HomeMy WebLinkAboutCity Council/PCDC Minutes 09/19/2011 September 19, 2011 Vol. 46, Page 177
4S Ps- U City of Petaluma, California
a MEETING OF THE CITY COUNCIL/
• ® PETALUMA COMMUNITY DEVELOPMENT COMMISSION
1859
1 City Council /PCDC Minutes
2 Monday, September 19, 2011
3 Regular Meeting
4
5
6 MONDAY, SEPTEMBER 19, 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 Section 54956.9 (California Government Code): one potential case. Existing
22 facts and circumstances that support that a significant exposure to litigation exists are reflected in
23 requests for additional compensation submitted by Kiewit Pacific Company to the City concerning the
24 Ellis Creek Water Recycling Facility project. Compensation requests will be made available for public
25 inspection on request.
26 0 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant exposure to litigation
27 pursuant to subdivision (b) of Section 54956.9: One potential case.
28 • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Subdivision (a) of California Government
29 Code Section 54956.9: Baywood, LLC, vs. City of Petaluma, et al., Sonoma County Superior Court No.
30 SCV 243426. • 32 •_ - - !- - - -e - - - = e • - : - ' _ - • • - - - - - - . - - == a -- - -
33 - -- ' -= - - -- - - - - - - -- -' - --
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35 - - = - -- =- - = -- - -- -' - -- • - -- - - - -
36 Public Safety Mid Managers. - This item was removed with Revision No. 1 - Thursday, September 15,
37 2011.
38
39 Mayor Glass
40
41 PUBLIC COMMENT ON CLOSED SESSION ITEMS
42
43 None.
44
45 ADJOURN TO CLOSED SESSION
46
Vol. 46, Page 178 September 19, 2011
1 MONDAY, SEPTEMBER 19, 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 Council Member Albertson
15
16 C. Moment of Silence
17
18 AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA)
19
20 None.
21
22 PRESENTATION
23
24 ® Fireworks After- Action Report
25
26 Fire Marshal Cary Fergus
27
28 Mayor Glass
29
30 Council Member Renee
31
32 Fire Marshal Fergus
33
34 Council Member Renee
35
36 Fire Marshal Fergus
37
38 Mayor Glass
39
40 Public Comment on Presentation
41
42 Zen Destiny, Petaluma, spoke in opposition to fireworks being sold in Petaluma due to public
43 safety issues.
44
45 Richard Inman, Petaluma, Secretary, McDowell Drug Task Force, spoke about the
46 importance of income generated by the sale of fireworks.
47
48 Paul Morris, Petaluma, McDowell Drug Task Force, spoke in favor of fireworks sales and stated
49 that all the profits go right back into the community.
50
September 19, 2011 Vol. 46, Page 179
1 Cleve Masad, Petaluma, McDowell Drug Task Force, stated that it would be beneficial to
2 Petaluma if there was a fifth day to sell fireworks as there is in Rohnert Park, as their sales
3 negatively impact Petaluma's..
4
5 Dick Sharke, Petaluma, McDowell Drug Task Force, explained how the proceeds from
6 fireworks sales are used throughout the community.
7
8 Larry Finkel, Petaluma, Assistant Director, McDowell Drug Task Force, spoke about
9 importance of fifth day of fireworks sales. He stated the additional day of sales helps support
10 community programs such as DARE.
11
12 Dennis Revell, Revell Communications, spoke on behalf of his client TNT Fireworks. He stated
13 that enforcement and staffing levels should be the focus as this reduces negative fireworks
14 issues.
15
16 Katherine Bobrowski, Petaluma, spoke regarding problems with illegal fireworks in her mobile
17 home park.
