HomeMy WebLinkAboutStaff Report 1.A 05/06/20191
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
City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
lg�g
Draft City Council/PCDSA Minutes
Monday, February 25, 2019
Regular Meeting
MONDAY, FEBRUARY 25, 2019
CLOSED SESSION — 6:00 P.M.
CALL TO ORDER
A. ROLL CALL
Present: Teresa Barrett; D'Lynda Fischer; Mike Healy; Gabe Kearney; Dave King;
Kevin McDonnell; Kathy Miller
Absent: None
CLOSED SESSION
• CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: (Paragraph (1) of subdivision (d) of Section
54956.9). Kevin Burris v. City of Petaluma, Northern District, Case no. 4:18-cv-02102-HSG,
• CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case. The existing facts and
circumstances based on which the City Council on the advice of the City Attorney has concluded
there is significant exposure to litigation against the City based on public comments made by legal
counsel for Safeway at the June 26, 2018 Planning Commission meeting subject to Section
54956.9 (e) (4), correspondence to the City from Safeway legal counsel dated December 1 and 2, 2018,
and demand to cure or correct correspondence submitted to the City by legal counsel for Safeway
dated January 2, 2019, subject to Section_54956,9(e) (3). The correspondence from Safeway legal
counsel, including the cure or correct correspondence is available for public inspection in the Office of
the City Clerk in accordance with Section 54957.5.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Barrett opened Public Comment on CLOSED SESSION items.
Seeing no persons wishing to speak, Mayor Barrett closed Public Comment on CLOSED SESSION
items.
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
CALL TO ORDER
A. ROLL CALL
Present:
Absent:
February 25, 2019
MONDAY, FEBRUARY 25, 2019
EVENING SESSION - 6:45 P.M.
Teresa Barrett; D' Lynda Fischer; Mike Healy; Gabe Kearney; Dave King;
Kevin McDonnell; Kathy Miller
None
B. PLEDGE OF ALLEGIANCE
C. MOMENT OF SILENCE
SWEARING-IN CEREMONY
City Clerk Cooper swore in City Manager Peggy Flynn.
Mayor Barrett
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
None.
PROCLAMATION
Intellectual and Developmental Disabilities Awareness Month - March 2019
Elizabeth Clary, Executive Director, Alchemia
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
GENERAL PUBLIC COMMENT
Mayor Barrett opened GENERAL PUBLIC COMMENT.
Natasha Juliana, Petaluma, spoke about climate change and the need for action.
Pete Gang, Petaluma, Architect and Green -Building educator, spoke about the climate crisis
and the challenges it brings.
Seeing no other persons wishing to speak, Mayor Barrett closed GENERAL PUBLIC COMMENT.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Special Joint City Council/Planning Commission Workshop
Meeting of Monday, July 9, 2018.
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.
February 25, 2019
Vol. XX, Page 3
B. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, January
7, 2019.
C. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, January
28, 2019.
Council Member King announced that he had not been present at the July 9, 2018
meeting.
City Attorney Danly
1.A. Minutes of Special Joint City Council/Planning Commission Workshop Meeting of
Monday, July 9, 2018; B. Minutes of Regular City Council/PCDSA Meeting of Monday,
January 7, 2019; and C. Minutes of Regular City Council/PCDSA Meeting of Monday,
January 28, 2019 were deemed approved as submitted.
APPROVAL OF PROPOSED AGENDA
A. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday, March
4, 2019.
Council Member Fischer
Motion: Approve A. Agenda for Regular City Council/PCDSA Meeting of Monday,
March 4, 2019, with addition of approval of tentative agenda for City Council
Goal -Setting Session.
Motion by Gabe Kearney, seconded by Kathy Miller,
Vote: Motion carried 7-0
Yes:
Teresa Barrett; D' Lynda Fischer; Mike Healy; Gabe Kearney;
Dave King; Kevin McDonnell; Kathy Miller
No:
None
Abstain:
None
Absent:
None
CONSENT CALENDAR
A. Resolution Accepting the Fiscal Year 2018 Development Impact Fee Report
Pursuant to AB -1600. (Garberolio)
B. Resolution Authorizing the City Manager to Execute a Professional Services
Agreement for with Wood Environment and Infrastructure Solutions Inc., for
Consulting Services for the Federal Emergency Management Agency's Local
Hazard Mitigation Program Grant. (St. John/Beatty)
C. Resolution Accepting Completion of the Capri Creek Flood Reduction and
Habitat Enhancement Project. (St. John/Moresco)
D. Resolution Accepting Completion of the Public Works and Utilities Department
Field Office Roof Overlay and Replacement Project. (St. John/Ramirez)
Vol. XX, Page 4
February 25, 2019
1
2 E. Resolution Accepting Completion of a Contract for the Airport Preventative
3 Maintenance Ramp Crack Seal, City Project No. C61501705. (St. John/Stutsman)
4
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
F. Adoption (Second Reading) of Ordinances Amending Ordinances 2668, 2669,
2670, 2671, 2672, 2673, N.C.S. to Change Certain Appropriations for the
Operations of the City of Petaluma from July 1, 2018 to June 30, 2019.
