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HomeMy WebLinkAboutStaff Report 1.A 02/06/2012 • Ag •r4w Ite'n'v# 1 .A ate), City of Petaluma, Galiforn_is w z r MEETING OF THE CITY COUNCIL/ "-el _ ea - PETALUMA COMMUNITY'DEVELOPMENT COMMISSION 1859 1 Draff City Council/PCDC Minutes 2 Monday, January 23, 2012 3 Regular Meeting 4 5 6 MONDAY, JANUARY 23, 2012 7 CLOSED SESSION -5:30•P.M. 8 9 CALL TO ORDER - CLOSED SESSION 10 11 A. Roll Call 12 13 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy; 14 Gabe Kearney; Tiffany Renee 15 Absent: None 16 17 CLOSED SESSION 18 • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6. 19 Agency Designated Representatives: John Brown, Scott Brodhun, and PamalaStephens. Employee 20 Organizations: AFSCME Unit 1 -Confidential, Unit 2-Maintenance, Unit 3-Clerical/Technical, Petaluma 21 Professional & Mid-Manager Association Unit 4-Professional, Unit 9-Mid-Managers, and Unit 11 - 22 Confidential, Peace Officers' Association of Petaluma Unit 6- Police, International Association of 23 Firefighters Local, 1415 Unit 7 - Fire and Petaluma Public Safety Mid-Management Association Unit 10- 24 Public Safety Mid-Managers. 25 • CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION: Subdivision (a) of California Government 26 Code Section 54956.9: City of Petaluma, et al., v. County of Sonoma, et'al.,Sonoma County Superior 27 Court No. SCV 248948. 28 29 PUBLIC COMMENT ON CLOSED SESSION:ITEMS 30 31 May orGlass 32 33 Jody Weisenfeld, Petaluma, spoke in opposition to the proposed Dutra plant and in.support°of 34 an appeal. 35 36 Bill Phillips, Petaluma, spoke ih opposition to the proposed Dutra plant, and in support of an 37 appeal. 38 39 Stan•Gold, Petaluma, spoke in opposition to the proposed Dutra plant and in support of an 40 appeal. 41 42 Bill Chipman, Petaluma, spoke in support of the proposed Dutra plant and in opposition to an 43 appeal. 44 • V,ol'.,XX, Page 2 January 23, 2012 1 Paul Werbaneth; Petaluma, spoke in opposition to the proposed Dutra plant and in support of an 2 appeal. 3 4 Monty Chipman, Petaluma, spoke in support of the proposed-Dutra plant and in opposition to an 5 appeal. 6 7 Brian Perry, Petaluma, spoke in'support of the proposed Dutra plant and in opposition to an 8 appeal. 9 10 Beth Flake, Petaluma, spoke in opposition to the proposed Dutra plant and in support of an 11 appeal. 12 13 Ted Herman, Petaluma, spoke about the zoning of the area where the proposed Dutra plant 14 would be. 15 16 Pamela Torliatt, Petaluma, spoke in opposition to the proposed Dutra plant and in support of an 17 appeal. 18 19 John McGinnis, Petaluma, Adobe Creek Homeowners Association, spoke in opposition to the 20 proposed`,Dutra plant and in support of an appeal. 21 22 Jerry Price, Petaluma, spoke in opposition to the proposed Dutra plant and in support of an 23 appeal. 24 25 Laura Drewes, Petaluma,.spoke,in.opposition to the proposed Dutra plant and asked that a new 26 environmental impact report be considered. 27 28 Mayor Glass 29 30 Ms. Drewes 31 32 Michelle Brands-Giesea, Petaluma, spoke in opposition to the proposed Dutra plant and in 33 support of an appeal. 34 35 Marie McCusker, Director, Petaluma Downtown Association (PDA), spoke in opposition to the 36 proposed Dutra plant location. 37 38 Dale Axelrod, Petaluma, spoke in opposition to the proposed Dutra:plant and in support of an 39 .appeal. 40 41 David Keller,-Petaluma, spoke in opposition to the proposed Dutra plant and in support of an 42 appeal. 43 44 Amy Hanks, Petaluma, spoke in opposition to the proposed Dutra plant and support of an 45 appeal. 