18
19 Mayor Glass
20
21 Vice Mayor Healy
22
23 Mayor Glass
24
25 Fire Marshal Fergus
26
27 Mayor Glass
28
29 Council Member Albertson
30
31 Fire Marshal Fergus
32
33 Council Member Albertson
34
35 Fire Marshal Fergus
36
37 Council Member Harris
38
39 Fire Marshal Fergus
40
41 Council Member Harris
•
42
43 Fire Marshal Fergus
44
45 REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
46
47 None.
48
49 Mayor Glass
50
51
52
Vol. 46, Page 180 September 19, 2011
1 1. APPROVAL OF MINUTES
2
3 A. Approval of Minutes of Special City Council /PCDC Meeting of Tuesday,
4 September 6, 2011.
5
6 Motion: Approve A. Minutes of Special City Council /PCDC Meeting of Tuesday,
7 September 6, 2011, as presented.
8
9 Moved by Teresa Barrett, seconded by Mike Healy.
10
11 Vote: Motion carried 7 -0.
12
13 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
14 Mike Healy; Gabe Kearney; Tiffany Renee
15 No: None
16 Abstain: None
17 Absent: None
18
19 B. Approval of Minutes of Regular City Council /PCDC Meeting of Monday,
20 September 12, 2011. - Added with Revision No. 1 - Thursday, September 15, 2011.
21
22 Public Comment on Item 1.B
23
24 Zen Destiny, Petaluma, spoke about the August 24th meeting's minutes.
25
26 Motion: Approve B. Minutes of Regular City Council /PCDC Meeting of Monday,
27 September 12, 2011, as presented.
28
29 Moved by Gabe Kearney, seconded by Mike Healy.
30
31 Vote: Motion carried 7 -0.
32
33 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
34 Mike Healy; Gabe Kearney; Tiffany Renee
35 No: None
36 Abstain: None
37 Absent: None
38
39 2. APPROVAL OF PROPOSED AGENDA
40
41 A. Approval of Proposed Agenda for Regular City Council /PCDC Meeting
42 of Monday, October 3, 2011.
43
44 Council Member Harris
45
46 Mayor Glass
47
48 Council Member Barrett
49
50 Mayor Glass
51
September 19, 2011 Vol. 46, Page 181
1 Motion: Approve A. Proposed Agenda for Regular City Council /PCDC Meeting
2 of Monday, October 3, 2011, as presented, with confirmation that the
3 International Walk and Roll to School Day - October 5, 2011 Proclamation would
4 be included.
5
6 Moved by Teresa Barrett, seconded by Gabe Kearney.
7
8 Vote: Motion carried 7 -0.
9
10 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
11 Mike Healy; Gabe Kearney; Tiffany Renee
12 No: None
13 Abstain: None
14 Absent: None
15
16 3. CONSENT CALENDAR
17
18 A. Resolution 2011 -135 N.C.S. to Receive and File the City Treasurer's Report for the
19 Period Ending June 30, 2011. (Mushallo)
20
21 B. Resolution 2011 -136 N.C.S. Setting the Gann Appropriations Limit for FY 2011 -2012.
22 (Mushallo)
23
24 C. Resolution 2011 -137 N.C.S. Approving Agreement Between Sonoma -Marin Area
25 Rail Transit District (SMART) and City of Petaluma to Allow City of Petaluma to Act
26 as a Pass Through Agency for a $427,500 Federal Earmark for SMART Rail Projects.
27 (Rye)
28
29 D. PCDC Resolution 2011 -16 Accepting Completion of the Construction Contract for
30 the Auto Center Drive Extension. (Zimmer /Nguyen) - Removed for discussion.
31
32 E. Resolution 2011 -138 N.C.S. Accepting Completion of the Construction Contract
33 for the Energy Efficiency and Conservation Block Grant HVAC Retrofit Project.
34 (Ramirez)
35
36 F.
38 - - • • - - - - - • - • - - •• - • ` - . • - • - - This item was
39 moved to PUBLIC HEARINGS as Item S.B.