(Garberolio)
Motion: Approve 3.A. Resolution 2019-025 N.C.S.. Accepting the Fiscal Year 2018
Development Impact Fee Report Pursuant to AB -1600; C. Resolution 2019-026
N.C.S. Accepting Completion of the Capri Creek. Flood Reduction and Habitat
Enhancement Project; D. Resolution 2019-027 N.C.S. Accepting Completion of the Public
Works and Utilities Department Field Office Roof Overlay and Replacement Project; E.
Resolution 2019-028 N.C.S. Accepting Completion of a Contract for the Airport
Preventative Maintenance Ramp Crack Seal, City Project No. C61501705; and, F.
Adoption (Second Reading) of Ordinance 2675 N.C.S. (General Fund), Ordinance 2676
N.C.S. (Enterprise Funds), Ordinance 2677 N.C.S. (Utilities Funds), Ordinance 2678 N.C.S.
(Internal Service Funds), Ordinance 2679 N.C.S. (Special Revenue and Trust Funds), and,
Ordinance 2680 N.C.S. (Capital Projects and Deft Funds) Amending Ordinances 2668,
2669, 2670, 2671, 2672, 2673, N.C.S. to Change Certain Appropriations for the Operations
of the City of Petaluma from July 1, 2018 to June 30, 2019.
Motion by Mike Healy, seconded by Kathy Miller.
Vote: Motion carried 7-0
Yes:
Teresa Barrett; D' Lynda Fischer; Mike Healy; Gabe Kearney;
Dave King; Kevin McDonnell; Kathy Miller
No:
None
Abstain:
None
Absent:
None
Motion: Approve B. Resolution 2019-029 N.C.S. Authorizing the City Manager to Execute a
Professional Services Agreement for with Wood Environment and Infrastructure Solutions
Inc., for Consulting Services for the Federal Emergency Management Agency's Local
Hazard Mitigation Program Grant.
Motion by Mike Healy, seconded by Kathy Miller.
Vote: Motion carried 6-0
Yes: Teresa Barrett; D'Lynda Fischer; Mike Healy;
Dave King; Kevin McDonnell; Kathy Miller
No: None
Abstain: Gabe Kearney
Absent: None
4. UNFINISHED BUSINESS
A. Vote on Motion to Reconsider Adoption on January 28, 2019 of City Council
Resolution No. 2019-015 N.C.S. Entitled "Resolution of the City of Petaluma City
February 25, 2019
Vol. XX, Page 5
1
Council Rescinding and Replacing Resolution No. 2018-180 N.C.S. Adopted
2
December 3, 2018 and Upholding the Appeal Filed by JoAnn McEachin as to the
3
Mitigated Negative Declaration Approved by the Petaluma Planning Commission
4
on June 26, 2018 by Resolution No. 2018-21 A, Ordering the Preparation of an
5
Environmental Impact Report in Accordance with Section 15064, Subdivisions (c)
6
and (g) of the California Environmental Quality Act Guidelines and Staying the
7
Planning Commission's Approval of the Site Plan and Architectural Review
8
Pursuant to Resolution No. 2018-21 B Adopted June 26, 2018 for the Safeway Fuel
9
Center Project Located at 335 South McDowell Boulevard, Assessor's Parcel. No.
10
007-820-046, File No. PLSR 13-0012, Pending Certification of the EIR and City
11
Council Review of the Project Site Plan and Architectural Review Approval."
12
(Danly)
13
14
Council Members Kearney and Miller announced that on the advice of City
15
Attorney Danly, they would recuse themselves for the item. They left the dais.
16
17
City Attorney Danly
18'
19
Mayor Barrett opened Public Comment on Item 4.A.
20
21
Matt Francois, Rutan & Tucker, on behalf of Safeway, the applicant, urged
22
Council to vote to uphold the motion for reconsideration.
