents Related to the Financing of the
Project.
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
B. Introduction (First Reading) of an Ordinance 2619 N.C.S. Authorizing Recordation
of a Quitclaim Deed Under Document No. 060298 with Novak Property LLC and
Under Document No. 060299 with Syers Properties I, L.P. and Authorizing the City
Manager to Execute all Required Documents. (St. John /Zimmer)
Deputy Director of Public Works and Utilities Larry Zimmer
Mayor Glass opened Public Comment on Item 5.B.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
S.B.
Motion: Approve B. Introduction (First Reading) of an Ordinance 2619 N.C.S.
Authorizing Recordation of a Quitclaim Deed Under Document No. 060298 with
Novak Property LLC and Under Document No. 060299 with Syers Properties I, L.P.
and Authorizing the City Manager to Execute all Required Documents.
Motion by Kathy Miller, 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
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June 19, 2017
Vol. 49, Page 19
6. PUBLIC HEARINGS, continued
B. Public Hearing and Discussion of Draft Environmental Impact Report for the
Proposed Davidon /Scott Ranch Residential Subdivision Project, located at
Windsor Drive and D Street. (Hines /Giudice)
Mayor Glass recused himself for this item and left the meeting, explaining that he
lives within 500' of the proposed project and is required by State Law to do so.
City Attorney Danly
Vice Mayor Barrett
Council Member Kearney
Council Member Healy
Vice Mayor Barrett
City Attorney Danly
Vice Mayor Barrett
City Attorney Danly
Vice Mayor Barrett
Vice Mayor Barrett opened Public Comment on Item 6.B.
Andreas Morris, Petaluma,
Vice Mayor Barrett
Contract Senior Planner Ali Giudice
Vice Mayor Barrett
Ms. Giudice
Vice Mayor Barrett
Ms. Giudice
Council Member Kearney
Ms. Giudice
Council Member Kearney
Ms. Giudice
Council Member Albertson
Vol. 49, Page 20
June 19, 2017
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Ms. Giudice
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Council Member Albertson
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Ms. Giudice
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Vice Mayor Barrett
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Ms. Giudice
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Shabnam Barati, Ph.D., Managing Principal, Impact Sciences, Inc., Oakland
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Vice Mayor Barrett
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Council Member Albertson
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Dr. Barati
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Council Member Albertson
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Council Member King
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Dr. Barati
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Council Member King
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Dr. Barati
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Council Member King
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Dr. Barati
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Vice Mayor Barrett
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Dr. Barati
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Council Member King
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Dr. Barati
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Council Member King
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Ms. Giudice
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Council Member King
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Vice Mayor Barrett
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Council Member Healy
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June 19, 2017
Vol. 49, Page 21
Jim Martin, Principal Biologist, Environmental Collaborative, Emeryville, consultant
biologist for Davidon's project
Vice Mayor Barrett
Mr. Martin
Council Member Kearney
Mr. Martin
Vice Mayor Barrett
Dr. Barati
Vice Mayor Barrett
Dr. Barati
Vice Mayor Barrett
Dr. Barati
Ms. Giudice
Vice Mayor Barrett
Dr. Barati
Vice Mayor Barrett
Dr. Barati
Council Member Healy
Dr. Barati
Ms. Giudice
Council Member Healy
Dr. Barati
Council Member Healy
Dr. Barati
Council Member Healy
Dr. Barati
Vol. 49, Page 22 June 19, 2017
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Matt Goyne, Associate Transportation Engineer, Fehr & Peers Transportation
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Consultants, San Francisco
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Council Member Miller
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Dr. Barati
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Vice Mayor Barrett
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Dr. Barati
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Council Member Kearney
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Dr. Barati
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Council Member King
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Dr. Barati
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Vice Mayor Barrett
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Ms. Giudice
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Vice Mayor Barrett
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Vice Mayor Barrett announced that Council had returned from a break, the time
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was 9:40 p.m., and all Council Members were present except Mayor Glass.
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Vice Mayor Barrett
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Steve Abbs, Davidon Homes, spoke of the updates in the draft EIR for the project.
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Vice Mayor Barrett
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Julie Jones, Perkins Cole, San Francisco, Legal Counsel for Davidon, presented on
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behalf of Davidon regarding their interpretation of the General Plan's EIR and
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how it affects the project's EIR.
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Vice Mayor Barrett
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Gordon Jack McCallum, Petaluma, lives on Kelly Creek and in opposition of the
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project.
