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HomeMy WebLinkAboutStaff Report 1.A 12/02/2013M 2 rff 2 - i i R L U City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY Y85a 1 Draft City Council/PCDSA Minutes 2 Monday, October 21, 2013 3 Regular Meeting 4 6 MONDAY, OCTOBER 21, 2013 7 CLOSED SESSION - 5:30 P.M. 8 9 10 CALL TO ORDER - CLOSED SESSION 11 12 A. Roll Call 13 14 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 15 Mike Healy; Kathy Miller 16 Absent: Gabe Kearney 17 18 CLOSED SESSION 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 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION/INITIATION OF LITIGATION (One potential case): Subdivisions (a) and (c) of 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: Subdivision (a) of California Government Code Section 54956.9: Bryant Moynihan vs. City of Petaluma, Sonoma County Superior Court No. SCV- 259059. • CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION: Pursuant to subdivision (c) of Section 54956.9: 1 potential case. - Council Member Healy recused himself for this item. • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: One potential case. PUBLIC COMMENT ON CLOSED SESSION ITEMS None. ADJOURN TO CLOSED SESSION Vol. XX, Page 2 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 October 21, 2013 MONDAY, OCTOBER 21, 2013 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION A. Roll Call Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; Gabe Kearney; Kathy Miller Absent: None B. Pledge of Allegiance Petaluma Leghorns Baseball Team C. Moment of Silence AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) None. PRESENTATIONS • Petaluma Leghorns - American Legion Baseball Day - October 21, 2013 Mayor Glass • Economic Development Marketing Program Update. (Alverde) Economic Development Manager Ingrid Alverde Vice Mayor Albertson Ms. Alverde Vice Mayor Albertson Council Member Harris Ms. Alverde Council Member Kearney Ms. Alverde PROCLAMATIONS • National Massage Therapy Awareness Week - October 20-26, 2013 Mayor Glass Stephanie DeGoyer, Petaluma 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 October 21, 2013 Mayor Glass • Red Ribbon Week - October 22-31, 2013 Mayor Glass Dick Sharke, Petaluma • Freedom from Workplace Bullies Week - October 20-26, 2013 Mayor Glass Kim Page, • Arbor Day - October 26, 2013 Council Member Miller Council Member Barrett Mayor Glass GENERAL PUBLIC COMMENT Vol. XX, Page 3 Bill Donahue, Petaluma, discussed his concerns regarding rent stabilization at mobile home parks in Petaluma. David Cormier, Petaluma, discussed his concerns regarding rent stabilization at Sandalwood Mobile Home Park. Mayor Glass Mr. Cormier Mayor Glass Richard Brawn, Petaluma, expressed his concerns about the streets in Petaluma. Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. Joe Manthey, Petaluma, spoke regarding alleged false information included in the Domestic Partnership Proclamation presented at the October 7th Council Meeting. Mayor Glass COUNCIL COMMENT Council Member Miller Council Member Healy Vol. XX, Page 4 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 Albertson Mayor Glass City Manager Brown Council Member Harris Council Member Barrett CITY MANAGER COMMENT None. October 21, 2013 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) City Attorney Danly stated that the City Council has been encouraged by some residents to pursue a challenge to the Graton Rancheria Casino. During CLOSED SESSION, the Council voted 6/0 (Council Member Healy recused) not to pursue such an action at this time. 1. APPROVAL OF MINUTES A. Approval of Minutes of Special City Council/PCDSA Meeting of Monday, September 23, 2013. - The Minutes of Special City Council/PCDSA Meeting of Monday, September 23, 2013 were deemed approved as submitted (Mayor Glass, Council Member Miller recused). 2. APPROVAL OF PROPOSED AGENDA A. Approval of Proposed Agenda for Regular City Council/PCDSA Meeting of Monday, November 4, 2013. Motion: Approve A. Proposed Agenda for Regular City Council/PCDSA Meeting of Monday, November 4, 2013, as submitted. Moved by Mike Harris, seconded by Teresa Barrett. City Manager Brown Motion: Amend the previous motion and Approve A. Proposed Agenda for Regular City Council/PCDSA Meeting of Monday, November 4, 2013, with the addition of discussion of the Rainier Crosstown Connector Environmental Impact Report. Moved by Mike Harris, seconded by Teresa Barrett. Council Member Healy City Manager Brown 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 Kil 4. October 21, 2013 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 CONSENT CALENDAR Vol. XX, Page 5 A. Resolution 2013-146 N.C.S. Authorizing City Manager to Sign Lease Documents for Replacement Computer Workstations and Software Deployment System. (Williamson/Brodhun) B. Resolution 2013-147 N.C.S. Amending the Classification and Compensation Plan by Revising the Classification Specification of Water Recycling Plant Lead Operator (St. John/Stephens) C. Letter Commenting on Sonoma County Library Draft Amended Joint Powers Agreement (JPA). (Brown) Vice Mayor Albertson Director of Public Works and Utilities Dan St. John Vice Mayor Albertson Mayor Glass opened Public Comment on CONSENT CALENDAR items. