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HomeMy WebLinkAboutCity Council/PCDSA Minutes 01/04/20161 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 January 4, 2016 City of Petaluma, California MEETING OF THE CITY COUNCIL/ PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY zs5a City Council /PCDSA Minutes Monday, January 4, 2016 Regular Meeting MONDAY, JANUARY 4, 2016 CLOSED SESSION - 6:00 P.M. Vol. 48, Page 59 CALL TO ORDER - CLOSED SESSION A. ROLL CALL Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Absent: None CLOSED SESSION • CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION: Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9: William Case, et al. v. Jill Ravitch, et al., Sonoma County Superior Court Case No. SCV 256628. • CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to California Government Code Section 54957.6. Agency designated representative: City Attorney. Unrepresented employee: City Manager. PUBLIC COMMENT ON CLOSED SESSION ITEMS Mayor Glass opened Public Comment on CLOSED SESSION items. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED SESSION items. ADJOURN TO CLOSED SESSION MONDAY, JANUARY 4, 2016 EVENING SESSION - 7:00 P.M. CALL TO ORDER - EVENING SESSION q. ROLL CALL Present: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller Vol. 48, Page 60 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 January 4, 2016 Absent: None B. PLEDGE OF ALLEGIANCE Deb Dalton, Executive Director, Mentor Me Petaluma C. MOMENT OF SILENCE AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY) Mayor Glass announced that Item 5.A would be heard next, and that the order of Items 4.A and 4.13 would be reversed. Vice Mayor Miller Item 5.A was heard next: 5. NEW BUSINESS A. Resolution 2016 -001 N.C.S. Appointing Council Member Dave King as Vice Mayor for 2016. (Cooper) Motion: Approve A. Resolution 2016 -001 N.C.S. Appointing Council Member Dave King as Vice Mayor for 2016. Motion by David Glass, seconded by Kathy Miller. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None Vice Mayor King ROCLAMATIONS • Heather Mahoney and James D'Ambrogia - World Champion Winners - Petaluma Valley Athletic Club Junior Racquetball Team Mayor Glass • Human Trafficking Awareness Month - January 2016 Mayor Glass Raine Howe, Executive Director, Polly Klaas Foundation Mayor Glass Ms. Howe 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 January 4, 2016 National Mentoring Month - January 2016 Mayor Glass Deb Dalton, Executive Director, Mentor Me Petaluma PRESENTATIONS • Recognition of Employee Longevity. (Brown) City Manager Brown Vol. 48, Page 61 • Presentation of the 2015 Comprehensive Annual Financial Report. (Mushallo /Garberolio) Finance Director Bill Mushallo Principal Financial Analyst Corey Garberolio Council Member Kearney Ms. Garberolio Catherine Yuen, CPA, Partner, Maze & Associates Mayor Glass Ms. Yuen Council Member Healy Director Mushallo Council Member Healy GENERAL PUBLIC COMMENT Mayor Glass opened GENERAL PUBLIC COMMENT. Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. Dave Alden, Petaluma, spoke about the non - profit Strong Towns, which offers a fresh look at the City's current land use and infrastructure. Seeing no other persons wishing to speak, Mayor Glass closed GENERAL PUBLIC COMMENT. REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN) None. Vol. 48, Page 62 January 4, 2016 1 1. APPROVAL OF MINUTES 2 3 A. Approval of Minutes of Regular City Council /PCDSA Meeting of Monday, 4 December 7, 2015. 5 6 The Minutes of Regular City Council /PCDSA Meeting of Monday, December 7, 7 2015 were deemed approved as presented. 8 9 2. APPROVAL OF PROPOSED AGENDA 10 11 A. Approval of Revised Agenda for Regular City Council /PCDSA Meeting of Monday, 12 January 25, 2016. - Tentative Agenda Revision No. 1 - Monday, January 4, 2016. 13 14 Mayor Glass 15 16 Motion: Approve A. Revised Agenda for Regular City Council /PCDSA Meeting of 17 Monday, January 25, 2016, as presented. 