40
41 G. Resolution 2011 -139 N.C.S. A Non - Binding Resolution of the City Council of the
42 City of Petaluma Declaring its Intent to Participate in the Voluntary Alternative
43 Redevelopment Program. (Alverde) - Added with Revision No. 1 - Thursday,
44 September 15, 2011.
45
46 Public Comment on Consent Calendar
47
48 Zen Destiny, Petaluma, spoke about the SMART Train.
49
50 Mayor Glass asked to remove Item 3.D for discussion.
51
52 Motion: Approve CONSENT CALENDAR Items 3.A, 3.B, 3.C, 3.E, and 3.G.
Vol. 46, Page 182 September 19, 2011
1
2 Moved by Teresa Barrett, seconded by Mike Healy.
3
4 Vote: Motion carried 7 -0.
5
6 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
7 Mike Healy; Gabe Kearney; Tiffany Renee
8 No: None
9 Abstain: None
10 Absent: None
11
12 Mayor Glass
13
14 City Manager Brown
15
16 Mayor Glass
17
18 City Manager Brown
19
20 Motion: Approve D. PCDC Resolution 2011 -16 Accepting Completion of the Construction
21 Contract for the Auto Center Drive Extension.
22
23 Moved by Tiffany Renee, seconded by Teresa Barrett.
24
25 Vote: Motion carried 7 -0.
26
27 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
28 Mike Healy; Gabe Kearney; Tiffany Renee
29 No: None
30 Abstain: None
31 Absent: None
32
33 4. NEW BUSINESS
34
35 A. Discussion and Direction Regarding the Replacement and /or Modification of
36 Twenty -Six Left Turn Protected /Permissive Intersections. (Zimmer)
37
38 Larry Zimmer, Public Works Engineering Manager
39
40 Ron Klein, Police Officer
41
42 Mayor Glass
43
44 Vice Mayor Healy
45
46 Allan Tilton, W- Trans, Santa Rosa
47
48 Vice Mayor Healy
49
50 Mr. Tilton
51
September 19, 2011 Vol. 46, Page 183
1 Motion: Approve Direction to staff to proceed with the recommendations
2 included in the staff report.
3
4 Moved by Teresa Barrett, seconded by Mike Healy.
5
6 Vote: Motion carried 7 -0.
7
8 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
9 Mike Healy; Gabe Kearney; Tiffany Renee
10 No: None
11 Abstain: None
12 Absent: None
13
14 5. PUBLIC HEARINGS
15
16 A. Resolution 2011 -140 N.C.S. Approving the Issuance by the California Municipal
17 Finance Agency of Multifamily Housing Revenue Bonds for the Purpose of
18 Financing the Acquisition and Construction of Logan Place Apartments.
19 (Brown /Gaebler)
20
21 Housing Administrator Bonne Gaebler
22
23 Mayor Glass
24
25 Council Member Albertson
26
27 Ms. Gaebler
28
29 Mayor Glass opened the PUBLIC HEARING.
30
31 Zen Destiny, Petaluma, spoke about taxation and building.
32
33 Seeing no other individuals wishing to speak, Mayor Glass closed the PUBLIC
34 HEARING.
35
36 Mayor Glass
37
38 Ms. Gaebler
39
40 Motion: Approve A. Resolution 2011 -140 N.C.S. Approving the Issuance by the
41 California Municipal Finance Agency of Multifamily Housing Revenue Bonds for
42 the Purpose of Financing the Acquisition and Construction of Logan Place
43 Apartments.
44
45 Moved by Mike Healy, seconded by Tiffany Renee.
46
47 Vote: Motion carried 7 -0.
48
49 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
50 Mike Healy; Gabe Kearney; Tiffany Renee
51 No: None
52 Abstain: None
Vol. 46, Page 184 September 19, 201 1
1 Absent: None
2
3 B. Resolution 2011 -141 N.C.S. Authorizing the Allocation of FY 2011 -12 Supplemental
4 Law Enforcement Service Funds (SLESF) $100,000 for the Computer Aided
5 Dispatch /Records Management System (CAD /RMS). (Mushallo) - This was
6 previously CONSENT CALENDAR Item 3.F.
