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HomeMy WebLinkAboutCity Council/PCDC Minutes 09/12/2011 September 12, 2011 Vol. 46, Page 161 4c. U City of Petaluma, California MEETING OF THE CITY COUNCIL/ ®r PETALUMA COMMUNITY DEVELOPMENT COMMISSION 1858 1 City Council /PCDC Minutes 2 Monday, September 12, 2011 3 Regular Meeting 4 5 6 MONDAY, SEPTEMBER 12, 2011 7 CLOSED SESSION - 6:00 P.M. 8 9 CALL TO ORDER - CLOSED SESSION 10 11 A. Roll CaII 12 13 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; 14 Gabe Kearney; Tiffany Renee 15 Absent: None 16 17 18 CLOSED SESSION 19 20 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation 21 pursuant subdivision (b) of §54956.9 (California Government Code): one potential case. Existing facts 22 and circumstances that support that a significant exposure to litigation exists are reflected in requests 23 for additional compensation submitted by Kiewit Pacific Company to the City concerning the Ellis 24 Creek Water Recycling Facility project. Compensation requests will be made available for public 25 inspection on request. 26 27 • CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation 28 pursuant to subdivision (b) of §54956.9: One potential case. 29 30 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government 31 Code §54956.9: Baywood, LLC, vs. City of Petaluma, et al., Sonoma County Superior Court No. SCV 32 243426 - Added with Revision No. 1 - Thursday, September 8, 2011. 33 34 PUBLIC COMMENT ON CLOSED SESSION ITEMS 35 36 None. 37 38 ADJOURN TO CLOSED SESSION 39 40 41 42 43 44 45 Vol. 46, Page 162 September 12, 2011 1 MONDAY, SEPTEMBER 12, 2011 2 EVENING SESSION - 7:00 P.M. 3 4 CALL TO ORDER - EVENING SESSION 5 6 A. Roll Call 7 8 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; 9 Gabe Kearney; Tiffany Renee 10 Absent: None 11 12 B. Pledge of Allegiance 13 14 Terence Garvey, Petaluma 15 16 C. Moment of Silence 17 18 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA) 19 20 Mayor Glass asked that Item 6.A be heard next, as it was to be continued to a date certain. 21 22 City Attorney Danly 23 24 Mayor Glass 25 26 6. PUBLIC HEARING 27 28 A. Public Hearing to Adopt Resolution Ordering the Vacation and Abandonment of 29 a Portion of Cherry Street Adjacent to St. Vincent High School. (Bates) - Continued 30 from the August 1, 2011 City Council Meeting. 31 32 Mayor Glass 33 34 Motion: Approve Continue the item to the October 17, 2011 City Council /PCDC 35 Meeting. 36 37 Moved by Mike Harris, seconded by Chris Albertson. 38 39 Vote: Motion carried 7 -0. 40 41 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 42 Mike Healy; Gabe Kearney; Tiffany Renee 43 No: None 44 Abstain: None 45 Absent: None 46 47 PROCLAMATION 48 49 ® Petaluma Education Foundation Week - September 10 -17, 2011 50 51 Mayor Glass 52 September 12, 2011 Vol. 46, Page 163 1 PRESENTATION 2 3 o Sonoma County Library (Tim May) 4 5 Tim May, Sonoma County Library Commission 6 7 Vice Mayor Healy 8 9 Mr. May 10 11 Vice Mayor Healy 12 13 Mr. May 14 15 Vice Mayor Healy 16 17 Council Member Kearney 18 19 Mr. May 20 21 Council Member Renee 22 23 Mr. May 24 25 Council Member Renee 26 27 Mr. May 28 29 Council Member Renee 30 31 Mr. May 32 33 Council Member Renee 34 35 Mr. May 36 37 Council Member Renee 38 39 PUBLIC COMMENT 40 41 Zen Destiny, Petaluma, spoke about Planning Commission. 