23
24
Richard Sachen, Petaluma, also representing the Sierra Club, believes the
25
Council's decision to require an EIR was fair.
26
27
Seeing no other persons wishing to speak, Mayor Barrett closed Public
28
Comment on Item 4.A.
29
30
Mayor Barrett
31
32
Council Member Healy
33
34
City Attorney Danly
35
36
Vice Mayor McDonnell
37
38
Council Member Healy
39
40
Mayor Barrett
41
42
Note: The Motion and Second below were made at the Monday, February 4,
43
2019 Regular City Council/PCDSA Meeting.
44
45
Motion: Approve A. Reconsideration of Adoption on January 28, 2019 of City
46
Council Resolution No. 2019-015 N.C.S. Entitled "Resolution of the City of Petaluma
47
City Council Rescinding and Replacing Resolution No. 2018-180 N.C.S. Adopted
48
December 3, 2018 and Upholding the Appeal Filed by JoAnn McEachin as to the
49
Mitigated Negative Declaration Approved by the Petaluma Planning Commission
50
on June 26, 2018 by Resolution No. 2018-21 A, Ordering the Preparation of an
51
Environmental Impact Report in Accordance with Section 15064, Subdivisions (c)
52
and (g) of the California Environmental Quality Act Guidelines and Staying the
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
5.
February 25, 2019
Planning Commission's Approval of the Site Plan and Architectural Review
Pursuant to Resolution No. 2018-21 B Adopted June 26, 2018 for the Safeway Fuel
Center Project Located at 335 South McDowell Boulevard, Assessor's Parcel. No.
007-820-046, File No. PLSR 13-0012, Pending Certification of the EIR and City
Council Review of the Project Site Plan and Architectural Review Approval."
Motion by Mike Healy, seconded by Dave King.
Vote: Motion carried 5-2
Yes:
Mike Healy; Gabe Kearney; Dave King;
Kevin McDonnell; Kathy Miller
No:
Teresa Barrett; D' Lynda Fischer
Abstain:
None
Absent:
None
Council Members Kearney and Miller returned to the dais.
NEW BUSINESS
A. Discussion and Direction Regarding Allocating Additional Housing Funds to PEP
Housing's Affordable Housing Development at 951 Petaluma Boulevard South.
(Castellucci)
Housing Administrator Sue Castellucci
Council Member Fischer
Ms. Castellucci
Council Member Fischer
Council Member King
Ms. Castellucci
City Attorney Danly
Council Member King
Ms. Castellucci
Council Member Healy
Ms. Castellucci
Council Member Healy
Ms. Castellucci
Council Member Healy
February 25, 2019
1
Ms. Castellucci
2
3
Vice Mayor McDonnell
4
5
Ms. Castellucci
6
7
Vice Mayor McDonnell
8
91
Ms. Castellucci
10
11
Vice Mayor McDonnell
12
13
Ms. Castelluccl
14
15
Council Member Miller
16
17
Ms. Castelluccl
18
19
Mayor Barrett
20
21
Ms. Castelluccl
22
23
City Attorney Danly
24
25
Mayor Barrett
26
27
Ms. Castelluccl
28
29
Mayor Barrett
30
31
City Attorney Danly
32
33
Council Member Kearney
34
35
City Attorney Danly
36
37
Council Member Kearney
38
39
Ms. Castellucci
40
41
Council Member Healy
42
43
Ms. Castelluccl
44
45
Mayor Barrett
46
47
Council Member King
48
49
Ms. Castellucci
50
51
Mayor Barrett
52
Vol. XX, Page 7
Vol. XX, Page 8 February 25, 2019
1
Mayor Barrett opened Public Comment on Item S.A.
2
3
Mary Stompe, Executive Director, PEP Housing, Petaluma
4
5
Mayor Barrett
6
7
Ms. Stompe
8
9
Mayor Barrett
10
11
Ms. Stompe
12
13
Mayor Barrett
14
15
Jim Wallen, Director of Development PEP Housing, provided construction
16
estimates for upcoming projects and the increasing costs to develop affordable
17
housing.
18
19
Jason Weiss, Boys and Girls Club, spoke in support of the PEP Housing and
20
reminded Council that there are other non -profits also requiring financial
21
assistance.
22
23
Seeing no other persons wishing to speak, Mayor Barrett closed Public
24
Comment on Item S.A.