7
8 Finance Director Bill Mushallo
9
10 Council Member Albertson
11
12 Director Mushallo
13
14 Council Member Albertson
15
16 Mayor Glass opened the PUBLIC HEARING.
17
18 Seeing no individuals wishing to speak, Mayor Glass closed the PUBLIC HEARING.
19
20 Motion: Approve B. Resolution 2011 -141 N.C.S. Authorizing the Allocation of FY
21 2011 -12 Supplemental Law Enforcement Service Funds (SLESF) $100,000 for the
22 Computer Aided Dispatch /Records Management System (CAD /RMS).
23
24 Moved by Teresa Barrett, seconded by Chris Albertson.
25
26 Vote: Motion carried 7 -0.
27
28 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
29 Mike Healy; Gabe Kearney; Tiffany Renee
30 No: None
31 Abstain: None
32 Absent: None
33
34 C. Resolution 2011 -142 N.C.S. Upholding the Appeal by Regency Centers of the
35 Planning Commission's Denial of Modifications to the Previously Approved Site
36 Plan and Architectural Review Plans for the East Washington Place Project
37 Located at 980 East Washington Street; APNs 007 - 031 -001, 007 - 241 -002, 007 -251-
38 001, 007 - 473 -040. (Bradley /Hines) - This item was renumbered from Item 5.B with
39 Revision No. 1 - Thursday, September 15, 2011.
40
41 Mayor Glass recused himself and left the dais.
42
43 Vice Mayor Healy
44
45 Geoff Bradley, Planning Manager
46
47 Council Member Renee
48
49 Mr. Bradley
50
51 Council Member Barrett
52
September 19, 2011 Vol. 46, Page 185
1 Mr. Bradley
2
3 Council Member Barrett
4
5 Mr. Bradley
6
7 Council Member Renee
8
9 Mr. Bradley
10
11 Council Member Renee
12
13 Mr. Bradley
14
15 Council Member Renee
16
17 Mr. Bradley
18
19 Council Member Barrett
20
21 Mr. Bradley
22
23 Council Member Renee
24
25 Council Member Barrett
26
27 Mr. Bradley
28
29 Council Member Barrett
30
31 Mr. Bradley
32
33 Council Member Albertson
34
35 Mr. Bradley
36
37 Council Member Albertson
38
39 Vice Mayor Healy
40
41 Ryan Nickelson, Regency Centers, Walnut Creek
42
43 Council Member Albertson
44
45 Mr. Nickelson
46
47 Council Member Albertson
48
49 Mr. Nickelson
50
51 Council Member Albertson
52
Vol. 46, Page 186 September 19, 2011
1 Vice Mayor Healy
2
3 Mr. Nickelson
4
5 Council Member Renee
6
7 Mr. Nickelson
8
9 Council Member Renee
10
11 Council Member Kearney
12
13 Mr. Nickelson
14
15 Council Member Kearney
16
17 Mr. Nickelson
18
19 Council Member Barrett
20
21 Mr. Nickelson
22
23 Council Member Barrett
24
25 Mr. Nickelson
26
27 Council Member Barrett
28
29 Mr. Nickelson
30
31 Vice Mayor Healy opened the PUBLIC HEARING.
32
33 Zen Destiny, Petaluma, spoke about the Planning Commission and development.
34
35 Council Member Renee
36
37 Holly Wick, Petaluma, owner of Athletic Soles, spoke on her concerns of "hit and
38 run" retail and the impact of the Regency Project on the downtown community.
39
40 J.T. Wick, Petaluma, spoke of negative impact of big box stores on Petaluma.
41
42 Dame Rahal, Petaluma, co -owner of Athletic Soles, brought forward a petition
43 signed by residents that do not support large big box stores within the Regency
44 Project.
45
46 Dennis Elias, Petaluma, Planning Commission Member, spoke in defense of two
47 Planning Commission members recusing themselves from Regency business. He
48 urged the Council to deny the Regency appeal.