42 43 Steven Alcorta, Petaluma, spoke about the Petaluma Library budget, including cuts and 44 expenditures. 45 46 Tom Popenuck, Sonoma County Library Facilities Department, spoke about Library Commission 47 and public input on library matters. 48 49 Karen Guma, Petaluma, Sonoma County Library Employee, spoke about staffing levels and the 50 groups that will suffer from staffing cuts. 51 52 Peter Tscherneff, Petaluma, spoke about water and PG&E bills. Vol. 46, Page 164 September 12, 2011 1 2 Katherine Bobrowski, Petaluma, spoke about bottle rockets being used at Little Woods Mobile 3 Home Park, and about graffiti on 'D' Street Bridge. 4 5 Bryant Moynihan, Petaluma, spoke in opposition to the elimination of Police Captain's position. 6 7 Jim Fitzgerald, Petaluma, spoke in opposition to the elimination of Police Captain's position. 8 9 Don Smith, Petaluma, spoke in opposition to the elimination of Police Captain's position. 10 11 Terence Garvey, Petaluma, spoke in opposition to the elimination of Police Captain's position. 12 13 John Wertz, Petaluma, spoke in opposition to the elimination of Police Captain's position. 14 15 John Barella, Petaluma, spoke about lack of growth and development within the City. 16 17 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) 18 19 None. 20 21 COUNCIL COMMENT 22 23 Mayor Glass 24 25 Council Member Harris 26 27 Council Member Renee 28 29 Council Member Kearney 30 31 Council Member Barrett 32 33 Council Member Albertson 34 35 Mayor Glass 36 37 CITY MANAGER COMMENT 38 39 City Manager Brown 40 41. 1. APPROVAL OF MINUTES 42 43 A. Approval of Minutes of Regular City Council /PCDC Meeting of Monday, August 1, 44 2011. 45 46 Motion: Approve A:Minutes of Regular City Council /PCDC Meeting of Monday, 47 August 1, 2011, as presented. 48 49 Moved by Mike Healy, seconded by Gabe Kearney. 50 51 Vote: Motion carried 7 -0. 52 September 12, 2011 Vol. 46, Page 165 1 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 2 Mike Healy; Gabe Kearney; Tiffany Renee 3 No: None 4 Abstain: None 5 Absent: None 6 7 B. Approval of Minutes of Special City Council /PC DC Meeting of Wednesday, 8 August 24, 2011. 9 10 Motion: Approve A. Minutes of Special City Council /PCDC Meeting 11 of Wednesday, August 24, 2011, as corrected to indicate that 5 members of 12 Council were present for each item voted upon. 13 14 Moved by Gabe Kearney, seconded by Mike Healy. 15 16 Vote: Motion carried 5 -0. 17 18 Yes: Teresa Barrett; David Glass; Mike Healy; 19 Gabe Kearney; Tiffany Renee 20 No: None 21 Abstain: Chris Albertson; Mike Harris 22 Absent: None 23 24 2. APPROVAL OF PROPOSED AGENDAS 25 26 A. Approval of Proposed Agenda for Regular City Council /PCDC Meeting 27 of Monday, September 19, 2011. 28 29 Public Comment on Item 2.A 30 31 Zen Destiny, Petaluma, spoke about procedural problems with the Council 32 Meetings. 