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Sheri Fabre- Marcia, Petalumans for Responsible Planning, told Council the group
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is in opposition to the project and is strongly encouraging the Planning
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Commission and Council to reconsider.
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Emily Roeder, Petaluma, read letter written by her sister, Sarah May Borders,
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Petaluma, expressing concern about the increased traffic the project would bring
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to the area.
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June 19, 2017 Vol. 49, Page 23
Dallas Cooper, Petaluma, showed a video in opposition to the project,
highlighting Helen Putnam Regional Park.
Susan Jaderstrom, Petalumans for Responsible Planning, spoke of the petition the
group routed in opposition to the project.
Joe Grubaugh, Petaluma, lives on Kelly Creek and is concerned of the pollution
due to the project.
Tamara Galanter, San Francisco, Shute, Mihaly and Weinberger, discussed
the legal inadequacies she said her firm found in the DEIR.
Marlene Dehlinger, San Francisco, Shute, Mihaly, and Weinberger, spoke in
opposition to the project on behalf of the Kelly Creek Protection Project.
Sigrun Seifert, Petaluma, presented testimony opposing the project from Rob
Hamilton, Biologist, on behalf of the Kelly Creek Protection Project.
Greg Colvin, Director Kelly Creek Protection Project and Petalumans for
Responsible Planning, Petaluma, spoke in opposition to the project.
Meggie Jensen, Landscape Architect, Prunuske Chatham, Inc., Sebastopol, spoke
on behalf of Kelly Creek Protection Project and in opposition to the project.
In accordance with Council's Rules, Policies, and Procedures, there must be
Council consensus to continue past 11:00 p.m. Council agreed to continue until
12:00 midnight and pose the question again.
Peter Cohn, Petaluma, Kelly Creek Protection Project, spoke in opposition to the
project.
Peter Bordiga, Petaluma, lives on Kelly Creek, and is opposed to the project.
Lydia Schindler, Founder, West Petaluma Hills Wildlife Corridor Coalition,
Petaluma, spoke in opposition to the project.
Barry Bussewitz, Petaluma, spoke in opposition to the project.
Forest Gander, Petaluma, spoke in opposition to the project.
Kathy Meagher, Petaluma, spoke in opposition to the project.
Colin Davison, Petaluma, spoke in opposition to the project.
Mike Reilly, Petaluma, spoke in opposition to the project.
Marion Matthews, Petaluma, spoke in opposition to the project.
Seeing no other persons wishing to speak, Vice Mayor Barrett closed Public
Comment on Item 6.13.
Ms. Giudice
Vol. 49, Page 24 June 19, 2017
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Council Member Albertson
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Council Member Miller
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Council Member Kearney
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Vice Mayor Barrett
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Council Member Healy
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City Attorney Danly
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Council Member Kearney
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Ms. Giudice
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Council Member Kearney
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Ms. Giudice
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Council Member Kearney
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Dr. Barati
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Council Member Kearney
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Dr. Barati
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Council Member Healy
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City Attorney Danly
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Council Member Healy
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City Attorney Danly
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Dan Doporto, Jarvis, Fay, Doporto & Gibson, LLP, Oakland, Special Counsel
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Assisting the City with the CEQA process for the Davidon -Scott Ranch Project
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Vice Mayor Barrett
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Mr. Doporto
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Council Member Healy
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Mr. Doporto
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Council Member Healy
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June 19, 2017
Mr. Doporto
City Attorney Danly
Vice Mayor Barrett
Council Member King
Vice Mayor Barrett
Vol. 49, Page 25
Motion: Approve Direction to staff to revise the DER to address concerns raised
by the Planning Commission and the City Council related to traffic, hydrology,
biological resources, tree removal, and geology; seek input from the
resource agencies; provide a more robust evaluation of the 28 -lot
"Environmentally Preferred" alternative; and recirculate the draft EIR.
Motion by Gabe Kearney, seconded by Teresa Barrett.
Vote: Motion carried 6 -0
Yes: Chris Albertson; Teresa Barrett; Mike Healy;
Gabe Kearney; Dave King; Kathy Miller
No: None
Abstain: David Glass
Absent: None
Council Member Miller
City Attorney Danly
Council Member Albertson
City Attorney Danly
Council Member Kearney
Vice Mayor Barrett
ADJOURN
The meeting was adjourned on Tuesday, June 20, 2017 at 12:42 a.m.
ATTEST:
David Glass, Mayor
Vol. 49, Page 26
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June 19, 2017
a
Claire Cooper, City Clerk