49
50 Seeing no other individuals wishing to speak, Vice Mayor Healy closed the PUBLIC
51 HEARING.
52
September 19, 2011 Vol. 46, Page 187
1 Mr. Bradley
2
3 Vice Mayor Healy
4
5 Mr. Bradley
6
7 Vice Mayor Healy
8
9 Mr. Bradley
10
11 Council Member Harris
12
13 Mr. Bradley
14
15 Council Member Harris
16
17 Council Member Barrett
18
19 Mr. Bradley
20
21 Council Member Barrett
22
23 Mr. Bradley
24
25 Council Member Barrett
26
27 Vice Mayor Healy
28
29 Council Member Barrett
30
31 Mr. Bradley
32
33 Council Member Kearney
34
35 Mr. Bradley
36
37 Council Member Kearney
38
39 Mr. Nickelson
40
41 Council Member Barrett
42
43 Mr. Nickelson
44
45 Council Member Barrett
46
47 Council Member Albertson
48
49 Mr. Nickelson
50
51 Council Member Albertson
52
Vol. 46, Page 188 September 19, 2011
1 Vice Mayor Healy
2
3 Council Member Albertson
4
5 Council Member Barrett
6
7 Vice Mayor Healy
8
9 Mr. Nickelson
10
11 Vice Mayor Healy
12
13 Mr. Nickelson
14
15 Council Member Renee
16
17 Mr. Nickelson
18
19 Council Member Albertson
20
21 Mr. Nickelson
22
23 Council Member Albertson
24
25 Vice Mayor Healy
26
27 Council Member Renee
28
29 Council Member Harris
30
31 Council Member Kearney
32
33 Council Member Renee
34
35 Vice Mayor Healy
36
37 Council Member Albertson
38
39 Vice Mayor Healy
40
41 Mr. Bradley
42
43 Motion: Approve C. Resolution 2011 -142 N.C.S. Upholding the Appeal by
44 Regency Centers and Approving the Modified Site Plan and Architectural Plans
45 for East Washington Place Located at 980 East Washington Street; APNs 007 -031-
46 001, 007 - 241 -002, 007 - 251 -001, 007 - 473 -040.
47
48 Moved by Chris Albertson, seconded by Mike Harris.
49
50 Vote: Motion carried 4 - 2.
51
52 Yes: Chris Albertson: Mike Harris; Mike Healy; Gabe Kearney
September 19, 2011 Vol. 46, Page 189
1 No: Teresa Barrett, Tiffany Renee
2 Abstain: David Glass;
3 Absent: None
4
5 PUBLIC COMMENT
6
7 Katherine Bobrowski, Petaluma, spoke about people parking in the fire lane at her mobile home
8 park.
9
10 Zen Destiny, Petaluma, spoke against moving general public comment to the end of meetings.
11
12 Stephanie Glen, Petaluma, spoke in support of having general public comment at the end of
13 the meeting.
14
15 COUNCIL COMMENT
16
17 Council Member Harris
18
19 Council Member Kearney
20
21 Council Member Barrett
22
23 City Manager Brown
24
25 Council Member Barrett
26
27 Council Member Albertson
28
29 Council Member Renee
30
31 Vice Mayor Healy
32
33 ADJOURN
34
35 Motion: Adjourn the meeting.
36
37 Moved by Tiffany Renee, seconded by Gabe Kearney.
38
39 Vote: Motion carried 6 -0.
40
41 Yes: Chris Albertson; Teresa Barrett; Mike Harris;
42 Mike Healy; Gabe Kearney; Tiffany Renee
43 No: None
44 Abstain: None
45 Absent: David Glass
46
47
48 The meeting was adjourned at 10:13 p.m. in memory of Beth Grimes, Petaluma, and George
49 Wissing, Iowa, Father -in -Law of Council Member Mike Healy.
50
51
52
Vol. 46, Page 190 September 19, 2011
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4 David 'Glass, Mayor
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6 ATTEST:
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11 Claire Cooper, CMC, City CI
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