33 34 Mayor Glass 35 36 Council Member Barrett 37 38 Motion: Approve A. Proposed Agenda for Regular City Council /PCDC Meeting 39 of Monday, September 19, 2011, as amended to place General Public Comment, 40 Council Comment, and City Manager Comment at the end of the meeting. 41 42 Moved by Teresa Barrett, seconded by Mike Healy. 43 44 Vote: Motion carried 7 -0. 45 46 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 47 Mike Healy; Gabe Kearney; Tiffany Renee 48 No: None 49 Abstain: None 50 Absent: None 51 52 Vol. 46, Page 166 September 12, 2011 1. 3. CONSENT CALENDAR 2 3 A. Resolution 2011 -126 N.C.S. Approving Claims and Bills for July 2011. (Mushallo) 4 5 B. Resolution 2011 -127 N.C.S. Authorizing the Petaluma Police Department to Apply 6 for and Accept Edward Byrne Memorial Justice Assistance Grant (JAG) Program 7 FY 2011 Local Solicitation Funds for the Purchase of Mobile Enforcement Devices 8 for the Parking Enforcement Program. (Fish /Christensen) 9 10 C. Resolution 2011 -128 N.C.S. Approving the Professional Services Agreement with 11 Mead & Hunt for the Aircraft Parking Apron Phase I and the Southwest Taxiway 12 Pavement Rehabilitation Design. (Patterson) 13 14 D. Resolution 2011 -129 N.C.S. Authorizing the City Manager to Execute Amendment 15 No. 1 to the Cooperative Funding Agreement between the Sonoma County 16 Transportation Authority (SCTA) and the City of Petaluma for the Old Redwood 17 Highway Interchange Project C00501304 Project. (Zimmer) 18 19 E. Adoption (Second Reading) of Ordinance 2415 N.C.S. (General Fund), Ordinance 20 2416 N.C.S. (Enterprise Funds), Ordinance 2417 N.C.S. (Internal Service Funds), 21 Ordinance 2418 N.C.S. (Special Revenues and Trust Funds), and Ordinance 2419 22 N.C.S. (Capital Projects and Debt Funds) Appropriating Funds for the Operation of 23 the City of Petaluma from July 1, 2011 through June 30, 2012. ( Mushallo) - Added 24 with Revision No. 1 - Thursday, September 8, 2011. 25 26 Vice Mayor Healy 27 28 Larry Zimmer, Public Works Engineering Manager 29 30 Mayor Glass 31 32 Council Member Albertson 33 34 Bob Patterson, Petaluma Airport Manager 35 36 Council Member Albertson 37 38 City Manager Brown 39 40 Council Member Albertson 41 42 Public Comment on CONSENT CALENDAR 43 44 Bryant Moynihan, Petaluma, spoke about mistakes in the budget. 45 46 Zen Destiny, Petaluma, spoke about elimination of Police Captain's position, and golden 47 handshakes. 48 49 Motion: Approve CONSENT CALENDAR Items 3.A. 3.B, 3.C, 3.D and 3.E. 50 51 Moved by Gabe Kearney, seconded by Mike Healy. 52 September 12, 2011 Vol. 46, Page 167 1 Vote: Motion carried 7 -0. 2 3 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 4 Mike Healy; Gabe Kearney; Tiffany Renee 5 No: None 6 Abstain: None 7 Absent: None 8 9 4. UNFINISHED BUSINESS 10 11 A. FY 2011 2012 City of Petaluma and Pc 12 __ ... 13 14 ` - - - _ . . • e e - - - - 15 16 2) Adoption of City Budget Resolutions and FY 2011 12 FY 2011 12 City 17 • - --- - e ■ A- - - e -- * ■ - ;e, 18 3) First (or Second) Reading of FY 2011 2012 City Appropriations Ordinances; 19 aid 20 1) Adoption of PCDC Budget Resolution for FY 2011 2012; and, • 21 • eee - e - - - - = -- • ee -- - - - • - - _ 22 Current Department Expenses Until the Annual Appropriation is In Force. 