46 47 Heidi Rhymes, Petaluma, spoke in opposition to the proposed Dutra plant and in support of an 48 appeal. 49 50 Joan Cooper, Petaluma, Friends of Shollenberger Park, spoke in opposition to the proposed 51 Dutra plant and in support of an appeal. 52 January 23;2012 Vol. XX, Page 3 1 Sheri Chlebowski,,Petaluma,.Moms for Clean Air, spoke in opposition to the proposed Dutra 2 plant and in support of an appeal. 3 4 Mayor Glass 5 6 Gentleman, name not provided, spoke in support of the proposed Dutra plant and in opposition 7 to an appeal. 8 9 Mayor Glass 10 11 City Attorney Danly 12 13 ADJOURN TO CLOSED SESSION 14 15 16 MONDAY, JANUARY 23;.2012 17 EVENING SESSION -7:00 P.M. 18 19 CALL TO ORDER - EVENING•SESSION 20 21 A. Roll Call 22 23 Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;Mike Healy; 24 Gabe Kearney; Tiffany Renee 25 Absent: None 26 27 REPORT OUT OF CLOSED.SESSION (Actions Taken) 28 29 Mayor Glass 30 31 City Attorney Danly reported that the Council had voted and directed him to join, on behalf of 32 the City, the appeal of the decision in the matter involving the Dutra project. The vote was 6/1, 33 with Council Member Albertson voting no. Council also asked that their appreciation be noted 34 for the non-profits and citizens:corning forward to help support the City's litigation efforts 35 financially with more than half of the City's budgeted costs on appeal. 36 37 Mayor Glass 38 39 Council Member Albertson 40 41 Mayor Glass 42 43 Council Member Healy 44 45 Vice Mayor Renee 46 47 Mayor Glass 48 49 8. Pledge of Allegiance 50 51 Council'Member Harris 52 Vol XX, Page 4 January 23, 2012' 1 C. Moment of Silence 2 3 AGENDA CHANGES AND DELETIONS (To Current Agenda Only) 4 5 None. 6 7 PRESENTATION 8 9 • Presentation of the City's Comprehensive Annual Financial Report(CAFR). (Mushallo) (15 10 minutes) 11 12 Finance Director Bill Mushallo 13 14 Katherine Yuen, Partner, Maze.& Associates Accountancy Corporation, Pleasant Hill 15 16 Council Member Albertson 17 18 Ms. Yuen 19 20 Council Member Albertson 21 22 Ms. Yuen 23 24 Council Member Albertson 25 26 Ms. Yuen 27 28 Council Member Albertson 29 30 Mayor Glass 31 32 Ms. Yuen 33 ' 34 Mayor Glass 35 36 Council Member Healy 37 38 Ms. Yuen 39 40 Council Member Healy 41 42 Ms. Yuen 43 44 Mayor Glass 45 46 GENERAL PUBLIC COMMENT 47 48 Katherine Bobrowski, Petaluma, spoke regarding problems at the Littlewoods Mobile Home Park. 49 50 Victor Chechanover, Petaluma, spoke about the format of the agenda and said it was 51 confusing. He also asked what it would cost the City for the appeal of the Dutra item. 52 • January 23, 2012 Vol. XX, Page 5 1 Mayor Glass 2 3 City Attorney Dan ly 4 5 Mayor Glass 6 7 COUNCIL COMMENT 8 9 Council Member.Barrett 10 11 City Attorney Danly 12 13 Council Member Barrett 14 15 City Attorney Danly 16 17 Council Member Albertson 18 19 Council Member Kearney 20 21 Vice Mayor Renee 22 23 CITY MANAGER COMMENT 24 25 City Manager Brown 26 27 1. APPROVAL OF MINUTES 28 29 A. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, 30 December19, 2011. 31 32 Motion: Approve A. Minutes of Regular City Council/PCDC Meeting of Monday, 33 December 19, 2011,as presented. 34 35 Moved by Teresa Barrett, seconded by Mike Healy. 36 37 Vote: Motion carried 6-0 38 39 Yes: Chris Albertson; Teresa Barrett; David Glass; 40 Mike Healy; Gabe Kearney; Tiffany Renee 41 No: None 42 Abstain: Mike Harris 43 Absent: None 44 45 B. Approval of Minutes of Regular City Council/PCDC Meeting of Monday, January 46 9, 2012. 