18 19 Motion by Kathy Miller, seconded by Teresa Barrett. 20 21 Council Member Kearney 22 23 City Manager Brown 24 25 Vote: Motion carried 7 -0 26 27 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; 28 Gabe Kearney; Dave King; Kathy Miller 29 No: None 30 Abstain: None 31 Absent: None 32 33 3. CONSENT CALENDAR 34 35 A. Resolution 2016 -002 N.C.S. Accepting Claims and Bills for November 2015. 36 (Mushallo) 37 38 B. Resolution 2016 -004 N.C.S. Adopting a Complete Streets Policy. (Duiven) 39 40 C. Adoption (Second Reading) of Ordinance 2562 N.C.S. Repealing and Replacing 41 Water Conservation Regulations Contained in Sections 15.17.020 and 15.17.050 of 42 the Petaluma Municipal Code to Comply with State Water Efficient Landscape 43 Requirements and Repealing Chapter 15.18 to Remove Redundancy with the 44 City's Water Shortage Contingency Plan. (St. John /Walker) 45 46 D. Adoption (Second Reading) of Ordinance 2561 N.C.S. Adding Chapter 15.90 to 47 Title 15 of the Petaluma Municipal Code, Authorizing the Approval of Recycled 48 Water Service Agreements and Associated Easements for the Petaluma Recycled 49 Water System by City Council Resolution and Authorizing the City Manager to 50 Execute Recycled Water Service Agreements and Accept Associated Easements. 51 (St. John /Walker) 52 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 January 4, 2016 Vol. 48, Page 63 E. Resolution 2016 -003 N.C.S. Approving City Council Liaison Appointments. (Brown) Mayor Glass opened Public Comment on the CONSENT CALENDAR. Dave Alden, Petaluma, spoke in favor of adopting the Complete Streets Policy. Bjorn Griepenburg, Petaluma, spoke in favor of adopting the Complete Streets Policy, and encouraged Council to also look at improving bicycle lanes, safety, etc. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on the CONSENT CALENDAR. Council Member Albertson Finance Director Mushallo Council Member Albertson Public Works and Utilities Director Dan St. John Council Member Albertson Director St. John Council Member Healy Director St. John Motion: Approve CONSENT CALENDAR Items 3.A, 3.C, 3.D, and 3.E. Appointments for Item 3.E as follows: 2016 Representative Airport Commission Council Liaison Chris Albertson Planning Commission Council Liaison Dave King Recreation, Music, and Parks Commission Council Liaison Kathy Miller Youth Commission Council Liaison Gabe Kearney Animal Services Advisory Committee Council Liaison Gabe Kearney Disaster Council Mayor (by Charter) David Glass Pedestrian & Bicycle Advisory Committee Council Liaison Kathy Miller Technology Advisory Committee Council Liaison Teresa Barrett Transit Advisory Committee Council Liaison Gabe Kearney Transient Occupancy Tax Subcommittee (TOT) Health Action Council Council Subcommittee Council Representation Chris Albertson, Teresa Barrett, David Glass Gabe Kearney Vol. 48, Page 64 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 January 4, 2016 Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 7 -0 Yes: 2016 Representative North Bay Watershed Association Council Liaison Mike Healy North Bay Watershed Association - Alternate Council Liaison Teresa Barrett Sonoma County Library Advisory Board Council Liaison Teresa Barrett Visitors' Program Advisory Committee Council Liaison David Glass Legislative Committee Subcommittee to Mayors' & Chris Albertson, Councilmembers' Assoc. Mike Heal alternate North Bay Water Reuse Authority Board of Directors Council Representation David Glass North Bay Water Reuse Authority Council Representation Board of Directors - Alternate (Alternate) Mike Healy Sonoma Clean Power Authority (SCPA) Board of Directors Council Representation Dave King Sonoma Clean Power Authority (SCPA) Council Representation Board of Directors - Alternate (Alternate) Gabe Kearney Sonoma County Transportation Authority /Regional Climate Protection Authority Council Representation Kathy