23 24 - Because the Fiscal Year 2011 -2012 Petaluma City Council /PCDC Budget 25 was approved by the City Council at the Tuesday, September 6, 2011 Special 26 Meeting, this item was not necessary. The Adoption (Second Reading) of the 27 Non - Urgency Appropriations Ordinances was added as CONSENT CALENDAR 28 Item 3.E above. 29 30 5. NEW BUSINESS 31 32 A. Resolution 2011 -130 N.C.S. Naming the Historic Livery Stable on McNear Peninsula 33 the "David Yearsley River Heritage Center" and Presentation of Proclamation. 34 (Glass) 35 36 Mayor Glass 37 38 Public Comment on Item 5.A 39 40 Zen Destiny, Petaluma, spoke about lack of recognition of cultural diversity in 41 naming the Heritage Center. 42 43 Mayor Glass 44 45 John Barella, Petaluma, spoke about the River Heritage Center being the location 46 of his first office. 47 48 Mayor Glass 49 50 Motion: Approve A. Resolution 2011 -130 N.C.S. Naming the Historic Livery Stable 51 on McNear Peninsula the "David Yearsley River Heritage Center." 52 Vol. 46, Page 168 September 12, 201 'I 1 Moved by Tiffany Renee, seconded by Chris Albertson. 2 3 Vote: Motion carried 7 -0. 4 5 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 6 Mike Healy; Gabe Kearney; Tiffany Renee 7 No: None 8 Abstain: None 9 Absent: None 10 11 Mayor Glass 12 13 B. Adoption of PCDC Resolution 2011 -14 Determining the Necessity of Expending 14 Funds for Planning and Administration of FY 2011 -2012 Low and Moderate Income 15 Housing Projects; Adoption of Joint City Council /PCDC Resolution 2011 -131 16 N.C.S. Adopting Findings for Use of Low and Moderate Income Housing Funds 17 Outside the Merged Project Area; Adoption of PCDC Resolution 2011 -15 Adopting 18 Findings and Authorizing the Expenditure of $5,310,000 in Tax Increment Funds in 19 the Merged Project Area; Adoption of Resolution 2011 -132 N.C.S. Adopting 20 Findings and Consenting to the Expenditure of $5,310,000 in Tax Increment Funds 21 in the Merged Project Area. (Castellucci /Brown) 22 23 Housing Administrator Bonne Gaebler 24 25 Mayor Glass 26 27 Ms. Gaebler 28 29 Mayor Glass 30 31 Vice Mayor Healy 32 33 City Attorney Danly 34 35 Vice Mayor Healy 36 37 Motion: Approve B. Adoption of PCDC Resolution 2011 -14 Determining the 38 Necessity of Expending Funds for Planning and Administration of FY 2011 -2012 39 Low and Moderate Income Housing Projects; Adoption of Joint City 40 Council /PCDC Resolution 2011 -131 N.C.S. Adopting Findings for Use of Low and 41 Moderate Income Housing Funds Outside the Merged Project Area; Adoption of 42 PCDC Resolution 2011 -15 Adopting Findings and Authorizing the Expenditure of 43 $5,310,000 in Tax Increment Funds in the Merged Project Area; Adoption of 44 Resolution 2011 -132 N.C.S. Adopting Findings and Consenting to the Expenditure 45 of $5,310,000 in Tax Increment Funds in the Merged Project Area. 46 47 Moved by Mike Healy, seconded by Gabe Kearney. 48 49 Vote: Motion carried 7 -0. 