25
26
Council Member Kearney
27
28
Ms. Castellucci
29
30
Mayor Barrett
31
32
Vice Mayor McDonnell
33
34
Ms. Castellucci
35
36
Mayor Barrett
37
38
Vice Mayor McDonnell
39
40
Council Member Healy
41
42
Council Member Fischer
43
44
Mayor Barrett
45
46
Council Member King
47
48
Ms. Castellucci
49
50
Mayor Barrett
51
52
Vice Mayor McDonnell
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
February 25, 2019
Ms. Castellucci
Vice Mayor McDonnell
Council Member Kearney
Ms. Castellucci
Council Member Miller
Ms. Castellucci
Council Member Miller
Ms. Castellucci
Council Member Healy
Ms. Stompe
Council Member Healy
Ms. Stompe
Council Member Healy
Ms. Stompe
Council Member Healy
Ms. Stompe
Council Member Healy
Mayor Barrett
Council Member Miller
Council Member Kearney
Ms. Castellucci
Council Member Kearney
Ms. Castellucci
Council Member Kearney
Ms. Stompe
Council Member Kearney
Vol. XX, Page 9
Vol. XX, Page, 10
February 25, 2019
Ms. Stompe
Council Member Kearney
Ms. Stompe
Council Member Kearney
Mayor Barrett confirmed that there was Council consensus to direct staff to fund
the financial gap of $1,500,000 for the River City Senior Apartments. This is to be
done via an allocation of $906,000 of the City's HOME funds, with the balance of
the $600,000 to come from other Housing Funds at staff discretion, while
preserving the In -Lieu Housing Fund balance.
Ms. Castelluccl
073=
B. Resolution Ratifying the Memorandum of Understanding, Effective January 1, 2018
- June 30, 2021, Executed by the Duly Authorized Representatives of the City of
Petaluma and the Peace Officers Association of Petaluma, Unit 6. (Reeve)
Human Resources Director Amy Reeve
Council Member Kearney
Director Reeve
Mayor Barrett opened Public Comment on Item 5.6,
Seeing no persons wishing to speak, Mayor Barrett closed Public Comment on
Item 5. B.
Motion: Approve B. Resolution 2019-030 N.C.S. Ratifying the Memorandum of
Understanding, Effective January 1, 2018 - June 30, 2021, Executed by the Duly
Authorized Representatives of the City of Petaluma and the Peace Officers
Association of Petaluma, Unit 6.
Motion by Gabe Kearney, seconded by Dave King.
Vote: Motion carried 7-0
Yes:
Teresa Barrett; D' Lynda Fischer; Mike Healy; Gabe Kearney;
Dave King; Kevin McDonnell; Kathy Miller
No:
None
Abstain:
None
Absent:
None
C. Proposed Settlement of Dispute with the Department of Finance over $8.7 million
in Obligations of the Former Petaluma Redevelopment Agency. (Danly)
February 25, 2019
Vol. XX, Page 11
I City Attorney Danly
2
3 Mayor Barrett opened Public Comment on Item S.C.
4
5 Seeing no persons wishing to speak, Mayor Barrett closed Public Comment on
6 Item S.C.
7
8 Council Member King
9
10 Mayor Barrett
11
12 Motion: Approve C. Version 4 of the Letter Proposing Settlement of Dispute with
13 the Department of Finance over $8.7 million in Obligations of the Former
14 Petaluma Redevelopment Agency.
15
16 Motion by D'Lynda Fischer, seconded by Dave King.
17
18 Vote: Motion carried 6-1
19
20 Yes: Teresa Barrett; D'Lynda Fischer; Mike Healy; Gabe Kearney;
21 Dave King; Kevin McDonnell
22 No: Kathy Miller
23 Abstain: None
24 Absent: None
25
26 City Attorney Danly
27
28 Mayor Barrett
29
30 Council Member Miller
31
32 COUNCIL COMMENT
33
34 Council Member Fischer
35
36 Mayor Barrett
37
38 Council Member Fischer
39
40 Council Member Healy
41
42 Council Member Kearney
43
44 Vice Mayor McDonnell
45
46 Mayor Barrett
47
48 Vice Mayor McDonnell
49
50 Council Member Miller
51
52 Council Member King
Vol. XX, 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
52
Mayor Barrett
CITY MANAGER COMMENT
City Manager Flynn
ADJOURN
February 25, 2019
The meeting was adjourned at 8:47 p.m. in memory of Robert F. "Bob" Mattel, who passed away
on February 13, 2019.
ATTEST:
Claire Cooper, CMC, City Clerk
Teresa Barrett, Mayor