47 48 Motion: Approve B. Minutes of Regular City Council/PCDC Meeting of Monday, 49 January 9; 2012, as presented. 50 51 Moved by Gabe Kearney, seconded by Teresa Barrett. 52 Vol. XX, Page 6 January 23, 20112 1 Vote: Motion carded 7-0 2 3 . Yes: Chris Albertson; Teresa:B'arrett; David Glass; Mike Harris; 4 Mike Healy; Gabe Kearney; Tiffany Renee 5 No: None 6 Abstain: None 7 Absent: None 8 9 2. APPROVAL OF PROPOSED.AGENDA 10 11 A. Approval of Revised Proposed Agenda:for Regular City Council/PCDC Meeting of 12 Monday, February 6, 2012. - Revision No. 1 - Thursday,January 19, 2012. 13 14 Motion: Approve A. Revised Proposed Agenda for Regular City Council/PCDC 15 Meeting of Monday, February 6, 2012, as presented. 16 17 Moved by Teresa Barrett, seconded by Mike Healy. 18 19 Vote: Motion carded 7-0 20 21 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 22 Mike Healy; Gabe Kearney; Tiffany Renee 23 No: None 24 Abstain: None 25 Absent: None 26 27 3. NEW BUSINESS 28 29 A. Resolution 2012-009 N.C.S. of the City Council of the City of Petaluma Electing to 30 Retain the Housing Assets and Functions of the Petaluma Community 31 Development Commission (PCDC) Pursuant to Health and Safety Code Section 32 34176(a). (Brown/Gaebler) 33 34 Housing Administrator Bonne Gaebler 35 36 Mayor Glass 37 38 Mayor Glass opened:Public'Comment on Item 3.A. 39 . 40 Seeing-no persons wishing to speak, Mayor Glass closed Public Comment on Item 41 3.A. 42 43 Motion:„Approve A.,Resolution 2012-009 N.C.S. of the City Council of the City of 44 Petaluma Electing to Retainithe Housing Assets and Functions of the Petaluma 45 Community Development Commission (PCDC) Pursuant to Health and Safety 46 Code Section 34176(a). 47 48 Moved by Gabe Kearney, seconded by Mike Healy. 49 50 Vote: Motion carded 7-0 51 52 Yes: Chris Albertson; Teresa Barrett;David Glass; Mike Harris; • • January 23, 2012 Vol. XX, Page 7 1 Mike Healy; Gabe Kearney;Tiffany Renee 2. No:. None 3 Abstain: None 4 Absent: None 5 • 6 B. Adoption of PCDC Resolution 2012-03 Adopting an Amended Enforceable 7 Obligation Payment Schedule Pursuant to Health and=Safety Code Section 34169. 8 (Brown/Gaebler/Castellucci) -Revision No. 2 of staff report - Monday, January 23, 9 2012. 10 11 Sue Castellucci, Housing Program Specialist 12 13 Council Member Barrett 14 15 Ms. Castellucci 16 17 Council Member Barrett 18 19 Ms. Castellucci 20 21 Council Member Barrett 22 23 Ms. Castellucci 24 25 Council Member Healy 26 27 Ms. Castellucci 28 29 Mayor Glass 30 31 Council Member Barrett 32 33 Ms. Castellucci 34 35 Mayor Glass 36 37 Ms. Castellucci 38 39 Motion: Approve B. PCDC Resolution 2012-03 Adopting an Amended Enforceable 40 Obligation Payment Schedule,Pursuant to Health and Safety Code Section 34169. 41 42 Moved by Teresa Barrett, seconded by Gabe Kearney. 43 44 Mayor Glass opened.Public Comment on Item 3.B. 45 46 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on (tern 47 3:B. 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 Vol. XX, Page 8 January 23, 2012 '1 No: None 21 Abstain: None 3 Absent: None 4 5 C. Resolution.2012-010 N.C.S. and PCDC Resolution 2012-04 Pursuant to Health and 6 Safety Code,Section 33354.8 Regarding Forgiveness of a Loan, Advance or 7 Indebtedness Owed by a Public Body. (Brown/Gaebler) 8 9 Housing Administrator Bonne Gaebler 10 11 Mayor Glass.opened Public Comment on Item 3.C. 12 13 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 14 3.C. 15 16 Mayor Glass 17 18 Council Member Albertson 19 20 City Manager Brown 21 22 Council Member Albertson 23 24 City Attorney Danly 25 26 Council Member Albertson 27 28 City Attorney Danly 29 30 Motion: Approve C. Resolution 2012-010 N.C.S.and PCDC Resolution 2012- 31 04 Pursuant,to Health and Safety Code Section 33354.8 Regarding Forgiveness of 32 a Loan, Advance or Indebtedness Owed by a Public Body. 33 34 Moved by Tiffany Renee, seconded by Teresa Barrett. 