50 51 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 52 Mike Healy; Gabe Kearney: Tiffany Renee September 12, 2011 Vol. 46, Page 169 1 No: None 2 Abstain: None 3 Absent: None 4 5 C. Resolution 2011 -133 N.C.S. Approving a Rate Adjustment for the Four Executive 6 Hangars at the Petaluma Municipal Airport. (Patterson) 7 8 Mayor Glass 9 10 Bob Patterson, Petaluma Airport Manager 11 12 Mayor Glass 13 14 Mr. Patterson 15 16 Mayor Glass 17 18 Motion: Approve C. Resolution 2011 -133 N.C.S. Approving a Rate Adjustment for 19 the Four Executive Hangars at the Petaluma Municipal Airport. 20 21 Moved by David Glass, seconded by Gabe Kearney. 22 23 Vote: Motion carried 7 -0. 24 25 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 26 Mike Healy; Gabe Kearney; Tiffany Renee 27 No: None 28 Abstain: None 29 Absent: None 30 31 D. Resolution 2011 -134 N.C.S. Approving Response Letter to Sonoma County Grand 32 Jury's Final Report for FY 2010/11. (Brown) 33 34 Mayor Glass 35 36 City Manager Brown 37 38 Mayor Glass 39 40 Vice Mayor Healy 41 42 Mayor Glass 43 44 Council Member Barrett 45 46 Mayor Glass 47 48 Council Member Barrett 49 50 City Manager Brown 51 52 Council Member Barrett Vol. 46, Page 170 September 12, 2011 1 2 City Manager Brown 3 4 Council Member Barrett 5 6 Mayor Glass 7 8 Council Member Barrett 9 10 Council Member Albertson 11 12 Mayor Glass 13 14 Council Member Renee 15 16 Mayor Glass 17 18 Public Comment on Item 5.D 19 20 Zen Destiny, Petaluma, spoke about potholes and cost of the war to the County. 21 22 Mayor Glass 23 24 Council Member Kearney 25 26 Motion: Approve D. Resolution 2011 -134 N.C.S. Approving Response Letter to 27 Sonoma County Grand Jury's Final Report for FY 2010/11, with amendments 28 suggested by Vice Mayor Healy. 29 30 Moved by Gabe Kearney, seconded by Tiffany Renee. 31 32 Vote: Motion carried 7 - 0. 33 34 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 35 Mike Healy; Gabe Kearney; Tiffany Renee 36 No: None 37 Abstain: None 38 Absent: None 39 40 E. Development Impact Fee Review. (Brown /Duiven) 41 42 Mayor Glass 43 44 Scott Duiven, Senior Planner 45 46 City Manager Brown 47 48 Mayor Glass 49 50 City Attorney Danly 51 52 Mr. Duiven September 12, 2011 Vol. 46, Page 171 1 2 Mayor Glass 3 4 Mr. Duiven 5 6 Mayor Glass 7 8 Mr. Duiven 9 10 Mayor Glass 11 12 Council Member Albertson 13 14 Mr. Duiven 15 16 Council Member Albertson 17 18 Mr. Duiven 19 20 Council Member Harris 21 22 Mr. Duiven 23 24 Council Member Harris 25 26 Mr. Duiven 27 28 Council Member Barrett 29 30 Council Member Harris 31 32 Council Member Renee 33 34 Mayor Glass 35 36 Mr. Duiven 37 38 Public Comment on Item 5.E 39 40 James Manley, Petaluma, spoke in support of lowering development impact fees. 41 42 Zen Destiny, Petaluma, spoke about tourism and taxation. 43 44 Mayor Glass 45 46 Steve von Raesfeld, Petaluma, spoke about the development impact fee matrix. 