Miller SCTA /RCPA Sonoma County Transportation Authority /Regional Climate Protection Authority Council Representation Chris Albertson (SCTA /RCPA) - Alternate (Alternate) Sonoma County Water Advisory Committee (WAC) Council Representation Mike Healy Sonoma County Water Advisory Committee Council Representation (WAC) - Alternate (Alternate) Kathy Miller Sonoma County Water Agency Zone 2A Advisory Committee Council Representation Teresa Barrett Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None City Attorney Danly Council Member Healy Motion: Approve B. Resolution 2016 -004 N.C.S. Adopting a Complete Streets Policy, with Policy Section C, Exemptions, Process subsection c amended to read as follows: "Where scarcity of population or other factors suggest an absence of need or lack of practicability. For example, all construction or reconstruction of public streets must include sidewalk improvements on both sides, unless the street is a cul -de -sac with 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 9 January 4, 2016 Vol. 48, Page 65 few dwellings or the street has severe topographic, natural resource, or right of way constraints." Motion by Mike Healy, seconded by Teresa Barrett. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None UNFINISHED BUSINESS Item 4.11 was heard before Item 4.A Resolution 2016 -005 N.C.S. to Approve the 2016 Downtown Petaluma Business Improvement District Annual Report and Related Budget; Declaring the Intention to Levy the 2016 Annual Assessment, and Setting a Public Hearing on the Proposed 2016 Annual Assessment. (Mushallo) - Continued from the December 7, 2015 City Council Meeting. Vice Mayor King announced that he would recuse himself for the item as his office is in the Downtown Petaluma Business Improvement District, and he has a client who was awarded the contract for accounts receivable and billing; Council Member Kearney recused himself from voting on the item as his place of business is within the Downtown Petaluma Business Improvement District; and, Council Member Healy recused himself from voting on the item as his office is within the Downtown Petaluma Business Improvement District. All three left the dais. City Attorney Danly Finance Director Bill Mushallo Mayor Glass opened Public Comment on Item 4.B. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 4.6. Motion: Approve B. Resolution 2016 -005 N.C.S. to Approve the 2016 Downtown Petaluma Business Improvement District Annual Report and Related Budget; Declaring the Intention to Levy the 2016 Annual Assessment, and Setting a Public Hearing on the Proposed 2016 Annual Assessment, as revised to change the date of the PUBLIC HEARING from January 25, 2016 to February 1, 2016. Motion by Kathy Miller, seconded by Teresa Barrett. Vote: Motion carried 4 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Kathy Miller Vol. 48, Page 66 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 January 4, 2016 No: None Abstain: Mike Healy; Gabe Kearney; Dave King Absent: None Vice Mayor King, Council Member Healy and Council Member Kearney returned to the dais. A. Introduction (First Reading) of Ordinance 2563 N.C.S. Modifying Chapter 10. 15, "Medical Marijuana," of Title 10 Peace, Safety, and Morals, Part III Offenses Against Public Health and Safety of the City of Petaluma Municipal Code, by Amending Sections 10.15.10, "Purpose," Section 10.15.020, "Definitions," Section 10.15.030; "Prohibition of Medical Marijuana Dispensaries," and Section 10.15.040; "Public Nuisances." (Williams) Police Lieutenant Ken Savano Mayor Glass Lieutenant Savano Mayor Glass Lieutenant Savano Council Member Barrett Lieutenant Savano Council Member Barrett Lieutenant Savano City Attorney Danly Council Member Barrett Council Member Kearney Lieutenant Savano Council Member Kearney Council Member Barrett Mayor Glass Vice Mayor King Lieutenant Savano City Attorney Danly 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 