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HomeMy WebLinkAboutCity Council/PCDSA Minutes 06/19/20171 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 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 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 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. 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 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 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 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 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 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 1 Council Member Healy 2 3 Mr. Andronico 4 5 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 6 on Item 4.A. 7 8 Council Member Healy 9 10 Mayor Glass 11 12 Council Member Healy 13 14 Mayor Glass 15 16 City Attorney Danly 17 18 Mayor Glass 19 20 Council Member Kearney 21 22 City Attorney Danly 23 24 Council Member Kearney 25 26 City Attorney Danly 27 28 Council Member Kearney 29 30 City Attorney Danly 31 32 Council Member Miller 33 34 Council Member King 35 36 Vice Mayor Barrett 37 38 Mayor Glass 39 40 Council Member Healy 41 42 Mr. Andronico 43 44 Council Member Healy 45 46 City Attorney Danly 47 48 Council Member Healy announced that he would make a substitute motion to 49 approve the ordinance as if is drafted, accept Basin Street's offer to reimburse 50 the City for 1/2 of the cost of time spent on the matter by the City Attorney's 51 Office, and provide direction to staff to consult special counsel regarding 52 anything else that should be brought back before the second reading. 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 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 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 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 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 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 1 2 Ms. Giudice 3 4 Council Member Albertson 5 6 Ms. Giudice 7 8 Vice Mayor Barrett 9 10 Ms. Giudice 11 12 Shabnam Barati, Ph.D., Managing Principal, Impact Sciences, Inc., Oakland 13 14 Vice Mayor Barrett 15 16 Council Member Albertson 17 18 Dr. Barati 19 20 Council Member Albertson 21 22 Council Member King 23 24 Dr. Barati 25 26 Council Member King 27 28 Dr. Barati 29 30 Council Member King 31 32 Dr. Barati 33 34 Vice Mayor Barrett 35 36 Dr. Barati 37 38 Council Member King 39 40 Dr. Barati 41 42 Council Member King 43 44 Ms. Giudice 45 46 Council Member King 47 48 Vice Mayor Barrett 49 50 Council Member Healy 51 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 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 1 Matt Goyne, Associate Transportation Engineer, Fehr & Peers Transportation 2 Consultants, San Francisco 3 4 Council Member Miller 5 6 Dr. Barati 7 8 Vice Mayor Barrett 9 10 Dr. Barati 11 12 Council Member Kearney 13 14 Dr. Barati 15 16 Council Member King 17 18 Dr. Barati 19 20 Vice Mayor Barrett 21 22 Ms. Giudice 23 24 Vice Mayor Barrett 25 26 Vice Mayor Barrett announced that Council had returned from a break, the time 27 was 9:40 p.m., and all Council Members were present except Mayor Glass. 28 29 Vice Mayor Barrett 30 31 Steve Abbs, Davidon Homes, spoke of the updates in the draft EIR for the project. 32 33 Vice Mayor Barrett 34 35 Julie Jones, Perkins Cole, San Francisco, Legal Counsel for Davidon, presented on 36 behalf of Davidon regarding their interpretation of the General Plan's EIR and 37 how it affects the project's EIR. 38 39 Vice Mayor Barrett 40 41 Gordon Jack McCallum, Petaluma, lives on Kelly Creek and in opposition of the 42 project. 43 44 Sheri Fabre- Marcia, Petalumans for Responsible Planning, told Council the group 45 is in opposition to the project and is strongly encouraging the Planning 46 Commission and Council to reconsider. 47 48 Emily Roeder, Petaluma, read letter written by her sister, Sarah May Borders, 49 Petaluma, expressing concern about the increased traffic the project would bring 50 to the area. 51 1 2 N 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 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 1 2 Vice Mayor Barrett 3 4 Council Member Albertson 5 6 Council Member Miller 7 8 Council Member Kearney 9 10 Vice Mayor Barrett 11 12 Council Member Healy 13 14 City Attorney Danly 15 16 Council Member Kearney 17 18 Ms. Giudice 19 20 Council Member Kearney 21 22 Ms. Giudice 23 24 Council Member Kearney 25 26 Dr. Barati 27 28 Council Member Kearney 29 30 Dr. Barati 31 32 Council Member Healy 33 34 City Attorney Danly 35 36 Council Member Healy 37 38 City Attorney Danly 39 40 Dan Doporto, Jarvis, Fay, Doporto & Gibson, LLP, Oakland, Special Counsel 41 Assisting the City with the CEQA process for the Davidon -Scott Ranch Project 42 43 Vice Mayor Barrett 44 45 Mr. Doporto 46 47 Council Member Healy 48 49 Mr. Doporto 50 51 Council Member Healy 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 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 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 June 19, 2017 a Claire Cooper, City Clerk