47 48 Mayor Glass 49 50 Larry Jonas, Petaluma, spoke in support of lowering development impact fees. 51 52 Mayor Glass Vol. 46, Page 172 September 12, 2011 1 2 John Barella, Petaluma, spoke in support of lowering development impact fees. 3 4 Mayor Glass 5 6 Mr. Duiven 7 8 Mayor Glass 9 10 Council Member Harris 11 12 Mayor Glass 13 14 City Manager Brown 15 16 Mayor Glass 17 18 Mr. Duiven 19 20 Mayor Glass 21 22 Council Member Barrett 23 24 Mr. Duiven 25 26 Council Member Barrett 27 28 Vice Mayor Healy 29 30 Mr. Duiven 31 32 Mayor Glass 33 34 Mr. Duiven 35 36 Mayor Glass 37 38 Vice Mayor Healy 39 40 Mayor Glass 41 42 Mr. Duiven 43 44 Mayor Glass 45 46 Mr. Duiven 47 48 Mayor Glass 49 50 Mr. Duiven 51 52 Mayor Glass September 12, 2011 Vol. 46, Page 173 1 2 Mr. Duiven 3 4 Mayor Glass 5 6 Council Member Barrett 7 8 Mr. Duiven 9 10 Council Member Barrett 11 12 Council Member Harris 13 14 Mr. Duiven 15 16 Mayor Glass 17 18 Vice Mayor Healy 19 20 Mr. Duiven 21 22 Vice Mayor Healy 23 24 Council Member Kearney 25 26 Mayor Glass 27 28 Vice Mayor Healy 29 30 Mayor Glass 31 32 Council Member Albertson 33 34 Mr. Duiven 35 36 Council Member Albertson 37 38 Mr. Duiven 39 40 City Attorney Danly 41 42 Vice Mayor Healy 43 44 Mayor Glass 45 46 Council Member Barrett 47 48 Mayor Glass 49 50 Mr. Duiven 51 52 Mayor Glass Vol. 46, Page 174 September 12, 2011 1 2 Mr. Duiven 3 4 Mayor Glass 5 6 Council Member Barrett 7 8 Council Member Harris 9 10 Council Member Renee 11 12 Mayor Glass 13 14 Vice Mayor Healy 15 16 Mayor Glass 17 18 Mr. Duiven 19 20 Mayor Glass 21 22 Council Member Harris 23 24 City Manager Brown 25 26 Mayor Glass 27 28 Mr. Duiven 29 30 Vice Mayor Healy 31 32 Council Member Barrett 33 34 Mayor Glass 35 36 City Manager Brown 37 38 Mayor Glass 39 40 Council Member Albertson 41 42 Mayor Glass 43 44 Council Member Barrett 45 46 Council Member Albertson 47 48 Mayor Glass 49 50 Vice Mayor Healy 51 52 Mayor Glass September 12, 2011 Vol. 46, Page 175 1 2 Mr. Duiven 3 4 Remleh Scherzinger, Water Resources and Conservation Engineering Manager 5 6 Council Member Barrett 7 8 Mr. Scherzinger 9 10 Council Member Barrett 11 12 Mr. Scherzinger 13 14 Council Member Barrett 15 16 Mr. Scherzinger 17 18 Council Member Barrett 19 20 Mayor Glass 21 22 Mr. Scherzinger 23 24 Mayor Glass 25 26 Mr. Scherzinger 27 28 Mayor Glass 29 30 Mr. Scherzinger 31 32 Mayor Glass 33 34 Mr. Scherzinger 35 36 Mayor Glass 37 38 Mr. Scherzinger 39 40 Mayor Glass 41 42 Vice Mayor Healy 43 44 Mayor Glass 45 46 Mr. Scherzinger 47 48 Mayor Glass 49 50 Vice Mayor Healy 51 52 Mayor Glass Vol. 46, Page 176 September 12, 2011 1 2 Mr. Duiven 3 4 Council Member Harris 5 6 Mr. Duiven 7 8 Council Member Kearney 9 10 Council Member Albertson 11 12 Mayor Glass 13 14 Council Member Barrett 15 16 Pamela Tuft, Special Projects Manager, Water Resources and Conservation 17 18 Council direction to staff to move forward on what can be done to incentivize 19 development by reducing impact fees without creating General Plan 20 complications. 21 22 ADJOURN 23 24 Motion: Adjourn the meeting. 25 26 Moved by Tiffany Renee, seconded by David Glass. 27 28 Vote: Motion carried 7 -0. 29 30 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 31 Mike Healy; Gabe Kearney; Tiffany Renee 32 No: None 33 Abstain: None 34 Absent: None 35 36 The meeting was adjourned at 10:56 p.m. 37 38 39 40 41 42 43 44 Davit Glass, Mayor 45 46 ATTEST: 47 48 49 I ' 50 51. Claire Cooper, CMC, City Clerk 52