January 4, 2016 Lieutenant Savano Mayor Glass opened Public Comment on Item 4.A. Vol. 48, Page 67 Kamari Siradas, Sonoma Alliance for Medical Marijuana, Sebastopol, encouraged Council to increase the number of plants to six which is consistent with the state. Moses, Triple Beam 215 Medical Collective, Petaluma, doesn't support the ordinance as it will decrease the supply of medical marijuana for patients, specifically his. Linda Stokley, Petaluma, told Council she is a medical cannabis patient who grows her own and believes the ordinance it's not reasonable. Charles Cowles, Petaluma, believes the proposed limit is too low for Petaluma's citizens and recommends increasing the limit to at least twelve plants per person. Tawni Logan, Sonoma County Growers Alliance, Santa Rosa, proposes developing a comprehensive policy for compliant operators. Alex Ban, Petaluma, said there are many flaws in the ordinance. He believes it will turn peaceful growers into criminals in the eyes of the Police Department. Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives. Name Not Given, Petaluma, said she is not opposed to pot smoking but it is difficult to live near someone growing marijuana because of the odor. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 4.A. Council Member Albertson Mayor Glass Council Member Healy Council Member Barrett Mayor Glass Council Member Healy City Attorney Danly Council Member Healy Mayor Glass Council Member Kearney Vol. 48, Page 68 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 January 4, 2016 Council Member Barrett Council Member Kearney City Attorney Danly Vice Mayor King Council Member Miller Mayor Glass Council Member Healy Motion: Approve A. Introduction (First Reading) of Ordinance 2563 N.C.S. Modifying Chapter 10.15, "Medical Marijuana," of Title 10 Peace, Safety, and Morals, Part III Offenses Against Public Health and Safety of the City of Petaluma Municipal Code, by Amending Sections 10.15.10, "Purpose," Section 10.15.020, "Definitions," Section 10.15.030; "Prohibition of Medical Marijuana Dispensaries," and Section 10.15.040; "Public Nuisances." Motion by David Glass, seconded by Mike Healy. Vote: Motion carried 6 -1 Yes: Chris Albertson; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: Teresa Barrett Abstain: None Absent: None City Attorney Danly Council Member Healy City Attorney Danly Council Member Healy Mayor Glass City Manager Brown Mayor Glass City Attorney Danly Council Member Miller January 4, 2016 1 5. NEW BUSINESS, continued 2 Vol. 48, Page 69 3 B. Resolution 2016 -006 N.C.S. Ratifying the Tentative Agreement Reached by the 4 Duly Authorized Representatives of the City of Petaluma and the Petaluma Public 5 Safety Mid- Management Association, Unit 10, and Approving an Updated 6 Memorandum of Understanding Incorporating the Tentative Agreement for 7 Execution by the Parties. (Dinsmore) 8 9 Human Resources Director Dianne Dinsmore 10 11 Council Member Albertson 12 13 Director Dinsmore 14 15 Mayor Glass opened Public Comment on Item S.B. 16 17 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 18 5. B. 19 20 Council Member Kearney 21 22 Motion: Approve B. Resolution 2016 -006 N.C.S. Ratifying the Tentative Agreement 23 Reached by the Duly Authorized Representatives of the City of Petaluma and the 24 Petaluma Public Safety Mid - Management Association, Unit 10, and Approving an 25 Updated Memorandum of Understanding Incorporating the Tentative Agreement 26 for Execution by the Parties. 