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CONSENT CALENDAR items. Motion: Approve CONSENT CALENDAR Items 3.A, 3.11, and 3.C. Moved 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 NEW BUSINESS A. Progress Report on Traffic Study Addressing Petaluma Boulevard South Road Diet Project. (St. John/Bates) Director of Public Works and Utilities Dan St. John City Engineer Curt Bates Vol. XX, Page 6 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 October 21, 2013 Mayor Glass Council Member Harris Council Member Barrett Council Member Kearney Director St. John Mr. Bates Vice Mayor Albertson Mr. Bates Vice Mayor Albertson Council Member Healy Mr. Bates Council Member Miller Mr. Bates Mayor Glass opened Public Comment on Item 4.A. Ross Jones, Petaluma Downtown Association, Petaluma, thanked staff for their work regarding the road diet concerns, and spoke of continuing concerns of the downtown businesses. John Maher, aka "Petaluma Pete," Petaluma, spoke of safety concerns related to the Road Diet. Richard Brawn, Petaluma, stated he did not believe funds should be spent on the Road Diet, but on other street projects. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 4.A. Mr. Bates City Manager Brown Mayor Glass B. Introduction (First Reading) of Ordinance 2474 N.C.S. Repealing and Replacing Sections 17.20.010, 17.20.040, 17.20.050, and 17.20.060 of the Petaluma Municipal to Adopt the 2013 California Fire Code, California Building Standards Code, Title 24, Part 9, Based on the 2012 Edition of the International Fire Code. (Anderson/Fergus) 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 October 21, 2013 Vol. XX, Page 7 Council Miller recused herself for the item, and left the dais. Fire Marshal Cary Fergus Mayor Glass Fire Marshal Fergus Mayor Glass Fire Marshal Fergus Mayor Glass City Manager Brown Mayor Glass Council Member Healy Fire Marshal Fergus Council Member Healy Mayor Glass Vice Mayor Albertson Council Member Harris Council Member Kearney Council Member Barrett Fire Marshal Fergus Council Member Barrett Mayor Glass opened Public Comment on Item 4.B. Katherine Bobrowski, Petaluma, spoke about problems with fireworks at the mobile home park where she lives. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 4.B. Fire Marshal Fergus Council Member Kearney Fire Marshal Fergus Vol. XX, Page 8 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 October 21, 2013 Council Member Kearney Council Member Healy Motion: Approve B. Introduction (First Reading) of Ordinance 2474 N.C.S. Repealing and Replacing Sections 17.20.010, 17.20.040, 17.20.050, and 17.20.060 of the Petaluma Municipal to Adopt the 2013 California Fire Code, California Building Standards Code, Title 24, Part 9, Based on the 2012 Edition of the International Fire Code, as amended to replace gender -specific language with gender -neutral language ("he" to "he/she"). Moved by Chris Albertson, seconded by Gabe Kearney. Vote: Motion carried 4-2 Yes: Chris Albertson; Mike Harris; Mike Healy; Gabe Kearney No: Teresa Barrett; David Glass Abstain: Kathy Miller Absent: None Council Member Barrett Mayor Glass Council Member Miller returned to the dais. C. Introduction (First Reading) of Ordinance 2475 N.C.S. Adopting the 2013 Edition of the California Building Standards Code, California Code of Regulations Title 24, Parts, 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12, and Amendments Thereto Based on Local Climatic, Geological and Topographic Conditions. (Brown/Hamer) Chief Building Official John Hamer Council Member Kearney City Manager Brown Motion: Approve C. Introduction (First Reading) of Ordinance 2475 N.C.S. Adopting the 2013 Edition of the California Building Standards Code, California Code of Regulations Title 24, Parts, 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11 and 12, and Amendments Thereto Based on Local Climatic, Geological and Topographic Conditions, as amended to rep/ace gender -specific language with gender - neutral language ("he" to "he/she"). Moved by Gabe Kearney, seconded by Kathy Miller. Mayor Glass