35 36 Vote: Motion carried 7-0 37 38 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 39 Mike Healy; Gabe Kearney; Tiffany Renee 40 No: None 41 Abstain: None 42 Absent: None 43 44 D. Resolution 2012-011 N.C.S. Approving the Project Budget and Authorizing Award 45 of Contract for the East Washington Street 18" Water Main Replacement(Highway 46 101 to Edith Street) Project. (Scherzinger/Gothard) 47 48 Remleh Scherzinger, Interim Director of Water Resources and Conservation 49 50 Mayor Glass 51 52 Mr. Scherzinger January 23,2012 Vol. XX, Page,9 1 . 2 Vice Mayor Renee . 3 4 Mr.Scherzinger 5 6 Vice Mayor Renee 7 8 Mr. Scherzinger 9 10 City Attorney Danly 11 12 Mayor Glass 13 14 Vice Mayor Renee 15 16 City Attorney Danly 17 18 Vice Mayor Renee 19 20 Council Member Healy 21 22 Mr. Scherzinger 23 24 Council Member Healy 25 26 Motion: Approve D. Resolution 2012.011 N.C.S. Approving the Project Budget and 27 Authorizing Award of Contract for the East Washington Street 18" Water Main 28 Replacement(Highway 101 to Edith Street) Project. 29 30 Moved by Mike Healy, seconded by David Glass. 31 32 Council Member Albertson 33 34 Mr. Scherzinger 35 . 36 Council Member Albertson 37 38 Mayor Glass opened Public Comment on Item 3.D. 39 40 Seeing no persons wishing to speak, Mayor Glass dosed Public Comment on Item. . 41 3.D. 42 43 Vote: Motion carried 7-0 44 45 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 46 Mike Healy; Gabe Kearney; Tiffany Renee 47 No: None 48 Abstain: None 49 Absent: None 50 51 52 Vof: XX, Page 10 January 23,2012 • 1 4. PUBLIC HEARING 2 .3 A. Public Hearing to Levy an Annual Assessment for Fiscal Year 2012 for the .4 Downtown Petaluma Business Improvement District and Resolution 2012-012 5 N.C.S. Establishing the Levy for the 2012i Annual Assessmenffor the Downtown 6 Petaluma Business Improvement District. (Mushallo) 7 8 Council Member Healy and Vice Mayor Renee recused themselves for Item 4.A 9 and left the meeting. 10 11 Finance Director Bill Mushallo 12 13 Mayor Glass opened the PUBLIC HEARING: 14 15 Seeing no persons wishing to speak, Mayor Glass closed the PUBLIC HEARING. 16 17 Council Member Albertson 18 19 Mr. Mushallo 20 21 Marie McCusker, Director, Petaluma Downtown Association (PDA) 22 23 Council Member Albertson 24 25 Motion: Approve A. Resolution:2012-012 N.C.S. Establishing the Levy for the 2012 26 Annual Assessment for the Downtown Petaluma Business Improvement District. 27 28 Moved by Gabe Kearney, seconded by David Glass. 29 30 Vote: Motion carded 5-0 31 32 Yes: Chris Albertson; Teresa Barrett; David.Glass; Mike Harris; 33 Gabe Kearney 34 No: None 35 Recused: Mike Healy; Tiffany Renee 36 Absent: Mike Healy; Tiffany Renee 37 38 ADJOURN 39 40 Motion: Adjourn the meeting. 41 42 Moved by Teresa Barrett, seconded by Gabe Kearney. 43 44 Vote: Motion carried 5-0 45 46 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; 47 Gabe Kearney 48 No: None 49 Abstain: None 50 Absent: Mike Healy;Tiffany Renee 51 52 The meeting was adjourned at 9:07 p.m. January 23, 2012 Vol. XX, Page 11 1 2 3 4 David Glass, Mayor 5 6 ATTEST: 7 8 9 10 11 Claire Cooper, CMC, City Clerk 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