27 28 Motion by Gabe Kearney, seconded by Dave King. 29 30 Vote: Motion carried 6 -1 31 32 Yes: Chris Albertson; Teresa Barrett; Mike Healy; 33 Gabe Kearney; Dave King; Kathy Miller 34 No: David Glass 35 Abstain: None 36 Absent: None 37 38 C. Resolution 2016 -007 N.C.S. Certifying Addendum No. 5 to the Water Recycling 39 Facility and River Access Improvement Certified Environmental Impact Report; 40 and Resolution 2016 -008 N.C.S. Authorizing the Receipt of Financial Assistance 41 from the California Energy Commission for the Design and Construction of the 42 Biomass -to - Biofuel Improvements; Authorizing the City Manager to Execute All 43 Necessary Application Documents and to Negotiate and Execute a Financial 44 Assistance Agreement with the California Energy Commission and Any 45 Amendments or Change Orders Thereto; Approving the Biomass- to -Bio Fuel 46 Improvements; and Adopting a Mitigation Monitoring Program. (St. John /Walker) 47 48 Public Works and Utilities Director Dan St. John 49 50 Mayor Glass opened Public Comment on Item 5.C. 51 Vol. 48, Page 70 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 January 4, 2016 Jody Clay, Kaiser Permanente, Petaluma, requested information and opportunity for input on location for new natural gas filling station at Ellis Creek. Seeing no other persons wishing to speak, Mayor Glass closed Public Comment on Item 5.C. Mayor Glass Environmental Services Manager Leah Walker Council Member Healy Director St. John Council Member Healy Director St. John Motion: Approve C. Resolution 2016 -007 N.C.S. Certifying Addendum No. 5 to the Water Recycling Facility and River Access Improvement Certified Environmental Impact Report; and Resolution 2016 -008 N.C.S. Authorizing the Receipt of Financial Assistance from the California Energy Commission for the Design and Construction of the Biomass- to- Biofuel Improvements; Authorizing the City Manager to Execute All Necessary Application Documents and to Negotiate and Execute a Financial Assistance Agreement with the California Energy Commission and Any Amendments or Change Orders Thereto; Approving the Biomass- to -Bio Fuel Improvements; and Adopting a Mitigation Monitoring Program. Motion by Kathy Miller, seconded by Gabe Kearney. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None D. Resolution 2016 -009 N.C.S. Amending the Classification and Compensation Plan by Establishing the Classification and Pay Range of Police Property Technician, Authorizing the Position Allocation of One (1.0) FTE Police Property Technician, and Reducing the One (1) FTE Evidence Technician Position Allocation to 0.5 FTE. (Williams /Dinsmore) Police Chief Pat Williams Mayor Glass opened Public Comment on Item 5.D. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 5.D. 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 January 4, 2016 Vol. 48, Page 71 Motion: Approve D. Resolution 2016 -009 N.C.S. Amending the Classification and Compensation Plan by Establishing the Classification and Pay Range of Police Property Technician, Authorizing the Position Allocation of One (1.0) FTE Police Property Technician, and Reducing the One (1) FTE Evidence Technician Position Allocation to 0.5 FTE. Motion by Gabe Kearney, seconded by Chris Albertson. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None E. Resolution 2016 -010 N.C.S. Authorizing a Grant Funded Police Officer Position Allocation to Address Illegal Dump Sites. (Williams) Police Chief Pat Williams Mayor Glass opened Public Comment on Item 5.E. Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item 5.E. Council Member Kearney Motion: Approve E. Resolution 2016 -010 N.C.S. Authorizing a Grant Funded Police Officer Position Allocation to Address Illegal Dump Sites. Motion by Gabe Kearney, seconded by Kathy Miller. Vote: Motion carried 7 -0 Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Healy; Gabe Kearney; Dave King; Kathy Miller No: None Abstain: None Absent: None Vice Mayor King Chief Williams COUNCIL COMMENT Council Member Barrett Mayor Glass Vol. 48, Page 72 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 City Manager Brown Mayor Glass Council Member Barrett Vice Mayor King Council Member Miller Council Member Healy CITY MANAGER COMMENT None. ADJOURN The meeting was adjourned at 9:47 p.m. ATTEST: & OW-L' Claire Cooper, City Clerk January 4, 2016 David Glass, Mayor