opened Public Comment on Item 4.C. Monica Solland Nelson, Midstate Construction, Petaluma, Seeing no other persons wishing to speak, Mayor Glass closed Public Comment 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 5. October 21, 2013 City Manager Brown Council Member Barrett Vote: Motion carried 5-2 Yes: Chris Albertson; Mike Harris; Mike Healy; Gabe Kearney; Kathy Miller No: Teresa Barrett; David Glass Abstain: None Absent: None Mayor Glass PUBLIC HEARING Vol. XX, Page 9 A. Resolutions Adopting a Mitigated Negative Declaration, Resolution Approving a General Plan Amendment, and Abandonment of Public Utility Easement, and Introduction (First Reading) of an Ordinance to Approve a Zoning Amendment for the Maria Drive Apartments Project Located at 35 Maria Drive. (Hines) Mayor Glass Council Member Harris Council Member Kearney Mayor Glass Council Member Barrett Vice Mayor Albertson Council Member Healy Council Member Miller Mayor Glass City Attorney Danly Mayor Glass Alicia Giudice, Senior Planner Council Member Barrett Council Member Kearney Vice Mayor Albertson Vol. XX, Page 10 October 21, 2013 Ms. Giudice Vice Mayor Albertson Mayor Glass Ms. Giudice Mayor Glass Ms. Giudice Vice Mayor Albertson Ms. Giudice Council Member Miller Ms. Giudice Council Member Miller Zachary Matley, AICP, Associate, W -Trans, Inc., Santa Rosa Council Member Healy Mr. Matley Mayor Glass Vice Mayor Albertson Ms. Giudice Council Member Harris Ms. Giudice Heather Hines, Planning Manager Council Member Harris Council Member Kearney Ms. Giudice Vice Mayor Albertson Mayor Glass Marty Brill, JDA West, San Francisco, Applicant 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 October 21, 2013 Vice Mayor Albertson Jonathan Ennis, AIA, DBE Architecture, Inc., San Francisco Mayor Glass Mr. Matley Vol. XX, Page 11 Judy Davidoff, Sheppard Mullin Richter & Hampton, LLP, Attorneys at Law, San Francisco Mayor Glass Mr. Ennis Mayor Glass opened Public Comment on Item 5.A. Kathleen Garvey, ceded time by Laura Bouchard, Amy Fearnley, Judith Whitman, Eastside Neighbors Coalition, Petaluma, discussed the Coalition's concerns with traffic and other issues in regards to the project. Motion: continue the meeting past 11:00 p.m., as required by Council's Rules, Policies, and Procedures. Moved by Mike Harris, 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 Abstain: None Absent: None Terence Garvey, Petaluma, suggested a separate meeting be held to discuss solutions to the issues. Dan Ellecamp, ceded time by Victoria Ellecamp, Eastside Neighborhood Coalition, Petaluma, discussed concerns with the project. Albert Wong, ceded time by Alfred Johnston, Yvonne Johnston, Eastside Neighbors Coalition, Petaluma, discussed his concerns with the project. Stanley Deaner, Eastside Neighbors Coalition, Petaluma, discussed his concerns with the project. Barbara Detner, Eastside Neighbors Coalition, Petaluma, discussed her concerns with the project. Mayor Glass Vol. XX, Page 12 October 21, 2013 Sheila Garvey, Eastside Neighbors Coalition, Petaluma, discussed her concerns with the project. Monica Soiland Nelson, Midstate Construction, Petaluma, spoke in support of the project. Roger Nelson, Midstate Construction, Petaluma, spoke in support of the project. John Keating, Petaluma, discussed his concerns with the project. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 5.A. Mr. Brill Mayor Glass Vice Mayor Albertson Mr. Matley Mayor Glass Mr. Matley Mr. Bates Mayor Glass Mr. Brill Vice Mayor Albertson Mr. Brill Vice Mayor Albertson Mr. Matley Vice Mayor Albertson Mr. Bates Council Member Miller Vice Mayor Albertson Mr. Brill Vice Mayor Albertson Mr. Brill 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 October 21, 2013 Vice Mayor Albertson Council Member Harris Mr. Brill Mayor Glass Mr. Ennis Mayor Glass Council Member Miller Council Member Healy Mayor Glass Vice Mayor Albertson Council Member Barrett Council Member Kearney Council Member Harris Mayor Glass Vol. XX, Page 13 Council Member Healy Council consensus that the proposed project should be redesigned with a reduction in density. Ms. Hines Motion: Continue the item to a date uncertain, to allow the project developer to respond to Council's concerns. Moved by Gabe Kearney, seconded by Teresa Barrett. 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. XX, 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 Motion: Adjourn the meeting. October 21, 2013 Moved by Mike Healy, seconded by Chris Albertson. 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 The meeting was adjourned at 12:20 p.m., Tuesday, October 22, 2013. ATTEST: Claire Cooper, CMC, City Clerk David Glass, Mayor